THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE SPECIAL COUNCIL MEETING
OF
TUESDAY, FEBRUARY 22, 2022
AT 9:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
-VIRTUAL MEETINGTable of Contents
CHRONOLOGY OF THE MEETING..........................................................................................2 ATTENDANCE DURING THE MEETING...................................................................................2 ROLL CALL ..........................................................................................................................2 SPECIAL CLOSED SESSION...................................................................................................3 REPORT OUT FROM CLOSED SESSION..................................................................................5 ADJOURNMENT ...................................................................................................................5 Minutes of the Council of the City of San Diego Page 2
for the Special Meeting of Tuesday, February 22, 2022
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 9:00 a.m. Councilmember Campbell arrived to the meeting at 9:15 a.m. Council President Elo-Rivera recessed the meeting at 9:49 a.m. into the Special Closed Session. Council President Elo-Rivera reconvened the meeting at 1:52 p.m. with Councilmember Cate, Councilmember Campillo, and Councilmember Moreno not present. The meeting was adjourned by Council President EloRivera at 1:54 p.m.
ATTENDANCE DURING THE MEETING
PRESENT:
*CD-1 Councilmember Joe LaCava
CD-2 Councilmember Jennifer Campbell
*CD-3 Councilmember Stephen Whitburn
CD-4 Council President Pro Tem Monica Montgomery Steppe *CD-5 Councilmember Marni von Wilpert
*CD-6 Councilmember Chris Cate
*CD-9 Council President Sean Elo-Rivera
ABSENT:
CD-7 Councilmember Raul A. Campillo
CD-8 Councilmember Vivian Moreno
CITY CLERK:
Maland (gs)
*NOTE: Councilmember LaCava, Councilmember Whitburn, Councilmember von Wilpert, Councilmember Cate, and Council President Elo-Rivera attended in person.
ROLL CALL
(1) Councilmember LaCava-present
(2) Councilmember Campbell-not present
(3) Councilmember Whitburn-present
(4) Council President Pro Tem Montgomery Steppe-present (5) Councilmember von Wilpert-not present
(6) Councilmember Cate-present
(7) Councilmember Campillo-not present
(8) Councilmember Moreno-not present
(9) Council President Elo-Rivera-present
Minutes of the Council of the City of San Diego Page 3
for the Special Meeting of Tuesday, February 22, 2022
SPECIAL CLOSED SESSION
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
REFERRED TO SPECIAL CLOSED SESSION OF TUESDAY, FEBRUARY 22, 2022 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.
COUNCIL ACTION: Start Time: 9:03 AM
Public testimony by Martha Sullivan, Michael Aguirre, Lori Saldaña, John Stump, Dulce Coronel, Paul Krueger, Elijah Gaglio, Kelly McCormick, Katheryn Rhodes, Francine Maxwell, Tasha Williamson, and Daniel Smiechowski.
Council President Elo-Rivera closed the hearing.
SCS-2 John 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
REFERRED TO SPECIAL CLOSED SESSION OF TUESDAY, FEBRUARY 22, 2022 ACA Assigned: J. McNeill
SCDCA Assigned: M. T. Phelps
Outside Counsel: Dick Semerdjian, Schwartz Semerdjian
Minutes of the Council of the City of San Diego Page 4
for the Special Meeting of Tuesday, February 22, 2022
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.
COUNCIL ACTION: Start Time: 9:03 AM
Public testimony by Martha Sullivan, Michael Aguirre, Lori Saldaña, John Stump, Dulce Coronel, Kelly McCormick, Katheryn Rhodes, and Daniel Smiechowsk.
Council President Elo-Rivera closed the hearing.
SCS-3 City of San Diego v. CCP 1200, LLC, et al.
San Diego Superior Court Case No. 37-2021-00028026-CU-FR-CTL REFERRED TO SPECIAL CLOSED SESSION OF TUESDAY, FEBRUARY 22, 2022 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.
COUNCIL ACTION: Start Time: 9:03 AM
Public testimony by Martha Sullivan, Lori Saldaña, John Stump, Kelly McCormick, and Katheryn Rhodes.
Council President Elo-Rivera closed the hearing.
REPORT OUT FROM CLOSED SESSION
None.
Minutes of the Council of the City of San Diego Page 5
for the Special Meeting of Tuesday, February 22, 2022
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 1:54 p.m.
COUNCIL ACTION: Start Time: 1:54 PM