THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, FEBRUARY 23, 2026
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 .........................................................................................8
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ........................................................................................................................................10 Item 200: Fiscal Year 2026 Mid-Year Budget Monitoring Report ...........................................10 Item 201: Creation of an Annual Allocation for the Convention Center Modernization Projects and Approval of the FY26 Itemized Budget for the Convention Center Revenue Account Under Measure C.........................................................................................................................11 Item 202: Third Addendum to the Third Amended and Restated Management Agreement Between the City of San Diego and the San Diego Convention Center Corporation, Inc., and the Designation of Specific Future Convention Center Capital Improvement Projects as “Covered Projects” Under the Project Labor Agreement.......................................................................13 Item 250: Submission of Ballot Proposals for the June 2, 2026, Ballot...................................14 Item 251: Submission of Ballot Proposals for the November 3, 2026, Ballot...........................15 Item 252: Examination Period of Election Materials .............................................................16 Minutes of Monday, February 23, 2026 Page 2
Table of Contents (Continued)
Item S400: Hearing for Public Input on the Development of the FY 2027 Budget...................17 REPORT OUT FROM CLOSED SESSION................................................................................18 ADJOURNMENT .................................................................................................................18 Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Monday, February 23, 2026
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President LaCava at 10:03 a.m. The meeting was recessed by Council President LaCava at 10:12 a.m. into Closed Session to be reconvened at 2:00 p.m.
The meeting was reconvened by Council President LaCava at 2:06 p.m. with Councilmember Foster, Councilmember von Wilpert, and Councilmember Campillo not present. Councilmember Foster arrived to the meeting at 2:17 p.m. Councilmember Moreno left the meeting at 3:32 p.m. Councilmember Moreno arrived back to the meeting at 3:40 p.m. The meeting was recessed by Council President LaCava at 4:14 p.m.
The meeting was reconvened by Council President LaCava at 6:03 p.m. with Councilmember Campbell, Councilmember von Wilpert, and Councilmember Campillo not present. The meeting was adjourned by Council President LaCava at 6:53 p.m.
ATTENDANCE DURING THE MEETING
PRESENT:
CD-1 Council President Joe LaCava
CD-2 Councilmember Jennifer Campbell
CD-3 Councilmember Stephen Whitburn
CD-4 Councilmember Henry L. Foster III
CD-6 Council President Pro Tem Kent Lee
CD-8 Councilmember Vivian Moreno
CD-9 Councilmember Sean Elo-Rivera - (Pursuant to California Government Code section 54953(f), participated remotely for just cause due to childcare needs with no individuals 18 years of age or older present in the room.)
ABSENT:
CD-5 Councilmember Marni von Wilpert
CD-7 Councilmember Raul A. Campillo
CITY CLERK:
Fuentes (gs/cp)
ROLL CALL
(1) Council President LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-present
(4) Councilmember Foster-present
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, February 23, 2026
(5) Councilmember von Wilpert-not present
(6) Council President Pro Tem Lee-present
(7) Councilmember Campillo-not 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 Dorsett, William J. v. City of San Diego
United States District Court Case No. 24cv1172 BTM (SBC) Risk Management Department Claim File No. 35319
REFERRED TO CLOSED SESSION OF MONDAY, FEBRUARY 23, 2026 DCA Assigned: M. Arambula
This case arises from a disorderly conduct citation issued to Plaintiff on June 25, 2023.
Plaintiff alleges San Diego Municipal Code section 56.27 is unconstitutional and that his First Amendment rights were violated. 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: 10:07 AM
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, February 23, 2026
Public testimony by Joy Sunyata.
Council President LaCava closed the hearing.
CS-2 Jacob Triska v. City of San Diego
San Diego Superior Court Case No. 37-2024-00009822-CU-PO-CTL Risk Management Department Claim File No. 35327
REFERRED TO CLOSED SESSION OF MONDAY, FEBRUARY 23, 2026 DCA Assigned: A. B. Markowitz
This action arises from a fall while skateboarding in an alleyway between Beadnell Way and Chateau Drive on October 7, 2023, allegedly caused by cracks in the roadway. 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: 10:07 AM
Public testimony by Joy Sunyata.
Council President LaCava closed the hearing.
CS-3 Rodney Edelheit v. City of San Diego
San Diego Superior Court Case No. 37-2022-00016549-CU-PO-CTL Risk Management Department Claim File No. 28818
REFERRED TO CLOSED SESSION OF MONDAY, FEBRUARY 23, 2026 DCA Assigned: A. B. Markowitz
This action arises from a fall Plaintiff alleges occurred while riding a bicycle on Thomas Avenue, between Cass and Bayard Street on January 5, 2022, due to trenching in the roadway. 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: 10:07 AM
Public testimony by Joy Sunyata.
Council President LaCava closed the hearing.
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, February 23, 2026
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-4 Livable San Diego v. City of San Diego
San Diego Superior Court Case No.: 37-2023-00014623-CU-TT-CTLK Risk Management Department Claim File No. 32735
REFERRED TO CLOSED SESSION OF MONDAY, FEBRUARY 23, 2026 SDCA Assigned: J. Mickova Will
This case involves a California Environmental Quality Act (CEQA) challenge to the City’s adoption of an ordinance creating a new definition of a Sustainable Development Area in March 2023.
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: 10:07 AM
Public testimony by Joy Sunyata.
Council President LaCava closed the hearing.
Conference with Real Property Negotiator, pursuant to California Government Code Section 54956.8:
CS-5 Property: 7th & Market – 55,000 square foot site located downtown San Diego between 7th Avenue, 6th Avenue, Market Street and Island Avenue Agency Negotiator: Christina Bibler, Director, Economic Development Department Lucy Contreras, Deputy Director, Economic Development
Negotiating Parties: The Robert Green Company
Under Negotiation: Price and payment terms related to unsolicited offer for the potential redevelopment of the 7th & Market site located on the block bounded by 7th Avenue, 6th Avenue, Market Street and Island Avenue in Downtown San Diego.
REFERRED TO CLOSED SESSION OF MONDAY, FEBRUARY 23, 2026 SDCA Assigned: K. Malcolm
The Council will meet with its real property negotiators to provide instruction on potential price and terms of payment regarding the former Redevelopment Agency site located at 7th& Market in Downtown San Diego.
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, February 23, 2026
COUNCIL ACTION: Start Time: 10:07 AM
Public testimony by Joy Sunyata and Blair Beekman.
Council President LaCava closed the hearing.
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-6 Brietta Cooper v. City of San Diego
San Diego Superior Court Case No. 37-2023-00034308-CU-PA-CTL Risk Management Department Claim File No. 33851
REFERRED TO CLOSED SESSION OF MONDAY, FEBRUARY 23, 2026 DCA Assigned: A. M. Poplin
This case arises from a motorcycle crash allegedly caused by potholes at the intersection of Rancho Bernardo Road and Bernardo Center Drive on March 12, 2023. 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: 10:07 AM
Public testimony by Joy Sunyata.
Council President LaCava closed the hearing.
Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation, pursuant to California Government Code Section 54956.9(d)(4):
CS-7 Number of Cases: One
REFERRED TO CLOSED SESSION OF MONDAY, FEBRUARY 23, 2026 DCA: K. B. King
The City Attorney will discuss the potential to initiate litigation and seek direction.
COUNCIL ACTION: Start Time: 10:07 AM
Public testimony by Andrea Ebbing.
Council President LaCava closed the hearing.
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, February 23, 2026
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1 (virtual):
Barbara Gordon commented on adolescent cannabis use linked to psychotic and bipolar disorder; and limiting marijuana advertising.
COUNCIL ACTION: Start Time: 3:50 PM
PUBLIC COMMENT-2 (virtual):
Kathleen Lippitt commented on City’s deficit; and the continuing support of the cannabis industry.
COUNCIL ACTION: Start Time: 3:52 PM
PUBLIC COMMENT-3 (virtual):
Brenda Caloca requested support for Assembly Bill 1795, Assembly Bill 1680, and Senate Bill 876.
COUNCIL ACTION: Start Time: 3:54 PM
PUBLIC COMMENT-4 (virtual):
Peggy Walker commented on marijuana legalization.
COUNCIL ACTION: Start Time: 3:58 PM
PUBLIC COMMENT-5 (virtual):
Consuelo commented on humanity.
COUNCIL ACTION: Start Time: 4:00 PM
PUBLIC COMMENT-6 (virtual):
Blair Beekman commented on changing virtual 5-minute rule; and future best practices.
COUNCIL ACTION: Start Time: 4:02 PM
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, February 23, 2026
PUBLIC COMMENT-7 (virtual):
Bob Kuczewski commented on delegating authority; and Torrey Pines Gliderport.
COUNCIL ACTION: Start Time: 4:04 PM
PUBLIC COMMENT-8 (virtual):
Becky Rapp commented on misinformation about marijuana.
COUNCIL ACTION: Start Time: 4:07 PM
PUBLIC COMMENT-9 (virtual):
Joy Sunyata commented on virtual 5-minute rule.
COUNCIL ACTION: Start Time: 4:09 PM
PUBLIC COMMENT-10 (virtual):
Terri-Ann Skelly commented on Start Smart Program; and marijuana impaired driving.
COUNCIL ACTION: Start Time: 4:11 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
None.
Item 200: Fiscal Year 2026 Mid-Year Budget Monitoring Report.
Total Estimated Cost of Proposed Action and Funding Source:
See Fiscal Year 2026 Mid-Year Budget Monitoring Report.
Council District(s) Affected: Citywide.
Proposed Actions:
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, February 23, 2026
(R-2026-316) ADOPTED AS RESOLUTION R-316635
Resolution amending appropriations in the Fiscal Year 2026 Budget in accordance with recommendations in the Fiscal Year 2026 Mid-Year Budget Monitoring Report.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on February 4, 2026.
ACTION: Motion by Chair Foster III, second by Council President Pro Tem Lee, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Foster III-yea, Lee-yea, Elo-Rivera-yea, Moreno-not present.
Department of Finance: Ambar Gutierrez, (619) 533-6297
City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 2:10 PM
MOTION BY HENRY L FOSTER III TO ADOPT. Second by Kent Lee.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert, Raul A. Campillo.
Item 201: Creation of an Annual Allocation for the Convention Center Modernization Projects and Approval of the FY26 Itemized Budget for the Convention Center Revenue Account Under Measure C.
Total Estimated Cost of Proposed Action and Funding Source:
Authorizes adding CIP A-BT.00009 (Convention Center Improvements) to the CIP; transferring $21,402,788 from Citywide Expenditures to this CIP in Fund 200824 to begin project work; approving the FY 2026 Convention Center Revenue Account budget per Municipal Code; and authorizing the Mayor or designee to execute a reimbursement agreement up to $10,000,000 for project purposes.
Council District(s) Affected: 3.
Proposed Actions:
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Monday, February 23, 2026
(R-2026-308) ADOPTED AS RESOLUTION R-316636
Resolution allocating Measure C funds for eligible San Diego Convention Center projects and approving an itemized budget for the Convention Center Revenue Account Under Measure C for Fiscal Year 2026 and related actions.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on January 29, 2026.
ACTION: Motion by Chair Whitburn, second by Committee Member Lee, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Whitburn-yea, Foster III-yea, von Wilpert-yea, Lee-yea.
Engineering & Capital Projects: Rania Amen, (619) 371-6723 City Attorney Contact: Melissa D. Ables
COUNCIL ACTION: Start Time: 3:15 PM
MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Jennifer Campbell.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert, Raul A. Campillo.
Item 202: Third Addendum to the Third Amended and Restated Management Agreement Between the City of San Diego and the San Diego Convention Center Corporation, Inc., and the Designation of Specific Future Convention Center Capital Improvement Projects as “Covered Projects” Under the Project Labor Agreement.
Total Estimated Cost of Proposed Action and Funding Source:
Authorizing the Chief Financial Officer to make any necessary transfers from Fund 200824 TOT Convention Center, to SDCCC, as necessary to allow SDCCC to carry out any budgeted CIP Projects if determined appropriate by the Mayor.
Council District(s) Affected: 3.
Proposed Actions:
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Monday, February 23, 2026
(R-2026-309) ADOPTED AS RESOLUTION R-316637
Resolution approving the Third Addendum to the Third Amended and Restated Management Agreement between the City of San Diego and the San Diego Convention Center Corporation, Inc., and the designation of certain Convention Center Capital Improvement Projects as Covered Projects under the City of San Diego's Project Labor Agreement.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on January 29, 2026.
ACTION: Motion by Chair Whitburn, second by Committee Member Lee, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Whitburn-yea, Foster III-yea, von Wilpert-yea, Lee-yea.
Engineering & Capital Projects: Rania Amen, (619) 371-6723 City Attorney Contact: Melissa D. Ables
COUNCIL ACTION: Start Time: 3:38 PM
MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Jennifer Campbell.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert, Raul A. Campillo.
NOTE: The following Public Notices were for public record only. These items did not require Council action or public testimony.
Item 250: Submission of Ballot Proposals for the June 2, 2026, Ballot.
City Council Policy 000-21 establishes a procedure for submittal of ballot proposals to the City Council, by members of the public, Councilmembers, the Mayor or mayoral departments, independent department directors or a public agency. Ballot proposals may be submitted to the Office of the City Clerk. The City Clerk shall then transmit them promptly to Rules Committee Consultant. The Office of the City Clerk has established the following calendar for the ballot proposals for the June 2, 2026, election. Please submit all proposals to [email protected].
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Monday, February 23, 2026
Date E- Event
Friday, 10/24/2025 221
LAST DATE (5:00 P.M. DEADLINE) for ballot proposals
submissions to the City Clerk for review by Committee.
Wednesday,11/05/2025 209
Committee Meeting Review may Begin
The Committee Consultant shall place the proposals
on the Committee meeting agenda for subsequent
review and comment by the Committee. The
Committee may approve or reject proposals submitted
for review. Ballot proposals may advance from initial
review and proceed to a second Committee review.
Only proposals approved or forwarded to the full
Council by the Committee may be acted upon by
Council.
Monday, 01/05/2026 148
FIRST DAY City Council may discuss ballot proposals
and adopt ordinances prepared by the City Attorney to
place measures on the ballot.
Friday, 03/06/2026 88
LAST DAY City Council may discuss measures and
adopt ordinances prepared by the City Attorney to
place measures on the ballot.
Monday, 03/09/2026 85
LAST DAY to submit the Fiscal Impact Analysis; Ballot
and Title Summary; and Impartial Analysis with City
Clerk.
Wednesday, 03/11/2026 83 LAST DAY to file ballot arguments with City Clerk.
Subscribe to receive City Council and Rules Committee agenda notifications. For additional public notices, visit https://www.sandiego.gov/city-clerk/officialdocs/public-notices. If you have questions, please contact the Office of the City Clerk at [email protected] or (619) 533- 4000. This does not include other processes, such as citizen initiatives, that can place a measure on a ballot.
Item 251: Submission of Ballot Proposals for the November 3, 2026, Ballot.
City Council Policy 000-21 establishes a procedure for submittal of ballot proposals to the City Council, by members of the public, Councilmembers, the Mayor or mayoral departments, independent department directors or a public agency. Ballot proposals may be submitted to the Office of the City Clerk. The City Clerk shall then transmit them promptly to Rules Committee Consultant. The Office of the City Clerk has established the following calendar for the ballot proposals for the November 3, 2026, election. Please submit all proposals to [email protected].
Date E- Event
Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Monday, February 23, 2026
Friday, 03/06/2026 242 LAST DATE (5:00 P.M. DEADLINE) for ballot proposals submissions to the City Clerk for review by Committee.
Wednesday,03/18/2026 230
Committee Meeting Review may Begin
The Committee Consultant shall place the proposals on the Committee meeting agenda for subsequent review and
comment by the Committee. The Committee may approve
or reject proposals submitted for review. Ballot proposals may advance from initial review and proceed to a second Committee review. Only proposals approved or forwarded
to the full Council by the Committee may be acted upon by Council.
Monday, 06/08/2026 148
FIRST DAY City Council may discuss ballot proposals and adopt ordinances prepared by the City Attorney to place measures on the ballot.
Friday, 08/07/2026 88
LAST DAY City Council may discuss measures and adopt
ordinances prepared by the City Attorney to place
measures on the ballot (per the adopted Legislative
Calendar the last regular meeting of the City Council prior to this date is July 14, 2026).
Monday, 08/10/2026 85
LAST DAY to submit the Fiscal Impact Analysis; Ballot and Title Summary; and Impartial Analysis with City Clerk.
Wednesday, 08/12/2026 83 LAST DAY to file ballot arguments with City Clerk.
Subscribe to receive City Council and Rules Committee agenda notifications. For additional public notices, visit https://www.sandiego.gov/city-clerk/officialdocs/public-notices. If you have questions, please contact the Office of the City Clerk at [email protected] or (619) 533- 4000. This does not include other processes, such as citizen initiatives, that can place a measure on a ballot.
Item 252: Examination Period of Election Materials.
Pursuant to San Diego Municipal Code Section 27.0402, ballot materials for the municipal primary election of June 2, 2026, for the City of San Diego, will be available for public examination for ten (10) calendar days immediately following the filing deadline for submission of ballot material in the Office of the City Clerk. During the examination period, any voter registered in the City may seek a writ of mandate or an injunction requiring any or all of the ballot or sample ballot materials be amended or deleted. Materials can be viewed online at sandiego.gov/2026elections or during business hours at the Office of the City Clerk, 202 C Street, San Diego, CA 92101.
Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Monday, February 23, 2026
The following public examinations periods have been determined:
Document Start date End date
Candidate Statement of Qualification and
Designation of Principal Profession, Vocation,
or Occupation (or Designation of Title) March 6, 2026 March 16, 2026 Ordinances calling the election and
Ordinances placing measures on the ballot* March 9, 2026 March 19, 2026 City Attorney’s impartial analysis,
ballot title and summary, and
Mayor/IBA/City Auditor’s fiscal
analysis
March 10, 2026 March 20, 2026
Ballot arguments March 12, 2026 March 22, 2026
*At the time of publishing, San Diego Municipal Code section 27.0403(a) states: “The examination period for ordinances calling any regularly scheduled municipal election and ordinances placing measures on the ballot commences eighty-five calendar days prior to the election and ends on the seventy-fifth calendar day prior to the election.” Ordinance 22028 amended this section to state: “The examination period for ordinances calling any regularly scheduled election commences the next calendar day after Council adopts the ordinance calling that election and ends ten calendar days thereafter.”
For additional information regarding this notice, please contact the Office of the City Clerk at [email protected] or (619) 533-4000.
Item S400: Hearing for Public Input on the Development of the Fiscal Year 2027 Budget.
Total Estimated Cost of Proposed Action and Funding Source:
None associated with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
ITEM PRESENTED
This item is informational only.
Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Monday, February 23, 2026
Committee Actions Taken: N/A
Council District 1: Brian Elliott, (619) 236-6611
COUNCIL ACTION: Start Time: 6:04 PM
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: 4:13 PM
ADJOURNMENT
The meeting was adjourned by Council President LaCava at 6:53 p.m.
COUNCIL ACTION: Start Time: 6:53 PM