CITY COUNCIL OF THE CITY OF SAN DIEGO
CLOSED SESSION AGENDA
FOR
MONDAY, MARCH 20, 2023, AT 10:00 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 and M. T. Phelps
Outside Counsel: Schwartz Semerdjian
This is a City of San Diego-initiated action for violation of Government Code section 1090 related to the lease-to-own contract the City entered regarding the 101 Ash Street property. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.
CS-2 City of San Diego v. CCP 1200, LLC et al.
San Diego Superior Court Case No. 37-2021-00028026-CU-FR-CTL Risk Management Department Claim File No. 28384
ACAs Assigned: J. McNeill and M. T. Phelps
Outside Counsel: Schwartz Semerdjian
This is a City of San Diego-initiated action for violation of Government Code section 1090 related to the lease-to-own contract the City entered regarding the Civic Center Plaza building located at 1200 Third Avenue and 201 A Street. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.
CS-3 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 and M. T. Phelps
Closed Session Agenda
Monday, March 20, 2023
Outside Counsel: 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 payments.
The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.
CS-4 Barry Allred v. City of San Diego
San Diego Superior Court Case No. 37-2021-00030939-CU-WM-CTL Risk Management Department Claim File No. 27172
SDCA Assigned: M. A. Wharton
This case arises from the City's charges for the Public Utility Department's Industrial Wastewater Control Program. 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-5 City Designated Management Team Representatives:
Timothy Davis, Burke, Williams, & Sorensen LLP, Labor Negotiation Consultant Eric Dargan, 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
Kawanda McLendon, Program Manager, Human Resources Department Manuel Quintero, Senior Human Resources Officer, Human Resources Department
Abegaile Serafico, Senior Human Resources Officer, Human Resources Department
Closed Session Agenda
Monday, March 20, 2023
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 Benjamin Battaglia, Assistant Director, Department of Finance Jeffrey Peelle, Assistant Director, Department of Finance 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 Robert Logan, 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 Closed Session Agenda
Monday, March 20, 2023
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 meeting is to review the City’s position and instruct the City’s designated representatives to meet and confer over the terms and conditions related to successor Memoranda of Understanding with the American Federation of State, County, and Municipal Employees, Local 127 (Local 127); Deputy City Attorneys Association of San Diego (DCAA); and San Diego Municipal Employees Association (MEA).