THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, JULY 21, 2025
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 LAND ACKNOWLEDGEMENT .................................................................................................3 PLEDGE OF ALLEGIANCE......................................................................................................3 CLOSED SESSION................................................................................................................3 NON-AGENDA PUBLIC COMMENT .........................................................................................6
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................9 Item 200: Appeal of the Environmental Determination 11011 Torreyana Road Project No. PRJ1058759............................................................................................................................10 Item S400: Adoption of Procedures Under Assembly Bill 2257 Related to Water and Sewer Rate Adjustments, Acceptance of Water and Wastewater Cost of Service Studies, and Authorization to Issue Proposition 218 Notice and Hearing ........................................................................12 REPORT OUT FROM CLOSED SESSION................................................................................14 ADJOURNMENT .................................................................................................................14 Minutes of the Council of the City of San Diego Page 2
for the Regular Meeting of Monday, July 21, 2025
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President LaCava at 10:06 a.m. Councilmember Elo-Rivera arrived at the meeting at 10:13 a.m. The meeting was recessed by Council President LaCava at 10:14 a.m. into Closed Session to be reconvened at 2:00 p.m.
The meeting was reconvened by Council President LaCava at 2:05 p.m. with Councilmember von Wilpert and Councilmember Elo-Rivera not present. Councilmember von Wilpert arrived at the meeting at 2:08 p.m. Councilmember Elo-Rivera arrived at the meeting at 2:19 p.m. The meeting was adjourned by Council President LaCava at 4:38 p.m.
ATTENDANCE DURING THE MEETING
PRESENT:
CD-1 Council President Joe LaCava
CD-2 Councilmember Jennifer Campbell (Attended virtually) 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 (Pursuant to California Government Code section 54953(f), participated remotely for just cause due to child care needs with no individuals 18 years of age or older present in the room.)
CD-7 Councilmember Raul A. Campillo
CD-8 Councilmember Vivian Moreno
CD-9 Councilmember Sean Elo-Rivera
ABSENT:
None.
DEPUTY CITY CLERK/CITY CLERK:
Pantaleon/Berry (km)
ROLL CALL
(1) Council President LaCava-present
(2) Councilmember Campbell-not present
(3) Councilmember Whitburn-present
(4) Councilmember Foster-present
(5) Councilmember von Wilpert-present
(6) Council President Pro Tem Lee-not present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-present
(9) Councilmember Elo-Rivera-not present
Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Monday, July 21, 2025
INVOCATION
The invocation was given by Assistant City Clerk Daichi Pantaleon.
LAND ACKNOWLEDGEMENT
Statement read by Councilmember Moreno.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Moreno.
CLOSED SESSION
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-1 Griff Heidkamp v. Prospect Hospitality LP, et al.
San Diego Superior Court Case No. 37-2022-00016478-CU-PO-CTL Risk Management Department Claim File No. 28364
REFERRED TO CLOSED SESSION OF MONDAY, JULY 21, 2025
CDCA Assigned: D. E. Abad
This case arises from a slip and fall on Coast Boulevard behind the La Valencia Hotel in La Jolla, California. Plaintiff alleges he slipped and fell on a wet condition on the ground consisting of water and algae. 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: 10:09 AM
Public testimony by Joy Sunyata.
Council President LaCava closed the hearing.
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, July 21, 2025
Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation, pursuant to California Government Code Section 54956.9(d)(4):
CS-2 Number of Cases: One
REFERRED TO CLOSED SESSION OF MONDAY, JULY 21, 2025
SDCA Assigned: J. Mickova Will
The City Attorney will seek authority to initiate litigation to quiet title at 3440 Sandrock Road (former Serra Mesa Library) in San Diego.
COUNCIL ACTION: Start Time: 10:09 AM
Public testimony by Joy Sunyata.
Council President LaCava closed the hearing.
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-3 Marcus Evans v. City of San Diego, et al.
United States District Court Case No. 25-cv-1094 BJC MMP Risk Management Department Claim File No. 38783
REFERRED TO CLOSED SESSION OF MONDAY, JULY 21, 2025
SCDCA Assigned: S. J. Plotkin-Wolff
This matter involves allegations of excessive force used during the arrest of Plaintiff on October 24, 2024, after officers responded to a reported domestic violence incident involving a gun. 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: 10:09 AM
Public testimony by Joy Sunyata.
Council President LaCava closed the hearing.
CS-4 Larry Speller v. City of San Diego
San Diego Superior Court Case No. 37-2023-00023760-CU-PO-CTL Risk Management Department Claim File No. 30837
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, July 21, 2025
REFERRED TO CLOSED SESSION OF MONDAY, JULY 21, 2025
DCA Assigned: A. M. Poplin
This case arises from a trip and fall on the 1500 block of National Avenue in Downtown. Plaintiff alleges he was forced to walk in the street because both sidewalks were blocked by homeless encampments, and that he subsequently tripped on a pothole in the roadway. 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: 10:09 AM
Public testimony by Joy Sunyata.
Council President LaCava 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, JULY 21, 2025
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: 10:09 AM
Public testimony by Joy Sunyata.
Council President LaCava closed the hearing.
Public Employment – Performance Evaluation, pursuant to California Government Code Section 54957(b)(1):
CS-6 Title: Independent Budget Analyst
REFERRED TO CLOSED SESSION OF MONDAY, JULY 21, 2025
DCA Assigned: None assigned
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, July 21, 2025
COUNCIL ACTION: Start Time: 10:09 AM
Public testimony by Joy Sunyata.
Council President LaCava closed the hearing.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Purita A. Javier commented on ceramics toxicity in a residential zone community.
COUNCIL ACTION: Start Time: 4:04 PM
PUBLIC COMMENT-2:
Cesar B. Javier commented on ceramics toxicity in a residential zone community.
COUNCIL ACTION: Start Time: 4:06 PM
PUBLIC COMMENT-3:
Andrea Ebbing commented on budget/open bias.
COUNCIL ACTION: Start Time: 4:08 PM
PUBLIC COMMENT-4:
Joy Sunyata commented on Point Loma wastewater treatment plant.
COUNCIL ACTION: Start Time: 4:11 PM
PUBLIC COMMENT-5 (virtual):
Ernie Casco commented on Torrey Pines Gliderport.
COUNCIL ACTION: Start Time: 4:13 PM
PUBLIC COMMENT-6 (virtual):
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, July 21, 2025
Terri-Ann Skelly commented on smoke-free and vape-free policies.
COUNCIL ACTION: Start Time: 4:15 PM
PUBLIC COMMENT-7 (virtual):
Barbara Gordon commented on smoke-free policies.
COUNCIL ACTION: Start Time: 4:17 PM
PUBLIC COMMENT-8 (virtual):
Madison commented on marijuana affecting youth.
COUNCIL ACTION: Start Time: 4:19 PM
PUBLIC COMMENT-9 (virtual):
Becky Rapp commented on illegal smoking and vaping at San Diego beaches.
COUNCIL ACTION: Start Time: 4:21 PM
PUBLIC COMMENT-10 (virtual):
Kathleen Lippitt commented on addictive drugs.
COUNCIL ACTION: Start Time: 4:24 PM
PUBLIC COMMENT-11 (virtual):
Blair Beekman commented on clarification on items; research subjects online; and demilitarize U.S Immigration and Customs Enforcement.
COUNCIL ACTION: Start Time: 4:26 PM
PUBLIC COMMENT-12 (virtual):
Al Del Mastro commented on trash and budget.
COUNCIL ACTION: Start Time: 4:28 PM
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, July 21, 2025
PUBLIC COMMENT-13 (virtual):
Marco Espinosa thanked staff and Councilmembers.
COUNCIL ACTION: Start Time: 4:30 PM
PUBLIC COMMENT-14 (virtual):
Bob Kuczewski commented on Torrey Pines Gliderport.
COUNCIL ACTION: Start Time: 4:31 PM
PUBLIC COMMENT-15 (virtual):
Francine Maxwell commented on the Human Relations Commission.
COUNCIL ACTION: Start Time: 4:33 PM
PUBLIC COMMENT-16 (virtual):
Judi Strang commented on the relationship between cannabis use and breast cancer.
COUNCIL ACTION: Start Time: 4:35 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
CITY CLERK COMMENT:
Assistant City Clerk Pantaleon commented on the Office of the City Clerk launching a Public Engagement and Language Access Survey as the first step in its upcoming listening sessions this fall. She mentioned this initiative seeks input from current council meeting participants on how they learn about these meetings and how communication and access can be improved.
The survey aligns with the City Clerk’s mission to provide accurate information and maximize access to municipal government. Assistant City Clerk Pantaleon welcomed feedback from the survey to help deliver more efficient and responsive services to all residents. The QR code and link to the survey are available at the entrance of Council Chambers, on Participation slides shown before every meeting, and at the digital kiosk.
COUNCIL ACTION: Start Time: 2:06 PM
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, July 21, 2025
Item 200: Appeal of the Environmental Determination 11011 Torreyana Road Project No. PRJ1058759.
Total Estimated Cost of Proposed Action and Funding Source:
None. Costs associated with this project will be paid by the applicant through a deposit account.
Council District(s) Affected: 1.
Proposed Actions:
(R-2026-59) DENIED THE APPEAL AND APPROVED THE ENVIRONMENTAL DETERMINATION; ADOPTED AS RESOLUTION R-316352
Appeal of the environmental determination adopting the Subsequent Mitigated Negative Declaration No. 1058759/SCH No. 2019060003 for the 11011 Torreyana Road project prepared pursuant to the California Environmental Quality Act as part of a Process 3 application for a Coastal Development Permit and Site Development Permit to demolish an existing 76,694- square-foot research and development building and construct a new 152,080-square-foot research and development building with a four-level subterranean parking garage and surface parking. The 10.2-acre project site is located at 11011 Torreyana Road in the Industrial Park (IP-1-1) Zone within the University Community Plan area and designated Industrial Employment, Prime Industrial, and Open Space in the General Plan, and Industrial-Scientific Research and Open Space in the University Community Plan and is within the Airport Land Use Compatibility Overlay Zone (Marine Corps Air Station (MCAS) Miramar), Airport Influence Area (MCAS Miramar-Review Area 1), Airport Safety Zone MCAS Miramar (Accident Potential Zone 2), Coastal Height Limitation Overlay Zone, Coastal Overlay Zone (Appealable), Community Plan Implementation Overlay Zone - Type B, Transit Priority Area, Multiple Habitat Planning Area, Very High Fire Severity Zone, Parking Impact Overlay Zone (Coastal), Coastal Overlay Zone First Public Roadway, and Prime Industrial Lands. The Subsequent Mitigated Negative Declaration No. 1058759/SCH No. 2019060003 was adopted by the City’s Hearing Officer on April 9, 2025. The only issue before the City Council is the appeal of the environmental determination and not the project.
According to San Diego Municipal Code Section 112.0520(e) Power to Act on Appeal, the City Council shall consider the appeal and may:
(1) By a majority vote, deny the appeal and approve the environmental determination adopting the Subsequent Mitigated Negative Declaration No. 1058759/SCH No. 2019060003 for the 11011 Torreyana Road project; or
(2) By a majority vote, grant the appeal and set aside the environmental determination in accordance with San Diego Municipal Code Section 112.0520(f); Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, July 21, 2025
Directing the City Attorney to prepare the appropriate resolution according to Section 40 of the City Charter;
If the City Council grants the appeal, the City Council shall retain jurisdiction to act on the revised environmental determination and associated project at a subsequent public hearing.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Development Services: Hector Rios, (619) 533-6733
City Attorney Contact: Jeanne L. MacKinnon
COUNCIL ACTION: Start Time: 3:23 PM
Public testimony by Halyley Uno, Karl Osmundson, Cesar Javier, Joy Sunyata, Blair Beekman, and Bob Kuczewski.
MOTION BY JOE LACAVA TO ADOPT THE RESOLUTION DENYING THE APPEAL AND APPROVING THE ENVIRONMENTAL DETERMINATION. 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, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item S400: Adoption of Procedures Under Assembly Bill 2257 Related to Water and Sewer Rate Adjustments, Acceptance of Water and Wastewater Cost of Service Studies, and Authorization to Issue Proposition 218 Notice and Hearing.
Total Estimated Cost of Proposed Action and Funding Source:
This action is expected to allow Public Utilities to complete, and mail required Proposition 218 notices to all impacted customers, which is estimated to cost $200,000 and will be paid between the Water, Municipal & Metropolitan Sewer Funds.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2026-45) ADOPTED AS RESOLUTION R-316353
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Monday, July 21, 2025
Resolution adopting procedures under California Government Code sections 53759.1 and 53759.2 related to exhaustion of administrative remedies for water and wastewater fees and adjustments.
Subitem-B: (R-2026-46) ADOPTED AS RESOLUTION R-316354
Resolution accepting the 2025 Water and Wastewater Cost of Service Studies, setting a date for a public hearing and authorizing notice of a public hearing on proposed adjustments to the water and wastewater rates in accordance with Proposition 218 and related actions.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on July 17, 2025.
ACTION: Motion by Chair Elo-Rivera, second by Committee Member LaCava, to recommend Council approval of staff's proposed action, with the amendment to strike 2.d.iv. from the proposed action: Authorizing a pass-through rate increase not-to-exceed 15% each year, effective January 1, to reflect wholesale rate increases from the San Diego County Water Authority through and including January 1, 2029.
VOTE: 3-0; Elo-Rivera-yea, Campbell-yea, LaCava-yea.
Public Utilities: Adam Jones, (858) 614-4030
City Attorney Contact: Melissa D. Ables
COUNCIL ACTION: Start Time: 2:08 PM
MOTION BY SEAN ELO-RIVERA TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Kent Lee, Raul A. Campillo, Sean EloRivera; Nay: Henry L. Foster III, Marni von Wilpert, Vivian Moreno; Recused: (None);
Not Present: (None).
REPORT OUT FROM CLOSED SESSION
The City Attorney gave a report out from Closed Session. https://www.sandiego.gov/city-clerk/officialdocs/closed-session-reports COUNCIL ACTION: Start Time: 4:37 PM
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Monday, July 21, 2025
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Monday, July 21, 2025
ADJOURNMENT
The meeting was adjourned by Council President LaCava at 4:38 p.m.
COUNCIL ACTION: Start Time: 4:38 PM