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City Attorney Legal Opinions

What is a Legal Opinion?

A City Attorney Legal Opinion is a response to a request or question posed by the Mayor and City Council (jointly or individually), Council Committees, Charter section 41 commissions (e.g., Civil Service Commission and Planning Commission), Retirement Board, Housing Authority, Redevelopment Agency (jointly, but not as individuals), or City Manager, Assistant City Manager, Deputy City Manager, or Department Director, that sets forth an opinion with either broad application or important implications.

These documents do not contain any referenced attachments or enclosures. Printed copies of all City Attorney Legal Opinions are available for viewing at the City Clerk's Office, 202 "C" Street, Second Floor, San Diego, CA. Questions about particular Legal Opinions should be directed to:

Law Librarian
Office of the City Attorney
1200 Third Avenue, Ste. 1100
San Diego, CA 92101
(619) 533-5800

Legal Opinions from January 1986 through present are available.

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Legal Opinions by Year

Official City Documents

Date Number Title
02/15/2000 LO-2000-1 Proposed Initiative and Referendum Regarding Ballpark and Redevelopment Project
02/15/2000 LO-2000-1 Proposed Initiative and Referendum Regarding Ballpark and Redevelopment Project
11/19/2001 LO-2001-1 Ballpark and Redevelopment Project
02/11/2002 LO-2002-1 Public Facilities Financing Authority of the City of San Diego Lease Revenue Bonds, Series 2002
03/13/2002 LO-2002-2 Solicitation of Political Contributions from Employees and Members of City Boards and Commission
04/22/2002 LO-2002-3 Use of Environmental Growth Fund for MAD Formation Costs
04/08/2003 LO-2003-1 Prevailing Wage Specification in the City of San Diego's Public Works Municipal Affair Contracts
09/14/2004 LO-2004-1 Issues Related to a Special Election to Fill the Vacancy in Council District 4
04/01/2005 LO-2005-1 Disclosure of Officials' Calendars And Official Writings Under The California Public Records Act
08/02/2005 LO-2005-2 Disclosure of Vinson & Elkins Report
07/11/2006 LO-2006-1 Mission Trails Regional Park CAC Request
07/27/2006 LO-2006-2 Interpretation of 'Designee' In Council Policy 600-24
12/21/2006 LO-2006-3 Clarification on City Attorney Memorandum Regarding Ontario Avenue and Fox Canyon Expenditures
04/06/2007 LO-2007-1 Respective Roles of the Mayor and City Council in Budget Decisions Affecting the City's Administration
05/15/2007 LO-2007-2 Charter Section 143 Amortization Limitations for Past Service Liabilities
06/21/2004 LO-2007-3 Medical Marijuana 'Dispensaries'
09/27/2007 LO-2007-4 Post-Retirement Health Care Benefits Administration
06/08/2007 LO-2007-5 Qualifications for Real Estate Professionals Voting in PCPB Run-Off Election
12/28/2007 LO-2007-6 Legal Opinion on Modification to Formula for Adjustment of Low Income Rents at Rancho del Rey
04/10/2008 LO-2008-1 Interpretation of San Diego City Charter Regarding City Attorney's Authority to Initiate Litigation
05/13/2008 LO-2008-2 School Board Elections: Candidate Qualifications and Governing Law
04/28/2009 LO-2009-1 Historical Designation of the Western Salt Company Salt Works Property
10/08/2009 LO-2009-2 Outsourcing City Services
01/21/2010 LO-2010-1 Pension Benefits and Other Post-Employment Benefits
05/27/2010 LO-2010-2 Coastal Development Permits for a Rope Barrier at the Children's Pool
09/20/2010 LO-2010-4 Study by the Joint Committee on Retiree Health
09/29/2010 LO-2010-5 Conflict of Interest Analysis Involving a Contract Amendment by City Officials to Allow the San Diego Housing Commission (SDHC) to Lease SDHC-Owned Properties to Tenants Receiving Federal Funds Administered by the SDHC
09/29/2010 LO-2010-5 Attachment Conflict of Interest Analysis Involving a Contract Amendment by City Officials to Allow the San Diego Housing Commission (SDHC) to Lease SDHC-Owned Properties to Tenants Receiving Federal Funds Administered by the SDHC
11/24/2010 LO-2010-6 Use of Redevelopment Agency Funds to Pay for Debt Service for Phase II Expansion of the San Diego Convention Center or Future Convention Center Projects
01/10/2011 LO-2011-1 Freezing Base Compensation under the City's Retirement Plan
07/15/2011 LO-2011-2 Proposed Amendments to the Inclusionary Affordable Housing Ordinance, San Diego Municipal Code Chapter 14, Article 2, Division 13
03/22/2012 LO-2012-1 Application of the Ralph M. Brown Act and the California Public Records Act to the Activities of the Balboa Park Conservancy
08/08/2012 LO-2012-2 Implementation of Proposition B Related to Members of the San Diego Police Officers Association
11/07/2012 LO-2012-3 Legality of AB 1248 (State Legislation Related to Mandatory Social Security Coverage for City of San Diego)
04/26/2013 LO-2013-1 Potential Conflict Between AB 3030 and Proposition 218
06/20/2014 LO-2014-1 Establishing a Fee for and Mandatory Use of Approved Refuse Containers
05/21/2015 LO-2015-2 Potential Use of Dedicated Parkland in Mission Beach for a Junior Lifeguard Headquarters
10/26/2015 LO-2015-3 Legal Status of Annual Supplemental Benefit (13th Check)
11/02/2016 LO-2016-1 Application of Charter Section 55.2 to Revenue Derived from De Anza Cove RV Park
09/08/2020 LO-2020-1 Authority to Hire Outside Counsel
01/02/1986 LO-86-1 Police Officers Association Charter Initiative
06/23/1986 LO-86-2 Authority of City Council in Administrative Matters
07/29/1986 LO-86-3 Compensation of Civil Service Commissioners
11/04/1986 LO-86-4 Federal Medicare Legislation
08/26/1986 LO-86-5 Volunteer Services - Protocol Section
12/04/1986 LO-86-6 Scope of the Civil Service Commission's Authority to Conduct Investigations Pursuant to Charter Section 128
11/26/1986 LO-86-7 City Council; Its Role in City Government
12/22/1986 LO-86-8 Outside Counsel for the Civil Service Commission
01/21/1987 LO-87-1 Procedural Questions Concerning the Current Charter Section 128 Investigation
02/13/1987 LO-87-2 San Diego Energy Recovery (SANDER) Site; Compliance with provisions of the California Environmental Quality Act (CEQA) regarding Applicability of the 'Early Activities' Exemption