THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, NOVEMBER 19, 2024
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................4 ATTENDANCE DURING THE MEETING...................................................................................4 ROLL CALL ..........................................................................................................................4 LAND ACKNOWLEDGEMENT .................................................................................................5 NON-AGENDA PUBLIC COMMENT .........................................................................................5
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................7 SPECIAL ORDERS OF BUSINESS ...........................................................................................8 Item 100: Authorization of a Five-Year Corporate Partnership Agreement with National University, San Diego College of Continuing Education, University of California San Diego Division of Extended Studies, and the University of California San Diego Rady School of Management to be The Official Employee Education Program Partners of the City of San Diego.8 Item 101: Compensation Agreement – Balboa Theatre (868 Fourth Avenue)...........................9 Item 102: Compensation Agreement – Linda Vista (6901-6921 Linda Vista Road)..................10 Item 103: Adopting an Amended Conflict of Interest Code for the Office of the Chief Operating Officer and Administration ..................................................................................................11 Item 104: Adopting an Amended Conflict of Interest Code for the Stormwater Department....12 Item 105: Adopting an Amended Conflict of Interest Code for the Sustainability & Mobility Department.......................................................................................................................13 Item 106: Adopting an Amended Conflict of Interest Code for the Fire-Rescue Department....13 Item 107: Approval of Covert Audio Recording Technologies Pursuant to the Transparent and Responsible Use of Surveillance Technology Ordinance.........................................................14 Minutes of Tuesday, November 19, 2024 Page 2
Table of Contents (Continued)
Item 108: Approval of Covert Video Recording Technologies Pursuant to the Transparent and Responsible Use of Surveillance Technology Ordinance.........................................................15 Item 109: Settlement of CR Airway Gardens LLC, et al. v. City of San Diego, et al., San Diego Superior Court Case No. 37-2021-00052440-CU-MC-CTL, Consolidated with CR EPOCA Communities M, LLC v. City of San Diego, et al., San Diego Superior Court Case No. 37-2023- 00018832-CU-MC-CTL. Risk Claim Nos. 28611 and 33335.....................................................16 Item 110: Appointments and Reappointments to the Youth Commission...............................17 Item 111: Reappointments to the Commission on Gang Prevention and Intervention................. ........................................................................................................................................18 Item 112: Reappointments to the Consolidated Plan Advisory Board.....................................19 Item 113: Declaring a Continued State of Emergency Regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico...............................................................................19 Item 114: A Continued State of Local Emergency Due to January 22, 2024, Winter Storm ......... ........................................................................................................................................20 Item 115: Appointments to the Franchise Compliance Review Committee .............................21 Item 330: Confirming the Ethics Commission's Appointment of an Executive Director ............22 Item 331: Approving All Eligible Uses of the City of San Diego's Grant from the State of California Permanent Local Housing Allocation Program Fund................................................22 Item 332: This item has been removed from the Agenda.....................................................23 Item 333: Clairemont Village - Project No. 697307 ..............................................................23 Item S500: Agreement Satisfying and Terminating Obligations Under 2004 Transfer Agreement and Amending 2004 City Option, in Relation to Property Located at 1100 Kettner Boulevard ...25 Item S501: Resolution Excusing Councilmember Jennifer Campbell from Attending City Council and Committee Meetings Due to Personal and Medical Leave Reasons...................................26 Item S502: City Attorney Mara W. Elliott Day......................................................................27 Item S503: Julie Coker Day ...............................................................................................27 Item S504: San Diego Hunger Coalition 50th Anniversary Day..............................................28 Item S505: National Apprenticeship Week 2024 ..................................................................28 Minutes of Tuesday, November 19, 2024 Page 3
Table of Contents (Continued)
Item S506: Approval of a Request for a Conflict-of-Interest Waiver from Devaney Pate Morris & Cameron LLP .....................................................................................................................29 REPORT OUT FROM CLOSED SESSION................................................................................30 ADJOURNMENT .................................................................................................................30 Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Tuesday, November 19, 2024
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:05 a.m. Councilmember Moreno left the meeting at 12:32 p.m. The meeting was recessed by Council President EloRivera at 12:57 p.m. for the noon recess to be reconvened at 2:00 p.m.
The meeting was reconvened by Council President Elo-Rivera at 2:06 p.m. with Councilmember von Wilpert, Councilmember Campillo, and Councilmember Moreno not present.
Councilmember von Wilpert arrived to the meeting at 2:12 p.m. Council President Elo-Rivera recessed the meeting at 2:13 p.m. to convene the Housing Authority meeting. Council President Elo-Rivera reconvened the regular meeting at 2:59 p.m. with Councilmember Campillo not present. The meeting was adjourned by Council President Elo-Rivera at 4:48 p.m.
ATTENDANCE DURING THE MEETING
PRESENT:
CD-1 Council President Pro Tem Joe LaCava
CD-2 Councilmember Jennifer Campbell
CD-3 Councilmember Stephen Whitburn
CD-4 Councilmember Henry L. Foster III
CD-5 Councilmember Marni von Wilpert
CD-6 Councilmember Kent Lee
CD-8 Councilmember Vivian Moreno - (Pursuant to California Government Code section 54953(f), participated remotely for just cause due to childcare needs with no individuals 18 years of age or older present in the room.)
CD-9 Council President Sean Elo-Rivera
ABSENT:
CD-7 Councilmember Raul A. Campillo
CITY CLERK:
Fuentes (km/gs)
ROLL CALL
(1) Council President Pro Tem LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-present
(4) Councilmember Foster-present
(5) Councilmember von Wilpert-present
(6) Councilmember Lee-present
(7) Councilmember Campillo-not present
(8) Councilmember Moreno-present
(9) Council President Elo-Rivera-present
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, November 19, 2024
LAND ACKNOWLEDGEMENT
Statement read by Council President Pro Tem LaCava.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council President Pro Tem LaCava.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Purita A. Javier commented on ceramics kiln toxicity in a residential.
COUNCIL ACTION: Start Time: 4:19 PM
PUBLIC COMMENT-2:
Cesar B. Javier commented on ceramics kiln toxicity in a residential zone community.
COUNCIL ACTION: Start Time: 4:20 PM
PUBLIC COMMENT-3:
Maria Hungate commented on children and adults were molested.
COUNCIL ACTION: Start Time: 4:22 PM
PUBLIC COMMENT-4:
Dorothy Lazenby commented on issues of the City.
COUNCIL ACTION: Start Time: 4:24 PM
PUBLIC COMMENT-5 (virtual):
Lori Saldaña commented on canyon wildfires.
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, November 19, 2024
COUNCIL ACTION: Start Time: 4:26 PM
PUBLIC COMMENT-6 (virtual):
Terri-Ann Skelley commented on the harms of marijuana marketing.
COUNCIL ACTION: Start Time: 4:29 PM
PUBLIC COMMENT-7 (virtual):
Blair Beekman commented on traveling to Asia and previous comments.
COUNCIL ACTION: Start Time: 4:31 PM
PUBLIC COMMENT-8 (virtual):
Francine Maxwell commented on investigating the San Diego Police Department.
COUNCIL ACTION: Start Time: 4:33 PM
PUBLIC COMMENT-9 (virtual):
Joy Sunyata commented on part 6 of the Declaration of Interdependence for San DiegoTijuana.
COUNCIL ACTION: Start Time: 4:36 PM
PUBLIC COMMENT-10 (virtual):
Judi Strang commented on effects of drug use on young adults.
COUNCIL ACTION: Start Time: 4:38 PM
PUBLIC COMMENT-11 (virtual):
Becky Rapp commented on correlation between permitting marijuana businesses and increases in youth consumption.
COUNCIL ACTION: Start Time: 4:40 PM
PUBLIC COMMENT-12 (virtual):
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, November 19, 2024
Madison commented on harmful effects of vaping and e-cigarettes.
COUNCIL ACTION: Start Time: 4:42 PM
PUBLIC COMMENT-13 (virtual):
Michael Schmidt commented on rents too high.
COUNCIL ACTION: Start Time: 4:44 PM
PUBLIC COMMENT-14 (virtual):
Megan Stuart commented on THC levels in edibles.
COUNCIL ACTION: Start Time: 4:45 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT CITY CLERK COMMENT:
City Clerk Fuentes announced the Office of the City Clerk is hosting a community feedback session regarding the Elections process on Thursday, November 21, 2024, at 5:30 p.m. at the Mountain View Recreation Center (641 South Boundary Street.) She mentioned this event is to empower the community and learn how elections in the City of San Diego work. Registrations for this event can be made at 619-533-4000 or email [email protected].
COUNCIL ACTION: Start Time: 10:42 AM
SPECIAL ORDERS OF BUSINESS
None.
Item 100: Authorization of a Five-Year Corporate Partnership Agreement with National University, San Diego College of Continuing Education, University of California San Diego Division of Extended Studies, and the University of California San Diego Rady School of Management to be The Official Employee Education Program Partners of the City of San Diego.
Total Estimated Cost of Proposed Action and Funding Source:
The City of San Diego budget is not impacted by these agreements.
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, November 19, 2024
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-230) ADOPTED AS RESOLUTION R-315885
Resolution approving corporate partnership agreements with National University, San Diego College of Continuing Education, University of California San Diego Division of Extended Studies and University of California San Diego Rady School of Management to be the official employee education program partners of the City of San Diego.
Committee Actions Taken:
This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on October 30, 2024.
ACTION: Motion by Chair Campillo, second by Vice Chair Lee, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Campillo-yea, Lee-yea, Foster III-yea, Campbell-not present.
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Marguerite Middaugh
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Vivian Moreno.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Raul A. Campillo.
Item 101: Compensation Agreement – Balboa Theatre (868 Fourth Avenue).
Total Estimated Cost of Proposed Action and Funding Source:
No fiscal impact at this time.
Council District(s) Affected: 3.
Proposed Actions:
(R-2025-222) ADOPTED AS RESOLUTION R-315886
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, November 19, 2024
Resolution approving the compensation agreement for the Balboa Theatre site in downtown San Diego and authorizing related actions.
Committee Actions Taken:
This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on October 30, 2024.
ACTION: Motion by Chair Campillo, second by Vice Chair Lee, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Campillo-yea, Lee-yea, Foster III-yea, Campbell-not present.
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Kevin Reisch
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Vivian Moreno.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Raul A. Campillo.
Item 102: Compensation Agreement – Linda Vista (6901-6921 Linda Vista Road).
Total Estimated Cost of Proposed Action and Funding Source:
No fiscal impact at this time.
Council District(s) Affected: 7.
Proposed Actions:
(R-2025-223) ADOPTED AS RESOLUTION R-315887
Resolution approving the compensation agreement for the site at 6901-6921 Linda Vista Road in the Linda Vista neighborhood and authorizing related actions.
Committee Actions Taken:
This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on October 30, 2024.
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, November 19, 2024
ACTION: Motion by Chair Campillo, second by Vice Chair Lee, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Campillo-yea, Lee-yea, Foster III-yea, Campbell-not present.
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Kevin Reisch
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Vivian Moreno.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Raul A. Campillo.
Item 103: Adopting an Amended Conflict of Interest Code for the Office of the Chief Operating Officer and Administration.
Total Estimated Cost of Proposed Action and Funding Source:
There is no City expenditure being approved with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-219) ADOPTED AS RESOLUTION R-315888
Resolution adopting an amended Conflict of Interest Code for the Office of the Chief Operating Officer and Administration.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Office of the Chief Operating Officer: Kristina Peralta, (619) 236-6214 City Attorney Contact: Jose A. Garcia
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Vivian Moreno.
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, November 19, 2024
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Raul A. Campillo.
Item 104: Adopting an Amended Conflict of Interest Code for the Stormwater Department.
Total Estimated Cost of Proposed Action and Funding Source:
There are no costs associated with this item.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-235) ADOPTED AS RESOLUTION R-315889
Resolution adopting an amended Conflict of Interest Code for the Stormwater Department.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Stormwater Department: Todd Synder, (858) 541-4318
City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Vivian Moreno.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Raul A. Campillo.
Item 105: Adopting an Amended Conflict of Interest Code for the Sustainability & Mobility Department.
Total Estimated Cost of Proposed Action and Funding Source:
There is no City expenditure being approved with this action.
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, November 19, 2024
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-225) ADOPTED AS RESOLUTION R-315890
Resolution adopting an amended Conflict of Interest Code for the Sustainability and Mobility Department.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Sustainability and Mobility: Heather Werner, (858) 492-5082 City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Vivian Moreno.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Raul A. Campillo.
Item 106: Adopting an Amended Conflict of Interest Code for the Fire-Rescue Department.
Total Estimated Cost of Proposed Action and Funding Source:
There is no City expenditure being approved with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-184) ADOPTED AS RESOLUTION R-315891
Resolution adopting an amended Conflict of Interest Code for the Fire-Rescue Department.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Fire-Rescue: Willy Melendez, (619) 533-1377
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, November 19, 2024
City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Vivian Moreno.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Raul A. Campillo.
Item 107: Approval of Covert Audio Recording Technologies Pursuant to the Transparent and Responsible Use of Surveillance Technology Ordinance.
Total Estimated Cost of Proposed Action and Funding Source:
There is no City expenditure being approved with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-160) ADOPTED AS RESOLUTION R-315892
Resolution approving Covert Audio Recording technology pursuant to the Transparent and Responsible Use of Surveillance Technology Ordinance.
Committee Actions Taken:
This item was heard at the Public Safety Committee meeting on October 16, 2024.
ACTION: Motion by Chair von Wilpert, second by Vice Chair Campillo, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; von Wilpert-yea, Campillo-yea, Whitburn-yea, Campbell-not present.
Police: Captain Matt Dobbs, (619) 692-4886
City Attorney Contact: Lara Easton
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Vivian Moreno.
Passed by the following vote:
Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, November 19, 2024
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Raul A. Campillo.
Item 108: Approval of Covert Video Recording Technologies Pursuant to the Transparent and Responsible Use of Surveillance Technology Ordinance.
Total Estimated Cost of Proposed Action and Funding Source:
There is no City expenditure being approved with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-161) ADOPTED AS RESOLUTION R-315893
Resolution approving Covert Video Recording technology pursuant to the Transparent and Responsible Use of Surveillance Technology Ordinance.
Committee Actions Taken:
This item was heard at the Public Safety Committee meeting on October 16, 2024.
ACTION: Motion by Chair von Wilpert, second by Vice Chair Campillo, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; von Wilpert-yea, Campillo-yea, Whitburn-yea, Campbell-not present.
Police: Captain Matt Dobbs, (619) 692-4886
City Attorney Contact: Lara Easton
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Vivian Moreno.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Raul A. Campillo.
Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, November 19, 2024
Item 109: Settlement of CR Airway Gardens LLC, et al. v. City of San Diego, et al., San Diego Superior Court Case No. 37-2021-00052440-CU-MC-CTL, Consolidated with CR EPOCA Communities M, LLC v. City of San Diego, et al., San Diego Superior Court Case No. 37-2023- 00018832-CU-MC-CTL. Risk Claim Nos. 28611 and 33335.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $5,307,924.77 will be paid from Sewer Fund.
Council District(s) Affected: 8.
Proposed Actions:
(R-2025-193 Cor. Copy) ADOPTED AS RESOLUTION R-315894
Resolution authorizing the settlements of CR Airway Gardens LLC, et al. v. City of San Diego, et al., San Diego Superior Court No. 37-2021-00052440-CU-MC-CTL, consolidated with CR EPOCA Communities M. LLC v. City of San Diego, et al., San Diego Superior Court No. 37-2023- 00018832-CU-MC-CTL. Risk Claim Nos. 28611 and 33335, regarding the collection and administration of sewer surcharge fees in Otay Mesa.
Committee Actions Taken: N/A
Office of the City Attorney: Jon Taylor, (619) 235-5898 COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Vivian Moreno.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Raul A. Campillo.
Item 110: Appointments and Reappointments to the Youth Commission.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 2, 5.
Proposed Actions:
(R-2025-224) ADOPTED AS RESOLUTION R-315895
Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, November 19, 2024
Resolution confirming the Mayor's appointments of Sadie Aleyna Wheeler and Vinayak Venugopal for terms ending July 1, 2026, and reappointments of Sarah Gao and Milan Shah for terms ending July 1, 2026, to the City of San Diego Youth Commission.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Vivian Moreno.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Raul A. Campillo.
Item 111: Reappointments to the Commission on Gang Prevention and Intervention.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 3, 6, 9.
Proposed Actions:
(R-2025-231) ADOPTED AS RESOLUTION R-315896
Resolution confirming the Mayor's reappointment of Elizabeth Bustos, Lon Chhay, Godwin Higa, and D'Andre Brooks to the Commission on Gang Prevention and Intervention for terms ending July 1, 2026.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Vivian Moreno.
Passed by the following vote:
Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, November 19, 2024
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Raul A. Campillo.
Item 112: Reappointments to the Consolidated Plan Advisory Board.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 2, 3, 7.
Proposed Actions:
(R-2025-205) ADOPTED AS RESOLUTION R-315897
Resolution confirming the Mayor's reappointments of Abena Bradford, Jordan Beane, and Nick Gulino to the Consolidated Plan Advisory Board for terms ending July 1, 2026.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Vivian Moreno.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Raul A. Campillo.
Item 113: Declaring a Continued State of Emergency Regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico.
Total Estimated Cost of Proposed Action and Funding Source: N/A Proposed Actions:
(R-2025-149) ADOPTED AS RESOLUTION R-315898
Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, November 19, 2024
Declaring a Continued State of Emergency Regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico.
Committee Actions Taken: N/A
City Attorney Contact: Noah J. Brazier
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Vivian Moreno.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Raul A. Campillo.
Item 114: A Continued State of Local Emergency Due to January 22, 2024, Winter Storm.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-218) ADOPTED AS RESOLUTION R-315899
Resolution declaring a continued state of local emergency related to the January 22, 2024, severe winter storm.
Committee Actions Taken: N/A
Office of the Mayor: Kohta Zaiser, (619) 236-6330
City Attorney Contact: Michelle Garland
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Vivian Moreno.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Raul A. Campillo.
Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, November 19, 2024
Item 115: Appointments to the Franchise Compliance Review Committee.
Total Estimated Cost of Proposed Action and Funding Source:
None associated with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-209) ADOPTED AS RESOLUTION R-315900
Resolution making Council appointments to the Franchise Compliance Review Committee until dissolution of this temporary committee.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Council District 9: Luz Anaya Luna, (619) 236-6699
City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Vivian Moreno.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Raul A. Campillo.
Item 330: Confirming the Ethics Commission's Appointment of an Executive Director.
Total Estimated Cost of Proposed Action and Funding Source:
The Executive Director will be hired at a salary set by the Commissioners in accordance with Managerial Level C and funded by the General Fund. The Ethics Commission's Fiscal Year 2025 budget includes funding for a 0.25 position that will provide for an overlap period for training with the current Executive Director, until her departure. The Fiscal Year 2025 budget then provides funding for the new Executive Director's salary thereafter.
Council District(s) Affected: Citywide.
Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, November 19, 2024
Proposed Actions:
(R-2025-220 Cor. Copy) ADOPTED AS RESOLUTION R-315902
Resolution confirming the Ethics Commission's Appointment of an Executive Director.
Committee Actions Taken: N/A
Ethics Commission: Paul Cooper - Ethics Commission Chair, (619) 533-3476 City Attorney Contact: Joan F. Dawson
COUNCIL ACTION: Start Time: 11:38 AM
MOTION BY SEAN ELO-RIVERA TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Raul A. Campillo.
Item 331: Approving All Eligible Uses of the City of San Diego's Grant from the State of California Permanent Local Housing Allocation Program Fund.
Total Estimated Cost of Proposed Action and Funding Source:
There is no cost associated with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-207) ADOPTED AS AMENDED AS RESOLUTION R-315907
Resolution of the Council of the City of San Diego approving all eligible uses of the City of San Diego's grant from the State of California's Permanent Local Housing Allocation Program Funds.
Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Kate Malcolm
COUNCIL ACTION: Start Time: 2:59 PM
MOTION BY KENT LEE TO ADOPT THE RESOLUTION AS AMENDED TO: REQUIRE THAT ANY
FUTURE APPROPRIATION OF PERMANENT LOCAL HOUSING ALLOCATION COME TO THE CITY Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, November 19, 2024
COUNCIL PRIOR TO IT BEING EXPENDED FOR CITY COUNCIL APPROVAL; AND ECONOMIC
DEVELOPMENT DEPARTMENT STAFF PROVIDE AN ANNUAL REPORT EACH YEAR ON
PERMANENT LOCAL HOUSING ALLOCATION EXPENDITURES TO BE PRESENTED AT LAND USE AND HOUSING COMMITTEE, WITH THE FIRST REPORT BEING PRESENTED BY MARCH 2025, PRIOR TO THE RELEASE OF THE PROPOSED FISCAL YEAR 2026 BUDGET. Second by Stephen Whitburn.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Sean Elo-Rivera;
Nay: Vivian Moreno;
Recused: (None);
Not Present: Raul A. Campillo.
Item 332: This item was removed from the Agenda.
Item 333: Clairemont Village - Project No. 697307.
Total Estimated Cost of Proposed Action and Funding Source:
None. Costs associated with this project will be paid by the applicant through a deposit account.
Council District(s) Affected: 2.
Proposed Actions:
The Clairemont Village project proposes a Neighborhood Development Permit, Site Development Permit, and Easement Vacation to partially vacate an unnamed easement totaling 1,756 square feet used for incidental purposes, rescind Community Plan Implementation Overlay Zone Permit No. 90-0830, demolish approximately 3,770 square feet of retail-commercial space for the provision of a fire-access lane, and construct a new five-story 224-unit multi-dwelling unit building totaling 262,624 square feet over two stories of parking totaling 124,449 square feet located at 3001 through 3089 Clairemont Drive (Clairemont Village Project).
Subitem-A: (R-2025-204) ADOPTED AS RESOLUTION R-315904
Resolution Adopting Subsequent Mitigated Negative Declaration No. 697307/SCH No. 2019060003 and Adopting the Mitigation, Monitoring, and Reporting Program for the Clairemont Village Project.
Subitem-A: This item is not subject to the Mayor's veto.
Subitem-B: (R-2025-203) ADOPTED AS RESOLUTION R-315905
Resolution granting Easement Vacation No. 2605866 for the Clairemont Village Project.
Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, November 19, 2024
Subitem-B: This item is not subject to the Mayor's veto.
Subitem-C: (R-2025-202) ADOPTED AS RESOLUTION R-315906
Resolution granting Site Development Permit, Neighborhood Development Permit and Rescinding Community Plan Implementation Overlay Zone Permit No. 90-0830 for the Clairemont Village Project.
Subitem-C: This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Development Services: Benjamin Hafertepe, (619) 446-5086 City Attorney Contact: Shannon Eckmeyer
COUNCIL ACTION: Start Time: 3:32 PM
Public testimony by Ben, Chris Smith, Serafin, Rick, Sally Chipman, Cesar Javier, Victoria Yundt, Lori Saldaña, Joy Sunyata, and Blair Beekman.
MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Stephen Whitburn.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Raul A. Campillo; Vivian Moreno.
Item S500: Agreement Satisfying and Terminating Obligations Under 2004 Transfer Agreement and Amending 2004 City Option, in Relation to Property Located at 1100 Kettner Boulevard.
Total Estimated Cost of Proposed Action and Funding Source:
MCASD will cause $150,000 to be transferred to the City in satisfaction of its financial obligation under the 2004 Transfer Agreement for the Public Access Improvements associated with the B Street Corridor Improvement project. These funds will be deposited into a dedicated account to be used by the Successor Agency or its authorized agent to fund the completion of the Public Access Improvements.
Council District(s) Affected: 3.
Proposed Actions:
(R-2025-208) ADOPTED AS RESOLUTION R-315903
Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, November 19, 2024
Resolution approving the Agreement Satisfying and Terminating Obligations Under 2004 Transfer Agreement and Amending 2004 City Option, in relation to the museum site at 1100 Kettner Boulevard in downtown San Diego and authorizing related actions.
Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Kevin Reisch
COUNCIL ACTION: Start Time: 12:00 PM
MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Raul A. Campillo, Vivian Moreno.
Item S501: Resolution Excusing Councilmember Jennifer Campbell from Attending City Council and Committee Meetings Due to Personal and Medical Leave Reasons.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-238) ADOPTED AS RESOLUTION R-315901
Resolution excusing Councilmember Jennifer Campbell's absences from Council and Committee meetings.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Council District 2: Venus Molina, (619) 236-6622
City Attorney Contact: David J. Karlin
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Vivian Moreno.
Passed by the following vote:
Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, November 19, 2024
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Raul A. Campillo.
NOTE: The following Proclamations were NOT presented in Council Chambers.
Item S502: City Attorney Mara W. Elliott Day.
COUNCIL PRESIDENT PRO TEM LACAVA, COUNCILMEMBER CAMPBELL AND COUNCILMEMBER LEE'S RECOMMENDATION:
APPROVED
Proclaiming November 19, 2024, to be “City Attorney Mara W. Elliott Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:44 AM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Kent Lee.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Raul A. Campillo.
Item S503: Julie Coker Day.
COUNCILMEMBER WHITBURN AND COUNCILMEMBER CAMPILLO'S RECOMMENDATION:
APPROVED
Proclaiming November 20, 2024, to be “Julie Coker Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:44 AM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Kent Lee.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, November 19, 2024
Recused: (None);
Not Present: Raul A. Campillo.
Item S504: San Diego Hunger Coalition 50th Anniversary Day.
COUNCIL PRESIDENT PRO TEM LACAVA, COUNCILMEMBER CAMPBELL AND COUNCILMEMBER LEE'S RECOMMENDATION:
APPROVED
Proclaiming November 21, 2024, to be the “San Diego Hunger Coalition 50th Anniversary Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:44 AM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Kent Lee.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Raul A. Campillo.
Item S505: National Apprenticeship Week 2024.
COUNCIL PRESIDENT PRO TEM LACAVA, COUNCILMEMBER FOSTER III, COUNCILMEMBER CAMPILLO, AND COUNCILMEMBER MORENO'S RECOMMENDATION:
APPROVED
Proclaiming the week of November 17-23, 2024, to be “National Apprenticeship Week 2024” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:44 AM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Kent Lee.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Raul A. Campillo.
Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, November 19, 2024
Item S506: Approval of a Request for a Conflict-of-Interest Waiver from Devaney Pate Morris & Cameron LLP.
Total Estimated Cost of Proposed Action and Funding Source:
There is no City expenditure being approved with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-241) ADOPTED AS RESOLUTION R-315908
Resolution granting conflicts of interest by Devaney Pate Morris & Cameron LLP and consenting to the law firm’s representation of the Civil Service Commission, in City of San Diego v. Civil Service Commission of the City of San Diego (Real Party-in-Interest, Michael W. Fink, Jr.), San Diego Superior Court Case No. 24CU005449C.
Committee Actions Taken: N/A
Office of the City Attorney: M. Travis Phelps, (619) 533-6370 COUNCIL ACTION: Start Time: 2:08 PM
MOTION BY JOE LACAVA TO ADOPT. Second by Jennifer Campbell.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Raul A. Campillo, Vivian Moreno.
REPORT OUT FROM CLOSED SESSION
None.
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 4:48 p.m.
COUNCIL ACTION: Start Time: 4:48 PM
Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, November 19, 2024