CITY COUNCIL OF THE CITY OF SAN DIEGO
CLOSED SESSION AGENDA
FOR
MONDAY, DECEMBER 09, 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. Court records about existing litigation are available to the public on the San Diego Superior Court’s Website http://www.sdcourt.ca.gov and Register of Actions http://odyroa.sdcourt.ca.gov.
CONSENT ITEM
Staff presentations on the Consent items listed will be waived unless a request is made by any Councilmember for a specific item to be heard in the Discussion portion of the Closed Session agenda. Requests may be made during the meeting by notifying the Mayor or presiding officer.
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-1 Philadelphia Indemnity Insurance Co. v. City of San Diego San Diego Superior Court Case No. 37-2023-00055073-CU-MC-CTL Risk Management Department Claim File No. 29091
DCA Assigned: H. R. Whitehead
This case relates to an inverse condemnation subrogation claim that private property located at 11860 Carmel Creek Road was damaged by the City’s water utilities on February 15, 2022. The City Attorney’s Office will update the Mayor and the City Council on the status of the litigation and seek direction.
DISCUSSION ITEMS
CS-2 January 2024 Flooding Cases
1. Montoya, Gregory, et. al. v. City of San Diego, San Diego Superior Court (SDSC) Case No. 37-2024-00021327
2. Apgar, Lloyd, et al. v. City of San Diego, SDSC Case No. 37-2024-00024491
3. Coastal Pride Towing, Inc. v. City of San Diego, SDSC Case No. 37-2024-00023296
4. Hampton, Angela v. City of San Diego, SDSC Case No. 24CU000134C
5. Dandoy, Renato, et al. v. City of San Diego, SDSC Case No. 37-2024-00030662
6. Ortiz, Misael, et al. v. City of San Diego, SDSC Case No. 24CU000267C Closed Session Agenda
Monday, December 9, 2024
7. Rodriguez, Cristian, et al. v. County of San Diego, et al., SDSC Case No. 24CU000273C
8. Rodriguez, Timoteo, et al. v. County of San Diego, et al., SDSC Case No. 24CU000278C
9. Gonzales, Francisco, et al. v. City of San Diego, SDSC Case No. 24CU000231C
10. Baldomero, Garcia, et al. v. City of San Diego, SDSC Case No. 24CU000243C
11. Melchor, Amalio, et al. v. City of San Diego, SDSC Case No. 37-2024-00030743
12. Navarro, Alberto, et al. v. City of San Diego, SDSC Case No. 37-24-00028601
13. Navarro, Martha, et al. v. City of San Diego, SDSC Case No. 37-24-00029789
14. Rivera v. City of San Diego, SDSC Case No. 37-2024-00030688
15. National Black Contractors Foundation of America, Inc., et al. v. City of San Diego, SDSC Case No. 24CU012118C
16. Hesser, et al. v. City of San Diego, SDSC Case No. 24CU013892C
17. Alliance San Diego, et al. v. City of San Diego, SDSC Case No. 24CU010679C
18. Faria v. City of San Diego, SDSC Case No. 24CU013871C
19. Aguirre, et al. v. City of San Diego, SDSC Case No. 24CU017722C
20. Buenrostro, et al v. City of San Diego, SDSC Case No. 37-2024-00030791
21. Perez, et al v. City of San Diego, SDSC Case No. 37-2024-00030795
22. Garcia, et al v. City of San Diego, SDSC Case No. 24CU000134C
23. Silva, et al v. City of San Diego, SDSC Case No. 24CU001997C
24. Croft v. City of San Diego, SDSC Case No. 37-2024-00029980
25. Delgado, et al. v City of National City, City of San Diego, et al., SDSC Case No. 24CU013086C
26. Arberzine Fisher v. City of San Diego, SDSC Case No. 24CU020170C
27. Leisureland v. City of San Diego, SDSC Case No. 24CU018166C Risk Management Department Claim File No. Multiple
ACA Assigned: M. T. Phelps
SDCA Assigned: S. Robinson
Closed Session Agenda
Monday, December 9, 2024
Outside Counsel: D. Semerdjian and J. Schena, Schwartz Semerdjian Cauley Schena & Bush; and M. Dean, L. Roistacher, and S. Gazzo, Dean Gazzo Roistacher
This matter involves a growing number of lawsuits arising from extreme rain and flooding that occurred from January 19, 2024 to February 2, 2024, in various parts of the City.
The inverse condemnation lawsuits allege the Plaintiffs suffered real and personal property damage due to the flooding. The City Attorney’s Office will update the Mayor and City Council on the status of the lawsuits and seek direction.
CS-3 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
ACA Assigned: 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-4 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
ACA Assigned: M. T. Phelps
Outside Counsel: D. Semerdjian and J. Schena, Schwartz Semerdjian Closed Session Agenda
Monday, December 9, 2024
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 seeks disgorgement of prior City payments. The trial court ruled that the case was moot, and the appellate court recently affirmed the trial court’s decision. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.