Closed Session Agenda — San Jose City Council, June 6, 2023

S
AN JOSÉ CITY COUNCIL CLOSED SESSION AGENDA
June 6, 2023
Place:

Time:

City Hall Conference Room W-133
9:00 a.m.

Item(s) to be discussed:

A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1):

1. Case Name: Rubalcava, Li onel v. City of San Jose, et al.

N ame(s) of Party(ies) LIONEL RUBALCAVA, CITY OF SAN JOSE,

JOSEPH PEREZ, RAFAEL NIEVES, RAMON

AVALOS, RAN BALDAL, STEVEN SPILLMAN,

TOPUI FONUA, LIEUTENANT TIBBET,

EDGARDO GARCIA, MICHAEL BROWN, RICH
TORRES, SERGEANT HAFLEY.

C ourt: U.S. District Court, Northern District of California C
ase No: 5:20-CV-04191-BLF
A
mount of Money or Other
Relief Sought:

Damages exceeding $25,000

2. Case Name: Johnson, Kyle v. City of San Jose, et al.

Name(s) of Party(ies) KYLE JOHNSON, AN INDIVIDUAL, CITY OF SAN JOSE, A CALIFORNIA CHARTER CITY;
DOES 1 THROUGH 50
Court: U.S. District Court; District of Northern California Case No: 5:21-cv-01849-BLF
Amount of Money or Other
Relief Sought:

Damages according to proof

NORA FRIMANN, CITY ATTORNEY

3. Case Name: Blevins, Lisa v. City of San José
Name(s) of Party(ies) LISA BLEVINS, CITY OF SAN JOSÉ
Court: Superior Court of California, County of Santa
Clara
Case No: 1-14-CV270060
Amount of Money or Other
Relief Sought:

Appeal

4. Case Name County Sanitation District 2-3, et a. v. City, et al.

Name(s) of Party(ies) COUNTY SANITATION DISTRICT 2-3; WEST VALLEY SANITATION DISTRICT; BURBANK
SANITARY DISTRICT; CUPERTINO SANITARY
DISTRICT; CITY OF MILPITAS, CITY OF SAN
JOSE, CITY OF SANTA CLARA; and DOES 1-
50, inclusive
Court: Superior Court of California, County of Santa
Clara, Unlimited Jurisdiction
Case No: 18-CV-325480
Amount of Money or Other
Relief Sought:

Damages according to proof

B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION:

Significant exposure to litigation pursuant to Sections 54956.9(d)(2) and (e)(1) of the Government code:

Number of matter(s) to be discussed: 1

CONFERENCE WITH REAL PROPERTY DESIGNATED REPRESENTATIVES PURSUANT TO GOVERNMENT CODE SECTION 54956.8:

1. Property Street Address, Parcel
Number, or Other Unique
Reference of Property:
1300 Berryessa Road, San Jose, California,
95133.

Negotiating Parties: Omar Passons, Nanci Klein, and Kevin Ice on behalf of the City of San Jose; Craig Kovaleski of
CBRE, on behalf of the property owner Terreno
Berryessa, LLP.

Under Negotiation: The direction will concern price and terms of payment.

Likely Range of Value of
Property:

Negotiated price based present comparable
property values, potential use of and
improvements to the property, and unique terms
of the lease.

D. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6:

City Negotiator: Jennifer Schembri, Director of Employee Relations Employee Organizations:

1. Organization or Name and Title
of Unrepresented Employees: Association of Building, Mechanical and Electrical Inspectors (ABMEI)
Nature of negotiations: wages/salaries, hours, working conditions, etc.

Name of Existing Contract or
MOA:

Memorandum of Agreement – City of San José
and Association of Building, Mechanical and
Electrical Inspectors (ABMEI)
How to Obtain a copy of Existing
Contract or MOA: