THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, MARCH 3, 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 ..........................................................................................................................3 LAND ACKNOWLEDGEMENT .................................................................................................4 PLEDGE OF ALLEGIANCE......................................................................................................4 NON-AGENDA PUBLIC COMMENT .........................................................................................4
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................6 SPECIAL ORDERS OF BUSINESS ...........................................................................................6 Item 30: Senior Chief Deputy City Attorney Diana Adams Day.................................................6 Item 31: Soroptimist International of San Diego Day..............................................................7 Item 50: Authorization to Modify the Existing Software as a Service Agreement with Smart Energy Water (SEW) for the MyWaterSD Web Portal and Mobile Applications, as a Result of Sole Source 4210, for an Additional Five-Year Term and Reduction of Term Amount from $16,300,000 to $5,500,000 ..................................................................................................7 Item 60: Adoption of the 2025 California Building Standards Code & Associated Municipal Code Amendments.......................................................................................................................8 Item 100: Second Amendment to Agreement with Lozano Smith to Provide Continued Legal Services as Panel Outside Counsel.......................................................................................10 Item 101: FY 2026 Community Projects, Programs, and Services Funding Allocation from Council District 5 to the Rancho De Los Peñasquitos Town Council Inc. for Fiesta De Los Peñasquitos.......................................................................................................................11 Minutes of Monday, March 3, 2026 Page 2
Table of Contents (Continued)
Item 330: Performance Audit of the City’s Key Performance Indicators ..................................12 Item S500: Resolution Excusing Councilmember Marni von Wilpert from Certain City Council and Committee Meetings ..........................................................................................................12 Item S501: Consideration of an Empty Homes Tax Ballot Measure Proposal by Councilmember Sean Elo-Rivera .................................................................................................................13 REPORT OUT FROM CLOSED SESSION................................................................................15 ADJOURNMENT .................................................................................................................15 Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Monday, March 3, 2026
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President LaCava at 10:06 a.m. Councilmember von Wilpert arrived to the meeting at 10:08 a.m. Councilmember Foster arrived to the meeting at 10:10 a.m. Councilmember Elo-Rivera arrived to the meeting at 10:24 a.m. Councilmember Moreno left the meeting at 10:40 a.m. The meeting was recessed by Council President LaCava at 10:55 a.m. for the noon recess to be reconvened at 2:00 p.m.
The meeting was reconvened by Council President LaCava at 2:04 p.m. with Councilmember Foster, Councilmember von Wilpert, and Councilmember Campillo not present. Councilmember Foster arrived to the meeting at 2:07 p.m. Councilmember Campillo arrived to the meeting at 2:11 p.m. Councilmember von Wilpert arrived to the meeting at 2:12 p.m. The meeting was adjourned by Council President LaCava at 5:12 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 (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-not present
(6) Council President Pro Tem Lee-present
(7) Councilmember Campillo-present
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, March 3, 2026
(8) Councilmember Moreno-present
(9) Councilmember Elo-Rivera-not present
LAND ACKNOWLEDGEMENT
Statement read by Council President Pro Tem Lee.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council President Pro Tem Lee.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Jacob Edwards commented on city concerns.
COUNCIL ACTION: Start Time: 10:38 AM
PUBLIC COMMENT-2:
Blair Beekman commented on technology.
COUNCIL ACTION: Start Time: 10:40 AM
PUBLIC COMMENT-3 (virtual):
Joy Sunyata commented on water.
COUNCIL ACTION: Start Time: 10:43 AM
PUBLIC COMMENT-4 (virtual):
Peggy Walker commented on World Teen Mental Wellness Day; and intoxicating marijuana products.
COUNCIL ACTION: Start Time: 10:45 AM
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, March 3, 2026
PUBLIC COMMENT-5 (virtual):
Bob Kuczewski commented on Torrey Pines Gliderport.
COUNCIL ACTION: Start Time: 10:47 AM
PUBLIC COMMENT-6 (virtual):
Ernie Casco commented on Torrey Pines Gliderport.
COUNCIL ACTION: Start Time: 10:49 AM
PUBLIC COMMENT-7 (virtual):
Judi Strang commented on Assembly Bill 455.
COUNCIL ACTION: Start Time: 10:51 AM
PUBLIC COMMENT-8 (virtual):
Heckter commented on illegal aliens.
COUNCIL ACTION: Start Time: 10:53 AM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT COUNCIL COMMENT-1:
Councilmember Elo-Rivera addressed how the President launched an illegal war that is putting the lives of San Diegans, and the friends and families of San Diegans at risk. He expressed that he didn’t want to go on as if that’s not happening right now. Councilmember Elo-Rivera stated that we have already lost service members and there’s been a tremendous loss of life beyond that.
COUNCIL ACTION: Start Time: 10:36 AM
SPECIAL ORDERS OF BUSINESS
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, March 3, 2026
None.
NOTE: The following Proclamations were NOT presented in Council Chambers.
Item 30: Senior Chief Deputy City Attorney Diana Adams Day.
CITY ATTORNEY FERBERT AND COUNCILMEMBER VON WILPERT'S RECOMMENDATION:
APPROVED
Proclaiming March 3, 2026, to be “Senior Chief Deputy City Attorney Diana Adams Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:08 AM
MOTION BY STEPHEN WHITBURN TO APPROVE. Second by Marni von Wilpert.
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;
Nay: (None);
Recused: (None);
Not Present: Sean Elo-Rivera.
Item 31: Soroptimist International of San Diego Day.
COUNCILMEMBER WHITBURN'S RECOMMENDATION:
APPROVED
Proclaiming April 25, 2026, to be “Soroptimist International of San Diego Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:08 AM
MOTION BY STEPHEN WHITBURN TO APPROVE. Second by Marni von Wilpert.
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;
Nay: (None);
Recused: (None);
Not Present: Sean Elo-Rivera.
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, March 3, 2026
Item 50: Authorization to Modify the Existing Software as a Service Agreement with Smart Energy Water (SEW) for the MyWaterSD Web Portal and Mobile Applications, as a Result of Sole Source 4210, for an Additional Five-Year Term and Reduction of Term Amount from $16,300,000 to $5,500,000.
Total Estimated Cost of Proposed Action and Funding Source:
This modification decreases the not-to-exceed amount of the original as-needed agreement from $16,300,000 to a total of $5,500,000 over the additional five-year term which expires in April 2031. Approximately $2,000,000 has already been spent under the existing agreement, leaving $3,500,000 for FY 2026-2031. Expenditure of funds for as needed services is contingent upon sufficient funding being available in each participating City department's budget each fiscal year.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2026-95) INTRODUCED, TO BE ADOPTED TUESDAY, MARCH 17, 2026 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 1 to the Contract with Smart Energy Systems, Inc., dba Smart Energy Water, extending the contract through April 20, 2031, and reducing the not-to-exceed amount from $16,300,000 to $5,500,000, in connection with the MyWaterSD portal project. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on February 12, 2026.
ACTION: Motion by Committee Member LaCava, second by Chair Elo-Rivera, to recommend Council approval of staff’s proposed actions.
VOTE: 2-0; Elo-Rivera-yea, LaCava-yea, Campbell-not present.
Public Utilities: Dandelian Bagby, (619) 803-6882
City Attorney Contact: Justin Stanek
COUNCIL ACTION: Start Time: 10:24 AM
CONSENT MOTION BY MARNI VON WILPERT TO INTRODUCE. Second by Joe LaCava.
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, March 3, 2026
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 60: Adoption of the 2025 California Building Standards Code & Associated Municipal Code Amendments.
Total Estimated Cost of Proposed Action and Funding Source:
Administration of the Building, Electrical, Plumbing, and Mechanical, Residential Building, Green Building, Existing Building regulations and Wildland Urban Interface Regulations and the Fire Code for new construction, or for alterations to existing buildings, is based upon a fee for service paid for by applicants in the development process.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2026-325) ADOPTED AS RESOLUTION R-316655
Resolution determining that the adoption of the 2025 edition of the California Building Standards Code and local amendments to the San Diego Municipal Code are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3).
Subitem-B: (O-2026-94) INTRODUCED, TO BE ADOPTED TUESDAY, MARCH 17, 2026 Introduction of an Ordinance adopting the 2025 California Building Standards Code and local amendments to the San Diego Municipal Code.
Committee Actions Taken:
This item was heard at the Land Use and Housing Committee meeting on November 6, 2025.
ACTION: Motion by Committee Member Elo-Rivera, second by Chair Lee, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Lee-yea, Moreno-yea, Elo-Rivera-yea, Campillo-yea.
Development Services: Ali M Fattah, (619) 446-5092
City Attorney Contact: Noah Brazier
COUNCIL ACTION: Start Time: 10:24 AM
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, March 3, 2026
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT THE RESOLUTION IN SUBITEM A; AND INTRODUCE THE ORDINANCE IN SUBITEM B. Second by Joe LaCava.
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 100: Second Amendment to Agreement with Lozano Smith to Provide Continued Legal Services as Panel Outside Counsel.
Total Estimated Cost of Proposed Action and Funding Source:
The Second Amendment to the Agreement provides for an increase of $500,000 for a total contract amount not-to-exceed $1,500,000. Depending on the particular scope of work of an engagement, funding for this Agreement will come from the Public Liability Fund No. 720045, enterprise department funds, or the General Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2026-324 Cor. Copy) ADOPTED AS RESOLUTION R-316656
Resolution authorizing approval of a Second Amendment to the Agreement with Lozano Smith (Law Firm) to increase the total not-to-exceed amount to $1,500,000 from $1,000,000. The $500,000 increase is necessary to allow Law Firm to continue representing the City in employment litigation matters, including Arthur Scott v. City of San Diego, SDSC 37-2023- 00004287-CU-OE-CTL, and Arthur Scott v. City of San Diego et al, San Diego Superior Court Case No. 25CU023391C and to allow Law Firm to assist in other matters as may become necessary.
Committee Actions Taken: N/A
Office of the City Attorney: Jim McNeill, (619) 533-5860 COUNCIL ACTION: Start Time: 10:24 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, March 3, 2026
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 101: FY 2026 Community Projects, Programs, and Services Funding Allocation from Council District 5 to the Rancho De Los Peñasquitos Town Council Inc. for Fiesta De Los Peñasquitos.
Total Estimated Cost of Proposed Action and Funding Source:
This Agreement with the Rancho De Los Peñasquitos Town Council Inc., a nonprofit organization, for Fiesta De Los Peñasquitos, is for an amount not-to-exceed $5,000 in previously budgeted Fiscal Year 2026 Community Projects, Programs, and Services (CPPS) funds, pursuant to allocations by Council District 5.
Council District(s) Affected: 5.
Proposed Actions:
(R-2026-331) ADOPTED AS RESOLUTION R-316657
Resolution approving Fiscal Year 2026 Community Projects, Programs, and Services (CPPS) funding allocations, pursuant to Council Policy 100-06, recommended by Council District 5 to the Rancho De Los Peñasquitos Town Council Inc., a nonprofit organization, in an amount not-toexceed $5,000.
Committee Actions Taken: N/A
Council Administration: Malachi Bielecki, (619) 236-7709 City Attorney Contact: Alma Robbins
COUNCIL ACTION: Start Time: 10:24 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Joe LaCava.
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 11 for the Regular Meeting of Monday, March 3, 2026
Item 330: Performance Audit of the City’s Key Performance Indicators.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
ITEM PRESENTED
This is an information item.
Committee Actions Taken N/A
Office of the City Auditor: Nathan Otto, (619) 533-3018 COUNCIL ACTION: Start Time: 2:05 PM
Item S500: Resolution Excusing Councilmember Marni von Wilpert from Certain City Council and Committee Meetings.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2026-326) ADOPTED AS RESOLUTION R-316658
Resolution excusing Councilmember von Wilpert's absences from the following Council Meeting:
March 17, 2025; May 13, 2025; and September 9, 2025, and Councilmember von Wilpert's absence from the Select Committee on Addressing Cost of Living meeting held on October 30, 2025.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Council District 5: Justin Garver, (619) 236-6655
City Attorney Contact: David J. Karlin
COUNCIL ACTION: Start Time: 10:24 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Joe LaCava.
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Monday, March 3, 2026
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 S501: Consideration of an Empty Homes Tax Ballot Measure Proposal by Councilmember Sean Elo-Rivera.
Total Estimated Cost of Proposed Action and Funding Source:
There is a cost associated with placing ballot measures on the June 2026 ballot, which will be addressed when individual measures are considered by the full City Council. The City Clerk can advise the Council on this matter at the time the measures are considered by the full Council.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (O-2026-99) INTRODUCED AND ADOPTED AS ORDINANCE O-22071 (New Series) Introduction and adoption of an ordinance submitting to the qualified voters of the City of San Diego, at the Municipal Special Election, consolidated with the California State Primary Election to be held June 2, 2026, one measure amending the San Diego Municipal Code by amending Chapter 3, Article 2, by adding Division 1, sections 32.0101 through 32.0123, relating to an Empty Homes Tax.
Subitem-A: This item is not subject to the Mayor's veto.
Subitem-B: (R-2026-342 Rev.) ADOPTED AS RESOLUTION R-316659 Resolution directing the City Attorney to prepare a ballot title and summary and an impartial analysis; directing the Mayor, Independent Budget Analyst, and City Auditor to prepare a fiscal impact analysis; and assigning ballot arguments, all regarding one measure amending the San Diego Municipal Code by amending Chapter 3, Article 2, by adding Division 1, sections 32.0101 through 32.0123, relating to an Empty Homes Tax, to be submitted to the qualified voters of the City of San Diego, at the Municipal Special Election, consolidated with the California State Primary Election to be held June 2, 2026.
Subitem-B: This item is not subject to the Mayor's veto.
Committee Actions Taken:
This item was heard at the Special Rules Committee Meeting on February 25, 2026.
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Monday, March 3, 2026
ACTION: Motion by Councilmember Elo-Rivera, second by Council President Pro Tem Lee to recommend Council approval of staff's proposed actions with the following amendments:
Amend §32.0103 Definitions, under “Empty home exclusion period”:
Empty home exclusion period means the disaster period, family in residence period, homeowner period, lease period, legacy owner hardship period, non-ownership period, owner death period, owner in care period, newly built housing period, or qualifying military service period.
Add the following definition in §32.0103: Newly built housing period means the period during which a builder’s newly constructed residential unit remains vacant while being actively offered for sale, provided that such period shall not exceed two years from the date that the residential unit was first issued a certificate of occupancy.
VOTE: 5-0; LaCava-yea, Lee-yea, Campillo-yea, Moreno-yea, Elo-Rivera-yea.
Council District 9: Maya Rosas, 619-236-6699
City Attorney Contact: David Powell
COUNCIL ACTION: Start Time: 2:53 PM
MOTION BY SEAN ELO-RIVERA TO INTRODUCE, DISPENSE WITH THE READING, AND ADOPT THE ORDINANCE IN SUBITEM A; AND ADOPT THE RESOLUTION IN SUBITEM B ASSIGNING
COUNCILMEMBER ELO-RIVERA TO SIGN AND FILE A WRITTEN BALLOT ARGUMENT IN FAVOR OF THE BALLOT MEASURE FOR INCLUSION IN THE VOTER PAMPHLET. Second by Kent Lee.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: Raul A. Campillo;
Recused: (None);
Not Present: (None).
REPORT OUT FROM CLOSED SESSION
None.
ADJOURNMENT
The meeting was adjourned by Council President LaCava at 5:12 p.m.
COUNCIL ACTION: Start Time: 5:12 PM
Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Monday, March 3, 2026