CASE FILE #277·GENERAL INVESTIGATIONS·
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The 101 Ash Street File

101 Ash Street and the Planning Commission Chair

AI Fact Sheet

A member asked whether the Planning Commission chair is a partner in the 101 Ash Street deal. The City's 2026 disclosure names her firm a co-developer. The Ethics Commission advised there was no conflict.

Member Questions #1 · condensed AI fact sheet · as of 2026-10-05. Chronological; every claim cited; inferences flagged; open questions marked. Source: a member's question about the 101 Ash Street (now 107 Ash Street) redevelopment, answered from public records and the MathPolitics database.
Built on public records
Documented fact — traces to a filed public record.
Inference — a reading of the record, not a legal finding.
Scope

This brief covers the City-owned office tower at 101 Ash Street, now designated 107 Ash Street, and the development team chosen to convert it into affordable housing, from October 2024 to 2026-10-05. It covers seven things: - Planning Commission Chair Kelly Moden's role in that team. - The San Diego Ethics Commission's advice that the bid raised no conflict. - The Planning Commission record. - The 2025 public-records lawsuit. - Moden's Form 700 disclosures. - The 2025 and 2026 Council votes. - The lobbying and contributions around those votes.

Summary — what happened

Kelly Moden has sat on the San Diego Planning Commission since 2020. Mayor Todd Gloria reappointed her in 2024 and the City Council confirmed it, for a term ending 2028-01-28 Boards R-315387. She has chaired the commission since February 2024. Its latest posted agenda, for 2026-07-16, still lists her as Chairperson PC-2024-02 PC-2026-07. She is also a developer: her Form 700 filed 2026-04-01 lists real-estate businesses including Create Dev LLC F700-2025.

In January 2025 the Council chose a team made up of her company and MRK Partners, a Los Angeles–based firm, to turn the vacant 101 Ash Street tower into about 250 affordable homes OBR-2025-01. Before that choice, the San Diego Ethics Commission advised that the bid did not raise a conflict under the City's ethics rules. The advice rested on the premise that the purchase would not come before the Planning Commission. According to the Union-Tribune, Executive Director Sharon Spivak said the advice was narrowly tailored to the question posed, and that "any future transactions related to the property would need to be analyzed" UT-2024-10.

The matter was not before the commission she chairs in the period reviewed. A review of every commission agenda and set of minutes from January 2025 to September 2026 found no 101 or 107 Ash Street item PC-Archive. A downtown zoning rule exempts development on public agency–owned sites from needing a development permit, and the project relied on it Notice-2026 SDMC-156. The Council approved the ground lease 8-0 on 2025-07-29, with no recusals Council-2025-07. It approved an amendment 8-0 on 2026-09-15 Council-2026-09. The amendment: - lengthens the lease from 60 to 65 years; - adds two affordable units; - changes the City note's stated interest from 4% simple to 5% compounding; - makes the note junior to new HUD-backed and San Diego Foundation loans Staff-2026 FA-2026.

In the 2026 City disclosure, Moden's stake appears as MKAFF Housing LLC, a co-developer she owns 100% Staff-2026. The general partners named are two LLCs: - 101 Ash AGP LLC, managed by MRK's Sydne Garchik; - 101 Ash MGP LLC, controlled by the nonprofit Pacific Southwest Community Development Corporation.

The state's 2025-12-10 financing report lists MRK Partners and the nonprofit as the general partners' parent companies CTCAC. How the $30.4M developer fee is split among the team is not public KMA-2026. A 2025 public-records suit filed by attorney Michael Aguirre for a city resident named only the City, and its status is not public LitLog. By the City's account, the 2026 amendment was needed to meet HUD and other lender requirements Staff-2026 KPBS-2026-09.

Timeline

2020-04-07 BoardsPC-2020-04

Appointed to the Planning Commission. Moden is appointed to Seat 4 for a term of 2020-01-28 to 2024-01-28. The commission introduces her as a new member at its 2020-04-16 meeting.

2024-02-08 PC-2024-02PC-Rules

Chair. Moden presides as Chair for the first time on record. The previous chair's term ended 2024-01-28. Under the commission's rules, the Mayor designates the Chair, who serves until a successor is appointed. That rule is in the 2015/2016 copy of the rules.

2024-02-27 / 2024-03-04 R-315387

Reappointed. The Council confirms the Mayor's reappointment of Moden in Resolution R-315387, for a term ending 2028-01-28. Final passage is 2024-03-04.

Before 2024-10-27 UT-2024-10

Ethics Commission advice. The Ethics Commission advises that the bid does not raise a conflict under its rules. The advice itself is not public. No public source gives its date or who requested it (see "The Ethics Commission determination").

2024-10-27 UT-2024-10

Two finalists. The Union-Tribune reports two remaining bidders for the tower. One is the Create–MRK team, whose principal is Moden. A Create spokesperson says: "As this will not come before the Planning Commission, there is no conflict as confirmed by the Ethics Commission." The paper also reports that the San Diego Housing Commission was not involved in the process.

Team selected. In closed session, the Council directs staff to negotiate exclusively with "Create Dev LLC and MRK Partners," in Mayor Gloria's words. Moden says: "We are thrilled and ready to get to work". The same day, Pacific Public Affairs registers MRK Partners as a lobbying client. The decision it lists is "Secure a lease for City of San Diego property located at 101 Ash Street".

2025-03-03 F700-2024

2024 Form 700. Moden files her 2024 statement. It lists "Franko LLC/ Create Dev LLC" as a business in which she is managing member, and event gifts from several organizations.

2025 Q1–Q4 EC603-PPA

Lobbying. Pacific Public Affairs reports $37,500 in 2025 compensation from MRK. In Q1 it contacted eight council members, including Lee, Whitburn and Elo-Rivera. In 2025 Q3, its reported MRK contacts were at the Mayor's Office and Economic Development Department; in Q4, they were at Development Services, the San Diego Housing Commission and the Mayor's Office.

2025-07-02 LUH-2025-07

Committee vote. The Land Use & Housing Committee recommends the deal 3-0, with Lee as chair, Elo-Rivera and Campillo. The item describes the tenant as a partnership "to be formed and controlled by MRK Partners, Inc. and MKAFF Housing, LLC".

2025-07-10 PC-2025-07-10

Planning Commission. Moden chairs the meeting. There is no 101 Ash item and no non-agenda public comment.

Public-records suit. City resident John Gordon, represented by Aguirre & Severson, files Gordon v. City of San Diego, No. 25CU036821C, a California Public Records Act petition. He seeks the ground lease and disposition agreement before the Council vote. The records sought include the agreement with a partnership "to be formed and controlled by MRK Partners, Inc. and MKAFF Housing, LLC," which is the wording of the City's own committee agenda. Aguirre tells reporters: "No city official should be entering into a contract with the city that's going to give them an economic advantage".

2025-07-28 ToSD-2025-07

City relays the Ethics advice. The City's Economic Development Department tells Times of San Diego that the Ethics Commission found "no conflict of interest because the project did not have to go before the commission".

Council approves the lease, 8-0. Whitburn moves and Lee seconds approval of the Ground Lease Disposition Agreement (Resolutions R-316406 and R-316407). The agreement sets a 60-year lease and a $45.6M City note at 4% simple interest. The vote is 8-0, with Moreno absent and no recusals. - The Union-Tribune reports that Moden "stands to collect a portion" of what it puts at a $32.7M developer fee. - It reports that Aguirre and Severson threaten more litigation, alleging a "prohibited financial interest." - The same article reports that the Ethics Commission had said there was no conflict of interest because the project did not go before the Planning Commission. - Mayor Gloria calls the plan a way of "transforming this civic debacle by the prior administration into a community asset".

Planning Commission. Moden chairs the meeting. There is no 101 Ash item. Non-agenda public comment is taken, and the minutes record "Commission Comment: None". California's open-meeting law bars a commission from acting on, and largely from discussing, items not on its posted agenda.

2025-11-05 EC601-AM

Allen Matkins registration. An amended Allen Matkins registration filed this day lists Create Dev LLC and MRK Partners as clients on "Redevelopment of 101 Ash Street." Earlier amendments were not reviewed.

2025-12-10 / 2025-12-19 CTCACUT-2025-12

State financing. The state tax-credit committee's staff report names the general partners as 101 Ash AGP LLC and Pacific Southwest Community Development Corporation. It names their parent companies as MRK Partners, Inc. and Pacific Southwest Community Development Corporation, and the developer as MRK Partners. CDLAC awards $63.8M in tax-exempt bonds, which carry about $82.2M in tax-credit equity. The Union-Tribune names the team as "MRK Partners and Create Dev LLC," with the nonprofit added as managing general partner.

2026-04-01 F700-2025

2025 Form 700. Moden's 2025 Form 700, filed 2026-04-01, discloses Create Dev LLC and MKAFF Housing LLC on Schedule A-2. On the MKAFF Housing LLC page, she lists MRK Partners as a reportable source of income of $10,000 or more. It also lists event gifts totaling about $1,816 from six sources, including contractors, an engineering firm and a housing nonprofit.

2026-07-16 PC-2026-07

Still Chair. The Planning Commission agenda lists "CHAIRPERSON Kelly Moden." The August and September 2026 meetings were adjourned without being held.

2026-08-01 EC603-PPA

Lobbying continues. Pacific Public Affairs' Q2 2026 report lists the 101 Ash matter, with contacts at the Mayor's Office and Development Services.

2026-08-20 Staff-2026

The amendment. An Economic Development Department staff report asks the Council to approve a First Amendment. It would: - extend the lease from 60 to 65 years; - extend affordability from 55 to 65 years; - raise the units from 250 to 252, of which 249 are affordable; - change the City note from 4% simple to 5% compounding interest.

Staff say the changes align the deal with "HUD financing requirements." They call the $45.6M note "not a new cash advance by the City." The report's ownership disclosure lists MKAFF Housing LLC as "100% owned by sole member Kelly Moden" Staff-2026. The amendment makes the City's lien junior to a $73.1M HUD-backed loan and a $6M San Diego Foundation loan FA-2026.

2026-08 KMA-2026

City's consultant. Keyser Marston estimates $96,201,000 in City costs on the building, most of it the $86M 2022 acquisition settlement. It puts the property's fair market value at $3,940,000. It puts the City's effective compensation over the lease at $3,513,000 in net present value, or $145,108,000 in future dollars discounted at 10%. The developer fee is $30,376,356. About $27.4M of it is deferred, to be repaid from project cash flow in years 1–15.

2026-08-28 Notice-2026

Hearing notice. The City gives notice of a 2026-09-15 hearing. It says the project complies with SDMC §156.0304(c) "and would be exempt from needing a development permit".

2026-09-13 UT-2026-09

Union-Tribune "key terms.". The Union-Tribune publishes "The 101 Ash deal is back: Here are the key terms," by Jennifer Van Grove. The body is paywalled and was not read for this brief. One image is credited "Kelly Moden/cREate".

Council approves the amendment, 8-0. On 2026-09-15, Item 331A is adopted as Resolution R-316944 (CEQA exemption; draft R-2027-45), and Item 331B as Resolution R-316945 (the amendment; draft R-2027-43). Both votes are unanimous, with von Wilpert absent and no recusals listed. - KPBS reports that staff called the changes favorable to the City and required by the developer's lenders. KPBS reports that Whitburn praised the creativity of the development team led by Kelly Moden. - Times of San Diego reports public commenters raising concerns about asbestos and financing. - The same day, Pacific Public Affairs files an amended 2026 registration that still lists MRK.

Not yet closed. The City says the team is "working to finalize financing ahead of closing and construction". As of 2026-10-05, no closing or construction start was found. Earlier targets had escrow closing by June 2026.

The Ethics Commission determination

  • What it said. In a statement reported by the Union-Tribune on 2024-10-27, Executive Director Sharon Spivak said: "To the extent that the applicant represented that the bid is solely to purchase the property, and the land purchase transaction would not come before the Planning Commission, the conflict of interest provisions of the Ethics Commission are not implicated by the bid alone" UT-2024-10.
  • Its limits. The Union-Tribune reported on 2024-10-27 that Spivak said the advice was narrowly tailored to the question posed to her office. In her words: "Any future transactions related to the property would need to be analyzed." She added that the Commission "often advises that there can also be optics issues in given situations" UT-2024-10.
  • How it was relayed. In July 2025, the City's Economic Development Department described it as a finding of "no conflict of interest because the project did not have to go before the commission" ToSD-2025-07.
  • Planning Commission record. No Planning Commission agenda from January 2025 to September 2026 carried the project PC-Archive. The City's 2026-08-28 hearing notice states the project "would be exempt from needing a development permit" Notice-2026 SDMC-156.
  • Not public. No public source found gives:
  • the advice document itself;
  • its date;
  • who requested it;
  • whether it was formal or informal advice.
  • Open question: whether any later analysis, of the kind Spivak said future transactions would need, was requested for the 2025 ground lease or the 2026 amendment. The Commission does not generally publish its advice; its posted letters stop at 2018. So the absence of a public record does not show whether any analysis was sought EC-Advice UT-2024-10.

Who is on the development team (City disclosure, 2026-08-20)

RoleEntityControlled bySource
Tenant / borrower101 Ash Venture LPits general partnersStaff-2026
Administrative general partner101 Ash AGP LLCSydne Garchik, manager; state report lists MRK Partners as parentStaff-2026 CTCAC
Managing general partner101 Ash MGP LLCPacific Southwest Community Development Corp. (nonprofit), sole memberStaff-2026
Co-developerMRK Partners, Inc.Sydne Garchik (100%)Staff-2026
Co-developerMKAFF Housing, LLCKelly Moden (100%)Staff-2026
  • The ground lease's transfer clause names "Sydne Garchik, Cathy Coler, or Kelly Moden." While any of them keeps "Control," a transfer counts as a "Permitted Transfer" FA-2026. No document found states Coler's role.
  • The Council's 2025 selection named Create Dev LLC as the partner, and press coverage did so through December 2025 OBR-2025-01 UT-2025-12. Moden's 2025 Form 700 lists both Create Dev LLC and MKAFF Housing LLC, at the same address F700-2025.

Lobbying, disclosures and contributions (public-record context)

This section lists registered lobbying, Form 700 gift reports and campaign contributions from the public record. No document found links any of them to the 2025 selection or to either Council vote. All searches were run as of 2026-10-05.

  • Lobbying for the team.
  • Pacific Public Affairs lobbied for MRK Partners. It registered on 2025-01-27, was active through Q2 2026, and reported $37,500 in compensation for 2025 EC601-PPA EC603-PPA.
  • Allen Matkins' registration amendments filed 2025-11-05 and 2026-08-14 list Create Dev LLC and MRK Partners as clients for the 101 Ash Street redevelopment EC601-AM.
  • Gifts reported on Moden's Form 700s.
  • 2024 statement, filed 2025-03-03: gifts from several organizations, including a $250 Pacific Public Affairs event ticket dated 2024-12-30 F700-2024.
  • 2025 statement, filed 2026-04-01: about $1,816 in event hospitality from six sources, including Pacific Public Affairs F700-2025.
  • The 101 Ash decisions were Council votes, and the matter never came before the Planning Commission Council-2025-07 Council-2026-09 PC-Archive.
  • Who brought the amendment. The 2026-08-20 staff report is from the Economic Development Department, under Director Christina Bibler. Staff cited HUD and other lender requirements Staff-2026 KPBS-2026-09. No record found shows who first proposed the specific changes.
  • Contributions. The tables below show City-candidate contributions found for 2022-01-01 to 2026-10-05, to council members who voted on either item eFile-Contrib.
  • No City-candidate contributions were found in that period from MRK Partners, Sydne Garchik, Create Dev LLC or Pacific Southwest Community Development Corporation eFile-Contrib.
  • No contributions from Moden, Lawson or Benvenuto to Mayor Gloria were found in that period eFile-Contrib.
  • Behested payments. None involving Moden, MRK, Create Dev or Pacific Public Affairs were found in the MathPolitics database as of 2026-10-05 DB.

Kelly Moden:

Recipient committeeAmountDate
Jennifer Campbell 2022$2002022-04-22
Kent Lee 2022$2502022-07-27
Marni von Wilpert 2024$1002023-07-01

Pacific Public Affairs lobbyists:

DonorRecipient committeeAmountDate
Stefanie BenvenutoJennifer Campbell 2022$1002022-04-04
Stefanie BenvenutoMarni von Wilpert 2024$2492023-11-10
James LawsonJennifer Campbell 2022$6502022-04-19
James LawsonKent Lee 2022$6502022-05-12
James LawsonStephen Whitburn 2024$2492023-12-29

The member's points, checked

PointWhat the record showsStatus
Moden is Planning Commission ChairListed as Chairperson on the 2026-07-16 agenda. Her term runs to 2028-01-28. No change found as of 2026-10-05 PC-2026-07 BoardsDocumented
Her company is one of three general partnersIn 2025, the City's agenda described the tenant as a partnership "to be formed and controlled by MRK Partners, Inc. and MKAFF Housing, LLC" LUH-2025-07 Council-2025-07. The 2026 City disclosure names two general partners (101 Ash AGP LLC and 101 Ash MGP LLC). It lists Moden's MKAFF Housing LLC as a co-developer, not a general partner Staff-2026. The state staff report lists MRK Partners and the nonprofit as the general partners' parent companies CTCACNot supported by the 2026 disclosure; 2025 wording differed
She could profitOn 2025-07-29 the Union-Tribune reported that she "stands to collect a portion" of the developer fee UT-2025-07. The August 2026 figure for the fee is $30,376,356 KMA-2026. No document found shows the splitReported by the Union-Tribune 2025-07-29; split not public
The 2026-09-13 U-T article omitted the conflictThe body was not read because of the paywall. The Union-Tribune reported Moden's dual role on 2024-10-27 and 2025-07-29 UT-2024-10 UT-2025-07. Its 2025-12-19 story named Create Dev LLC but not Moden UT-2025-12Open
Planning Commission considerationNo 101 or 107 Ash Street agenda item was found in the January 2025–September 2026 records reviewed PC-Archive.Documented for the period reviewed

Open questions

  • Developer-fee split. The share of the $30.4M fee going to MKAFF Housing LLC or Create Dev LLC is not public KMA-2026.
  • Ownership of 101 Ash AGP LLC. The City disclosure gives only its manager, Garchik. The state report lists MRK Partners as a parent company. Its membership is not public, and the California Secretary of State business search was not reachable for this brief Staff-2026 CTCAC.
  • The Ethics advice. Its text, date, requester and the statutes it applied are not public. Neither is any later analysis of the 2025 lease or the 2026 amendment, if one exists UT-2024-10 EC-Advice.
  • Status of Gordon v. City (25CU036821C). The court's online index was not reachable LitLog.
  • The 2026-09-13 Union-Tribune article. It is unknown whether its body mentions Moden or the Planning Commission UT-2026-09.
  • Item 331 public comment. It is unknown whether anyone raised Moden's role in public comment on 2026-09-15. The minutes are not yet posted, and the video was not reviewed Council-2026-09.
  • Older disclosures. Moden's Form 700s for 2020–2023 and her Assuming Office statement were filed with the City Clerk and were not obtained. Only the 2024 and 2025 statements are on the state portal F700-2024.

Key players (roles as of 2026-10-05 unless dated)

  • Kelly Moden — Planning Commission Chair since 2024-02-08, and a member since 2020. Owns MKAFF Housing LLC, a co-developer, per the 2026-08-20 disclosure. Managing member of Create Dev LLC, per her Form 700 filed 2026-04-01.
  • Sydne Garchik — Owner of MRK Partners, the co-developer named as "Developer" in the state's 2025-12-10 report. Manager of the administrative general partner, per the 2026-08-20 disclosure.
  • Pacific Southwest Community Development Corporation — Nonprofit sole member and manager of 101 Ash MGP LLC, the managing general partner, per the 2026-08-20 disclosure.
  • Sharon Spivak — Executive Director of the Ethics Commission. Her statement on the no-conflict advice was reported 2024-10-27.
  • Todd Gloria — Mayor. Announced the 2025-01-27 selection.
  • Christina Bibler — Economic Development Director. Staff contact on the 2026-08-20 staff report.
  • Stephen Whitburn and Kent Lee — Moved and seconded the 2025-07-29 approval.
  • Michael Aguirre — Attorney for petitioner John Gordon in the public-records suit filed 2025-07-14.
  • Pacific Public Affairs (James Lawson, Stefanie Benvenuto) — MRK's registered lobbyists on 101 Ash since 2025-01-27.

Caveats

Read this before quoting any figure
  • No wrongdoing is alleged. The Ethics Commission advised that the bid did not implicate its conflict rules. No court, agency or ethics body has found that Moden acted improperly.
  • The Ethics advice is known only secondhand. The sources are the Union-Tribune's account of Spivak's statement and the City's paraphrase.
  • Developer fee figures differ by date. Press reported $32.7M in 2025, the state staff report gave $30,843,191 in December 2025 CTCAC, and the City's consultant gave $30,376,356 in August 2026. This brief uses the latest.
  • City costs are an estimate. The $96.2M figure is mostly the 2022 settlement acquisition plus estimated maintenance through 2026. It is not a new appropriation.
  • City note interest, two texts. The 2026-08-20 staff report describes the new rate as 5% compounding. The note's HUD rider says interest "shall not be compounded as long as HUD is the insurer or holder" of the HUD-insured loan FA-2026. The note was already junior to senior construction financing under the 2025 agreement Staff-2026.
  • Contribution tables have defined limits. They cover 2022-01-01 to 2026-10-05 from the City's eFile system, deduplicated by committee and transaction ID. They include only contributions to council members who voted on either item. Contributions to other candidates and committees are not listed.
  • Company names. Moden's company is "Create Dev LLC" in her filings and "cREate Development" as a trade name F700-2025 UT-2024-10.

Related reports

The System (#4) and The Committee Chair (#32) cover the Planning Commission and the Land Use & Housing Committee. How We Got Here: The Throughline (#255) covers the 2016–2022 lease and settlement.

Reference key

Member Questions #1 · condensed AI fact sheet · as of 2026-10-05. Chronological; every claim cited; inferences flagged; open questions marked. Source: a member's question about the 101 Ash Street (now 107 Ash Street) redevelopment, answered from public records and the MathPolitics database.

Corrections

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