THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, SEPTEMBER 11, 2023
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..............................................................................................................................2 ATTENDANCE DURING THE MEETING.....................................................................................................................2 ROLL CALL...........................................................................................................................................................................2 INVOCATION......................................................................................................................................................................3 PLEDGE OF ALLEGIANCE ...............................................................................................................................................3 CLOSED SESSION .............................................................................................................................................................3 NON-AGENDA PUBLIC COMMENT...........................................................................................................................6 MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT 7 Item 200: Alexandria Science Village - Project No. 647676............................................................................8 Item 250: Ballot Measure Calendar........................................................................................................................10 Item 251: Approval of the Final Map “Epoca- Phase2”..................................................................................11 Item 252: Ballot Propositions Forwarded for 2nd Committee Review.....................................................11 REPORT OUT FROM CLOSED SESSION.................................................................................................................12 ADJOURNMENT .............................................................................................................................................................13 Minutes of the Council of the City of San Diego Page 2
for the Regular Meeting of Monday, September 11, 2023
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Pro Tem Montgomery Steppe at 10:02 a.m. The meeting was recessed by Council President Pro Tem Montgomery Steppe at 10:18 a.m. into Closed Session, to be reconvened at 2:00 p.m.
The meeting was reconvened by Council President Pro Tem Montgomery Steppe at 2:00 p.m. with Council President Elo-Rivera not present. The meeting was adjourned by Council President Pro Tem Montgomery Steppe at 3:24 p.m.
ATTENDANCE DURING THE MEETING
PRESENT:
CD-1 Councilmember Joe LaCava
CD-2 Councilmember Jennifer Campbell
CD-3 Councilmember Stephen Whitburn
CD-4 Council President Pro Tem Monica Montgomery Steppe CD-5 Councilmember Marni von Wilpert
CD-6 Councilmember Kent Lee
CD-7 Councilmember Raul A. Campillo
CD-8 Councilmember Vivian Moreno
ABSENT:
CD-9 Council President Sean Elo-Rivera (Excused by Resolution R-315090, due to family leave) CITY CLERK:
Fuentes (mrh)
ROLL CALL
(1) Councilmember LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-present
(4) Council President Pro Tem Montgomery Steppe-present (5) Councilmember von Wilpert-present
(6) Councilmember Lee-present
(7) Councilmember Campillo-present
Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Monday, September 11, 2023
(8) Councilmember Moreno-present
(9) Council President Elo-Rivera-not present
INVOCATION
The invocation was given by City Clerk Diana J.S. Fuentes.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember LaCava.
CLOSED SESSION
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-1 Juli Hughes v. City of San Diego
San Diego Superior Court Case No. 37-2021-00018706-CU-PO-CTL Risk Management Department Claim File No. 25707
REFERRED TO CLOSED SESSION OF MONDAY, SEPTEMBER 11, 2023 DCA Assigned: M. T. Neff
This case involves a trip and fall in a crosswalk at University Avenue and Highland Avenue, 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: 10:05 AM
Council President Pro Tem Montgomery Steppe closed the hearing.
CS-2 Felix Gutierrez Perez v. City of San Diego
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, September 11, 2023
United States District Court Case No. 22-cv-0712-BEN-DDL Risk Management Department Claim File No. 26195
REFERRED TO CLOSED SESSION OF MONDAY, SEPTEMBER 11, 2023 DCA Assigned: B. B. McGregor
This case arises from a police service dog bite of an unintended target during a search for a felony domestic violence suspect, resulting in injuries. 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: 10:05 AM
Public testimony by Blair Beekman, Audra, and Dan Smiechowski.
Council President Pro Tem Montgomery Steppe closed the hearing.
CS-3 Deovante Guy, by and through his Guardian Ad Litem, Quintasia Walker v. Matthew Lorenzen, et al.
United States District Court Case No. 3:20-cv-2027 BAS-BLM Risk Management Department Claim File No. 21799
REFERRED TO CLOSED SESSION OF MONDAY, SEPTEMBER 11, 2023 CDCA Assigned: J. J. McQuarrie
Outside Counsel: T. Hurrell and J. Miller of Hurrell & Cantrall, LLP This is a catastrophic injury case in which Plaintiff alleges his Constitutional rights were violated when he and a San Diego Police Department officer were struck by a vehicle following a foot pursuit. 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: 10:05 AM
Council President Pro Tem Montgomery Steppe closed the hearing.
CS-4 Rosa Calva-Garcia v. City of San Diego
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, September 11, 2023
United States District Court Case No. 22cv01478-MMA-SBC Risk Management Department Claim File No. 25062
REFERRED TO CLOSED SESSION OF MONDAY, SEPTEMBER 11, 2023 DCA Assigned: G. D. Leasure
This case arises out of an officer involved shooting and police service dog bite that occurred on May 23, 2020, in downtown San Diego. The City Attorney’s Office will update the Mayor and the City Council and seek direction.
COUNCIL ACTION: Start Time: 10:05 AM
Public testimony by Blair Beekman, Audra, and Dan Smiechowski.
Council President Pro Tem Montgomery Steppe closed the hearing.
CS-5 Celerina Frilles and Matt Frilles v. City of San Diego San Diego Superior Court Case No. 37-2020-00015947-CU-CR-CTL Risk Management Department Claim File No. 22724
REFERRED TO CLOSED SESSION OF MONDAY, SEPTEMBER 11, 2023 DCA Assigned: P. H. James
This case involves personal injury and disability access claims asserted by Plaintiffs Celerina and Matt Frilles arising from a vehicle-pedestrian collision that occurred on December 24, 2018. 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: 10:05 AM
Council President Pro Tem Montgomery Steppe closed the hearing.
CS-6 Arthur Price, et al. v. City of San Diego
San Diego Superior Court Case No. 37-2020-00019535-CU-MC-CTL Risk Management Department Claim File No. 25201
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, September 11, 2023
REFERRED TO CLOSED SESSION OF MONDAY, SEPTEMBER 11, 2023 DCA Assigned: E. L. Atkins
This case arises from a disability discrimination lawsuit brought against the City of 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: 10:05 AM
Council President Pro Tem Montgomery Steppe closed the hearing.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Bob Kuczewski commented on Torrey Pines Gliderport.
COUNCIL ACTION: Start Time: 3:04 PM
PUBLIC COMMENT-2:
US Supreme Court Case #S271848 commented on Amendment I.
COUNCIL ACTION: Start Time: 3:07 PM
PUBLIC COMMENT-3 (virtual):
Terri-Ann Skelly commented on addiction of flavored tobacco on students.
COUNCIL ACTION: Start Time: 3:09 PM
PUBLIC COMMENT-4 (virtual):
Becky Rapp commented on the harm of marijuana use.
COUNCIL ACTION: Start Time: 3:10 PM
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, September 11, 2023
PUBLIC COMMENT-5 (virtual):
Dan Smiechowski commented on the brand.
COUNCIL ACTION: Start Time: 3:12 PM
PUBLIC COMMENT-6 (virtual):
Kathleen Lippitt commented on the harms of high THC marijuana.
COUNCIL ACTION: Start Time: 3:15 PM
PUBLIC COMMENT-7 (virtual):
Blair Beekman commented on smart streetlights.
COUNCIL ACTION: Start Time: 3:17 PM
PUBLIC COMMENT-8 (virtual):
Barbara Gordon commented on marijuana development.
COUNCIL ACTION: Start Time: 3:19 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT None.
Item 200: Alexandria Science Village - Project No. 647676.
Total Estimated Cost of Proposed Action and Funding Source:
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, September 11, 2023
None with this action. All costs related to processing this project are covered by a deposit account maintained by the applicant.
Council District(s) Affected: 6.
Proposed Actions:
General Plan Amendment, University Community Plan Amendment, Nexus Technology Centre Specific Plan Amendment, Planned Development Permit, and Rezone to demolish three existing scientific research buildings, and construct two new four-story scientific research and development buildings totaling 369,878 square feet with associated accessory uses and a 419,814 square-foot three-level subterranean parking garage with 938 parking spaces. The project site is proposed to be rezoned from the RS-1-14 (Residential-Single Unit) Zone to the EMX-2 (Employment Mixed-Use) Zone. Amendments to the General Plan, University Community Plan and Nexus Technology Centre Specific Plan are proposed to allow additional development intensity rights for the project site and commercial uses to serve the proposed development and surrounding uses. The project also proposes to rescind Planned Industrial Development Permit No. 86-0459. The 3.97-acre project site is located at 9363, 9373 and 9393 Towne Centre Drive in the University Community Plan area.
Subitem-A: (R-2024-66) ADOPTED AS RESOLUTION R-315099
Resolution adopting Tiered Mitigated Negative Declaration No. 647676/SCH No. 2019060003 to Program Environmental Impact Report SCH No. 2019060003, and adopting the Mitigation, Monitoring, and Reporting Program.
Subitem-A is not subject to the Mayor's veto.
Subitem-B: (R-2024-65) ADOPTED AS RESOLUTION R-315100
Resolution adopting amendments to the General Plan, University Community Plan, and Nexus Technology Centre Specific Plan.
Subitem-B is not subject to the Mayor's veto.
Subitem-C: (R-2024-64) ADOPTED AS RESOLUTION R-315101
Resolution approving Planned Development Permit No. 2342720 and rescinding Planned Industrial Development Permit No. 86-0459.
Subitem-C is not subject to the Mayor's veto.
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, September 11, 2023
Subitem-D: (O-2024-11) INTRODUCED, TO BE ADOPTED TUESDAY, SEPTEMBER 26, 2023 Introduction of an Ordinance changing 3.97 acres located within the University Community Plan area from the RS-1-14 (Residential-Single Unit) zone into the EMX-2 (Employment Mixed-Use) zone.
Subitem-D is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Development Services: Benjamin Hafertepe, (619) 446-5086 City Attorney Contact: Lindsey H. Sebastian
COUNCIL ACTION: Start Time: 2:02 PM
Public testimony by Chris Clement, Chris Nielsen, Victor Diaz, Ansermio Estrada, Jeremy Abrams, Cori Schumacher, Jorge Viramontes, Chris Allen, Jesse Garcia, Carol Kim, Alexandros Mikrakis, Serena Pelka, Dan Smiechowski, and Aidan Marshall.
MOTION BY KENT LEE TO ADOPT THE RESOLUTIONS IN SUBITEM A, SUBITEM B, AND SUBITEM C; AND INTRODUCE THE ORDINANCE IN SUBITEM D. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno;
Nay: (None);
Recused: (None);
Not Present: Sean Elo-Rivera.
NOTE: The following Public Notices were for public record only. These items did not require Council action or public testimony.
Item 250: Ballot Measure Calendar.
SUBMISSION OF BALLOT PROPOSALS FOR THE MARCH 5, 2024, BALLOT City Council Policy 000-21 establishes a procedure for submittal of ballot proposals, other processes -including citizen initiatives- may come before the City Council for consideration at other times. The Council Policy states that members of the public, Councilmembers, the Mayor or mayoral departments, independent department directors, or a public agency shall submit Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, September 11, 2023
proposals to the City Clerk, who shall then transmit them promptly to Committee for review and comment. Please submit all proposals to [email protected]. The City Clerk’s Office has established the following calendar for the March 5, 2024, election.
DATE
DAYS
BEFORE
ELECTION EVENT
Monday, 07/17/2023 232
LAST DATE (5:00 p.m.) for public,
departments and agencies to submit ballot
proposals to City Clerk for review by
Committee
Wednesday, 07/26/2023 223
Initial Committee review
Measures that advance from initial review
proceed to a second Committee review,
where the Committee will decide if they will
be presented to the full Council for
consideration
Wednesday, 09/06/2023 181
Measures that advance from initial review
proceed to a second Committee review,
where the Committee will decide if they will
be presented to the full Council for
consideration
Monday, 09/11/2023 176
First Day Council discusses measures and
adopts ordinances by City Attorney to place
measures on the ballot
Friday, 12/08/2023 88
Last Day Council discusses measures and
adopts ordinances by City Attorney to place
measures on the ballot
Monday, 12/11/2023 85
Last day to submit the Fiscal Impact
Analysis; Ballot and Title Summary; and
Impartial Analysis with City Clerk
Wednesday, 12/13/2023 83 Last day to file ballot arguments with City Clerk
Please check posted agendas for additional information. If you have questions, please contact the Office of the City Clerk at (619) 533-4000 or via e-mail at [email protected].
Item 251: Approval of the Final Map “Epoca- Phase2”.
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Monday, September 11, 2023
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 “Epoca- Phase2" (T.M. No. 1972222, PRJ No. 1048666) located west of Cactus Road, north of Siempre Viva Road and bisected by Airway Road, in the RM-2-5, OR-1-2, CC-3-6 and AR-1-1 zones, in the Central Village Specific Plan (CVSP), within the Otay Mesa Community Plan (OMCP), 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.
Item 252: Ballot Propositions Forwarded for 2nd Committee Review.
The following ballot propositions have been referred from the Rules Committee to a second hearing for consideration for placement on a future ballot as noted.
Proposal Target Ballot
Amendments to City Charter Regarding Redistricting March 5, 2024 Amendments to City Charter Regarding the Offices of the City Attorney and Municipal Counsel
November 5, 2024
The following ballot propositions have been referred to a second hearing at the Environment Committee for consideration for placement on a future ballot, as noted.
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Monday, September 11, 2023
Proposal Target Ballot
Formation of Non-Profit Electric Utility March 5, 2024
REPORT OUT FROM CLOSED SESSION
None.
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Monday, September 11, 2023
ADJOURNMENT
The meeting was adjourned by Council President Pro Tem Montgomery Steppe at 3:24 p.m. in honor of the memory of:
Those who died on 9/11 as requested by Council President Pro Tem Montgomery Steppe.
COUNCIL ACTION: Start Time: 3:22 PM