CITY COUNCIL OF THE CITY OF SAN DIEGO
SPECIAL CLOSED SESSION AGENDA
FOR
MONDAY, NOVEMBER 13, 2023, AT 8:00 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 8:00 a.m. Council meeting.
CONSENT ITEMS
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 during 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):
SCS-1 Brookie Rocha v. City of San Diego, et al.
United States District Court Case No. 23-CV-0885-CAB-JLB Risk Management Department Claim File No. 29254
CDCA Assigned: J. J. McQuarrie
This case arises from an alleged failure to provide medical care following an officer’s use of pepper spray against Plaintiff on March 5, 2022. Plaintiff claims the officers did not wash her eyes out with water, causing her to suffer an allergic reaction.
Plaintiff also alleges the officers failed to properly secure her diamond necklace, which was lost during transport. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.
SCS-2 Samuel Ellis v. City of San Diego, et al.
San Diego Superior Court Case No. 37-2022-00032566-CU-PO-CTL Risk Management Department Claim File No. 29108
DCA Assigned: D. E. Abad
In this case, plaintiff alleges they were walking on a sidewalk near 3059 Ocean View Boulevard when they tripped and fell, injuring themselves. 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, November 13, 2023
SCS-3 Pre-Lit – Morena Smog, LLC
Risk Management Department Claim File No. 30765
DCA Assigned: D. E. Abad
This claim arises from a break in the City’s water main on Morena Road, which flooded Claimant’s business 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.
SCS-4 Pre-Lit – ESIS aso The Irvine Company
Risk Management Department Claim File No. 30765
DCA Assigned: D. E. Abad
This claim arises from a break in the City’s water main on Fenton Parkway, which flooded Claimant’s business 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):
SCS-5 Ronald Drobeck v. City of San Diego
San Diego Superior Court Case No. 37-2019-00055963-CU-BC-CTL Risk Management Department Claim File No. 20956
DCA Assigned: J. K. Goodman
In this case, Ronald Drobeck seeks to enforce provisions in an Exchange Agreement entered with the City in 1999. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.
DISCUSSION ITEMS
Conference with Labor Negotiators pursuant to California Government Code Section 54957.6:
SCS-6 City Designated Management Team Representatives:
Timothy Davis, Burke, Williams, & Sorensen LLP, Labor Negotiation Consultant Mark Wilson, Burke, Williams, & Sorensen LLP, Labor Negotiation Consultant Eric K. Dargan, Chief Operating Officer
Closed Session Agenda
Monday, November 13, 2023
Matthew Vespi, Chief Financial Officer
Kris McFadden, Deputy Chief Operating Officer
Kristina Peralta, Deputy Chief Operating Officer
Casey Smith, 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 Jonnabelle Domingo, Supervising Human Resources Officer, Human Resources Department
Dan Mottola, Supervising Human Resources Officer, Human Resources Department Erik Hanson, 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 Jennifer Manos, Senior Human Resources Officer, Human Resources Department Kawanda McLendon, Senior Human Resources Officer, Human Resources Department
Walter Castillo, Senior Human Resources Officer, Human Resources Department Sophia Williams, Senior Human Resources Officer, Human Resources Department Linda Chambers, Senior Human Resources Officer, Human Resources Department Scott Harris, Program Coordinator, Human Resources Department Brian Mallard, Program Coordinator, Human Resources Department Angela Colton, Director, Risk Management Department
Quennelle Allen, Deputy Director, 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 Chris Purcell, Financial Operations Manager, 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 Virgilio Afan Jr., Program Coordinator, Department of Finance Colin Stowell, Fire Chief, Fire-Rescue Department
David Gerboth, Assistant Fire Chief Fire-Rescue Department John Wood, Assistant Fire Chief, Fire-Rescue Department James Gartland, Lifeguard 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 M. Travis Phelps, Assistant City Attorney, Office of the City Attorney, solely for negotiations with the Deputy City Attorneys Association 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 Closed Session Agenda
Monday, November 13, 2023
Following Management Team representatives to execute tentative agreements and memoranda of understanding reached in meet and confer, and to present all tentative agreements and memoranda of understanding reached in meet and confer to the Council for final determination and approval by the Council as to policy and the City Attorney as to form or correctness:
Timothy Davis, Burke, Williams, & Sorensen LLP, Labor Negotiation Consultant Mark Wilson, Burke, Williams, & Sorensen LLP, Labor Negotiation Consultant Eric K. Dargan, Chief Operating Officer
Matthew Vespi, Chief Financial Officer
Alia Khouri, Deputy Chief Operating Officer
Julie Rasco, Director, Human Resources Department
Abby Jarl-Veltz, Assistant Director, Human Resources Department Jonnabelle Domingo, Supervising Human Resources Officer, Human Resources Department
Designated as representatives within the meaning of California Government Code Section 54957.6(a):
Charles Modica, Independent Budget Analyst, Office of the Independent Budget Analyst
Jillian Andolina, Deputy Director, Office of the Independent Budget Analyst Lisa Byrne, Fiscal and Policy Analyst, Office of the Independent Budget Analyst Baku Patel, Fiscal and Policy Analyst, Office of the Independent Budget Analyst, solely for negotiations with the San Diego City Firefighters, I.A.F.F., Local 145, and California Teamsters Local 911
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)
San Diego City Firefighters, International Association of Fire Fighters (I.A.F.F.), Local 145
San Diego Municipal Employees’ Association (MEA)
San Diego Police Officers Association (SDPOA)
Teamsters, Local 911 (Teamsters)
Closed Session Agenda
Monday, November 13, 2023
ACA Assigned: Jim McNeill
The purpose of this closed session meeting is to review the City’s position and provide an update regarding meet and confer on the proposed ballot measure to amend the City Charter to reform the City’s recruitment and hiring processes by, in part, eliminating the duplication of activities between the Personnel Department and the Human Resources Department.
SCS-7 City Designated Management Team Representatives:
Timothy Davis, Burke, Williams, & Sorensen LLP, Labor Negotiation Consultant Mark Wilson, Burke, Williams, & Sorensen LLP, Labor Negotiation Consultant Eric K. Dargan, Chief Operating Officer
Matthew Vespi, Chief Financial Officer
Kris McFadden, Deputy Chief Operating Officer
Kristina Peralta, Deputy Chief Operating Officer
Casey Smith, 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 Jonnabelle Domingo, Supervising Human Resources Officer, Human Resources Department
Dan Mottola, Supervising Human Resources Officer, Human Resources Department Erik Hanson, 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 Jennifer Manos, Senior Human Resources Officer, Human Resources Department Kawanda McLendon, Senior Human Resources Officer, Human Resources Department
Walter Castillo, Senior Human Resources Officer, Human Resources Department Sophia Williams, Senior Human Resources Officer, Human Resources Department Linda Chambers, Senior Human Resources Officer, Human Resources Department Scott Harris, Program Coordinator, Human Resources Department Brian Mallard, Program Coordinator, Human Resources Department Angela Colton, Director, Risk Management Department
Quennelle Allen, Deputy Director, 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 Chris Purcell, Financial Operations Manager, 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 Virgilio Afan Jr., Program Coordinator, Department of Finance Colin Stowell, Fire Chief, Fire-Rescue Department
David Gerboth, Assistant Fire Chief Fire-Rescue Department Closed Session Agenda
Monday, November 13, 2023
John Wood, Assistant Fire Chief, Fire-Rescue Department James Gartland, Lifeguard 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 M. Travis Phelps, Assistant City Attorney, Office of the City Attorney, solely for negotiations with the Deputy City Attorneys Association 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 Following Management Team representatives to execute tentative agreements and memoranda of understanding reached in meet and confer, and to present all tentative agreements and memoranda of understanding reached in meet and confer to the Council for final determination and approval by the Council as to policy and the City Attorney as to form or correctness:
Timothy Davis, Burke, Williams, & Sorensen LLP, Labor Negotiation Consultant Mark Wilson, Burke, Williams, & Sorensen LLP, Labor Negotiation Consultant Eric K. Dargan, Chief Operating Officer
Matthew Vespi, Chief Financial Officer
Alia Khouri, Deputy Chief Operating Officer
Julie Rasco, Director, Human Resources Department
Abby Jarl-Veltz, Assistant Director, Human Resources Department Jonnabelle Domingo, Supervising Human Resources Officer, Human Resources Department
Designated as representatives within the meaning of California Government Code Section 54957.6(a):
Charles Modica, Independent Budget Analyst, Office of the Independent Budget Analyst
Jillian Andolina, Deputy Director, Office of the Independent Budget Analyst Lisa Byrne, Fiscal and Policy Analyst, Office of the Independent Budget Analyst Baku Patel, Fiscal and Policy Analyst, Office of the Independent Budget Analyst, solely for negotiations with the San Diego City Firefighters, I.A.F.F., Local 145, and California Teamsters Local 911
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 Closed Session Agenda
Monday, November 13, 2023
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: Jim 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.
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
SCS-8 The People of the State of California and City of San Diego v. 3M Co., et al.
San Diego Superior Court Case No. 37-2022-00017958-CU-PO-CTL Risk Management Department Claim File No. N/A
DCA Assigned: J. Rau
Outside Counsel: Kyle J. McGee, Grant & Eisenhofer
David S. Casey Jr., Casey Gerry Schenk Francavilla Blatt & Penfield, LLP
Gary A. Praglin, Cotchett, Pitre & McCarthy
This case arises from 3M, Dupont, and various other chemical companies’ toxic firefighting foams that have contaminated drinking water supplies in San Diego for decades. The lawsuit asserts the firefighting foams used a class of chemicals which are considered “forever chemicals” because they do not break down into harmless components over time. The costs of removing these chemicals from the environment are expected to be substantial. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.