THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, FEBRUARY 24, 2025
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................2 ATTENDANCE DURING THE MEETING...................................................................................2 ROLL CALL ..........................................................................................................................2 INVOCATION.......................................................................................................................3 LAND ACKNOWLEDGEMENT .................................................................................................3 PLEDGE OF ALLEGIANCE......................................................................................................3 CLOSED SESSION................................................................................................................3 NON-AGENDA PUBLIC COMMENT .........................................................................................4 MAYOR, COUNCIL, CITY ATTORNEY, IBA, CITY CLERK COMMENT ..........................................7 Item 200: Fiscal Year 2024 Annual Comprehensive Financial Report (ACFR)............................7 Item 201: Establishing a Process to Authorize the Office of the City Attorney to Participate in Amicus Briefs, Initiate Litigation, and Participate in Federal Rule-Making..................................8 Item 202: (DIF) Annual Report FY 2023, CIP Allocations, and Torrey Highlands Restricted.......9 Item 203: PRJ-0675732: El Camino Assisted Living Facility..................................................11 REPORT OUT FROM CLOSED SESSION................................................................................12 ADJOURNMENT .................................................................................................................13 Minutes of the Council of the City of San Diego Page 2
for the Regular Meeting of Monday, February 24, 2025
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President LaCava at 10:01 a.m. Council President Pro Tem Lee arrived to the meeting at 10:04 a.m. The meeting was recessed by Council President LaCava at 10:10 a.m. into Closed Session, to be reconvened at 2:00 p.m.
The meeting was reconvened by Council President LaCava at 2:02 p.m. with Councilmember von Wilpert not present. Councilmember von Wilpert arrived to the meeting at 2:06 p.m. The meeting was adjourned by Council President LaCava at 4:12 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-present
(4) Councilmember Foster-present
(5) Councilmember von Wilpert-not present
(6) Council President Pro Tem Lee-not present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-present
(9) Councilmember Elo-Rivera-present
Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Monday, February 24, 2025
INVOCATION
The invocation was given by City Clerk Diana J.S. Fuentes.
LAND ACKNOWLEDGEMENT
Statement read by Councilmember Moreno.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Moreno.
CLOSED SESSION
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-1 Jane Doe FEJ v. Sweetwater Unified High School District, et al.
San Diego Superior Court Case No. 24CU022384C
Risk Management Department Claim File No. 38840
REFERRED TO CLOSED SESSION OF MONDAY, FEBRUARY 24, 2025 CDCA Assigned: K. Philips
This case involves allegations that a former San Diego Police Department officer engaged in an inappropriate relationship with an underage female student who attended high school within the Sweetwater Union High School District in 2006. 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: 10:04 AM
Public testimony by TheOriginalDra and Joy Sunyata.
Council President LaCava closed the hearing.
CS-2 Cezarina Williams v. City of San Diego
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, February 24, 2025
San Diego Superior Court Case No. 37-2022-00016526-CU-PO-CTL Risk Management Department Claim File No. 28205
REFERRED TO CLOSED SESSION OF MONDAY, FEBRUARY 24, 2025 SCDCA Assigned: J. McQuarrie
Outside Counsel: C. M. Cameron, Devaney Pate Morris & Cameron This case arises from a trip and fall on September 23, 2021, on the sidewalk in front of 3193 Commercial Street, San Diego. As a result, Plaintiff alleges orthopedic and neurological injuries.
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: 10:04 AM
Public testimony by TheOriginalDra and Joy Sunyata.
Council President LaCava closed the hearing.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Purita A. Javier commented on ceramics kiln and ceramics manufacturing in a residential zone R-1 Community.
COUNCIL ACTION: Start Time: 3:45 PM
PUBLIC COMMENT-2:
Cesar Javier commented on ceramics kiln and ceramics manufacturing in a residential zone R1 Community.
COUNCIL ACTION: Start Time: 3:47 PM
PUBLIC COMMENT-3:
Mary Davis commented on opportunity cost and repercussions of bad prioritizations and decisions.
COUNCIL ACTION: Start Time: 3:49 PM
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, February 24, 2025
PUBLIC COMMENT-4:
Andrea Ebbing commented on budget.
COUNCIL ACTION: Start Time: 3:51 PM
PUBLIC COMMENT-5 (virtual):
Lori Saldaña commented on short term vacation rentals.
COUNCIL ACTION: Start Time: 3:54 PM
PUBLIC COMMENT-6 (virtual):
Francine Maxwell commented on Commission on Police Practices and trash fee meeting.
COUNCIL ACTION: Start Time: 3:56 PM
PUBLIC COMMENT-7 (virtual):
Blair Beekman commented on best ideals and fair wage increases for tourist tourism workers.
COUNCIL ACTION: Start Time: 3:58 PM
PUBLIC COMMENT-8 (virtual):
Madison commented on harms of tobacco and cannabis industry.
COUNCIL ACTION: Start Time: 4:00 PM
PUBLIC COMMENT-9 (virtual):
Megan Stuart commented on contaminated marijuana products.
COUNCIL ACTION: Start Time: 4:02 PM
PUBLIC COMMENT-10 (virtual):
Kathleen Lippitt commented on high correlation between drug use and crime.
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, February 24, 2025
COUNCIL ACTION: Start Time: 4:04 PM
PUBLIC COMMENT-11 (virtual):
Becky Rapp commented on road safety and marijuana impaired driving.
COUNCIL ACTION: Start Time: 4:06 PM
PUBLIC COMMENT-12 (virtual):
Joy Sunyata commented on Prop 36 and new San Diego flower.
COUNCIL ACTION: Start Time: 4:08 PM
PUBLIC COMMENT-13 (virtual):
TheOriginalDra commented on unconstitutional demands and federal government.
COUNCIL ACTION: Start Time: 4:10 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
CITY CLERK COMMENT:
City Clerk Fuentes announced that the Office of the City Clerk has made accessing meeting information on the City Clerk’s webpage easier by creating short links. The short link to the Legislative Calendar which includes the schedule of all City Council and Committee meetings is www.sandiego.gov/legcal, to access the City Council agenda use www.sandiego.gov/cc, to access Council Committees use www.sandiego.gov/cm, and to access City Council zoom meetings use www.sandiego.gov/councilmtg.
COUNCIL ACTION: Start Time: 2:02 PM
Item 200: Fiscal Year 2024 Annual Comprehensive Financial Report (ACFR).
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures required with this action.
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, February 24, 2025
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-355) ADOPTED AS RESOLUTION R-316037
Resolution receiving and filing the Fiscal Year 2024 Annual Comprehensive Financial Report of the City.
Committee Actions Taken:
This item was heard at the Audit Committee meeting on February 7, 2025.
ACTION: Motion by Chair Moreno, second by Committee Member Tabshouri, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Moreno-yea, Maffia-yea, Halpern-yea, Tabshouri-yea, Whitburn-not present.
Department of Finance: William Weisman, (619) 236-6397
City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 2:57 P.M.
MOTION BY VIVIAN MORENO 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, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 201: Establishing a Process to Authorize the Office of the City Attorney to Participate in Amicus Briefs, Initiate Litigation, and Participate in Federal Rule-Making on Behalf of the City of San Diego.
Total Estimated Cost of Proposed Action and Funding Source:
There is no cost associated with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, February 24, 2025
(R-2025-387) ADOPTED AS AMENDED AS RESOLUTION R-316038
Resolution establishing a process to authorize the Office of the City Attorney to participate in amicus briefs, initiate and join litigation, and participate in federal rule-making on behalf of the City of San Diego when brought to challenge federal laws, regulations, or policies that threaten the City’s fiscal stability or the constitutional or statutory rights of San Diegans related to immigration, reproductive rights, LGBTQ+ rights, or the City’s access to federal funds.
Committee Actions Taken: N/A
Office of the City Attorney: Chris Olsen, (619) 236-6220 City Attorney Contact: Heather Ferbert
COUNCIL ACTION: Start Time: 2:29 PM
MOTION BY HENRY L. FOSTER III TO ADOPT THE RESOLUTION AS AMENDED TO INCLUDE “CIVIL RIGHTS, ANTI-DISCRIMINATION PROTECTIONS, OR DIVERSITY PROGRAMS FOR PROTECTED CLASSES”. Second by Sean Elo-Rivera.
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: Development Impact Fees (DIF) Annual Report FY 2023, CIP Allocations, and Torrey Highlands Restricted Facilities Benefit Assessment Fund Loan Repayment.
Total Estimated Cost of Proposed Action and Funding Source:
See Staff Report for fiscal considerations.
Council District(s) Affected: Citywide.
Proposed Actions:
The City is required by the Mitigation Fee Act to provide an annual report on Development Impact Fees (DIF) to the City Council. In compliance with these requirements, the annual report will be presented to the City Council that satisfies the requirements of the Mitigation Fee Act. In addition to the annual report on DIF, this item includes a request for Council approval to allocate DIF towards a list of specific Capital Improvement Projects, and authorization of the repayment of a loan from the Torrey Highlands restricted Facilities Benefit Assessment Fund to the Rancho Peñasquitos restricted Facilities Benefit Assessment Fund.
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, February 24, 2025
Subitem-A: (R-2025-382) ADOPTED AS RESOLUTION R-316039
Resolution accepting the Development Impact Fees Fiscal Year 2023 Annual Report and making findings related to unexpended balances as required by California Government Code sections 66001 and 66006.
Subitem-B: (R-2025-383) ADOPTED AS RESOLUTION R-316040
Resolution approving the allocation of Development Impact Fees to four Capital Improvement Projects in Carmel Valley and one Capital Improvement Project in North University.
Subitem-C: (R-2025-384 Cor. Copy) ADOPTED AS RESOLUTION R-316041 Resolution authorizing the repayment of the Rancho Peñasquitos FBA interfund loan with Torrey Highlands FBA and Citywide Mobility Development Impact Fees.
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 Lee to recommend Council approval of staff's proposed actions 1-3. Staff requests proposed actions 4-6 be returned to staff.
VOTE: 4-0; Whitburn-yea, Lee-yea, Foster III-yea, von Wilpert-yea.
Planning: Breanne Busby, (619) 533-3710
City Attorney Contact: Lindsey Sebastian
COUNCIL ACTION: Start Time: 3:23 PM
Public testimony by Cesar Javier, Joy Sunyata, TheOriginalDra, and Lori Saldaña.
MOTION BY MARNI VON WILPERT 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, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 203: PRJ-0675732: El Camino Assisted Living Facility.
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, February 24, 2025
Total Estimated Cost of Proposed Action and Funding Source:
None with this action. All costs associated with the processing of this application are recovered through a deposit account funded by the applicant.
Council District(s) Affected: 1.
Proposed Actions:
An application for a Conditional Use Permit and Site Development Permit to amend Conditional Use Permit No. 862494 and Site Development Permit No. 862495, and a Neighborhood Use Permit to construct a three-story, 105,568-square-foot nursing facility with 105 units consisting of 87 assisted living units and 18 memory care units for a total of 124 beds, surface parking and supporting amenities at 13860 El Camino Real. The 3.97-acre site is in the AR-1-1 Base Zone within Proposition A Lands, the Coastal Overlay Zone (Deferred-Certification Area), the Very High Fire Severity Zone, and the Fire Brush Zone, and includes Environmental Sensitive Lands (Multiple Habitat Planning Area, sensitive biological resources, and special flood hazard area) within the North City Future Urbanizing Area Subarea II plan area.
Subitem-A: (R-2025-380) CONTINUED TO MONDAY, MARCH 17, 2025 Resolution certifying Subsequent Environmental Impact Report No. 0675732/SCH No. 2013071043, adopting Findings, and adopting Mitigation Monitoring and Reporting Program for the El Camino Real Assisted Living Facility, Project No. PRJ-675732.
Subitem-A: This item is not subject to the Mayor's veto.
Subitem-B: (O-2025-76) CONTINUED TO MONDAY, MARCH 17, 2025 Introduction of an Ordinance approving Conditional Use Permit No. 2475043 and Site Development Permit No. 2475049 to amend Conditional Use Permit No. 862494 and Site Development Permit No. 862495, and Neighborhood Use Permit No. 2475050 for the El Camino Real Assisted Living Facility, Project No. PRJ-675732.
Subitem-B: This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Development Services: Xavier Del Valle, (619) 557-7941
City Attorney Contact: Lindsey Sebastian
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Monday, February 24, 2025
COUNCIL ACTION: Start Time: 2:04 PM
Public testimony by Marcela Escobar, Sunjana Supekar, Harry Krikorian, Doug Higgs, Cesar B.
Javier, Andrea Ebbing, Michelle Strauss, Jayaditya Sinha, Jeffrey Forest, TheOriginalDra, Jeff Heden, Lori Saldaña, and Joy Sunyata.
MOTION BY JOE LACAVA TO CONTINUE TO MONDAY, MARCH 17, 2025, AT 2:00 P.M. FOR FURTHER REVIEW. Second by Sean Elo-Rivera.
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: Jennifer Campbell;
Recused: (None);
Not Present: (None).
REPORT OUT FROM CLOSED SESSION
None.
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Monday, February 24, 2025
ADJOURNMENT
The meeting was adjourned by Council President LaCava at 4:12 p.m.
COUNCIL ACTION: Start Time: 4:12 PM