CITY COUNCIL OF THE CITY OF SAN DIEGO
CLOSED SESSION AGENDA
FOR
MONDAY, FEBRUARY 26, 2024, AT 10:00 AM
CITY ADMINISTRATION BUILDING
COUNCIL CHAMBERS – 12TH FLOOR
202 “C” STREET
SAN DIEGO, CA 92101
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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. N/A
ACA Assigned: J. McNeill and M. T. Phelps
Outside Counsel: D. Semerdjian and J. Schena, Schwartz Semerdjian This item involves the City’s claims against its contractors for negligent disruption of asbestos during renovations of the 101 Ash Street property. 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. N/A
ACA Assigned: J. McNeill and M. T. Phelps
Outside Counsel: D. Semerdjian and J. Schena, 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 payments.
Plaintiff has appealed the trial court’s ruling that his case is moot. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.
Closed Session Agenda
Monday, February 26, 2024
CS-3 In re: Bird Global, Inc., et al.
U.S. Bankruptcy Court, Southern Dist. of Florida, Miami Division Case No. 23-20514-CLC
Risk Management Department Claim File No. N/A
ACA Assigned: M.T. Phelps and Sr. DCA S. Robinson
Outside Counsel: Steve Berman, Shumaker, and Vincent Renda, Pinnacle Legal, P.C.
This matter involves Bird Global, Inc.’s Chapter 11 bankruptcy filing and its impact on the lawsuits filed against the City arising from incidents involving Bird scooters. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.