CITY COUNCIL OF THE CITY OF SAN DIEGO
CLOSED SESSION AGENDA
FOR
MONDAY, OCTOBER 14, 2024, AT 10:00 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 Coziahr v. Otay Water District
San Diego Superior Court Case No. SDSC 37-2015-000400000-CU-MC-CTL Court of Appeal, Fourth Appellate District, Division 1, Case Nos. D081606 & D081099 California Supreme Court Case No. S286596
Risk Management Department Claim File No. 12386
DCA Assigned: C. Hawkins
Outside Counsel: M. A. Wharton, Sr. Counsel, Colantuono, Highsmith & Whatley, PC Plaintiffs obtained a judgment against Otay Water District finding that Otay Water District’s tiered water rates violate Proposition 218. Judgement was affirmed by the Court of Appeal. The Otay Water District has petitioned for review by the California Supreme Court. The City Attorney’s Office will update the Mayor and City Council regarding possible Amicus participation.
CS-2 Daniel Patz, et al. v. City of San Diego
San Diego Superior Court Case No. SDSC 37-2015-00023413-CU-MC-CTL Court of Appeal, Fourth Appellate District, Division 2, Case No. E083543 Risk Management Department Claim File No. 12386
DCA Assigned: C. Hawkins
Outside Counsel: M. A. Wharton, Sr. Counsel, Colantuono, Highsmith & Whatley, PC Closed Session Agenda
Monday, October 14, 2024
This class action case alleges the City violated Proposition 218 by charging tiered water rates to single family residential water customers and seeks refunds. The City Attorney’s Office will update the Mayor and City Council regarding the status of the litigation considering the appellate decision in Coziahr v. Otay Water District and seek direction.
Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation, pursuant to California Government Code Section 54956.9(d)(4):
CS-3 Number of Cases: One
SCDCA Assigned: M. Ankcorn
Outside Counsel: D. Casey, Casey Gerry Schenk Francavilla Blatt & Penfield LLP The City Attorney will discuss the potential to initiate litigation and seek direction