CITY COUNCIL OF THE CITY OF SAN DIEGO
CLOSED SESSION AGENDA
FOR
MONDAY, MAY 15, 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.
CONSENT ITEMS
Staff presentations on the Consent items listed will be waived unless a request is made by any Councilmember for a specific item to be heard in the Discussion portion of the Closed Session agenda. Requests may be made during the meeting by notifying the Mayor or presiding officer.
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-1 Michelle Haulcy v. City of San Diego
San Diego Superior Court Case No. 37-2022-00012180-CU-PO-CTL Risk Management Department Claim File No. 27430
DCA Assigned: J. P. Pearson
This action arises from a trip and fall on a city sidewalk adjacent to a storm drain inlet.
The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.
CS-2 Kenneth Webster v. City of San Diego
San Diego Superior Court Case No. 37-2022-00004131-CU-PO-CTL Risk Management Department Claim File No. 28291
DCA Assigned: N. A. Morales
This case arises from a bicycle accident on July 4, 2021, near 9701 Camino Del Sur in the Del Sur neighborhood. 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):
Closed Session Agenda
Monday, May 15, 2023
CS-3 Pre-Lit Claim – Chhunean Pao
Risk Management Department Claim File No. 28138
DCA Assigned: D. E. Abad
This claim arises from a City’s water main break on Chollas Road, which flooded Claimant’s home and caused alleged property damage. The City Attorney’s Office will update the Mayor and City Council on the status of the matter and seek direction.
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-4 Castellanos, et al. v. State of California, et al.
Court of Appeal, First Appellate District Court Case No. A163655 Risk Management Department Claim File No. N/A
SCDCA Assigned: M. Ankcorn
California voters approved Proposition 22 in November 2020 allowing app-based transportation and delivery companies to treat their drivers as independent contractors and not employees or agents. The City Attorney’s Office will advise the Mayor and City Council on possible amicus participation in support of Plaintiffs’ challenge to Proposition 22 before the California Supreme Court.
DISCUSSION ITEMS
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
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 Closed Session Agenda
Monday, May 15, 2023
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
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):
Closed Session Agenda
Monday, May 15, 2023
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 meeting is to review the City’s position and instruct the City’s designated representatives to meet and confer with the San Diego Police Officers Association (POA) on the terms and conditions related to implementation of administrative appeals of sustained findings of police officer misconduct by the City’s Commission on Police Practices, which will be conducted by the City’s Civil Service Commission in accordance with San Diego City Charter sections 41.2 and 115.
Closed Session Agenda
Monday, May 15, 2023
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-6 Kekoa Young v. City of San Diego, et al.
San Diego Superior Court Case No. 37-2020-00017371-CU-PA-CTL Risk Management Department Claim File No. 23099
SCDCA Assigned: R. A. Stephan
Outside Counsel: J. Buddingh, Gordon & Rees
This case arises from an alleged motor vehicle accident that occurred on July 11, 2019, on Myrtle Avenue and Utah Street, San Diego. 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 – Anticipated Litigation – Initiation of Litigation, pursuant to California Government Code Section 54956.9(d)(4):
CS-7 Number of Cases: One
DCA Assigned: R. A. Sullivan
The City Attorney will discuss the potential to initiate litigation and seek direction.
Consultation with San Diego’s Chief Information Security Officer – Threat to Public Services or Facilities, pursuant to California Government Code Section 54957(a):
CS-8 Threat to Public Services or Facilities
DCA Assigned: S. R. Lastomirsky
The Department of Information Technology’s Chief Information Security Officer, Chief Information Officer, Cyber Security Manager, Enterprise Applications Manager, and Assistant Deputy Director and the City’s CFO will present a confidential report to City Council on cyber security threats and high-risk legacy applications that should be prioritized for replacement based on risk assessments. The confidential report will provide visibility of budget priorities for legacy applications and information on risks impacting technology, business operations, and cyber security.