[0:01] 28th, 2025 to order. [0:02] >> Clerk please call the roll. [0:03] Thank you. [0:07] Council PRESIDENT Council [0:07] Member Campbell Council Member [0:08] Whitburn here Council Member [0:13] Foster there Council Member Von [0:13] Wilpert Council PRESIDENT Pro [0:16] Tem Lee Council Member Campo [0:17] Council Member Moreno and [0:21] Council Member Isla Rivera [0:22] present and Council PRESIDENT [0:22] LaCava present Also attending [0:26] the meeting our senior Chief [0:27] Deputy City Attorney Carrie New [0:27] for Independent Budget Analyst [0:28] Charles Monaco Council Affairs [0:32] Advisor in the Mayor's office [0:32] Good advisor and myself your [0:33] city clerk Diana Fuentes they [0:34] cannot present. [0:34] All right. [0:36] Thank you. [0:36] Clerk We have a quorum. [0:37] We will begin this morning with [0:38] the land acknowledgment and [0:41] the Pledge of Allegiance led by [0:41] council member Moreno Thank [0:41] you. [0:44] >> Please stand. [0:49] >> We respectfully acknowledge [0:50] that the culmination are [0:51] the original inhabitants of [0:55] the Unceded land now known as [0:55] San Diego. [0:56] Despite enduring the horrors of [1:00] genocide and colonization, [1:00] the community spirit remains [1:01] unbroken. [1:01] We honor the resilience of [1:04] their ancestors who fought to [1:05] protect their land and culture. [1:09] Today they carry their legacy [1:10] forward ensuring that their [1:10] traditions continue to thrive [1:14] and gratitude and strength We [1:14] stand with the culmination [1:19] connected to our past and [1:19] committed to a thriving future. [1:23] Now if you please place our [1:23] flag, put your heart hand over [1:28] your heart and repeat after me. [1:29] I pledge allegiance to the flag [1:33] of the United States of America [1:33] and the Republic for which [1:37] stands one nation under GOD, [1:37] indivisible with liberty and [1:42] justice for all. [1:42] >> All right. [1:47] As I mentioned, we have a [1:48] quorum and is now the new [1:48] practice. [1:49] We'll be starting with [1:52] the proclamation And for [1:55] clarification on the record, [1:56] item s501 is being presented by [2:00] council member Reno and by [2:01] Council member Foster Clark. [2:01] Please proceed with public [2:05] comment on the proclamations. [2:06] >> Thank you. [2:06] Quickly I'll just go over how [2:07] the public can offer their [2:09] public testimony during today's [2:10] meeting. [2:10] If you are in person please [2:11] complete the speaker slip [2:12] located at the entrance of [2:15] chambers and bring it to [2:15] the front of the room. [2:16] Please come at your speakers up [2:17] in a timely manner to ensure [2:19] proper meeting management [2:19] Council ambassadors are [2:20] available near the entrance of [2:21] chambers and can assist with [2:24] questions and speakers slips As [2:25] a reminder no further in-person [2:26] testimony will be taken once [2:28] the council begins Virtual [2:28] testimony. [2:29] If you would like to [2:30] participate virtually you can [2:30] do so via the webinar [2:33] information found on the Agenda [2:34] cover page. [2:34] Members of the public who wish [2:35] provide virtual testimony must [2:36] enter the virtual queue by [2:39] raising their hand by either [2:39] dialing sa nine or pressing [2:40] the raise your hand icon before [2:43] the queue closes. [2:44] The queue will close when [2:44] the last virtual speaker [2:47] finishes testimony or five [2:48] minutes or whenever the last [2:51] person speak speaks whichever [2:52] occurs first for meeting [2:52] management purposes during [2:53] the proclamations and consent [2:56] portions of the agenda speakers [2:57] will have one minute per item [3:00] and up to a maximum of three [3:01] minutes If there are three or [3:02] more items in that portion of [3:05] the agenda for the proclamation [3:09] items we have quite a few [3:09] speakers. [3:10] If I can have the following [3:11] individuals please come [3:11] forward. [3:15] Dennis Don and Natasha Wong [3:20] Louie When Karen Mack Maga [3:24] Magpie Kathleen Dang and Lauren [3:25] Garces you're speaking on items [3:28] 30 and 31 subjectively. [3:29] >> Dennis You can come up to [3:41] the microphone oh good morning. [3:46] Council PRESIDENT LaCava [3:47] Council PRESIDENT Pro Tem Lee [3:52] and honorable Council members. [3:52] My name is Dennis Tome, [3:53] Commissioner for Arts and [3:55] Culture representing District [3:55] six. [3:56] I'm deeply honored to be [3:56] reappointed to this role today [4:00] and continue to serving our [4:00] community. [4:01] Before I begin I want to take a [4:02] moment to acknowledge [4:05] the devastating fires affecting [4:05] Southern California. [4:06] Our hearts and prayers are with [4:10] the families and victims [4:10] impacted as well as the brave [4:11] firefighters and first [4:14] responders working tirelessly [4:15] to protect lives and [4:15] communities. [4:16] Their courage reminds us of [4:20] the importance of coming [4:20] together in unity especially [4:24] through these times of crisis [4:25] As we reflect on the strength [4:26] that has carried us through [4:26] difficult times. [4:29] We are reminded of [4:30] the significance of embracing [4:30] who we are regardless of [4:34] the challenges we face. [4:34] For me this journey of [4:35] embracing my heritage wasn't [4:39] always easy. [4:40] Growing up I was teased for [4:40] being different, for speaking a [4:44] different language at home and [4:45] for celebrating traditions [4:45] others didn't understand. [4:49] But as I've grown I've come to [4:50] see that our differences are [4:51] not something to hide. [4:53] There's something to celebrate [4:54] rather than isolate. [4:55] The proclamation of a lunar new [4:59] Year is more than just a [5:00] recognition of a cultural [5:00] tradition. [5:01] It's an opportunity to reflect [5:04] on the colorblind values that [5:04] bind us together as a city [5:08] family renewal community and [5:08] hope. [5:09] These principles transcend our [5:09] differences and remind us that [5:13] even in the face of disaster or [5:14] division we are strongest when [5:18] we stand together. [5:19] Just as a snake sheds its skin [5:19] to grow. [5:20] This proclamation marks a [5:23] moment for San Diego to embrace [5:24] growth that comes from [5:24] understanding and honoring [5:28] the cultural richness that [5:29] makes our city so unique. [5:29] It allows us to inspire future [5:33] generations to embrace their [5:34] heritage, to share their [5:34] stories proudly and to create a [5:37] more inclusive and united San [5:37] Diego. [5:38] On behalf of the Asian [5:42] community, thank you for your [5:42] leadership in making moments [5:43] like this possible. [5:47] Together we can continue to [5:48] build a city where everyone [5:48] feels seen, valued and [5:49] celebrated. [5:50] Thank you And happy Lunar New [5:51] Year. [5:51] >> Thank you. [5:55] That does conclude your time. [5:56] Natasha you also have two [5:59] minutes speaking on items 30 [6:00] and 31. [6:00] Thank you. [6:00] Good morning. [6:04] San Diego City Council Members [6:05] My name is Natasha Wang and I'm [6:09] the PRESIDENT Of the House of [6:10] China, the superintendent of [6:10] the Chinese school San Diego [6:14] and also a commissioner on [6:15] the Commission of the Status of [6:15] Women. [6:16] I thank you this morning for [6:19] recognizing Lunar New Year, our [6:23] most important cultural holiday [6:24] for Asian-Americans and our [6:28] Chinese-Americans as a [6:29] Chinese-American woman I was [6:29] born and raised here in San [6:33] Diego and as long as I can [6:34] remember this was the most [6:34] significant holiday for our [6:37] family. [6:38] But it wasn't always celebrated [6:39] in the mainstream America or [6:42] here in San Diego. [6:43] And more than 30 years ago my [6:47] family and some community [6:48] members we helped create [6:49] the Chinese New Year Street [6:53] Fair here in downtown and a [6:56] very small simple dinner Last [6:57] Saturday our organization [7:00] celebrated our 46th annual [7:01] Chinese New Year's Celebration [7:05] the largest Chinese New Year [7:06] gala in San Diego with almost [7:07] 500 in attendance And it was [7:11] attended by COUNCILMAN [7:11] PRESIDENT Joe LaCava, [7:15] COUNCILMAN Kent Lee, City [7:16] Attorney Heather Herbert and [7:20] San Diego Police Office Chief [7:21] while we thank them for their [7:21] support. [7:26] Now today and this this year we [7:27] see many San Diego's come out [7:29] and celebrate with us [7:30] especially over the next two [7:31] weeks the House of China We [7:35] will celebrate in Balboa Park [7:39] FEBRUARY 15th and 16th with [7:39] city with COUNCILMAN Whitburn [7:40] and COUNCILMAN Kent Lee opening [7:43] our ceremonies. [7:44] It means a lot to us to have [7:45] our city representatives and [7:48] our San Diego and community [7:48] celebrate because it means we [7:49] belong. [7:53] It means we value the Chinese [7:54] and Asian-American cultural [7:57] diversity and we appreciate it [7:58] And we are so proud to share [7:59] our culture and our traditions. [8:03] Thank you so much. [8:13] >> Next is Louie with. [8:14] >> Good morning council [8:15] members, gentlemen And I'm [8:18] gonna. [8:19] Happy New Year's in Vietnamese. [8:19] Some of you MAY recognize me. [8:22] Probably because of my fedora [8:23] because that's what I wear. [8:24] But I'm also a trustee of [8:27] the San Diego City Employee [8:27] Pension Plan. [8:31] The mayor appointed me about [8:31] four years ago. [8:32] I'm also the incoming ceo of [8:35] say, San Diego, a nonprofit in [8:39] town about 50 years in [8:39] existence. [8:40] I am the first Asian American [8:44] ceo. [8:45] We serve about 35,000 San Diego [8:45] in a year. [8:48] Of that about 1000 [8:49] Asian-Americans. [8:52] And of that about 350 school [8:53] aged children who we serve [8:57] every day, day in, day out. [9:02] I came to the us as a refugee, [9:03] grew up in Tulsa, Oklahoma. [9:06] At that time New Year's [9:07] celebration that celebration [9:11] was a very modest affair. [9:12] We would make some home cook [9:16] and family get together. [9:17] It was a not a very large [9:17] community. [9:18] And so it was a very [9:21] marginalized celebration. [9:22] It was a celebration almost in [9:26] hiding. [9:27] Being here in San Diego for [9:29] the last 20 something years and [9:30] seeing the elevation of one of [9:35] our most important family [9:36] gathering and cultural [9:36] gathering to be celebrated at a [9:39] city level I think is just an [9:40] amazing testimony of where this [9:45] city has come and gone and [9:46] arrived at. [9:48] Also I'd say San Diego we have [9:49] 30 something languages across [9:50] all the people all the young [9:54] people, the families that we [9:54] support. [9:55] So in the spirit of that I [9:55] would encourage and I would [9:59] love to see the other amazing [9:59] cultures in our in our city be [10:00] celebrated as well. [10:04] So again, thank you for having [10:04] us today. [10:05] Love the proclamation and [10:06] please keep up the great work. [10:12] Thank you Karen. [10:13] >> Good morning. [10:18] City Council your dedicated [10:18] staff and to the community [10:19] members behind me. [10:20] My name is DR. Carmen Malcolm [10:23] who by? [10:23] I am a proud educator but more [10:24] importantly I'm someone who's [10:27] loved our San Diego communities [10:28] for over 45 years despite my [10:32] not being born here. [10:33] >> I have to share with you [10:33] since JANUARY 20th my heart's [10:34] been a little bit heavy because [10:37] I have students and I have [10:38] friends who now fear for their [10:42] health, their safety and their [10:42] well-being. [10:46] So celebrations like the one [10:46] we're about to have today [10:47] together are key because they [10:51] affirm who we are as a people. [10:51] They affirm that no matter [10:52] where we're from we're here now [10:55] in San Diego and we all belong [10:56] here In other parts of [10:57] the country, celebrations like [11:00] this wouldn't be allowed. [11:01] People like me wouldn't be [11:04] allowed to teach What I teach [11:05] and that weighs heavy on my [11:06] heart. [11:06] And that's why celebrations [11:10] like this are so key. [11:10] I read that the year of [11:11] the snake means fire and [11:15] passion. [11:15] I personally don't celebrate [11:16] Lunar New Year but I celebrate [11:19] my friends and community [11:19] members who do. [11:20] And I'm asking each of you in [11:24] the years ahead to hold on to [11:25] that fire and that passion to [11:25] make sure that we let all of us [11:29] who are here in San Diego know [11:30] that they are welcome, that [11:30] they are loved, that they [11:33] belong here. [11:38] >> I'm proud that we have [11:38] students who are here to [11:39] witness that. [11:39] It's powerful when community [11:43] members come together and we [11:44] ask our decision makers to make [11:44] choices on our behalf, That's [11:45] really key. [11:47] You all belong here as well. [11:48] So I thank you all. [11:52] City Council. [11:53] Please join me join all of us [11:54] in reminding the rest of our [11:57] country that San Diego is not [11:58] beautiful just for our beaches [11:58] and our sunsets. [12:02] It's beautiful because of [12:02] the people Here we are [12:03] the beauty of San Diego. [12:03] Thank you. [12:13] Happy Lunar New Year Catalina [12:18] Catling Thank you. [12:19] >> Good morning. [12:20] City Council and city staff I'm [12:20] Kathleen de Bord secretary of [12:23] the Chinese Consolidate [12:24] Benevolent Association, one of [12:24] the oldest Chinese-American [12:25] organizations founded in [12:28] downtown San Diego in the late [12:29] 1800s in what was then [12:30] the Chinatown of San Diego a [12:33] place for Chinese immigrants to [12:34] arrive to San Diego. [12:34] >> Many notable people have [12:38] roots from this area such as [12:39] former San Diego City Council [12:40] member Tom Hom. [12:40] We founded the First Lion Dance [12:44] team the Lucky Line Dancers led [12:45] by esteemed elders the late [12:47] Rollie Quan and the late Albert [12:47] Wang. [12:48] Our organization has been [12:51] active in San Diego for over [12:52] 125 years focused on community [12:56] service, cultural heritage and [12:57] generational belonging. [12:57] We're producing the 42nd San [13:01] Diego Chinese New Year Fair in [13:02] downtown San Diego on FEBRUARY [13:03] 8th and ninth and we are [13:06] honored and proud to be here to [13:07] recognize the Lunar New Year [13:08] with representatives from many [13:11] diverse cultural organizations [13:12] of our region. [13:12] Please know there is more work [13:16] to be done to recognize and [13:16] amplify the communities who MAY [13:17] not be present in this room. [13:20] We encourage the city to [13:21] continue building pathways for [13:25] all communities to be empowered [13:26] and civically engaged every day [13:27] of the year and not just during [13:31] cultural holidays. [13:32] Wishing you all a happy lunar [13:32] New Year and you're the snake [13:36] going Hey Fat Choi. [13:37] >> Tuchman Numbly in cnn Kuala [13:41] thank you. [13:42] Next is Lauren Garcia and you [13:46] only spoke to item 30. [13:47] >> Did you want to speak to [13:47] item 31 as well? [13:47] Thank you. [13:50] Please proceed. [13:50] Good morning and aloha. [13:51] Honorable council member, city [13:55] attorney and clerk and staff. [13:56] My name is Lauren Bell Sita [13:57] Garces and I am the current [13:59] co-chair for the San Diego [14:00] Asian Pacific Islander [14:00] Coalition. [14:03] Our coalition has grown to over [14:04] 50 plus Asian and Pacific [14:05] Islander serving organizations [14:08] across San Diego County. [14:08] And as a Filipino-American [14:09] growing up in Hawaii I actually [14:13] didn't celebrate Lunar New Year [14:13] but I've been in San Diego for [14:14] over ten years. [14:15] And thanks to so many wonderful [14:18] non-profits here today and [14:19] beyond, we're able to celebrate [14:19] free community events. [14:23] We're able to go to amazing [14:23] small businesses and Asian and [14:24] Pacific Islander communities [14:28] that support these celebrations [14:28] like Convoy District Mira mesa [14:29] City Heights and beyond. [14:32] And I want to thank all those [14:33] amazing community leaders who [14:34] continue to support that work, [14:37] continue to welcome us to [14:37] celebrate with them. [14:38] And with that I want to thank [14:39] you all also for continuing to [14:42] welcome these communities, [14:42] continuing to represent them, [14:43] continuing to advocate them and [14:47] continuing to show why all [14:48] these beautiful communities [14:48] make San Diego such a beautiful [14:52] and diverse place. [14:53] We're here all to do the work [14:53] with you and we're excited to [14:56] do that work especially in [14:57] these challenging times ahead. [14:57] So with that with the spirit of [15:01] Lunar New Year. [15:02] Thank you all so much. [15:02] Wishing everyone prosperity, [15:03] health and wellness ahead. [15:06] Thank you. [15:09] >> Thank you, Joseph Joseph [15:15] Robert Ramirez. [15:16] Good morning. [15:16] My name is Joseph Rancho [15:17] Ramirez. [15:17] My students call me Professor [15:19] George Our prophet Jojo. [15:20] I'm a professor of Asian [15:21] American studies at [15:23] Southwestern College and I live [15:24] down south in 92154. [15:25] I want to actually talk to you [15:28] all about the importance of [15:28] 2025 and the upcoming 2026 [15:29] Lunar New Year for many folks [15:33] who are from Southeast Asia, [15:34] the Vietnamese community and [15:35] the Chinese community in [15:35] Cambodia and Laos and those who [15:39] were influenced and combine [15:39] local communities with Lunar [15:40] New Year 2025 was the last time [15:43] they celebrated Lunar New Year [15:44] in their homeland. [15:47] 2025 marks the 50th anniversary [15:48] of the refugee communities [15:48] particularly Southeast Asian [15:52] refugees here in San Diego [15:52] where many of them were [15:53] processed. [15:55] And next year 2026 will be [15:56] the first year they celebrated [15:57] Lunar New Year as refugees in [15:57] the United States. [16:01] So it is important to support [16:01] not just the cultural aspect [16:04] but how these celebrations are [16:05] connected to not just [16:05] the people to the land but [16:09] the story of overall San Diego [16:10] San Diego's as we celebrate [16:14] Lunar New Year, the fall of [16:15] Saigon, the diaspora of [16:15] Cambodian and Lao communities [16:19] in San Diego. [16:20] I want to make sure that we [16:21] also support why these studies [16:21] are important and how they are [16:25] connected in Asian American [16:25] studies in refugee studies and [16:28] how us as a community are more [16:29] than just immigrants. [16:30] We are people with stories, [16:34] lives stories that stories our [16:34] ancestors are all connected in [16:35] how we tell our narratives Here [16:39] in San Diego. [16:39] >> Thank you. [16:39] Thank you. [16:52] Next is Alan Alan Trent Hello [16:52] council members and City [16:52] Attorney. [16:53] My name is Alan. [16:57] I am the Treasurer for [16:57] the Vietnamese American Youth [16:58] Alliance. [16:58] I am followed here by Kendra [17:00] who is the current MISS Vietnam [17:06] San Diego for another few days [17:06] I would like to thank you all [17:07] for all your support for [17:10] the San Diego Day Festival. [17:11] This is something that is near [17:12] and dear to my heart from when [17:16] I was a volunteer for [17:16] the festival back in like high [17:20] school and just working my way [17:20] up into the organization to [17:21] where it is now and the support [17:22] that has been given to our [17:25] festival and our organization [17:26] has been amazing and something [17:29] that I hold dear to my heart So [17:30] for the years a year of [17:31] the Snake I want to give a [17:38] couple Vietnamese well-wishes [17:39] for every single one of you So [17:40] I'll do the translations in a [17:44] little bit But it is [17:45] essentially took my success As [17:48] always our some low drum toy [17:48] which essentially means I wish [17:49] you all plenty of help and for [17:51] each and every single one of [17:52] you to live till 100. [17:54] Thank you. [17:59] Thank you so much. [18:00] >> That does include public [18:00] comment for proclamations here [18:04] in council chambers I put five [18:05] minutes on the clock going to [18:05] those participating remotely [18:08] starting with 7968 If you can [18:09] please let me know which item [18:12] or items you wish to speak to. [18:12] Thank you. [18:17] City Clerk 2830 31 and 501 [18:19] please You'll have three [18:19] minutes. [18:25] Please proceed. [18:26] I join you at a district three. [18:27] First of all, thank you [18:29] everybody who just spoke it was [18:33] so beautiful The words were [18:34] just inspirational And [18:38] the beautiful colors You were [18:39] wearing that speak of [18:39] the spirit of your culture. [18:43] Thank you. [18:44] Thank you so much. [18:44] That was just so beautiful. [18:52] So I'll be here to see I it's [18:52] not my year so to speak, you [18:57] know, symbolize that it's [18:57] the snake I love snakes. [19:02] The Seahawks using their speed [19:02] and giving up their skin is so [19:05] powerful a metaphor for change [19:05] . [19:06] So each individual can do that [19:10] in their work for government [19:11] and our beloved government [19:15] workers all can look at [19:16] removing their skin in regards [19:20] to their work in government and [19:21] changing and just joining [19:26] the moment that is offered to a [19:27] will have a full one whole year [19:28] with the snake still going Hey [19:31] Joy I'm that and then 31 days [19:35] and you go oh by the way thank [19:36] you Mayor Gloria. [19:36] Council PRESIDENT Pro Tem Lee [19:40] and DR. Campbell council member [19:43] on that number 30 item and on [19:44] 31. [19:44] Thank you, Mayor Gloria. [19:45] Thank you Again, Council [19:48] PRESIDENT Pro tem the DR. [19:49] Campbell excuse me I think it's [19:56] kind of shoot me. [19:56] Council member in Councilmember [19:57] Elizabeth I So thank you. [19:58] Thank you. [19:59] So city of San Diego Lunar New [20:03] Year we know it's a it's a [20:03] great week and I know there's [20:04] so many events offered to us so [20:07] everybody can have a chance to [20:08] participate And I love [20:12] participating in downtown is [20:13] very robust in the celebration [20:17] So thank you for offering that [20:18] whole week to us And that took [20:22] advantage of it In these times [20:23] which can be challenging we [20:28] need to celebrate And so that's [20:28] my vote. [20:32] One council member Moreno All [20:33] here of color all day I want to [20:36] tell you thank you for that. [20:37] Every time I hear you speak at [20:41] city council it's a roar and it [20:42] just is just who you are. [20:46] And I thank you. [20:47] Thank you so much for being [20:47] present. [20:48] There is city council and I [20:51] love your and I want to [20:52] recommend to the public that [20:53] every day if you need to [20:57] activate your roar listening to [21:01] Katy Perry on YouTube when she [21:05] sees her song war and so I love [21:06] these proclamations at [21:07] the beginning PRESIDENT My cava [21:11] and thank you and love you all [21:11] Thank you. [21:12] >> Next is Blair Beekman your [21:14] final speaker for proclamations [21:20] If you can please unmute. [21:21] Hi Thank you Blair Big Ben I [21:23] want to speak on items 30 and [21:24] 31. [21:24] >> We'll have two minutes. [21:27] Please proceed. [21:28] Okay. [21:28] Thank you. [21:29] Hi Beekman Thanks a lot for [21:32] these items and for the public [21:33] Speakers earlier today are [21:37] speaking on them earlier this [21:37] morning. [21:38] I have just returned from [21:41] traveling to Southeast Asia for [21:42] the first time and it's in a [21:45] way my life is like 55 years [21:46] old kind of complete now. [21:51] It's a nice feeling and now [21:51] it's a matter of just working [21:52] towards next goals of life. [21:55] You know, what do I want to go [21:55] from here? [21:59] And so my life has been I've I [22:00] have major accomplishment in [22:01] traveling to Southeast Asia in [22:05] my life But it's a very [22:05] grateful feeling. [22:09] Good luck in continued work. [22:10] It was really nice to hear [22:10] that. [22:11] Well, we have really important [22:14] work to do about inviting [22:15] inclusivity about in [22:18] considering a care for all [22:19] human beings in how we work [22:24] within a society good luck how [22:24] we can continue to do that And [22:25] it's really difficult time and [22:29] I hope we can do it. [22:30] It's going to be a tough four [22:32] years and good luck how we just [22:37] work on we are we are of one [22:37] world and we need to [22:38] acknowledge that more than what [22:42] the current administration I [22:43] can just their minds can handle [22:46] They cannot handle concepts [22:47] that it can be okay to call a [22:52] place the Gulf of Mexico. [22:52] That's hard to take because [22:53] look how we work on that and we [22:56] can continue to call it [22:56] the Gulf of Mexico. [23:01] With that said, I also wanted [23:02] to thank the Laotian community. [23:06] I'm not saying that Laotian [23:07] community hopefully that kind [23:10] of saying it up in District six [23:11] They have they had a moon [23:15] festival I guess they're very [23:16] popular or they have festivals [23:16] anyway I don't know what [23:20] festival what so popular I [23:21] couldn't get a ticket to get in [23:24] last year and I hope they can [23:25] work in upcoming years for [23:25] their festival that has a [23:29] really good culinary vaccine to [23:34] it that it can be open More [23:34] time has concluded. [23:35] >> Thank you for that and that [23:38] concludes proclamation. [23:43] Public comment All right. [23:44] Thank you everybody that spoke [23:44] we don't usually get that kind [23:48] of enthusiasm among chambers So [23:49] I appreciate what you did And [23:52] just we don't normally allow [23:52] that much applause but when [23:53] the items are proclamations and [23:57] ceremonial, I think it's well [23:58] deserved. [23:58] So thank you all for your [24:02] enthusiasm and sharing it. [24:03] So with that I'll now turn this [24:04] over to my council member of [24:04] questions and comments and a [24:06] motion and we'll start out with [24:11] council member Campbell Thank [24:11] you so much. [24:16] I would like to have time to [24:20] remark on three of the parks. [24:24] First of all proc 32 this is [24:28] Officer Cirillo day. [24:29] I want to thank my colleagues [24:29] Mayor Gloria Councilmember [24:33] Whitburn, Councilmember campo [24:37] for joining me in proclaiming [24:38] JANUARY 28th 2025 to be Officer [24:39] Cirillo de where is there he [24:39] is. [24:46] Hey, Officer David Cirillo is [24:50] retiring from the city after a [24:51] remarkable 24 years in his [24:55] career in the San Diego police [24:55] Department. [24:56] Officer Cirillo started his [24:59] career back in 2000. [25:00] One has been working with [25:03] Western Division since 2002. [25:04] In 2008 he was assigned to be [25:08] community relations officer at [25:09] the Western Division, a role he [25:14] held for 17 years. [25:14] It's remarkable assisting [25:18] the community and improving [25:19] relationships and connections [25:22] between pd and the residents of [25:23] our city officers. [25:24] Cirillo has passionately served [25:27] the residents of the peninsula [25:28] and Old Town and District two [25:29] where he provided first class [25:33] constituents services at all [25:33] times. [25:34] Officer Cirillo, I want to [25:38] thank you from my heart for [25:38] your years of service for [25:43] always working so closely with [25:43] my staff and I. [25:44] It has been such a delight to [25:47] work with you. [25:48] Your professionalism and [25:49] diligence when working with our [25:52] community is something that our [25:52] office has appreciated [25:57] tremendously. [25:57] My chief of staff community [26:00] reps and all of us think very [26:01] highly of you and we will MISS [26:02] You. [26:05] Please don't be a stranger [26:06] again On behalf of District two [26:11] residents and my staff and I, [26:11] we thank you so much for all [26:12] the great work you've done all [26:15] your years of service to our [26:16] city and we wish you and your [26:20] loved ones much Relax and [26:20] happiness with your retirement [26:21] time. [26:23] Thank you so much for being so [26:33] great. [26:38] Next I would like to make some [26:38] remarks about the European Cake [26:39] Gallery. [26:42] This is I want to congratulate [26:43] the European Cake Gallery in [26:46] Point Loma because they have [26:47] their 50th anniversary this [26:47] month. [26:47] I know many of you have [26:51] probably eaten the good things [26:52] from there. [26:52] It's been a staple in the Point [26:55] Loma community since 1975 when [26:56] it was opened by its owner [27:00] Steven Ruzicka. [27:01] They sell many classic pastries [27:01] German chocolate cake, apple [27:05] strudel and Steven Specialty a [27:06] Swiss Black forest cake filled [27:10] with Now don't get too loud [27:13] about this but I know I did [27:14] when I first heard it filled [27:15] with chocolate mousse and [27:18] whipped cream. [27:19] What could be better? [27:20] San Diego has so many wonderful [27:23] small businesses that are [27:24] the backbone of our local [27:27] economy provide jobs for [27:28] residents and I am so happy to [27:29] see the European Cake Gallery [27:32] has been thriving in our [27:33] district too for so long. [27:34] Congratulations to Steven and [27:37] the European Cake Gallery team [27:38] for reaching this incredible [27:42] milestone in their history. [27:47] And last but not least this is [27:48] the year of the snake and this [27:51] year's the 20th anniversary [27:52] The Vietnamese-American Youth [27:55] Alliance's Tet Festival [27:56] the annual celebration of [27:56] the Vietnamese New Year. [28:00] This year's celebration will be [28:01] held in District two at ntc [28:05] Liberty Station from JANUARY [28:06] 31st to FEBRUARY 2nd three day [28:06] celebration of the New Year [28:10] with traditional Vietnamese [28:11] food performances and cultural [28:15] practices such as exchanging [28:18] lucky red envelopes with loved [28:19] ones. [28:19] 2025 is the year of the Snake [28:20] and our understanding in [28:23] the Vietnamese culture snakes [28:24] are associated with [28:28] intelligence and transformation [28:28] . [28:29] I want to wish everyone a happy [28:33] Vietnamese New Year happy lunar [28:34] New Year to everyone who [28:34] celebrates. [28:35] I hope everyone is able to [28:38] leave behind all the troubles [28:39] of last year just like a snake [28:43] sheds its skin and welcome new [28:43] beginnings in the New year. [28:44] Thank you so much. [28:49] Council PRESIDENT All right [28:49] Thank you Gautham or Gamble. [28:52] I'll go next to Councilmember [28:53] Moreno. [28:53] >> Thank you. [28:54] And first and foremost I'm [28:55] happy to make a motion to [28:58] accept all the proclamations [29:01] and I have comments on item 30 [29:02] 3132 and that's 5a1. [29:06] I'll begin with comments on [29:07] item as 5a1 Women of color raw [29:11] day Today I join Council member [29:15] Foster in proclaiming FEBRUARY [29:16] 1st 2025 to be Women of Color [29:20] War day in the city of San [29:20] Diego. [29:21] This proclamation celebrates an [29:25] organization that has made a [29:25] significant impact on our [29:26] community by uplifting [29:30] the voices achievements and [29:30] aspirations of women of color. [29:34] Founded in 2018 by Angela de [29:38] Joseph Women of Color Raw grew [29:39] from a deep recognition of [29:39] the underrepresentation of [29:43] women of color in politics and [29:44] public service. [29:48] Misty Josephs vision and [29:49] dedication led to the stablish [29:49] ment of a platform that not [29:53] only celebrates black and brown [29:54] elected officials but also [29:57] inspires the next generation of [29:58] leaders to pursue careers in [30:02] public service. [30:03] Through events like the annual [30:04] Women of Color Raw Breakfast [30:07] and the newly established [30:07] Leadership Academy, this [30:08] organization empowers young [30:12] women from historically [30:12] underserved communities. [30:13] It provides them with life [30:17] skills, career development [30:18] opportunities and civic [30:19] engagement training ensuring [30:22] that they are well equipped to [30:23] shape the future of our city [30:23] and beyond. [30:27] Each year women of women of [30:28] color roar make makes it a [30:32] priority to include young [30:33] voices by sponsoring over 500 [30:37] high school and college aged [30:38] women to attend the annual [30:38] breakfast. [30:39] These events give young women [30:41] the opportunity to connect with [30:42] successful community leaders, [30:43] engage with public officials [30:47] and envision their own future [30:47] as changemakers. [30:51] In addition, the Women of Color [30:52] Raw Breakfast is a platform [30:56] platform for showcasing [30:57] positive achievements in our [30:57] community where high ranking [31:01] officials and community members [31:02] come together to honor [31:02] the strength, resilience and [31:06] remarkable contributions of [31:07] black and brown people. [31:11] Today we acknowledge that [31:12] the strength and leadership of [31:13] women women of color have been [31:17] a cornerstone in shaping not [31:17] only our local communities but [31:21] also our nation as a whole. [31:22] Let us celebrate [31:23] the visionaries, leadership and [31:26] change agents who inspired all [31:26] of us and commit to supporting [31:30] the next generation of women [31:31] leaders who will continue to [31:32] make our city and our whole [31:32] world a better place. [31:36] It is with immense pride that I [31:37] ask this Council to join [31:37] Councilmember Knight in [31:41] officially proclaiming FEBRUARY [31:46] 1st, 2025 as women of color [31:47] Fraud Day in the city of San [31:47] Diego. [31:47] Thank you for that. [31:51] Moving on to item number 32. [31:52] I would like to congratulate [31:56] and thank Officer Cirillo on [31:56] his retirement. [32:00] Thank you for your commitment [32:00] to the city of San Diego but [32:05] also to the folks in all of San [32:05] Diego. [32:06] I hear every day is Saturday [32:09] now moving forward So [32:10] congratulations on that. [32:14] I'd also like to comment on [32:14] item 30 and 31 which recognizes [32:18] San Diego Lunar New Year week [32:18] and the Year of the Snake. [32:23] I want to say I wish all San [32:23] Diegans a happy lunar New Year [32:24] And MAY Harmony bring you and [32:28] your family wealth, prosperity [32:28] and happiness. [32:33] That concludes my comments. [32:33] >> Council PRESIDENT. [32:34] Thank you. [32:34] All right. [32:35] Thank you. [32:36] So we have a motion to move [32:38] the proclamation and now we'll [32:39] go to Councilmember Foster. [32:42] >> Yes, Thank you, Council [32:43] PRESIDENT. [32:43] I'd like to comment briefly on [32:50] item 31 and item as 5a1. [32:55] Thank you to Mayor Todd Gloria [32:56] Council PRESIDENT Pro Tem Ken [33:00] Lee Council members Raul Campo [33:01] and Councilmember Shawn Isla [33:02] Rivera for bringing the Lunar [33:05] New Year week Proclamation [33:05] forward. [33:06] The proclamation brings [33:07] awareness and promotes mutual [33:10] respect for our Asian [33:11] communities in San Diego and [33:12] the communities where I serve [33:14] in District four. [33:14] On Friday along with the mayor [33:15] and Council PRESIDENT Pro Tem [33:19] Ken Lee, I attended the Asian [33:19] Business Association Foundation [33:20] Lunar Year Celebration. [33:24] I was honored to celebrate [33:24] Lunar New Year by feeding [33:25] the Dragons. [33:27] Let us during the Lion Dance [33:28] symbolizing prosperity and good [33:32] fortune for the year ahead. [33:33] Thank you to the aba for this [33:34] wonderful opportunity to [33:37] participate in this moment. [33:38] I want to wish everyone a happy [33:42] lunar New Year. [33:43] And that concludes my comments [33:44] for the item. [33:48] Also in regards to women of [33:48] color Broadway thank you to my [33:52] colleague Councilmember Vivian [33:53] Moreno as we proclaim Women of [33:57] Color Day in the city of San [33:57] Diego. [33:58] Thank you to the founder of [34:02] Roar Angela Joseph for being a [34:02] guiding light for women of [34:03] color in our region. [34:07] Roar is truly rooted in [34:07] resilience. [34:08] Raw champions, women of color [34:11] and their pursuit of civic [34:11] engagement and careers in [34:12] public service. [34:15] The District for office has [34:16] long supported the Women of [34:17] Color War organization. [34:21] I am proud to say District four [34:22] where I serve is home to some [34:25] of today's most incredible [34:26] elected officials. [34:27] Secretary of State DR. Shirley [34:32] Weber Assemblyman Member DR. [34:32] Lee Shay Sharp Collins Senator [34:36] DR. Akeelah Weber Pierson and [34:36] Supervisor Monica McEnery Stepp [34:41] all of which live in District [34:41] four. [34:42] Congratulations on your [34:42] milestone. [34:45] The seventh Annual 2025 Women [34:47] of Color War Breakfast [34:48] happening FEBRUARY 1st right on [34:49] time to kick off Black History [34:49] Month. [34:53] A lot of hard work goes into [34:54] pulling off an event like this [34:58] year after year. [34:58] Keep shining and keep roaring. [34:59] You are making history. [35:02] And that concludes my comments. [35:03] Thank you. [35:03] I'm going to take that as a [35:04] second. [35:04] Yes, sir. [35:07] Thank you, sir. [35:08] And with that we'll go to [35:09] council member Whitburn. [35:09] Thank you very much. [35:10] Council PRESIDENT [35:12] Congratulations to everybody [35:13] who is being recognized with [35:13] proclamations this morning. [35:17] I want to welcome everybody [35:18] here and everybody watching who [35:18] are celebrating Lunar New Year [35:22] and the year of the snake. [35:23] Thank you to each of you who [35:26] spoke about how important these [35:27] celebrations are not only to [35:28] you but to everybody in our [35:31] city all the people who value [35:32] everyone who makes San Diego [35:36] the great city that it is. [35:37] I thought many of your comments [35:38] were really poignant this [35:38] morning and I am proud that [35:41] downtown and the international [35:42] cottages in Balboa Park are an [35:46] important part of [35:47] the celebrations that are [35:47] coming up. [35:48] I also want to thank Officer [35:51] David Cirillo for his many, [35:52] many years of public service [35:52] and congratulate him on his [35:56] retirement from the San Diego [35:57] Police Department. [35:57] Officers Cirillo, as we heard, [36:01] has spent many years of his [36:02] career as a community police [36:04] officer in District three. [36:05] You have been so responsive to [36:09] the residents, the community [36:10] groups and so many people in [36:11] District three and elsewhere. [36:14] You have not only been [36:15] responsive to those concerns, [36:16] you have worked proactively [36:19] over the years to really help [36:22] the residents in in District [36:22] three. [36:23] When I heard that you were [36:26] retiring, the first thought [36:27] that came to mind is how is [36:28] that even possible? [36:29] But then it occurred to me that [36:32] I have known you for at least [36:32] 17 of the years that you have [36:33] been in that role. [36:37] Which makes us both feel older [36:37] than either one of us would [36:38] want to feel. [36:41] But I. [36:42] I guess it's about that time [36:46] you have shown such dedication [36:47] as a public servant over all of [36:48] those years and work closely [36:52] with our city council staff to [36:52] address the needs of [36:53] the community. [36:53] You are an institution in [36:56] district three and you will be [36:56] greatly missed. [36:57] >> Thank you for your service [36:57] sir. [37:01] All right. [37:01] >> Thank you. [37:02] And we'll go next to [37:06] Councilmember Vaughn Walker. [37:06] Thank you very much. [37:07] And officers Will I'm going to [37:11] invite you to come up and use [37:11] of my time if you would like to [37:12] say anything. [37:12] Put you on the spot. [37:13] Of course. [37:15] And while you're coming up, I [37:16] want to say congratulations [37:16] again to all of my colleagues [37:20] for such great proclamations as [37:20] usual. [37:21] I'll end on yours, sir, but [37:24] please come on up first for [37:25] Lunar New Year, week and week [37:26] of the Snake. [37:26] I'm so thrilled that you all [37:27] are here. [37:29] Natasha the great fantastic [37:30] residents are five and I heard [37:31] all about the celebration this [37:34] weekend. [37:35] Thank you for your service on [37:35] the Commission on the Status of [37:36] Women as well. [37:38] I'm very excited for [37:39] the celebration. [37:40] It's something that we need to [37:40] highlight even more every year [37:41] And thank you for sharing [37:44] the history that your family [37:45] has contributed to San Diego. [37:48] I'm also very excited for [37:49] the woman of color of your day. [37:50] Thank you to my colleague [37:50] Councilmember Ramo for bringing [37:53] this forward. [37:54] And Councilmember Foster, it is [37:54] so important to create [37:55] opportunities to empower [37:58] especially young girls and [37:59] women of color to find their [38:00] footing here in the world and [38:03] step into leadership roles and [38:04] become our change makers. [38:04] So I'm very excited for [38:08] the women of color Breakfast [38:08] and Leadership Academy to [38:09] provide invaluable experiences [38:13] to equip young women with [38:13] skills in civic engagement, [38:14] engagement training and career [38:19] development and finally [38:19] officers Well I'm not thrilled [38:20] you're retiring for this city [38:22] but I'm thrilled for you. [38:23] Thank you for your incredible [38:24] service to our police [38:24] department. [38:28] Your role is one of the most [38:28] important roles because you [38:29] help build trust with our [38:32] community and you are the face [38:33] of the police department to so [38:33] many people who have questions [38:36] and have concerns and want to [38:36] report crimes. [38:37] >> So this is going to be one [38:38] of the first of many [38:41] retirements unfortunately [38:42] coming up with our police and [38:42] firefighters. [38:43] I'm trying to figure out how to [38:44] pass a law to prevent you from [38:47] retiring but I haven't figured [38:47] that out yet. [38:48] So please call me up If you'd [38:49] like to say anything, please [38:51] use my time. [38:52] >> Thank you very much. [38:57] I won't speak long. [38:57] i'm Irish, Italian and usually [38:58] I do And a lot of people know [38:58] me. [38:59] No, that's true. [39:01] I appreciate saints for coming [39:01] to see me off today. [39:02] I know that's not what you're [39:06] really doing here but my son [39:06] graduated last year from Saints [39:10] so I relate to you guys and [39:11] your teachers trying to keep [39:12] you guys in line today to [39:14] the community that's here today [39:15] representing the new year. [39:16] Thank you very much for [39:16] everything that you do making [39:19] sure that your culture is [39:20] shared with out throughout [39:20] the city. [39:21] To the city council. [39:25] I thank you all for allowing me [39:25] to serve the city. [39:26] I appreciate it so much. [39:30] My goal has always been never [39:30] to be about me but about [39:31] the people that I serve and [39:34] that includes the people, [39:35] the citizens and then [39:36] partnerships that I had with [39:36] the city council members and [39:40] the city council staff and [39:40] the mayor and the mayor's [39:41] staff. [39:41] So over those years I've seen a [39:44] lot of people come and go and [39:48] built long relationships with a [39:49] lot of the different people [39:49] here. [39:50] So thank you all for what you [39:51] guys are doing. [39:51] I truly believe this is [39:54] the finest city in America. [39:58] I think that our department is [39:59] heads and shoulders over any [40:00] other department in this nation [40:00] Whenever there's trouble [40:04] throughout this country I feel [40:05] as if that is not how we would [40:08] behave When I see some of [40:08] the things that are negative [40:09] that happen And I think that's [40:10] because of our leadership and I [40:13] appreciate our chief wall who's [40:14] taking us in a new direction [40:15] and all the support staff that [40:18] he has. [40:18] I appreciate the City council [40:19] for allowing our police [40:22] department to go out into [40:23] the communities and build those [40:24] bridges. [40:26] And I appreciate every one of [40:26] you in every one of your [40:27] communities knowing that you [40:28] guys go out there every day [40:31] trying to better our community [40:31] for the citizens. [40:32] I know at times people don't [40:37] always see eye to eye on issues [40:37] but that's part of [40:38] the discussion and that's how [40:39] we we build bridges and we work [40:39] together. [40:41] So I sincerely want to thank [40:42] City Council for all of you in [40:43] all of your different [40:46] communities and how you guys [40:47] fight for your people And [40:48] that's how I so I try to do it [40:50] for Western Division. [40:51] I tried to fight for [40:51] the citizens and make sure that [40:52] they were heard and help them [40:55] because together we can [40:56] continue to keep this city San [40:56] Diego the finest city in [41:00] America. [41:01] I think that we hold the bar [41:02] extremely high for other cities [41:05] to try to live up to and that [41:06] means our citizens, our police [41:07] department, our city staff and [41:10] our elected officials. [41:11] And I think that when we go out [41:12] to other cities we're able to [41:12] say well, why can't you be more [41:14] like us? [41:15] And while we're doing that [41:16] we're always trying to push [41:16] that bar higher. [41:18] So I appreciate you guys. [41:19] >> Thank you all very much. [41:42] Thank you. [41:48] Yeah. [41:48] And we'll go next to [41:49] Councilmember Ila Rivera. [41:49] Thank you. [41:51] Council PRESIDENT. [41:52] I want to thank my colleagues [41:57] for all the proclamations that [41:57] are brought forward today and [42:01] definitely thank the community [42:02] for showing up in the way that [42:03] you you have this morning. [42:06] Just I'm going to actually seat [42:07] as much time as possible to [42:07] council member Lee or Council [42:11] PRESIDENT Pro Tem Lee so that [42:11] he can share that with [42:12] the community. [42:12] I want to say thank you again [42:16] to the community for showing [42:16] up. [42:17] I want to say thank you to [42:19] the to the little Saigon [42:20] Foundation for inviting me to [42:25] attend their Lunar New Year and [42:25] Little Saigon Foundation Tet [42:30] Festival on Saturday. [42:30] As always that was a fantastic [42:31] event. [42:35] Great to see community Bravo. [42:35] It was actually like [42:36] legitimately cold weather not [42:39] just San Diego Cold but braved [42:39] the cold weather to be out [42:43] there And it's especially [42:44] reflected on some of [42:45] the comments made in public [42:48] comment and having that [42:49] festival in City Heights is [42:50] especially powerful because we [42:53] see such a great mix of [42:53] different cultures and [42:58] backgrounds and folks who came [42:58] to the same community from [43:02] different places But for [43:03] the same reason and for many of [43:04] the same reasons I should say [43:07] and have have built a really, [43:07] really strong community and [43:12] watching especially young ones [43:12] explore different culture and [43:17] heritage and food with one [43:17] another in this celebratory [43:18] environment is just really [43:21] powerful. [43:22] And I think again speaking to [43:26] what I heard this morning is [43:27] really is a great reflection of [43:27] what makes San Diego most [43:31] important. [43:32] Karen you're absolutely right. [43:32] It's not the beaches. [43:33] It's not the sunsets. [43:36] It's our people. [43:37] And and these celebrations are [43:41] a great way of reminding us [43:41] that. [43:42] So thank you for that. [43:45] And with that I will see [43:46] the remainder of my time to [43:47] council PRESIDENT Pro Tem Lee [43:50] All right Thank you With next [43:51] we'll go to Councilmember Campo [43:52] Thank you council PRESIDENT And [43:53] thank you to my colleagues for [43:55] this great set of [43:55] proclamations. [43:56] Of course wishing everyone [43:59] happy Lunar New Year And my [44:00] staff and I will be out at [44:01] the Linda Vista Farmer's Market [44:02] for the Lunar New Year [44:04] celebration this Thursday [44:05] between 2 and 7 P.M. At [44:06] the Linda Vista Shopping Center [44:06] and I look forward to seeing [44:09] many of you there though I am [44:10] sad that we probably won't see [44:14] officers there Willow there [44:14] being a crew for Linda Vista [44:18] parts of Mission Valley for so [44:18] so long. [44:19] I want to build off [44:20] the comments that my colleagues [44:23] and that you said for yourself, [44:24] sir but we're deeply going to [44:25] MISS You and know that the face [44:27] of trust of with the public is [44:28] almost always the first [44:29] interaction someone has with [44:32] their crew. [44:33] So for the good things people [44:34] think about our local [44:34] government it starts with [44:38] people in your role and you [44:38] specifically for the last [44:39] several decades for 24 years. [44:42] So thank you very much And I [44:43] salute you And that concludes [44:43] my comments. [44:44] >> Council PRESIDENT All right. [44:45] Thank you. [44:48] And Council PRESIDENT Pro Tem, [44:48] I understand you're ceding your [44:49] time for the special [44:49] performance or do you want to [44:53] speak now? [44:53] Okay. [44:54] You know, I was going to hold [44:57] just to be the last deleted [44:58] the performance. [44:58] >> Okay. [44:59] I think I'm going to be [45:02] the last I'll be now and then [45:02] we'll go to you. [45:06] Okay. [45:07] Thank you to my colleagues for [45:08] all the proclamations and [45:09] congratulations those being [45:11] honored a special shout out for [45:12] the recognition of the year [45:13] the snake in the Lunar New Year [45:16] and to have celebrated on [45:16] Saturday night and then again [45:17] this morning and embraced by [45:20] the joy and the resilience of [45:21] the Chinese and Asian [45:22] communities just makes this [45:22] year's celebration so much [45:23] sweeter. [45:25] Happiness, health and [45:26] prosperity to all who [45:26] celebrate. [45:27] I'll echo the comments of my [45:31] colleagues for Officer David [45:31] Cyril on your retirement clear [45:35] that you brought passion and [45:35] outstanding service to [45:36] the community she served and I [45:37] thank you for your 24 years of [45:40] outstanding service and [45:43] dedication to the Department [45:44] And item 33 which is the 70th [45:45] anniversary of the La Hoya [45:48] Symphony and chorus it's a [45:48] nonprofit and proud affiliate [45:49] with the University of [45:52] California San Diego [45:53] celebrating 70 years of musical [45:54] performances. [45:58] This milestone reflects [45:58] the commitment and innovation [45:59] that are brought to [45:59] the community through both [46:03] music and education. [46:03] Their engagement with youth has [46:04] made classical and contemporary [46:05] music more accessible as they [46:08] celebrate diverse musical [46:08] traditions. [46:09] Congratulations on 70 years and [46:12] many more to come. [46:13] And with I'll turn it over to [46:13] you sir. [46:17] Council PRESIDENT Or do we want [46:18] to take the vote and then you [46:19] can introduce the performance? [46:19] >> I can I can start okay. [46:22] And then we'll go from there. [46:22] Thank you. [46:23] Council PRESIDENT. [46:24] It's certainly now my privilege [46:24] to be joined by many of my [46:28] colleagues and the mayor to [46:28] bring forth items 30 and 31 San [46:32] Diego Lunar New Year Week and [46:32] the Year of the Snake here in [46:33] San Diego. [46:36] Starting tomorrow JANUARY 29th [46:37] we are excited to ring in a new [46:40] year with a new Zodiac animal. [46:41] And as a day that is celebrated [46:42] by over 2 billion people [46:45] annually, the Lunar New Year is [46:46] especially important to many of [46:50] our local Asian communities in [46:51] the state of California. [46:51] Lunar New Year was actually [46:52] recognized as an official [46:55] holiday just a few years ago. [46:56] And in San Diego we know that [46:57] Lunar New Year has been [46:57] celebrated by well over a [47:00] century beginning in the 1800s [47:01] when Santiago's first Asian [47:01] communities developed for many [47:04] families including mine, this [47:05] holiday is a sacred time to [47:06] reunite with loved ones to [47:10] feast, to wish for health and [47:10] prosperity and to engage in [47:11] traditions everything from lion [47:15] dancing to the gifting of lucky [47:15] red envelopes a tradition we'll [47:16] practice ourselves here in [47:19] the council chambers in just a [47:20] few minutes. [47:20] In addition, many of our [47:23] nonprofits small businesses and [47:24] community leaders help to [47:24] organize and support local [47:28] Lunar New Year festivals [47:29] throughout our region. [47:29] And as you've heard from many [47:30] of the speakers, these are [47:33] festivals and celebrations that [47:34] help to spotlight and enrich [47:34] our city as a whole. [47:35] And my office is certainly [47:39] privileged to partake in many [47:39] of these festivals each year. [47:40] And this morning I think we're [47:43] honored to be able to return [47:44] the favor by having many of [47:45] those aapi leaders here at City [47:45] Hall. [47:48] I like to take a moment to [47:49] recognize those folks who have [47:49] joined us today. [47:53] We have California Apia [47:53] Commissioner Matt Cooper Gay [47:54] and Human Relations [47:55] Commissioner Professor Swoosh [47:58] Alex and Lauren who are [47:59] the co-chairs of the San Diego [47:59] api Coalition. [48:03] Natasha, David, Lily, Cassandra [48:04] and Ernie from the House of [48:04] China and the Chinese School of [48:08] San Diego which you heard held [48:09] their annual gala just this [48:09] last weekend. [48:11] But the House of Chan will also [48:12] be hosting their Chinese New [48:13] Year Fair FEBRUARY 15th and [48:16] 16th in Balboa Park. [48:17] Kathleen, Jacinta and Lauren [48:18] with the Chinese Consolidated [48:22] Benevolent Association that [48:22] hosts the Chinese New Year Fair [48:23] FEBRUARY 8th and ninth in [48:27] downtown off Third and j. [48:28] Ellen and Kendra from [48:28] the Vietnamese American Youth [48:31] Alliance and MISS Vietnam San [48:31] Diego who will be hosting their [48:32] ted Festival this weekend in [48:36] Liberty Station, the Little [48:37] Saigon Foundation who as you [48:37] heard from Councilmember Isla [48:40] Rivera hosted their festival [48:40] this past weekend in City [48:41] Heights. [48:41] As you can now tell, Lunar New [48:45] Year is celebrated not just [48:46] this month but next month for [48:46] weeks at a time. [48:50] The Little Saigon Foundation [48:51] will just recognize them. [48:51] Commissioner Dizzy Dewan from [48:55] our arts and Culture Commission [48:56] which will be reappointing [48:59] later this morning and is [49:00] the first appointed Vietnamese [49:01] to send congratulations Dizzy [49:04] learn from the Vietnamese [49:04] Federation of San Diego. [49:05] Sean we know you're back there [49:06] somewhere representing Viet [49:10] Voices and Hui from Pacific [49:10] Arts Movement and the host of [49:14] our integration Film Festival [49:15] Bobby and Peter from Lao San [49:15] Diego. [49:21] Louis Nguyen who shared that [49:21] he's the new ceo of Stacy [49:22] Naidoo as of this month. [49:24] Congratulations Louie. [49:25] i believe we even have team [49:26] members that are here from [49:28] Cross Creek chicken in convoy [49:29] representing And then finally [49:29] you're going to meet soon [49:33] the lucky line dancers Who are [49:34] the oldest line dance troupe in [49:34] San Diego Leah Rizzo, Annie [49:39] David John Kathleen. [49:39] And San Diego Police officer [49:43] Jonathan Lowe, our performers [49:44] who will be performing the Lion [49:44] Dance. [49:45] And thank you for the countless [49:48] line dances that you perform [49:49] throughout the month. [49:50] And of course shout out to all [49:53] the snakes who are in the room [49:54] today and to all the snakes who [49:57] know who will be born later [49:58] this year Specifically this [49:58] year is the year of the wood [49:59] snake. [50:02] And these are creatures who are [50:03] celebrated for their charm, [50:03] creativity and sharpness as [50:07] well as their ability to shed [50:08] their own skin symbolizing [50:09] transformation and renewal. [50:12] I'll give a special shout out [50:12] to the snakes in my District [50:13] six office as well. [50:17] Gretchen, Ana and Joe. [50:17] And thank you to Laurie from [50:21] Oscar t imports for providing [50:22] these beautiful snake themed [50:23] envelopes for the city council [50:23] today. [50:26] So thank you again to all those [50:27] who are coming out here to [50:27] celebrate with your elected [50:30] officials and the city. [50:31] I'll close out by officially [50:32] proclaiming in our city [50:34] the weeks of JANUARY 29th [50:35] through the Lantern Festival [50:36] day of FEBRUARY 12th to be San [50:39] Diego Lunar New Year Week. [50:40] And then by proclaiming [50:41] the entire year of January [50:43] 29th, 2025 through FEBRUARY [50:43] 16th 2026 to be the year of [50:48] the snake throughout the city [50:48] of San Diego. [50:48] Happy New Year! [50:55] Chuck Monomoy sending flock to [50:56] be seen in quite a company that [50:57] I thank you council PRESIDENT [50:58] And my colleagues for the time [50:58] and I'll turn to you to go [51:02] ahead and call the roll and I [51:02] believe after that will go [51:03] ahead And welcome to the lines. [51:03] >> All right. [51:04] Thank you, sir. [51:06] So we have a motion by [51:07] COUNCILMAN Moreno and a second [51:08] by Councilmember Foster to [51:09] adopt all the proclamations. [51:15] >> Clerk please call the roll. [51:15] I started the voting system. [51:16] Please cast your vote And that [51:19] passes unanimously 9 to 0. [51:20] >> Well, in addition, any [51:20] introduction you might want to [51:24] do, sir, we will have a special [51:25] performance of the Lucky Lion [51:28] Dancers followed by photos for [51:29] the Lunar New Year and then [51:33] also Officer David Solo. [51:34] >> So do you want to do any [51:38] special introductions now We'll [51:39] turn it over to the local [51:39] dancers. [51:39] >> All right. [51:43] You haven't seen like Eli and [51:43] the dancers you're going to get [52:24] a real treat [54:25] this [58:11] was all [58:49] about [59:03] I don't have a or [59:14] the shot. [59:47] Yeah, you're going to have I [1:00:01] Have you been You know I got [1:00:05] you your neck. [1:02:06] Yes [1:02:58] . [1:03:18] You got all right as the crowd [1:03:22] news out of chambers will get [1:03:23] on with the rest of the council [1:03:27] agenda and proceed with [1:03:28] the approval of the consent [1:03:31] items. [1:03:32] Are there any request to pull [1:03:38] an item by my council colleague [1:03:39] or not? [1:03:40] Did you want to pull an item? [1:03:40] Okay. [1:03:43] So first we'll start out with [1:03:43] public comment. [1:03:47] Clerk Please proceed. [1:03:48] Thank you. [1:03:51] Council PRESIDENT Please note [1:03:52] each speaker will have one [1:03:53] minute per item per person. [1:03:55] If you would like to speak on [1:03:56] three or more items you will [1:03:56] have a maximum of three [1:03:57] minutes. [1:04:00] The consent agenda includes [1:04:02] items 1053 52 103 107 and s504 [1:04:03] we did not receive any comments [1:04:08] on items in the via the e [1:04:08] comment portal. [1:04:09] Also let me note for the record [1:04:13] the potential appointments and [1:04:14] re appointments that are on [1:04:14] the agenda this morning. [1:04:15] I don't want to two is [1:04:15] the potential appointment of [1:04:18] Christopher Lipski and [1:04:19] reappointment of DR. Alberto [1:04:22] Lopez Pulido, Dennis Dunn Fritz [1:04:23] Friedman and Lee and Kim to [1:04:23] the Commission for Arts and [1:04:24] Cultures. [1:04:27] Item 103 is a potential [1:04:27] appointment of Schuyler [1:04:28] McCarran to the Funds [1:04:29] Commission I don't want to is a [1:04:31] potential appointment of John [1:04:32] Akira to the Human Relations [1:04:35] Commission I don't want to five [1:04:35] is the potential appointment of [1:04:36] Eric Christian Gomez to [1:04:36] the small advisory small [1:04:40] Business Advisory Board Item [1:04:41] 106 is the potential [1:04:41] reappointment of Giovanni [1:04:44] Ingoglia to the Mission Bay [1:04:44] Park Committee Item 127 is [1:04:45] the potential appointments of [1:04:46] Britton Nelson and Richard [1:04:49] Meeker Wallace to the Municipal [1:04:50] Golf Committee. [1:04:50] We have one speaker here in [1:04:55] council chambers for item 103 [1:04:55] the Honorable William and Jr if [1:04:57] you'd like to come up to [1:05:11] the microphone you'll have one [1:05:20] minute for your comments to [1:05:20] the honorable Council members I [1:05:26] come shameless slee As a father [1:05:30] for Skyler McKeown I am [1:05:31] resisting the opportunity to [1:05:35] embarrass her. [1:05:36] >> She has a passion for San [1:05:39] Diego. [1:05:40] She is a third generation San [1:05:44] Diegan. [1:05:45] One of her gifts is mercy. [1:05:49] She's always since her youth [1:05:50] had a passion for social [1:05:54] justice and helping those less [1:05:59] fortunate. [1:06:00] >> I remember her looking at me [1:06:01] with those big brown eyes [1:06:03] saying Janelle is moving to San [1:06:04] Diego and he needs a place to [1:06:08] stay. [1:06:09] He's homeless. [1:06:10] So Janelle stayed with us [1:06:13] the entire summer. [1:06:18] She has been taking care of [1:06:19] seniors for free for years [1:06:23] because she has such a tender [1:06:24] heart When she was in high [1:06:29] school that p she was the only [1:06:32] daughter who insisted that her [1:06:33] father drive her to school and [1:06:34] introduce her to all my [1:06:38] apologies or your time has [1:06:39] concluded very much vote for my [1:06:43] daughter As five minute timer [1:06:44] has started hearing council [1:06:51] chambers going to those on [1:06:51] the virtual 7968 If you can [1:06:52] please unmute and let me know [1:06:53] which item or items you wish to [1:06:56] speak to. [1:06:56] Thank you. [1:07:00] In her 20s I will be speaking [1:07:07] on item 1 or 2 excuse me 1 or 2 [1:07:12] through 107 and five All four [1:07:12] okay. [1:07:13] >> Okay You'll have three [1:07:13] minutes. [1:07:16] Please proceed. [1:07:16] >> Okay. [1:07:17] Thank you so much. [1:07:20] I'm combining 1o2 all the way [1:07:24] to Windows 7 with my comments [1:07:25] because there are all these [1:07:25] wonderful appointments for [1:07:29] appointments and so forth and I [1:07:30] really really am excited to [1:07:34] speak for this because first of [1:07:34] all thank you to three. [1:07:39] Thank you Mayor Gloria Thank [1:07:44] you Director China thank you. [1:07:44] A city attorney's office Thank [1:07:45] you City council and your [1:07:49] districts and all the people [1:07:50] all these wonderful people that [1:07:54] have come forward to take on [1:07:55] these positions Now the mayor [1:07:59] and his weekly newsletter was [1:08:00] very good about asking people [1:08:04] to serve on these commissions [1:08:04] and committees and so forth and [1:08:05] just put out a call for people [1:08:08] to do that. [1:08:09] Thank you for that. [1:08:10] Really, really appreciated your [1:08:13] outreach on that And of course [1:08:14] Director Tschida, what can we [1:08:15] say about her? [1:08:18] She's a dynamo And you know, we [1:08:23] just it's just a great [1:08:24] contribution and service and [1:08:29] thank you to all the people. [1:08:29] Let's see if I can read through [1:08:31] real quick here Excuse me Arts [1:08:37] and culture Funds Commission [1:08:37] Human Relations Business [1:08:42] Mission Bay Park Golf Community [1:08:42] I think that covers it. [1:08:47] So I'll switch to f 5 or 4. [1:08:47] Thank you. [1:08:47] Thank you. [1:08:48] Thank you. [1:08:51] Councilmember Rivera we are [1:08:52] here looking forward to [1:08:55] the select committee on Cost of [1:08:56] Living and thank you for giving [1:08:57] us that heads up about a month [1:09:00] to prepare for it because we [1:09:01] need to do our homework and be [1:09:05] ready for you and we're going [1:09:06] to have a robust conversation. [1:09:09] We're going to really looking [1:09:10] forward to hearing [1:09:10] the individual stories about [1:09:14] their cost of living situation [1:09:14] . [1:09:15] And so again it's going to be [1:09:19] robust. [1:09:20] I just have that feeling. [1:09:21] Councilmember Ito revered It's [1:09:24] a great idea. [1:09:25] Thank you for bringing it [1:09:26] forward and I look forward to [1:09:26] it. [1:09:26] So very much. [1:09:29] Love to all. [1:09:30] >> Thank you. [1:09:30] Next is Blair Beekman. [1:09:31] If you can please unmute and [1:09:39] let me know which item or items [1:09:40] Hi Pressure Beekman Item five [1:09:44] Door Calendar. [1:09:45] Okay You have one minute Please [1:09:45] proceed. [1:09:49] I hope that's the right number [1:09:50] . [1:09:50] Thank you for the legislative [1:09:52] calendar item for one minute I [1:09:57] wanted to address you talk [1:09:58] about ideas of equal [1:09:58] opportunity contacting [1:09:59] information I hope that is [1:10:03] related to you had a council [1:10:04] item a few weeks ago but they [1:10:09] were afraid State of the City [1:10:13] speech that talked about you [1:10:13] know, the future of equal pay I [1:10:14] can't quite remember it term [1:10:18] but it's a very common helpful [1:10:19] term of how we talk about our [1:10:23] you know, equal equal pay [1:10:24] issues in San Diego And that I [1:10:29] think relates to ideas like [1:10:29] the waste and that we work on [1:10:33] those part of it together. [1:10:33] Good luck in that work in [1:10:37] the coming years I was [1:10:37] interesting at the council [1:10:38] meeting a few weeks ago that [1:10:42] you talked about items related [1:10:43] to you know, what could be [1:10:47] the future of San Diego [1:10:47] immigration office again and [1:10:52] that could actually work in [1:10:52] your sorry your time has [1:10:53] concluded That does include [1:10:54] public comment on the consent [1:10:56] items. [1:10:56] >> All right. [1:10:57] Thank you everyone who spoke [1:10:57] especially the touching [1:11:01] comments by the father of one [1:11:01] of the nominees. [1:11:02] We will now go to council [1:11:05] member questions and comments [1:11:05] and entertain a motion for [1:11:06] the consent agenda and we'll [1:11:07] start with council member [1:11:07] Marino. [1:11:10] Thank you. [1:11:11] I have comments on item 102 [1:11:12] appointment and reappointment [1:11:15] to the commission for Arts and [1:11:15] Culture. [1:11:16] I'm happy to support [1:11:21] the reappointment of DR. Albert [1:11:21] Alberto Lopez Pulido to [1:11:22] the Community for Arts and [1:11:26] Culture for the District eight [1:11:27] Representative Seat DR. Pulido [1:11:30] is the founding Chair of [1:11:30] the Department of Ethnic [1:11:31] Studies at the University of [1:11:35] San Diego and has been on [1:11:36] the faculty since 2003. [1:11:40] He's active with the Chicano [1:11:41] Park Steering Committee which [1:11:41] serves as the steward of [1:11:45] Chicano Park in San Diego. [1:11:46] He's also the director of [1:11:50] the Turning Wheel Mobile [1:11:50] Classroom Project, a [1:11:51] partnership between the Chicano [1:11:55] Park Museum and Cultural Center [1:11:55] and usd that provides mobile [1:12:00] space for supporting the needs [1:12:00] and challenges of local [1:12:01] communities. [1:12:04] He's also vice chair of [1:12:04] the Chicano Park Museum and [1:12:05] Cultural Center Center's [1:12:09] Advisory Board and DR. Pulido [1:12:10] does so much for the community [1:12:15] I know I see him often out in [1:12:15] the community at community [1:12:18] events and I'm just I thank you [1:12:19] for for sharing yourself to [1:12:23] the community. [1:12:24] You certainly embody what we [1:12:28] want in our community members [1:12:29] and how we want them to be [1:12:33] active and continue to give [1:12:34] back even when they've made it [1:12:34] right. [1:12:38] So I congratulate and I've just [1:12:39] I'm so thrilled to have you [1:12:40] continue on this role on top of [1:12:42] everything you're doing [1:12:43] continue to give back to [1:12:47] the city of San Diego through [1:12:48] the Commission for Arts and [1:12:48] Culture. [1:12:52] So I thank you for that very [1:12:53] much. [1:12:55] Finally I will record a no vote [1:12:56] on item 52 and I will support [1:13:00] the balance of the consent [1:13:01] agenda. [1:13:01] >> Thank you very much and I'll [1:13:05] take that as a motion to adopt [1:13:06] . [1:13:06] Yes, except for the item 52. [1:13:08] Understood. [1:13:09] >> All right. [1:13:10] We'll go next to Councilmember [1:13:13] Campbell. [1:13:14] Thank you. [1:13:15] Council PRESIDENT, I wish to [1:13:19] speak on two of our consent [1:13:23] items and I'd like to second [1:13:23] the motion to accept our [1:13:27] consent of first of all item 1 [1:13:28] or 2. [1:13:32] I'm honored that Chris [1:13:33] Campbell's Kozlowski I know I [1:13:34] was going to do that Chris [1:13:37] Glove ski a resident of Ocean [1:13:38] Beach in our district two will [1:13:42] be appointed to the Arts and [1:13:43] Culture Commission. [1:13:46] Chris was the senior manager [1:13:47] for Arts and Community [1:13:48] Partnerships for the San Diego [1:13:51] County Regional Airport [1:13:52] Authority which has some [1:13:52] beautiful art. [1:13:55] Thank you for that Developing [1:13:56] programing with artists and [1:13:57] arts organizations in San Diego [1:14:01] And he led the creation of [1:14:01] the New Arts Master Plan and [1:14:02] worked on the development of [1:14:06] the arts programing and [1:14:07] infrastructure for our new [1:14:07] Terminal one at the airport [1:14:11] Prior to working at the Airport [1:14:12] Authority, Chris was cultural [1:14:12] affairs coordinator at the City [1:14:16] of Chicago's Department of [1:14:16] Cultural Affairs and special [1:14:21] events overseeing the program [1:14:22] of 80 music and dance concerts [1:14:26] presented on behalf of the city [1:14:26] of Chicago. [1:14:27] In addition, he sits on the San [1:14:31] Diego Regional Arts and Culture [1:14:31] Coalition Steering Committee. [1:14:35] The Obie Planning Board is a [1:14:35] registered member of [1:14:36] the American Association of [1:14:40] Composers Authors Publishers [1:14:40] and Songwriters of North [1:14:41] America And given his ample [1:14:45] experience working in the arts [1:14:46] and culture world for his [1:14:50] entire career, I support [1:14:51] the appointment of Chris Club [1:14:54] Ski to the Arts and Culture [1:14:55] Commission and I so appreciate [1:14:59] your willingness to serve And i [1:15:00] also want to give a special [1:15:01] shout out to my friend Fritz [1:15:04] Friedman who has been appointed [1:15:05] by the mayor to also serve on [1:15:09] this commission. [1:15:10] I would like to also speak on [1:15:14] item 106 and I am so honored [1:15:18] that Giovanni and Golia a [1:15:19] resident of Ocean Beach in our [1:15:19] district who is willing to be [1:15:23] reappointed to the mission Bay [1:15:23] Park Committee. [1:15:24] Giovanni is an independent [1:15:27] insurance broker and Medicare [1:15:28] covered California other [1:15:28] insurance markets. [1:15:29] He is also the owner and [1:15:33] operator of all American carpet [1:15:33] cleaning. [1:15:34] Giovanni served on the Ocean [1:15:38] Beach planning Board for eight [1:15:38] years the Obie Town Council for [1:15:39] two years. [1:15:42] There will be community plan [1:15:43] Update subcommittee and he [1:15:43] earned a Bachelor of Science in [1:15:47] Geography and Urban Planning [1:15:48] from Illinois State University [1:15:49] Professional Certificate in [1:15:52] Urban Planning from uc San [1:15:56] Diego and given his dedication [1:15:57] and overall knowledge of such [1:16:02] diverse subjects I call him [1:16:03] the Renaissance man I support [1:16:03] heartily the reappointment [1:16:07] Giovanni acknowledges to [1:16:07] the mission. [1:16:08] Bay Park Committee appreciate [1:16:12] Joe your your willingness to [1:16:12] serve again. [1:16:13] Thank you so much. [1:16:17] Thank you Counsel PRESIDENT All [1:16:17] right. [1:16:18] >> Thank you. [1:16:18] So we have a motion by [1:16:19] COUNCILMAN Marino second by [1:16:20] Councilmember Campbell Go next [1:16:22] to council member foster Oh [1:16:22] yes. [1:16:23] Thank you Council PRESIDENT And [1:16:26] i would like to just briefly [1:16:30] comment on item 1 or 3. [1:16:31] I really would just like to [1:16:34] take a moment to congratulate [1:16:34] MS.. [1:16:35] Schuyler McCarran on being [1:16:36] appointed to the Funds [1:16:38] Commission. [1:16:39] I won't spend too much time [1:16:40] going over your professional [1:16:40] achievements. [1:16:44] I think China and the mayor [1:16:48] outlined that to a great extent [1:16:48] and just want to congratulate [1:16:49] you on all the work that you [1:16:53] have invested in yourself as [1:16:58] you have accomplished what you [1:16:58] have accomplished. [1:16:59] I would like to follow up on [1:17:01] the comments from your father [1:17:02] because I think it really [1:17:07] speaks to your heart and what [1:17:07] you do in the Encanto community [1:17:12] And oftentimes you're involved [1:17:13] in the rec center in doing [1:17:13] certain things. [1:17:17] But I like to say that and [1:17:18] think of it as you are actually [1:17:22] a part of the rec center and [1:17:22] the community always there [1:17:23] working with my staff, talking [1:17:27] with Tiffany on how you can [1:17:28] bring more resources ensuring [1:17:32] that the youth are very well [1:17:32] taken care of and have [1:17:33] the amenities even when it [1:17:34] comes down to their uniforms [1:17:37] and things of that nature to [1:17:38] make sure that they are able to [1:17:42] have a facility that they have [1:17:43] a safe place, a place that they [1:17:46] can call home and enjoy [1:17:47] the community the way you have [1:17:51] and also the way that I have. [1:17:52] So just want to congratulate [1:17:53] you on your appointment and [1:17:53] look forward to working with [1:17:57] you as we continue to move [1:17:57] forward. [1:17:57] So congratulations. [1:17:58] All right. [1:18:00] Thank you, sir. [1:18:01] >> We'll go next to Council [1:18:02] PRESIDENT Pro Tem. [1:18:10] We thank of course PRESIDENT [1:18:11] Sorry for the delay here on [1:18:11] item 1 or 2. [1:18:12] Wanted to take a moment to [1:18:16] thank Commissioners Lee and Kim [1:18:16] Fritz Friedman and Dennis [1:18:17] Doogan on their appointments to [1:18:19] the Arts and Culture Commission [1:18:20] . [1:18:20] Commissioner Kim is the founder [1:18:21] of Pacific Arts Movement which [1:18:22] presents the San Diego Asian [1:18:25] Film Festival. [1:18:25] She's a former colleague and a [1:18:26] dear friend who helped put San [1:18:27] Diego on the map when it comes [1:18:29] to arts and cinema. [1:18:30] She's also a yoga instructor [1:18:31] with many students here in San [1:18:32] Diego and is actually teaching [1:18:35] a class right now which is why [1:18:35] she couldn't make it. [1:18:36] Congratulations to Leanne on [1:18:39] her reappointment. [1:18:40] Commissioner Friedman is [1:18:41] the PRESIDENT Of Fritz Friedman [1:18:41] Company and has had a long [1:18:45] career in the entertainment [1:18:45] industry as well as has been a [1:18:46] producer on several film and [1:18:47] television projects. [1:18:49] He sits in several boards and [1:18:49] was an adjunct professor at [1:18:50] the usc School of [1:18:51] Communications and Journalism [1:18:53] at usc. [1:18:54] I want to congratulate MR. [1:18:55] Friedman as well. [1:18:59] And lastly congratulations to [1:19:00] Commissioner Dennis dessi Dwan [1:19:03] who we just heard from earlier [1:19:04] on our Lunar New Year item in [1:19:04] chambers today. [1:19:07] Does he have been a pillar in [1:19:08] the community and over the past [1:19:09] year has offered invaluable [1:19:12] insight to the city and [1:19:13] the Arts and Culture [1:19:13] Commission. [1:19:14] The owner of Black Lotus [1:19:15] Tattoo, the first tattoo studio [1:19:18] on Convoy Street and [1:19:18] the founder of the Dwan [1:19:19] Foundation for the Arts, [1:19:23] the author of Memento Embracing [1:19:23] the Darkness and much, much [1:19:24] more. [1:19:24] Does he as a leader in the api [1:19:28] community support supporting [1:19:29] many of our local cultural [1:19:29] events as well as having [1:19:32] recently completed his first [1:19:32] public mural art where he [1:19:33] donated over 30 hours of his [1:19:37] time to paint a dragon Phenix [1:19:37] in the heart of the convoy [1:19:38] Asian Cultural District. [1:19:39] Thank you Commissioner, for [1:19:41] your presence here today for [1:19:42] speaking on the lunar year item [1:19:43] and to speak to the importance [1:19:46] of our culture and community [1:19:46] being represented. [1:19:47] And certainly congratulations [1:19:51] again on your appointment and [1:19:51] want to thank the many [1:19:52] commissioners who are being [1:19:53] appointed or reappointed for [1:19:56] their service to the city. [1:19:56] Thank you. [1:19:57] Council PRESIDENT. [1:19:57] Thank you, sir. [1:19:58] We'll go next to Councilmember [1:19:58] Lipman. [1:19:59] Thank you. [1:20:01] Council PRESIDENT. [1:20:02] I would like to congratulate [1:20:02] everybody who is being [1:20:03] appointed and reappointed as [1:20:06] city boards and commissions [1:20:06] today. [1:20:07] Among them, as has been [1:20:10] mentioned is District three is [1:20:11] Fritz Friedman who is being [1:20:11] reappointed to the Commission [1:20:12] for Arts and Culture where he [1:20:14] has served admirably over [1:20:15] the past several years. [1:20:16] And I too would like to [1:20:20] congratulate Chris till [1:20:21] upscaled his appointment to [1:20:21] the Commission for Arts and [1:20:22] Culture Verity organizations [1:20:24] that benefit from the work of [1:20:25] the Commissioner in my district [1:20:29] and MR. Chalabi Ski's extensive [1:20:30] experience will certainly [1:20:30] enhance the commission. [1:20:31] And I want to congratulate [1:20:33] Cristian Gomez who's being [1:20:34] appointed to the Small Business [1:20:34] Advisory Board. [1:20:35] MR. Gomez has operated [1:20:39] the Whetstone Wine Bar [1:20:40] the Baker Sell at Establishment [1:20:40] known for an adventurous wine [1:20:43] list award winning scenarios [1:20:44] and gastronomic small plates. [1:20:45] I want to thank MR. Gomez MR. [1:20:48] Chalabi ski and MR. Friedman [1:20:49] for their service to our city. [1:20:50] Thank you, Council PRESIDENT. [1:20:50] All right. [1:20:53] Thank you. [1:20:53] >> Next council member Eli [1:20:54] Rivera. [1:20:54] All right. [1:20:58] Thank you, Council PRESIDENT. [1:20:58] I'm going to just build on [1:20:59] the comments made by my [1:21:03] colleague Councilmember Foster [1:21:03] Judge Judge Karen, you [1:21:04] mentioned that your daughter [1:21:08] has Grace and that she must [1:21:08] have gotten that from you [1:21:09] because she she would not have [1:21:12] spared you the embarrassment if [1:21:13] she was talking about you just [1:21:16] knowing how proud she is of all [1:21:17] of your accomplishments. [1:21:22] I just got to I had a chance to [1:21:22] know you for a while now and [1:21:23] I'm really excited to see this [1:21:26] appointment. [1:21:26] Kind of reflexively I assumed [1:21:27] it was for something in [1:21:31] the arts and when I took [1:21:31] another look and realized it [1:21:32] was for the Venice Commission [1:21:33] that made me even more excited [1:21:35] and proud for you knowing [1:21:36] the time and effort that you [1:21:36] put into building [1:21:40] the qualifications and resum\ [1:21:41] to be the very, very qualified [1:21:41] appointee that you are. [1:21:45] So congratulations on that. [1:21:46] Thank you for being willing to [1:21:46] commit your time and service to [1:21:49] the city. [1:21:50] And the last thing I'll say is [1:21:51] I had a chance to go through a [1:21:52] leadership program with [1:21:55] Schuyler and Schuyler is one of [1:21:55] the most unique and authentic [1:21:56] leaders that I've had an [1:22:00] opportunity to stand alongside [1:22:00] And so I'm very excited to see [1:22:03] you take those skills [1:22:04] the professional experience [1:22:05] that you've now developed and [1:22:08] make sure that the city's funds [1:22:09] are being taken care of in a [1:22:10] way that I know will be [1:22:11] impactful to the people. [1:22:13] So thank you for your service [1:22:13] Schuyler. [1:22:14] >> Congratulations on your [1:22:18] appointment. [1:22:18] And with that I'm going to take [1:22:19] the privilege of a council [1:22:23] PRESIDENT And pause our meeting [1:22:23] and allow the students to leave [1:22:24] so they can make sure they get [1:22:28] back to class on time. [1:22:29] So thank you again for joining [1:22:29] us this morning. [1:22:33] I hope you learned a little bit [1:22:33] about how local government [1:22:34] works and got get to know some [1:22:42] of your elected officials, [1:22:43] right? [1:22:47] >> Yeah And I would just point [1:22:48] out that these are students [1:22:48] from Saint Augustine High [1:22:49] School. [1:22:52] Saint Augustine is located in [1:22:52] North Park. [1:22:53] It attracts students from [1:22:53] across the region for its [1:22:57] academic excellence. [1:22:58] Thank you very much for joining [1:22:58] us to thank you for your [1:22:59] interest in civic government. [1:23:01] Thank you. [1:23:02] Council PRESIDENT My apologies [1:23:02] Council member I didn't know [1:23:03] you wanted to add some more [1:23:22] comments. [1:23:23] Actually they're much quieter [1:23:26] than I would have expected. [1:23:32] We could have flipped out. [1:23:32] >> So with that we'll go to [1:23:36] council member Yvonne Wolpert. [1:23:37] Thank you and thank you to [1:23:38] the students for coming in as [1:23:38] well. [1:23:39] It's always good to see folks [1:23:42] getting involved in local [1:23:42] government. [1:23:43] I just want to congratulate [1:23:43] everybody being appointed [1:23:44] today. [1:23:46] Your Honor, I'm a lawyer so I [1:23:47] will always call you Your [1:23:47] Honor. [1:23:48] Thank you for coming in today [1:23:49] and speaking so highly of your [1:23:51] daughter Schuyler. [1:23:52] Congratulations. [1:23:53] Not only are you successful in [1:23:53] the private sector, you will [1:23:56] now be very successful in [1:23:57] the public sector as well. [1:23:58] I also want to thank MR. Gomes [1:24:00] for being here from Whetstone. [1:24:01] It is actually one of my [1:24:02] absolute favorite businesses in [1:24:02] the city of San Diego. [1:24:05] You have the most hospitable [1:24:06] team at Whetstone. [1:24:06] You have incredible wine [1:24:11] selection and we need more [1:24:11] small businesses like you. [1:24:12] So I just want to thank you for [1:24:15] creating such a wonderful space [1:24:16] in that beautiful area And [1:24:16] congratulations to everybody. [1:24:17] >> Thank you. [1:24:20] All right. [1:24:21] Thank you. [1:24:21] With that I too will [1:24:22] congratulate all [1:24:26] the appointments and those who [1:24:26] nominated them in particular [1:24:27] Item 124. [1:24:30] Proud to have nominated John [1:24:30] Secure to serve as a District [1:24:31] one rep on the Human Relations [1:24:35] Commission. [1:24:35] I appreciate your willingness [1:24:39] to serve our city And item 107 [1:24:39] congratulate District one and [1:24:43] residents Brittany Nelson on [1:24:44] your appointment to [1:24:45] the Municipal Golf Committee. [1:24:45] And again thank you if you're [1:24:48] willing to serve in sharing [1:24:49] some of your personal time on [1:24:53] behalf of the city and on item [1:24:54] 5o4 it's an opportunity for [1:24:54] once again to thank council [1:24:55] member Ella Rivera for standing [1:24:58] up to select Committee on Cost [1:24:58] of Living. [1:25:02] So with that see no one else on [1:25:03] the lights We do have a motion [1:25:06] by Council member Moreno a [1:25:06] second by Councilmember [1:25:06] Campbell. [1:25:09] Clerk Please call the roll I [1:25:10] sorry of the voting system [1:25:14] Please cast your vote That does [1:25:18] pass unanimously 9 to 0 with [1:25:19] Councilmember Moreno voting no [1:25:22] in item 52. [1:25:22] All right. [1:25:23] We will now take up our morning [1:25:27] discussion agenda Single item [1:25:31] please introduce item as 502 [1:25:31] Thank you Council PRESIDENT [1:25:32] Items five two is the creation [1:25:36] of Underground Utility District [1:25:37] for North Claremont six l [1:25:39] Hamish Alameda for x and 4x1 [1:25:40] and Barrio Logan eight h in [1:25:40] Kensington 3cc1 and [1:25:44] the adoption of the final [1:25:45] mitigated negative declaration [1:25:48] project number (595)959-4590. [1:25:49] If you'd like to speak on this [1:25:53] item please be sure to submit [1:25:54] Your speaker slips to the high [1:25:55] lectern and or raise your hand [1:25:58] by pressing star nine or [1:25:59] the raise your hand icon. [1:25:59] >> Thank you very much. [1:26:02] All right staff as you settle [1:26:03] in, introduce yourselves for [1:26:03] the record and let us know how [1:26:04] much time you need for [1:26:07] the presentation. [1:26:08] Good morning, Chelsea Cletus, [1:26:08] deputy director in [1:26:12] the Transportation Department. [1:26:13] With me is Jim Nibong, [1:26:14] assistant deputy director with [1:26:16] the utility undergrounding [1:26:16] Program. [1:26:17] We will need six minutes for [1:26:18] our presentation. [1:26:18] All right. [1:26:18] Please proceed. [1:26:21] Thank you very much. [1:26:22] Today we are bringing forward [1:26:26] the creation of districts for [1:26:31] five project areas. [1:26:32] >> a high level overview of [1:26:33] this four part process includes [1:26:36] today our first hearing where [1:26:37] council will be taking action [1:26:42] to vote whether or not to hold [1:26:42] a notice to public hearing for [1:26:43] these districts. [1:26:46] Step two which is mailing [1:26:47] notices to residents and [1:26:50] utilities. [1:26:51] The third step is a public [1:26:56] hearing and the fourth step is [1:26:56] the approval to dig a slightly [1:27:00] deeper. [1:27:01] Today is an opportunity to take [1:27:06] action that sets a notice to [1:27:06] hearing to determine that [1:27:07] district creation is in [1:27:10] the public's best interest. [1:27:11] Our goal is to have this set [1:27:14] four weeks from today FEBRUARY [1:27:15] 25th, 2025. [1:27:19] If that action is taken today, [1:27:20] our next step is to follow [1:27:24] the public hearing process to [1:27:24] send emails, mail notices to [1:27:28] utility owners and property [1:27:29] owners in these areas. [1:27:33] The third step is to have [1:27:38] the notice to public hearing [1:27:38] where council can find and [1:27:39] determine that the creation of [1:27:43] those districts is in [1:27:43] the general public interest. [1:27:47] It will also look at the secret [1:27:48] documentation to approve [1:27:49] mitigated negative declaration [1:27:52] as well as notice of exemption [1:27:53] for these items and then per [1:27:58] the city's undergrounding [1:27:58] utilities procedural ordinance. [1:28:02] It will assign responsibility [1:28:03] so the creation of these [1:28:03] districts then assigns [1:28:07] responsibilities to utility [1:28:07] companies to convert their [1:28:08] overhead lines to underground [1:28:12] facilities. [1:28:13] It also puts responsibility on [1:28:13] property owners to either [1:28:17] cooperate with the city to [1:28:22] convert service connections or [1:28:22] to self perform those service [1:28:23] connections. [1:28:27] And then once those items are [1:28:28] approved we will be able to [1:28:28] move forward with notice to [1:28:31] proceed design, construct, [1:28:32] construction etc. And this is a [1:28:36] high level map of the locations [1:28:37] of the five districts we are [1:28:41] proposing to sort of get a [1:28:42] little bit more granular. [1:28:46] We have six ell North Claremont [1:28:47] in Council District two we have [1:28:51] both for x as well as 4x1 in [1:28:51] council district four. [1:28:56] We have Project eight h which [1:28:59] is in Council District eight [1:29:00] and Project three cc one and [1:29:06] Council District nine. [1:29:07] To reiterate staff [1:29:07] recommendation today is to [1:29:11] approve a resolution to set a [1:29:12] public hearing date to consider [1:29:16] the formation of the subject [1:29:19] districts on FEBRUARY 25th [1:29:20] 2025. [1:29:20] And with that we are happy to [1:29:21] answer any questions. [1:29:24] Thank you. [1:29:25] >> All right. [1:29:25] Thank you for the presentation. [1:29:26] Clerk Please proceed with [1:29:27] public comment. [1:29:27] Thank you. [1:29:30] Counsel PRESIDENT I will note [1:29:31] for the record that there was [1:29:32] one comment in favor for item [1:29:35] as or to submitted through our [1:29:35] e comment form and that was [1:29:36] distributed to the council Here [1:29:37] in council chambers we have [1:29:39] Doreen Diaz. [1:29:40] You'll have two minutes. [1:29:44] Please proceed. [1:29:45] Thank you. [1:29:49] I am in favor of this project [1:29:54] but I am against the p did [1:29:59] misuse of the name of my [1:29:59] neighborhood. [1:30:03] There are two completely [1:30:03] separate neighborhood. [1:30:07] One is called Ham Russia [1:30:12] neighborhood And across the way [1:30:13] is Alameda neighborhood. [1:30:17] They are not one neighborhood. [1:30:18] I am so fed up with seeing [1:30:22] secret report and seeing maps. [1:30:22] COUNCILMAN Henry Foster heard [1:30:27] this personally on SEPTEMBER [1:30:27] 21st at the Living Well center [1:30:31] from me as well as FEBRUARY [1:30:31] 2024. [1:30:36] The maps are all wrong. [1:30:36] The Planning Department is [1:30:41] approving reports they approved [1:30:45] a air quality report that said [1:30:46] the Skyline Neighborhood [1:30:50] the Encanto Planning Committee [1:30:51] . [1:30:52] Well, Hamish is in the skyline [1:30:56] Paradise Hills Planning [1:30:56] Committee. [1:30:57] So if the planning committee [1:31:01] can't see mistakes such as some [1:31:01] company spendthrift company [1:31:05] reviewing an Encanto planning [1:31:06] map when it's the skyline [1:31:10] Paradise Hills planning map [1:31:11] that's a serious problem. [1:31:15] That means there were proving [1:31:16] report without looking at them. [1:31:20] So once again I am in favor of [1:31:20] this. [1:31:21] I strongly suggest you do a [1:31:21] public hearing. [1:31:25] Notice I did not hear during [1:31:26] this presentation what the cost [1:31:29] would be to homeowners. [1:31:30] Yes people have wanted this [1:31:31] undergrounding for a decade but [1:31:35] we need to know the cost and [1:31:35] it's going to take at least 90 [1:31:36] days probably for people to [1:31:39] come up with money if it's [1:31:40] going to be more than a couple [1:31:40] hundred dollars. [1:31:44] So we need a public notice and [1:31:48] I will be going to every house [1:31:48] within 300ft ensuring that they [1:31:49] do get one. [1:31:50] Thank you for that concluding [1:31:53] comment. [1:31:54] I started the five minute time [1:31:55] we're hearing council chambers [1:31:55] going to those participating [1:31:56] online. [1:31:58] We currently have five speakers [1:31:59] starting with Lori Saldana. [1:32:02] If you can please unmute. [1:32:02] Yes. [1:32:03] Can you hear me? [1:32:03] Yes. [1:32:07] Please proceed. [1:32:08] >> So I'm calling about [1:32:11] the North Claremont proposal [1:32:12] for Block six l and I need to [1:32:16] ask what happened to the prior [1:32:21] block that was designated back [1:32:22] in 2019 as Prop block 6k2 for [1:32:26] an underground utility [1:32:26] district. [1:32:27] If you look at that map you'll [1:32:28] see it's north on Appleton [1:32:31] going northward up to the end [1:32:32] of the north Claremont area. [1:32:35] But the street which is [1:32:36] bordered just to the south of [1:32:40] that we received a notice [1:32:41] almost six years ago of an [1:32:42] underground utility district [1:32:46] and nothing has been done. [1:32:46] Now I know there was a [1:32:47] renegotiation of the franchise. [1:32:50] I know there was covid But in [1:32:51] the meantime another utility [1:32:55] district for undergrounding was [1:32:55] announced to the south of this [1:33:00] neighborhood and others went to [1:33:00] the north of this neighborhood. [1:33:01] But the one that was announced [1:33:05] on MAY 13, 2019 in a letter to [1:33:06] property owners saying that [1:33:09] the block 6k2 underground [1:33:09] utility district was going to [1:33:14] be formed has just apparently [1:33:19] disappeared from the process [1:33:19] And I have reached out to [1:33:24] the offices I went to [1:33:24] presentations on the other [1:33:25] districts. [1:33:25] No one can explain where [1:33:29] the process is so I will [1:33:30] continue asking and showing up [1:33:30] and requesting information. [1:33:33] All of these neighborhoods are [1:33:34] within a block or two of [1:33:38] canyons and open space and it [1:33:42] is a fire hazard to have these [1:33:43] utilities aboveground. [1:33:44] And for those few of us who [1:33:47] still have maintained mature [1:33:48] trees as part of the Urban [1:33:52] Forestry Initiative and are [1:33:53] doing our best to maintain them [1:33:53] even with overhead lines it is [1:33:57] adding a cost and a burden [1:33:58] because of having to trim it [1:34:02] back more often And so these [1:34:03] are all real costs and time [1:34:08] costs and I would appreciate an [1:34:08] update from Jennifer Campbell's [1:34:09] office on the status of six k [1:34:11] to your time to you included [1:34:12] Next is 7968 If you can please [1:34:23] unmute Thank you The city clerk [1:34:24] out a district three a decision [1:34:26] in my district but I really [1:34:30] when I saw and any in there I [1:34:31] immediately said I want to look [1:34:31] at this. [1:34:36] So a couple of things I heard [1:34:39] that there's five districts so [1:34:40] I heard the 4x1 and the 4x2 and [1:34:43] that makes it five So I hope [1:34:44] that clarifies for the public [1:34:48] how that breaks down The final [1:34:52] mitigated negative declarations [1:34:53] through the years. [1:34:54] I found those things to be so [1:34:58] important for all of you and I [1:34:59] know you always look at them [1:35:03] and make sure that they're [1:35:03] kosher before you adopt them. [1:35:07] Setting the public hearing Date [1:35:08] I love public hearings and this [1:35:12] is so I can even put the word [1:35:13] out at how important this is [1:35:13] for the public. [1:35:14] So thank you. [1:35:17] Thank you. [1:35:18] No question On the core you had [1:35:21] that wonderful chart. [1:35:25] It was scary but there was a [1:35:26] 191 million total of I think [1:35:30] there were well 4 or 5 items [1:35:31] there I saw for four districts. [1:35:35] So when and how it did physical [1:35:35] considerate fiscal [1:35:38] considerations were zero not [1:35:38] something in a year or [1:35:39] something. [1:35:43] When and how will the cost hit [1:35:44] a budget So and that word [1:35:49] estimated cost always scares me [1:35:50] when I'm involves a big project [1:35:50] and they're complicated and [1:35:53] with our economic cycles God [1:35:53] only knows what an estimated [1:35:58] cost means. [1:35:58] So thank you. [1:35:59] Thank you. [1:35:59] This is important. [1:36:02] Thank you Department for your [1:36:03] presentation to all Thank you. [1:36:06] Next is David Monti. [1:36:11] >> If you can please unmute. [1:36:11] >> Thank you Council members. [1:36:12] My comment is just to let [1:36:16] the council members of this two [1:36:17] for 89 that your staffs have a [1:36:21] responsibility with to work [1:36:22] with their community planning [1:36:25] groups After the second hearing [1:36:25] to follow the advice of [1:36:30] the utility undergrounding [1:36:30] the advisory committee. [1:36:31] >> So this is not just [1:36:35] something for the utilities in [1:36:35] the city. [1:36:36] >> There is some community [1:36:36] participation as well. [1:36:39] Thank you. [1:36:40] Thank you. [1:36:40] Next is John Stump. [1:36:44] If you can please unmute maybe [1:36:49] Thank you very much as dg and e [1:36:50] is the most expensive utility [1:36:54] in the nation it's the most [1:36:55] expensive utility in the nation [1:36:58] because the vote of this [1:37:03] council particularly [1:37:04] the deciding vote of COUNCILMAN [1:37:09] Then PRESIDENT Shawn e Rivera [1:37:09] now you've got you're proposing [1:37:13] next I agree with all [1:37:14] the previous speakers [1:37:17] particularly the speaker No on [1:37:22] footnote on the footnote you're [1:37:23] creating special districts and [1:37:27] you're going to associate fees. [1:37:28] Those fees can only be used for [1:37:32] that specific benefit, not for [1:37:33] any assistance to the general [1:37:37] fund. [1:37:38] That's the law under [1:37:38] the California Constitution. [1:37:42] I particularly concern when you [1:37:42] set up these special utility [1:37:47] districts that you've granted a [1:37:47] franchise to a company that's [1:37:52] making that's the most [1:37:52] expensive and is making [1:37:56] millions in profit and paying [1:37:57] their executives millions that [1:38:01] now you going to tax these [1:38:02] properties to put their lines [1:38:07] underground when it should have [1:38:07] been a cost absorbed by [1:38:12] the franchise Whatever you do [1:38:12] and it looks like you're headed [1:38:16] down this road because people [1:38:16] want their utilities [1:38:21] underground to make sure that [1:38:24] when we pay the $100 million [1:38:25] here to underground these [1:38:29] utilities that whatever is put [1:38:30] into those conduits belongs to [1:38:33] the city of San Diego. [1:38:34] And when a future council [1:38:39] decides to make it a public [1:38:40] utility we don't have to pay [1:38:40] for those wires. [1:38:44] You had a third time. [1:38:45] >> Thank you very much. [1:38:45] Bye bye. [1:38:49] Thank you. [1:38:50] Blair Wickman As our final [1:38:50] speaker, the financial crisis [1:38:53] concluded There we are all [1:38:53] right. [1:38:54] Thank you And thanks to [1:38:55] the words of the previous [1:38:58] speaker, MR. Stump and nice to [1:38:58] hear. [1:38:59] I wish I had better depth to [1:39:03] understand any subject Growing [1:39:07] up in the 80s it became a free [1:39:08] market system in how we would [1:39:11] use and place our utility and [1:39:12] in offer maintenance. [1:39:16] I don't know if that was such a [1:39:16] great idea. [1:39:17] We've been trained up in [1:39:21] the Bay Area to bring back, you [1:39:22] know, city owned utilities and [1:39:25] city managed utility. [1:39:26] Uh, good luck What MR. Stump [1:39:27] has offered that I think it [1:39:31] could be a really good system [1:39:31] if we are a very organized [1:39:32] system if you want to practice [1:39:35] it I think you can bring some [1:39:35] good results. [1:39:39] Good luck on those efforts. [1:39:40] I'm also thankful that you are [1:39:40] thinking of these sort of [1:39:41] things. [1:39:43] So grateful. [1:39:43] Thank you. [1:39:48] It's a way to address wildfire [1:39:48] danger for the future that [1:39:53] we're trying to consider ways [1:39:54] It's it's to me I'm trying to [1:39:55] learn It can be a combination [1:39:58] of things of how wildfires take [1:39:58] place And we have it can be [1:39:59] manmade. [1:40:02] It can be natural. [1:40:03] We have to kind of all be [1:40:07] responsible and on alert in our [1:40:12] fire issues in the future. [1:40:12] I think we could have made [1:40:13] steps to not for things not to [1:40:17] happen in to San Diego the way [1:40:18] they have We have we have to [1:40:21] want to really care and not not [1:40:26] when in excitement we are an [1:40:27] event like what's happening in [1:40:27] L.A. Happens that we don't [1:40:31] offer a copycat and so good [1:40:31] luck how we're doing [1:40:36] responsible good practices by [1:40:36] undergrounding. [1:40:37] It's a part of the system of [1:40:41] learning and in overall care [1:40:41] and how we practice our [1:40:42] practices in the future that we [1:40:46] don't want to harm each other. [1:40:46] That has to be a reminder and [1:40:50] that we do good government [1:40:51] practices in the following [1:40:51] months and don't go crazy on [1:40:52] our practices. [1:40:55] Thank you. [1:40:56] >> Thank you. [1:40:56] That does conclude public [1:40:57] comment and items 502 All [1:40:57] right. [1:40:58] Thank you. [1:41:00] Anybody that called in we'll [1:41:00] now go to my colleagues for [1:41:01] questions and comments [1:41:02] entertain a motion. [1:41:05] We'll start out with council [1:41:05] member Elio Rivera. [1:41:06] >> Thank you Council PRESIDENT [1:41:09] Thank you for the work on this. [1:41:09] I just will note the importance [1:41:13] of undergrounding in areas [1:41:14] along urban canyons. [1:41:15] The area outlined in Kensington [1:41:19] does run very near to urban [1:41:19] canyons and so there's a there [1:41:23] is a legitimate safety [1:41:24] enhancement through the that [1:41:24] would occur through [1:41:29] the undergrounding of these [1:41:29] wires. [1:41:30] So thank you for your work on [1:41:30] this. [1:41:31] I will move staff [1:41:33] recommendation Council [1:41:33] PRESIDENT All right we have a [1:41:34] motion by council member Yellow [1:41:38] Rivera and we'll have a second [1:41:42] by council member Marti von [1:41:42] Wolpert. [1:41:47] Think about it such not seeing [1:41:48] anybody else in lights Have a [1:41:52] couple of questions until you [1:41:53] all have come to [1:41:53] the Environment Committee Over [1:41:54] the past three years we've seen [1:41:57] some updates. [1:41:57] We've seen some candid [1:41:58] conversations about [1:42:02] the struggles a number of [1:42:03] people spoke about like we were [1:42:07] charging new fees or we were [1:42:07] creating. [1:42:11] Can you clarify that in fact [1:42:12] this that there is not going to [1:42:16] be any charges to the property [1:42:16] owners in any of these [1:42:17] districts, is that correct? [1:42:17] Yes. [1:42:21] Your understanding is correct. [1:42:22] So this is funded by a [1:42:26] surcharge which is a percentage [1:42:26] of the utility bill that goes [1:42:27] into the surcharge fund and [1:42:31] that is what pays for all [1:42:32] underground throughout [1:42:32] the entire city. [1:42:35] There are no new fees or cost [1:42:36] requirements on any subject [1:42:36] residents okay. [1:42:37] And it's a good reminder that [1:42:40] everybody pays that surcharge [1:42:41] Even if your community was [1:42:41] built with underground [1:42:45] utilities at the get go going [1:42:46] forward And I think the only [1:42:50] question is if their electrical [1:42:50] panel is substandard or not [1:42:51] according to code that there [1:42:55] MAY be some issues there that [1:42:56] need to be resolved. [1:42:56] >> Yes. [1:42:58] To clarify that piece. [1:43:03] >> It's not to put them to a [1:43:03] not to do anything more than [1:43:09] what is required by the code to [1:43:09] bring it up to standard And and [1:43:12] I know that there has been some [1:43:13] communication problems in [1:43:17] the past by folks understanding [1:43:18] what today's action would mean [1:43:23] So one presumes that you come [1:43:24] back in a week excuse me in a [1:43:25] month and this is going to be [1:43:27] adopted by the council. [1:43:28] When would people actually see [1:43:32] folks on the ground and [1:43:33] starting the undergrounding [1:43:33] process 2025 right now? [1:43:37] Yeah, that's a great question. [1:43:38] So as you know council [1:43:42] PRESIDENT These projects are [1:43:43] large infrastructure community [1:43:46] improvement projects that span [1:43:47] 5 to 7 years sometimes. [1:43:50] So once we come back and [1:43:51] council takes the action to [1:43:51] approve these districts that [1:43:56] will then allow us to go to [1:44:00] into a notice to proceed then [1:44:01] we do base maps etc. After all [1:44:04] that data is completed we have [1:44:05] a design portion that can [1:44:09] sometimes sometimes take up to [1:44:10] one year to 18 months to [1:44:12] complete during that time at [1:44:13] around 60% we have a community [1:44:17] forum so that is one area that [1:44:18] we are we improve for getting [1:44:21] the community's input. [1:44:22] After that we go into a [1:44:26] construction time frame and [1:44:26] after all the design is [1:44:27] completed we do another public [1:44:31] forum for for construction and [1:44:32] construction can last depending [1:44:36] on the phase anywhere where [1:44:36] between 1 and 4 years including [1:44:41] the very last section which is [1:44:42] after the polls come down and [1:44:42] all of the wires have been [1:44:46] underground it we do community [1:44:47] improvement So things like [1:44:50] paving the road curb cut outs, [1:44:50] tree planting and then we [1:44:51] upgrade any kind of [1:44:55] streetlights that are [1:44:55] necessary. [1:44:56] So when something comes before [1:45:00] this body to approve to be [1:45:00] approved, there are it goes [1:45:05] into a lot of design for [1:45:05] several years So people might [1:45:10] not see, you know, actual [1:45:10] the ground actually being [1:45:11] trenched for several years. [1:45:15] I will also add that my staff [1:45:16] because of these communication [1:45:20] struggles in the past I have [1:45:21] staff that were directed to [1:45:25] look at the overall customer [1:45:25] journey and how many current [1:45:26] touches we have during that [1:45:30] customer journey. [1:45:31] We found a good chunk of [1:45:34] communication upfront but not a [1:45:35] lot of communication during [1:45:35] construction So we've [1:45:39] identified those gaps and staff [1:45:40] are currently developing [1:45:40] additional communications so we [1:45:44] can make sure that residents [1:45:45] are more up to date more [1:45:45] frequently. [1:45:49] >> All right. [1:45:50] I think key thing I think for [1:45:53] anybody listening and this is [1:45:54] we're talking several years [1:45:58] going forward and you know, to [1:45:59] be blunt, it's hard for me to [1:46:03] support this item given how [1:46:04] many projects that are actually [1:46:05] construction ready that are [1:46:08] just kind of stuck and not [1:46:09] moving forward. [1:46:10] Certainly some in my district [1:46:13] perhaps and others others that [1:46:14] are already in the design queue [1:46:18] and we don't seem to have [1:46:19] the ability and I'm not going [1:46:23] to point fingers about who to [1:46:24] blame and except maybe to blame [1:46:27] everybody in the whole system [1:46:28] And the way we do this what was [1:46:29] originally an ambitious ideas [1:46:32] but given the funding that we [1:46:33] actually generate through our [1:46:34] surcharge process and [1:46:38] the dramatic increase in costs [1:46:38] in delivering these you know, I [1:46:39] think there's some serious [1:46:42] questions about whether [1:46:43] the dollars are there to even [1:46:44] fund the ones that are in [1:46:47] the queue already. [1:46:48] And so I would hope that [1:46:51] Councilmember Rivera would [1:46:52] schedule at the Environment [1:46:53] Committee an update on utility [1:46:57] undergrounding to actually wrap [1:46:57] our head around And it's hard [1:47:01] for me to go back to my [1:47:02] constituents and say we're [1:47:02] already in the queue. [1:47:06] We're not making any progress. [1:47:07] Why do you keep creating new [1:47:08] districts, diverting staff [1:47:12] time, taking precious dollars [1:47:12] away, creating new ones when [1:47:13] you can't get the old ones done [1:47:15] And I'm you know I'm not trying [1:47:20] to single you out on this And I [1:47:21] think both of you know where I [1:47:25] come from on this but I think [1:47:25] we need to think differently [1:47:26] ometer And I know we change [1:47:27] some of the priorities of which [1:47:30] districts get identified [1:47:30] through the through [1:47:34] the agreements with city Jane [1:47:35] and utility companies but I'm [1:47:36] going to register a no vote on [1:47:39] this just to kind of put an [1:47:40] exclamation point on this so [1:47:44] that we can come back and [1:47:44] figure out what we're going to [1:47:45] do and how we're actually going [1:47:49] to show that we can deliver for [1:47:49] all the dollars that we've [1:47:50] collected which actually still [1:47:51] very little when you really [1:47:54] total it all up. [1:47:55] But I know my constituents are [1:47:55] not going to be particularly [1:47:59] happy that we're identifying [1:47:59] brand new districts and it's [1:48:00] not the location of [1:48:00] the districts. [1:48:01] It's just let's get the ones [1:48:04] that are already on the books [1:48:04] done. [1:48:09] So with that we have a motion [1:48:09] by council member council [1:48:10] member Eli Rivera, a second by [1:48:12] council member Yvonne Wolpert. [1:48:18] >> Please call the clerk or two [1:48:19] The vote is just on Please cast [1:48:19] your vote. [1:48:24] Oh you can change and that [1:48:29] passes 8 to 1 with Council [1:48:30] PRESIDENT LaCava voting no. [1:48:34] >> All right with that we'll [1:48:35] take up non agenda public [1:48:36] comment The council members [1:48:38] respect and appreciate [1:48:39] the public input and are fully [1:48:39] committed to protecting every [1:48:40] participant's free speech [1:48:43] rights at Council and committee [1:48:44] meetings. [1:48:44] Clerk Please proceed with [1:48:48] public comment. [1:48:49] Thank you. [1:48:50] Council PRESIDENT Pearl 2.7 on [1:48:50] general public comment is an [1:48:51] opportunity for members of [1:48:53] the public to comment on items [1:48:54] that are not on the agenda but [1:48:55] within the subject matter [1:48:55] jurisdiction of the City [1:48:55] Council. [1:48:58] Each speaker will have two [1:48:58] minutes. [1:48:59] Please note if there are eight [1:49:00] or more speakers on a single [1:49:02] topic the maximum time for [1:49:03] the topic will be 16 minutes. [1:49:04] If you are in chambers please [1:49:04] limit your speaker slip If [1:49:07] you're joining us virtually [1:49:08] please raise your hand by [1:49:09] tapping the raise your hand [1:49:11] icon or if you are calling [1:49:12] participant Star nine Doreen [1:49:20] I'd like to come up Yes, thank [1:49:21] you. [1:49:21] I would like to remind [1:49:25] everybody here that this [1:49:26] council, whether you were [1:49:30] PRESIDENT Or not, has had many [1:49:31] grand jury findings due to lack [1:49:34] of accountability, due to lack [1:49:39] of transparency and in fact [1:49:40] the one council policy that was [1:49:43] demanded to be created 000 dash [1:49:48] 33 and 32 isn't even being [1:49:52] complied with because it says [1:49:53] every two years and the two [1:49:56] years expired DECEMBER 16th, [1:49:57] 2024 there's supposed to be [1:49:58] community input which should [1:50:02] have started last JULY and and [1:50:03] it should have been done in [1:50:07] OCTOBER for a new vote in [1:50:07] DECEMBER. [1:50:08] So we need this council to [1:50:12] actually try to stop following [1:50:12] council policies. [1:50:20] I submitted a ten page memo on [1:50:21] a lot of inequities that are [1:50:26] occurring within District four. [1:50:30] We do we have homes built 1930 [1:50:30] 1940. [1:50:31] We have some of the oldest [1:50:31] homes in the city. [1:50:36] We have military barracks that [1:50:37] were turned into homes in image [1:50:40] are there is lack of [1:50:41] transportation and considering [1:50:44] here Mazar I a transit priority [1:50:45] area is blatant fraud. [1:50:49] We do not have bus rapid [1:50:50] transportation You would have [1:50:50] to do eminent domain on at [1:50:54] least a hundred homes before [1:50:55] you could ever get rapid which [1:50:58] defeats the purpose that [1:50:59] the purpose of sb nine once [1:51:03] again the homeowner act it was [1:51:03] not supposed to be for [1:51:04] investors and developers and [1:51:08] Mayor Tory is friends. [1:51:09] It was supposed to be for [1:51:12] homeowners and sb nine is [1:51:13] supported But this council [1:51:17] policy with mobility choice [1:51:18] sustainable development is not. [1:51:21] >> Thank you. [1:51:22] Thank you for that concluding [1:51:23] comment. [1:51:23] I thank you for your time for [1:51:27] coming to the mlk I'm sorry [1:51:28] the five minute timer I'm going [1:51:28] to those participating online. [1:51:30] We currently have nine speakers [1:51:31] in the queue starting with [1:51:35] Terri and Skelly. [1:51:36] >> Good morning City Council [1:51:40] members PRESIDENT Joe LaCava My [1:51:41] name is Terrence Skelly. [1:51:42] I'm a parent, a public health [1:51:42] educator and a planning group [1:51:46] attendee Recently DR. On It [1:51:47] Live an emergency room and [1:51:50] addiction medicine specialist [1:51:51] provided a presentation [1:51:51] entitled and I quote It's just [1:51:55] pot What's the problem? [1:51:56] And quote This presentation was [1:51:57] appropriate for teens their [1:52:00] parents, public health [1:52:01] educators and legislators that [1:52:05] care about the young people of [1:52:06] their city And you can also [1:52:09] watch it on YouTube, She begins [1:52:10] by explaining that as an [1:52:10] emergency room doctor in San [1:52:14] Diego she was gravely, [1:52:15] personally and professionally [1:52:16] dismayed that there are there [1:52:20] was a 690% increase in [1:52:20] emergency room visits where [1:52:24] the primary diagnosis was [1:52:29] associated with marijuana. [1:52:30] This equates to 37 cases a day [1:52:31] on average at the county's [1:52:34] hospital. [1:52:35] Imagine the costs of [1:52:36] the parents, their families, [1:52:39] employers to the medical staff [1:52:39] perhaps even to the police [1:52:40] department. [1:52:43] 17% of all adult smoking pot [1:52:44] are clinically diagnosed with [1:52:47] cannabis syndrome disorder. [1:52:51] Among daily users it raises to [1:52:52] 50% And DR. Love described [1:52:53] the misery of cannabis [1:52:56] withdrawal including sweating, [1:53:01] tremors, sleeplessness, severe [1:53:02] agitation and depression. [1:53:03] >> And why do I mention this [1:53:06] today the city council and [1:53:06] others are looking at what [1:53:11] causes the expenditures to our [1:53:11] city services. [1:53:16] Certainly marijuana and drug [1:53:16] use should be at the top of [1:53:17] everyone's list. [1:53:21] Thank you for hearing my [1:53:21] concerns this morning. [1:53:22] >> Thank you. [1:53:22] Next is Becky Rapp. [1:53:30] If you can please unmute. [1:53:30] Hello Council PRESIDENT LaCava [1:53:35] and council members My name is [1:53:35] Becky Rapp and I'm here today [1:53:36] to bring to your attention a [1:53:40] statement released by the Drug [1:53:41] Enforcement Administration. [1:53:44] Derek Marks the new interim [1:53:45] administrator of the dea has [1:53:46] brought attention to [1:53:49] the damaging effects marijuana [1:53:50] is having on our young people. [1:53:51] Balch recognizes that updated [1:53:54] research has indicated that [1:53:55] the high potency thc marijuana [1:53:55] is causing increased health [1:53:59] risks particularly with [1:54:00] the mental health of young [1:54:00] people increasing [1:54:04] the likelihood of volatile and [1:54:04] violent behaviors. [1:54:05] He stated I quote Obsessive pot [1:54:09] smoking is associated with [1:54:10] school shootings and that [1:54:10] politics have been placed over [1:54:14] public safety. [1:54:15] The dea stated that the average [1:54:19] percentage of thc which is [1:54:20] the psychoactive cannabinoid in [1:54:20] marijuana known for giving [1:54:23] users a quote high feeling has [1:54:24] been steadily increasing and [1:54:28] reached an all time high [1:54:29] significantly increasing [1:54:29] the mental health problems of [1:54:30] millions of Americans. [1:54:33] The dea is concerned that their [1:54:34] updated research is not getting [1:54:35] the attention it deserves. [1:54:39] I would suggest that the city [1:54:39] request a detailed presentation [1:54:40] from the county's health and [1:54:43] Human Services Agency providing [1:54:44] a detailed scientific analysis [1:54:47] of the health risks surrounding [1:54:48] high potency thc that is [1:54:48] available today. [1:54:52] This information should be [1:54:53] publicly acknowledged as it's [1:54:54] time to put people over [1:54:54] profits. [1:54:58] Following the lead of the dea [1:55:03] and director Mouth thank you. [1:55:03] Thank you. [1:55:04] Next is 7968 If you can please [1:55:08] unmute and thank you. [1:55:13] >> Third point page tracing out [1:55:13] of district three. [1:55:17] I can't get my mind and my [1:55:17] heart off of that. [1:55:21] The most increase in crime was [1:55:22] in hate crimes. [1:55:26] So I spent some time one [1:55:27] evening googling it and I want [1:55:32] to share this with you. [1:55:33] Mostly that is quote What are [1:55:37] the root cause of hate? [1:55:41] Hate is based in issues of [1:55:42] power and control. [1:55:46] Hate comes from the idea that [1:55:47] certain people can and should [1:55:51] have power and control over [1:55:51] others. [1:55:55] These ideas come from our [1:55:56] history with certain people [1:56:01] took power over others. [1:56:01] This is my example. [1:56:05] Native Americans who wanted [1:56:06] their land, their resources and [1:56:15] so forth also included on [1:56:16] Google was their top five [1:56:20] states in regards to hate [1:56:20] crimes. [1:56:21] >> Guess who's at the top? [1:56:25] California. [1:56:25] 1970 and 2023. [1:56:29] New Jersey is second. [1:56:30] New York is third. [1:56:31] Washington is fourth. [1:56:34] And Massachusetts is five. [1:56:39] So here are my final comments [1:56:40] on this And I'm continuing to [1:56:40] do my own personal work on this [1:56:44] And what can I do Shed our very [1:56:49] old outdated skin. [1:56:50] Like the year of the snake. [1:56:54] Let's join together and do much [1:56:55] more and remember these words [1:56:59] which I have said time and time [1:57:00] again through the years to all [1:57:00] of you. [1:57:01] We are all biased. [1:57:04] We are all flawed. [1:57:09] We are all wounded and we all [1:57:09] bleed red. [1:57:10] Thank you so much for [1:57:11] listening. [1:57:14] Let's join together and do my [1:57:14] apologies. [1:57:15] >> Your time has concluded. [1:57:18] John Stump if you can please [1:57:19] unmute. [1:57:19] I also know that the five [1:57:20] minute timer has concluded [1:57:21] there are seven speakers in [1:57:21] the queue and no additional [1:57:27] speakers will be taken. [1:57:27] >> Thank you very much for [1:57:28] the presentation again by MRS. [1:57:28] Doreen. [1:57:32] I too am No one Footnote seven. [1:57:36] Counsel Thank you Council [1:57:37] Member PRESIDENT LaCava for [1:57:42] being a ceremonial no vote on [1:57:42] this surcharge. [1:57:47] You know we are calling it a [1:57:47] surcharge. [1:57:48] And as he said everybody is [1:57:53] paying it. [1:57:58] But that's just a scheme around [1:58:03] the Constitution and it is [1:58:04] something that the city council [1:58:08] led by COUNCILMAN Sean Eli [1:58:13] Rivera impose on [1:58:13] the population. [1:58:18] So they're going to surcharge [1:58:18] It's being charged as [1:58:22] COUNCILMAN LaCava said to [1:58:23] everybody but the benefit is [1:58:28] going to be selective really [1:58:28] distributed. [1:58:32] COUNCILMAN Shani Le Rivera is [1:58:33] going to put the benefit as a [1:58:38] priority in the richest [1:58:42] neighborhood in his district. [1:58:43] Now a poor neighborhood in City [1:58:43] Heights. [1:58:47] My neighborhood isn't included [1:58:48] or prioritized. [1:58:52] I guess you know, when you [1:58:57] become a elected official and [1:58:58] no longer are campaigning for [1:59:02] the people, you start to give [1:59:09] the rich the greatest benefit. [1:59:13] Please stop trying to solve [1:59:14] your budget problems by putting [1:59:19] more taxes, more fees onto [1:59:19] the population. [1:59:24] Start eliminating taxes and [1:59:24] fees. [1:59:25] Make That's how you make it [1:59:25] affordable. [1:59:28] Thank you very much. [1:59:29] >> Thank you. [1:59:30] Next is Devin If you can please [1:59:33] unmute. [1:59:33] Hi. [1:59:34] Thank you for allowing me [1:59:38] the opportunity to speak today [1:59:38] . [1:59:39] I come before you with concerns [1:59:39] about the rapidly growing [1:59:40] cannabis market and [1:59:43] the increasing normalization of [1:59:44] vaping products both of which [1:59:45] are having harmful effects on [1:59:48] our community particularly our [1:59:48] youth. [1:59:49] Recent data shows that more [1:59:53] than half of cannabis sales [1:59:54] come from just 20% of [1:59:54] customers. [1:59:58] We're also seeing an alarming [1:59:59] rise in the use of vapes and [1:59:59] concentrates. [2:00:02] In fact vapes now account for [2:00:03] 25% of cannabis sales [2:00:07] nationwide and last year for [2:00:07] the first time vape sales [2:00:08] surpassed flower sales among [2:00:12] Gen-z. [2:00:13] This is deeply concerning [2:00:16] vaping especially among young [2:00:17] people poses significant health [2:00:17] risks. [2:00:18] The long term effects of [2:00:21] inhaling concentrated cannabis [2:00:22] oils and other chemicals are [2:00:26] still largely unknown but early [2:00:27] research shows they could [2:00:27] include lung damage, mental [2:00:30] health issues and a higher [2:00:31] likelihood of addiction. [2:00:32] These products are not only [2:00:36] more potent but also more [2:00:36] discreet making it easier for [2:00:37] minors to access and use them [2:00:40] without detection. [2:00:41] We know that the developing [2:00:42] brains of teenagers are [2:00:46] particularly vulnerable to [2:00:46] the addictive properties of [2:00:47] cannabis and nicotine And these [2:00:50] products especially in high [2:00:51] concentrations pose serious [2:00:52] risks to their future health [2:00:55] and well-being. [2:00:56] I urge this Council to consider [2:00:59] the long term implications of [2:01:00] this growing industry. [2:01:00] We must prioritize public [2:01:04] health and protect our youth by [2:01:05] enacting stricter regulations [2:01:06] on cannabis products and vaping [2:01:10] including limitations on high [2:01:10] potency offerings and better [2:01:15] enforcement of age restrictions [2:01:15] . [2:01:16] Thank you for your time and [2:01:16] consideration. [2:01:17] Thank you. [2:01:17] Next suspect Peggy Walker. [2:01:22] If you can please unmute. [2:01:22] >> Good morning. [2:01:27] That's a youth health advocate [2:01:27] . [2:01:28] I came today to draw attention [2:01:31] to statements meant to diminish [2:01:32] the known harms of marijuana. [2:01:34] Comments to this Council [2:01:35] regarding the 2024 monitoring [2:01:36] The Futures survey suggest [2:01:41] marijuana use by high schoolers [2:01:41] has not increased. [2:01:45] The real story, however, is [2:01:46] that the surveys show that [2:01:46] youth rates are substantial [2:01:49] like nearly 30% of 12th graders [2:01:50] reporting past year use. [2:01:54] The survey also showed 43% of [2:01:55] those age 19 to 30 reporting [2:01:59] cannabis use a 40 year record [2:02:00] high for young adults. [2:02:04] Speaking to this, DR. Jesse [2:02:05] Brinkley, professor of [2:02:05] psychiatry and addiction [2:02:09] specialist at University of [2:02:10] Colorado stated in the journal [2:02:14] Psychiatry News that this is a [2:02:15] population at risk. [2:02:18] At age 18 our brains do not [2:02:19] magically flip a switch and [2:02:23] finish developing the extent of [2:02:24] expanded legalization cannabis [2:02:29] product offering and increased [2:02:29] potency. [2:02:29] Hinckley warned those [2:02:33] unprecedented exposure to young [2:02:34] people during a critical period [2:02:38] of brain development. [2:02:39] Studies by Hinckley found [2:02:43] mounting evidence marijuana is [2:02:44] fueling depression and suicide [2:02:44] among youth. [2:02:48] He found out lessened marijuana [2:02:49] users nearly two and a half [2:02:49] times more likely to be [2:02:52] addicted to it And a half times [2:02:53] more likely to have a major [2:02:56] depressive episode and four [2:02:57] times more likely to attempt [2:02:57] suicide. [2:03:01] And so I suggest data showing [2:03:02] 30% of high school seniors [2:03:06] using cannabis is very serious [2:03:07] feeling substantial health [2:03:08] problems and mental health [2:03:08] risks. [2:03:12] Thank you for your time. [2:03:13] Thank you. [2:03:16] Megan if you can please unmute [2:03:16] . [2:03:17] >> Thank you. [2:03:18] Good morning Council members. [2:03:18] Thank you for the opportunity [2:03:21] to speak today. [2:03:21] My name is Megan Stewart and [2:03:22] I'm here to address a critical [2:03:26] issue regarding public health [2:03:26] and the opportunity we have to [2:03:27] make proactive decisions. [2:03:31] A recent article drafted by a [2:03:32] physician and a public health [2:03:32] professional highlighted [2:03:36] the well documented link [2:03:36] between alcohol and cancer. [2:03:37] Identifying it as a leading [2:03:41] preventable cause of seven [2:03:41] types of cancer including, [2:03:45] colon and liver cancers. [2:03:45] Yet public awareness of this [2:03:46] fact is alarmingly low. [2:03:50] Only 45% of Americans know [2:03:51] the simple fact that alcohol [2:03:55] increases cancer risk. [2:03:55] The alcohol industry has long [2:03:58] normalized its presence in our [2:03:59] culture from professional [2:04:00] events to fundraisers. [2:04:04] Even those focused on health. [2:04:04] It's been so effective that we [2:04:05] rarely question [2:04:06] the consequences of promoting [2:04:09] and consuming this toxin. [2:04:09] And now we are paying [2:04:10] the consequence as it causes [2:04:13] nearly 100,000 cancer cases and [2:04:14] 20,000 deaths annually in [2:04:19] the U.S.. [2:04:20] We are at the early stages of [2:04:20] the marijuana industry's growth [2:04:23] and it is a sure to follow [2:04:24] the same path as alcohol if we [2:04:24] do not act now. [2:04:28] The marijuana industry like big [2:04:29] alcohol has immense lobbying [2:04:29] power and the ability to shape [2:04:33] public perception often [2:04:34] downplaying risks to health and [2:04:37] safety for the sake of profit. [2:04:38] We can already see the signs as [2:04:38] marijuana is being marketed as [2:04:42] harmless or even health [2:04:42] positive product. [2:04:43] Just as alcohol once was. [2:04:47] It's important to recognize [2:04:48] that we don't have to wait [2:04:48] decades to acknowledge [2:04:49] the consequences. [2:04:49] This Council has [2:04:52] the opportunity to enact [2:04:53] policies that prioritize public [2:04:54] health by limiting advertising, [2:04:57] regulating access and promoting [2:04:58] public education about [2:04:58] the risks of marijuana use. [2:05:03] Thanks so much. [2:05:03] >> Thank you. [2:05:04] Blair Beckman If you can please [2:05:08] unmute then I'll be Lori [2:05:08] Saldana and Judy Strang and [2:05:11] they'll be up. [2:05:12] >> All right. [2:05:12] Thank you. [2:05:13] We're big fans. [2:05:17] Thank Philharmonie Many thanks [2:05:18] to the words of MR. Stump [2:05:18] again. [2:05:22] Yeah, I spoke yesterday on I [2:05:25] think property owners they have [2:05:26] kind of a certain [2:05:27] responsibility to help and [2:05:27] the picture of you know, our [2:05:31] revenue issues in San Diego. [2:05:35] I think they if you live in a [2:05:36] house you have a lot of money [2:05:37] basically. [2:05:41] But it is with that that you [2:05:41] know continual tax burdens on [2:05:44] them is difficult because look [2:05:45] how to address that I think [2:05:46] there can be small increases in [2:05:50] property tax to be of help. [2:05:55] But these things that up and [2:05:56] the underground wiring add to [2:05:56] that thank you MR. Stamps work [2:05:59] to really work on equitable [2:06:00] distribution That's a really [2:06:05] important concept and what to [2:06:06] do with tax money on projects [2:06:06] there's lots and working on San [2:06:11] Diego and possibly working on [2:06:11] sidewalk at the stay the same [2:06:14] way sidewalk you work at [2:06:14] the same I don't know [2:06:19] forgiveness pattern that we [2:06:20] built just an expectation that [2:06:20] they pay for the majority of [2:06:26] sidewalk they have working [2:06:27] those efforts But that said I'm [2:06:28] still working on my tech issues [2:06:33] the lot you know the future of [2:06:33] a called a quick check basement [2:06:38] and removal of tech There's a [2:06:39] district going on with [2:06:43] the Hillcrest lgbt q Festival [2:06:43] of JULY 2024. [2:06:48] It's gone to court over [2:06:48] the future of tech placement [2:06:49] issues and exigent [2:06:52] circumstances Quick tech [2:06:53] placement and removal program [2:06:54] can really help address [2:06:57] the issue If you're not already [2:06:57] addressing them It can be a [2:07:02] really good guy that they're [2:07:02] learning themselves. [2:07:03] The name comes down in better [2:07:04] practices and better exigent [2:07:07] circumstance. [2:07:08] The process could work to how [2:07:09] This can be an open [2:07:13] conversation coming up in in so [2:07:13] if you're not already doing it [2:07:15] thank you thank you Laurie [2:07:16] Saldana if you can please [2:07:20] unmute. [2:07:21] Yes Can you hear me? [2:07:21] Yes. [2:07:21] Please proceed. [2:07:25] Thank you so a reminder that [2:07:25] the statement made by [2:07:26] the council PRESIDENT At [2:07:27] the start of every public [2:07:30] comment session is the result [2:07:31] of lawsuits filed on behalf of [2:07:34] San Diegans who have their [2:07:35] right to speak and address this [2:07:39] Council violated on multiple [2:07:39] occasions over the last several [2:07:40] years both a Bill of Rights and [2:07:41] the state's Brown Act [2:07:44] guarantees that the public has [2:07:45] a right to address elected [2:07:46] officials both for a redress of [2:07:49] grievances and also to voice [2:07:50] agreement. [2:07:50] And the council and Mayor have [2:07:54] done a great job of recruiting [2:07:55] people who agree with them to [2:07:55] attend council meetings, wave [2:07:59] signs and speak in support of [2:08:00] things like mega shelters and [2:08:04] raising regressive fees that [2:08:05] disproportionately harm low [2:08:05] income families. [2:08:08] So that is their right, that is [2:08:09] their strategy. [2:08:09] We understand that. [2:08:10] But what's disappointing is [2:08:14] that after some of us do voice [2:08:14] our disagreements whether it's [2:08:18] development projects or poor or [2:08:19] other issues that the council [2:08:22] members then show a level of [2:08:23] contempt and disrespect that [2:08:24] has been showing up in recent [2:08:27] weeks. [2:08:28] There is a culture of contempt [2:08:29] that is emerging in this [2:08:33] country And I want to say that [2:08:36] as one person who has served in [2:08:37] elected office who has been [2:08:37] threatened and had to have [2:08:41] armed escort support time [2:08:42] because of people who disagreed [2:08:42] with legislation that I [2:08:46] introduced, I understand [2:08:47] the tendency to be protective [2:08:48] But what I don't understand is [2:08:52] why people would resort to name [2:08:52] calling and insults against [2:08:57] people who are doing their best [2:08:57] to participate as volunteers, [2:09:02] as people who are not paid as [2:09:03] generously as you all are to [2:09:07] attend these council meetings. [2:09:07] So please keep that in mind as [2:09:11] we go through this year and do [2:09:11] your best to avoid descending [2:09:12] into this culture of contempt [2:09:16] and disrespect that we see [2:09:16] emerging in too many other [2:09:21] places around the country. [2:09:21] Thank you, Judy Strain your [2:09:22] final speaker. [2:09:24] Please unmute. [2:09:25] >> Good afternoon San Diego [2:09:30] City Council Judy Strang here I [2:09:31] came to report on the Board of [2:09:35] Supervisors meeting this [2:09:35] morning particularly consent [2:09:39] item number one the added [2:09:44] funding for the age group 18 to [2:09:45] 25 that are in foster care to [2:09:49] assist them for at least three [2:09:50] more years with transitional [2:09:50] housing. [2:09:51] This is an age group that means [2:09:54] a great deal to me as the bulk [2:09:55] of my grandchildren are in that [2:09:58] age range and I have watched [2:09:59] that transition. [2:10:03] I think it's out of childhood [2:10:03] if you would And I think it's [2:10:07] important to remember that [2:10:08] depending on the year 50% of [2:10:08] our eight year olds are still [2:10:09] in high school. [2:10:12] So it is an age group about [2:10:13] which we have grave concern. [2:10:17] So I much appreciate the news [2:10:18] that the city of San Diego is [2:10:18] launching their new initiative [2:10:22] a Child and teen friendly city [2:10:23] not a moment too soon And I [2:10:27] hope that as you think about [2:10:28] teens that she'll extend that [2:10:32] teen boundary because that 18 [2:10:33] to 25 year old age range needs [2:10:36] you They are the age group that [2:10:37] the industries of addiction [2:10:41] target be they tobacco stores, [2:10:46] alcohol outlets or marijuana [2:10:47] store fronts And we need to [2:10:48] look carefully at the role they [2:10:51] play and diverting our young [2:10:52] people in a pathway that would [2:10:55] make them more successful and [2:10:56] not encourage that [2:10:56] proliferation or more [2:11:00] particularly normalize it by [2:11:01] what we see in our billboards [2:11:02] on our roadways. [2:11:06] So thank you City going forward [2:11:06] let's take a new look at those [2:11:07] billboards. [2:11:11] It's not what I would call a [2:11:11] child and teen friendly city to [2:11:15] have them looming over our [2:11:16] Highway five and 15. [2:11:21] Thank you. [2:11:21] >> Thank you. [2:11:22] That concludes on general [2:11:23] public comment for today. [2:11:23] All right. [2:11:24] Thank you everybody that called [2:11:25] in. [2:11:25] We will now adjourn for [2:11:26] the noon recess and reconvene [2:11:29] open session at 2 P.M. Or [2:12:24] shortly thereafter and not [2:12:24] the. [2:12:24] All right. [2:12:31] We're going to get started. [2:12:32] >> Good afternoon. [2:12:32] I will now reconvene the city [2:12:33] council meeting of Tuesday, [2:12:36] JANUARY 28th, 2025. [2:12:37] >> clerk please call the roll. [2:12:37] Thank you. [2:12:42] Council PRESIDENT Council [2:12:42] Member Campbell Dear Council [2:12:43] Member Whitburn here Council [2:12:46] Member Foster Council Member [2:12:46] Ron Wilber Council PRESIDENT [2:12:51] Pro Tem Lee Council Member [2:12:52] Campo here Council Member [2:12:56] Moreno Council member Ella [2:12:56] Rivera and Council PRESIDENT [2:13:00] LaCava also attending [2:13:00] the meeting. [2:13:05] >> The other thing in [2:13:06] the meeting our Sin City [2:13:06] Attorney Leslie Fitzgerald, [2:13:07] independent Budget analyst [2:13:08] Charles Mollica Council Affairs [2:13:11] Advisor in the Mayor's office, [2:13:11] Code advisor and myself your [2:13:12] city clerk Diana Fuentes All [2:13:15] right, Clark, will you read [2:13:16] the agenda item for this [2:13:16] afternoon so we know the order [2:13:17] this afternoon the agenda items [2:13:19] will be taken on the following [2:13:22] order item 330 followed by item [2:13:23] 331. [2:13:23] All right. [2:13:23] Thank you. [2:13:27] Clerk a quorum is now present [2:13:27] since we have could expect a [2:13:28] lively meeting Before we start [2:13:29] today's meeting I want to [2:13:32] remind everyone about [2:13:32] the city's practices and [2:13:33] procedures for public comment [2:13:37] at city council meetings [2:13:37] the city welcomes public party [2:13:38] participation at city council [2:13:42] meetings. [2:13:42] Speakers MAY address [2:13:43] the Council during public [2:13:44] comment and also in connection [2:13:47] with a specific item of [2:13:47] business on the agenda. [2:13:48] However, the city must make [2:13:51] sure that no person or group of [2:13:52] people disrupt the meeting in a [2:13:52] way that prohibits other [2:13:53] speakers from expressing their [2:13:56] ideas and opinions such as [2:13:57] excessive yelling, screaming or [2:13:58] speaking beyond once a lot of [2:14:01] times or examples of disruption [2:14:01] . [2:14:02] So to make sure that everyone [2:14:02] here has an opportunity to [2:14:06] address the Council, I will [2:14:07] alert an individual or [2:14:07] individuals if I think their [2:14:08] conduct becomes disruptive. [2:14:11] If the disruption continues I [2:14:12] will rule the individual out of [2:14:13] order If the disruption [2:14:15] continues further I will [2:14:16] declare a recess so we can [2:14:16] restore order. [2:14:17] At that point I will direct [2:14:20] the individual or individuals [2:14:21] to leave the room And if [2:14:25] the individual refuses to leave [2:14:25] a police will escort [2:14:26] the individual out of [2:14:26] the building. [2:14:27] And if we have to repeat this [2:14:30] process of warning and [2:14:31] recessing the meeting, all [2:14:31] members of the public will be [2:14:32] excused from the Council [2:14:35] chamber credential media will [2:14:36] be allowed to remain. [2:14:36] Again, we have these practices [2:14:40] and procedures to protect [2:14:40] the rights of other speakers [2:14:41] who wish to address the Council [2:14:42] and to allow the Council to [2:14:45] conduct conduct public business [2:14:46] And as a little guideline for [2:14:49] those of you maybe here for [2:14:50] the first time if you have a [2:14:51] sign it's fine. [2:14:51] Make sure you're not blocking [2:14:54] the view of anybody behind you [2:14:55] and in lieu of clapping so that [2:14:56] we can get all the public [2:14:59] comment in. [2:15:00] Some people like to shake hands [2:15:01] might be away and the council [2:15:04] will very much understand what [2:15:05] you're what you're doing. [2:15:06] So with that clerk please [2:15:09] introduce item 330. [2:15:10] Thank you. [2:15:10] Item 330 is 690 Rosecrans [2:15:13] Street project number rj [2:15:14] 1065372. [2:15:19] This item is not subject to [2:15:20] the mayor's veto. [2:15:21] If you'd like to speak on this [2:15:21] item please submit a speaker [2:15:23] said press star nine or [2:15:24] the raise your hand icon if [2:15:24] you're attending virtually. [2:15:25] Thank you. [2:15:25] All right staff please [2:15:27] introduce yourselves for [2:15:27] the record and let us know how [2:15:28] much time you need for [2:15:29] the presentation. [2:15:32] >> Good afternoon, counsel. [2:15:33] My name is Robin McCarty and I [2:15:33] will need less than five [2:15:34] minutes. [2:15:35] Okay. [2:15:36] Thank you. [2:15:36] Proceed when you're ready. [2:15:40] Thank you. [2:15:41] >> Good morning. [2:15:42] Council members and those in [2:15:42] attendance from the public. [2:15:43] My name is Robin McCarty and I [2:15:46] will be presenting item number [2:15:50] 330 on today's agenda. [2:15:51] >> The project being presented [2:15:53] today is located at 690 [2:15:54] Rosecrans Street and [2:15:57] the residential single unit 1-7 [2:15:58] zone of the Peninsula Community [2:16:01] Plan area. [2:16:02] The 0.1 acre site is situated [2:16:03] between Talbot Street and Owen [2:16:07] Street approximately three [2:16:09] miles south of the Interstate [2:16:10] eight Freeway. [2:16:10] >> The project proposes to [2:16:11] vacate an unformed legal [2:16:15] portion of Rogers Street. [2:16:15] In addition, the project will [2:16:16] demolish an existing single [2:16:20] dwelling unit and construct a [2:16:21] new two story single dwelling [2:16:24] unit a new garage and a new [2:16:24] accessory dwelling unit over [2:16:25] the garage. [2:16:28] The environmental evaluation [2:16:29] determined the project to be [2:16:30] exempt from the California [2:16:33] Environmental Quality Act [2:16:34] pursuant to Section 15332 for [2:16:38] infill development project [2:16:43] details include the demolition [2:16:44] of the existing 1450 square [2:16:48] foot single dwelling unit [2:16:52] including a 442 443 square foot [2:16:53] portion of the existing lower [2:16:55] level and a 406 square foot [2:16:56] portion of the existing garage. [2:16:56] The new construction will [2:17:00] include the addition of a 3160 [2:17:01] square foot two story single [2:17:05] dwelling unit and 1811 square [2:17:09] foot garage and a new 978 [2:17:10] square foot accessory dwelling [2:17:10] unit above the garage. [2:17:14] A section of the south [2:17:15] elevation demonstrates the site [2:17:16] conditions with manufactured [2:17:18] slopes running from east to [2:17:19] west. [2:17:19] The east elevation illustrates [2:17:23] the tiered layout of [2:17:24] the structures designed to [2:17:24] correspond with the grade of [2:17:28] the and complement the natural [2:17:29] landform as recommended in [2:17:29] the community plan. [2:17:30] In addition, the project [2:17:34] proposes a variation in roof [2:17:34] styles from the flat roof of [2:17:38] the single Dwelling unit to [2:17:39] the steep truth of the Adu [2:17:40] intended to break up the visual [2:17:43] prominence of the development [2:17:44] site which is a hillside [2:17:44] development recommendation of [2:17:47] the community plan. [2:17:48] >> The project proposes a [2:17:49] public right of way vacation of [2:17:53] an informal legal portion of [2:17:53] Rogers Street to the west of [2:17:54] Rosecrans Street. [2:17:57] The portion to the west of [2:17:58] the proposed vacation was [2:17:59] previously vacated leaving [2:18:02] the prop the proposed vacation [2:18:03] area isolated from the original [2:18:04] intent of connecting Rogers [2:18:07] Street to Rosecrans Street. [2:18:08] The project is also proposing a [2:18:11] sewer easement as shown in [2:18:12] the right of way drawing to [2:18:13] the right of the aerial [2:18:16] photograph. [2:18:20] >> On JULY 13th, 2023 [2:18:21] the Peninsula Community Group [2:18:22] voted 11 to 0 with no [2:18:24] conditions to recommend [2:18:25] approval of the project as [2:18:30] presented. [2:18:30] >> Staff determined that [2:18:31] the project meets [2:18:31] the regulatory guidelines of [2:18:35] the San Diego Municipal Code [2:18:35] Peninsula Community Plan and [2:18:36] the local Coastal Program staff [2:18:40] recommends approval of [2:18:40] the public right of way [2:18:44] vacation number pmt 317 3078 [2:18:45] and Coastal development permit [2:18:49] number pmt 317 3079 Along with [2:18:52] the adoption of a resolution [2:18:53] determining that the project is [2:18:54] categorically exempt from [2:18:58] the California Environmental [2:18:58] Quality Act. [2:19:01] Pursuant to secret guidelines [2:19:02] Section 15332 This concludes [2:19:03] staff's presentation Subject [2:19:07] matter Experts and [2:19:07] the applicant team are [2:19:08] available. [2:19:08] Should you have any questions? [2:19:09] Thank you. [2:19:09] All right. [2:19:12] Thank you for your [2:19:12] presentation. [2:19:13] I understand the applicant on [2:19:14] this project is here but does [2:19:17] not wish to make a [2:19:18] presentation. [2:19:18] Is that correct? [2:19:19] That is correct. [2:19:19] Correct. [2:19:19] All right. [2:19:22] Thank you for confirming that [2:19:22] plaque. [2:19:23] >> Please proceed with public [2:19:23] comment. [2:19:24] Thank you. [2:19:26] We have one person here in [2:19:27] council chambers. [2:19:27] >> Cesar happier if you can [2:19:38] please come forward. [2:19:43] >> Sorry, I missed your class [2:19:44] from yesterday and this morning [2:19:48] we are sick but we are trying [2:19:52] to be a student and learner. [2:19:53] I oppose the construction of [2:19:57] this kind of shelter. [2:20:02] First recent Why accomplish [2:20:05] from ceqa Is this [2:20:06] the implementing guideline of [2:20:10] the state environmental Quality [2:20:15] Act of 1970? [2:20:15] Answer me. [2:20:16] You need to answer. [2:20:21] I might be committing crime [2:20:21] from MR. Lacob. [2:20:25] I don't want to commit any [2:20:26] felony here. [2:20:26] I must be respectful. [2:20:31] You stop the construction. [2:20:31] You study the implementing [2:20:32] guidelines of ceqa. [2:20:35] Please. [2:20:36] And you will know the reason [2:20:36] why. [2:20:42] Another thing is we have [2:20:43] lessons in the past Like [2:20:45] the lesson in the Montezuma [2:20:50] Fire. [2:20:51] They do not have the authority [2:20:55] to interpret that property [2:20:59] because that's the law. [2:21:04] When I raise my hand in [2:21:05] the meeting to say I know [2:21:09] the answer nobody allowed me to [2:21:10] speak up. [2:21:10] We need more adequate water. [2:21:14] Do you have adequate supply of [2:21:15] water in that structure? [2:21:15] Yes or no? [2:21:18] You need not to answer. [2:21:19] Is there a provision to catch [2:21:24] this precious gift from nature? [2:21:24] Rainwater. [2:21:24] Nada. [2:21:28] I saw your plan. [2:21:28] Nada. [2:21:29] It does not reflect the lessons [2:21:33] in the past Four shelters [2:21:34] decent home suitable [2:21:34] surrounding. [2:21:38] We have a nice ocean. [2:21:38] Now. [2:21:43] We will have to raise that that [2:21:43] height. [2:21:43] >> Time has come. [2:21:44] Many more but only one for. [2:21:45] 1 minute or 2 minutes. [2:21:47] Thank you. [2:21:48] >> Five minute timer has [2:21:48] started here in council [2:21:52] chambers Going to John Stump. [2:21:53] John Stump If you can please [2:21:58] unmute. [2:22:01] I want that someone out here. [2:22:01] Look at the question I have [2:22:06] about this item is are all of [2:22:11] the costs being absorbed and [2:22:16] paid for by the applicant? [2:22:17] Now I view is that's what's [2:22:20] reflected in the staff report [2:22:21] or is it one of these typical [2:22:25] No financial employment [2:22:30] implications for the city of [2:22:35] San Diego gives free or [2:22:35] subsidizes with taxpayer money [2:22:40] Some projects and charges [2:22:41] disproportionally others. [2:22:45] Let's look at the item. [2:22:54] Does it say any or not? [2:22:55] >> Thank you very much. [2:22:56] Blair Beekman If you can please [2:23:04] unmute. [2:23:05] >> Hi. [2:23:05] Thank you. [2:23:10] Blair Beekman Thank you for [2:23:10] this item. [2:23:11] Thank you for the words of MR. [2:23:15] Harvey for Harvey are here. [2:23:16] I'm pronouncing that correctly. [2:23:18] MR. Harvey Here who he has [2:23:19] inspired me to want to speak on [2:23:21] this item So thank you for his [2:23:27] words and a few words. [2:23:31] Again to MR. Stump and how I'm [2:23:32] addressing and thinking of [2:23:32] issues. [2:23:33] MR. Harvey ever brought up [2:23:36] the idea of a textbook? [2:23:37] There is not a use of secure in [2:23:40] this item. [2:23:41] I'm very worried that we really [2:23:45] are like kind of trying to [2:23:49] shortchange secure as much as [2:23:50] we can to say that we're like [2:23:51] innovative in being more [2:23:54] streamlined and when secret [2:23:54] does some really good thing. [2:23:59] And we need to acknowledge that [2:24:00] . [2:24:00] With the recent wildfires in [2:24:01] L.A.. [2:24:04] Gavin Newsom Governor Newsom [2:24:04] has completely ended ceqa [2:24:05] processes for the upcoming [2:24:09] rebuilding process. [2:24:10] We just had, you know, rains [2:24:14] and some, you know, small [2:24:15] mudslides in L.A. The past few [2:24:19] days. [2:24:19] What's the environmental impact [2:24:20] going to be without any sort of [2:24:24] sequel on the future [2:24:24] rebuilding? [2:24:25] I think there's going to be [2:24:25] madness. [2:24:28] I think we're in serious [2:24:28] trouble and those are the kind [2:24:29] of practices I don't want San [2:24:33] Diego going to be following. [2:24:33] I don't want wildfires to be [2:24:38] creating this free for all for [2:24:38] ourselves. [2:24:39] You're basically inviting forms [2:24:43] of disaster capitalism and I'm [2:24:43] very worried. [2:24:44] We have to really hold the line [2:24:48] and and continue our best [2:24:49] practices in light of really [2:24:52] horrific events. [2:24:53] Good luck how we can do that [2:24:54] and I hope we can address this [2:24:57] current issue if there can be [2:24:58] good secret practices to [2:24:58] involved with it that we don't [2:25:02] have to be afraid to involve [2:25:02] them. [2:25:03] I'm sorry to say that I don't [2:25:07] want to hurt the people who are [2:25:08] wanting to build a home here [2:25:08] but I'm sorry your time has [2:25:09] concluded. [2:25:12] >> Any additional comments Can [2:25:12] be emailed in. [2:25:13] Also there was for the record [2:25:14] no public comment submitted via [2:25:17] e comment for this item. [2:25:18] Thank you. [2:25:18] All right. [2:25:19] Thank you, Clark. [2:25:19] Well now I'll take [2:25:21] Councilmember questions and [2:25:22] comments, entertain a motion [2:25:22] and we'll start with [2:25:23] Councilmember Campbell. [2:25:26] Thank you. [2:25:27] >> Council PRESIDENT. [2:25:30] This is in my district District [2:25:30] two and this is further [2:25:34] vacation of an area that was [2:25:35] previously vacated where [2:25:39] the city had wanted to have a [2:25:40] street go through to Rosecrans. [2:25:44] I think it's an excellent idea [2:25:44] . [2:25:45] i think the plan to build a [2:25:46] structure there in such a way [2:25:50] so that that is possible is a [2:25:54] is a good idea and so I would [2:25:55] like to make a motion to [2:25:56] approve staff's recommendation. [2:25:56] Thank you. [2:25:59] All right. [2:26:00] Thank you. [2:26:00] We have a motion by [2:26:01] Councilmember Campbell. [2:26:02] We'll go next to Councilmember [2:26:02] Whitburn. [2:26:04] Happy to Second Councilmember [2:26:04] Campbell's motion. [2:26:05] All right. [2:26:08] You know, seeing nobody else on [2:26:09] the lights, we have a motion by [2:26:10] Councilmember Campbell to move [2:26:12] the staff recommendation a [2:26:13] second by council member [2:26:13] Whitburn. [2:26:15] >> Clerk please call the roll I [2:26:16] sorry the voting system. [2:26:25] Please cast your vote. [2:26:30] >> That motion passes [2:26:31] unanimously 8 to 0 with Council [2:26:32] member Isla Rivera absent. [2:26:35] Thank you. [2:26:36] All right. [2:26:36] Thank you staff. [2:26:39] So with that clerk please [2:26:40] introduce item 331. [2:26:40] >> Item 331 is the San Diego [2:26:44] Municipal Code amendment to [2:26:45] section 131.0431. [2:26:49] Development Regulations Table [2:26:52] 130 1-04d Related to rs-1-2 [2:26:52] zones in the Encanto [2:26:56] neighborhood and southeastern [2:26:57] San Diego Community Planning [2:26:57] Areas Process five. [2:27:02] If you'd like to speak to this [2:27:02] item please be sure to submit [2:27:03] your speaker slip to the high [2:27:06] lectern If you are participate [2:27:07] remotely press star nine or [2:27:08] the raise your hand icon. [2:27:08] Thank you. [2:27:08] All right. [2:27:11] Clerk Staff please introduce [2:27:12] yourself the records and tell [2:27:16] us how much time you need. [2:27:16] Thank you. [2:27:17] Council PRESIDENT Staff which [2:27:17] need program manager with [2:27:19] the City Planning department [2:27:20] will need approximately ten [2:27:20] minutes. [2:27:21] All right. [2:27:21] Please proceed when you're [2:27:21] ready. [2:27:22] Good morning. [2:27:25] My name is Jeff Whitney. [2:27:26] I'm a program manager with [2:27:26] the city Planning Department. [2:27:28] Joining me are planning [2:27:29] director Heidi Von Blum, deputy [2:27:30] Director Tate Galloway, [2:27:34] principal planner Liz Side [2:27:34] Canyon and senior planner Sam [2:27:35] Solis. [2:27:38] The item today is an amendment [2:27:42] to the San Diego Municipal Code [2:27:43] Section 13104312 [2:27:44] The Development Regulations for [2:27:44] Residential Zones. [2:27:50] Table 131-04d2 Repeal Footnote [2:27:51] seven which reduces the minimum [2:27:55] lot size for the rs one to [2:27:59] zones from 20,000ft to 5000ft [2:28:00] and applies the development [2:28:00] regulations of the r. [2:28:04] S17 zone to subdivisions in [2:28:04] the Encanto neighborhoods and [2:28:05] southeastern San Diego [2:28:09] community planning areas. [2:28:09] I would like to note that a [2:28:10] revised California [2:28:13] Environmental Quality Act [2:28:14] Section 15162 memorandum was [2:28:18] added to the docket today. [2:28:18] This memorandum memorandum [2:28:19] clarifies that with or without [2:28:22] footnote seven any subdivision [2:28:23] exceeding four dwelling units [2:28:27] per acre would not be permitted [2:28:27] as it would be inconsistent [2:28:28] with the land use designation [2:28:29] in the Encanto neighborhoods [2:28:34] Community Plan City Planning [2:28:39] Department staff is proposing [2:28:40] the removal of Footnote seven [2:28:40] from the San Diego Municipal [2:28:44] Code Footnote seven [2:28:44] specifically applies [2:28:48] the development regulations of [2:28:49] the year one seven zone for [2:28:49] subdivisions in the rc one to [2:28:52] zone within the Encanto [2:28:53] neighborhoods in southeastern [2:28:54] San Diego Community planning [2:28:57] areas There are several [2:28:58] legislative actions associated [2:29:02] with Footnote seven that [2:29:03] provide the background for [2:29:04] the adoption of the footnote [2:29:07] and the need for its removal. [2:29:08] The Encanto Neighborhoods [2:29:08] Community Plan was adopted by [2:29:12] the City Council on NOVEMBER [2:29:12] 16th, 2015. [2:29:13] The Community Plan update [2:29:17] designated The area outlined in [2:29:18] red on the left side as [2:29:22] residential very low allowing [2:29:23] between 0 and 4 homes per acre [2:29:27] Portions of the area designated [2:29:28] for residential very low shown [2:29:28] in the map on the right of [2:29:29] the screen outlined with [2:29:32] the red dashed line designated [2:29:33] the community plan for [2:29:34] residents for residential very [2:29:37] low were zoned rs12 which [2:29:38] limits lot sizes to 20,000ft [2:29:40] allowing approximately two [2:29:49] homes per acre. [2:29:50] On DECEMBER 17th 2019 the City [2:29:51] Council approved the 12th [2:29:51] update Phase two to the Land [2:29:54] development Code Introducing [2:29:55] Footnote seven. [2:29:55] This amendment reduced [2:30:00] the requirement lot size in [2:30:00] the r. [2:30:01] S one to zone within [2:30:01] the Encanto neighborhoods in [2:30:04] southeastern San Diego [2:30:04] Community planning areas from [2:30:07] 20,000ft to 5000ft. [2:30:08] This action did not modify [2:30:09] the single family zoning for [2:30:13] those lots or the requirement [2:30:13] that the subdivision still be [2:30:14] consistent with the community [2:30:16] plan density of four units per [2:30:24] acre. [2:30:25] On DECEMBER 13th, 2021 the City [2:30:26] Council approved the 2021 Land [2:30:29] Development Code update which [2:30:30] amended Footnote seven. [2:30:31] This amendment applied [2:30:35] the development regulations of [2:30:35] the rs one seven base zone [2:30:36] which includes reduced minimum [2:30:39] lot dimensions and setback [2:30:39] requirements consistent with a [2:30:40] 5000 square foot minimum lot [2:30:43] area. [2:30:44] However to be consistent with [2:30:45] the community plan proposed [2:30:46] subdivisions cannot exceed [2:30:48] the community plan's density of [2:30:52] four units per acre. [2:30:53] >> Footnote seven was presented [2:30:58] at the Community Planners [2:30:58] Committee and at public [2:30:59] workshops for both citywide [2:31:02] land development code updates [2:31:03] as a land use decision that [2:31:04] affected that only affected two [2:31:07] communities The prior [2:31:07] amendments should have been [2:31:08] directly discussed with [2:31:08] the affected communities and [2:31:12] reviewed to determine if [2:31:12] Footnote seven should apply [2:31:13] citywide to ensure consistent [2:31:17] application of development [2:31:17] regulations. [2:31:18] Today the City Planning [2:31:18] Department is proposing to [2:31:22] amend the municipal Code by [2:31:25] removing Footnote seven from [2:31:25] table 13104d. [2:31:26] This will ensure the consistent [2:31:30] application of development of [2:31:35] the s12 zone citywide Repealing [2:31:40] footnote seven would restore [2:31:41] the 20,000 square foot lot [2:31:44] minimum lot size in the r. [2:31:44] S12 zone in the Encanto [2:31:45] neighborhoods and southeastern [2:31:48] San Diego community planning [2:31:48] area. [2:31:49] This change would apply [2:31:49] consistent citywide regulations [2:31:53] for the zone development [2:31:53] project. [2:31:54] Applicants could still request [2:31:55] to rezone to achieve [2:32:01] the community plan densities. [2:32:01] >> The proposed amendment to [2:32:06] remove footnote seven would [2:32:07] decrease the allowed [2:32:07] development potential in [2:32:08] the affected communities but [2:32:11] would result in the same [2:32:12] development potential assumed [2:32:12] in the community Plan Update [2:32:14] adopted in 2015. [2:32:15] The r. [2:32:15] S12 zone density would be [2:32:19] within the range of the land [2:32:20] use designation in the adopted [2:32:29] community plan as fair housing [2:32:29] and redlining have been [2:32:30] discussed at hearings related [2:32:32] to Footnote seven the City [2:32:33] Planning Department wanted to [2:32:34] provide a clarification of [2:32:37] the definition of fair housing [2:32:38] and how it applies to Footnote [2:32:39] seven California Government [2:32:42] Code requires all public [2:32:43] agencies in California to [2:32:43] affirmatively further fair [2:32:47] housing affirmatively [2:32:48] furthering fair housing is [2:32:48] defined as taking meaningful [2:32:49] actions to address significant [2:32:51] disparities in housing needs [2:32:52] and access to opportunities. [2:32:56] This includes replacing [2:32:57] segregated living patterns with [2:32:58] truly integrated balanced [2:33:01] communities transforming [2:33:02] racially and ethnically [2:33:03] concentrated areas of poverty [2:33:06] into areas of opportunity and [2:33:07] fostering and maintaining [2:33:08] compliance with civil rights [2:33:11] and fair housing laws. [2:33:12] Although the process by which [2:33:13] Footnote seven was adopted did [2:33:16] not represent planning [2:33:17] practices procedurally it did [2:33:18] not lead to outcomes that do [2:33:21] not affirmatively further fair [2:33:22] housing. [2:33:22] Footnote seven allows [2:33:25] additional market rate single [2:33:26] family homes in low resource [2:33:27] communities consistent with [2:33:27] planning densities in [2:33:31] the community plan and does not [2:33:31] contradict fair housing [2:33:32] principles. [2:33:36] Fair housing includes expanding [2:33:36] housing opportunities including [2:33:37] more opportunities for [2:33:40] homeownership and improving [2:33:41] access to access to resources [2:33:42] rather than restricting [2:33:46] specific types of home [2:33:46] development. [2:33:47] Additionally, redlining was [2:33:47] historically used to deny [2:33:51] opportunity for homeownership. [2:33:52] The adoption of the footnote [2:33:52] allows for more homeownership [2:33:55] opportunities and therefore is [2:34:00] not a form of redlining. [2:34:05] >> The proposed amendment to [2:34:05] remove footnote seven would [2:34:06] decrease the allowed [2:34:06] development potential from [2:34:09] approximately 642 single family [2:34:13] homes to 177 homes which is a [2:34:14] difference of 465 single family [2:34:18] homes on lots zoned as one to [2:34:18] within the Encanto [2:34:19] neighborhoods. [2:34:22] This change in development [2:34:23] potential was calculated by [2:34:23] applying the community plan [2:34:27] land use density and minimum [2:34:28] lot size required with or [2:34:32] without the footnote using [2:34:32] the existing community plan [2:34:33] designation of four units per [2:34:33] acre. [2:34:36] The Southeastern San Diego [2:34:37] Community Plan area does not [2:34:37] have any change to [2:34:38] the development potential since [2:34:41] there are not any zone any lots [2:34:42] zoned rs one two in [2:34:46] the community. [2:34:51] >> The state requires the city [2:34:51] to identify if there are enough [2:34:52] remaining sites in its housing [2:34:55] element adequate sites [2:34:56] inventory to meet the allocated [2:34:56] housing goals. [2:35:00] If a site identified in [2:35:01] the inventory is rezone and [2:35:01] that rezone would result in a [2:35:05] reduction of housing capacity [2:35:06] the general plan housing [2:35:09] element 2021 through 2029 [2:35:10] Adequate sites inventory [2:35:13] included sites zoned rs12 in [2:35:14] the Encanto neighborhood's [2:35:14] community planning area. [2:35:18] These sites were addressed or [2:35:19] assessed based on [2:35:19] the development potential [2:35:22] allowed under the rc one to [2:35:23] base zone regulations. [2:35:25] Without considering Footnote [2:35:26] seven Therefore repealing [2:35:26] footnote seven would not reduce [2:35:30] the residential density of any [2:35:31] lot identified in the adequate [2:35:32] sites inventory below its [2:35:34] current allocation toward [2:35:35] meeting the regional housing [2:35:39] need. [2:35:44] The California Government Code [2:35:45] does not allow a city to change [2:35:46] the general plan or community [2:35:49] plan land use designation and [2:35:50] or zoning of a property to a [2:35:53] less intensive use or reduce [2:35:54] the intensity of land use [2:35:55] within an existing land use [2:35:55] designation or zoning below [2:35:59] what was allowed under the land [2:35:59] designation and zoning in [2:36:03] effect on JANUARY 1st, 2018. [2:36:04] The proposed repeal of [2:36:08] the footnote would allow 465 [2:36:09] fewer single family homes on [2:36:13] lots zoned rs1 to within [2:36:14] the Encanto neighborhoods [2:36:14] community plan area. [2:36:18] This provision of state law [2:36:18] would not be applicable as [2:36:21] footnote seven was approved on [2:36:22] DECEMBER 17th 2019 and amended [2:36:23] on DECEMBER 13th 2021. [2:36:27] The removal of footnote seven [2:36:27] would result in the same [2:36:28] intensity of the Encanto [2:36:32] neighborhoods community plan [2:36:33] land use and the rc one two [2:36:36] zone that was adopted on [2:36:36] NOVEMBER 16th, 2015 and in [2:36:44] effect on JANUARY 1st, 2018. [2:36:44] >> When a housing development [2:36:45] application is submitted and [2:36:49] deemed complete project is [2:36:50] entitled to be reviewed and [2:36:51] processed under the rules and [2:36:55] regulations in effect at [2:36:56] the time of submittal. [2:36:56] Any changes to the regulations [2:37:00] after the application is deemed [2:37:01] complete do not apply to [2:37:01] the project. [2:37:02] Even if the changes occur [2:37:04] before the project is fully [2:37:05] approved or the building permit [2:37:14] is issued, the effective date [2:37:15] of the ordinance to remove [2:37:15] Footnote seven would follow [2:37:19] the city's procedures and [2:37:20] the ordinance would have to [2:37:20] take effect 30 days after [2:37:24] the mayor's signature on [2:37:24] NOVEMBER 18th. [2:37:29] The choice Valley Community [2:37:30] Planning Group received a staff [2:37:30] presentation on the City [2:37:31] Planning Department [2:37:33] recommendation to amend [2:37:34] the municipal Code to remove [2:37:34] Footnote seven. [2:37:35] The planning group unanimously [2:37:38] passed the following motion to [2:37:39] have the mayor issue an [2:37:40] executive order that one no [2:37:43] city official department or [2:37:44] subdivision of the city [2:37:44] administration approval of any [2:37:48] project Reliant on footnote [2:37:49] seven whether past, present or [2:37:51] future and to footnote seven is [2:37:52] deemed invalid and without [2:38:00] effect on NOVEMBER 20th 2020 [2:38:01] for the Community Planners [2:38:02] Committee unanimously passed a [2:38:10] similar motion as described in [2:38:11] the staff report. [2:38:12] The Municipal Code regulations [2:38:14] adopted by the city Council [2:38:15] through a publicly notice [2:38:16] process remain in effect and [2:38:19] must be enforced and applied [2:38:20] under the City Charter. [2:38:20] The legislative authority to [2:38:21] adopt or repeal such [2:38:24] regulations resides exclusively [2:38:25] with the City Council. [2:38:26] A mayoral executive order [2:38:30] directing staff not to apply [2:38:30] these adopted regulations would [2:38:34] undermine the City Council's [2:38:35] legislative authority violating [2:38:36] the separation of powers [2:38:39] outlined in the city charter [2:38:40] and could constitute an illegal [2:38:41] action in violation of the city [2:38:41] charter. [2:38:45] The municipal Code and State [2:38:45] law additionally retroactively [2:38:48] applying new requirements to [2:38:49] development project [2:38:50] applications already submitted [2:38:50] and in review could be a [2:38:53] violation of state law. [2:38:58] On DECEMBER 19th 2020 for [2:39:02] the Planning Commission voted [2:39:02] 5251 to recommend the City [2:39:03] Council approval of an [2:39:06] ordinance to repeal Footnote [2:39:10] seven from table 13104 [2:39:14] The Today staff is recommending [2:39:15] to adopt an amendment to [2:39:15] the San Diego Municipal Code [2:39:18] and Local Coastal Program [2:39:19] Development regulations for [2:39:20] residential zones. [2:39:26] Table 13104 The in section [2:39:27] 1310431 to remove footnote [2:39:28] seven This concludes staff's [2:39:32] presentation. [2:39:32] >> Thank you. [2:39:33] All right. [2:39:33] Thank you for the presentation. [2:39:36] Clerk Please proceed with [2:39:36] public comment. [2:39:37] >> Thank you. [2:39:40] We do have over 60 people who [2:39:41] would like to speak on this [2:39:41] item so it will be one minute [2:39:42] apiece. [2:39:45] I have some reserved seats in [2:39:46] the front in yellow when I call [2:39:46] your name. [2:39:49] If you can please come forward [2:39:50] to those reserved seats for [2:39:50] better meeting management. [2:39:51] That would be greatly [2:39:55] appreciated. [2:39:56] So the first speaker is Dan [2:40:01] Boileau or Jen Eastman. [2:40:02] Kathleen MacLeod. [2:40:02] MacLeod. [2:40:03] Marcelino DaSilva. [2:40:05] Allen Conrad and Vicki [2:40:05] Estrella. [2:40:06] If you can please come up to [2:40:07] those reserved seats And Dan [2:40:08] can come up to the microphone [2:40:21] please. [2:40:30] >> Dan, are you here? [2:40:35] MR. PRESIDENT, council members [2:40:36] and City Council My name is Dan [2:40:37] Boyd with D.R. Horton [2:40:41] representing speaking to [2:40:41] the matter this evening. [2:40:42] We've been with the community [2:40:46] for over two years advocating [2:40:46] our proposal which includes [2:40:49] about 123 units. [2:40:50] In doing so we applaud any [2:40:54] attention that deservedly goes [2:40:55] to the community plan. [2:40:56] The community plan is [2:40:59] the guarantee document. [2:41:00] It is the principle in which [2:41:01] footprints of communities are [2:41:05] established and developed. [2:41:05] If that community plan has [2:41:06] changed, so does the makeup of [2:41:09] that community. [2:41:10] Zoning does not do that. [2:41:11] The community plan does that. [2:41:14] I'm not here advocating Our [2:41:14] project is not subject to [2:41:15] the agenda But I would like to [2:41:19] say that it is possible to [2:41:19] provide housing under this [2:41:25] community plan within the 0 to [2:41:26] 4 d per acre and comply with [2:41:28] the community plan. [2:41:29] As such our project is a fine [2:41:30] example of that. [2:41:34] It was deemed complete under [2:41:35] the community plan and zoning [2:41:36] which allows for time has [2:41:39] concluded. [2:41:39] Thank you. [2:41:40] Thank you for that. [2:41:41] Provide opportunities for new [2:41:41] housing. [2:41:42] Thank you Jen. [2:41:47] Easement. [2:41:48] >> Hi my name is Janet Eastman. [2:41:52] You might recognize me as a [2:41:52] resident who advocates for [2:41:53] the relocation of the proposed [2:41:57] Fairmount Fire Station. [2:41:57] But no. [2:41:58] Seven is a piece of the same [2:41:58] puzzle. [2:41:59] If further highlights [2:42:02] the inequities of the region of [2:42:03] this region of the city, I [2:42:03] think that city council and I'm [2:42:07] not sure who to point a finger [2:42:08] at looks at a map and says Look [2:42:09] there's a green space [2:42:11] capitalism and let's build [2:42:11] something massive like a [2:42:12] housing development or [2:42:16] apartment buildings that share [2:42:17] a parking lot with a library or [2:42:17] a four story fire station. [2:42:21] It's never this area needs a [2:42:22] park or a trail or an open [2:42:22] green space. [2:42:26] The inequity inequity will [2:42:26] continue to persist in our [2:42:27] communities unless we come [2:42:30] together and take targeted [2:42:30] consistent action. [2:42:31] MR. Foster we are counting on [2:42:35] you to represent our needs, [2:42:36] take immediate action and [2:42:36] remove the betrayal of Footnote [2:42:37] seven in District four. [2:42:39] Thank you. [2:42:40] I yield my time. [2:42:49] Kathleen Good afternoon. [2:42:49] >> Council PRESIDENT LaCava, [2:42:54] Henry Foster and other council [2:42:55] members I'm Kathleen McCloud [2:42:58] have owned my home in Encanto [2:42:58] for 30 years and received [2:42:59] occasional notices of public [2:43:02] hearings affecting my property [2:43:03] interest. [2:43:07] However, I wasn't notified when [2:43:07] the Planning Commission [2:43:08] considered a rezoning in [2:43:12] Emerald Hills that also applied [2:43:13] to my property in yet another [2:43:13] neighborhood. [2:43:16] Footnote seven Not only [2:43:16] rezoning a parcel to benefit [2:43:20] the developer it rezoning 19% [2:43:21] of very low density land in our [2:43:25] planning area without affording [2:43:26] hundreds of property owners due [2:43:30] process rights to be informed [2:43:31] and heard. [2:43:31] The major scheme the major [2:43:34] scheme took away our unique [2:43:35] semi-rural community character. [2:43:39] Without a community plan [2:43:40] amendment as required by our [2:43:43] information Bulletin 517I [2:43:44] respectfully urge you to repeal [2:43:44] Footnote seven. [2:43:48] Halt projects in the pipeline [2:43:48] as asserted by community [2:43:53] standards. [2:43:54] And thank you for that [2:43:54] concluding comment process. [2:43:55] Thank you for that Calling upon [2:44:03] Marcelino. [2:44:03] >> Good afternoon. [2:44:04] My name is Marcelino de Silva. [2:44:08] Our community of encounter has [2:44:08] seen time and time again [2:44:09] the disregard of our leaders [2:44:10] when it comes to common sense [2:44:13] practices used elsewhere in [2:44:13] the city. [2:44:14] In our area we have no [2:44:16] sidewalks, no proper street [2:44:17] lighting, irregular roads and [2:44:18] most of these roads are in [2:44:18] deplorable condition. [2:44:22] Last year we had floods after [2:44:23] heavy rainfall that debilitated [2:44:23] our trolley system and [2:44:27] destroyed interior of homes [2:44:28] around it. [2:44:28] Encounter now seems to be [2:44:31] the new land buy in El Dorado [2:44:32] for investors who want to [2:44:33] maximize their profits by [2:44:36] building as many ag use and [2:44:37] junior ag use units that our [2:44:38] city or loopholes will allow. [2:44:42] No traditional rules apply for [2:44:43] these newly proposed [2:44:43] developments. [2:44:44] No onsite parking, no regard to [2:44:47] traditional fire codes, no [2:44:47] environmental impact reports [2:44:48] and no egress plan for [2:44:52] the neighborhood taken into [2:44:52] consideration. [2:44:53] Our petition has been signed by [2:44:56] more than 500 residents and [2:44:57] continues to grow daily. [2:44:57] We are certain that our numbers [2:45:00] will be in the thousands when [2:45:00] our local elections happens and [2:45:01] we are going to remember who [2:45:02] stood by us. [2:45:06] >> Thank you Alan Connor. [2:45:06] >> After that will be Wiki [2:45:10] Australia and then after that [2:45:11] if I can have the following [2:45:11] individuals come up. [2:45:15] Lucy Price Martha Abraham and [2:45:15] Evelyn Smith and returns These [2:45:19] are heavier. [2:45:19] Please continue. [2:45:20] I think I just heard [2:45:21] the gentleman say that it would [2:45:24] be illegal to stop [2:45:25] the developments on on radio [2:45:29] and clobber but I think it's it [2:45:30] was illegal the way that this [2:45:34] footnote was inserted and no [2:45:35] one is taking accountability on [2:45:35] this board of how it arrived [2:45:38] there And who put it there and [2:45:39] why. [2:45:39] And so that's what I would [2:45:40] like. [2:45:43] I think that's a more illegal [2:45:44] situation than idea that [2:45:48] stopping the h r Horton [2:45:49] development is illegal. [2:45:53] Y'all got caught and y'all need [2:45:54] to be take accountability And I [2:45:57] want to hear who is who put [2:45:57] this stuff there. [2:46:00] That's what I care about [2:46:05] because Ryan. [2:46:10] >> Good afternoon. [2:46:11] >> Council members Like most of [2:46:12] the people in this room I [2:46:12] oppose staff's recommendation [2:46:15] as proposed. [2:46:16] Footnote seven should be [2:46:17] removed but must include [2:46:20] the nullification of any and [2:46:21] all projects resulting from its [2:46:25] unlawful insertion into city [2:46:25] code. [2:46:26] By targeting only our [2:46:27] under-resourced community. [2:46:30] City staff violated fair [2:46:31] housing law. [2:46:31] Yeah they violated a law [2:46:35] because you cannot discriminate [2:46:36] against a community. [2:46:36] They ignored more affluent [2:46:40] affluent communities and picked [2:46:41] one that they saw as [2:46:41] vulnerable. [2:46:45] They also skirted public [2:46:46] transparency and input [2:46:46] requirements by sneaking this [2:46:49] footnote into the code behind [2:46:50] closed doors. [2:46:54] Please do not be swayed by [2:46:55] the justifications you hear [2:46:56] from the Planning Department. [2:46:59] They are meant to distract and [2:47:00] confuse. [2:47:00] The core issue here is that [2:47:04] they committed a bad act. [2:47:05] Do not cosign on their [2:47:09] discrimination on their on [2:47:09] their deception. [2:47:10] Stop it now please. [2:47:13] Thank you for that Concluding [2:47:13] remark. [2:47:14] >> Lucy. [2:47:18] Lucy Price. [2:47:19] Good afternoon. [2:47:20] Thank you so much for allowing [2:47:24] me to speak. [2:47:24] My name is Lisa. [2:47:25] I'm so sorry. [2:47:25] What I do. [2:47:26] If you could just move speaking [2:47:27] to the microphone more. [2:47:27] >> Oh, okay. [2:47:32] Sorry. [2:47:32] My name is Lucy Price. [2:47:33] My family has owned [2:47:40] the property at 6608 Wonderland [2:47:41] since 1907. [2:47:42] Four generations in my family [2:47:46] have attended Encanto [2:47:46] Elementary School. [2:47:50] I walked to school on bare dirt [2:47:51] . [2:47:51] My mother walked to school on [2:47:55] 60th on bare dirt back in 1925. [2:48:00] My father walked to school on [2:48:00] bare dirt. [2:48:05] When he went to Encanto your [2:48:05] plan with this footnote will [2:48:09] destroy habitat immensely. [2:48:14] And I want you to remember that [2:48:14] bats are federally protected [2:48:15] animals. [2:48:18] Here is no plan to protect [2:48:19] the habitat and the animals. [2:48:22] >> Thank you. [2:48:27] >> Thank you, Martha. [2:48:27] You have time seated. [2:48:28] If they can please raise their [2:48:29] hands. [2:48:29] Brandon Becerra. [2:48:32] Thank you. [2:48:32] Canyon Becerra. [2:48:37] Charles Douglas. [2:48:41] Leo the Christa Fishman Myra [2:48:41] Ramirez. [2:48:46] I am leader Arthur Jackson and [2:48:47] Becky Right. [2:48:47] Rebecca Ryan. [2:48:51] Sorry. [2:48:52] I'll have ten minutes. [2:48:52] Please proceed. [2:48:53] My name is Martha Abraham and I [2:48:56] live in Emerald Hills and I'm [2:48:57] speaking on the record. [2:49:00] I want to first address [2:49:01] the rhetoric around the housing [2:49:02] crisis If not seven was [2:49:05] implemented citywide. [2:49:06] Yes, this would be a housing [2:49:07] crisis conversation but because [2:49:09] it only affected one [2:49:10] neighborhood it is no longer a [2:49:10] housing conversation. [2:49:14] Our community plan in 2015 had [2:49:15] increased density by 39% not [2:49:19] including four No. [2:49:20] Seven and the bonus to use We [2:49:21] already have allocated [2:49:24] the space to increase our [2:49:25] density that still honors our [2:49:25] community plan. [2:49:29] We have increased density in [2:49:30] one of the most affordable [2:49:33] areas in San Diego by 39%. [2:49:34] Therefore we are creating [2:49:38] homeownership opportunities [2:49:39] based on our 2015 plan. [2:49:43] We are not against housing [2:49:44] again, we are not against [2:49:44] housing. [2:49:49] These laws have been zoned for [2:49:49] housing. [2:49:50] We welcome housing that is in [2:49:51] accordance with our community [2:49:54] and general plan and requires [2:49:54] developers to apply the same [2:49:58] zoning laws in place for [2:49:59] the rest of the city of San [2:49:59] Diego. [2:50:00] A housing crisis is being [2:50:03] weaponized to destroy our [2:50:03] community and violate our [2:50:04] community plan. [2:50:08] There's a process in place for [2:50:09] a reason by weaponizing [2:50:09] the housing crisis. [2:50:13] You are violating the process [2:50:13] that ensures there is equity, [2:50:18] justice and fair treatment. [2:50:18] The staff report on JANUARY [2:50:19] 10th stated. [2:50:21] Footnote seven is not illegal. [2:50:21] It's not racist, not [2:50:22] discriminatory. [2:50:23] It does not violate fair [2:50:26] housing in fact it [2:50:26] affirmatively furthers fair [2:50:27] housing. [2:50:29] So why are we getting rid of it [2:50:30] ? [2:50:34] >> >> The city attorney's memo [2:50:35] On JANUARY 22nd our newly [2:50:36] elected city attorney Heather [2:50:40] Ferber states that without full [2:50:41] analysis of the impacts of [2:50:41] where higher density would [2:50:45] apply, it is unknown if [2:50:46] the application of footnote [2:50:46] seven citywide would conflict [2:50:49] with the city's climate action [2:50:53] plan by increasing that density [2:50:54] in areas without access to [2:50:54] transit. [2:50:55] It would also need to be [2:50:59] analyzed for consistency with [2:51:00] the general plan and applicable [2:51:04] community plans. [2:51:04] Application of Footnotes seven [2:51:05] Citywide would require an [2:51:08] amendment to the municipal Code [2:51:09] and would require secure [2:51:13] environment title review. [2:51:18] >> So in order for for this to [2:51:19] be applied citywide all these [2:51:23] things need to be considered. [2:51:24] Where these things considered [2:51:24] when they were implemented in [2:51:28] Encanto. [2:51:32] >> So why is it that this has [2:51:33] to be done applied citywide but [2:51:37] not in Encanto? [2:51:38] Footnote seven does not require [2:51:42] developers to do what air [2:51:43] because they are not rezoning [2:51:44] the land under footnote seven. [2:51:46] But the lots where we zoned [2:51:51] with footnote seven So why [2:51:51] didn't that trigger air? [2:51:56] Where's our air? [2:51:57] There's no air to support [2:52:01] the zoning change and there is [2:52:02] no due process. [2:52:02] But you are still going to [2:52:03] allow these projects to [2:52:06] continue. [2:52:07] >> Going back to the city [2:52:12] attorney's memo, if you look at [2:52:12] the document closely you will [2:52:16] see another footnote Footnote [2:52:17] to that footnote states other [2:52:21] community concerns raised [2:52:25] include process follow to amend [2:52:26] Table 131-04d2 add footnote [2:52:30] seven and effectively rezone [2:52:33] from rs one two to rs one [2:52:33] seven. [2:52:34] We just said that a sequel [2:52:38] would be required for rezoning [2:52:39] and you said here again that [2:52:42] those areas were rezone. [2:52:47] >> So again where is the air [2:52:47] possible conflict? [2:52:48] It continues to say possible [2:52:52] conflict with the Encanto [2:52:52] community plan regarding park [2:52:53] spaces. [2:52:56] Possible conflict with [2:52:57] the equity environmental [2:52:58] justice elements of the city's [2:53:02] general plan and and the best [2:53:02] part. [2:53:07] Violation of the California [2:53:07] Environmental Quality Act [2:53:08] sequel. [2:53:12] Again, where is the air? [2:53:13] Because right here she just [2:53:17] said it violates it. [2:53:17] Even though this footnote has [2:53:22] violated secure, you are still [2:53:23] going to allow these projects [2:53:27] to proceed If for No. [2:53:28] Seven violated sequel all these [2:53:28] projects also violate secure [2:53:31] these projects are the at [2:53:32] the very least should require [2:53:36] should be required to do a [2:53:37] sequel environmental review [2:53:37] because those lots have been [2:53:41] rezone and a sequel [2:53:42] environmental review is [2:53:42] required. [2:53:45] The last sentence of this [2:53:46] footnote states those issues [2:53:50] are not addressed in this [2:53:50] memorandum This memorandum. [2:53:55] So where's the memorandum where [2:53:56] they're addressed and why [2:53:57] hasn't that memo been provided [2:54:02] to the public? [2:54:03] >> There is a critical piece [2:54:03] that is missing from today's [2:54:06] conversation and that is to [2:54:07] stop any project that is using [2:54:08] footnote seven for approval [2:54:11] that have already submitted an [2:54:12] application. [2:54:12] I hope someone can make a [2:54:16] motion to add an amendment to [2:54:21] not allow any project to use [2:54:22] but No seven no matter where [2:54:22] they are in the process. [2:54:25] We keep bringing up legal [2:54:26] implications where the legal [2:54:28] implications considered when [2:54:33] Footnote seven was passed No [2:54:34] because y'all didn't think we [2:54:35] were going to find it. [2:54:39] Let alone sue you over it. [2:54:43] >> Either way you will pay. [2:54:44] You can have blood on your [2:54:45] hands or you can do the right [2:54:48] thing. [2:54:49] Doing the right thing is [2:54:50] defined as making a motion to [2:54:53] add an amendment to not allow [2:54:54] any projects to use for No. [2:54:57] Seven no matter where they are [2:54:57] in the process. [2:55:02] I want you all to also [2:55:02] understand the laws codes but [2:55:03] notes and projects you approve [2:55:06] are feeding into structural [2:55:06] racism whether you know it or [2:55:07] not. [2:55:07] Structural racism pushes [2:55:10] the agenda to destroy black [2:55:11] families and black communities [2:55:12] but No seven does does exactly [2:55:16] that taking away our park [2:55:16] space, taking away our native [2:55:17] grasslands, destroying our [2:55:20] natural habitats, furthering [2:55:21] polluting our air, destroying [2:55:25] our infrastructure that is [2:55:25] already broken. [2:55:26] And most of all it's creating a [2:55:29] safety hazard. [2:55:30] We know that our neighbor [2:55:31] neighborhoods suffer from [2:55:35] systemic racism that is [2:55:35] perpetrated by racist policy [2:55:39] and zoning. [2:55:40] Racism and racial inequality [2:55:41] will continue to perpetuate in [2:55:45] our communities if we do not [2:55:46] collectively commit to targeted [2:55:46] and consistent action. [2:55:49] Though our laws are much less [2:55:50] explicitly racist today our [2:55:55] public and private institutions [2:55:55] continue to discriminate [2:55:56] against people of color. [2:55:58] I know no one likes to be [2:55:59] called racists but we all have [2:56:03] a bias and sometimes our biases [2:56:03] are rooted in racist beliefs [2:56:04] and we MAY and we MAY not even [2:56:08] be aware of it. [2:56:09] Racism is perpetuated through [2:56:09] the people and until we address [2:56:13] our own biases the cycles [2:56:13] continue. [2:56:14] i am convinced that there is a [2:56:18] greater agenda to destroy and [2:56:19] oppress people of color and [2:56:23] addressing structural racism is [2:56:23] no one's priority. [2:56:24] We have been dehumanized. [2:56:28] You do not see us. [2:56:29] >> You do not hear us. [2:56:29] Our community is under attack [2:56:33] from the mayor's office, from [2:56:34] dsd, the planning department [2:56:38] and our own city council member [2:56:38] . [2:56:39] You cannot ignore what's going [2:56:43] on in other districts because [2:56:43] it's not your district or [2:56:44] because it doesn't primarily [2:56:45] affect you and your community. [2:56:47] You are all in positions of [2:56:48] leadership. [2:56:48] It is your duty to serve [2:56:49] the people and look out for [2:56:55] their best interests. [2:56:59] This is a monumental moment one [2:57:00] that will be document added as [2:57:01] part of our history. [2:57:04] How will you how will your vote [2:57:04] be documented? [2:57:09] How will your vote be perceived [2:57:09] ? [2:57:10] I encourage all of you to visit [2:57:10] our neighborhood. [2:57:13] Any one of us will give you a [2:57:13] tour. [2:57:14] If you can see the devastation [2:57:17] that is occurring with your own [2:57:18] eyes, you cannot deny what we [2:57:22] are saying. [2:57:26] I leave you with this question [2:57:26] . [2:57:27] >> Would you allow this to [2:57:31] happen in your district? [2:57:36] >> If the answer is no, I ask [2:57:37] you to make a motion to add an [2:57:38] amendment to not allow any [2:57:42] projects to use footnote seven [2:57:42] no matter where they are in [2:57:43] the process. [2:57:46] I know that you MAY not want to [2:57:47] step on Henri's toes but if he [2:57:51] doesn't make this motion I ask [2:57:52] one of you to stand up for [2:57:54] justice. [2:57:55] >> Equal protection and [2:57:59] fairness. [2:58:05] >> Next is Evelyn Smith. [2:58:05] >> Evelyn Smith You have time [2:58:09] ceded to you by Katie. [2:58:10] >> My name was Paul. [2:58:10] Yes. [2:58:11] You'll be combing your body. [2:58:14] Tenses are after Evelyn Smith [2:58:15] since there's a lot of them I'm [2:58:19] calling them all at once. [2:58:20] Please proceed. [2:58:20] Up to now Council PRESIDENT And [2:58:23] council member Henry Foster. [2:58:24] I am Evelyn Smith. [2:58:28] I live in Emery Hills which I [2:58:31] have lived there for 51 years [2:58:32] the entire time that I lived in [2:58:36] San Diego. [2:58:36] I have been involved with [2:58:37] the neighborhood council [2:58:41] the entire time and I have been [2:58:45] the council chair since 2015. [2:58:50] I currently reside on at least [2:58:51] ten boards and commissions so I [2:58:54] know the need of a community. [2:58:58] Yes we need houses but we don't [2:58:58] want 123. [2:59:03] I want community is a different [2:59:08] world from any other district [2:59:08] in the city. [2:59:12] You know our stormwater system [2:59:17] is in bad condition. [2:59:18] The mayor has told us there's [2:59:18] no funds to upgrade it. [2:59:23] Park has not had a darn thing [2:59:27] done to see if it was built in [2:59:27] the 60s. [2:59:31] We are living in a shambles and [2:59:32] to put that many homes and our [2:59:37] community they are not doing [2:59:41] anything about the traffic. [2:59:42] The school has put a cap on [2:59:42] enrollment. [2:59:47] So where it is chosen is gone. [2:59:50] There is no busses provided by [2:59:51] city schools anymore. [2:59:55] So before you vote to keep [2:59:56] footnote seven and to let [3:00:00] the developer go ahead with [3:00:01] that many homes think about a [3:00:06] movie the spot Buckley made [3:00:07] some years ago Do the right [3:00:11] thing for the people at Encanto [3:00:16] and do the right thing for all [3:00:16] of the people that you [3:00:21] represent not just one [3:00:22] community. [3:00:22] >> And I thank you. [3:00:25] Next desperate to have you and [3:00:26] Cesar Javier, if you can please [3:00:27] come up to the mic. [3:00:28] You'll have one minute each and [3:00:30] then if I can have [3:00:30] the following individuals [3:00:31] please come up to the yellow [3:00:31] reserved seats. [3:00:35] Becca Batiste. [3:00:35] Tiago Batiste. [3:00:39] Marge Orgel, Janine Salas and [3:00:39] then Kenny. [3:00:40] My apologies if I mispronounce [3:00:49] any names but it's all right. [3:00:50] Okay. [3:00:53] One minute. [3:00:57] I am privileged to have your [3:01:02] victim of toxicity West Bank [3:01:03] Choice Creek. [3:01:03] We are in opposition of [3:01:07] planning Department proposal. [3:01:08] We are requesting that City [3:01:12] Council modify the proposal [3:01:17] from the planning Department to [3:01:21] halt and deny any all projects [3:01:22] that have ever relied upon foot [3:01:27] not. [3:01:32] Please step down and be a brave [3:01:32] and free American someone who [3:01:36] really is fit to govern. [3:01:41] MR. Mayor or our CHAIRMAN [3:01:49] Environmental and free city [3:01:55] Council Council. [3:02:00] >> I am a witness since I was a [3:02:01] substitute teacher at Encanto [3:02:05] Elementary School I was [3:02:06] unmindful because I was [3:02:10] focusing on economics. [3:02:10] Work, work, work and earn. [3:02:15] Now I realize that from then on [3:02:16] I was so curious how governance [3:02:20] works and when my one year [3:02:24] attendance classmate Council [3:02:30] Rivera classmate Council or [3:02:33] Lacob usher at the San Diego [3:02:34] 350 we had a seminar there. [3:02:38] You handed the appreciation to [3:02:39] the bicyclist and environmental [3:02:42] advocate Clean Air. [3:02:43] The issue is a leadership [3:02:43] failure. [3:02:47] MAY we request our respectfully [3:02:48] to step down because we are [3:02:52] ready, brave and free [3:02:52] knowledgeable, sober solving [3:02:58] problem moguls. [3:02:58] >> Please step down. [3:02:59] Thank you for that comment, [3:03:04] Becca Battista. [3:03:05] >> Good afternoon. [3:03:09] Council. [3:03:10] I'm Becca Battista. [3:03:11] I am opposed to the overturn a [3:03:14] footnote seven as it stands and [3:03:14] I'm requesting that the City [3:03:15] Council modify the proposal to [3:03:18] halt and deny any and all [3:03:19] projects that have ever relied [3:03:19] upon. [3:03:20] Footnote seven. [3:03:23] Our community of Encanto has [3:03:24] been blatantly targeted with [3:03:25] unfair building practices [3:03:28] allowing developers [3:03:29] the opportunity to build these [3:03:30] large scale projects without a [3:03:30] single dime Going back to our [3:03:33] community or allowing us [3:03:34] the decency to review this [3:03:35] massive density increase and [3:03:38] complete 180 degree change from [3:03:38] our community plan. [3:03:43] How is it that our city is [3:03:43] giant with our city's giant [3:03:44] deficit? [3:03:44] You are allowing these projects [3:03:47] to be shouldered by a community [3:03:48] with such limited resources [3:03:49] allowing shoddy apartment [3:03:52] complexes to be approved [3:03:53] without proper impact fees and [3:03:54] environmental studies It is [3:03:54] deeply wrong. [3:03:57] Is your plan to just dump these [3:03:58] projects on the shoulders of [3:03:58] Encanto and just leave us to [3:04:02] figure it out after the fact? [3:04:02] The only explanation for this [3:04:03] is that there is a [3:04:06] collaboration between the city [3:04:07] and the developers. [3:04:08] We promise you that we will not [3:04:09] sit quietly as we have done all [3:04:12] these years. [3:04:13] >> Thank you for that [3:04:13] concluding comment. [3:04:21] Tiago, what is the. [3:04:22] I urge each of you to stop by [3:04:26] my house, my neighborhood, Your [3:04:27] neighborhood, MR. Foster. [3:04:31] This is your people right here. [3:04:32] We need your right now. [3:04:33] We're not We are not getting [3:04:35] heard by you and I. [3:04:36] Please, I urge you guys to walk [3:04:40] with us around our neighborhood [3:04:41] choosing a block worth of a [3:04:45] lots. [3:04:46] How the city is allowing [3:04:50] developers to destroy our [3:04:50] neighborhood. [3:04:55] I cannot think about any other [3:04:56] thing but one more time, MR. [3:04:56] Foster. [3:04:59] We do need you. [3:05:00] My doors are open for you. [3:05:04] I can have a coffee with you. [3:05:05] We can go around this [3:05:09] neighborhood and I challenge [3:05:10] you to walk to the trolley from [3:05:15] any of those properties. [3:05:15] Thank you, Marge. [3:05:20] Good. [3:05:21] >> Good afternoon, council [3:05:21] members. [3:05:25] I'm Marge Wargo, a happy [3:05:26] resident in Encanto. [3:05:30] For 40 years And I'm grateful [3:05:34] that it looks like footnote [3:05:35] seven is going to be removed. [3:05:39] But I want to ask you to please [3:05:40] amend that to be able to [3:05:45] prevent the Klauber project and [3:05:45] the Emerald Hills project from [3:05:46] moving forward. [3:05:49] We do not have [3:05:50] the infrastructure in our [3:05:54] community to be able to [3:05:55] increase the density as those [3:05:55] projects would do. [3:06:00] We don't have the road space. [3:06:00] The roads are a mess. [3:06:03] We don't have fire exits [3:06:04] adequate to large numbers of [3:06:04] people. [3:06:08] We're seeing what happens when [3:06:09] neighborhoods can't get out of [3:06:09] an area. [3:06:14] Please amend the staff report [3:06:19] and eliminate the permits for [3:06:24] the Klauber project and Emerald [3:06:24] Hills. [3:06:24] >> Thank you for that [3:06:25] concluding comment. [3:06:27] Jeanine Salas. [3:06:28] After that will be kind of key [3:06:29] and then after that if I can [3:06:33] have Andrea through Amelia [3:06:33] Meany, Susan Baldwin and Hazel [3:06:35] Higgins come up to those yellow [3:06:36] reserved seats. [3:06:41] >> Please proceed Along [3:06:41] the term these homes, these [3:06:45] single family homes, these [3:06:46] homes that they're talking [3:06:47] about are massive apartment [3:06:51] complexes proposing to be about [3:06:51] 500ft. [3:06:55] What kind of family can live in [3:06:55] a 500 square foot home? [3:06:59] I think what this footnote is [3:07:00] doing is setting a very [3:07:01] dangerous precedent for our [3:07:05] city, allowing special interest [3:07:05] groups and private investors to [3:07:09] exploit these backdoor tactics [3:07:10] and negotiations without any [3:07:14] kind of transparency, [3:07:14] accountability or due [3:07:14] diligence. [3:07:19] These proposed developments are [3:07:19] also exploiting these loopholes [3:07:20] that will bypass paying any [3:07:24] development impact fees. [3:07:25] Why would we do that when we're [3:07:25] in such a deficit? [3:07:29] I don't understand it. [3:07:30] That's the question we should [3:07:31] be asking is why wouldn't we [3:07:34] tax them? [3:07:35] Why wouldn't we take money from [3:07:35] investors that are going to [3:07:39] make so much money? [3:07:40] The Environmental Impact [3:07:43] reporters from 2015 Thank you [3:07:44] for that concluding comment. [3:07:47] >> Next is Canning Keith. [3:07:48] Can you have time seated if [3:07:49] the following individuals can [3:07:49] please raise their hand? [3:07:51] Sage Gonzalez Spalding. [3:07:56] Thank you Saatchi Eagleton or [3:08:00] thank you Peter Wilding. [3:08:01] Well, thank you. [3:08:06] Lisa Bezerra, Brian Poland and [3:08:08] Alex. [3:08:13] As you know, our Alex. [3:08:14] Oh, right there. [3:08:14] Okay. [3:08:14] Thank you. [3:08:15] You'll have seven minutes. [3:08:16] Please proceed. [3:08:18] Hello. [3:08:19] Hi. [3:08:19] My name is Kenny Key in [3:08:23] opposition of the current [3:08:24] reversal with As it stands you [3:08:27] need to remove that footnote [3:08:28] seven as well as stop [3:08:32] the projects and I love my [3:08:33] city. [3:08:34] You know I love my community. [3:08:37] It's a beautiful community and [3:08:38] I'm representing a lot of [3:08:38] people here. [3:08:39] I can't make it today. [3:08:42] Senior citizens from our [3:08:43] neighborhood I got an Air Force [3:08:43] background. [3:08:47] I work for the county of San [3:08:47] Diego five and a half years. [3:08:48] I've got thousands of hours of [3:08:52] flying in traffic and working [3:08:53] on repair and wrote for [3:08:53] the county of San Diego to plow [3:08:57] snow up in Julian Campo Alpine [3:09:01] Spring Valley Road Station work [3:09:01] 18 months on a striping crew. [3:09:02] I'm probably one of the most [3:09:05] qualified people in this room I [3:09:05] know to speak on traffic and [3:09:06] repair the roads. [3:09:06] Okay. [3:09:10] If you haven't done a job you [3:09:11] can't speak on it. [3:09:12] We need more people and [3:09:15] understand the damage that's [3:09:15] caused by traffic. [3:09:15] Okay. [3:09:16] On roads. [3:09:16] Okay. [3:09:22] So I want to speak to the fact [3:09:25] that you guys are casting [3:09:31] projects and and ideas that are [3:09:31] just that They're just ideas. [3:09:32] They're not proven, they're not [3:09:36] based on data or you know, any [3:09:36] kind of input that matters. [3:09:40] You know, it's just based on [3:09:41] you know, we're going to okay [3:09:41] build let's do it like this. [3:09:42] Okay? [3:09:45] And that is not best practices [3:09:46] We didn't elect you guys to get [3:09:50] up here and demand best [3:09:50] practices out of your staff and [3:09:55] your employees of the city But [3:09:56] you guys you don't hold [3:09:59] yourself to the same standards [3:10:00] when it comes to items that [3:10:00] crossed your desk on this vote [3:10:04] that require your vote. [3:10:05] You're going to you're going to [3:10:06] brush off the data that you [3:10:09] need to make educated decisions [3:10:10] on these projects that are [3:10:10] coming your way. [3:10:14] You go brush aside that [3:10:14] information. [3:10:15] I would say that's almost as [3:10:21] true in violation of your oath [3:10:21] . [3:10:22] >> Okay. [3:10:22] The last I checked people [3:10:26] developers don't vote. [3:10:30] They MAY give you some money [3:10:30] but that don't shouldn't [3:10:31] influence your decision making [3:10:35] up here to voting is necessary [3:10:40] But you're moral ethics and [3:10:44] integrity is what we want to We [3:10:45] put you up there today We need [3:10:45] champion leadership. [3:10:49] I remember George Stevens GOD [3:10:50] rest his soul. [3:10:50] He was our champion. [3:10:54] He said to Standards District [3:10:55] board He probably rolling over [3:10:59] right now with [3:11:00] the representation that we get. [3:11:05] Yeah I said it because I love [3:11:08] him on hills I love and care to [3:11:09] Right now we can We're trying [3:11:14] to take a video in a community [3:11:14] that can rewind the tape and [3:11:18] you guys as reset speeches [3:11:19] talking about Martin Luther [3:11:23] King and trying to align [3:11:23] yourself in your districts with [3:11:28] his values, his principles How [3:11:33] dare you come in here today and [3:11:33] defecate on his memory, his [3:11:37] legacy by allowing this project [3:11:42] to harm a black community? [3:11:43] >> Let's call it like let's [3:11:43] let's educate people Up until [3:11:47] late 60s in the hills had [3:11:47] redlining conditions. [3:11:48] We couldn't buy property up [3:11:51] there. [3:11:52] It used to be a golf course [3:11:52] Emerald Hill the churches was [3:11:56] the clubhouse okay We couldn't [3:11:57] even play up here Probably oc [3:12:01] is one of the more beautiful [3:12:02] locations in the city Don't [3:12:05] okay And you want to give it to [3:12:06] it to a developer at a state [3:12:11] developer who want to take dump [3:12:12] on our community with a shallow [3:12:14] vision for our community not a [3:12:15] shallow vision a 128 homes for [3:12:20] millionaires That's not what we [3:12:20] need. [3:12:21] >> We need sensible [3:12:25] comprehensive build and we [3:12:25] don't need edu edu's wood no [3:12:30] parking establishing a [3:12:30] community. [3:12:31] I bet you will do that. [3:12:32] You bet you wouldn't do that at [3:12:34] Torrey Pines Who a district [3:12:35] representative You need to get [3:12:39] on district board and making us [3:12:39] look bad. [3:12:40] This is America's finest city [3:12:44] and right now it does not look [3:12:44] like debt. [3:12:45] This is a community push back. [3:12:48] We are united You don't ignore [3:12:49] push back Martin Luther King [3:12:53] wouldn't ignored great He would [3:12:54] not aligned himself with no Jim [3:12:58] Crow Footnote whoever thought [3:13:03] it out need to come clean and [3:13:04] stand on your record. [3:13:07] >> Yeah yeah yeah The people [3:13:12] demand it We put you there. [3:13:12] >> Okay. [3:13:13] We need championship [3:13:13] leadership. [3:13:17] You need to be protecting us [3:13:18] from aggressive developers. [3:13:23] You need to call up the dogs. [3:13:23] I buy sd.Com all that kind of [3:13:24] stuff to companies that come in [3:13:26] our neighborhood trying to give [3:13:27] does pennies on the dollar to [3:13:32] senior citizens to monitor real [3:13:33] estate so you can tear down a [3:13:36] home and put a former complex [3:13:36] up. [3:13:37] We don't want to cop apartment [3:13:38] complexes. [3:13:41] We want to be at a strip. [3:13:42] We want to be able to transfer [3:13:42] generational wealth just like [3:13:43] y'all do in your district. [3:13:46] Yeah, well but if you guys [3:13:47] allow developers to come in and [3:13:51] buy up our community yeah I'm [3:13:52] going to refrain from language [3:13:56] I want to use speak for buying [3:14:00] up our community, selling off [3:14:01] our assets to developers. [3:14:05] >> We have no poor young black [3:14:06] and brown families that want to [3:14:06] buy. [3:14:10] It's already hard to live to [3:14:11] buy here. [3:14:12] >> We never want to give away [3:14:15] our property. [3:14:15] Well how about fixing [3:14:16] the world? [3:14:16] How about putting some concrete [3:14:20] sidewalks in the ghetto? [3:14:20] >> The latest up here Juswant I [3:14:23] don't know how she was but she [3:14:24] broke up about 3 or 4 [3:14:25] generations and you all just [3:14:25] ignore it. [3:14:28] It's like you got to middle [3:14:29] fingers pull back on us from [3:14:34] City hall imo Hills South San [3:14:35] Diego is how we feel this new [3:14:38] yellow it we're telling you how [3:14:39] we feel Does it matter? [3:14:39] It would matter to Martin [3:14:43] Luther King and me. [3:14:44] >> It should matter to you [3:14:47] where people okay The developer [3:14:52] is not who you should represent [3:14:53] If you if they show you it [3:14:53] won't be the first and it won't [3:14:57] be the last. [3:14:57] >> Okay. [3:15:02] You know you need to focus on [3:15:02] the people. [3:15:06] >> Please don't require them to [3:15:07] have parking requirement. [3:15:11] >> I mean the world conditions [3:15:11] you don't even take care of now [3:15:12] and you want to put a D.R. [3:15:16] Horton project in a middle of a [3:15:17] neighborhood and not require [3:15:18] him to have no color. [3:15:21] >> You guys ought to be ashamed [3:15:22] of yourself. [3:15:26] >> Andrea Yeah. [3:15:27] Thank you, Andrea And then if I [3:15:31] can have the following [3:15:32] individuals in the front row a [3:15:32] mini a mini Susan Baldwin and [3:15:36] Hazel Higgins now you have time [3:15:36] ceded to you by several [3:15:37] individuals if they can please [3:15:39] raise their hands has 19 [3:15:43] apostles whatever. [3:15:48] Gregory Morales, Mary Young, [3:15:53] Ian Mills Mills I'm sorry [3:15:54] the handwriting's a bit [3:15:59] difficult It looks like I Liam [3:16:01] Maybe now Liam I'll come back. [3:16:06] Rebecca Wilder Sorry to read [3:16:10] Catherine Leanne Leon Lewis [3:16:15] Caskey Marisol Campbell. [3:16:16] Roslyn Cook. [3:16:20] Janet Clover. [3:16:24] Michelle Logan and Darlene Not [3:16:25] Is there anyone that seated [3:16:25] time that didn't get their name [3:16:30] called What's your name sir [3:16:30] John Mellencamp. [3:16:35] >> Oh, Jim Yes, that is what it [3:16:35] says. [3:16:35] Thank you very much. [3:16:36] You'll have 14 minutes. [3:16:39] Please proceed. [3:16:40] I am speaking on the record. [3:16:41] I'm Andrea Head Hebrew. [3:16:43] I am first and foremost a [3:16:43] citizen of the United States of [3:16:47] America and by law a national [3:16:48] who owes my permanent [3:16:49] allegiance to the United States [3:16:49] of America which means its [3:16:52] Constitution. [3:16:53] I am the chair of Choice Valley [3:16:54] Community Planning Group [3:16:58] The following statement is [3:16:58] entered into the record Encanto [3:16:59] is used interchangeably with [3:17:02] Choice Valley in the statement [3:17:03] as the name change occurred a [3:17:05] short time after the publishing [3:17:06] of the 2015 Community Plan [3:17:07] The adoption of Footnote seven [3:17:10] which imposed selective zoning [3:17:11] in the Encanto neighborhoods [3:17:12] was a betrayal of our community [3:17:15] and a clear violation of due [3:17:16] process equal protection, [3:17:17] environmental law and fair [3:17:20] housing obligations. [3:17:21] It was a policy enacted without [3:17:22] meaningful input bypassing [3:17:25] procedural safeguards, [3:17:26] environmental reviews and our [3:17:27] community's right to equitable [3:17:31] development including that of [3:17:32] 21st Century Parks as Degnan [3:17:36] designated for our areas [3:17:36] affected in our community plan. [3:17:40] Footnote seven must be repealed [3:17:40] retroactively because it was [3:17:44] unlawful at inception and is [3:17:45] poised to do irreversible and [3:17:46] severe harm to our community. [3:17:49] Before Footnote seven District [3:17:50] four the low resource primarily [3:17:54] nonwhite district with by far [3:17:55] the greatest concentration of [3:17:55] black San Diego and had [3:17:59] crumbling roads, poor schools [3:18:03] boarded up storefronts, food [3:18:04] deserts severely deficient [3:18:05] stormwater infrastructure trash [3:18:08] strewn medians filled with [3:18:09] cracked weed written asphalt [3:18:13] and streets with no sidewalks. [3:18:14] The few parks we have are [3:18:14] broken down relics from [3:18:18] the middle of the last century [3:18:19] the only amenity we had was 17% [3:18:23] of the city's r's one two Lot [3:18:23] size. [3:18:27] Footnote seven completely [3:18:27] eliminated the one amenity we [3:18:31] had District one the far [3:18:32] wealthier and whiter District [3:18:35] had all the things lacking in [3:18:36] District four and had a [3:18:39] whopping 61% of the rs one two [3:18:39] Lot size. [3:18:42] Footnote seven Reduced District [3:18:43] four share of that lot size [3:18:46] from 17% to zero while [3:18:49] increasing District one share [3:18:50] from 61% to 74%. [3:18:55] Housing cost is driven at least [3:18:55] as much by location as it is by [3:18:56] inventory. [3:18:59] Everyone is familiar with [3:19:00] the retail and real estate [3:19:04] maxim of location location, [3:19:04] location. [3:19:05] As long as there are large [3:19:09] areas that are deemed undesired [3:19:10] rebuild the cost of housing [3:19:11] will remain inflated. [3:19:14] Fixing this means leveling [3:19:15] the public amenities available [3:19:15] throughout our city. [3:19:19] Modern well-paying park What [3:19:20] I'm sorry Modern [3:19:20] well-maintained parks bring [3:19:24] higher quality retail and more [3:19:25] residents with higher incomes, [3:19:26] more schooling and more time to [3:19:29] engage civically When Choice [3:19:30] Valley is no longer considered [3:19:34] undesirable, the prices of [3:19:35] housing and other areas of our [3:19:35] city will come down. [3:19:40] Our community does not oppose [3:19:40] housing. [3:19:41] In fact the 2015 Encanto [3:19:44] Community Plan significantly [3:19:45] increased multi housing [3:19:46] capacity by over 8000 units. [3:19:49] While reducing single family [3:19:50] units by 203 resulting in a net [3:19:54] population increase of over [3:19:57] 28,000 a 160% growth. [3:19:58] So why are we so fiercely [3:20:01] opposed to footnote seven? [3:20:01] Because it was unlawful and [3:20:02] unconscionable. [3:20:06] It was buried within [3:20:06] the sprawling Phase two of [3:20:07] the 2019 land Development Code. [3:20:11] A massive collection collection [3:20:11] of amendments divided into [3:20:16] three phases due to its sheer [3:20:16] size. [3:20:16] The Phase two update was [3:20:17] presented to the Community [3:20:20] Planners Committee or cpc on [3:20:21] October 2nd, 2019, giving [3:20:25] members only three weeks to [3:20:25] review it before Planning [3:20:26] Commission's hearing on OCTOBER [3:20:29] 26th, 2019. [3:20:29] At that Planning Commission [3:20:30] meeting cpc Chair Wallace [3:20:34] Wolford requested a three month [3:20:34] continuance citing [3:20:35] the overwhelming size of [3:20:39] the update and the need for [3:20:40] the cpc individual planning [3:20:40] groups and the code monitoring [3:20:43] team to adequately review and [3:20:43] provide input. [3:20:48] The cpc had voted unanimously [3:20:48] 27 to 0 to support the requests [3:20:49] underscoring the need for [3:20:53] sufficient time for public [3:20:54] participation which is required [3:20:57] for meaningful due process. [3:20:57] Priscilla Escobar, chair of [3:21:02] the Code Monitoring Team, [3:21:03] described the process as being [3:21:03] quote like drinking out of a [3:21:07] firehose in quote illustrating [3:21:07] how overwhelming the rushed [3:21:08] timeline was for those tasked [3:21:11] with analyzing the changes. [3:21:12] Despite these very valid [3:21:12] concerns, the Planning [3:21:13] Commission denied [3:21:16] the continuance. [3:21:17] Commissioner Vicki Granites [3:21:17] harshly rebuked the cpc and [3:21:21] Planning groups for quote being [3:21:22] so far behind. [3:21:22] While Commissioner Susan [3:21:26] Pearson argued that there were [3:21:27] time sensitive items requiring [3:21:30] immediate approval notably [3:21:30] during that meeting [3:21:31] Commissioner William Hoffman [3:21:32] questioned the rationale behind [3:21:35] requirements of Footnote seven [3:21:36] applying exclusively to [3:21:37] southeastern San Diego and [3:21:37] Encanto. [3:21:40] In response, Planning [3:21:41] department staff provided [3:21:41] misleading justifications [3:21:45] stating that Footnote seven was [3:21:46] needed to quote clean up [3:21:49] inconsistencies and avoid [3:21:50] penalizing smaller lots in [3:21:51] Encanto an assertion that [3:21:54] failed to acknowledge [3:21:55] the Ordinance's direct conflict [3:21:56] with the Encanto neighborhood's [3:21:56] community plan. [3:22:00] Following this flawed process, [3:22:00] the City Council voted [3:22:03] unanimously on DECEMBER 17th, [3:22:04] 2019 to adopt phase two of [3:22:05] the Land Development Code [3:22:05] update without incorporating [3:22:09] any input from the cpc code [3:22:09] monitoring team or individual [3:22:13] planning groups. [3:22:14] Footnote seven represents a [3:22:15] violation of the affirmatively [3:22:19] furthering fair housing or affo [3:22:19] obligations under state and [3:22:20] federal law. [3:22:23] These obligations require local [3:22:24] governments to actively [3:22:25] dismantle housing [3:22:27] discrimination and segregation [3:22:28] while creating equitable [3:22:28] opportunities for all [3:22:29] residents. [3:22:33] Footnote seven does [3:22:33] the opposite. [3:22:34] By disproportionately burdening [3:22:37] choice Valley a predominantly [3:22:37] black and Hispanic community [3:22:38] with the reduction of [3:22:41] greenspace to increase housing [3:22:42] stock with reduced lot sizes [3:22:43] and increased density it [3:22:46] exacerbates preexisting [3:22:47] inequities and segregated [3:22:47] housing patterns. [3:22:51] Furthermore, adding more market [3:22:52] rate housing to an area already [3:22:55] deemed undesirable due to its [3:22:56] lack of resources and its [3:22:57] racial segregation of primarily [3:22:57] nonwhite residents. [3:23:01] Does nothing to affirmatively [3:23:01] further fair housing. [3:23:02] Such housing will remain [3:23:06] undervalued compared to [3:23:07] virtually identical market rate [3:23:07] housing in whiter high resource [3:23:08] areas. [3:23:11] Perpetuating the racial and [3:23:12] economic inequities. [3:23:12] That effort was designed to [3:23:16] address. [3:23:16] Additionally, the increased [3:23:17] density allowed by Footnote [3:23:20] seven imposes significant [3:23:21] environmental burdens on our [3:23:22] community including worsening [3:23:22] heat island effects [3:23:26] overburdened stormwater [3:23:26] infrastructure and reducing [3:23:30] access to public green spaces. [3:23:30] These impacts contravene both [3:23:31] Fair Housing Act and [3:23:35] California's eight ffo mandates [3:23:36] which demand proactive measures [3:23:40] to address systemic inequities [3:23:40] in housing and environmental [3:23:41] quality. [3:23:44] Footnote seven entrenches these [3:23:45] disparities rather than [3:23:45] alleviating them making it [3:23:49] repeal necessary to comply with [3:23:50] law and uphold fair housing [3:23:50] principles. [3:23:54] The city has failed to [3:23:55] demonstrate that Footnote seven [3:23:55] serves a public good that [3:23:59] justifies the disparate impact [3:24:00] it imposes on Choice Valley. [3:24:00] While disparate impact on [3:24:04] certain communities MAY in [3:24:05] limited cases be permissible [3:24:05] under equal protection [3:24:09] principles if they are tied to [3:24:10] a compelling public interest. [3:24:10] Footnote seven fails to meet [3:24:13] the standard to the extent [3:24:14] the stated justification about [3:24:15] cleaning code up and making it [3:24:18] more consistent makes any sense [3:24:19] And it's not suspected as a [3:24:23] pretext for something shameful [3:24:23] . [3:24:24] It appears to have been done [3:24:25] for administrative convenience [3:24:28] rather than any demonstra ble [3:24:29] benefit to the public at large [3:24:30] or to the community It burdens [3:24:33] as established in village of [3:24:34] Arlington Heights versus [3:24:34] Metropolitan Housing [3:24:35] Development. [3:24:38] Government policies that create [3:24:39] racial disparities must have [3:24:40] strong justifications rooted in [3:24:42] the public good to withstand [3:24:43] legal scrutiny. [3:24:44] Footnote seven has no such [3:24:47] justification This policy's [3:24:48] disparate impact combined with [3:24:52] its procedural irregularities [3:24:53] renders it indefensible under [3:24:53] equal protection principles. [3:24:57] The city attorney's dedication [3:24:58] to defending the indefensible [3:25:02] acts of the city sets a new bar [3:25:03] for behavior that is merely [3:25:07] under the color of law. [3:25:08] >> Footnote seven also violates [3:25:09] Sequoyah, which mandates an [3:25:12] environmental review for [3:25:13] significant zoning changes. [3:25:14] The failure to conduct an [3:25:14] environmental impact report [3:25:18] constitutes a deprivation of [3:25:19] procedural due process a seek [3:25:19] to ensure stakeholders are [3:25:23] informed of potential [3:25:23] environmental impacts and given [3:25:24] the opportunity to participate [3:25:26] in mitigating them. [3:25:27] This omission denied residents [3:25:28] of Choice Valley [3:25:28] the opportunity to raise [3:25:32] concerns about the increased [3:25:32] densities environmental [3:25:33] consequences such as heat [3:25:33] island effect and storm water [3:25:37] runoff as established in Moline [3:25:38] versus Central Hanover Bank and [3:25:42] Trust and Walker vs City of [3:25:42] Hutchinson Due process requires [3:25:43] notice reasonably calculated to [3:25:47] inform interested parties and [3:25:48] provide them a fair opportunity [3:25:48] to be heard. [3:25:52] The absence of a second [3:25:52] mandated eia also violates [3:25:53] precedent requiring [3:25:57] environmental review of [3:25:57] significant zoning changes per [3:26:01] Know Oil Inc. Versus the City [3:26:01] of Los Angeles. [3:26:02] Furthermore, Footnote seven is [3:26:06] substantively unlawful because [3:26:06] it conflicts with the Encanto [3:26:07] neighborhoods Community plan of [3:26:11] 2015 and the city's general [3:26:11] plan under Lester [3:26:12] Communications Inc. Versus [3:26:16] the City of Walnut Creek Zoning [3:26:16] ordinances inconsistent with [3:26:17] the general plan are invalid [3:26:20] from inception. [3:26:21] Footnote seven Increased [3:26:21] density contradicts the Encanto [3:26:25] community plan's provisions for [3:26:25] infrastructure development, [3:26:26] greenspace preservation and [3:26:30] environmental sustainability [3:26:31] rendering it void under this [3:26:31] principle allowing projects to [3:26:35] proceed under Footnote seven [3:26:36] would set a dangerous precedent [3:26:40] and undermine public trust If [3:26:41] developers and city officials [3:26:41] are allowed to benefit from [3:26:44] ordinances later deemed [3:26:44] unlawful. [3:26:45] It creates a perverse incentive [3:26:49] a perverse incentive for [3:26:50] passing and relying on unlawful [3:26:50] legislation. [3:26:54] California Government Code [3:26:59] 66498.1 prohibits reliant on [3:27:00] ordinances that do not comply [3:27:01] with state or federal law. [3:27:03] Acker versus Baldwin [3:27:04] invalidated development [3:27:04] approval based on [3:27:05] unconstitutional zoning code [3:27:08] and Starbird versus County of [3:27:09] San Benito has specific [3:27:13] applications to violations of [3:27:13] Sequoyah. [3:27:14] Allowing such reliance would [3:27:15] discourage accountability erode [3:27:18] confidence in the city's [3:27:19] planning processes and [3:27:19] disproportionately harm [3:27:23] marginalized communities. [3:27:24] It is essential to send a clear [3:27:25] message that unlawful [3:27:27] ordinances cannot serve as [3:27:28] the basis for development [3:27:28] approvals. [3:27:32] The Choice Valley Community [3:27:33] does not oppose housing. [3:27:33] Our 2015 community plan [3:27:34] demonstrated our commitment to [3:27:37] sustainable and equitable [3:27:38] development. [3:27:39] Footnote seven seven However [3:27:42] disregarded our needs and [3:27:43] the law prioritizing developer [3:27:47] profits over both its [3:27:47] retroactive repeal is necessary [3:27:52] not only to correct past harms [3:27:52] but to ensure a future where [3:27:56] all San Diego communities are [3:27:57] treated with fairness, dignity [3:27:57] and respect. [3:27:58] If there is a burden to be [3:28:02] borne as a result of [3:28:03] the unlawful passage of [3:28:03] Footnote seven it should not [3:28:06] fall on a demographic that has [3:28:06] been misused and neglected for [3:28:11] over a century. [3:28:11] >> So City of San Diego. [3:28:16] Pay the developers if they [3:28:16] should prevail or you think [3:28:17] they ought to prevail but halt [3:28:21] the development that is based [3:28:22] on wrong and unlawful zoning. [3:28:22] That remedy though somewhat [3:28:25] painful is the least our [3:28:26] community's do on this matter [3:28:29] and do this without board [3:28:30] burdening our already low [3:28:35] resource community with taking [3:28:35] you to court. [3:28:36] The recommendation before you [3:28:40] today needs to amended to have [3:28:41] explicit retroactive effect. [3:28:45] The mere fact that footnote [3:28:46] seven effectively resound an [3:28:49] area with a significant change [3:28:49] in density without an [3:28:50] environmental impact review is [3:28:55] all alone sufficient reason for [3:28:55] you to amend it? [3:28:56] This should be a no brainer [3:28:58] decision albeit one that [3:28:59] requires the courage of your [3:29:03] patriotism. [3:29:04] And just in terms of just math [3:29:08] basic math one acre divided by [3:29:11] 20,000ft is to two Lot two [3:29:12] unit not four. [3:29:16] >> Thank you. [3:29:21] >> Next is Ameen Amin. [3:29:22] You have time ceded to you by [3:29:26] Sanam Pessl over Sanam Can you [3:29:27] please raise your hand? [3:29:27] >> Thank you so much. [3:29:28] You'll have two minutes. [3:29:30] Please proceed. [3:29:31] Good afternoon. [3:29:35] Well, let's be honest Footnote [3:29:36] seven was quietly added to [3:29:36] the city code. [3:29:37] We all know that by now with no [3:29:40] transparency on notice to [3:29:41] the community And now it's [3:29:42] being used to push through high [3:29:45] density projects. [3:29:46] These projects are [3:29:46] fundamentally changing [3:29:47] the character of our [3:29:51] neighborhoods with or without [3:29:51] our consent And they're based [3:29:54] on a rule that none of [3:29:55] the residents didn't even know [3:29:55] existed. [3:29:56] This isn't just about [3:29:59] the density. [3:30:00] It's about justice. [3:30:01] And Canada has a long history [3:30:05] of redlining and equality and [3:30:05] this footnote feels like yet [3:30:08] another blow to a community [3:30:09] that already endured systemic [3:30:14] inequalities for decades by [3:30:14] allowing these projects to [3:30:15] proceed. [3:30:15] Accelerating gentrification [3:30:18] displacing long time residents [3:30:19] and continuing a legacy of [3:30:23] unfair treatment. [3:30:23] There's also a legal question [3:30:24] here How can project still rely [3:30:28] on a quietly added footnote one [3:30:28] that many stakeholders weren't [3:30:32] even aware of be considered [3:30:33] valid? [3:30:33] This lack of transparency [3:30:34] undermines trust in the process [3:30:38] and raises serious concerns [3:30:38] about whether these projects [3:30:39] comply with the principle of [3:30:43] equality and due process. [3:30:44] I urge the Council today to [3:30:48] take immediate action halt [3:30:49] these projects that are tied to [3:30:49] footnote seven until a full [3:30:53] review can be conducted with [3:30:54] proper community community [3:30:54] input. [3:30:57] Let's take a step back and [3:30:58] think about how we can support [3:30:58] and can do it without [3:31:02] continuing to perpetuate [3:31:02] the pattern of inequality and [3:31:03] displacement. [3:31:07] >> Thank you xo Susan Baldwin. [3:31:11] You have time to buy Yvonne [3:31:11] Jones. [3:31:12] Yvonne Jones are you here? [3:31:12] Thank you. [3:31:13] You'll have two minutes. [3:31:16] Please proceed. [3:31:16] >> Thank you. [3:31:20] I am here speaking on behalf of [3:31:21] neighbors for a better San [3:31:21] Diego. [3:31:22] In support of the Planning [3:31:25] Department's recommendation to [3:31:26] remove a footnote Footnote [3:31:30] seven which only applied to [3:31:31] the Troilus Valley Community [3:31:31] Planning area and Southeastern [3:31:35] Community Planning area where [3:31:36] there is no such zoning and did [3:31:40] not affect any other rs one to [3:31:41] zoned lands in the city. [3:31:45] Footnotes seven should be [3:31:46] removed from the municipal code [3:31:49] however because of the improper [3:31:50] and apparently deliberatively [3:31:54] deliberately deceptive process [3:31:55] used to approve Footnote seven [3:31:55] which has yet to be explained [3:31:59] by the Planning Department or [3:32:00] any city officials The removal [3:32:03] of footnote seven should be [3:32:04] applied retroactively to any [3:32:08] projects that submitted [3:32:08] applications using the footnote [3:32:12] zoning including the two [3:32:13] projects known as the Klauber [3:32:14] Project and Radio Towers Old [3:32:17] Memory Lane project. [3:32:18] These projects should not be [3:32:19] allowed to go forward as [3:32:22] currently proposed. [3:32:23] In addition, it is important to [3:32:27] note both projects are located [3:32:28] on community plan designated [3:32:28] park land. [3:32:33] The manner in which Footnote [3:32:33] seven was adopted lumped in [3:32:37] with a general land development [3:32:38] code update deliberately and [3:32:42] unfairly bypassing community [3:32:43] input denied the community [3:32:43] the ability to negotiate any [3:32:47] community benefits such as [3:32:48] setting aside a portion of both [3:32:51] sites for park space to [3:32:52] implement the community park [3:32:53] designation In both the general [3:32:57] plan recreation element and [3:32:57] the community plan in exchange [3:33:02] for subdivision of the land for [3:33:02] development. [3:33:06] Why were these projects? [3:33:07] Why are these projects not [3:33:08] required to process community [3:33:12] plan and general plan [3:33:12] amendments giving [3:33:13] the designation Given [3:33:17] the designation of the sites [3:33:17] for Parkland? [3:33:18] >> Thank you for that [3:33:18] concludes. [3:33:19] Thank you very much. [3:33:25] Hazel Higgins And you have time [3:33:30] to go to by DR. Catherine Pope [3:33:30] . [3:33:31] >> Catherine Pope There's [3:33:31] another microphone that's lower [3:33:35] for Come here Access. [3:33:35] And I'm sorry I didn't see [3:33:36] the hand of Catherine Pope. [3:33:39] Thank you so much, DR. [3:33:40] Catherine Pope. [3:33:44] Thank you so much. [3:33:44] Okay. [3:33:48] Good afternoon, City COUNCILMAN [3:33:49] And especially COUNCILMAN [3:33:49] Foster. [3:33:54] My arthritic body. [3:33:58] 86 years young is not happy to [3:33:59] be here with you this [3:33:59] afternoon. [3:34:03] I've been here many, many times [3:34:03] before. [3:34:08] I've served in my community for [3:34:08] more than 60 years serving on [3:34:13] the Southeast Development. [3:34:13] Southeast Park and Recreation. [3:34:18] PRESIDENT Of my pta for more [3:34:18] than three years. [3:34:19] PRESIDENT Of the Emerald Hills [3:34:22] Neighborhood Council for more [3:34:23] than three years Working with [3:34:27] many, many. [3:34:28] Many of my people My community [3:34:28] people. [3:34:32] I'd like to tell you about [3:34:33] the Encanto task force. [3:34:37] Many years ago. [3:34:38] Petitioned the City Council to [3:34:42] rezone the Encanto community. [3:34:46] R 110 r 115 r 120 Because we [3:34:50] liked the hillsides [3:34:51] the openness and it all. [3:34:55] >> The project that is planned [3:34:56] . [3:34:56] My kitchen window looks on it [3:35:00] My my. [3:35:01] i have two houses on Egret [3:35:04] Street on the hillside one [3:35:05] house down below and a vacant [3:35:05] property. [3:35:06] I have done a real estate [3:35:09] license for many years and I [3:35:10] could have moved I could have [3:35:13] bought property in other areas [3:35:14] but I like the Encanto [3:35:14] community. [3:35:18] But this is that my bell [3:35:19] ringing. [3:35:19] It's the same old. [3:35:23] La la la And it's just a [3:35:24] different day. [3:35:24] This is our day in court. [3:35:29] You listen to us but do you [3:35:29] hear us? [3:35:32] Do you really hear us? [3:35:33] Do you hear us? [3:35:38] Your hoper made me CHAIRMAN Of [3:35:43] the open space in southeast San [3:35:43] Diego and I took it seriously. [3:35:47] It was 5.39 acres of designated [3:35:47] adopted open space. [3:35:51] So okay, that is your time But [3:35:52] thank you very much for coming [3:35:56] And that does conclude public [3:35:56] comment hearing Council [3:35:57] chambers will go to those [3:35:58] participating remotely. [3:36:01] I started the five minute time [3:36:01] We're here in council chambers. [3:36:02] We currently have ten [3:36:03] individuals with their hands [3:36:06] raised starting with John [3:36:06] Stump. [3:36:07] >> If you can please unmute. [3:36:09] Thank you very much. [3:36:10] I completely agree with [3:36:14] the community presenters. [3:36:19] GOD bless the soul of our [3:36:23] COUNCILMAN George Stevens. [3:36:24] I urge all the community [3:36:28] members there to vote no on [3:36:29] the proposal to increase their [3:36:34] water fees and taxes. [3:36:35] You got to cut off a form and [3:36:38] send them in. [3:36:39] I have property. [3:36:42] My family has property in [3:36:43] District four and I am [3:36:48] the secretary of property at [3:36:52] 4425 Home Avenue. [3:36:52] We are being mistreated. [3:36:53] It's racial. [3:36:57] The complete southeastern San [3:37:02] Diego Planning Group's scheme [3:37:07] is racially based and there's [3:37:08] no reason that Ridge view Home [3:37:11] Avenue and Webster should be in [3:37:12] City Heights. [3:37:16] I just concluded sir. [3:37:17] >> Next is Francine Maxwell If [3:37:21] you can please unmute Francine [3:37:26] Maxwell and resident Thank you [3:37:26] for the presentation. [3:37:30] Again we are looking for bold [3:37:30] leadership. [3:37:31] >> We've been looking for bold [3:37:35] leadership for quite a while [3:37:35] and although we enjoy our [3:37:40] district elections sometimes [3:37:41] it's a shot in the foot because [3:37:42] you wouldn't treat all of San [3:37:45] Diego as our mayor says a city [3:37:46] for all of us that way. [3:37:49] You allow one community to be [3:37:50] treated a certain way because [3:37:51] it's represented by one person. [3:37:54] So since we are a democracy and [3:37:59] everybody represents everybody [3:38:03] ,let's go ahead and amend and [3:38:04] make sure that it covers [3:38:04] the past and the present and [3:38:08] remove footnote seven. [3:38:09] We know that there will be some [3:38:13] challenges when it comes to you [3:38:14] moving to your next office and [3:38:14] you need those donations. [3:38:18] But the donors, the developers [3:38:19] are very forgiving So do do [3:38:20] the right thing for the people. [3:38:23] Thank you so much. [3:38:24] >> Thank you. [3:38:24] Next is Catalina in us? [3:38:27] If you can please unmute. [3:38:28] Thank you. [3:38:28] I would like to start by saying [3:38:32] I believe you. [3:38:33] The City Council voted for [3:38:34] the 12th planning update under [3:38:37] false and deceitful testimony [3:38:38] given to you by the planning [3:38:38] group. [3:38:39] And with that I would like to [3:38:42] say please repeal footnote [3:38:42] seven halt and terminate all [3:38:46] permits that were illegally [3:38:47] approved by the footnote. [3:38:47] As most have indicated, [3:38:51] the most inexpensive way to [3:38:51] make this community back whole [3:38:52] is by you halting, stopping [3:38:56] terminating all and any [3:38:56] footnote seven approved [3:39:00] projects under the fairness [3:39:01] Housing Governance Code of 8890 [3:39:01] 9.5. [3:39:06] It requires a balanced living [3:39:06] pattern. [3:39:07] Encanto is a food desert. [3:39:07] Adding housing to a food desert [3:39:11] will make it a food depression. [3:39:12] No to the Clabber Project and [3:39:13] no to the radio project. [3:39:15] Thank you. [3:39:16] Thank you. [3:39:16] Next is Robert Campbell. [3:39:19] If you can please unmute. [3:39:23] >> It's not enough to simply [3:39:24] repeal Footnote seven Any [3:39:25] project relying on it must be [3:39:25] stopped immediately. [3:39:29] Make the amendment to [3:39:29] the Planning Department's [3:39:30] proposal to retroactively void [3:39:31] any project relying on Footnote [3:39:31] seven. [3:39:34] The City Attorney's JANUARY [3:39:34] 22nd memorandum supposedly [3:39:37] addressed the legality of [3:39:37] footnote seven in the San Diego [3:39:38] Municipal Code but only [3:39:42] partially as a footnote to on [3:39:42] page three of that memorandum [3:39:43] indicates conflicts with [3:39:46] the Encanto community plan [3:39:47] the general plan equity and [3:39:48] environmental justice as well [3:39:48] as issues related to rezoning [3:39:52] without due process and [3:39:53] violations of sequel none of [3:39:53] which were addressed in [3:39:56] the memo. [3:39:56] Why? [3:39:57] Because these issues are [3:39:57] indefensible and the city [3:40:01] attorney knows it. [3:40:01] The city attorney should have [3:40:02] released an evaluation of all [3:40:06] issues raised including those [3:40:06] in footnote two of the memo to [3:40:07] the Council and to the public [3:40:08] for review. [3:40:11] But did not which makes [3:40:12] the council decision an easy [3:40:12] one today. [3:40:16] Council Please add the language [3:40:17] to retroactively reject [3:40:17] projects relying on footnote [3:40:20] seven today or you'll end up on [3:40:20] the side of history You'll [3:40:24] probably live to regret. [3:40:25] >> DR. Ethel Sims If you can [3:40:29] please unmute. [3:40:30] DR. Ethel Sims I can't unmute [3:40:34] for you. [3:40:35] I will have to move on to [3:40:38] the next caller a pop up should [3:40:43] come up to unmute. [3:40:43] Hello. [3:40:49] Yes, please proceed. [3:40:49] Hi. [3:40:50] Let me stop the apple since I [3:40:50] live in the other side of Inver [3:40:51] hills. [3:40:53] Coronavirus states and this [3:40:56] this development has been here [3:40:56] for 45 years. [3:40:57] I do think that footnote seven [3:41:01] was wrong but moving forward I [3:41:02] do feel like housing and [3:41:02] community type beautification [3:41:06] projects that will enhance our [3:41:07] community are overdue. [3:41:11] We always get in our community [3:41:11] Encanto and Southeast. [3:41:12] Some high density practices or [3:41:13] just regular homes. [3:41:17] There are kind of like designs [3:41:18] similar to Coronado views and [3:41:18] upgraded with them and Hills [3:41:20] design. [3:41:21] So they'll be single families [3:41:21] Two stories. [3:41:25] No one right now is living on [3:41:26] the property that's proposed [3:41:26] with D.R. Horton. [3:41:30] So we can't have views any way [3:41:31] but we get houses up there that [3:41:31] we can upgrade. [3:41:32] We can actually have [3:41:34] neighborhoods that are kind of [3:41:35] like have more amenities and [3:41:36] become enhanced. [3:41:39] Yes, we've been downplayed and [3:41:40] there have been some [3:41:40] irregularities and unfair [3:41:41] treatment in our communities. [3:41:45] But these housing projects can [3:41:45] come in and it can actually [3:41:50] enhance us and we can have an [3:41:50] opportunity to connect. [3:41:51] Time has concluded. [3:41:51] My apologies. [3:41:54] Victoria Brousseau also [3:41:55] the five minute timer has [3:41:55] concluded here in council [3:41:56] chambers. [3:41:58] There are six callers left. [3:41:59] No additional callers will be [3:41:59] taken. [3:42:03] Victoria, please proceed. [3:42:04] >> Good afternoon Council [3:42:04] members As the victory lap [3:42:08] Rizzo I'm the chair of [3:42:08] the Scripps French Planning [3:42:09] Group but I'm here to [3:42:09] personally support [3:42:13] the residents of Encanto and [3:42:13] Choice Valley Community [3:42:14] Planning Group. [3:42:17] Bottom line that footnote seven [3:42:18] was not properly vetted as [3:42:18] acknowledged by the City [3:42:19] Planning Staff report. [3:42:22] The process by which [3:42:23] the footnote seven was adopted [3:42:24] did not represent best planning [3:42:28] practices procedurally That's a [3:42:28] quote from the report. [3:42:29] Therefore it should be removed [3:42:33] and any projects depending on [3:42:33] it should be canceled. [3:42:34] It's time for a win for [3:42:37] the voice of the community. [3:42:38] Again approve the removal of [3:42:39] Footnote seven and legislate [3:42:39] that the current projects [3:42:43] relying on footnote seven be [3:42:43] removed. [3:42:44] Honor the community plan zoning [3:42:47] established by appropriate [3:42:48] procedures and do not allow [3:42:49] the procedural mistakes by [3:42:52] the city planning Department to [3:42:52] adversely affect the residents [3:42:53] of Choice Valley. [3:42:57] Thank you for your time. [3:42:57] >> Thank you. [3:42:58] Next is Blaire Beekman. [3:43:02] If you can please unmute. [3:43:03] >> Hi we're Beekman. [3:43:07] Always in the children's [3:43:08] waiting pool trying to wade out [3:43:08] into the deeper waters of [3:43:09] the subject. [3:43:12] I thank you. [3:43:13] I'm interested in how you know [3:43:16] we haven't beginning concepts [3:43:16] to really want to develop [3:43:17] generational wealth in [3:43:21] the future of our housing. [3:43:21] That's an important factor. [3:43:26] And market rate housing. [3:43:27] City government staff seem to [3:43:27] be talking about that I'm not [3:43:28] sure. [3:43:31] But can we concentrate that We [3:43:36] have to question you know, [3:43:36] market rate housing and [3:43:40] consider what housing can be [3:43:41] for people and their incomes in [3:43:45] the area and not you know means [3:43:45] middle income housing and lower [3:43:46] mixed income use Ideas I talked [3:43:50] about often. [3:43:51] You know that can be a factor [3:43:55] in flexibility to this process [3:43:55] really be considering to work [3:43:56] organically with it. [3:44:00] Please. [3:44:01] We're in a new era. [3:44:01] You've got a good community [3:44:02] here asking questions. [3:44:05] Good luck and organic. [3:44:06] >> Thank you. [3:44:06] Your time has concluded. [3:44:07] Next is Sally. [3:44:11] Sally Small. [3:44:12] All righty then. [3:44:12] Thank you. [3:44:17] I am Sally Small Animal Hills [3:44:21] resident co-PRESIDENT Of [3:44:22] the Animal Health Neighborhood [3:44:22] Council. [3:44:25] As to footnote seven it's been [3:44:26] made very clear by everyone [3:44:30] ahead of me that not only do we [3:44:31] not like it, we think it was [3:44:32] decided upon behind closed [3:44:35] doors. [3:44:36] Yes, it was created in a way [3:44:39] that is not open to the public [3:44:44] presentations and not being [3:44:45] able to be seen by very many [3:44:45] people. [3:44:46] You know the cpc asked for [3:44:50] extra time back in 2019. [3:44:50] Now come forward. [3:44:54] It's out there. [3:44:55] We need to say hey, get rid of [3:44:59] the footnote. [3:45:00] Get rid of the projects that [3:45:04] have already been approved void [3:45:05] them out completely and let [3:45:06] them try again with the lower [3:45:10] numbers But they need to have [3:45:10] an environmental review and we [3:45:11] need to support the people that [3:45:15] live in that neighborhood. [3:45:16] And your time has concluded. [3:45:19] My apologies Dana Give it after [3:45:20] that is Jeff Tutor and our [3:45:27] final speaker 7968. [3:45:27] >> Thank you. [3:45:28] The city's timetable to [3:45:31] finalize repeal of footnote [3:45:31] seven is a slap in the face to [3:45:32] Choice Valley. [3:45:36] The timetables being maximized [3:45:36] allowing more projects to [3:45:39] submit plans before footnote [3:45:40] seven effectively disappears. [3:45:41] The council should be [3:45:45] expediting this. [3:45:45] Additionally, both the Klauber [3:45:46] and Radio Tower projects are in [3:45:50] areas designated for future [3:45:51] parks in the 2015 Encanto [3:45:51] Community Plan. [3:45:55] How can the city allow these [3:45:56] areas to be developed with [3:45:56] housing without requiring [3:46:00] community and general plan [3:46:00] amendments? [3:46:01] This is unconscionable. [3:46:04] The city should and the city [3:46:05] attorney should be looking at [3:46:05] this. [3:46:09] I do not believe this would be [3:46:14] allowed in any other community [3:46:14] only in district floor. [3:46:15] >> Thank you for your time and [3:46:18] consideration. [3:46:19] >> Next is Jeff Huber. [3:46:28] If you can please unmute Thank [3:46:29] you council members and regret [3:46:30] that I'm not able to attend in [3:46:33] person today due to an illness [3:46:33] but I can't emphasize enough [3:46:34] how important this issue is. [3:46:37] To reinforce earlier comments [3:46:38] neighbors for better San Diego [3:46:39] support staff's recommendation [3:46:42] to remove footnote seven from [3:46:43] Table 131 support of the Land [3:46:44] Development Code. [3:46:47] However, if we disagree with [3:46:48] the Planning Department and [3:46:49] City Attorney's justifications [3:46:52] for allowing planning projects [3:46:53] to continue taking advantage of [3:46:57] Footnote seven regardless of [3:46:58] whether it was legal, Footnote [3:46:58] seven was here skillfully and [3:47:01] deceptively written to skirt [3:47:02] legal requirements or would [3:47:03] have required. [3:47:03] They go through the Community [3:47:06] Plan amendment process which in [3:47:07] turn would have required and [3:47:11] allowed the residents to of [3:47:12] Choice Valley to negotiate a [3:47:13] park or other community benefit [3:47:15] in exchange for the community's [3:47:16] adopted plan. [3:47:20] I urge you to not only remove [3:47:25] Footnote seven but apply that [3:47:26] removal to other future [3:47:26] projects and current projects. [3:47:27] Thank you. [3:47:30] Thank you. [3:47:31] >> Our final speaker is 7968. [3:47:44] If you can please unmute and [3:47:45] thank you to the quick [3:47:45] communities ideally coming out [3:47:46] of two three. [3:47:46] I don't live in your district. [3:47:47] Good luck to all of you. [3:47:48] I'm going from a very tight [3:47:49] view of this and I want to say [3:47:54] this This is a beautiful [3:47:58] historic moment and let's open [3:47:59] our hearts and our minds to [3:47:59] this. [3:48:00] We are stumbling. [3:48:04] There are human beings together [3:48:04] figuring out this life and we [3:48:08] are stumbling. [3:48:09] So open your hearts and open [3:48:10] your minds. [3:48:14] I don't know what the answer is [3:48:15] going to be but I respect and [3:48:15] love the answer. [3:48:18] We're stumbling. [3:48:19] We're in this together. [3:48:22] Let's keep it one San Diego one [3:48:26] people and one dream Win all. [3:48:27] >> Thank you. [3:48:28] That concludes our public [3:48:31] comment And item 331 for [3:48:31] the record. [3:48:32] We did receive eight web [3:48:36] comments in opposition and 24 [3:48:36] in favor. [3:48:37] Those were distributed to [3:48:37] the council. [3:48:41] Thank you. [3:48:41] >> All right, you city clerk [3:48:42] Thank you everybody that showed [3:48:45] up today and participated. [3:48:46] A special things for me as [3:48:49] the council PRESIDENT For [3:48:50] the respectful way that you [3:48:51] conducted yourselves, you made [3:48:51] it very clear about your [3:48:55] passion on this issue but you [3:48:56] allowed us to move quickly [3:48:56] through in a fit not quickly, [3:49:00] efficiently you through that [3:49:01] And I appreciate those people [3:49:01] that took the time to call in [3:49:05] as well. [3:49:06] So we'll now go to our council [3:49:06] members for questions and [3:49:09] comments and entertain a motion [3:49:09] and we'll start with Council [3:49:10] member Foster. [3:49:14] >> Yes, Thank you Council [3:49:15] PRESIDENT And thank you staff [3:49:19] for the presentation. [3:49:20] Also thank you to all [3:49:20] the district four residents who [3:49:24] came out today and provided [3:49:24] public comment on this matter. [3:49:25] As I have indicated on several [3:49:29] occasions, I strongly support a [3:49:30] balanced housing approach [3:49:34] creating pathways to [3:49:34] homeownership is critical to [3:49:35] the sustainability of District [3:49:38] four and we must continue to [3:49:39] bring forward options and [3:49:39] pathways for residents to build [3:49:43] generational wealth through [3:49:43] homeownership. [3:49:44] I have stood by my community [3:49:45] when it comes to fighting [3:49:48] the concentration of poverty [3:49:49] and the hundreds of deed [3:49:49] restricted units. [3:49:50] District four continues to [3:49:53] receive. [3:49:57] >> I would also like to again [3:49:57] thank all the District four [3:49:58] residents and community groups [3:50:02] as they play a key role in [3:50:03] the development, growth and [3:50:03] sustainability of the district. [3:50:06] And I will always encourage [3:50:07] planners, developers and city [3:50:11] staff to engage with our [3:50:12] community when land use policy [3:50:13] changes and developments are [3:50:16] taking place. [3:50:17] I want to thank the City [3:50:17] planning staff for presenting [3:50:21] information concerning this [3:50:22] land use designation to [3:50:22] the community and receiving [3:50:26] their feedback. [3:50:27] As I have previously previously [3:50:28] said on this Dyess the lack of [3:50:32] transparent and see and [3:50:32] engagement in policy making [3:50:33] affecting neighborhoods [3:50:36] especially those historically [3:50:37] discriminated against like [3:50:37] District four is unacceptable [3:50:41] And I continue to share my [3:50:42] community's concern that [3:50:43] the process or lack thereof [3:50:46] regarding footnote seven was [3:50:47] not transparent and inclusive. [3:50:51] Also, as indicated by [3:50:51] the city's current planning [3:50:52] director Footnote seven was [3:50:55] that was not done in accordance [3:50:56] with city policies and best [3:50:56] practices. [3:51:00] Hence we are here today. [3:51:01] Throughout this discussion [3:51:05] there have been references to [3:51:06] furthering fair housing. [3:51:10] >> To be clear, large minimum [3:51:11] lots do not further fair [3:51:12] housing in our discriminatory [3:51:15] as they were designed to keep [3:51:15] specific individuals from [3:51:19] moving into a community. [3:51:20] >> These are policies that we [3:51:21] must address as they continue [3:51:25] to be harmful and further [3:51:25] the economic divide which [3:51:26] directly impacts quality of [3:51:30] life and opportunity. [3:51:34] I recently read a 2024 San [3:51:34] Diego Law Review article [3:51:35] Cutting zoning down to size [3:51:39] revamp due to the legal [3:51:40] vulnerability of urban minimum [3:51:44] minimum size lot sizes where [3:51:44] studies consistently highlight [3:51:47] how these types of rules hurt [3:51:48] affordability promote exclusion [3:51:53] and waste land. [3:51:54] Here it was indicated that [3:51:55] large bean in lot size rules [3:51:58] limit single family home [3:51:58] ownership, drive up housing [3:52:03] costs and deepen inequality by [3:52:03] prioritizing rental focused [3:52:08] multifamily developments. [3:52:08] Houston, Texas provided a [3:52:09] compelling example After [3:52:13] reducing large minimum lot [3:52:14] sizes in 1998, the city saw a [3:52:14] surge in market driven [3:52:18] investment that revitalized [3:52:19] aging housing stock, increased [3:52:22] generational wealth and [3:52:23] strengthened its tax base. [3:52:23] Research also reveals that [3:52:27] the adoption of large minimum [3:52:28] lot size rules in many cities [3:52:32] outside the American South [3:52:32] coincided with the arrival of [3:52:33] black Americans during [3:52:37] the second Great Migration and [3:52:37] the push for school [3:52:38] desegregation. [3:52:42] This timing suggest that large [3:52:43] median lot sizes were not only [3:52:46] driven by fiscal considerations [3:52:46] but also served exclusionary, [3:52:51] racially motivated purposes. [3:52:52] Frankly, frankly large minimum [3:52:56] lot sizes are outdated and [3:52:57] harmful serving as barriers to [3:52:57] affordability while [3:53:01] perpetuating exclusion and [3:53:01] inequality. [3:53:06] And to be clear I think it is [3:53:07] we need to know and make sure [3:53:10] we understand the history of [3:53:10] District four. [3:53:11] My family was one of the first [3:53:14] black black families to move to [3:53:15] the community and dealt with [3:53:19] the discrimination firsthand. [3:53:20] My grandfather built [3:53:24] the Encanto baseball fields as [3:53:25] a city would not do it. [3:53:29] It is clear we need zoning [3:53:30] reforms that promote equitable [3:53:30] homeownership. [3:53:34] >> We must champions zoning [3:53:35] reforms that prioritize for [3:53:36] sale homes and promote [3:53:39] equitable access to [3:53:40] homeownership citywide making [3:53:44] our city a place where more [3:53:44] residents can thrive. [3:53:48] With that it is ever so [3:53:49] critical that we support [3:53:49] balanced for sale housing [3:53:53] options in district four to [3:53:54] ensure our sustainability while [3:53:58] ensuring we preserve community [3:53:58] character. [3:53:59] Having said that, we also we [3:54:03] have also received countless [3:54:03] public comment from communities [3:54:07] citywide regarding the city's [3:54:08] adu density bonus program. [3:54:12] These provisions go way beyond [3:54:13] state regulations and are doing [3:54:17] more harm than good. [3:54:17] >> Thank you. [3:54:21] As I spent the past weekend [3:54:22] celebrating the life and legacy [3:54:26] of Reverend DR. Martin Luther [3:54:27] King Jr, I took time to drive [3:54:31] in cancer and I must say that I [3:54:32] agree with my community. [3:54:33] The current adu density bonus [3:54:37] program as implemented is [3:54:37] destroying community character [3:54:38] impacting for sale [3:54:42] opportunities and potentially [3:54:42] creating unsafe conditions. [3:54:46] We must pauses program and [3:54:46] address all unintended [3:54:49] consequences and negative [3:54:50] impacts that are affecting [3:54:55] communities citywide. [3:54:56] When I conclude I want to [3:55:00] indicate that I am in support [3:55:01] of staff's recommendation [3:55:01] before us today. [3:55:05] I will say again we must [3:55:06] continue to support our working [3:55:06] families. [3:55:10] Our skilled and trained [3:55:10] workforce teachers, nurses, [3:55:15] firefighters, police officers, [3:55:15] professionals, mothers, [3:55:20] fathers, millennials and [3:55:20] the like who seek to build [3:55:21] generational wealth and have an [3:55:25] opportunity tunity to buy, live [3:55:26] and raise their families in [3:55:30] District four and citywide. [3:55:34] >> >> With that I move [3:55:39] the following approves Das [3:55:39] recommendation to remove [3:55:40] the footnote seven from [3:55:44] the Land Development code and [3:55:45] to request that city staff [3:55:49] return to City Council within [3:55:50] 60 days with an action item to [3:55:50] remove the city's 82 density [3:55:54] bonus program so that the 82 [3:55:55] program is consistent with [3:55:58] the state mandated adu [3:55:59] regulations for single family [3:55:59] zoned parcels. [3:56:06] >> I would like to. [3:56:07] >> I would like to thank my [3:56:11] fellow council members and ask [3:56:12] that you stand with me in doing [3:56:13] what is right for our [3:56:15] communities. [3:56:16] >> And Council PRESIDENT This [3:56:20] concludes my comments. [3:56:21] >> All right. [3:56:21] Thank you, sir. [3:56:25] We'll get that up on the screen [3:56:29] so everybody understands that. [3:56:30] And we'll go next to council [3:56:34] member Campo. [3:56:35] Thank you, Council PRESIDENT. [3:56:36] I want to thank everyone who [3:56:39] came to the meeting. [3:56:40] Well, first the planning [3:56:43] commission then all your [3:56:44] community group meetings then [3:56:49] to State of the City public [3:56:49] comment and then today because [3:56:54] this is a lot of time, effort, [3:56:54] money out of your pocket that [3:56:57] you're not working and having [3:56:58] to find daycare or childcare. [3:57:02] You've put exceptional effort [3:57:03] into community concern As I'm [3:57:07] looking at Councilmember [3:57:08] Foster's motion approving an [3:57:08] ordinance to get rid of [3:57:13] footnotes seven that is clearly [3:57:14] important and just on its own [3:57:18] because it's clear that when it [3:57:19] was put in it was not done [3:57:19] the right way. [3:57:22] Planning staff has said that [3:57:23] that is at the core of why they [3:57:23] want to get rid of it that it [3:57:27] was not done the right way. [3:57:28] That that's undeniably clear. [3:57:32] The request to return to city [3:57:33] staff for 60 days with an [3:57:34] action item to the 80 density [3:57:34] bonus program. [3:57:37] I know that my constituents [3:57:37] have serious serious concerns [3:57:38] about how that's applied [3:57:41] throughout the city. [3:57:41] Councilmember Foster has [3:57:42] described how this impacts [3:57:46] the folks here. [3:57:47] And I'll just say for the folks [3:57:47] who are at home who can't see [3:57:51] what we can see down here, [3:57:56] there are a lot of red eyes and [3:57:56] wrinkled foreheads And folks [3:58:01] who are really, really anxious [3:58:01] for the state of their [3:58:05] community here angry as well. [3:58:10] Yes. [3:58:10] I think that these two [3:58:15] components right here while [3:58:15] obviously we also heard folks [3:58:20] say that a pause on [3:58:21] the projects is is an ultimate [3:58:24] goal. [3:58:25] I think that it is really [3:58:29] important to understand what [3:58:29] the city staff said about what [3:58:33] that means to ask for that [3:58:38] particular amendment. [3:58:39] I have to ask our staff these [3:58:42] items that are at the Club for [3:58:43] Development and the Radio Tower [3:58:47] those things those those things [3:58:48] are discretionary items that [3:58:52] are not just sailing through [3:58:53] because we're not mentioning [3:58:54] them specifically today. [3:58:57] They do have to come back for [3:58:58] different votes, don't they? [3:58:58] That is correct. [3:59:01] Those items will be separately [3:59:02] noticed. [3:59:06] And one of them was heard at [3:59:06] this council, the Klauber [3:59:09] appeal and that appeal was [3:59:10] granted. [3:59:10] I do anticipate that that item [3:59:14] will return to this council for [3:59:15] a decision on the subdivision. [3:59:16] The Council retains approval [3:59:19] authority over that subdivision [3:59:20] and as part of that process [3:59:23] required findings are required [3:59:24] under state and local law for [3:59:28] subdivisions for the D.R. [3:59:29] Horton Radio Tower Project. [3:59:29] That item is a process for [3:59:33] subdivision approval process [3:59:34] with an appeal right of appeal [3:59:34] to the city council. [3:59:35] All right. [3:59:39] So both of those have to come [3:59:39] to city council for a vote on [3:59:40] specific items right there. [3:59:40] That is correct. [3:59:43] Okay. [3:59:48] So what I think you mentioned [3:59:49] the word notice, right? [3:59:53] I think that it's important to [3:59:58] it's important to keep in mind [3:59:58] that this right here is [4:00:03] achieving I think it sounds to [4:00:04] me like two of the three things [4:00:07] that folks in the chambers want [4:00:08] And there's one thing left to [4:00:09] be decided at two separate [4:00:11] votes because they are two [4:00:12] different concepts that will [4:00:13] get deserved attention and look [4:00:17] at an analysis. [4:00:17] And and I think that that's [4:00:18] important for everyone here to [4:00:21] know as they leave here today [4:00:26] that that aspect is not baked [4:00:26] in. [4:00:30] But I really think that [4:00:31] Councilmember Foster's motion [4:00:36] here is a substantial step [4:00:37] forward towards protecting [4:00:37] the community of Encanto [4:00:40] protecting communities in my [4:00:41] district with especially with [4:00:41] that second part. [4:00:45] And I really do want to ask [4:00:45] about the concept of footnote. [4:00:46] I know you brought this up at [4:00:49] Planning Commission at what has [4:00:50] there been a substantial review [4:00:54] for any other types of [4:00:55] footnotes that say in any [4:00:59] particular community a Zoning [4:01:00] that is on one map is actually [4:01:03] not that because that is [4:01:03] the very most disappointing [4:01:08] part that such a footnote could [4:01:09] ever get through. [4:01:09] Has your staff looked for any [4:01:10] more of those footnotes that [4:01:13] actually say just kidding? [4:01:14] >> rs one two means rs one [4:01:18] seven. [4:01:19] >> We have reviewed the land [4:01:22] development code and we have [4:01:23] not identified any other [4:01:23] instances. [4:01:23] Okay. [4:01:27] I will. [4:01:32] >> Besides the two projects on [4:01:32] Klauber and Radio Tower [4:01:36] anywhere else in the city. [4:01:37] What I'm trying to say doesn't [4:01:38] seem to be that there's any [4:01:39] other projects relying on [4:01:44] footnotes to deal with lot size [4:01:45] density requirements that [4:01:48] differentiates based on rs one [4:01:49] whatever rs one whatever. [4:01:53] >> I don't want to represent to [4:01:54] you the entirety of the land [4:01:55] development code but with [4:01:55] respect to singling out a [4:01:58] particular community I do not [4:01:58] believe any additional exist. [4:01:59] Okay. [4:02:03] We we really need to make sure [4:02:03] that that that is the thing is [4:02:07] that singled out are the two [4:02:08] key words that people are [4:02:09] disappointed about. [4:02:11] And so I think because this [4:02:12] motion restores a a good amount [4:02:17] of justice to what's going on [4:02:17] here, I'm going to second [4:02:18] the motion from Councilmember [4:02:21] Foster and I appreciate that. [4:02:22] So thank you for doing [4:02:25] the analysis on that. [4:02:26] Councilmember Foster [4:02:27] Particularly that second item [4:02:31] and I'll leave it at that for [4:02:31] now. [4:02:31] Thank you. [4:02:36] We have a motion by Council [4:02:36] member Foster, a second by [4:02:37] Councilmember Campo and will go [4:02:40] to the city attorney. [4:02:40] Thank you Council PRESIDENT, [4:02:41] for the clarification of that [4:02:45] council. [4:02:46] The item before you today was a [4:02:46] notice to the public as a [4:02:50] potential repeal of Footnote [4:02:50] seven. [4:02:51] It was not noticed for a few [4:02:55] bonus issues or anything else. [4:02:56] The Council certainly can take [4:03:00] action on those in the future. [4:03:00] It would just have to be [4:03:01] noticed for a separate hearing. [4:03:05] Therefore we recommend that [4:03:05] the second part of the motion [4:03:06] be removed. [4:03:10] Other alternatives could be. [4:03:11] You can certainly ask [4:03:14] the mayor's office outside [4:03:14] the motion to bring back which [4:03:19] you would like either to [4:03:20] council or to committee. [4:03:20] It's just because of the state [4:03:24] law noticing require ments we [4:03:25] recommend it not be part of [4:03:29] the actual motion. [4:03:34] >> I appreciate the city [4:03:34] attorney's position. [4:03:38] However I find it very [4:03:39] problematic. [4:03:39] >> We are here. [4:03:43] We are here discussing footnote [4:03:44] seven which I think we have [4:03:48] clearly indicated that [4:03:49] the process that was followed [4:03:53] it was okay. [4:03:54] >> And so I take issue and I [4:03:58] will I'm I'm say that's how we [4:04:02] got put into place your right [4:04:03] let me finish my comments. [4:04:04] If it was acceptable as we move [4:04:07] forward as we moved forward and [4:04:12] we have two projects in India [4:04:12] application process which I [4:04:13] understand we do have [4:04:17] opportunities to review those [4:04:18] on their own but there's a [4:04:22] motion on the floor and I would [4:04:22] request that we call further [4:04:23] question or have some [4:04:26] additional dialog. [4:04:27] And that's where I stand on [4:04:36] this issue right now. [4:04:37] >> So to clarify for the value [4:04:41] the audience I'm supportive of [4:04:41] the motion. [4:04:46] I like to manage expectations. [4:04:46] We don't know what action will [4:04:47] be brought forward. [4:04:50] This is not binding on [4:04:51] the Council with due respect to [4:04:55] my colleague but it is a way to [4:04:56] assert a feeling by the Council [4:05:00] in a stronger way than simply [4:05:01] asking staff Would you please [4:05:07] do this? [4:05:07] Well we'll work with staff in [4:05:12] terms of your timelines to do [4:05:12] whatever analysis has to be [4:05:17] done in whatever scale or scope [4:05:18] this action requires. [4:05:21] I have to admit I don't know [4:05:22] what moving the City density [4:05:26] bonus program to can be [4:05:27] consistent with the state's adu [4:05:31] regulations and the state's adu [4:05:35] bonus density bonus I think is [4:05:36] what I'm hearing from my [4:05:37] colleague if I understand that [4:05:37] correctly. [4:05:41] So it is a more structured way [4:05:46] for the Council to assert our [4:05:47] legislative authority. [4:05:47] I think the city Attorney has [4:05:48] given us good guidance for us [4:05:50] to hear and then for us to [4:05:55] decide what we want to do. [4:05:56] But with that I will go to [4:06:00] council Bloomberg. [4:06:01] Thank you and thank you to [4:06:05] everyone who commented today. [4:06:06] Thank you for this discussion. [4:06:06] Thank you to Victoria who [4:06:10] called in from Scripps Ranch [4:06:11] Planning Group in Scripps Ranch [4:06:11] has quite a few issues with [4:06:15] the bonus edu program as well. [4:06:16] I know we're not noted to [4:06:16] discuss that today so I won't [4:06:19] go further than that but my [4:06:19] community also has issues with [4:06:20] this program as well so I'm [4:06:21] going to be supportive of [4:06:24] the motion as well. [4:06:25] I understand the concern it [4:06:26] wasn't noticed but this is [4:06:26] merely a request We're not [4:06:29] amending the law today. [4:06:30] So I see that we can make this [4:06:34] request in the motion and of [4:06:35] course I want to hear more [4:06:35] about the discussion. [4:06:36] I'm not committing my vote [4:06:36] either way. [4:06:37] I never do. [4:06:38] I had a discussion. [4:06:39] I also want to know more about [4:06:43] new state laws that I know are [4:06:44] coming down with mandates that [4:06:44] are affecting us. [4:06:45] So that's what I'd love to [4:06:46] learn more about as we do this [4:06:47] And I think Councilmember [4:06:47] Foster for bringing this [4:06:51] forward. [4:06:52] >> We'll go next to [4:06:53] Councilmember Campbell. [4:06:53] Thank you very much. [4:06:57] And thanks to my colleagues And [4:06:57] thank you Councilmember Foster. [4:07:02] I have ever since the density [4:07:02] bonus program in the city was [4:07:06] passed which far out does [4:07:07] the state program about use? [4:07:12] I my constituents have been so [4:07:16] upset and the material ization [4:07:17] of small little box on top of [4:07:18] small little box on top of [4:07:21] small little bugs called them [4:07:25] to use and one on one one [4:07:26] affordable one not and you can [4:07:30] double your money and it's just [4:07:31] we're having a terrible time in [4:07:32] district two with this and I [4:07:35] totally agree that this has got [4:07:36] to be reviewed and I, I agree [4:07:40] with my colleague Von Wilpert [4:07:40] who's an excellent attorney and [4:07:45] also here well, we're lucky We [4:07:46] have excellent attorneys all [4:07:50] around us here And I agree this [4:07:51] is only a request So I think it [4:07:55] would pass the muster And then [4:07:59] when it comes back in 60 days [4:07:59] let's hope everybody knows [4:08:00] about it ahead of time, thinks [4:08:04] about it, reads it and digests [4:08:04] it because this is very, very [4:08:08] important about keeping [4:08:09] the quality of our [4:08:10] neighborhoods in our city. [4:08:13] So thank you very much. [4:08:13] >> Okay. [4:08:18] We're almost there. [4:08:18] Come on. [4:08:18] We'll go next to Councilmember [4:08:18] Whitburn. [4:08:19] Council PRESIDENT Just one [4:08:19] request I would request that we [4:08:20] bifurcate the motion if we [4:08:25] could please. [4:08:26] We have a motion on the floor. [4:08:26] You'd have to ask the makers of [4:08:27] the motion So I'm not willing [4:08:32] to bifurcate. [4:08:32] Come on. [4:08:33] We're almost there. [4:08:37] We're almost there. [4:08:37] Okay. [4:08:42] Councilmember Lee Oh, excuse [4:08:42] me. [4:08:43] Council PRESIDENT Pro Tem Lee [4:08:44] Thank yous PRESIDENT Thank you [4:08:47] for the presentation today on [4:08:47] this item. [4:08:48] We've certainly heard a lot [4:08:49] about it in the last couple of [4:08:49] months. [4:08:51] I want to thank the planning [4:08:51] Department for good due [4:08:52] diligence in amending the land [4:08:56] development code when this [4:08:57] issue was brought up to [4:08:57] the city's attention as those [4:09:01] in the public might be able to [4:09:01] tell. [4:09:02] I know some requested that this [4:09:03] happen as quickly as possible [4:09:05] and our planning department [4:09:06] actually does quite a lot And I [4:09:07] think when you look at [4:09:07] the substance of the item it's [4:09:11] not just as simple as removing [4:09:11] a footnote. [4:09:12] You've done some due diligence [4:09:15] in terms of checking with each [4:09:16] cd, I believe and our relevant [4:09:19] state officials to ensure that [4:09:20] this will comply moving forward [4:09:21] with the changes that [4:09:21] the planning. [4:09:24] That was a significant portion [4:09:25] of the backup material. [4:09:25] >> So I just wanted to confirm [4:09:29] that Once again we had [4:09:30] originally conferred with each [4:09:33] city and then our our city [4:09:34] attorney colleagues did confirm [4:09:38] to us separately that we would [4:09:39] be consistent generally [4:09:43] speaking with based on [4:09:44] the advice from the city [4:09:45] attorney's office that we were [4:09:47] able to move forward with [4:09:48] the removal of the amendment. [4:09:49] So we did later withdraw [4:09:52] the requests from city. [4:09:53] Understood. [4:09:53] Okay. [4:09:54] Thank you for clarifying that [4:09:54] as well. [4:09:57] I do And I also think [4:09:58] the public commenters [4:09:59] specifically all the residents [4:09:59] of Encanto for your advocacy to [4:10:03] correct this decision a [4:10:03] decision that at the time of [4:10:04] its adoption was frankly not [4:10:07] representative of the best [4:10:08] planning or land use practices. [4:10:09] >> You've heard the city [4:10:11] acknowledge that I think I too [4:10:12] like you have been asking how [4:10:13] that came out about to be. [4:10:16] But I also can tell you that [4:10:17] the folks in planning today are [4:10:18] not the ones that were here at [4:10:18] that time. [4:10:19] And so as much as as as that [4:10:22] might be something that we all [4:10:22] want understanding of, I think [4:10:23] how we move forward is probably [4:10:27] just as important as well. [4:10:27] I'm happy to support [4:10:28] the removal of Footnote seven [4:10:32] to restore the 20,000 square [4:10:32] foot minimum lot size that [4:10:33] matches the densities [4:10:34] designated in the Canton [4:10:36] neighborhoods Community plan [4:10:37] area and which is also [4:10:38] consistent with the application [4:10:41] of development regulations [4:10:42] citywide. [4:10:42] I will note I want to thank [4:10:43] Councilmember Foster for [4:10:46] talking about just the issue of [4:10:46] minimum lot size in general. [4:10:51] I think I think for this [4:10:51] footnote the most egregious [4:10:52] component of it is what some of [4:10:56] you have pointed out. [4:10:56] It is the specificity in which [4:11:01] it was applied only to specific [4:11:03] neighborhoods even despite [4:11:04] the rs 1-2 zoning being used in [4:11:05] other neighborhoods throughout [4:11:09] the city. [4:11:10] Now if this was an attempt to [4:11:10] apply that across the city we [4:11:14] might still have the same [4:11:14] arguments of whether that's [4:11:15] appropriate. [4:11:15] But I would I would argue that [4:11:16] is actually a much more [4:11:19] relevant way to approach a [4:11:19] significant zoning change here [4:11:23] with a zoning designation like [4:11:24] this as opposed to doing it [4:11:24] with within one community As [4:11:25] many folks probably know in [4:11:29] this room I have been a strong [4:11:29] advocate for housing. [4:11:30] I would not like to see that go [4:11:33] away but also would like to see [4:11:34] that fairly applied to high and [4:11:34] highest resource areas [4:11:35] throughout the city including [4:11:37] within my own community as [4:11:38] opposed to focused in [4:11:38] communities especially that [4:11:42] have been red line in the past [4:11:42] . [4:11:47] I appreciate that but I'll also [4:11:47] want to address the second item [4:11:52] that is attached here to [4:11:53] the motion at hand. [4:11:53] I also heard from the city [4:11:57] attorney I will admit when I [4:11:58] first saw it I also was a [4:11:59] little bit concerned about [4:11:59] where it fell within our notice [4:12:02] guidelines. [4:12:02] But you understand that [4:12:03] the wording here is [4:12:08] specifically that a request is [4:12:08] being made to staff lessee I [4:12:11] don't know if you could clarify [4:12:12] in your opinion if that allows [4:12:16] us some leeway if there are [4:12:17] concerns about ramifications [4:12:17] moving forward, I would at [4:12:18] least like to know to [4:12:19] the public what those [4:12:24] ramifications might look like. [4:12:28] The issue is that the second [4:12:29] part of the motion includes an [4:12:30] entirely different topic that [4:12:34] wasn't in front of the council [4:12:34] today. [4:12:35] So I would be remiss if I did [4:12:35] not advise you that under [4:12:38] the Brown Act all that's in [4:12:38] front of you is the footnote [4:12:39] seven. [4:12:39] However, this Council can [4:12:41] certainly bring back anything [4:12:47] else that it would like. [4:12:47] Okay. [4:12:48] Thank you for the guidance. [4:12:52] Clear as clear water I guess in [4:12:52] this particular case But but [4:12:53] that is that is the guidance [4:12:54] that I think is appropriate to [4:12:56] given if we didn't hear that, I [4:12:57] think that would that would be [4:12:57] remiss if you do not provide it [4:13:01] to us if we're going to talk [4:13:02] about the 80 density bonus [4:13:06] program as a whole as well of [4:13:07] course Chair the Land Use and [4:13:08] housing committee for the city, [4:13:10] I will note that I think [4:13:10] there's been many discussions [4:13:11] whether it's behind the scenes [4:13:12] on this council certainly [4:13:14] hearing from the public that [4:13:15] the density program bonus [4:13:16] program has had some [4:13:20] significant issues and folks [4:13:20] have shared several egregious [4:13:21] examples of the application of [4:13:25] that. [4:13:26] I will only fairly note to you [4:13:26] that 80 density bonus program [4:13:29] has also been used and not just [4:13:30] in District four but in areas [4:13:30] throughout the city to add [4:13:34] additional housing and not [4:13:34] always in the egregious manner [4:13:35] that folks have seen. [4:13:39] I can probably agree with you [4:13:39] that seeing a 40 unit building [4:13:43] pop up in a single family [4:13:44] parcel right next to you is [4:13:45] alarming for a million reasons [4:13:49] and that's not going to be [4:13:50] the same and we should not [4:13:51] compare it as the same as when [4:13:54] it is applied in other areas in [4:13:54] much smaller capacities That [4:13:55] MAY still not be okay with [4:13:58] folks Some folks in this room [4:13:59] but that do add housing to our [4:13:59] stock. [4:14:03] One of the issues that has been [4:14:04] brought up about the program in [4:14:05] the past and reported on by [4:14:07] the media is whether it's [4:14:07] actually delivering the very [4:14:08] low and low income affordable [4:14:12] housing opportunities that we'd [4:14:13] like to see And that has not [4:14:13] necessarily been the case in [4:14:17] the program but it has [4:14:17] delivered moderate income [4:14:18] housing in a city where when [4:14:22] you look at the reports that we [4:14:23] take a look at year after year [4:14:24] we often don't get moderate [4:14:27] income housing in any [4:14:28] productive way unless it just [4:14:29] naturally happens. [4:14:31] And so I will say that there [4:14:32] has been some value to that [4:14:33] program that we should not [4:14:33] deny. [4:14:36] At the same time as we're [4:14:37] considering the detriments to [4:14:37] it as well. [4:14:41] So with that said, I would I [4:14:42] would not personally jump [4:14:43] straight to the idea of [4:14:46] removing the program entirely [4:14:47] because we haven't even [4:14:48] conducted I believe a review of [4:14:51] the program and its function at [4:14:52] least since my time here on [4:14:55] the Council and I think it [4:14:56] deserves that review and [4:15:00] the potential for any revisions [4:15:01] that could be made moving [4:15:01] forward. [4:15:03] I'll take my additional three [4:15:04] minutes but in this particular [4:15:05] case I do understand that [4:15:05] Councilmember Foster is simply [4:15:08] making the request that staff [4:15:09] return to this as a potential [4:15:10] item that we might discuss at a [4:15:14] council and that I will respect [4:15:14] given the magnitude of this [4:15:17] overall conversation. [4:15:18] I just wanted to stay very [4:15:19] clear for the record My [4:15:23] positioning when it comes to [4:15:23] how we approach housing [4:15:24] decisions and that even for [4:15:24] something like the density [4:15:28] bonus program I'm very happy to [4:15:28] have that discussion. [4:15:29] But again I would not jump to [4:15:32] simply removing it without [4:15:33] understanding the full [4:15:33] ramifications of what that [4:15:34] looks like. [4:15:34] So with that said I will [4:15:38] conclude my time. [4:15:38] Thank you to Councilmember [4:15:39] Foster for your work on [4:15:39] the same. [4:15:40] All right. [4:15:42] Councilmember Moreno, thank you [4:15:43] for the presentation and thank [4:15:46] you to all the members that [4:15:47] came out today. [4:15:47] I just want to be very clear [4:15:52] that I absolutely do support [4:15:52] the motion on the floor but I [4:15:57] also want to be clear about [4:15:58] the fact that I'm going to have [4:16:01] to consider any any changes to [4:16:02] the adu program separately from [4:16:03] the action before us today. [4:16:04] But I will be supporting [4:16:05] the motion on the floor. [4:16:10] >> Thank you. [4:16:11] We'll go back to Council member [4:16:11] Whipper. [4:16:14] Thank you very much. [4:16:14] Council PRESIDENT I strongly [4:16:18] support the first part of [4:16:21] the motion removing Footnote [4:16:22] seven I am very hesitant to [4:16:26] support a part of the motion [4:16:26] that the city Attorney has [4:16:27] specifically advised the City [4:16:31] Council violates the Brown Act. [4:16:36] I would ask the city Attorney [4:16:36] and one of the reasons that I [4:16:41] hesitate is because if [4:16:41] the second part of the motion [4:16:42] is found to violate the Brown [4:16:45] Act and is thrown out, that [4:16:46] would invalidate the entire [4:16:46] motion And I don't think that's [4:16:50] what anybody here wants to see. [4:16:51] So let me ask the city attorney [4:16:55] if the second part of this [4:16:56] motion were found to be in [4:16:59] violation of the Brown Act, [4:16:59] would it in fact invalidate [4:17:00] the entire motion or how would [4:17:04] that be handled? [4:17:09] >> >> I can't completely answer [4:17:10] that question because that's [4:17:11] something that would be up to a [4:17:14] court to decide if someone [4:17:15] filed a lawsuit alleging a [4:17:19] Brown Act violation, then it [4:17:24] would be possible that [4:17:24] the court could invalidate [4:17:25] the whole motion. [4:17:29] But I can't speak to that. [4:17:30] >> I'm sorry. [4:17:30] Okay. [4:17:34] I think it would be safer for [4:17:35] everybody here to bifurcate [4:17:35] the motion and lock in [4:17:39] the repeal of footnotes seven [4:17:40] and deal with the second part [4:17:43] of the motion separately. [4:17:44] But I will support the motion [4:17:49] and if people want to take [4:17:53] their chances okay, [4:17:54] Councilmember Gilbert, thank [4:17:58] you very much. [4:17:59] A couple of things to add. [4:18:02] One is it showed we could if [4:18:03] there were a Brown Act [4:18:04] violation allegation we could [4:18:04] simply cure the motion. [4:18:05] Correct. [4:18:07] Just hear it again. [4:18:09] We just have to go to court to [4:18:11] be cured. [4:18:12] >> The Brown Act as you know, [4:18:16] has some requirements that [4:18:21] someone before they do ask [4:18:22] the city to cure the violation. [4:18:23] That's not true for every [4:18:26] single violation of the Brown [4:18:27] Act. [4:18:28] So I would need to double check [4:18:28] on that. [4:18:32] But to answer your question in [4:18:32] part yes, generally the council [4:18:36] would need to have an [4:18:37] opportunity to cure that before [4:18:37] a lawsuit could be filed. [4:18:37] Okay. [4:18:41] Thank you and I appreciate it. [4:18:42] And I understand not having all [4:18:42] the answers on the spot [4:18:46] Attorneys get better all [4:18:46] the time. [4:18:47] I just wanted to also add more [4:18:50] context to my request in terms [4:18:51] of when we come back to have a [4:18:55] discussion again in District [4:18:56] five actually as far as I [4:18:56] understand it, based on last [4:19:01] year's report accepted the most [4:19:01] infill density the second most [4:19:05] of any district in the city [4:19:05] some short of District three we [4:19:06] accepted thousands of housing [4:19:12] units in our district in [4:19:12] pre-independence ghettos and [4:19:13] Castle Mountain. [4:19:14] Our script for Clean Plan Group [4:19:14] is actually not against a new [4:19:15] project going forward in [4:19:16] Rasouli So our district does [4:19:17] want to accept new housing for [4:19:19] young families, for [4:19:20] professionals we are we are all [4:19:20] about that. [4:19:21] Our concerns are about when [4:19:24] things aren't planned. [4:19:25] We can't have a 40 unit [4:19:25] apartment building going up [4:19:29] south of Cammarata Road where [4:19:30] there's only one exit in and [4:19:30] out and that community barn in [4:19:33] 2003 we just had a major [4:19:33] traffic back up in [4:19:34] the evacuation of Rancho [4:19:35] Bernardo when the fire broke [4:19:38] out where all the new [4:19:39] developments are and we're [4:19:39] going to address that if we can [4:19:40] fix it. [4:19:40] I'm meeting with the police [4:19:43] department next week to talk [4:19:44] about evacuation procedures. [4:19:44] We can certainly fix it but [4:19:45] that's because these are [4:19:48] planned developments and we [4:19:49] know where they're going. [4:19:49] And so I think that's part of [4:19:53] our request is just to make [4:19:53] sure that we have transparency [4:19:54] in this and that things don't [4:19:57] just pop up out of nowhere. [4:19:58] So I'd love to talk about, you [4:19:59] know, fire zones and evacuation [4:20:02] plans when the when this comes [4:20:03] back And again, I'm not [4:20:04] committing my vote either way [4:20:04] because I wouldn't do that. [4:20:07] I'm committing to having a [4:20:08] discussion again. [4:20:08] So I appreciate that And thank [4:20:12] you very much for your time. [4:20:12] All right. [4:20:13] I don't see anybody on [4:20:16] the lights sitting here in this [4:20:16] chair. [4:20:17] I feel compelled It seems to me [4:20:21] that there's definitely [4:20:22] the vote for the first part and [4:20:22] I believe there's actually [4:20:26] definitely votes for the second [4:20:26] part. [4:20:27] The risk that the city attorney [4:20:31] has not addressed and I don't [4:20:32] think my colleagues have asked. [4:20:36] We're fighting the clock on [4:20:37] getting rid of footnote seven [4:20:41] Any delay pushes the final [4:20:42] action which is not final today [4:20:46] goes through bureaucratic steps [4:20:47] before footnote seven actually [4:20:50] is a race from the books. [4:20:51] Well anybody come after us for [4:20:55] a brown I don't know But there [4:20:56] is a risk But I think the votes [4:21:01] are there if it were to [4:21:05] bifurcated So that's my thought [4:21:05] . [4:21:06] I'm still going to support it [4:21:11] as is But just want to make [4:21:11] sure that all my colleagues [4:21:15] including our esteemed [4:21:16] colleague Councilmember Foster [4:21:17] is aware of that option. [4:21:17] But if you want to leave it [4:21:20] like that in the sucker [4:21:21] the motion wants to leave it [4:21:22] like that So be it. [4:21:27] I appreciate the comments [4:21:32] Council PRESIDENT But as it [4:21:36] stands right now I have tried [4:21:41] to work with the administration [4:21:42] . [4:21:42] I have not heard anything in [4:21:46] regards to a pause and when I [4:21:47] say I drove the community I [4:21:51] drove a project that is in [4:21:51] the dead end of a hillside [4:21:58] where I could not drive my car [4:21:59] through the road to get there [4:22:04] and for me I don't know how we [4:22:05] get a fire truck through. [4:22:08] There you go. [4:22:13] And so I just have to stand on [4:22:14] my position at this point And [4:22:19] again it is to request an [4:22:19] action to come back. [4:22:23] As I do know there is a lot of [4:22:24] discussion that needs to take [4:22:28] place because when we roll this [4:22:29] out and did the implementation [4:22:33] clearly we did it wrong. [4:22:33] Yeah And so I would request [4:22:37] that we move forward and call [4:22:38] for the question and let's move [4:22:38] on. [4:22:38] Thank you. [4:22:42] That was the last comment. [4:22:43] The motion is up there on [4:22:43] the screen. [4:22:47] Put forth by Councilmember [4:22:48] Foster and a second by Council [4:22:49] member Campo. [4:22:52] Clerk Call the vote. [4:22:53] >> I started the voting system. [4:23:01] Please cast your vote. [4:23:04] That does pass unanimously 8 to [4:23:05] 0 with council member Yellow [4:23:09] River absent. [4:23:10] Okay with that action we will [4:23:14] now adjourn Council for [4:23:14] the next regularly scheduled [4:23:15] Council meeting on Monday