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Downtown San Diego Partnership takes $100,000 in assessments for defense in lawsuit over misuse of assessments

The Clean and Safe advisory board voted to allocate $100,000 to fight lawsuit

Let's start with a general summary: A non-profit paid to administer an assessment district is sued for misusing assessments collected from local property owners. Members of the assessment district's advisory board, which includes the President and treasurer of said non-profit, approves directing $100,000 in assessments to the non-profit to pay an out-of-town attorney to fight the lawsuit.

Now the particulars: On Tuesday, September 10, members of the Downtown Property and Business Improvement District's (PBID) advisory board made a motion to authorize the "expenditure of PBID funds to defend the lawsuit filed on August 13, 2013 (case#37-2013-00062382-CU-MC-CTL), up to $100,000 of PBID expenditures" to the Downtown San Diego Partnership for legal fees.

Seven board members, including Kris Michell who heads the Downtown Partnership and is a longtime political powerbroker and former Chief of Staff for ex-mayor Jerry Sanders, as well as Bill Sauls, lawyer and Downtown Partnership treasurer, approved the use of taxpayer funds to fight the lawsuit. Three people, Luis Ojeda program manager in the City Planning and Community Investment Department being one of them, abstained from the vote.

As mentioned in the advisory board's motion, the Downtown Partnership was sued for mismanaging the $5 million annual revenues collected through the City's largest assessment district. Examples of reported misuse of cash include paying $110,000 a year for a homeless outreach position, hiring high-priced consultants without approval from the board, or using PBID funds to pay for a business plan, Downtown Partnership's new logo and website.

http://www.sandiegoreader.com/users/photos/2013/sep/12/53065/

The firm hired to defend the non-profit is none other than Colantuono and Levin, a specialty firm based in Sacramento. If that name strikes a bell, it is for good reason. They also represented the Tourism Marketing District in their fight against former-mayor Bob Filner.

For now, it seems as if there is little stopping Downtown Partnership executives from digging into the PBID's cash pot, at least no one from the City will be stepping in.

When asked about the $100,000 expenditure during a weekly media briefing, Council President and acting Mayor of San Diego, Todd Gloria, said he supports the non-profit and was not aware of any vote by board members on Downtown Partnership's behalf.

"I am not aware of the vote you are referring to but I do support assessment districts as well as the Property and Business Improvement District Downtown. This has been critical to the renaissance seen in downtown and is a tool that should be available to every neighborhood. There's litigation and that litigation will be handled."

The City Attorney's Office did not respond to questions about the legality of the vote or use of taxpayer assessments. Representatives from the Downtown Partnership also failed to respond in time for publication.

For some background click on the following links:

http://www.sandiegoreader.com/news/2010/apr/21/city-light-2/

http://www.sandiegoreader.com/news/2012/feb/08/citylights2-clean-and-safe-consultant/

http://www.sandiegoreader.com/news/2012/jul/18/citylights2-consultants-ate-your-baby/

http://www.sandiegoreader.com/weblogs/news-ticker/2013/may/28/downtown-san-diego-partnership-to-spend-110000-fro/

http://www.sandiegoreader.com/weblogs/news-ticker/2012/oct/10/downtown-pbid/

http://www.sandiegoreader.com/weblogs/news-ticker/2013/jul/12/refunds/

http://www.sandiegoreader.com/weblogs/news-ticker/2013/aug/14/lawsuit-accuses-downtown-san-diego-partnership-of-/

http://www.sandiegoreader.com/weblogs/news-ticker/2013/aug/12/downtown-san-diego-partnership-hires-high-profile-/

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Let's start with a general summary: A non-profit paid to administer an assessment district is sued for misusing assessments collected from local property owners. Members of the assessment district's advisory board, which includes the President and treasurer of said non-profit, approves directing $100,000 in assessments to the non-profit to pay an out-of-town attorney to fight the lawsuit.

Now the particulars: On Tuesday, September 10, members of the Downtown Property and Business Improvement District's (PBID) advisory board made a motion to authorize the "expenditure of PBID funds to defend the lawsuit filed on August 13, 2013 (case#37-2013-00062382-CU-MC-CTL), up to $100,000 of PBID expenditures" to the Downtown San Diego Partnership for legal fees.

Seven board members, including Kris Michell who heads the Downtown Partnership and is a longtime political powerbroker and former Chief of Staff for ex-mayor Jerry Sanders, as well as Bill Sauls, lawyer and Downtown Partnership treasurer, approved the use of taxpayer funds to fight the lawsuit. Three people, Luis Ojeda program manager in the City Planning and Community Investment Department being one of them, abstained from the vote.

As mentioned in the advisory board's motion, the Downtown Partnership was sued for mismanaging the $5 million annual revenues collected through the City's largest assessment district. Examples of reported misuse of cash include paying $110,000 a year for a homeless outreach position, hiring high-priced consultants without approval from the board, or using PBID funds to pay for a business plan, Downtown Partnership's new logo and website.

http://www.sandiegoreader.com/users/photos/2013/sep/12/53065/

The firm hired to defend the non-profit is none other than Colantuono and Levin, a specialty firm based in Sacramento. If that name strikes a bell, it is for good reason. They also represented the Tourism Marketing District in their fight against former-mayor Bob Filner.

For now, it seems as if there is little stopping Downtown Partnership executives from digging into the PBID's cash pot, at least no one from the City will be stepping in.

When asked about the $100,000 expenditure during a weekly media briefing, Council President and acting Mayor of San Diego, Todd Gloria, said he supports the non-profit and was not aware of any vote by board members on Downtown Partnership's behalf.

"I am not aware of the vote you are referring to but I do support assessment districts as well as the Property and Business Improvement District Downtown. This has been critical to the renaissance seen in downtown and is a tool that should be available to every neighborhood. There's litigation and that litigation will be handled."

The City Attorney's Office did not respond to questions about the legality of the vote or use of taxpayer assessments. Representatives from the Downtown Partnership also failed to respond in time for publication.

For some background click on the following links:

http://www.sandiegoreader.com/news/2010/apr/21/city-light-2/

http://www.sandiegoreader.com/news/2012/feb/08/citylights2-clean-and-safe-consultant/

http://www.sandiegoreader.com/news/2012/jul/18/citylights2-consultants-ate-your-baby/

http://www.sandiegoreader.com/weblogs/news-ticker/2013/may/28/downtown-san-diego-partnership-to-spend-110000-fro/

http://www.sandiegoreader.com/weblogs/news-ticker/2012/oct/10/downtown-pbid/

http://www.sandiegoreader.com/weblogs/news-ticker/2013/jul/12/refunds/

http://www.sandiegoreader.com/weblogs/news-ticker/2013/aug/14/lawsuit-accuses-downtown-san-diego-partnership-of-/

http://www.sandiegoreader.com/weblogs/news-ticker/2013/aug/12/downtown-san-diego-partnership-hires-high-profile-/

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4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs
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