THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, FEBRUARY 03, 2025
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 ...................................................................................................................................4 INVOCATION ................................................................................................................................4 LAND ACKNOWLEDGEMENT .....................................................................................................4 PLEDGE OF ALLEGIANCE ..........................................................................................................4 CLOSED SESSION.......................................................................................................................4 NON-AGENDA PUBLIC COMMENT ............................................................................................5 MAYOR, COUNCIL, CITY ATTORNEY, IBA, CITY CLERK COMMENT......................................7 Item 200: Affordable Housing Preservation Ordinance ................................................................7 Item 201: Proposed Revisions to Council Policies 700-10, 700-12 and 700-32 ..........................9 Item 202: Nakano Project – Project No. PRJ-1076302 ..............................................................10 Item 203: Appeal of 6850 Country Club Drive - Project No. PRJ-1063767................................13 Item S400: Extension of Job Order Contract for Sewer & AC Water Group 794 .......................14 REPORT OUT FROM CLOSED SESSION ................................................................................15 ADJOURNMENT.........................................................................................................................16 Minutes of the Council of the City of San Diego Page 2
for the Regular Meeting of Monday, February 03, 2025
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President LaCava at 10:00 a.m. Councilmember von Wilpert and Councilmember Elo-Rivera arrived to the meeting at 10:03 a.m. Council President Pro Tem Lee arrived to the meeting at 10:05 a.m. The meeting was recessed by Council President LaCava at 10:06 a.m. into Closed Session, to be reconvened at 2:00 p.m.
The meeting was reconvened by Council President LaCava at 2:04 p.m. with Councilmember Foster and Council President Pro Tem Lee not present. Council President Pro Tem Lee arrived to the meeting at 2:05 p.m. Councilmember Foster arrived to the meeting at 2:08 p.m.
Councilmember Whitburn left the meeting at 4:20 p.m. Councilmember Whitburn arrived to the meeting at 4:36 p.m. Councilmember Campbell left the meeting at 4:36 p.m. Council President LaCava recessed the meeting at 4:58 p.m. for the purpose of a break. Council President LaCava reconvened the meeting at 5:02 p.m. with Councilmember Campbell not present.
Councilmember von Wilpert and Councilmember Moreno left the meeting at 5:23 p.m. The meeting was adjourned by Council President LaCava at 5:43 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 Council President Pro Tem Kent Lee
CD-7 Councilmember Raul A. Campillo
CD-8 Councilmember Vivian Moreno
CD-9 Councilmember Sean Elo-Rivera
ABSENT:
None.
CITY CLERK:
Fuentes (km)
ROLL CALL
(1) Council President LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-not present
(4) Councilmember Foster-present
(5) Councilmember von Wilpert-present
(6) Council President Pro Tem Lee-not present
Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Monday, February 03, 2025
(7) Councilmember Campillo-present
(8) Councilmember Moreno-present
(9) Councilmember Elo-Rivera-not present
INVOCATION
The invocation was given by City Clerk Diana J.S. Fuentes.
LAND ACKNOWLEDGEMENT
Statement read by Councilmember Campbell.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Campbell.
CLOSED SESSION
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-1 United States of America v. City of San Diego
United States District Court Case No. 23cv00541 LL BJC
Risk Management Department Claim File No. 33648
REFERRED TO CLOSED SESSION OF MONDAY, FEBRUARY 3, 2025
SDCA Assigned: B. P. Syz
Outside Counsel: B. Steinberg, Kutak Rock LLP
The Department of the Navy (Navy) filed a lawsuit under the Comprehensive Environmental Response, Compensation, and Liability Act (CERLCA) related to the NTC Boat Channel. The City and Navy also filed claims and counterclaims related to the Memorandum of Understanding the City and Navy executed for transfer of the Boat Channel property under the Base Realignment and Closure Act (BRAC). The City Attorney’s Office will update the Mayor and City Council on the status of the litigation.
COUNCIL ACTION: Start Time: 10:03 AM
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, February 03, 2025
Public testimony by Cesar Javier and Blair Beekman.
Council President LaCava closed the hearing.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Purita A. Javier commented on ceramics kiln toxicity in a residential zone community.
COUNCIL ACTION: Start Time: 5:17 PM
PUBLIC COMMENT-2:
Cesar B. Javier commented on ceramics kiln toxicity in a residential zone community.
COUNCIL ACTION: Start Time: 5:19 PM
PUBLIC COMMENT-3 (virtual):
Barbara Gordon commented on contamination and commercial sales of marijuana.
COUNCIL ACTION: Start Time: 5:21 PM
PUBLIC COMMENT-4 (virtual):
Becky Rapp commented on effects of marijuana use on brain.
COUNCIL ACTION: Start Time: 5:23 PM
PUBLIC COMMENT-5 (virtual):
Blair Beekman commented on brown act, parks, and accountability.
COUNCIL ACTION: Start Time: 5:25 PM
PUBLIC COMMENT-6 (virtual):
Lori Saldaña commented on U.S. citizenship, rights under the law, and job status.
COUNCIL ACTION: Start Time: 5:27 PM
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, February 03, 2025
PUBLIC COMMENT-7 (virtual):
Devin Rapp commented on adolescent cannabis use and mental health risks.
COUNCIL ACTION: Start Time: 5:30 PM
PUBLIC COMMENT-8 (virtual):
Kathleen Lippitt commented on mental health and marijuana.
COUNCIL ACTION: Start Time: 5:31 PM
PUBLIC COMMENT-9 (virtual):
Rae Epstein commented on having council meetings after 5 p.m.
COUNCIL ACTION: Start Time: 5:33 PM
PUBLIC COMMENT-10 (virtual):
Peggy Walker commented on marijuana and emergency room visits.
COUNCIL ACTION: Start Time: 5:35 PM
PUBLIC COMMENT-11 (virtual):
Kelly McCormick commented on marijuana and secondhand smoke linked to cancer.
COUNCIL ACTION: Start Time: 5:37 PM
PUBLIC COMMENT-12 (virtual):
TheOriginalDra commented on trafficking women and children, illegals, and homelessness.
COUNCIL ACTION: Start Time: 5:39 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
None.
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, February 03, 2025
Item 200: Affordable Housing Preservation Ordinance.
Total Estimated Cost of Proposed Action and Funding Source:
There is no cost associated with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2025-343) ADOPTED AS RESOLUTION R-316014
Resolution determining that amending Chapter 9, Article 8 of the San Diego Municipal Code by adding new Division 10, sections 98.1001, 98.1002, 98.1003, 98.1004, 98.1005, 98.1006,
98.1007, and 98.1008 relating to Affordable Housing Preservation is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines section 15061(b)(3).
Subitem-B: (O-2025-69) INTRODUCED, TO BE ADOPTED TUESDAY, FEBRUARY 25, 2025 Introduction of an Ordinance amending Chapter 9, Article 8 of the San Diego Municipal Code by adding new Division 10, sections 98.1001, 98.1002, 98.1003, 98.1004, 98.1005, 98.1006,
98.1007, and 98.1008 relating to Affordable Housing Preservation.
Committee Actions Taken:
This item was heard at the Land Use and Housing Committee meeting on November 21, 2024.
ACTION: Motion by Committee Member Moreno, second by Chair Lee, to approve staff recommendation to amend San Diego Municipal Code Chapter 9, Article 8 to adopt the proposed Affordable Housing Preservation Ordinance and request that prior to this item being docketed for discussion at City Council, the Housing Commission staff and City Attorney revise the draft language to clarify the timeframe for posting the Notice of Intent to Sell to notify tenants under subdivision b of Section 98.1005.
VOTE: 4-0; Lee-yea, LaCava-yea, Whitburn-yea, Moreno-yea.
Housing Commission: Wendy DeWitt, (619) 578-7590
City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 2:18 PM
MOTION BY VIVIAN MORENO TO ADOPT THE RESOLUTION IN SUBITEM A; AND INTRODUCE THE ORDINANCE IN SUBITEM B. 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, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, February 03, 2025
Nay: (None);
Recused: (None);
Not Present: (None).
Item 201: Proposed Revisions to Council Policies 700-10, 700-12 and 700-32.
Total Estimated Cost of Proposed Action and Funding Source:
There are no costs associated with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2025-226) ADOPTED AS RESOLUTION R-316015
Resolution adopting an amended version of Council Policy 700-10, titled "Disposition of CityOwned Real Property." Subitem-B: (R-2025-227) ADOPTED AS RESOLUTION R-316016
Resolution adopting an amended version of Council Policy 700-12, titled "Leasing City Property to Nonprofit Organizations."
Subitem-C: (R-2025-228 Rev) ADOPTED AS AMENDED AS RESOLUTION R-316017 Resolution adopting an amended version of Council Policy 700-32, titled "Acquisition of Real Property."
Committee Actions Taken:
This item was heard at the Land Use and Housing Committee meeting on October 17, 2024.
ACTION: Motion by Vice Chair Council President Pro Tem LaCava, second by Committee Member Whitburn, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Lee-yea, LaCava-yea, Whitburn-yea, Moreno-not present.
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Kevin Reisch
COUNCIL ACTION: Start Time: 3:11 PM
MOTION BY JOE LACAVA TO ADOPT THE RESOLUTIONS IN SUBITEM A AND B; AND ADOPT THE RESOLUTION IN SUBITEM C TO AMEND COUNCIL POLICY 700-32 UNDER “ADDITIONAL GUIDELINES” NUMBER 8 BY ADDING “(D) INDEPENDENT BUILDING Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, February 03, 2025
CONDITION ASSESSMENT, IF APPLICABLE”; AND NUMBER 9 BY ADDING “(E) INDEPENDENT BUILDING CONDITION ASSESSMENT”. 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, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 202: Nakano Project – Project No. PRJ-1076302.
Total Estimated Cost of Proposed Action and Funding Source:
No fiscal impact. All costs associated with the processing of the application are recovered through a fee paid for by the Applicant.
Council District(s) Affected: 8.
Proposed Actions:
Resolution of application to the Local Agency Formation Commission for the detachment of a
23.8-acre site currently within the City of Chula Vista and the annexation to the City of San Diego which would include a pre-zone, amendments to the General Plan and Otay Mesa Community Plan, Site Development Permit, Easement Vacation, Council District Boundary Amendment, and Annexation Agreement for the development of up to 221 multiple dwelling units.
Subitem-A: (R-2025-350 Cor. Copy) ADOPTED AS RESOLUTION R-316018 Resolution certifying that the City has reviewed and considered the information contained in the Final Environmental Impact Report (EIR22-001; SCH 2022060260) that was prepared and certified by the City of Chula Vista, and adopting Findings, a Statement of Overriding Considerations, and a Mitigation, Monitoring and Reporting Program related to the Nakano Project.
Subitem-A: This item is not subject to the Mayor's veto.
Subitem-B: (O-2025-71 Cor. Copy) INTRODUCED, TO BE ADOPTED TUESDAY, FEBRUARY 25, 2025
Introduction of an Ordinance pre-zoning 23.8 acres located in the City of Chula Vista (Assessor Parcel Number 624-071-02-00) to the Residential Multiple Unit (RM-1-1) zone as defined by San Diego Municipal Code Section 131.0406 and repealing Ordinance O-18451 (New Series), adopted December 9, 1997, insofar as the same conflicts.
Subitem-B: This item is not subject to the Mayor's veto.
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, February 03, 2025
Subitem-C: (R-2025-351 Cor. Copy) ADOPTED AS RESOLUTION R-316019 Resolution adopting an amendment to the General Plan to a 23.8-acre site residential and amend the City of San Diego Municipal Boundaries to include the site, an amendment to the Otay Mesa Community Plan to designate the 23.8-acre site to residential low-medium and amend the Community Plan boundaries to include the site, and an amendment to the Multiple Species Conservation Program Minor Amendment to include the site within the City of San Diego Subarea Plan.
Subitem-C: This item is not subject to the Mayor's veto.
Subitem-D: (O-2025-73 Cor. Copy) INTRODUCED, TO BE ADOPTED TUESDAY, FEBRUARY 25, 2025
Introduction of an Ordinance approving an Annexation Agreement between the City of San Diego, City of Chula Vista, and Tri Pointe Homes, IE-SD, Inc. related to the Nakano Project.
Subitem-D: This item is not subject to the Mayor's veto.
Subitem-E: (R-2025-349 Cor. Copy) ADOPTED AS RESOLUTION R-316020 Resolution approving Site Development Permit.
Subitem-E: This item is not subject to the Mayor's veto.
Subitem-F: (R-2025-348 Cor. Copy) ADOPTED AS RESOLUTION R-316021 Resolution Vacating Sewer Easements.
Subitem-F: This item is not subject to the Mayor's veto.
Subitem-G: (R-2025-347 Cor. Copy) ADOPTED AS RESOLUTION R-316022 Resolution requesting the Local Agency Formation Commission of the County of San Diego initiation proceedings for detachment of the property with the Nakano Project from the City of Chula Vista jurisdictional boundaries and the Otay Water District service and sphere of influence into the jurisdictional boundaries of the City of San Diego.
Subitem-G: This item is not subject to the Mayor's veto.
Subitem-H: (O-2025-72 Cor. Copy 2) INTRODUCED, TO BE ADOPTED TUESDAY, FEBRUARY 25, 2025
Introduction of an Ordinance to amend the boundary of Council District Eight to include property located in Otay Mesa proposed to be annexed into the City’s jurisdictional boundaries.
Subitem-H: This item is not subject to the Mayor's veto.
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, February 03, 2025
Committee Actions Taken: N/A
Development Services: Oscar Galvez, (619) 446-5237
City Attorney Contact: Corrine Neuffer
COUNCIL ACTION: Start Time: 4:12 PM
Public testimony by Allen Kashani, Cesar Javier, Joy Sunyata, and TheOriginalDra.
MOTION BY VIVIAN MORENO TO ADOPT THE RESOLUTIONS IN SUBITEMS A, C, E, F, AND G; AND INTRODUCE THE ORDINANCES IN SUBITEMS B, D, AND H. Second by Kent Lee.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn.
Item 203: Appeal of 6850 Country Club Drive - Project No. PRJ-1063767.
Total Estimated Cost of Proposed Action and Funding Source:
All costs associated with the processing of the application are recovered through a fee paid for by the applicant.
Council District(s) Affected: 1.
Proposed Actions:
CONTINUED TO MONDAY, MARCH 10, 2025
Appeal of the Planning Commission’s decision to approve the 6850 Country Club Drive project granting a Coastal Development Permit, Site Development Permit, Planned Development Permit, and Tentative Map to subdivide currently vacant land into eight lots, with five lots (Lots 1- 5) being used for new, single-dwelling units, each with a pool. Two of the lots will not be developed (Lots A and B), and one lot will serve as an access and utilities easement area (Lot C). Additional site work includes new biofiltration basins, foundational retaining walls, and landscaping. The 22.21-acre project site is located at 6850 Country Club Drive in the RS-1-4 Zone, Coastal Height Limit Overlay Zone, Coastal Overlay (non-appealable) Zone, and Parking Impact Overlay Zone, and within the La Jolla Community Plan area. An addendum is not an environmental determination as defined in San Diego Municipal Code section 113.0103, and not appealable to the City Council. Therefore, the scope of the subject hearing only includes the project.
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Monday, February 03, 2025
According to San Diego Municipal Code Section 112.0508(f), Power to Act on Appeal, the City Council may:
(1) Affirm Planning Commission’s decision to grant the permits and the Tentative Map; or (2) Affirm Planning Commission’s decision to grant the permits and the Tentative Map with modifications; or
(3) Reverse Planning Commission’s decision to grant the permits and the Tentative Map.
Directing the City Attorney to prepare the appropriate Resolutions according to Section 40 of the City Charter.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Development Services: Robin MacCartee, (619) 687-5942
City Attorney Contact: Lindsey Sebastian
COUNCIL ACTION: Start Time: 4:35 PM
Public testimony by Chris Connolly, Cesar Javier, TheOriginalDra, Joy Sunyata, Blair Beekman, and Lori Saldaña.
MOTION BY JOE LACAVA TO CONTINE TO MONDAY, MARCH 10, 2025, FOR FURTHER REVIEW. Second by Stephen Whitburn.
Passed by the following:
Yea: Joe LaCava, 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: Jennifer Campbell.
Item S400: Extension of Job Order Contract (JOC) Pipeline South of I-8; K-20-1878-JOC-3, for Sewer & AC Water Group 794.
Total Estimated Cost of Proposed Action and Funding Source:
There are no costs associated with this action.
Council District(s) Affected: 8.
Proposed Actions:
(O-2025-369) INTRODUCED, TO BE ADOPTED TUESDAY, FEBRUARY 25, 2025 Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Monday, February 03, 2025
Introduction of an Ordinance authorizing the obligations of Job Order Contract K-20-1878-JOC-3, Pipeline South of I-8, to extend beyond five years to complete Sewer and AC Water Group 794 Task PS 1878-011 and Sewer and AC Water Group 794 Task PS 1878-012.
NOTE: The City Attorney Ordinance O-2025-369 was renumbered to O-2025-88 Cor. Copy when this item was adopted on Tuesday, February 25, 2025.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on January 30, 2025.
ACTION: Motion by Committee Member von Wilpert, second by Vice Chair Whitburn, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Whitburn-yea, Lee-yea, Foster III-yea, von Wilpert-yea.
Engineering & Capital Projects: Shadi Sami, (619) 236-7306 City Attorney Contact: Adam Wander
COUNCIL ACTION: Start Time: 2:05 PM
MOTION BY MARNI VON WILPERT TO INTRODUCE. 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, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
REPORT OUT FROM CLOSED SESSION
The City Attorney gave a report out from Closed Session. https://www.sandiego.gov/city-clerk/officialdocs/closed-session-reports COUNCIL ACTION: Start Time: 5:41 PM
ADJOURNMENT
The meeting was adjourned by Council President LaCava at 5:43 p.m. in honor of the memory of:
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Monday, February 03, 2025
Carmen Vann Cruz as requested by Councilmember Whitburn.
COUNCIL ACTION: Start Time: 5:42 PM