THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, DECEMBER 16, 2024
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................3 ATTENDANCE DURING THE MEETING...................................................................................3 ROLL CALL ..........................................................................................................................3 INVOCATION.......................................................................................................................4 LAND ACKNOWLEDGEMENT .................................................................................................4 PLEDGE OF ALLEGIANCE......................................................................................................4 CLOSED SESSION................................................................................................................4 NON-AGENDA PUBLIC COMMENT .........................................................................................9
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ........................................................................................................................................12 Item 200: Fiscal Year 2025 First Quarter Budget Monitoring Report......................................12 Item 201: Informational Update on Outreach and Engagement and Operational Efficiency Analysis Accompanying Residential Waste and Recycling Collection Cost-of-Service Study........... ........................................................................................................................................13 Item 202: Fiscal Year 2025 Capital Improvements Program (CIP) Mid-Year Budget Monitoring Report and CIP Budget Revisions ........................................................................................13 Item 203: Approval of the 2025-2026 City of San Diego Legislative Platform .........................14 Item 204: Proposed Update to CP 900-03 Zero Emissions Municipal Buildings & Operations Policy and Sunset to CP 900-02 Energy Conservation and Management and Council Policy 900- 18 Purchase of Energy Efficient Products .............................................................................16 Item 205: Resolution of Support for the Use of Tax Roll Billing for Potential Future Residential Waste and Recycling Collection Services Fees ......................................................................17 Minutes of Monday, December 16, 2024
Table of Contents (Continued)
REPORT OUT FROM CLOSED SESSION................................................................................18 ADJOURNMENT .................................................................................................................18 Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Monday, December 16, 2024
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President LaCava at 10:02 a.m. Councilmember Moreno arrived to the meeting at 10:04 a.m. The meeting was recessed by Council President LaCava at 10:26 a.m. into Closed Session, to be reconvened at 2:00 p.m.
The meeting was reconvened by Council President LaCava at 2:05 p.m. with Councilmember Foster not present. Councilmember Foster arrived to the meeting at 2:09 p.m. Councilmember von Wilpert left the meeting at 3:59 p.m. Councilmember Whitburn left the meeting at 5:00 p.m. Councilmember Campbell left the meeting at 5:33 p.m. The meeting was adjourned by Council President LaCava at 5:53 p.m.
ATTENDANCE DURING THE MEETING
PRESENT:
CD-1 Council President 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-7 Councilmember Raul A. Campillo
CD-8 Councilmember Vivian Moreno
CD-9 Councilmember Sean Elo-Rivera
ABSENT:
None.
CITY CLERK:
Fuentes (cp)
ROLL CALL
(1) Council President 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-present
(8) Councilmember Moreno-not present
(9) Councilmember Elo-Rivera-present
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, December 16, 2024
INVOCATION
The invocation was given by City Clerk Diana J.S. Fuentes.
LAND ACKNOWLEDGEMENT
Statement read by Councilmember Whitburn.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Whitburn.
CLOSED SESSION
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-1 Stephen Labor v. City of San Diego
San Diego Superior Court Case No. 37-2023-00000186-CU-PA-CT Risk Management Department Claim File No. 28241
REFERRED TO CLOSED SESSION OF MONDAY, DECEMBER 16, 2024 DCA Assigned: R. J. Rice
This case arises from a motorcycle accident which occurred August 31, 2021, on Wandermere Drive in San Diego. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.
COUNCIL ACTION: Start Time: 10:05 AM
Public testimony by Tanjelo Bonner and Joy Sunyata.
Council President LaCava closed the hearing.
CS-2 Marguerite Herrick v. City of San Diego
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, December 16, 2024
San Diego Superior Court Case No. 37-2023-00036450-CU-PO-CTL Risk Management Department Claim File No. 33589
REFERRED TO CLOSED SESSION OF MONDAY, DECEMBER 16, 2024 DCA Assigned: Z. Hill Rowland
This case arises from a trip and fall accident which occurred February 24, 2023, involving an alleged dangerous condition located at 13149 Trail Dust Avenue. The City Attorney will update the Mayor and City Council on the status of the litigation and seek direction regarding settlement with Plaintiff.
COUNCIL ACTION: Start Time: 10:05 AM
Public testimony by Joy Sunyata.
Council President LaCava closed the hearing.
CS-3 Kelly Zombro v. City of San Diego
San Diego Superior Court Case No. 37-2022-00050970-CU-OE-CTL Risk Management Department Claim File No. 31280
REFERRED TO CLOSED SESSION OF MONDAY, DECEMBER 16, 2024 SDCA Assigned: G. F. Schaefer
Plaintiff Kelly Zombro sued the City for alleged age discrimination, failure to prevent age discrimination, retaliation, and wrongful constructive termination arising out of his employment at the San Diego Fire-Rescue Department. The City Attorney’s Office will advise the Mayor and Council on the status of the litigation and seek direction.
COUNCIL ACTION: Start Time: 10:05 AM
Public testimony by Joy Sunyata.
Council President LaCava closed the hearing.
CS-4 Sarjan Patel, et al., v. City of San Diego
San Diego Superior Court Case No. 37-2023-00024205-CU-IE-CTL Risk Management Department Claim File No. 31816
REFERRED TO CLOSED SESSION OF MONDAY, DECEMBER 16, 2024 Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, December 16, 2024
DCA Assigned: C. C. Hawkins
This case is an inverse condemnation action for a sewage backup emanating from the City’s sewer main which was installed in 1948 into Plaintiffs’ backyard at 765 Bangor Street on September 5, 2022. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.
COUNCIL ACTION: Start Time: 10:05 AM
Public testimony by Joy Sunyata.
Council President LaCava closed the hearing.
Conference with Legal Counsel – Significant Exposure to Litigation, pursuant to California Government Code Section 54956.9(d)(2):
CS-5 Pre-Litigation Claim - QBE Insurance Corporation
REFERRED TO CLOSED SESSION OF MONDAY, DECEMBER 16, 2024 DCA Assigned: D. E. Abad
This claim arises from an April 24, 2022, incident where a towed airplane was damaged after sinking into the taxiway at Montgomery-Gibbs Executive Airport due to weakened asphalt. The incident is alleged to have caused property damage, lost business revenue, and increased business expenses to Claimant’s insured. The City Attorney’s Office will update the Mayor and City Council on the status of the claim and seek direction.
COUNCIL ACTION: Start Time: 10:05 AM
Public testimony by Joy Sunyata.
Council President LaCava closed the hearing.
Conference with Real Property Negotiator, pursuant to California Government Code Section 54956.8:
CS-6 Property: 3554-3590 Kettner Boulevard, San Diego, California Agency Negotiators:
Christina Bibler, Economic Development Director
Lucy Contreras, Deputy Director, Department of Real Estate and Airport Management Karen Johnson, Asset Manager, Department of Real Estate and Airport Management Casey Smith, Deputy Chief Operating Officer
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, December 16, 2024
Paola Avila, Mayor’s Chief of Staff
Stephen Cushman, Special Advisor to the Mayor
Heather Ferbert, City Attorney
Jean Jordan, Assistant City Attorney
Kevin Reisch, Senior Chief Deputy City Attorney
Andrew Alfonso, Deputy City Attorney
Negotiating Parties:
City of San Diego and Kettner Vine Creative House LLC, a California limited liability company Under Negotiation:
Price and payment terms for potential acquisition of an interest or estate in the real property located at 3554-3590 Kettner Boulevard, San Diego, California REFERRED TO CLOSED SESSION OF MONDAY, DECEMBER 16, 2024 SDCA Assigned: K. Reisch
DCA Assigned: A. Alfonso
The Council will meet with its negotiators for an update on the price and payment terms for the City’s potential acquisition of an interest or estate in the real property located at 3554-3590 Kettner Boulevard, San Diego, California.
COUNCIL ACTION: Start Time: 10:05 AM
Public testimony by Clifford Weiler, Dan Mullen, Edward Moore, Lori Saldaña, Joy Sunyata, and Geoff Hueter.
Council President LaCava closed the hearing.
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-7 McMillin-NTC, LLC v. California Coastal Commission, et al.
San Diego Superior Court Case No. 24-CU010068C
Risk Management Department Claim File No. 38426
REFERRED TO CLOSED SESSION OF MONDAY, DECEMBER 16, 2024 DCA Assigned: J. Mickova Will
This case arises from the approval of a Coastal Development Permit for the NTC H-Barracks Project in Liberty Station allowing for temporary homeless parking, sheltering, and services. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, December 16, 2024
COUNCIL ACTION: Start Time: 10:05 AM
Public testimony by Dan Mullen, Edward Moore, Lori Saldaña, and Joy Sunyata.
Council President LaCava closed the hearing.
CS-8 Patrice Baker v. City of San Diego
United States District Court Case No. 3:19-cv-1013-JO (DEB) Risk Management Department Claim File No. 22699
REFERRED TO CLOSED SESSION OF MONDAY, DECEMBER 16, 2024 DCA Assigned: J. K. Goodman
This case arises from a lawsuit alleging the City and the Housing Authority are violating the Fair Housing Act and the Fair Employment and Housing Act by increasing density throughout the City when it updates its community plans. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.
COUNCIL ACTION: Start Time: 10:05 AM
Public testimony by Lori Saldaña and Joy Sunyata.
Council President LaCava closed the hearing.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Matthew Quinn commented on PRJ-1106002 Accessory Dwelling Unit (ADU) development.
COUNCIL ACTION: Start Time: 5:18 PM
PUBLIC COMMENT-2:
Victor Grigorian commented on addressing Mr. LaCava.
COUNCIL ACTION: Start Time: 5:20 PM
PUBLIC COMMENT-3:
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, December 16, 2024
Purita A. Javier commented on ceramics kiln toxicity in a residential zone community.
COUNCIL ACTION: Start Time: 5:22 PM
PUBLIC COMMENT-4:
Cesar B. Javier commented on ceramics kiln toxicity in a residential zone community.
COUNCIL ACTION: Start Time: 5:24 PM
PUBLIC COMMENT-5:
Calvin Fan commented on Pescadero Accessory Dwelling Unit (ADU) development.
COUNCIL ACTION: Start Time: 5:26 PM
PUBLIC COMMENT-6:
Priscila Vizcarra commented on request of meeting.
COUNCIL ACTION: Start Time: 5:28 PM
PUBLIC COMMENT-7:
Lori Saldaña commented on subsidies for Short-Term Vacation Rental property.
COUNCIL ACTION: Start Time: 5:31 PM
PUBLIC COMMENT-8 (virtual):
Terri-Ann Skelly commented on ban on marijuana and tobacco smoking in public places.
COUNCIL ACTION: Start Time: 5:33 PM
PUBLIC COMMENT-9 (virtual):
Francine Maxwell commented on independent oversight; and Executive Director for the Commission on Police Practices.
COUNCIL ACTION: Start Time: 5:35 PM
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, December 16, 2024
PUBLIC COMMENT-10 (virtual):
Madison commented on impact of cannabis on sleep.
COUNCIL ACTION: Start Time: 5:37 PM
PUBLIC COMMENT-11 (virtual):
Barbara Gordon commented on policies limiting tobacco and vaping products.
COUNCIL ACTION: Start Time: 5:39 PM
PUBLIC COMMENT-12 (virtual):
Megan Stuart commented on permitted and illegal marijuana markets.
COUNCIL ACTION: Start Time: 5:41 PM
PUBLIC COMMENT-13 (virtual):
Shelby Huffaker commented on reconsideration of a cannabis social equity program.
COUNCIL ACTION: Start Time: 5:43 PM
PUBLIC COMMENT-14 (virtual):
Kelly McCormick commented on stronger marijuana regulations and meaningful enforcement.
COUNCIL ACTION: Start Time: 5:44 PM
PUBLIC COMMENT-15 (virtual):
Joy Sunyata commented on part 8 of Declaration of Interdependence for San Diego-Tijuana.
COUNCIL ACTION: Start Time: 5:47 PM
PUBLIC COMMENT-16 (virtual):
Peggy Walker commented on marijuana’s impact on youth behaviors.
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Monday, December 16, 2024
COUNCIL ACTION: Start Time: 5:49 PM
PUBLIC COMMENT-17 (virtual):
Becky Rapp commented on illegal tobacco sales.
COUNCIL ACTION: Start Time: 5:51 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
None.
Item 200: Fiscal Year 2025 First Quarter Budget Monitoring Report.
Total Estimated Cost of Proposed Action and Funding Source:
There are no fiscal considerations. This is an informational report only.
Council District(s) Affected: Citywide.
Proposed Actions:
ITEM PRESENTED
This is an informational item only.
Committee Actions Taken: N/A
Department of Finance: Ambar Gutierrez, (619) 533-6297
COUNCIL ACTION: Start Time: 2:08 PM
Item 201: Informational Update on Outreach and Engagement and Operational Efficiency Analysis Accompanying Residential Waste and Recycling Collection Cost-of-Service Study.
Total Estimated Cost of Proposed Action and Funding Source:
This is an informational item only; there is no cost associated with this item.
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Monday, December 16, 2024
Council District(s) Affected: Citywide.
Proposed Actions:
ITEM PRESENTED
This is an informational item only.
Committee Actions Taken: N/A
Environmental Services: Kirby Brady, Interim Department Director, (619) 249-2735 COUNCIL ACTION: Start Time: 3:43 PM
Item 202: Fiscal Year 2025 Capital Improvements Program (CIP) Mid-Year Budget Monitoring Report and CIP Budget Revisions.
Total Estimated Cost of Proposed Action and Funding Source:
Please see report.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-217) ADOPTED AS RESOLUTION R-315938
Resolution authorizing mid-year amendments to the Fiscal Year 2025 Capital Improvements Program Budget.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on November 13, 2024.
ACTION: Motion by Vice Chair LaCava, second by Chair Whitburn, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Whitburn-yea, LaCava-yea, Foster III-yea, von Wilpert-not present.
Department of Finance: Travis Brady, (619) 236-6923
City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 2:46 PM
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Monday, December 16, 2024
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, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 203: Approval of the 2025-2026 City of San Diego Legislative Platform.
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-2025-221) ADOPTED WITH DIRECTION AS RESOLUTION R-315939 Resolution approving the 2025-2026 State and Federal Legislative Platform and 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.
Government Affairs: Walter Bishop, (619) 964-6502
City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 3:06 PM
MOTION BY RAUL A. CAMPILLO TO ADOPT THE RESOLUTION WITH DIRECTION TO AMEND THE 2025-2026 STATE AND FEDERAL LEGISLATIVE PLATFORM, SECTION 3 “ECONOMIC DEVELOPMENT, TRADE, & IMMIGRANT AFFAIRS”, UNDER “FOCUS 3.2: ECONOMIC DEVELOPMENT”, WITHIN THE STATE SUBSECTION, BY ADDING A NEW NUMBER 20 TO READ:
“SUPPORT LEGISLATION THAT PROHIBIT PRICING ALGORITHMS THAT UTILIZE NONPUBLIC COMPETITOR DATA.” Second by Sean Elo-Rivera.
Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Monday, December 16, 2024
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 204: Proposed Update to CP 900-03 Zero Emissions Municipal Buildings & Operations Policy and Sunset to CP 900-02 Energy Conservation and Management and Council Policy 900- 18 Purchase of Energy Efficient Products.
Total Estimated Cost of Proposed Action and Funding Source:
There are no costs associated with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-297 Cor. Copy) ADOPTED WITH DIRECTION AS RESOLUTION R-315940 Resolution authorizing amendments to Council Policy 900-03, titled "Zero Emissions Municipal Buildings and Operations Policy", and repealing Council Policy 900-02, titled “Energy Conservation and Management", and Council Policy 900-18, titled “Purchase of Energy Efficient Products".
Committee Actions Taken:
This item was heard at the Environment Committee meeting on November 14, 2024.
ACTION: Motion by Chair LaCava, second by Committee Member Campbell, to recommend Council approval of staff’s proposed actions, with amendment to Section 1, exceptions on page 19, add number 2 below that header with the following language: (2) On an annual basis, staff shall report to City Council the number of projects approved for exception from the policy, accompanied by a brief description of each exception.
VOTE: 3-0; LaCava-yea, Campbell-yea, Elo-Rivera-yea, von Wilpert-not present.
Sustainability and Mobility: Lindsey Hawes, (858) 627-3352 City Attorney Contact: R. Scott Sokol
COUNCIL ACTION: Start Time: 4:53 PM
Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Monday, December 16, 2024
MOTION BY JOE LACAVA TO ADOPT THE RESOLUTION WITH DIRECTION TO AMEND COUNCIL POLICY 900-03, SECTION III “IMPLEMENTATION”, SUBSECTION I “EXCEPTIONS”, BY ADDING A NEW NUMBER 3 TO READ: “IT IS THE EXPECTATION OF THIS COUNCIL THAT EXCEPTIONS ARE RARE AND WELL DOCUMENTED. APPROVAL OF AN EXCEPTION SHOULD INCLUDE A PLAN
AND A TIMELINE TO RESOLVE THE EXCEPTION BEFORE THE CLIMATE ACTION PLAN TARGET DATE. THE PLAN AND TIMELINE SHOULD BE INCLUDED IN THE ANNUAL MONITORING REPORT TO COUNCIL ON POLICY IMPLEMENTATION.” Second by Sean Elo-Rivera.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn, Marni von Wilpert.
Item 205: Resolution of Support for the Use of Tax Roll Billing for Potential Future Residential Waste and Recycling Collection Services Fees.
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-2025-267 Cor. Copy) ADOPTED AS RESOLUTION R-315941
Resolution expressing support for the use of tax roll billing to collect payment of potential fees for waste and recycling collection services if such fees are approved at a future date.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on November 14, 2024.
ACTION: Motion by Committee Member Elo-Rivera, second by Committee Member Campbell, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; LaCava-yea, Campbell-yea, Elo-Rivera-yea, von Wilpert-not present.
Environmental Services: Kirby Brady, Interim Department Director, (619) 249-2735 City Attorney Contact: Nicole M. Denow
COUNCIL ACTION: Start Time: 3:43 PM
Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Monday, December 16, 2024
MOTION BY SEAN ELO-RIVERA TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Kent Lee, Vivian Moreno, Sean EloRivera; Nay: Henry L. Foster III, Raul A. Campillo;
Recused: (None);
Not Present: Marni von Wilpert.
REPORT OUT FROM CLOSED SESSION
None.
ADJOURNMENT
The meeting was adjourned by Council President LaCava at 5:53 p.m.
COUNCIL ACTION: Start Time: 5:53 PM