THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, DECEMBER 4, 2023
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 INVOCATION.......................................................................................................................4 PLEDGE OF ALLEGIANCE......................................................................................................4 CLOSED SESSION................................................................................................................4 NON-AGENDA PUBLIC COMMENT .........................................................................................9
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ........................................................................................................................................11 Item 200: This item was removed from the Agenda ............................................................12 Item 201: Selection of a Council President..........................................................................13 Item 202: Third Amendment to Disposition and Development Agreement with SDEEC LLC for the San Diego Energy Equity Campus at the Valencia Business Park (5515-5565 Stevens Way) ........................................................................................................................................13 Item 203: Authorize Option to Agreement with San Diego Tijuana World Design Capital 2024 for Additional Services Related to the Planning and Implementation of World Design Capital 2024 .................................................................................................................................14 Item 204: Agreement Regarding Satisfaction and Release of Purchase Agreement Obligations by and Among the City of San Diego, a Municipal Corporation (“City”); MGSD, Inc., OK Trade, LLC, 4th & Beech Partners, LLC, and DBELS Family LP (Collectively, “Sellers”); and Elizabeth Ann Dabby, in Her Individual Capacity and as Trustee of The Dabby Trust A, a Sub-Trust of the Danny and Elizabeth Ann Dabby Living Trust Dated 4/4/2000, Joseph S. O’Keefe and Aura A.
O’Keefe, in Their Individual Capacities and as Co-Trustees of the O’Keefe Family Trust, and Eric H. Fletcher and Beatrice A. Fletcher, in Their Individual Capacities and as Co-Trustees of the Minutes of Monday, December 4, 2023 Page 2
Table of Contents (Continued)
Fletcher Family Trust (Collectively, “Guarantors”) Associated with Real Property Previously Acquired by the City and Commonly Identified as 1440-1450 Fourth Avenue (APNs 533-442-04, and 05) in the Cortez Hill Neighborhood of the Downtown Community Plan Area....................15 Item 205: Columbia Tower – Approval of Agreement of Purchase and Sale and Escrow Instructions, Declaration of Property as Exempt Surplus Land in Accordance With California Government Code Sections 54220-54234, and Waiver of Requirement in Council Policy 700- 10 – 904 State Street (APN 533-538-04) Columbia Neighborhood of the Downtown Community Plan Area (PUBLIC HEARING) .............................................................................................16 Item 250: Ballot Measure Calendar.....................................................................................18 Item 251: Public Notice Examination of Ballot Materials – March 5, 2024, Primary .................19 Item 252: Approval of the Final Map “Lumina III” ...............................................................20 Item 253: Approval of the Final Map “Paseo Montril” ...........................................................21 Item S400: Discussion of Standing Council Committee Assignments and Appointment of Councilmembers to the Audit Committee for Calendar Year 2024...........................................22 REPORT OUT FROM CLOSED SESSION................................................................................22 ADJOURNMENT .................................................................................................................22 Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Monday, December 4, 2023
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:02 a.m. The meeting was recessed by Council President Elo-Rivera at 10:20 a.m. into Closed Session, to be reconvened at 2:00 p.m.
The meeting was reconvened by Council President Elo-Rivera at 2:03 p.m. with all Councilmembers present. The meeting was adjourned by Council President Elo-Rivera at 4:35 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
CD-9 Council President Sean Elo-Rivera
ABSENT:
None.
CITY CLERK:
Fuentes (cp)
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-not present
(6) Councilmember Lee-present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-present
(9) Council President Elo-Rivera-present
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, December 4, 2023
INVOCATION
The invocation was given by City Clerk Diana J.S. Fuentes.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Campillo.
SPECIAL CLOSED SESSION
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-1 HCA Penthouse Apartments LP v. City of San Diego
San Diego Superior Court Case No. 37-2022-00030433-CU-EI-CTL Risk Management Department Claim File No. 26524
REFERRED TO CLOSED SESSION OF MONDAY, DECEMBER 4, 2023
DCA Assigned: S. A. Wigdor-Roberts
This case arises from alleged property damage to an apartment complex following a stormwater pipe failure near 6560 Montezuma Road, 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 Audra.
Council President Elo-Rivera closed the hearing.
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, December 4, 2023
CS-2 Reyna Sanchez v. City of San Diego
San Diego Superior Court Case No. 37-2021-00035596-CU-PO-CTL Risk Management Department Claim File No. 26165
REFERRED TO CLOSED SESSION OF MONDAY, DECEMBER 4, 2023
DCA Assigned: K. R. Yee
Plaintiff alleges she sustained injuries as a result of trip and fall on a City sidewalk located on La Cuenta Drive near 10817 Lamentin Court. 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 Lori Saldaña and Audra.
Council President Elo-Rivera closed the hearing.
Conference with Labor Negotiators, pursuant to California Government Code Section 54957.6:
CS-3 City Designated Management Team Representatives:
Timothy Davis, Burke, Williams, & Sorensen LLP, Labor Negotiation Consultant Mark Wilson, Burke, Williams, & Sorensen LLP, Labor Negotiation Consultant Eric K. Dargan, Chief Operating Officer
Matthew Vespi, Chief Financial Officer
Kris McFadden, Deputy Chief Operating Officer
Kristina Peralta, Deputy Chief Operating Officer
Casey Smith, Deputy Chief Operating Officer
Jessica Lawrence, Director of Policy, Office of the Mayor Julie Rasco, Director, Human Resources Department
Abby Jarl-Veltz, Assistant Director, Human Resources Department Jeremy Culuko, Deputy Director, Human Resources Department Jonnabelle Domingo, Supervising Human Resources Officer, Human Resources Department Dan Mottola, Supervising Human Resources Officer, Human Resources Department Erik Hanson, Senior Human Resources Officer, Human Resources Department Manuel Quintero, Senior Human Resources Officer, Human Resources Department Abegaile Serafico, Senior Human Resources Officer, Human Resources Department Jennifer Manos, Senior Human Resources Officer, Human Resources Department Kawanda McLendon, Senior Human Resources Officer, Human Resources Department Walter Castillo, Senior Human Resources Officer, Human Resources Department Sophia Williams, Senior Human Resources Officer, Human Resources Department Linda Chambers, Senior Human Resources Officer, Human Resources Department Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, December 4, 2023
Scott Harris, Program Coordinator, Human Resources Department Brian Mallard, Program Coordinator, Human Resources Department Angela Colton, Director, Risk Management Department
Quennelle Allen, Deputy Director, Risk Management Department Carly Danney, Benefits Manager, Risk Management Department Rolando Charvel, Department of Finance Director and City Comptroller Benjamin Battaglia, Assistant Director, Department of Finance Jeffrey Peelle, Assistant Director, Department of Finance Chris Purcell, Financial Operations Manager, Department of Finance Sally Rubi, Financial Operations Manager, Department of Finance Luis Mateos, Payroll Manager, Department of Finance
Nicholas O’Donnell, Principal Accountant, Department of Finance Virgilio Afan Jr., Program Coordinator, Department of Finance Colin Stowell, Fire Chief, Fire-Rescue Department
David Gerboth, Assistant Fire Chief Fire-Rescue Department John Wood, Assistant Fire Chief, Fire-Rescue Department James Gartland, Lifeguard Chief Fire-Rescue Department
Robert Logan, Deputy Fire Chief'. Fire-Rescue Department David Nisleit, Police Chief, Police Department
Chris Mcgrath, Executive Assistant Chief, Police Department Terence Charlot, Assistant Police Chief, Police Department Jim McNeill, Assistant City Attorney, Office of the City Attorney M. Travis Phelps, Assistant City Attorney, Office of the City Attorney, solely for negotiations with the Deputy City Attorneys Association
Jean Jordan, Assistant City Attorney, Office of the City Attorney, solely for negotiations with the Deputy City Attorneys Association
Jonathan Ferreras, Program Coordinator, Office of the City Attorney, solely for negotiations with the Deputy City Attorneys Association
Following Management Team representatives to execute tentative agreements and memoranda of understanding reached in meet and confer, and to present all tentative agreements and memoranda of understanding reached in meet and confer to the Council for final determination and approval by the Council as to policy and the City Attorney as to form or correctness:
Timothy Davis, Burke, Williams, & Sorensen LLP, Labor Negotiation Consultant Mark Wilson, Burke, Williams, & Sorensen LLP, Labor Negotiation Consultant Eric K. Dargan, Chief Operating Officer
Matthew Vespi, Chief Financial Officer
Alia Khouri, Deputy Chief Operating Officer
Julie Rasco, Director, Human Resources Department
Abby Jarl-Veltz, Assistant Director, Human Resources Department Jonnabelle Domingo, Supervising Human Resources Officer, Human Resources Department Designated as representatives within the meaning of California Government Code Section 54957.6(a):
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, December 4, 2023
Charles Modica, Independent Budget Analyst, Office of the Independent Budget Analyst Jillian Andolina, Deputy Director, Office of the Independent Budget Analyst Lisa Byrne, Fiscal and Policy Analyst, Office of the Independent Budget Analyst Baku Patel, Fiscal and Policy Analyst, Office of the Independent Budget Analyst, solely for negotiations with the San Diego City Firefighters, I.A.F.F., Local 145, and California Teamsters Local 911
Designated as representatives within the meaning of California Government Code Section 54957.6(a):
Jim McNeill, Assistant City Attorney, Office of the City Attorney Jean Jordan, Assistant City Attorney, Office of the City Attorney Leslie Fitzgerald, Assistant City Attorney, Office of the City Attorney Kristin Zlotnik, Chief Deputy City Attorney, Office of the City Attorney Joan Dawson, Senior Deputy City Attorney, Office of the City Attorney Alison Adema, Senior Deputy City Attorney, Office of the City Attorney Thomas Brady, Deputy City Attorney, Office of the City Attorney Miguel Merrell, Deputy City Attorney, Office of the City Attorney Employee organizations:
American Federation of State, County and Municipal Employees, Local 127 (AFSCME Local 127) Deputy City Attorneys Association (DCAA)
San Diego City Firefighters, International Association of Fire Fighters (I.A.F.F.), Local 145 San Diego Municipal Employees’ Association (MEA)
San Diego Police Officers Association (SDPOA)
Teamsters, Local 911 (Teamsters)
REFERRED TO CLOSED SESSION OF MONDAY, DECEMBER 4, 2023
ACA Assigned: J. McNeill
The purpose of this Closed Session meeting is to provide an update regarding the Fiscal Year 2025 Contract Negotiations with the San Diego City Firefighters, I.A.F.F. Local 145 (Local 145); California Teamsters Local 911 (Local 911); and San Diego Police Officers Association (POA).
COUNCIL ACTION: Start Time: 10:04 AM
Public testimony by Joy Sunyata and Audra.
Council President Elo-Rivera closed the hearing.
Public Employee Appointment Pursuant to California Government Code Section 54957:
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, December 4, 2023
CS-4 Interim Executive Director, Commission on Police Practices REFERRED TO CLOSED SESSION OF MONDAY, DECEMBER 4, 2023
DCA Assigned: Joan F. Dawson
The purpose of this Closed Session is to allow the City Council to discuss and deliberate on the appointment of an interim executive director for the Commission on Police Practices, under San Diego City Charter section 41.2.
COUNCIL ACTION: Start Time: 10:04 AM
Public testimony by Lori Saldaña and Audra.
Council President Elo-Rivera closed the hearing.
Conference with Real Property Negotiator, pursuant to California Government Code Section 54956.8:
CS-5 Property: Approximately 48.5-acre Sports Arena site, located at 3500, 3250, 3220, and 3240 Sports Arena Boulevard in the Midway-Pacific Highway Community REFERRED TO CLOSED SESSION OF MONDAY, DECEMBER 4, 2023
Agency negotiators: Casey Smith, Christina Bibler, Jessica Lawrence Negotiating Parties: City of San Diego and Midway Rising, LLC Under negotiation: Price and payment terms for a purchase and sale or lease agreement.
The Council will meet with the City’s negotiating team regarding the price and payment terms for the City’s potential sale or lease of the approximately 48.5-acre Sports Arena site, located at 3500, 3250, 3220 and 3240 Sports Arena Boulevard in the Midway-Pacific Highway Community, to Midway Rising, LLC. The City and Midway Rising, LLC, entered an exclusive negotiation agreement on December 5, 2022.
COUNCIL ACTION: Start Time: 10:04 AM
Public testimony by Lori Saldaña and Audra.
Council President Elo-Rivera closed the hearing.
NON-AGENDA PUBLIC COMMENT
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, December 4, 2023
PUBLIC COMMENT-1:
U.S. Supreme Court Case #S271848 No. 21-7947 commented on 14th Amendment, Section I.
COUNCIL ACTION: Start Time: 4:15 PM
PUBLIC COMMENT-2:
Joy Sunyata commented on new year 2024 suggestions.
COUNCIL ACTION: Start Time: 4:18 PM
PUBLIC COMMENT-3 (virtual):
Blair Beekman commented on technological accountability.
COUNCIL ACTION: Start Time: 4:20 PM
PUBLIC COMMENT-4 (virtual):
Francine Maxwell commented on restorative circles on this Council.
COUNCIL ACTION: Start Time: 4:22 PM
PUBLIC COMMENT-5 (virtual):
Kathleen Lippitt commented on drug abuse.
COUNCIL ACTION: Start Time: 4:24 PM
PUBLIC COMMENT-6 (virtual):
Peggy Walker commented on marijuana effects.
COUNCIL ACTION: Start Time: 4:26 PM
PUBLIC COMMENT-7 (virtual):
Audra commented on Council President Pro Tem Montgomery Steppe joining the County Board.
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, December 4, 2023
COUNCIL ACTION: Start Time: 4:28PM
PUBLIC COMMENT-8 (virtual):
Truth commented on rodeo in San Diego; and lithium batteries.
COUNCIL ACTION: Start Time: 4:31 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT COUNCIL COMMENT-1:
Councilmember von Wilpert noted that December 1st commemorated World Aid’s Day. She reminded everyone that forty million have died of AIDS since its inception and thirty-nine million are living with HIV with two-thirds in the World Health Organization African region.
Councilmember von Wilpert stated we need to commit to finding a cure and hopefully by 2030 there will be a cure for AIDS.
COUNCIL ACTION: Start Time: 2:05 PM
COUNCIL COMMENT-2:
Council President Pro Tem Montgomery Steppe mentioned that today was her last day. She expressed being very humbled and grateful to have served in the City and given the name of the People’s Councilmember. Council President Pro Tem Montgomery Steppe affirmed we pushed the norms, challenged the status quo to reimagine public safety in the face of historical disinvestment, and we showed that our neighborhoods are vibrant and fully deserving of resources. She thanked everyone for putting up with her and understanding her passion and where it comes from. Council President Pro Tem Montgomery Steppe stated she looks forward to working with everyone and really try to help bridge the City-County in a way that hasn’t been done before.
COUNCIL ACTION: Start Time: 2:06 PM
COUNCIL COMMENT-3:
Councilmember Moreno expressed how honored it was to serve alongside Council President Pro Tem Montgomery Steppe. She expressed Council President Pro Tem Montogomery Steppe changed how this Council thinks about critical items like public safety, equity in our City budgeting, and representation of people of color and women in the workforce. Councilmember Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Monday, December 4, 2023
Moreno stated she will miss Council President Pro Tem Montgomery Steppe’s legislative approach and passion.
COUNCIL ACTION: Start Time: 2:08 PM
COUNCIL COMMENT-4:
Councilmember Whitburn echoed the same sentiment. He congratulated Council President Pro Tem Montgomery Steppe on a truly distinguished tenure on the City Council. Councilmember Whitburn stated that the City is a more equitable place today because of her. He looks forward to continuing to work together.
COUNCIL ACTION: Start Time: 2:10 PM
COUNCIL COMMENT-5:
Council President Elo-Rivera commented how he will miss Council President Pro Tem Montgomery Steppe. He thanked her for her professionalism and how she models what being a smart, bold, courageous, and passionate Councilmember is all about.
COUNCIL ACTION: Start Time: 2:11 PM
CITY CLERK COMMENT:
City Clerk Fuentes shared the arrival of the new permanent archival exhibit case on the 12th floor located outside of Chambers. She mentioned each quarter a new showcase will be displayed highlighting diverse stories from members of the community fostering a greater understanding of our shared history. City Clerk Fuentes stated the primary goal of the display is to educate the public about the historical presence of our government over the decades. She encouraged everyone to view the inaugural display highlighting the accomplishments of Dennis V. Allen.
COUNCIL ACTION: Start Time: 2:04 PM
Item 200: This item was removed from the Agenda.
Item 201: Selection of a Council President.
Total Estimated Cost of Proposed Action and Funding Source: N/A Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Monday, December 4, 2023
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-230) ADOPTED AS RESOLUTION R-315232
Resolution selecting a Council President.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Council District 9: Luz Anaya Luna, (619) 236-6699
City Attorney Contact: Heather Ferbert
COUNCIL ACTION: Start Time: 2:14 PM
MOTION BY JOE LACAVA TO SELECT SEAN ELO-RIVERA AS COUNCIL PRESIDENT. Second by Vivian Moreno.
Passed by the following vote:
Yea: Joe LaCava, Monica Montgomery Steppe, Kent Lee, Vivian Moreno, Sean Elo-Rivera; Nay: Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Raul A. Campillo; Recused: (None);
Not Present: (None).
Item 202: Third Amendment to Disposition and Development Agreement with SDEEC LLC for the San Diego Energy Equity Campus at the Valencia Business Park (5515-5565 Stevens Way).
Total Estimated Cost of Proposed Action and Funding Source:
N/A. Time only extension.
Council District(s) Affected: 4.
Proposed Actions:
(R-2024-194) ADOPTED AS RESOLUTION R-315233
Resolution of the Council of the City of San Diego approving a Third Amendment to the Disposition and Development Agreement between the City of San Diego and SDEEC LLC for the Valencia Business Park Site in the Encanto Neighborhood Community Planning Area.
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Monday, December 4, 2023
Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Kate Malcolm
COUNCIL ACTION: Start Time: 3:00 PM
MOTION BY MONICA MONTGOMERY STEPPE TO ADOPT. Second by Sean Elo-Rivera.
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, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 203: Authorize Option to Agreement with San Diego Tijuana World Design Capital 2024 for Additional Services Related to the Planning and Implementation of World Design Capital 2024.
Total Estimated Cost of Proposed Action and Funding Source:
This action will authorize an amount of $2,000,000 from Cultural Affairs Fund 200205 for the additional services related to planning and implementation of World Design Capital 2024, bringing the total contract value to $3,000,000.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-202) ADOPTED AS RESOLUTION R-315234
Resolution authorizing the Mayor or designee to exercise the option to the Agreement with San Diego Tijuana World Design Capital 2024 to increase the Agreement by $2 million for a total contract amount of $3 million for delivery of additional services related to World Design Capital 2024 to engage in branding and marketing and to manage a grant program.
Committee Actions Taken: N/A
Commission for Arts and Culture: Jonathon Glus, (619) 236-6798 City Attorney Contact: Ken So
COUNCIL ACTION: Start Time: 3:17 PM
Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Monday, December 4, 2023
MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Stephen Whitburn.
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, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 204: Agreement Regarding Satisfaction and Release of Purchase Agreement Obligations by and Among the City of San Diego, a Municipal Corporation (“City”); MGSD, Inc., OK Trade, LLC, 4th & Beech Partners, LLC, and DBELS Family LP (Collectively, “Sellers”); and Elizabeth Ann Dabby, in Her Individual Capacity and as Trustee of The Dabby Trust A, a Sub-Trust of the Danny and Elizabeth Ann Dabby Living Trust Dated 4/4/2000, Joseph S. O’Keefe and Aura A.
O’Keefe, in Their Individual Capacities and as Co-Trustees of the O’Keefe Family Trust, and Eric H. Fletcher and Beatrice A. Fletcher, in Their Individual Capacities and as Co-Trustees of the Fletcher Family Trust (Collectively, “Guarantors”) Associated with Real Property Previously Acquired by the City and Commonly Identified as 1440-1450 Fourth Avenue (APNs 533-442-04, and 05) in the Cortez Hill Neighborhood of the Downtown Community Plan Area.
Total Estimated Cost of Proposed Action and Funding Source:
The City will receive the sum of $330,000 pursuant to the proposed Agreement. Funds will be deposited into the Successor Agency Property Management Fund.
Council District(s) Affected: 3.
Proposed Actions:
(R-2024-206) ADOPTED AS RESOLUTION R-315235
Resolution approving that certain Agreement Regarding Satisfaction and Release of Purchase Agreement Obligations between the City of San Diego and various entities and individuals related to the Centre City Manor site located at 1440-1450 Fourth Avenue in the Cortez Hill neighborhood, and authorizing related actions.
Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Kevin Reisch
COUNCIL ACTION: Start Time: 3:50 PM
Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Monday, December 4, 2023
MOTION BY STEPHEN WHITBURN TO ADOPT. 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, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 205: Columbia Tower – Approval of Agreement of Purchase and Sale and Escrow Instructions, Declaration of Property as Exempt Surplus Land in Accordance With California Government Code Sections 54220-54234, and Waiver of Requirement in Council Policy 700- 10 – 904 State Street (APN 533-538-04) Columbia Neighborhood of the Downtown Community Plan Area (PUBLIC HEARING).
Total Estimated Cost of Proposed Action and Funding Source:
Net sales proceeds in the approximate amount of $32,000,000, less reasonable and customary closing costs, shall be deposited to the LMIHAF.
Council District(s) Affected: 3.
Proposed Actions:
Subitem-A: (R-2024-209) ADOPTED AS RESOLUTION R-315236
Resolution of the Council of the City of San Diego determining that the sale of City-owned real property located at 904 State Street, San Diego, California, designated as exempt surplus land, is exempt from the California Environmental Quality Act under CEQA Guidelines sections 15061(b)(3) and 15312.
Subitem-B: (R-2024-204) ADOPTED AS RESOLUTION R-315237
Resolution of the Council of the City of San Diego making certain findings and approving an agreement of purchase and sale and escrow instructions between the City of San Diego and Columbia Tower, L.P. regarding the real property located at 904 State Street, commonly known as Columbia Tower, in the Centre City Redevelopment Project Area, and waiving application of a provision in Council Policy 700-10 related to exclusively negotiated sales of real property.
Subitem-C: (R-2024-203) ADOPTED AS RESOLUTION R-315238
Resolution of the Council of the City of San Diego declaring that 904 State Street, San Diego, California, is exempt surplus land.
Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Monday, December 4, 2023
Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: William W. Witt
COUNCIL ACTION: Start Time: 4:00 PM
Public testimony by Joy Sunyata and Audra.
MOTION BY STEPHEN WHITBURN TO ADOPT. 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, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
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 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,
Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Monday, December 4, 2023
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].
Pursuant to San Diego Municipal Code Section 27.0403, candidate statements, the propositions and related ballot materials for said candidate races and propositions, to be submitted to the voters within the City of San Diego at the election of March 5, 2024, will be available for public examination for ten (10) calendar days commencing on the business day following the deadline for filing those ballot materials 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. Please note the following examination periods:
Document Start date End date
Candidate Statements of
Qualification and Designations of
Principal Profession or Occupation December 8, 2023 December 18, 2023 Ordinances calling election and
Ordinances placing measures on the
ballot
December 9, 2023 December 19, 2023
Item 251: Public Notice Examination of Ballot Materials – March 5, 2024, Primary.
Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Monday, December 4, 2023
City Attorney’s impartial analysis,
ballot title and summary, and
Mayor/IBA/City Auditor’s fiscal
analysis
December 12, 2023 December 22, 2023
Ballot arguments December 14, 2023 December 26, 2023
Candidate Statements of
Qualification and Designations of
Principal Profession or Occupation
for District 4 Candidates
December 15, 2023 December 26, 2023
For additional information regarding this matter, please contact the Office of the City Clerk at (619) 533-4000.
Item 252: Approval of the Final Map “Lumina III”.
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 “Lumina III " (T.M. No. 2368511, PRJ No. 1095487) located on Cactus Road between “Airway Road and Sempre Viva”, in the RM-2-5 zone, within the Otay Mesa Community Plan Area, Council District 8, 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 253: Approval of the Final Map “Paseo Montril”.
Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Monday, December 4, 2023
Notice is hereby given that the City Land Surveyor has reviewed and will approve on the date of this City Council meeting that certain Final Map entitled “Paseo Montril" (Resolution No.
R314562 and Tentative Map No. 2416742/PTS No. 658273) located at the east end of Paseo Montril, west of Interstate 15, and east of Rancho Peñasquitos Boulevard in the RM-2-5 and RS-1-14 zones within the following overlay zones: airport Influence Area for Marine Corps Air Station Miramar (MCAS-Miramar), Airport Land Use Compatibility Plan (ALUCP), Environmentally Sensitive Lands (ESL), and Very high fire Hazard Severity Zone (VHFHSZ). The property is legally described as a portion of Rancho Los Peñasquitos, in the City of San Diego, County of San Diego, State of California, according to map thereof accompanying the patent of said rancho recorded in the office of the County Recorded of San Diego County in book 2, page 385 of patents, a copy of which is available for public viewing at the office of the San Diego City Clerk. Specifically, the City Land Surveyor 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 Land Surveyor 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 Land Surveyor 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 Fred LePage (619) 446-5434.
Item S400: Discussion of Standing Council Committee Assignments and Appointment of Councilmembers to the Audit Committee for Calendar Year 2024.
Total Estimated Cost of Proposed Action and Funding Source: N/A 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 20 for the Regular Meeting of Monday, December 4, 2023
Committee Actions Taken: N/A
Council District 9: Luz Anaya Luna, (619) 236-6699
COUNCIL ACTION: Start Time: 2:46 PM
REPORT OUT FROM CLOSED SESSION
None.
Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Monday, December 4, 2023
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 4:35 p.m. in honor of the memory of:
Peter Seidler as requested by Councilmember Whitburn.
COUNCIL ACTION: Start Time: 4:33 PM