AS-Letter-To-City-Council-9-10-20.Pdf

AGUIRRE & SEVERSON, LLP ATTORNEYS AT LAW Michael J. Aguirre, Esq. 501 West Broadway, Suite 1050 [email protected] San Diego, CA 92101 Maria C. Severson, Esq. Telephone (619) 876-5364 [email protected] Facsimile (619) 876-5368 Elijah T. Gaglio, Esq. [email protected] Via Email September 10, 2020 Honorable Georgette Gómez President San Diego City Council Honorable Barbara Bry President Pro Tem San Diego City Council Honorable Jennifer Campbell San Diego City Council Member Dist. 2 Honorable Chris Ward San Diego City Council Member Dist. 3 Honorable Monica Montgomery San Diego City Council Member Dist. 4 Honorable Mark Kersey San Diego City Council Member Dis.t 5 Honorable Chris Cate San Diego City Council Member Dist. 6 Honorable Scott Sherman San Diego City Council Member Dist. 7 Honorable Vivian Moreno San Diego City Council Member Dist. 8 Re: Public Interest in Confidential Ash Street Building Information Greetings: We have brought a case in San Diego Superior Court to stop the waste of San Diego taxpayer funds in connection with the City’s lease of the 101 Ash Street Building in downtown San Diego. On October 17, 2016, proponents told the City Council the Ash Street building would bring four benefits to the City: (1) provide estimated savings in occupancy expenses of over $44 million; (2) centralize City Operations in one building; (3) improve City employee working conditions; and (4) improve “ease of flow” for the public. The City Council, relying on these representations, agreed to the Ash Street Building lease on October 17, 2016. As you know, the City has not received any of the four promised benefits. The building lessor has thus far received the benefit of the bargain. However, no one has the right to make taxpayers pay to occupy a building that cannot be occupied. We have brought a September 10, 2020 Page 2 taxpayer lawsuit to set aside the lease and to require the lessor to return the funds taken from the City for the empty building. In conducting our investigation, we have been surprised to see the City release information that could compromise the City’s ability to rectify the problem. We are also concerned about the selective leaking of information that has helped to create a false impression. Allow me to provide one example: Media reports have suggested the current City Attorney, Ms. Mara Elliott, was responsible for poor legal work in connection with the Ash Street building lease. This is not true. The lease came before a City Council Committee and the City Council on September 21, 2016, and October 17, 2016, respectively. Ms. Elliott was not the City Attorney at the time. The former City Attorney installed a Deputy City Attorney, with 26 years of experience, to represent the City in connection with the lease. That attorney’s signature is on the lease. Also, there have been selective leaks of information suggesting the City does not have a good case to set aside the lease. This is also not true. The City taxpayer case is based on strict State Constitutional protections of taxpayers. There is a chance for a resolution of the case. This will be compromised by a wholesale release of the City’s protected information. We respectfully request that the City Council postpone any blanket release of records that are rightly protected by the attorney client privilege or work product doctrine. There is a process in place for obtaining public records under our City Charter (215-216.1) our State Constitution (Art I, Sec 3) and the California Public Records Act. Please allow that process to work, while we seek an agreed-to resolution of the dispute. Thank you. Very truly yours, /s/ Michael J. Aguirre Michael J. Aguirre, Esq. /s/ Maria C. Severson Maria C. Severson, Esq. cc: Honorable Kevin Faulconer, Mayor, City of San Diego Honorable Mara Elliott, San Diego City Attorney .

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