CITY COUNCIL OF THE CITY OF SAN DIEGO
CLOSED SESSION AGENDA
FOR
TUESDAY, MAY 17, 2022, AT 11:00 AM
CITY ADMINISTRATION BUILDING
COUNCIL CHAMBERS – 12TH FLOOR
202 “C” STREET
SAN DIEGO, CA 92101
_________________
NOTE: In accordance with the San Diego City Council Permanent Rules for Noticing and Conduct of Closed Session Meetings, adopted by Resolution No. R-310153 on December 8, 2015, a portion of the regular open meeting agenda of the City Council has been reserved for City Attorney comment, public comment, and City Council discussion of the content of this Closed Session Agenda. Public testimony for this Closed Session Agenda will be taken today during the 10:00 a.m. Council meeting.
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-1 City of San Diego v. 101 Ash, LLC, et al.
San Diego Superior Court Case No. 37-2020-00036247-CU-CO-CTL Risk Management Department Claim File No. 25855
ACAs Assigned: J. McNeill, M. T. Phelps
Outside Counsel: Dick Semerdjian, Schwartz Semerdjian
This is a City of San Diego-initiated action for a violation of California Government Code section 1090, seeking a judicial declaration that the lease-to-own contract the City entered related to the 101 Ash Street property is void under the conflicts of interest law.
The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.
CS-2 John A. Gordon v. 101 Ash, LLC, et al.
San Diego Superior Court Case No. 37-2020-00028837-CU-FR-CTL Risk Management Department Claim File No. 25928
ACAs Assigned: J. McNeill, M. T. Phelps
Outside Counsel: Dick Semerdjian, Schwartz Semerdjian
This case challenges the lease purchase agreement related to the 101 Ash Street property. The Complaint seeks a declaration that the agreement is void and to prevent any further payments on the lease, and also seeks disgorgement of prior City of San Diego payments. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.
CS-3 City of San Diego v. CCP 1200, LLC, et al.
San Diego Superior Court Case No. 37-2021-00028026-CU-ER-CTL Risk Management Department Claim File No. 28384
Closed Session Agenda
Tuesday, May 17, 2022
ACAs Assigned: J. McNeill, M. T. Phelps
Outside Counsel: Dick Semerdjian, Schwartz Semerdjian
This is a City of San Diego-initiated action for a violation of California Government Code section 1090 seeking a judicial declaration that the lease-to-own contract the City entered related to the Civic Center Plaza building located at 1200 Third Avenue and 201 A Street is void under the conflicts of interest law. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.
Conference with Labor Negotiators, pursuant to California Government Code Section 54957.6:
CS-4 Designated Management Team Representatives:
Timothy Davis, Burke, Williams, & Sorensen LLP, Labor Negotiation Consultant Charles Zuver, Burke, Williams, & Sorensen LLP, Labor Negotiation Consultant Jay Goldstone, Chief Operating Officer
Matthew Vespi, Chief Financial Officer
Kristina Peralta, 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 Erik Hanson, Supervising Human Resources Officer, Human Resources Department
Dan Mottola, Supervising Human Resources Officer, Human Resources Department
Jonnabelle Domingo, Senior Human Resources Officer, Human Resources Department
Curt Glaser, Senior Human Resources Officer, Human Resources Department Peaches Howell, Senior Human Resources Officer, Human Resources Department Jennifer Manos, Interim 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
Andrea Szabo, Senior Human Resources Officer, Human Resources Department Dianne Mitra, Associate Human Resources Analyst, Human Resources Department
Julio Canizal, Director, Risk Management Department
Quennelle Allen, Deputy Director, Risk Management Department Jose Galvan, Finance Manager, Risk Management Department Carly Danney, Benefits Manager, Risk Management Department Rolando Charvel, Department of Finance Director and City Comptroller Sally Rubi, Financial Operations Manager, Department of Finance Luis Mateos, Payroll Manager, Department of Finance
Nicholas O’Donnell, Principal Accountant, Department of Finance Ambar Gutierrez, Interim Principal Accountant, Department of Finance Closed Session Agenda
Tuesday, May 17, 2022
Virgilio Afan Jr., Interim Program Coordinator, Department of Finance Colin Stowell, Fire Chief, Fire-Rescue Department
John Wood, Assistant Fire Chief, Fire-Rescue Department Christopher Webber, Assistant Fire Chief, Fire-Rescue Department James Gartland, Lifeguard Chief, Fire-Rescue Department David Gerboth, 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 Jean Jordan, Assistant City Attorney, Office of the City Attorney, solely for negotiations with the Deputy City Attorneys Association John Hemmerling, Assistant City Attorney, Office of the City Attorney, solely for negotiations with the Deputy City Attorney’s Association Jonathan Ferreras, Program Coordinator, Office of the City Attorney, solely for negotiations with the Deputy City Attorneys Association.
Designated as representatives within the meaning of California Government Code Section 54957.6(a):
Charles Modica, Deputy Director, Office of the Independent Budget Analyst Lisa Byrne, Fiscal and Policy Analyst, Office of the Independent Budget Analyst 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, Local 145 San Diego Municipal Employees’ Association (MEA)
San Diego Police Officers Association (SDPOA)
Teamsters, Local 911 (Teamsters)
ACA Assigned: J. McNeill
The purpose of this Closed Session matter is to review the City of San Diego’s position and instruct the City’s labor negotiators regarding the Fiscal Year 2023 contract negotiations with the City’s recognized employee organizations.
Closed Session Agenda
Tuesday, May 17, 2022
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-5 Alex Montoya, et al v. City of San Diego, et al.
United States District Court Case No. 19cv00054-JM (BGS) Risk Management Department Claim File No 21553
DCA Assigned: Danna W. Nicholas
Outside Counsel: Dan Woods, Esq., Musick, Peeler & Garrett This case arises from litigation in which Plaintiffs claim the City of San Diego’s policies and practices related to shared mobility devices deny people with visual and mobility impairments from meaningfully accessing the City’s public rights-of-way. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.
CS-6 City of San Diego v. Wheels Lab, Inc., et al.
San Diego Superior Court Case No. 37-2021-00046487-CU-BC-CTL DCA Assigned: Danna W. Nicholas
The City of San Diego initiated this litigation because shared mobility operators failed to timely comply with their contractual obligation to defend the City of San Diego in litigation related to the operation of their shared mobility devices. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.
CS-7 Beatriz Zarza v. City of San Diego
San Diego Superior Court Case No. 37-2020-00043459-CU-PO-CTL Risk Management Department Claim File No. 23588
DCA Assigned: K. McGeehan
This case arises from a personal injury accident when Plaintiff allegedly tripped and fell in a pothole as she exited her car in the 900 block of 13th Street in San Diego on May 1, 2019. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.
CS-8 Judith Pfohl v. City of San Diego
San Diego Superior Court Case No. 37-2020-00031287-CU-PO-CTL Risk Management Department Claim File No. 24038
DCA Assigned: K. McGeehan
This case arises from a personal injury accident when Plaintiff allegedly fell out of her wheelchair as she was being pushed across the street at the intersection of Imperial Avenue and 16th Street in San Diego on July 30, 2019. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.
Closed Session Agenda
Tuesday, May 17, 2022