City Council to Go into Closed Session to Discuss Possible Appeal of Ruling on Midway Height Limit — Monday, Nov.17

The San Diego City Council will go into closed session next Monday, November 17 to discuss a possible appeal of the recent court ruling on the Midway District height limit.

In a memo from the office of council president Joe LeCava, dated Nov. 10, it announced that council would have a closed session on that date — a conference with legal counsel regarding current litigation, and the first case on the list is Save Our Access v. City of San Diego. The agenda item was described this way:

This item involves litigation related to Measure C, a November 2022 ballot measure to exclude the Midway-Pacific Highway Community Plan Area from the Costal [sic] Zone’s 30-foot height limit. Save Our Access seeks to invalidate Measure C due to an alleged failure to comply with the California Environmental Quality Act (CEQA). The City Attorney’s Office will update the Mayor and City Council on the status of litigation and seek direction.

Here is the first part of LaCava’s memo:

The regularly scheduled City Council meeting of Monday, November 17, 2025, at 10:00am, is adjourned. The City Council will instead convene for a Special City Council Meeting and Special Closed Session on Monday, November 17, 2025, at 9:00am.

The City Council will first convene in open session to hear the following:

Non-agenda public comment
Public comment on Closed Session items

Upon the conclusion of public comment, the City Council will adjourn and reconvene in Closed Session. The matters for discussion during Special Closed Session are the following:

CONSENT ITEMS

Staff presentations on Consent items will be waived unless a request is made by any Councilmember for a specific item to be heard during the Discussion portion of the Closed Session agenda. Requests may be made by notifying the Mayor or presiding officer.

Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code section 54956.9(d)(1):

SCS-1 Save Our Access v. City of San Diego

San Diego Superior Court Case No. 37-2022-00035094-CU-TT-CTL
Court of Appeal Case No. D084132
Risk Management Department Claim File No. 30716
SDCA Assigned: B. P. Syz

[Description as above]

[Remainder of litigation list]

A former lawyer and current grassroots activist, I have been editing the Rag since Patty Jones and I launched it in Oct 2007. Way back during the Dinosaurs in 1970, I founded the original Ocean Beach People’s Rag - OB’s famous underground newspaper -, and then later during the early Eighties, published The Whole Damn Pie Shop, a progressive alternative to the Reader.

2 thoughts on “City Council to Go into Closed Session to Discuss Possible Appeal of Ruling on Midway Height Limit — Monday, Nov.17

  1. Tell the city council how you feel about Mayor Gloria’s criticism of the court order that effectively reinstates the 30-foot height limit in the Midway-Pacific Hwy area, requires the city to perform a comprehensive environmental study, and put the height limit issue back on the ballot.
    The Mayor and City Attorney want the City Council to approve an appeal to the state Supreme Court, in hopes of overturning that order and allowing high-rise, high density construction throughout thev more than 1300 acres in that area.
    Whether you support or oppose the lower court’s order, please tell council members you expect them to reveal how and why they voted on this issue in Monday’s Closed Session meeting, assuming action is taken.
    The council is required to announce the vote in public after their Closed Session meeting, but we also deserve to know why they voted the way they did.
    You can speak in person on the issue at 9 AM Monday at the City Council chambers at 202 C St. 12th floor. You can also call in your comment.
    Details here: https://sandiego.hylandcloud.com/211agendaonlinecouncil/Meetings/ViewMeeting?id=6767&doctype=1&site=council

    1. The Owner of The French Cafe was inadvertently short-sighted when he sold the land to developers but expected customers to continue to be loyal.
      I’m familiar with a true story of a dance studio owner who laid off all of his dance instructors at one time by email. Dancers heard about it & all of them refused after that to patronize his studio. The owner went broke & had to close his once thriving business. That’s karma!
      I’ve made a few honest political errors in recent times but plan to be much more careful from here on in .
      The owner of the French Gourmet, unfortunately, deserves what he gets!

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