Minutes — San Diego City Council, March 4, 2025

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, MARCH 4, 2025
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 PLEDGE OF ALLEGIANCE ...............................................................................................................................................5 NON-AGENDA PUBLIC COMMENT...........................................................................................................................5 MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT 8 SPECIAL ORDERS OF BUSINESS..................................................................................................................................8 Item 10: Approval of Council Minutes ....................................................................................................................8 Item 30: Guam History and Chamorro Heritage Day........................................................................................9 Item 31: CRY San Diego Holi Festival of Colors ..................................................................................................9 Item 100: This item was removed from the Agenda.......................................................................................10 Item 101: Authorization to Enter into the Second Amendment to the Agreement with Mallory Safety and Supply LLC for Safety Equipment, Personal Protective Equipment (PPE) and Safety Supplies .............................................................................................................................................................................10 Item 102: As-Needed Transportation Engineering & Mobility Planning Consultant Agreements with Chen Ryan Associates, Inc, Fehr & Peers, Michael Baker International, Inc. and WSP USA, Inc ...............................................................................................................................................................................................11 Minutes of Tuesday, March 4, 2025 Page 2
Table of Contents (Continued)
Item 103: Authorize an Agreement with Allied Waste Systems, Inc. dba Republic Services for Trash, Recycling, Green Waste and Mixed Organics Collection Services at City Facilities..................... ...............................................................................................................................................................................................13 Item 104: Settlement of Isabella Araceli Franco v. City of San Diego, San Diego Superior Court No. 37-2023-00044352-CU-PA-CTL, Claim No. 33144 ...................................................................................14 Item 105: Settlement of Charlene Pryor v. City of San Diego, San Diego Superior Court Case No. 37-2022-00048536-CU-PO-CTL, Claim No. 28996 ...........................................................................................15 Item 106: Settlement of Stephen Labor v. City of San Diego, San Diego Superior Court Case No. 37-2023-00000186 CU-PO-CTL, Claim No. 28241............................................................................................16 Item 330: San Diego Municipal Code Amendment to Section 131.0431 Development Regulations Table 131-04D Related to RS-1-2 Zones in the Encanto Neighborhoods and Southeastern San Diego Community Planning Areas and Rescission of City Council’s Actions on Item 331 on January 28, 2025, Related to this Item and to the City’s ADU Density Bonus Program; Process 5........................................................................................................................................................17 Item 331: Public Hearing Regarding Proposed Water Rate Increase Not to Exceed 5.5% to Pass Through Increases from San Diego County Water Authority.......................................................................19 Item S500: 130th Anniversary of Pacific Beach Woman’s Club Day .........................................................20 Item S501: Women in Construction Week..........................................................................................................21 Item S502: Authorize the Retention of Kutak Rock LLP as Outside Counsel in United States of America v. City of San Diego, 23-cv-00541 LL BJC ...........................................................................................22 Item S503: FY 2025 Community Projects, Programs, and Services Funding Allocation(s) from Council District 2 to 27 Nonprofit Organizations..............................................................................................23 Item S504: FY 2025 Community Projects, Programs, and Services Funding Allocation(s) from Council District 6 to 29 Nonprofit Organizations..............................................................................................24 Item S505: FY 2025 Community Projects, Programs, and Services (CPPS) Funding Allocations from Council District 1 to 31 Nonprofit Organizations...................................................................................25 Item S506: FY 2025 Community Projects, Programs, and Services (CPPS) Funding Allocations from Council District 3 to 57 Nonprofit Organizations...................................................................................26 Item S507: Accessory Dwelling Unit Bonus Program .....................................................................................27 Minutes of Tuesday, March 4, 2025 Page 3
Table of Contents (Continued)
REPORT OUT FROM CLOSED SESSION.................................................................................................................28 ADJOURNMENT .............................................................................................................................................................29 Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Tuesday, March 4, 2025

CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President LaCava at 10:09 a.m. The meeting was recessed by Council President LaCava at 4:13 p.m. for the purpose of a break. The meeting was reconvened by Council President LaCava at 4:28 p.m. with all Councilmembers present. The meeting was recessed by Council President LaCava at 5:57 p.m. for the purpose of a break. The meeting was reconvened by Council President LaCava at 6:07 p.m. with all Councilmembers present. Councilmember Campbell and Councilmember Moreno left the meeting at 7:43 p.m.

The meeting was adjourned by Council President LaCava at 8:17 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 (cp/gs)

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) Council President Pro Tem Lee-present
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, March 4, 2025
(7) Councilmember Campillo-present
(8) Councilmember Moreno-present
(9) Councilmember Elo-Rivera-present

LAND ACKNOWLEDGEMENT
Statement read by Councilmember Whitburn.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Whitburn.

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

Are eye see U.S. citizen said commented on 14th Amendment, Section 4.

COUNCIL ACTION: Start Time: 7:43 PM
PUBLIC COMMENT-2:

Mary Soriano commented on La Jolla Town Council potholes Get it Done.

COUNCIL ACTION: Start Time: 7:46 PM
PUBLIC COMMENT-3:

Shahrakh Saadat Nejad commented on death of Father.

COUNCIL ACTION: Start Time: 7:47 PM
PUBLIC COMMENT-4:

Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, March 4, 2025
Andrea Ebbing commented on budget; and public safety.

COUNCIL ACTION: Start Time: 7:49 PM
PUBLIC COMMENT-5:

Purita Javier commented on ceramics kiln toxicity on R-1 zone.

COUNCIL ACTION: Start Time: 7:52 PM
PUBLIC COMMENT-6:

Cesar Javier commented on ceramics kiln toxicity on R-1 zone.

COUNCIL ACTION: Start Time: 7:54 PM
PUBLIC COMMENT-7:

Marco Espinosa II commented on broadcast of Council meetings.

COUNCIL ACTION: Start Time: 7:56 PM
PUBLIC COMMENT-8:

Geoffrey Hueter commented on failure to provide information.

COUNCIL ACTION: Start Time: 7:58 PM
PUBLIC COMMENT-9:

Dana Givot commented on incentivizing affordable Accessory Dwelling Units.

COUNCIL ACTION: Start Time: 8:00 PM
PUBLIC COMMENT-10:

Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, March 4, 2025
AllegedlyAudra commented on tacos.

COUNCIL ACTION: Start Time: 8:02 PM
PUBLIC COMMENT-11 (virtual):

Francine Maxwell commented bold leadership related to budget.

COUNCIL ACTION: Start Time: 8:04 PM
PUBLIC COMMENT-12 (virtual):

Blair Beekman commented on learning a lot during meetings.

COUNCIL ACTION: Start Time: 8:06 PM
PUBLIC COMMENT-13 (virtual):

Peggy Walker commented on potency tax for marijuana products.

COUNCIL ACTION: Start Time: 8:08 PM
PUBLIC COMMENT-14 (virtual):

Terri-Ann Skelly commented on safety policies for flavored marijuana products.

COUNCIL ACTION: Start Time: 8:10 PM
PUBLIC COMMENT-15 (virtual):

Megan Stuart commented on growing public crisis related to alcohol liver disease.

COUNCIL ACTION: Start Time: 8:12 PM
PUBLIC COMMENT-16 (virtual):

Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, March 4, 2025
Madison commented on dangers of tobacco and marijuana smoke exposure.

COUNCIL ACTION: Start Time: 8:14 PM

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT None.

SPECIAL ORDERS OF BUSINESS
None.

Item 10: Approval of Council Minutes.

Proposed Actions:

Subitem-A: APPROVED
Approval of Council Minutes for January 13, 2025.

Subitem-B: APPROVED
Approval of Council Minutes for January 14, 2025.

COUNCIL ACTION: Start Time: 10:51 AM
CONSENT MOTION BY MARNI VON WILPERT TO APPROVE. 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).

Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, March 4, 2025
NOTE: The following Proclamations were NOT presented in Council Chambers.

Item 30: Guam History and Chamorro Heritage Day.

MAYOR GLORIA, COUNCIL PRESIDENT PRO TEM LEE, AND COUNCILMEMBER FOSTER III’S RECOMMENDATION:

APPROVED
Proclaiming March 3, 2025, to be “Guam History and Chamorro Heritage Day” in the City of San Diego
COUNCIL ACTION: Start Time: 10:15 AM
MOTION BY KENT LEE TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Item 31: CRY San Diego Holi Festival of Colors.

COUNCIL PRESIDENT PRO TEM LEE'S RECOMMENDATION:

APPROVED
Proclaiming March 8, 2025, to be “CRY San Diego Holi Festival of Colors” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:15 AM
MOTION BY KENT LEE TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, March 4, 2025
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 100: This item was removed from the Agenda.

Item 101: Authorization to Enter into the Second Amendment to the Agreement with Mallory Safety and Supply LLC for Safety Equipment, Personal Protective Equipment (PPE) and Safety Supplies.

Total Estimated Cost of Proposed Action and Funding Source:

This action increases the agreement by $5,305,161.47, for a total not-to-exceed amount of $11,305,161.47 over the five (5) year term of the Agreement. A combine source of federal and state funding and or general fund will be used for the purchase of safety equipment, personal protective equipment (PPE) and safety supplies.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2025-413) ADOPTED AS RESOLUTION R-316069
Resolution authorizing the Mayor, or his designee, to execute the Second Amendment to the contract with Mallory Safety and Supply, LLC to increase the not-to-exceed amount to $11,305,161.47 for the purchase of public safety supplies and emergency equipment.

Committee Actions Taken:

This item was heard at the Public Safety Committee meeting on February 12, 2025.

ACTION: Motion by Committee Member Whitburn, second by Committee Member Campbell, to recommend Council approval of staff’s proposed actions.

VOTE: 3-0; von Wilpert-yea, Campbell-yea, Whitburn-yea, Campillo-not present.

Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, March 4, 2025
Police: Daniel Holguin, (619) 533-5788
City Attorney Contact: Laura DePoister
COUNCIL ACTION: Start Time: 10:51 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item 102: As-Needed Transportation Engineering & Mobility Planning Consultant Agreements with Chen Ryan Associates, Inc, Fehr & Peers, Michael Baker International, Inc. and WSP USA, Inc.

Total Estimated Cost of Proposed Action and Funding Source:

This action will encumber the guaranteed minimum award of $1,000 per contract ($4,000 total with this action) once the Department of Finance first furnishes a certificate demonstrating that the necessary funds are, or will be on deposit with the City Treasury. Additional funds up to the maximum amount of each contract will be encumbered upon approval of each future task order and the Department of Finance certifying that additional funds are, or will be on deposit with the City Treasury.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (R-2025-253) ADOPTED AS RESOLUTION R-316070
Resolution authorizing an Agreement with WSP USA, Inc. for as-needed transportation engineering & mobility planning consultant services, in an amount not-to-exceed $2,000,000, over five years, and related actions.

Subitem-B: (R-2025-254) ADOPTED AS RESOLUTION R-316071
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, March 4, 2025
Resolution authorizing an Agreement with Michael Baker International, Inc. for as-needed transportation engineering & mobility planning consultant services, in an amount not-to-exceed $2,000,000, over five years, and related actions.

Subitem-C: (R-2025-255) ADOPTED AS RESOLUTION R-316072
Resolution authorizing an Agreement with Chen Ryan Associates, Inc. for as-needed transportation engineering & mobility planning consultant services, in an amount not-to-exceed $2,000,000, over five years, and related actions.

Subitem-D: (R-2025-256) ADOPTED AS RESOLUTION R-316073
Resolution authorizing an Agreement with Fehr & Peers for as-needed transportation engineering & mobility planning consultant services, in an amount not-to-exceed $2,000,000, over five years, and related actions.

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 Committee Member Foster III, to recommend Council approval of staff’s proposed actions.

VOTE: 3-0; Whitburn-yea, LaCava-yea, Foster III-yea, von Wilpert-not present.

Planning: Melissa Garcia, (619) 236-6173
City Attorney Contact: Lindsey H. Sebastian
COUNCIL ACTION: Start Time: 10:51 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, March 4, 2025
Item 103: Authorize an Agreement with Allied Waste Systems, Inc. dba Republic Services for Trash, Recycling, Green Waste and Mixed Organics Collection Services at City Facilities.

Total Estimated Cost of Proposed Action and Funding Source:

This action will authorize a five-year agreement to expend an amount not-to-exceed $14,500,000, from various funds as outlined in the Accounting Table.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (R-2025-401) ADOPTED AS RESOLUTION R-316074
Resolution determining that approval of an agreement with Allied Waste Systems, Inc., DBA Republic Services of San Diego, for trash, recycling, green waste, and mixed organics collection services at City facilities is categorically exempt from the California Environmental Quality Act pursuant to CEQA Guidelines sections 15301, 15308, and 15323.

Subitem-B: (R-2025-402) ADOPTED AS RESOLUTION R-316075
Resolution authorizing an agreement with Allied Waste Systems, Inc., DBA Republic Services of San Diego, for trash, recycling, green waste, and mixed organics collection services at City facilities.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on February 13, 2025.

ACTION: Motion by Committee Member LaCava, second by Vice Chair Campbell, to recommend Council approval of staff’s proposed actions.

VOTE: 3-0; Elo-Rivera-yea, Campbell-yea, LaCava-yea.

Environmental Services: Andrea Deleon, (858) 573-1243
City Attorney Contact: William Smith
COUNCIL ACTION: Start Time: 10:51 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, March 4, 2025
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 104: Settlement of Isabella Araceli Franco v. City of San Diego, San Diego Superior Court No. 37-2023-00044352-CU-PA-CTL, Claim No. 33144.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $2,000,000 will be paid from Public Liability Fund.

Council District(s) Affected: 9.

Proposed Actions:
(R-2025-372) ADOPTED AS RESOLUTION R-316076
Resolution authorizing the settlement of Isabella Araceli Franco v. City of San Diego, San Diego Superior Court No. 37-2023-00044352-CU-PA-CTL, related to a claim of personal injuries arising out of an alleged dangerous condition of public property at the off-ramp of eastbound SR-94 and Home Avenue. Risk Claim No. 33144.

Committee Actions Taken: N/A
Office of the City Attorney: Zachariah Hill Rowland, (619) 235-5794 COUNCIL ACTION: Start Time: 10:51 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. (von Wilpert moved the consent agenda, but voted nay on Item 104.) Second by Jennifer Campbell.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: Marni Von Wilpert;
Recused: (None);
Not Present: (None).

Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, March 4, 2025
Item 105: Settlement of Charlene Pryor v. City of San Diego, San Diego Superior Court Case No. 37-2022-00048536-CU-PO-CTL, Claim No. 28996.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $110,000 will be paid from the Public Liability Fund.

Council District(s) Affected: 2.

Proposed Actions:
(R-2025-354) ADOPTED AS RESOLUTION R-316077
Resolution authorizing the settlement of Charlene Pryor v. City of San Diego, San Diego Superior Court Case No. 37-2022-00048536-CU-PO-CTL, related to a claim of personal injuries arising out of an alleged dangerous condition of public property on Jumano Avenue in the City of San Diego. Risk Claim No. 28996.

Committee Actions Taken: N/A
Office of the City Attorney: Heather R. Whitehead, (619) 533-5873 COUNCIL ACTION: Start Time: 10:51 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item 106: Settlement of Stephen Labor v. City of San Diego, San Diego Superior Court Case No. 37-2023-00000186 CU-PO-CTL, Claim No. 28241.

Total Estimated Cost of Proposed Action and Funding Source:

Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, March 4, 2025
Settlement amount of $75,000 will be paid from Public Liability Fund.

Council District(s) Affected: 7.

Proposed Actions:
(R-2025-344) ADOPTED AS RESOLUTION R-316078
Resolution authorizing the settlement of Stephen Labor v. City of San Diego, San Diego Superior Court Case No. 37-2023-00000186 CU-PO-CTL, related to a claim of personal injuries arising out of an alleged dangerous condition of public property at the intersection of Wandermere and Belle Glade Avenue. Risk Claim No. 28241.

Committee Actions Taken: N/A
Office of the City Attorney: Robert J. Rice, (619) 533-5629 COUNCIL ACTION: Start Time: 10:51 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item 330: San Diego Municipal Code Amendment to Section 131.0431 Development Regulations Table 131-04D Related to RS-1-2 Zones in the Encanto Neighborhoods and Southeastern San Diego Community Planning Areas and Rescission of City Council’s Actions on Item 331 on January 28, 2025, Related to this Item and to the City’s ADU Density Bonus Program; Process 5.

Total Estimated Cost of Proposed Action and Funding Source:

There is no cost to the City with this action.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, March 4, 2025
Proposed Actions:

Consideration of rescission of Council’s actions on January 28, 2025, introducing ordinance O2025-67 amending Chapter 13, Article 1, Division 4 of the San Diego Municipal Code by amending Section 131.0431 and requesting City staff return to City Council within 60 days with an action item to remove the City’s Accessory Dwelling Unit Density Bonus Program. This action would cure any alleged failure to comply with the state’s open meeting laws pursuant to Government Code section 54960.1.

Reintroduction of San Diego Municipal Code and Local Coastal Program amendment to the Development Regulations for Residential Zones Table 131-04D removing Footnote 7 that reduced the minimum lot size for the RS-1-2 zones from 20,000 square feet to 5,000 square feet and applied the development regulations of RS-1-7 zones to subdivisions in the Encanto Neighborhoods and Southeastern San Diego Community Planning Areas.

Subitem-A: (R-2025-397) ADOPTED AS RESOLUTION R-316087
Resolution rescinding City Council’s actions on January 28, 2025, introducing ordinance O-2025- 67 amending Chapter 13, Article 1, Division 4 of the San Diego Municipal Code by amending Section 131.0431 and requesting City staff return to City Council with an action item to remove the City’s Accessory Dwelling Unit Density Bonus Program.

Subitem-B: (O-2025-86) INTRODUCED, TO BE ADOPTED TUESDAY, MARCH 18, 2025 Introduction of an Ordinance amending Chapter 13, Article 1, Division 4 of the San Diego Municipal Code by amending Section 131.0431, relating to Development Regulations Table 131- 04D for the RS-1-2 Residential Zone in the Southeastern San Diego and Encanto Neighborhoods Community Planning Areas.

Committee Actions Taken: N/A
Planning: Liz Saidkhanian, (619) 533-5990
City Attorney Contact: Lauren Hendrickson
COUNCIL ACTION: Start Time: 11:12 AM
Public testimony by Sheila Minick, David Swarens, Eveyln Smith, Geoffrey Hueter, Dorene Dias Pesta, Jamie Street, Maria Conrad, Alan Conrad, Shane Harris, Andrea Hetheru, Saige Waldin, Mike Philyons, Kenny Key, Bruce Coons, Paul Coogan, Leslie Dudley, Francine Maxwell, Casey, TheOriginalDra, Sally Smull, Robert Campbell, Blair Beekman, and Becky Rapp.

Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, March 4, 2025
MOTION BY HENRY L. FOSTER III TO ADOPT THE RESOLUTION IN SUBITEM A; AND INTRODUCE THE ORDINANCE IN SUBITEM B. Second by Sean Elo-Rivera.

Passed by the following vote:

Item 331: Public Hearing Regarding Proposed Water Rate Increase Not-to-Exceed 5.5% to Pass Through Increases from San Diego County Water Authority.

Total Estimated Cost of Proposed Action and Funding Source:

The proposed rate increase will result in approximately $6 million in revenue to the Water Fund to cover the costs associated for purchasing water associated wholesale rate increases effective January through June of 2025.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (R-2025-415) ADOPTED AS RESOLUTION R-316088
Resolution determining that approval of water rate increases to pass through increases in the wholesale cost of water charged by the San Diego County Water Authority is statutorily exempt from the California Environmental Quality Act under CEQA Guidelines section 15273.

Subitem-B: (R-2025-414) ADOPTED AS RESOLUTION R-316089
Resolution approving water rate increases to pass through increases in the wholesale costs of water charged by the San Diego County Water Authority.

Committee Actions Taken: N/A
Public Utilities: Adam Jones, (858) 614-4030
City Attorney Contact: Melissa D. Ables
Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, March 4, 2025
COUNCIL ACTION: Start Time: 6:12 PM
Council President LaCava opened the hearing.

Public testimony by Michael Coste, Mary Soriano, Marco Espinosa II, Maria Lopez, Terri Altorelli, Greg Montoya, Elijah Allen, Sarah Huynh, Ria Innika Bhabu, Will Harris, Makayla Sims, Apollo Davis, Shelly Shea, Margo Verhoek, Erin Edkins, AllegedlyAudra, Cesar Javier, Dolores McPherson, Andrea Ebbing, Fred Tayco, Blair Beekman, and Francine Maxwell.

Council President LaCava closed the hearing and directed City Clerk Diana Fuentes to tabulate the submittal of protests.

City Clerk Diana Fuentes announced that the City Clerk’s Office received a total of 4,742 protests within the 45-day period from January 19, 2025, through March 4, 2025, including the 1 that was received during the public hearing. Based on information provided by the Public Utilities Department 130,208 protests would represent 50 percent plus 1 of affected properties or customers at the time Council authorized the mailing of the proposition to obtain noticing regarding the proposed rate increase. The number of protests lodged with the City Clerk’s Office is manifestly below the threshold of 50 percent plus 1. City Clerk Diana Fuentes certified the results and submitted them to the City Council.

MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Kent Lee, Raul A. Campillo, Sean EloRivera; Nay: Henry L. Foster III, Marni von Wilpert, Vivian Moreno; Recused: (None);
Not Present: (None).

NOTE: The following Proclamations were NOT presented in Council Chambers.

Item S500: 130th Anniversary of Pacific Beach Woman’s Club Day.

COUNCIL PRESIDENT LACAVA'S RECOMMENDATION:

APPROVED
Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, March 4, 2025
Proclaiming March 5, 2025, to be “130th Anniversary of Pacific Beach Woman’s Club Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:15 AM
MOTION BY KENT LEE TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Item S501: Women in Construction Week.

COUNCILMEMBER ELO-RIVERA'S RECOMMENDATION:

APPROVED
Proclaiming March 2-8, 2025, to be “Women in Construction Week” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:15 AM
MOTION BY KENT LEE TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Item S502: Authorize the Retention of Kutak Rock LLP as Outside Counsel in United States of America v. City of San Diego, 23-cv-00541 LL BJC.

Total Estimated Cost of Proposed Action and Funding Source:

Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, March 4, 2025
The Agreement with Kutak Rock LLP for an amount not-to-exceed $500,000 and reimbursement to Stormwater Department's Operating Budget will be funded from the Public Liability Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2025-322) ADOPTED AS RESOLUTION R-316079
Resolution approving the retention of Kutak Rock LLP (Kutak Rock) as Outside Counsel to provide specialized legal services in United States of America v. City of San Diego, 23-cv-00541 LL BJC.

Committee Actions Taken: N/A
Office of the City Attorney: Benjamin P. Syz, (619) 236-6695 COUNCIL ACTION: Start Time: 11:08 AM
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, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: Marni von Wilpert;
Not Present: (None).

Item S503: FY 2025 Community Projects, Programs, and Services Funding Allocation(s) from Council District 2 to 27 Nonprofit Organizations.

Total Estimated Cost of Proposed Action and Funding Source:

Previously budgeted Fiscal Year 2025 Community Project, Programs, and Services (CPPS) funding allocations for all nine Council Districts total $900,000. Of those previously budgeted funds, this item allocates $89,650 of Council District 2’s CPPS funds to various nonprofit organizations pursuant to Council Policy 100-06.

Council District(s) Affected: 2.

Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, March 4, 2025
Proposed Actions:

Subitem-A: (R-2025-430) ADOPTED AS RESOLUTION R-316080
Resolution determining that the approval of Fiscal Year 2025 Community Projects, Programs, and Services (CPPS) funding allocations, pursuant to Council Policy 100-06, recommended by Council District 2 to certain nonprofit organizations is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines section 15301.

Subitem-B: (R-2025-429) ADOPTED AS RESOLUTION R-316081
Resolution approving Fiscal Year 2025 Community Projects, Programs, and Services (CPPS) funding allocations, pursuant to Council Policy 100-06, recommended by Council District 2 to 27 nonprofit organizations in the aggregate amount of $89,650.

Committee Actions Taken: N/A
Council Administration: Abigail Edwards, (619) 236-5918 City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 10:51 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item S504: FY 2025 Community Projects, Programs, and Services Funding Allocation(s) from Council District 6 to 29 Nonprofit Organizations.

Total Estimated Cost of Proposed Action and Funding Source:

Previously budgeted Fiscal Year 2025 Community Project, Programs, and Services (CPPS) funding allocations for all nine Council Districts total $900,000. Of those previously budgeted funds, this item allocates $100,000 of Council District 6’s CPPS funds to various nonprofit organizations pursuant to Council Policy 100-06.

Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, March 4, 2025
Council District(s) Affected: 6.

Proposed Actions:
(R-2025-428) ADOPTED AS RESOLUTION R-316082
Resolution approving Fiscal Year 2025 Community Projects, Programs, and Services (CPPS) funding allocations, pursuant to Council Policy 100-06, recommended by Council District 6 to 29 nonprofit organizations in the aggregate amount of $100,000.

Passed by the following vote:

Item S505: FY 2025 Community Projects, Programs, and Services (CPPS) Funding Allocations from Council District 1 to 31 Nonprofit Organizations.

Total Estimated Cost of Proposed Action and Funding Source:

Previously budgeted Fiscal Year 2025 Community Projects, Programs, and Services (CPPS) funding allocations for all nine Council Districts total $900,000. Of those previously budgeted funds, this item allocates $80,000 of Council District 1's CPPS funds to various nonprofit organizations pursuant to Council Policy 100-06.

Council District(s) Affected: 1.

Proposed Actions:

Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, March 4, 2025
Subitem-A: (R-2025-410) ADOPTED AS RESOLUTION R-316083
Resolution determining that the approval of Fiscal Year 2025 Community Projects, Programs, and Services (CPPS) funding allocations, pursuant to Council Policy 100-06, recommended by Council District 1 to certain nonprofit organizations is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines section 15301.

Subitem-B: (R-2025-409) ADOPTED AS RESOLUTION R-316084
Resolution approving Fiscal Year 2025 Community Projects, Programs, and Services (CPPS) funding allocations, pursuant to Council Policy 100-06, recommended by Council District 1 to 31 nonprofit organizations in the aggregate amount of $80,000.

Committee Actions Taken: N/A
Council Administration: Malachi Bielecki, (619) 236-7709 City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 10:51 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item S506: FY 2025 Community Projects, Programs, and Services (CPPS) Funding Allocations from Council District 3 to 57 Nonprofit Organizations.

Total Estimated Cost of Proposed Action and Funding Source:

Previously budgeted Fiscal Year 2025 Community Projects, Programs, and Services (CPPS) funding allocations for all nine Council Districts total $900,000. Of those previously budgeted funds, this item allocates $98,000 of Council District 3's CPPS funds to various nonprofit organizations pursuant to Council Policy 100-06.

Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, March 4, 2025
Council District(s) Affected: 3.

Proposed Actions:

Subitem-A: (R-2025-412) ADOPTED AS RESOLUTION R-316085
Resolution determining that the approval of Fiscal Year 2025 Community Projects, Programs, and Services (CPPS) funding allocations, pursuant to Council Policy 100-06, recommended by Council District 3 to certain nonprofit organizations is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines section 15311(a).

Subitem-B: (R-2025-411) ADOPTED AS RESOLUTION R-316086
Resolution approving Fiscal Year 2025 Community Projects, Programs, and Services (CPPS) funding allocations, pursuant to Council Policy 100-06, recommended by Council District 3 to 57 nonprofit organizations in the aggregate amount of $98,000.

Passed by the following vote:

Item S507: Accessory Dwelling Unit Bonus Program.

Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.

Proposed Actions:

Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, March 4, 2025
This is an Item to Repeal the City of San Diego’s Accessory Dwelling Unit Bonus Program (ADU Bonus Program). The ADU Bonus Program was Established to Incentivize the Production of Accessory Dwelling Units Beyond State-Mandated Regulations. However, Concerns Have Been Raised Regarding the ADU Bonus Program’s Impact on Density, Neighborhood Character, Infrastructure Capacity, and Public Safety.
(R-2025-437 Rev.) ADOPTED AS AMENDED AS RESOLUTION R-316090 Resolution requesting City staff to return with an action item to Repeal the City’s Accessory Dwelling Unit Bonus Program.

Committee Actions Taken: N/A
Council District 4: Chandra Clady, (619) 236-6644
City Attorney Contact: Corrine Neuffer
COUNCIL ACTION: Start Time: 12:18 PM
Substitute motion by Jennifer Campbell to request City Planning Department continue to work on amendments to the Accessory Dwelling Unit Program and consider adding ideas from our council offices to be added in the Land Development Code Update coming to Council soon.

Second by Marni von Wilpert.

Failed by the following vote:

Yea: Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Raul A. Campillo; Nay: Joe LaCava, Henry L. Foster III, Kent Lee, Vivian Moreno, Sean Elo-Rivera; Recused: (None);
Not Present: (None).

MOTION BY HENRY L. FOSTER III TO ADOPT THE RESOLUTION AS AMENDED TO: 1) REQUEST CITY STAFF TO RETURN TO CITY COUNCIL WITHIN 90 DAYS WITH AN ACTION ITEM TO

REMOVE APPLICABILITY OF THE ACCESSORY DWELLING UNIT (ADU) DENSITY BONUS

PROGRAM FROM THE SAN DIEGO MUNICIPAL CODE, CONFORMING THE LOCAL ADU BONUS

PROGRAM TO STATE-MANDATED ADU REGULATIONS FOR SINGLE-FAMILY ZONED PARCELS IN RS-1-1, RS-1-2, RS-1-3, RS-1-4, RS-1-8, RS-1-9, RS-1-10, AND RS-1-11 ZONED PARCELS; AND 2)

REQUEST THE CITY PLANNING DEPARTMENT TO BRING FORWARD REVISIONS TO THE ADU

DENSITY BONUS PROGRAM INCLUDING, BUT NOT LIMITED TO, THOSE PROVIDED IN THE FEBRUARY 28, 2025, MEMORANDUM TO THE LAND USE AND HOUSING COMMITTEE FOR CONSIDERATION. Second by Kent Lee.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, March 4, 2025
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Kent Lee, Vivian Moreno, Sean EloRivera; Nay: Jennifer Campbell, Marni von Wilpert, Raul A. Campillo; Recused: (None);
Not Present: (None).

REPORT OUT FROM CLOSED SESSION
None.

ADJOURNMENT
The meeting was adjourned by Council President LaCava at 8:17 p.m.

COUNCIL ACTION: Start Time: 8:17 PM

San Diego City CouncilMarch 4, 2025

San Diego City Council
March 4, 2025