1 The information in this document has been extracted from the Council Agenda and is not the official agenda. Per Rules of Council 2.2, the order of the items may change at the discretion of the Chair.
LIST OF AGENDA ITEMS FOR THE SPECIAL COUNCIL MEETING OF TUESDAY, FEBRUARY 22, 2022, 9:00 A.M.
CALL THE MEETING TO ORDER - Council President Elo-Rivera ROLL CALL - City Clerk Maland
PUBLIC COMMENT ON SPECIAL CLOSED SESSION AGENDA
Public testimony will be taken on the following Closed Session items.
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
SCS-1City 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-2John A. Gordon v. 101 Ash, LLC, et al.
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.
2 SCS-3City 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.
RECESS INTO CLOSED SESSION