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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
11/03/1999 LO-99-3 Restrictions on Advertising on Bus-Stop Shelters
07/15/1999 LO-99-2 Applicability of San Diego Charter Section 219 to Portions of De Anza Harbor Resort Leasehold
04/15/1999 LO-99-1 Application of Charter Sections 90.1 and 90.2 to Loan Contracts Otherwise Allowed by Law
04/15/1999 LO-99-1 Application of Charter Sections 90.1 and 90.2 to Loan Contracts Otherwise Allowed by Law
10/20/1997 LO-97-2 Status of the City's Existing and Proposed Equal Opportunity Contracting Program, and Use of the Disparity Study, Under Proposition 209 and Recent Case Law
01/14/1997 LO-97-1 Referendum of Ordinance No. O-18365
10/01/1996 LO-96-2 Review and Analyssis of the Draft Predicate Study Prepared by DEGA/TMS for the Equal Opportunity Contract Program of the City of San Diego
04/02/1996 LO-96-1 Alleged Conflict of Interest Regarding Role of the City Attorney at Board Adjudicator Hearings
02/06/1995 LO-95-2 Limitations on Councilmember Participation in Environmental Document Process
01/12/1995 LO-95-1 Release of City Employee Names
12/17/1992 LO-92-2 Council Approval of Consultant Contracts and Custodial Bank Contracts
04/29/1992 LO-92-1 Culture, Commerce and Technology Complex on Tidelands Property; Legality of Proposed Construction and Operation
09/25/1991 LO-91-2 Planning Department; Legal Actions Necessary to Place the Department under the City Manager
07/22/1991 LO-91-1 Civil Service Commission Termination Appeal Procedures
08/28/1990 LO-90-3 Effect of Redistricting Ordinance on Recall Effort
06/15/1990 LO-90-2 Limits on Ex Parte Communications By Councilmembers
01/19/1990 LO-90-1 Removal of Port Commissioners, San Diego Unified Port District
08/31/1989 LO-89-2 Proposed Merger of San Diego Gas & Electric Company and Southern California Edison Company
04/28/1989 LO-89-1 Crosses on Mount Soledad and Presidio Park
09/23/1988 LO-88-2 Nativity Scene in Balboa Park
03/25/1988 LO-88-1 Direct Submission of Proposition to Electors for Binding Vote/Use of Initiative or Referendum Powers
12/30/1987 LO-87-6 Authority of City Council to Create Irrevocable Trust
09/03/1987 LO-87-5 Appointments to the Civilian Advisory Panel on Police Practices
05/29/1987 LO-87-4 Local Regulation of the Practice of Landscape Architecture
02/27/1987 LO-87-3 Belmont Park - Existing Option/Lease - Effect of Recently Verified Initiative Petition
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
01/21/1987 LO-87-1 Procedural Questions Concerning the Current Charter Section 128 Investigation
12/22/1986 LO-86-8 Outside Counsel for the Civil Service Commission
11/26/1986 LO-86-7 City Council; Its Role in City Government
12/04/1986 LO-86-6 Scope of the Civil Service Commission's Authority to Conduct Investigations Pursuant to Charter Section 128
08/26/1986 LO-86-5 Volunteer Services - Protocol Section
11/04/1986 LO-86-4 Federal Medicare Legislation
07/29/1986 LO-86-3 Compensation of Civil Service Commissioners
06/23/1986 LO-86-2 Authority of City Council in Administrative Matters
01/02/1986 LO-86-1 Police Officers Association Charter Initiative
09/08/2020 LO-2020-1 Authority to Hire Outside Counsel
11/02/2016 LO-2016-1 Application of Charter Section 55.2 to Revenue Derived from De Anza Cove RV Park
10/26/2015 LO-2015-3 Legal Status of Annual Supplemental Benefit (13th Check)
05/21/2015 LO-2015-2 Potential Use of Dedicated Parkland in Mission Beach for a Junior Lifeguard Headquarters
06/20/2014 LO-2014-1 Establishing a Fee for and Mandatory Use of Approved Refuse Containers
04/26/2013 LO-2013-1 Potential Conflict Between AB 3030 and Proposition 218
11/07/2012 LO-2012-3 Legality of AB 1248 (State Legislation Related to Mandatory Social Security Coverage for City of San Diego)
08/08/2012 LO-2012-2 Implementation of Proposition B Related to Members of the San Diego Police Officers Association
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
07/15/2011 LO-2011-2 Proposed Amendments to the Inclusionary Affordable Housing Ordinance, San Diego Municipal Code Chapter 14, Article 2, Division 13
01/10/2011 LO-2011-1 Freezing Base Compensation under the City's Retirement Plan
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
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
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
09/20/2010 LO-2010-4 Study by the Joint Committee on Retiree Health