THE CITY OF SAN DIEGO
OFFICE OF COUNCIL PRESIDENT SEAN ELO-RIVERA
NINTH DISTRICT
M E M O R A N D U M
DATE: February 16, 2022
TO: Honorable City Councilmembers
FROM: Council President Sean Elo-Rivera, District 9
SUBJECT: Special City Council Meeting (Open and Closed Sessions) __________________________________________________________________________________________ ___________________
The City Council will convene for a Special Meeting on Tuesday, February 22, 2022 at 9 a.m. This Special Meeting will provide the public with an opportunity to comment on the closed session agenda in open session prior to the City Council convening into closed session.
After taking public comment in open session, the City Council will convene for a Special Closed Session on Tuesday, February 22, 2022 at 10 a.m. or shortly thereafter.
California Government Code Section 54956.9(a) permits a legislative body to have a closed session “to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the local agency in the litigation.” The agenda for the Special Closed Session is the following:
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
SCS-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
ACA Assigned: J. McNeill
SCDCA Assigned: M. T. Phelps
Outside Counsel: Dick Semerdjian, Schwartz Semerdjian
This is a City of San Diego-initiated action for violation of California Government Code section 1090 seeking a judicial declaration that the lease-to-own contract the City entered related to the 101 Ash Street property is void under the conflicts of interest law. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.
SCS-2 John A. Gordon v. 101 Ash, LLC, et al.
Tuesday, February 22, 2022
Page: 2
San Diego Superior Court Case No. 37-2020-00028837-CU-FR-CTL Risk Management Department Claim File No. 25928
ACA Assigned: J. McNeill
SCDCA Assigned: M. T. Phelps
Outside Counsel: Dick Semerdjian, 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 of San Diego payments. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.
SCS-3 City of San Diego v. CCP 1200, LLC, et al.
San Diego Superior Court Case No. 37-2021-00028026-CU-FR-CTL ACA Assigned: J. McNeill
SCDCA Assigned: M. T. Phelps
Outside Counsel: Dick Semerdjian, Schwartz Semerdjian
This is a City of San Diego-initiated action for violation of California Government Code section 1090 seeking a judicial declaration that the lease-to-own contract the City entered related to the Civic Center Plaza building located at 1200 Third Avenue and 201 A Street is void under the conflicts of interest law. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.
If you have questions, please contact Haley Lesser, Director of Legislative Affairs, at 619-533-3920 or [email protected].
cc: Honorable Mayor Todd Gloria
Honorable City Attorney Mara Elliott
Jeff Kawar, Interim Independent Budget Analyst
Elizabeth Maland, City Clerk