REVISED
CITY COUNCIL OF THE CITY OF SAN DIEGO
CLOSED SESSION AGENDA
FOR
MONDAY, SEPTEMBER 18, 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. R310153 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 ITEM
Staff presentations on the Consent items listed below 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 Arthur Aragon v. City of San Diego, et al.
San Diego Superior Court Case No. 37-2020-00042161-CU-CR-CTL Risk Management Department Claim File No. 22308
DCA Assigned: K. McGeehan
This case arises out of a fall occurring at SDCCU Stadium on October 27, 2018. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.
Closed Session Agenda
Monday, September 18, 2023
2 DISCUSSION ITEMS
Conference with Labor Negotiators, pursuant to California Government Code section 54957.6:
CS-2 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
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 James Gartland, Lifeguard Chief, Fire-Rescue Department Closed Session Agenda
Monday, September 18, 2023
3 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 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) regarding the invalidation of Proposition B (Prop B) and plan to return employees to the San Diego City Employees’ Retirement System.
Closed Session Agenda
Monday, September 18, 2023
4 Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-3 San Diego Police Officers’ Ass’n v. City of San Diego San Diego Superior Court Case No. 37-2023-0003350-CU-JR-CTL Risk Management Department Claim File No. 34229
DCA Assigned: B. P. Syz
This case involves a claim by the San Diego Police Officers’ Association alleging the City continues to enforce Proposition B despite it having been declared null and void by Superior Court Judgment on February 5, 2021. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.
CS-4 Miguel Angel Pizarro, v. Trevor James Heitmann, et al. (consolidated with Angelo Pizarro v. Trevor James Heitmann, et al. and Kurt Heitmann v. City of San Diego, et al.)
San Diego Superior Court Case No. 37-2019-00039360-CU-PA-CTL (consolidated with San Diego Superior Court Case Nos. 37-2019-00044450- CU-PA-CTL and 37-2019-00060502-CU-PA-CTL)
Risk Management Department Claim File No. 21367
SCDCA Assigned: S. J. Plotkin-Wolff
This case involves allegations the City violated a mandatory duty concerning mental health evaluations that eventually led to a fatal two-car collision. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.
CS-5 Patricia Flores v. City of San Diego
(consolidated with Angelica Sanchez v. City of San Diego) San Diego Superior Court Case No. 37-2017-00049108-CU-PA-CTL (consolidated with San Diego Superior Court Case No. 37-2018-00013595-
CU-PA-CTL)
Risk Management Department Claim File No. 16983
CDCA Assigned: J. J. McQuarrie
This is a wrongful death and negligence case involving a police pursuit which occurred on March 26, 2017. A motorcyclist died and his passenger suffered severe orthopedic injuries at the conclusion of the pursuit. The City Closed Session Agenda
Monday, September 18, 2023
5 Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.
CS-6 Thomas Bell, et al. v. City of San Diego, et al.
San Diego Superior Court Case No. 37-2023-00003890 CU-PO-CTL Risk Management Department Claim File No. 30595
Assigned: K. McGeehan, DCA and R. A. Stephan, SCDCA
This case arises from an alleged accident that occurred on July 26, 2022, involving Plaintiff and a San Diego Fire-Rescue Department truck operated by a City employee. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.
CS-7 Alliance San Diego v. City of San Diego, et al.
San Diego Superior Court Case No. 37-2021-00024590-CU-MC-CTL Risk Management Department Claim File No. 23992
DCA Assigned: T. L. Krentz
This case arises from a validation action following the election results for Measure C, a citizens’ initiative to raise an occupancy tax on overnight lodging facilities to fund street repairs, homelessness programs, and a convention center expansion. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.
CS-8 Daniel Vander Meer v. City of San Diego, et al.
San Diego Superior Court Case No. 37-2020-00038094-CU-PA-CTL Risk Management Department Claim File No. 24528
DCA Assigned: M. T. Neff
This case involves a car accident at the uncontrolled intersection of Catalina Boulevard and Del Mar Avenue in San Diego that Plaintiff alleges was caused by a dangerous condition of public property. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.
CS-9 City of Grants Pass, Oregon v. Gloria Johnson, et al.
United States Supreme Court Case No. 23-175
Risk Management Department Claim File No. N/A
CDCA Assigned: T. L. Krentz
Closed Session Agenda
Monday, September 18, 2023
6 The United States Court of Appeals for the Ninth Circuit held that an Oregon city’s enforcement of an ordinance prohibiting camping on public property violated the Eighth Amendment. The City of Grants Pass subsequently filed a petition for writ of certiorari to the United States Supreme Court. The City Attorney’s Office will advise the Mayor and City Council on possible participation in this litigation as amicus curiae in support of the City of Grants Pass.
Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation, pursuant to California Government Code section 54956.9:
CS-10 Number of Cases: One
Assigned: M. T. Phelps, ACA and B. P. Syz, DCA
The City Attorney will discuss the potential to initiate litigation and seek direction.