THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, APRIL 14, 2025
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
AND
AT 2:00 PM
IN THE CIVIC THEATRE
1300 THIRD AVENUE
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 .........................................................................................6
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................9 Item 200: FY2026 Business Improvement District Budgets - Annual Appropriation Process ........ ........................................................................................................................................10 Item 201: Authorization to Set a Public Hearing Date Pursuant to Proposition 218 to Consider Adoption of a New Solid Waste Management Fee, Adopt Procedures for Submitting and Tabulating Protests Against the Proposed Fee, and Set Hearing Date to Consider Report of Proposed Fees to be Collected on the Tax Roll for the Forthcoming Fiscal Year, if Solid Waste Management Fee is Adopted...............................................................................................12 Item 250: Approval of the Final Map “LOMA 21”..................................................................13 REPORT OUT FROM CLOSED SESSION................................................................................14 Minutes of Monday, April 14, 2025 Page 2
Table of Contents (Continued)
ADJOURNMENT .................................................................................................................14 Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Monday, April 14, 2025
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President LaCava at 10:02 a.m. Councilmember Foster and Councilmember Moreno arrived to the meeting at 10:05 a.m. The meeting was recessed by Council President LaCava at 10:07 a.m. into Closed Session to be reconvened at 2:00 p.m.
The meeting was reconvened by Council President LaCava at 2:13 p.m. with all Councilmembers present. Councilmember Campbell left the meeting at 5:42 p.m. The meeting was adjourned by Council President LaCava at 6:18 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)
ROLL CALL
(1) Council President LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-present
(4) Councilmember Foster-not present
(5) Councilmember von Wilpert-present
(6) Council President Pro Tem Lee-present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-not present
(9) Councilmember Elo-Rivera-not present
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, April 14, 2025
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 McKinley Kekona v. City of San Diego
United States District Court Case No. 22-cv-00745-MMA-VET Risk Management Department Claim File No. 29865
REFERRED TO CLOSED SESSION OF MONDAY, APRIL 14, 2025
DCA Assigned: G. Leasure
This case arises out of an alleged use of excessive force by San Diego Police Officers during a traffic stop that occurred on May 25, 2020, on Kelton Road. The City Attorney’s Office will update the Mayor and the City Council and seek direction.
COUNCIL ACTION: Start Time: 10:04 AM
Public testimony by Joy Sunyata.
Council President LaCava closed the hearing.
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, April 14, 2025
CS-2 Michael Fox v. City of San Diego, et al.
San Diego Superior Court Case No. 37-2023-00010482-CU-PO-CTL Risk Management Department Claim File No. 31687
REFERRED TO CLOSED SESSION OF MONDAY, APRIL 14, 2025
DCA Assigned: K. Yee
This matter arises from a trip and fall that occurred on December 4, 2022, when Plaintiff stepped into a concealed depression in parkway grass and sustained significant injuries. The City Attorney’s Office will update the Mayor and City Council on the status of litigation and seek direction.
COUNCIL ACTION: Start Time: 10:04 AM
Public testimony by Joy Sunyata.
Council President LaCava closed the hearing.
CS-3 Rakewon Emmanuel Cook v. City of San Diego
San Diego Superior Court Case No. 37-2023-00053851-CU-PO-CTL Risk Management Department Claim File No. 33789
REFERRED TO CLOSED SESSION OF MONDAY, APRIL 14, 2025
DCA Assigned: A. Markowitz
This action arises from an alleged dangerous condition and incident that occurred near the intersection of Euclid Ave. and Hilltop Drive, 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: 10:04 AM
Public testimony by Joy Sunyata.
Council President LaCava closed the hearing.
CS-4 U.S. ex rel. Hendrix v. J-M Manufacturing Company, Inc. et al.
U.S. District Court – Central District of California No. 5:06-cv-55-GW Risk Management Department Claim File No. N/A
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, April 14, 2025
REFERRED TO CLOSED SESSION OF MONDAY, APRIL 14, 2025
SCDCA Assigned: M. Ankcorn
This case arises from a whistle-blower action brought against the manufacturer of substandard PVC water main and transmission pipe that failed to meet the claimed specifications or industry standards. The City of San Diego joined several California public entities in intervening in the action which was filed in the U.S. District Court in Los Angeles. The City Attorney's Office will brief the Council on recent developments in the case and seek direction.
COUNCIL ACTION: Start Time: 10:04 AM
Public testimony by Joy Sunyata.
Council President LaCava closed the hearing.
NOTE: (Due to emergency circumstances caused by the earthquake, the Closed Session items were not heard today. They will be rescheduled for a future meeting.)
NON-AGENDA PUBLIC COMMENT
NOTE: (Technical difficulties were resolved which allowed virtual Non-Agenda Public Comment.)
PUBLIC COMMENT-1:
Valentina Hernandez commented on homelessness; thefts; and potholes.
COUNCIL ACTION: Start Time: 5:42 PM
PUBLIC COMMENT-2:
Lori Saldaña commented on fees.
COUNCIL ACTION: Start Time: 5:44 PM
PUBLIC COMMENT-3:
Dorene Dias commented on Bonus Accessory Dwelling Unit bad for you.
COUNCIL ACTION: Start Time: 5:47 PM
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, April 14, 2025
PUBLIC COMMENT-4:
Cesar Javier commented on ceramic toxicity in residential zone.
COUNCIL ACTION: Start Time: 5:50 PM
PUBLIC COMMENT-5:
Thompson commented on decorum.
COUNCIL ACTION: Start Time: 5:52 PM
PUBLIC COMMENT-6 (virtual):
Blair Beekman commented on future of tech placement issues.
COUNCIL ACTION: Start Time: 5:54 PM
PUBLIC COMMENT-7 (virtual):
Terri-Ann Skelly commented on National Public Health Month.
COUNCIL ACTION: Start Time: 5:56 PM
PUBLIC COMMENT-8 (virtual):
TheOriginalDra commented on transparency.
COUNCIL ACTION: Start Time: 5:58 PM
PUBLIC COMMENT-9 (virtual):
Consuelo commented on false government.
COUNCIL ACTION: Start Time: 6:00 PM
PUBLIC COMMENT-10 (virtual):
Kelly McCormick commented on effects of marijuana use.
COUNCIL ACTION: Start Time: 6:02 PM
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, April 14, 2025
PUBLIC COMMENT-11 (virtual):
Joy Sunyata commented on Gaslamp District Promenade.
COUNCIL ACTION: Start Time: 6:04 PM
PUBLIC COMMENT-12 (virtual):
Paul the Bold commented on budgeting; deferred maintenance; and homeless.
COUNCIL ACTION: Start Time: 6:06 PM
PUBLIC COMMENT-13 (virtual):
Madison commented on marijuana addiction.
COUNCIL ACTION: Start Time: 6:08 PM
PUBLIC COMMENT-14 (virtual):
Judi Strang commented on April being Public Health Month.
COUNCIL ACTION: Start Time: 6:10 PM
PUBLIC COMMENT-15 (virtual):
Becky Rapp commented on smoking/vaping in multi-unit housing.
COUNCIL ACTION: Start Time: 6:13 PM
PUBLIC COMMENT-16 (virtual):
Robert Campbell commented on Bonus Accessory Dwelling Units.
COUNCIL ACTION: Start Time: 6:15 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, April 14, 2025
None.
NOTE: (Due to technical difficulties, the City Council suspended the Rules of Council allowing virtual public comment for the duration of today’s Council Meeting.) COUNCIL ACTION: Start Time: 2:15 PM
MOTION BY JOE LACAVA TO SUSPEND RULE OF COUNCIL 2.6.2 ALLOWING VIRTUAL PUBLIC COMMENT ON AGENDA ITEMS AND RULE OF COUNCIL 2.7.4 ALLOWING VIRTUAL NONAGENDA PUBLIC COMMENT FOR THE DURATION OF TODAY’S COUNCIL MEETING. Second by Sean Elo-Rivera.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: Henry L. Foster III;
Recused: (None);
Not Present: (None).
Item 200: FY2026 Business Improvement District Budgets - Annual Appropriation Process.
Total Estimated Cost of Proposed Action and Funding Source:
The City does not plan to retain any of the assessments and undertakes the associated administration with existing budgeted staff. All of the anticipated BID assessments are remitted to the BID funds and therefore, there is no net fiscal impact to the General Fund. Please see the included City Attorney memo from April 2014 about risks associated with the levy of BID assessments and Prop 26.
Council District(s) Affected: 1, 2, 3, 4, 8, 9.
Proposed Actions:
Subitem-A: (R-2025-442) ADOPTED AS RESOLUTION R-316135
Resolution of the Council of the City of San Diego Approving the Fiscal Year 2026 Budget Reports for Specified Parking and Business Improvement Areas.
Subitem-B: (R-2025-443) ADOPTED AS RESOLUTION R-316136
Resolution of the Council of the City of San Diego Declaring the Council's Intention to Levy and Collect Annual Assessments from Businesses Located in Specified Parking and Business Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, April 14, 2025
Improvement Areas for Fiscal Year 2026 and Fixing the Time and Place for a Public Hearing on the Levy of Such Assessments.
Subitem-C: (R-2025-444) ADOPTED AS RESOLUTION R-316137
Resolution of the Council of the City of San Diego Appointing the Fiscal Year 2026 Advisory Boards for Specified Parking and Business Improvement Areas.
Committee Actions Taken:
This item was heard at the Economic Development & Intergovernmental Relations committee meeting on March 5, 2025.
ACTION: Motion by Committee Member Campbell, second by Chair Campillo, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Campillo-yea, Foster III-yea, Campbell-yea, Lee-yea.
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Brian Byun
COUNCIL ACTION: Start Time: 2:20 PM
MOTION BY RAUL A. CAMPILLO 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).
NOTE: (Technical difficulties were resolved which allowed virtual public comment on this item.)
Item 201: Authorization to Set a Public Hearing Date Pursuant to Proposition 218 to Consider Adoption of a New Solid Waste Management Fee, Adopt Procedures for Submitting and Tabulating Protests Against the Proposed Fee, and Set Hearing Date to Consider Report of Proposed Fees to be Collected on the Tax Roll for the Forthcoming Fiscal Year, if Solid Waste Management Fee is Adopted.
Total Estimated Cost of Proposed Action and Funding Source:
Please see Staff Report.
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Monday, April 14, 2025
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2025-494) ADOPTED WITH DIRECTION AS RESOLUTION R-316138 Resolution authorizing procedures in accordance with Proposition 218 to consider implementing a solid waste management fee, including setting a public hearing date, mailing notice of the public hearing, and all related actions.
Subitem-B: (R-2025-493) ADOPTED AS RESOLUTION R-316139
Resolution adopting procedures under Proposition 218 for submitting, receiving, and tabulating protests against a solid waste management fee.
Subitem-C: (R-2025-495) ADOPTED AS RESOLUTION R-316140
Resolution authorizing procedures in accordance with the Health and Safety Code to consider collecting a solid waste management fee on the County tax roll, if the solid waste management fee is implemented.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on February 13, 2025.
ACTION: Motion by Chair Elo-Rivera, second by Committee Member LaCava, to recommend Council approval of staff’s proposed actions.
VOTE: 2-0; Elo-Rivera-yea, LaCava-yea, Campbell-not present.
Environmental Services: Kirby Brady, Interim Department Director, (619) 249-2735 City Attorney Contact: Nicole M. Denow
COUNCIL ACTION: Start Time: 2:39 PM
MOTION BY SEAN ELO-RIVERA TO ADOPT THE RESOLUTION IN SUBITEM A WITH DIRECTION
TO AMEND EXHIBIT A, NOTICE OF PUBLIC HEARING, MODIFYING THE PROPOSED RATE CASE AND FEE SCHEDULE TO COVER FOUR YEARS, THROUGH FISCAL YEAR 2029; AND DIRECT THE
INDEPENDENT BUDGET ANALYST TO WORK WITH ENVIRONMENTAL SERVICES AND OTHER APPROPRIATE DEPARTMENTS TO ENSURE MITIGATION OPTIONS PRESENTED IN TABLE 5 OF IBA REPORT 25-10 ARE PRESENTED AS OPTIONS FOR COUNCIL TO IMPLEMENT AT THE JUNE 9 TH HEARING; AND ADOPT THE RESOLUTIONS IN SUBITEMS B AND C. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Kent Lee, Sean Elo-Rivera;
Nay: Marni von Wilpert, Raul A. Campillo, Vivian Moreno; Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Monday, April 14, 2025
Recused: (None);
Not Present: (None).
NOTE: The following Public Notice was for public record only. This item did not require Council action or public testimony.
Item 250: Approval of the Final Map “LOMA 21”.
NOTICE of Pending Final Map Approval
Notice is hereby given that the City Engineer has reviewed and will approve on the date of this City Council meeting that certain final map entitled “LOMA 21" (V.T.M. No. PMT-2571081, PRJ No. 0694149) located on the north side of Worden and Leland Streets at 2916 through 2996 Worden Street and is in the Residential-Multiple Unit (RM)-3-7 Zone, Airport Approach Overlay Zone, Airport Influence Area (San Diego International Airport Review Area 1), Federal Aviation Administration Part 77 Noticing Area, Coastal Height Limit Overlay Zone, Parking Standards, Transit Priority Area, Transit Area Overlay Zone, and Transit Priority Area within the Peninsula Community area, a copy of which is available for public viewing at the office of the San Diego City Clerk. Specifically, the City Engineer has caused the map to be examined and has made the following findings:
(1) The map substantially conforms to the approved tentative map, and any approved alterations thereof and any conditions of approval imposed with said tentative map. (2) The map complies with the provisions of the Subdivision Map Act and any local ordinances applicable at the time of approval of the tentative map. (3) The map is technically correct.
Said map will be finalized and recorded unless a valid appeal is filed. Interested parties will have 10 calendar days from the date of this Council hearing to appeal the above findings of the City Engineer to the City Council. A valid appeal must be filed with the City Clerk no later than 2:00 PM, 10 calendar days from the date of this City Council meeting stating briefly which of the above findings made by the City Engineer was improper or incorrect and the basis for that conclusion. If you have questions about the map approval findings or need additional information about the map or your appeal rights, please feel free to contact Frederick R.
LePage (619) 446-5434.
REPORT OUT FROM CLOSED SESSION
None.
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Monday, April 14, 2025
ADJOURNMENT
The meeting was adjourned by Council President LaCava at 6:18 p.m.
COUNCIL ACTION: Start Time: 6:18 PM