CITY COUNCIL OF THE CITY OF SAN DIEGO
CLOSED SESSION AGENDA
FOR
TUESDAY, OCTOBER 18, 2022, AT 11:00 AM
CITY ADMINISTRATION BUILDING
COUNCIL CHAMBERS – 12TH FLOOR
202 “C” STREET
SAN DIEGO, CA 92101
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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: Estate of Timothy Smith, et al. v. City of San Diego, et al.
United States District Court Case No. 16cv2989 WQH (MSB) Risk Management Department Claim File No. 27247
DCA Assigned: T. L. Krentz
This case arises from an officer-involved shooting death of Timothy Smith on November 4, 2015, in Pacific Beach. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.
CS-2 Sriloga Kathirelavan v. City of San Diego
San Diego Superior Court Court Case No. 37-2021-00015045-CU-PO-CTL Risk Management Department Claim File No. 26043
DCA Assigned: K. R. Yee
Plaintiff alleges she sustained injuries as a result of a falling lamppost located at Ocean Air Community Park. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.
CS-3 Protection for the Educational Rights of Kids v. City of San Diego San Diego Superior Court Case No. 37-2022-00003636-CU-CR-CTL Risk Management Department Claim File No. 28912
DCA Assigned: J. Cadieux
Closed Session Agenda
Tuesday, October 18, 2022
Plaintiff contends the City’s COVID-19 vaccine Ordinance O-21398 violates its members’ Constitutional rights to privacy and bodily autonomy. Plaintiff requests the Court declare the Ordinance unconstitutional and issue an injunction prohibiting the City from enforcing its provisions. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.
Conference with Legal Counsel – Significant Exposure to Litigation, pursuant to California Government Code Section 54956.9(d)(2):
CS-4 Air Pollution Control District Notices of Violation Notice of Violation No. APCD2019-NOV-000197 (Fire-Rescue Training Facility) Notice of Violation No. APCD2019-NOV-000702 (101 Ash)
Notice of Violation No. APCD2020-NOV-000062 (101 Ash)
Notice of Violation No. APCD2020-NOV-000067 (101 Ash)
Notice of Violation No. APCD2020-NOV-000100 (101 Ash)
ACA Assigned: J. McNeill, Assistant City Attorney
DCA Assigned: L. M. DePoister, Deputy City Attorney
This matter arises from five Notices of Violation issued by the Air Pollution Control District for alleged asbestos violations at the Fire-Rescue training facility and 101 Ash Street. The City Attorney’s Office will update the Mayor and City Council on the status of the Notices of Violation and seek direction.