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Agenda, closed session

San Diego City Council
April 26, 2022

Document
Agenda, closed session
Meeting
April 26, 2022
Body
San Diego City Council
Pages
2
Original file
52 KB
Text extracted from the city's file for reading and search. Open the original on sandiego.hylandcloud.com. That file is the official record.

CITY COUNCIL OF THE CITY OF SAN DIEGO

CLOSED SESSION AGENDA
FOR
TUESDAY, APRIL 26, 2022, AT 11:00 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 10:00 a.m. Council meeting.

Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):

CS-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 a 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.

CS-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
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 Closed Session Agenda
Tuesday, April 26, 2022

Page 2 ends

Diego payments. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.

CS-3 City of San Diego v. CCP 1200, LLC, et al.

San Diego Superior Court Case No. 37-2021-00028026-CU-ER-CTL Risk Management Department Claim File No. 28384
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 a 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.

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