CHRONOLOGY OF THE MEETING

The meeting was called to order by Council President Elo-Rivera at 10:00 a.m. Councilmember von Wilpert arrived to the meeting at 10:06 a.m. The meeting was recessed by Council President Elo-Rivera at 10:24 a.m. into Closed Session, to be reconvened at 2:00 p.m.

The meeting was reconvened by Council President Elo-Rivera at 2:00 p.m. with Councilmember von Wilpert not present. Councilmember von Wilpert arrived to the meeting at 2:01 p.m. The meeting was adjourned by Council President Elo-Rivera at 4:23 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 (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-not present

(6) Councilmember Lee-present

(7) Councilmember Campillo-present

(8) Councilmember Moreno-present

(9) Council President Elo-Rivera-present

INVOCATION

The invocation was given by City Clerk Diana J.S. Fuentes.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Council President Pro Tem Montgomery Steppe.

CLOSED SESSION

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

CS-1 Cecilia Sepulveda, et al. v. City of San Diego

San Diego Superior Court Case No. 37-2022-00029023-CU-PO-CTL

Risk Management Department Claim File No. 28359

REFERRED TO CLOSED SESSION OF MONDAY, JULY 24, 2023

DCA Assigned: S. M. Robinson

Outside Counsel: Tatiana Dupuy, Gordon, Rees, Scully Mansukhani

This case arises from an accident on September 18, 2021, when a rented electric scooter rider was killed when a car drifted into the bicycle lane on Pershing Drive. The lawsuit alleges the roadway constituted a dangerous condition. The City Attorney’s Office and outside counsel will update the Mayor and City Council on the status of the litigation and seek direction.

COUNCIL ACTION: Start Time: 10:03 AM

Public testimony by Lori Saldaña, Audra, Dan Smiechowski, and Blair Beekman.

Council President Elo-Rivera closed the hearing.

CS-2 Destiny Smith v. City of San Diego

San Diego Superior Court Case No. 37-2023-0006933-CU-PO-CTL

Risk Management Department Claim File No. 29412

REFERRED TO CLOSED SESSION OF MONDAY, JULY 24, 2023

DCA Assigned: D. W. Nicholas

Outside Counsel: D. Semerdjian, Schwartz Semerdjian Cauley & Evans LLP

This case arises from an injury accident where the Plaintiff alleges, she was riding a Bird scooter on Mission Boulevard when she struck a pothole and was thrown from the scooter. The City Attorney’s Office and outside counsel will update the Mayor and City Council on the status of the litigation and seek direction.

COUNCIL ACTION: Start Time: 10:03 AM

Public testimony by Lori Saldaña, Audra, Dan Smiechowski, and Blair Beekman.

Council President Elo-Rivera closed the hearing.

CS-3 John Enright v. City of San Diego

San Diego Superior Court Case No. 37-2022-00028178-CU-PO-CTL

Risk Management Department Claim File No. 28875

REFERRED TO CLOSED SESSION OF MONDAY, JULY 24, 2023

DCA Assigned: K. R. Yee

Outside Counsel: D. Semerdjian, Schwartz Semerdjian Cauley & Evans LLP

This case arises from an injury accident where the Plaintiff alleges, he was riding a Bird scooter at the entrance to an alleyway in La Jolla when he struck a pothole and was thrown from the scooter. The City Attorney’s Office and outside counsel will update the Mayor and City Council on the status of the litigation and seek direction.

COUNCIL ACTION: Start Time: 10:03 AM

Public testimony by Lori Saldaña, Audra, Dan Smiechowski, and Blair Beekman.

Council President Elo-Rivera closed the hearing.

Public Employment – Performance Evaluation, pursuant to California Government Code Section 54957(b)(1):

CS-4 Title: City Clerk

REFERRED TO CLOSED SESSION OF MONDAY, JULY 24, 2023

DCA Assigned: None assigned

COUNCIL ACTION: Start Time: 10:03 AM

Public testimony by Joy Sunyata and Liz Maland.

Council President Elo-Rivera closed the hearing.

NON-AGENDA PUBLIC COMMENT

PUBLIC COMMENT-1:

Joy Sunyata commented on the grant process.

COUNCIL ACTION: Start Time: 4:06 PM

PUBLIC COMMENT-2 (virtual):

Barbara Gordon commented on youth use of marijuana.

COUNCIL ACTION: Start Time: 4:08 PM

PUBLIC COMMENT-3 (virtual):

Terri-Ann Skelly commented on marijuana.

COUNCIL ACTION: Start Time: 4:10 PM

PUBLIC COMMENT-4 (virtual):

Becky Rapp commented on cannabis products.

COUNCIL ACTION: Start Time: 4:12 PM

PUBLIC COMMENT-5 (virtual):

Truth commented on a historical lesson.

COUNCIL ACTION: Start Time: 4:14 PM

PUBLIC COMMENT-6 (virtual):

Blair Beekman commented on tech accountability.

COUNCIL ACTION: Start Time: 4:16 PM

PUBLIC COMMENT-7 (virtual):

Audra commented on technology surveillance.

COUNCIL ACTION: Start Time: 4:18 PM

PUBLIC COMMENT-8 (virtual):

Judi Strang commented on cannabis poisoning.

COUNCIL ACTION: Start Time: 4:21 PM

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT

None.

Item 200: Declare 0.517 Acres of City-Owned Real Property at the Northern Terminus of Towne Centre Drive, San Diego, CA “Exempt Surplus Land” Pursuant to California Government Code Section 54221(f)(1)(E) and Authorize the Sale of the Property to BRE-BMR Towne Center Science Park LLC, a Subsidiary of BioMed.

Total Estimated Cost of Proposed Action and Funding Source:

Proceeds from the sale, net of costs related to the sale, will be deposited as follows: 4.4% into the Capital Outlay Pueblo Land/Police Decentralization fund, and 95.6% into the Capital Outlay Fund. The associated $100 Independent Consideration will be deposited into the General Fund.

Council District(s) Affected: 6.

Proposed Actions:

Subitem-A: (R-2023-833) ADOPTED AS RESOLUTION R-315043

Resolution determining that declaring 0.517 acre of real property in public right-of-way at the northern terminus of Towne Centre Drive in the Sorrento Valley area of the City of San Diego exempt surplus land under the Surplus Land Act and approving a purchase and sale agreement for the sale of the real property to BRE-BMR Towne Centre Science Park LLC are exempt from the California Environmental Quality Act under Title 14 California Code of Regulations section 15312.

Subitem-B: (R-2023-832) ADOPTED AS RESOLUTION R-315044

Resolution declaring that 0.517 acre of real property in public right-of-way at the northern terminus of Towne Centre Drive in the Sorrento Valley area of the City of San Diego is exempt surplus land under the Surplus Land Act.

Subitem-C: (R-2023-831 REV.) ADOPTED AS AMENDED AS RESOLUTION R-315045

Resolution approving a purchase and sale agreement for the City’s sale of 0.517 acre of real property in public right-of-way at the northern terminus of Towne Centre Drive in the Sorrento Valley area of the City of San Diego to BRE-BMR Towne Centre Science Park LLC for $1,984,000, and authorizing the Chief Financial Officer to accept and deposit the independent consideration and the sale proceeds.

Committee Actions Taken:

This item was heard at the Land Use and Housing Committee meeting on June 15, 2023.

ACTION: Motion by Vice-Chair LaCava, second by Committee Member Lee, to recommend Council approval of staff's proposed actions.

VOTE: 4-0; Moreno-yea, LaCava-yea, Whitburn-yea, Lee-yea.

Department of Real Estate and Airport Management: Mary Carlson, (619) 236-6079

City Attorney Contact: Julie Gough Inman

COUNCIL ACTION: Start Time: 3:55 PM

MOTION BY KENT LEE TO ADOPT THE RESOLUTIONS IN SUBITEM A AND B; AND ADOPT THE RESOLUTION IN SUBITEM C AS AMENDED TO INCLUDE: “THE REAL ESTATE PURCHASE AND SALE AGREEMENT WILL BE MODIFIED TO REFLECT THAT A PORTION OF THE PROPERTY TO BE SOLD BY THE CITY TO THE BUYER IS LOCATED WITHIN THE MULTI-HABITAT PLANNING AREA (MHPA) AND IS, THEREFORE, SUBJECT TO MHPA REGULATIONS AFFECTING THE DEVELOPMENT POTENTIAL AND MARKETABILITY OF THE PROPERTY.” Second By Vivian Moreno.

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 201: This item was moved to the City Council meeting of Tuesday, July 25, 2023, at 2:00 p.m., and is now item S500.

Item 202: This item was moved to the City Council meeting of Tuesday, July 25, 2023, at 2:00 p.m., and is now item S501.

Item 203: Towne Centre View - Project No. 624751.

Total Estimated Cost of Proposed Action and Funding Source:

None with this action. All costs associated with the processing of this application are recovered through a deposit account funded by the applicant.

Council District(s) Affected: 6.

Proposed Actions:

General Plan Amendment, Community Plan Amendment, Planned Development Permit, Site Development Permit, Neighborhood Development Permit, Coastal Development Permit, Vesting Tentative Map, Public Right-of-Way Vacation, and Easement Vacation to allow demolition of the existing buildings and facilities on a 33.5-acre site located at 9855 / 9865 / 9875 Towne Centre Drive and redevelopment of the 26.5-acre southern portion of the site with a five-building Research and Development campus, with an estimated gross floor area of approximately 1,000,000 square feet and building heights ranging from 107.3 feet to 131.5 feet above grade. 7 acres of the site would remain undeveloped as open space and 2,500 parking spaces would be provided primarily underground and in a parking garage. The existing terminus of Towne Centre Drive would be vacated and developed as part of the project site.

Subitem-A: (R-2023-819 Cor. Copy) ADOPTED AS RESOLUTION R-315046

Resolution certifying Environmental Impact Report No. 624751/SCH No. 2021040044, adopting Findings, and adopting Mitigation Monitoring and Reporting Program No. 624751.

Directing the City Clerk to file a Notice of Determination with the Clerk of the Board of Supervisors for the County of San Diego regarding the project.

Subitem-A is not subject to the Mayor's veto.

Subitem-B: (R-2023-820 Cor. Copy) ADOPTED AS RESOLUTION R-315047

Resolution adopting amendments to the General Plan and University Community Plan.

Subitem-B is not subject to the Mayor's veto.

Subitem-C: (R-2023-821 Cor. Copy) ADOPTED AS RESOLUTION R-315048

Resolution approving Planned Development Permit No. 2607763 (amendment to Planned Industrial Development Permit No. 96-7756), Site Development Permit No. 2237939 (amendment to Site Development Permit No. 2758), Neighborhood Development Permit No. 2582527, and Coastal Development Permit No. 2237940 (amendment to Coastal Development Permit No. 117798).

Subitem-C is not subject to the Mayor's veto.

Subitem-D: (R-2023-822 Cor. Copy) ADOPTED AS RESOLUTION R-315049

Resolution approving Vesting Tentative Map No. 250756, Public Right-of-Way No. 2507558, and Easement Vacation No. 2508994.

Subitem-D is not subject to the Mayor's veto.

Committee Actions Taken: N/A

Development Services: Martha Blake, (619) 446-5375

City Attorney Contact: Corrine Neuffer

COUNCIL ACTION: Start Time: 3:11 PM

Public testimony by John Moshy, Daniel Bronton, Ryan Bussard, Maggie Smith, Chris Nielsen, Joe Borowitz, Melanie Cohen, Robert Matthews, Matthew Leyba-Gonzalez, Carol Kim, William Moore, Ansermio Estrada, Jorge Viramontes, Christopher Allen, Ricardo Sanchez, Jesse Garcia, Truth, Audra, Dan Smiechowski, and Blair Beekman.

MOTION BY KENT LEE TO ADOPT. Second By Vivian Moreno.

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: Sharp Metropolitan Medical Campus Modernization (SMMC) - Project No. 696413.

Total Estimated Cost of Proposed Action and Funding Source:

None with this action. All costs with the processing of this project are paid from a deposit account maintained by the applicant.

Council District(s) Affected: 7.

Proposed Actions:

Subitem-A: (R-2023-803) ADOPTED AS RESOLUTION R-315050

Resolution adopting Addendum No. 696413 to Negative Declaration No. 88-0253 and Mitigated Negative Declarations Nos. 88-1297, 6839 and 116107;

Directing the City Clerk to file a Notice of Determination with the Clerk of the Board of Supervisors for the County of San Diego regarding the project.

Subitem-A is not subject to the Mayor's veto.

Subitem-B: (R-2023-804 COR. COPY) ADOPTED AS RESOLUTION R-315051

Resolution making findings for and granting Conditional Use Permit No. 2580874 and Planned Development Permit No. 2581438, amendments to Conditional Use Permit No. 11504 and Planned Development Permit No. 11505, and Conditional Use Permit Nos. 88-0253 And 88-1297, related to the Sharp Metropolitan Medical Complex – Project No. 696413.

Subitem-B is not subject to the Mayor's veto.

Subitem-C: (R-2023-809 COR. COPY) ADOPTED AS RESOLUTION R-315052

Resolution making findings for vacating and vacating a portion of Birmingham Way and Meadow Lark Drive, Right-Of-Way Vacation No. 2605733, related to the Sharp Metropolitan Medical Complex - Project No. 696413.

Subitem-C is not subject to the Mayor's veto.

Committee Actions Taken: N/A

Development Services: Martha Blake, (619) 446-5375

City Attorney Contact: Noah Brazier

COUNCIL ACTION: Start Time: 2:21 PM

Public testimony by Matt Peterson, Trisha Khaleghi, Dimitrios Alexiou, Dede Albert, Gill Cabrero, Carmen Colombo, Steve Cushman, Joseph Bellezzo, Robert Betz, Fadi Nicolas, Jeremy Abrams, Renald Espiritu, Sean Ellis, Robert Matthews, Stephanie Gioia-Beckman, Jorge Viramontes, Christopher Allen, Ricardo Sanchez, Jesse Garcia, Dave Gauthier, Patrick Davidson, Dom Luyo, Pat Paulson, Channey Doud, Matthew Leyba-Gonzalez, Tony Sanchez, Luis Velarde, David Zepeda, Beau Coleman, Audra, Truth, Lori Saldaña, and Blair Beekman.

MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.

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 Notice was for public record only. This item 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 cityclerk@sandiego.gov. 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 cityclerk@sandiego.gov.

Item S400: Approve Updated City Clerk Job Description.

Total Estimated Cost of Proposed Action and Funding Source: N/A

Council District(s) Affected: Citywide.

Proposed Actions:

(R-2024-37) ADOPTED AS RESOLUTION R-315053

Resolution adopting an updated job description for the City Clerk.

This item is not subject to the Mayor’s veto.

Committee Actions Taken: N/A

Council District 6: Sara Kamiab, (619) 533-6465

City Attorney Contact: Miguel Merrell

MOTION BY KENT LEE TO ADOPT THE RESOLUTION WITH DIRECTION TO EDIT THE CITY CLERK JOB DESCRIPTION ON PAGE 3, UNDER THE “RECORDS MANAGEMENT & ARCHIVES” SECTION, IN THE FIRST BULLET POINT BY REPLACING “OFFICE OF THE CITY CLERK” WITH “CITY”. Second by Jennifer Campbell.

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).

REPORT OUT FROM CLOSED SESSION

None.

ADJOURNMENT

The meeting was adjourned by Council President Elo-Rivera at 4:23 p.m.

COUNCIL ACTION: Start Time: 4:23 PM