REQUEST FOR COUNCIL ACTION
CITY OF SAN DIEGO

CERTIFICATE NUMBER
(FOR COMPTROLLER’S USE ONLY)
?

TO:
FROM (ORIGINATING DEPARTMENT): DATE:
CITY COUNCIL
City Attorney
01/19/2011
SUBJECT: Settlement of litigation entitled San Diegans for Open Government v. City of San Diego SDSC No.
37-2009-00098375 & San Diegans for Open Government v. City of San Diego SDSC No. 37-2009-00103095
PRIMARY CONTACT (NAME, PHONE):
SECONDARY CONTACT (NAME, PHONE):
Christine Leone,533-3692 MS 59
,
COMPLETE FOR ACCOUNTING PURPOSES
FUND
DEPT / FUNCTIONAL
AREA
ORG / COST CENTER
OBJECT / GENERAL
LEDGER ACCT
JOB / WBS OR
INTERNAL ORDER
C.I.P./CAPITAL
PROJECT No.
AMOUNT

720045

$90,000.00

0.00

0.00

0.00

0.00

FUND
DEPT / FUNCTIONAL
AREA
ORG / COST CENTER
OBJECT / GENERAL
LEDGER ACCT
JOB / WBS OR
INTERNAL ORDER
C.I.P./CAPITAL
PROJECT No.
AMOUNT

0.00

0.00

0.00

0.00

0.00

1515000011
512007

COST SUMMARY (IF APPLICABLE): Total settlement of $90,000.
ROUTING AND APPROVALS
APPROVING
CONTRIBUTORS/REVIEWERS:
AUTHORITY
Water Department
ORIG DEPT.
Financial Management
CFO
Risk Management
DEPUTY CHIEF
Comptroller
COO
CITY ATTORNEY
COUNCIL
PRESIDENTS OFFICE
PREPARATION OF:
RESOLUTIONS
ORDINANCE(S)

APPROVAL
SIGNATURE
Worley, Donald

DATE
SIGNED
1/25/2011

Worley, Donald

3/3/2011

Leone, Christine
Jurado-Sainz, Diana

2/14/2011
3/10/2011

AGREEMENT(S)

DEED(S)

1.
Authorizing the sum of $90,000 to be paid from the Public Liability Fund No. 720045, in settlement of
each and every claim for damages, interest, costs and fees of any type, including attorney fees, against the City, its

 agents and employees, arising from the lawsuits entitled San Diegans for Open Government v. City of San Diego
SDSC No. 37-2009-00098375 & San Diegans for Open Government v. City of San Diego SDSC No. 37-200900103095.
2.
Authorizing the Chief Financial Officer to appropriate and expend the amount of $90,000 from the Public
Liability Fund, Fund No. 720045, contingent upon the Chief Financial Officer first furnishing one or more
certificates certifying that the funds necessary for expenditure are, or will be, on deposit with the City Treasurer.
3. Authorizing the Comptroller to issue a check in the amount of $90,000, made payable to Briggs Law
Corporation Trust Account.
STAFF RECOMMENDATIONS:
Approve Requested Action
SPECIAL CONDITIONS (REFER TO A.R. 3.20 FOR INFORMATION ON COMPLETING THIS SECTION)
COUNCIL DISTRICT(S):
8
COMMUNITY AREA(S):
Tijuana River Valley
ENVIRONMENTAL IMPACT:
This activity is not a project and therefore is not subject to CEQA pursuant to
CEQA Guidelines Section 15060(c)(3).
CITY CLERK
Please provide one (1) executed copy to Janice Ellis, MS, 51B
INSTRUCTIONS:

 COUNCIL ACTION
EXECUTIVE SUMMARY SHEET
CITY OF SAN DIEGO
DATE: 01/19/2011
ORIGINATING DEPARTMENT: City Attorney
SUBJECT: Settlement of litigation entitled San Diegans for Open Government v. City of San
Diego SDSC No. 37-2009-00098375 & San Diegans for Open Government v. City of San Diego
SDSC No. 37-2009-00103095
COUNCIL DISTRICT(S): 8
CONTACT/PHONE NUMBER: Christine Leone/533-3692 MS 59
DESCRIPTIVE SUMMARY OF ITEM:
Settlement of litigation entitled San Diegans for Open Government v. City of San Diego SDSC
No. 37-2009-00098375 & San Diegans for Open Government v. City of San Diego SDSC No.
37-2009-00103095S and authorization to have the Comptroller issue a check in the amount of
$90,000 made payable to Briggs Law Corporation Trust Account.

STAFF RECOMMENDATION:
Approve Requested Action
EXECUTIVE SUMMARY OF ITEM BACKGROUND: This matter involves two related
lawsuits filed by Cory Briggs on behalf of San Diegans for Open Government (SDOG). In both
actions, SDOG challenges City’s use of the “emergency exemption” under the California
Environmental Quality Act (CEQA) to allow emergency flood control work in the Tijuana River
Valley.
FISCAL CONSIDERATIONS: The settlement of $90,000 will be paid from the Public Liability
Fund, Fund No. 720045.
EQUAL OPPORTUNITY CONTRACTING INFORMATION (IF APPLICABLE):N/A
PREVIOUS COUNCIL and/or COMMITTEE ACTION: Approval in Closed Session on January
11, 2011.
COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS: None.
KEY STAKEHOLDERS AND PROJECTED IMPACTS: None.
Worley, Donald
Originating Department
Worley, Donald
Deputy Chief/Chief Operating Officer