Brief

The City Attorney initiated this matter in July 2023 to address pending litigation related to the closure of Merrywood Drive for vehicular access. The file involves multiple claims filed against the city. After more than three years of committee review and closed-session discussions, the Council adopted a motion (Blumenfield-McOsker) on September 9, 2026 by an 11-0 vote with four abstentions. The file was transmitted to the Mayor on September 15, 2026, with a September 25 deadline for mayoral action.

Full summary

When the City closed Merrywood Drive to vehicular access, ten property owners along the road filed inverse condemnation claims against the City, arguing the closure effectively took or impaired their property rights. The City Attorney's office opened this file in July 2023 to manage that litigation and began requesting closed-session discussions to develop legal strategy and explore settlement options. Ten claims are associated with the file. The proposed settlement framework, as described in the City Attorney's August 2026 report, centers on resolving the inverse condemnation claims through the City's acquisition of certain parcels along Merrywood Drive rather than through a cash payout alone. The Bureau of Engineering prepared a Notice of Exemption finding the settlement project exempt from CEQA review under categories covering existing facilities, new construction of small structures, and alterations in land use limitations. The file moved through an extended legislative process. The Public Works Committee held the matter repeatedly from late 2023 into 2025, and the Budget and Finance Committee took over closed-session discussions in early 2025. In May 2025, Council adopted a motion by Councilmembers Raman and Jurado accepting the City Attorney's recommendations from a confidential report, and that action became final after the Mayor took no action within the required window. A new round of City Attorney reports in August 2026 prompted Budget and Finance to hold a fresh closed session on September 1, 2026, after Public Works waived further consideration. On September 9, 2026, Council voted 11-0-4 to adopt a motion by Councilmembers Blumenfield and McOsker in open session, approving the settlement approach including the proposed land acquisition. The motion is technically subject to reconsideration under Council Rule 51, but the lopsided vote suggests the resolution has broad support. The file remains open, likely pending completion of the parcel acquisition and other administrative steps needed to fully close out the litigation.

Activity (25)

• 2026-09-15 City Clerk transmitted file to Mayor. Last day for Mayor to act is September 25, 2026.
• 2026-09-09 Council adopted Motion (Blumenfield - McOsker) in Open Session, subject to reconsideration, pursuant to Council Rule 51.
• 2026-09-04 City Clerk scheduled item for Council on September 9, 2026.
• 2026-09-01 Budget and Finance Committee discussed the matter in Closed Session.
• 2026-08-28 Budget and Finance Committee scheduled item for committee meeting on September 1, 2026.
• 2026-08-27 Public Works Committee waived consideration of item .
• 2026-08-03 City Attorney document(s) referred to Budget and Finance Committee; Public Works Committee.
• 2026-08-03 Document submitted by City Attorney, dated August 3, 2026.
• 2025-06-09 Council action final.
• 2025-05-30 City Clerk transmitted file to Mayor. Last day for Mayor to act is June 9, 2025.
• 2025-05-28 Council adopted Motion 24A (Raman - Jurado) in Open Session, subject to reconsideration, pursuant to Council Rule 51
• 2025-05-23 City Clerk scheduled item for Council on May 28, 2025.
• 2025-04-01 Budget and Finance Committee considered this matter in closed session.
• 2025-03-18 Budget and Finance Committee continued item to April 1, 2025 .
• 2025-03-14 Budget and Finance Committee scheduled item for committee meeting on March 18, 2025.
• 2025-02-13 Public Works Committee waived consideration of item .
• 2024-12-13 Council rereferred item to Budget and Finance Committee; Public Works Committee, pursuant to Council Action of December 13, 2024, Council File No. 24-2000.
• 2024-11-12 City Attorney document(s) referred to Budget, Finance and Innovation Committee; Public Works Committee.
• 2024-11-08 Document(s) submitted by City Attorney, as follows:City Attorney report, dated November 6, 2024, relative to a request for closed session to discuss pending litigation.
• 2023-11-08 Public Works Committee continued item to a date to be determined.
• 2023-11-03 Public Works Committee scheduled item for committee meeting on November 8, 2023.
• 2023-10-25 Public Works Committee continued item to a date to be determined.
• 2023-10-20 Public Works Committee scheduled item for committee meeting on October 25, 2023.
• 2023-07-26 City Attorney document(s) referred to Public Works Committee.
• 2023-07-25 Document(s) submitted by City Attorney, as follows:City Attorney report R23-0275, dated July 25, 2023, relative to a request to discuss in closed session pending litigation in the case involving the recent closing of Merrywood Drive for vehicular access.

Documents (9)

• 2026-09-09 Motion (Blumenfield – McOsker) · motion
• 2026-08-03 Report from City Attorney · report
• 2025-06-12 Mayor Concurrence/Council Action · other
• 2025-05-28 Motion 24A (Raman - Jurado) · motion
• 2025-04-01 Speaker Card(s) · speaker_card
• 2025-03-18 Speaker Card(s) · speaker_card
• 2024-11-06 Report from City Attorney · report
• 2023-11-08 Speaker Card(s) · speaker_card
• 2023-07-25 Report from City Attorney · report

Council votes (2)

• 2026-09-09 Vote — 11-0-4 · Regular
• 2025-05-28 Vote — 13-0-2 · Regular