CITY COUNCIL OF THE CITY OF SAN DIEGO
CLOSED SESSION AGENDA
FOR
TUESDAY, JULY 26, 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 Labor Negotiators, pursuant to California Government Code Section 54957.6:
CS-1 City 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
Angela Colton, 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 Closed Session Agenda
Tuesday, July 26, 2022
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 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 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:
Deputy City Attorneys Association (DCAA)
San Diego Municipal Employees’ Association (MEA)
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 negotiations with the City’s recognized employee organizations San Diego Municipal Employees’ Association and Deputy City Attorneys Association in regards to a proposed ballot measure to amend the City Charter to provide independent legal counsel to the Office of the City Auditor and Audit Committee.
Closed Session Agenda
Tuesday, July 26, 2022
CS-2 City 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
Angela Colton, 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 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 Closed Session Agenda
Tuesday, July 26, 2022
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:
San Diego Police Officers Association (SDPOA)
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 Negotiation Team regarding the meet and confer with the Police Officers Association (POA) related to the Commission on Police Practices.
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-3 Jose Valdez v. City of San Diego, et al.
San Diego Superior Court Case No. 37-2021-00015617-CU-PA-CTL Risk Management Department Claim File No. 25760
DCA Assigned: J. Cadieux
Plaintiff claims to have sustained injuries in an automobile accident involving a City of San Diego-owned vehicle driven by a City employee, which occurred at the intersection of El Cajon Boulevard and Utah Street in the North Park area of San Diego on August 18, 2020. The City Attorney’s Office will update the Mayor and City Council on the status of this litigation and seek direction.
CS-4 Miller Marks v. City of San Diego
San Diego Superior Court Case No. 37-2018-00014112-CU-MC-CTL Risk Management Department Claim File No. 18598
SDCA Assigned: M. Wharton
Closed Session Agenda
Tuesday, July 26, 2022
This case arises from the City of San Diego’s allocation of funding for the Advanced Metering Infrastructure capital improvement project and for meter reading between the water and sewer enterprises. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.
CS-5 City of South Miami v. Ron DeSantis
United States District Court Case No. 3:21-13657
DCA Assigned: T. Krentz
Plaintiffs filed a lawsuit challenging a Florida law banning local governments from adopting sanctuary policies of any kind. Plaintiffs argue the law violates the Fourteenth Amendment’s Equal Protection Clause. The City Attorney’s Office will advise the Mayor and City Council on possible participation as amicus curiae in support of Plaintiffs.
CS-6 Louisiana v. Centers for Disease Control and Prevention United States District Court Case No. 3:22-30303
DCA Assigned: T. Krentz
The Centers for Disease Control and Preventing (CDC) ended health and safety restrictions imposed on immigration during the height of the pandemic. Some states sued, alleging that increased immigration harms them and that the CDC did not follow the procedure required to terminate the restrictions. The City Attorney’s Office will advise the Mayor and City Council on possible participation as amicus curiae in support of Defendant, the federal government.
CS-7 City of San Diego v. Burke, Williams & Sorensen, LLP et al.
San Diego Superior Court Case No. 37-2022-00027553-CU-PN-CTL ACA Assigned: M. T. Phelps
This is a City of San Diego-initiated lawsuit against Burke, Williams & Sorensen, LLP and William R. Price for professional negligence/legal malpractice, breach of contract, and breach of fiduciary duty related their representation of the City in a previous legal matter. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.