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14-1118_BLENHEIM FACILITY MANAGEMENT_CC_D14_correspondence_2Maria Morris From: Sent: To: Subject: Hi Maria- Editorial Board . Friday, November 14, 2014 9:05 AM Maria Morris City Council agenda item Dl4 11/18/2014 014 Please re-lodge (re-post) all correspondence from item D4 of the Nov. 4 council meeting to item Dl4. Thanks, Kim Lefuer 1 Maria Morris From: Sent: To: michelle montgomery Sunday, November 02, 2014 10:14 PM Maria Morris 11/04/2014 D4 Subject: Michelle Montgomery/Citizen Request to Reschedule Nov 4,th City Council Meeeting Ms. Morris, As a citizen of San Jmm Capistrano I urge you and fellow City Council Members to reschedule the November 4th City Cmmcil meeting at 3pm when residents are concerned with work as well as casting their votes. This meeting is falling upon Election Day, The last minute addition of D4 to the November 4th agenda needs to be put forth to the newly elected city council following the election on November 4. The residents of San Jum1 Capistrano have the right and need to be included in such an important policy making decision. Please reschedule the November 4th City Council meeting to another date to allow more SJ C residents to attend. Respectfully, Michelle D. Montgomery Maria Morris From: Sent: To: Subject: Sunday, November 02, 2014 5:39 PM Maria Morris Kim McCarthy: Regarding Nov 4th City Council Meeting 11/04/2014 -04 To: Maria Morris, City Clerk PLEASE FORWARD TO COUNCILMEMBERS and CITY MANAGER For the record I object to the meeting on Nov. 4, ELECTION Day, at 3pm when people are working and fitting in the time to vote. I am further opposed to the last minute addition of D4 to Tuesay's Nov. 4th agenda. The proposed Blenheim 2 year Riding Park Agreement will bind the residents literally on the eve of a new city council being elected. This is an important election issue and a vote at this time will unnecessarily prevent this new council and thus the residents from having any policy decision. Please continue this meeting to after the election so that residents can participate. 1 11/04/2014 Maria Morris From: Sent: To: Subject: Kerry Ferguson Monday, November 03, 2014 7:35 AM Maria Morris Regarding November 4th City Council Meeting D4 To: Maria Morris, City Clerk PLEASE FORWARD TO COUNCILMEMBERS and CJTY MANAGER I wish to register my objection to the meeting planned for November 4th, Election Day, at 3PM, when people are working and trying to find time to vote. It is another act of thoughtlessness by the Council Majority. Further, I am opposed to the last minnte addition ofD4 to Tuesday, November 4th's agenda. To ram through a proposed 2 year agreement with Blenheim Riding Park that was clearly opposed by residents at the last council meeting, binding residents literally on the eve of a new City Conncil being elected, shows the lack of consideration this Counc.il Majority gives to meaningful discussion of important issues with adequate resident input. This is an impmtant election issue. A vote in this way wilr selfishly prevent the new Council as well as residents from having any policy decision. Please reconsider and continue this meeting until aller the election so that residents can participate. Sincerely, Kerry Ferguson San Juan Capistrano Resident Manny Ruelas From: Sent: To: Subject: Vikki Morrison San Juan Capistrano resident Vikki Morrison Monday, November 03, 2014 11:12 AM City Clerk Scanstation 1110412014 04 Postpone contract Renewal of Property at Ortega & LaPata until new council is seated Manny Ruelas From: Sent: To: Subject: Linda shown Monday, November 03, 2014 11:21 AM City Clerk Scanstation Open space at La Pata and Ortega 11/04/2014 04 It's very telling that the city council has added the use of the La Pata and Ortega open space property to the agenda tomorrow night when an election is taking place on that same night with three seats in play. I, as a resident of S.JC, ask that tbe contract renewal be postponed until after a new council is seated, so that the new council is not bandcnffed by a contract that they may not agree with. This would be easy enough to do audit is the right thing to do. Let's see if the city council can do the right thing and do what's best for S.JC residents, Enough with the political games. Ted and Linda Shown San .Juan Capistrano Sent from my i!'acl 1 11/0412014 Manny Ruelas Frotn: Sent: To: Donna Monday, November 03, 2014 11:39 AM City Clerk Scanstation 04· Cc: Friends of Derek Reeve for City Council FPPC#1361315; Cynthia; Sue Turner Subject: La Pata Pmperty lease 11/3/2014 City Council San Juan Capistrano Mayor Sam Allevato Re: The land purchased under the open space initiative on La Pata Dear Mayor Allevato, We residents of San Juan Capistrano have asked you many times about the, "Why did we purchase the land on La Pata?", .lohnathan Volzke told me it was to be a park and an events park that would benefit all residents of San Juan Capistrano, And, that this events park would make money for the city, This is not true. Other people mentioned that it would be perfect to have a wedding and special events could be held there. As it turns out the purchase contract said no alcohol could be served on the property. So, no weddings, no special events, It is not open to residents of San Juan Capistrano. Yet we pay for it on our tax bill. The city is also responsible to maintain it at about $30,000 a year (I may be wrong on this number) it may be more as we have to maintain and water the property. An equestrian expert evaluated the parcel and reported on Patch that the site was unsafe for horse trailers to enter and unload horses. So, it is not usable for equestrian events or weddings, or any event, It is closed to us yet we have to pay for it. I object, This is not what we voted for in the Open Space initiative of 08. We residents were manipulated into thinking the open space bond was to acquire property like the Vermulen property. Then you pulled a switch, We have lost the faith Mayor Allevato. Please do not renew this lease. Not only were we residents lied to, we are expected to pay for this park. This is not okay with us. I request that you DO NOT renew any lease on this property at the Tuesday night city council meeting. Remember Mayor, you work for us. Thank you. Donna Fleming San Juan Capistrano, Ca, 92675 Manny Ruelas From: Sent: To: Subject: t:M' 'Wtttw I ;:zt lUI David Maw Monday, November 03, 2014 11:49 AM City Clerk Scanstation Eastern Open Space Lease Renewa! 1110412014 D4 As a taxpayer I am bothered by the notion that open space bonds I fund should be used to purchase land which would be exclusively leased to a private company. The discussions of a contract renewal should be postponed until after a new council is seated, since this is clearly a contentious issue, David Maw San Juan Capistrano Maria Morris From: Sent: To: Subject: Parr, Jarne~ Monday, November 03, 201~ 12:.;" "'"' Maria Morris Meeting November 4, Election Day 11/04/2014 For the record I object to the meeting on Nov. 4, ELECTION Day, at 3pm when people are working and fitting in the time to vote. I am further opposed to the last minute addition of 04 to Tuesday's Nov. 4th agenda. The proposed Blenheim 2 year Riding Park Agreement will bind the residents literally on the eve of a new city council being elected. This is an important election issue and a vote at this time will unnecessarily prevent this new council and thus the residents from having any policy decision. Please continue this meeting to after the election so that residents can participate. Jim Parr 1 Christy Jakl From: Sent: To: Subject: Tish Satterfield Monday, November 03, 2014 1:12 PM City Clerk Scanstation Contract Open Space Bond for La Pata & Ortega Why am I paying taxes on tl1is property while a private company has control of it?? I AM REQUESTING THAT ALL OF MY PROPERTY TAXES BE RETURNED TO ML 1110412014 04- This renewal must be postponed and all residents of San Juan Capistrano made aware of how this council has not been forthright on this issue, Patricia Satterfield Christy Jald From: Sent: To: Subject: Gonza!o Covarrubias Monday, November 03, 2014 1:22 PM City Clerk Scanstation leasing of open space properety Please hold off from contracting this property out again. 11/04/2014 04- We paid for it as citizens and are unable to use it. How much is the lease for and where does the money go??? Is it going to a general fund?? Please lets have some transparency in our city governemtn G. Covarrubias 1 Maria Morris From: Sent: To: Subject: Dear Ms. Morris, Stachemama Monday, November 03, 2014 2:14 PM Maria Morris November 4th City Council Meeting Please forward this to the council members and City Manager as addressed below. Thank you so much I Dear Councilmembers Allevato, Byrnes, Kramer, Reeve, Taylor and City Manager Brust- 11104/2014 04' Five years ago we were promised that if we taxed ourselves to buy open space, our increased property taxes would be used to purchase property that the community could access and enjoy for generations to come. Instead, a maJor portion of the property that was purchased with our public tax dollars has been leased to a private equestrian events promoter. As a result, the public is restricted from accessing this property (known as the "Rancho Mission Viejo Riding Park at San Juan Capistrano") as we were promised. I see that you have added a last minute item on tomorrow's agenda (election day) to renew the private equestrian promoter's lease of our "open space" for yet another two years. I feel that it is very unfair that the meeting is being held when most voting resident are at work or trying to get to the polls in time. I ask that you respect the will of the voters by continuing this important agenda item to after the new council is seated, in order to give the community at large a say in how this property is used. Respectfully, Teri Stache 1 Maria Morris From: Sent: To: Subject: fvlonday, November 03, 2014 2:.l<J "'" Maria Morris Nov. 4th Council meeting Please forward to City Manager and ail Council members. 11/04/2014 D4· In 2009 we residents of San Juan Capistrano agreed to tax ourselves (via bonds) to purchase open space. This vote increased our property taxes in order to fund the bonds. This commitment was made by SJC residents with the understanding that the community would be able to access this land and enjoy the open space It comes to pass that a major portion of the property purchased on the East end of town--purchased with our public tax dollars--has been leased to a private entity which hosts equestrian events on this property. This lease restricts residents from accessing this property as we were promised There was a last minute item on the City Council agenda for November 4 in order to renew the lease, for two years, of this private equestrian entity. This meeting is scheduled for a time when most residents will be working, or attempting to fit in a visit to the voting booth. As elected representatives of the residents, this seems so very poorly planned, on the part of the City Council; No doubt, the community has an interest in the decision, so I ask that you please continue this agenda item to a date and time when residents can participate in the discussion which affects us all. Sincerely, Hannah Rock Maria Morris From: Sent: To: Subject: Monday, November 03, 2014 2:18 PM Maria Morl"is November 4th Council Meeting Dear Councilmembers Allevato, Kramer, Taylor, Byrnes, Reeve, and City Manager Brust: 11/04/2014 D4" In 2009 we residents of San Juan Capistrano agreed to tax ourselves (via bonds) to purchase open space This vote increased our property taxes in order to fund the bonds. This commitment was made by SJC residents with the understanding that the community would be able to access this land and enJOY the open space. It comes to pass that a major portion of the property purchased on the East end of town--purchased with our public tax dollars--has been leased to a private entity which hosts equestrian events on this property This lease restricts residents from accessing this property as we were promised. There was a last minute item on the City Council agenda for November 4 in order to renew the lease, for two years, of this private equestrian entity This meeting is scheduled for a time when most residents will be working, or attempting to fit :n a visit to the voting booth. As elected representatives of the residents, tr,is seems so very poorly planned, on the part of the City Council; No doubt, the community has an interest in the decision, so I ask that you please continue this agenda item to a date and time when residents can participate in the discussion which affects us all. Respectfully, Aaron Rock Maria Morris From: Sent: To: Subject: Monday, November 03, 2014 2:19 PM Maria Morris Nov. 4th Council Meeting Dear Council members Ailevato, Kramer, Taylor, Byrnes, Reeve, and City Manager Brust: 11104/2014 D4 In 2009 we residents of San Juan Capistrano agreed to tax ourselves (via bonds) to purchase open space. This vote increased our property taxes in order to fund the bonds. This commitment was made by SJC residents with the understanding that the community would be able to access this land and enjoy the open space. It comes to pass that a major portion of the property purchased on the East end of town---purchased with our public tax dollars--has been leased to a private entity which hosts equestrian events on this property. This lease restricts residents from accessing this property as we were promised. There was a last minute item on the City Council agenda for November 4 in order to renew the lease, for two years, of this private equestrian entity. This meeting is scheduled for a time when most residents will be working, or attempting to l'it in a visit to the voting booth. As elected representatives of the residents, this seems so very poorly planned, on the part of the City Council; No doubt. the community has an interest in the decisiorl, so I ask that you please continue this agenda item to a date and time when •esidents can participate in the discussion which affects us all. Respectfully, John Rock 1 \Y,Ia,nny Ruelas From: Sent: To: Subject: t:t:rttlftt:" Jim Satt Monday, November 03, 2014 1:04 PM City Clerk Scanstation Public Open Space Renewal 11/04/2014 -04 RE: The agenda item tor Tuesdays City Council Meeting -Contract for Open Space Ortega and La Plata It is unconscionable to bait and switch our tax commitment for tbis Public property, 'I'his council MUST have the integrity to not renew this lease! From: Sent: To: Subject: Stephen Rios Monday, November 03, 2014 12:38 PM City Clerk Scamtation Equestrian event activity on taxpayer property 1110412014 D4 It appears to me that the item on the calendar which will allow equesterian event activities at the exclusion of free unrestricted access to city property by citizens is a gift of public funds to a special group. There is no sense of urgency on the council action on this matter therefore it must be continued until after the election so new councilmembers are not bound by premature judgments as to the benefit that this action will have on all the citizens citizens of San Juan other than those small few with the financial and other interest in this property. Sincerely, Dictated but not read email to avoid delay STEPHEN M. RIOS Attorney at Law Manny Ruelas From: Sent: To: Subject: l~i Maria- - k!efner Monday, November 03, 2014 12;40 PM City Clerk Scanstation Letter to the City Council Please forward the email below to the Council and to C1ty Manager Brust. Thanks so much, Kim Letner Dear Council members Allevato, Byrnes, Kramer, Reeve, Taylor and City Manager Brust- 11/04/2014 D4 Five years ago we were promised that if we taxed ourselves to buy open space, our increased property taxes would be used to purchase property that the community could access and enjoy for generations to come. Instead, a good portion of the property that was purchased with our public tax dollars has been leased to a private equestrian events promoter. As a result, the public Is prohibited from accessing this property (known as the "Rancho Mission Viejo Riding Park at San Juan Capistrano") as we were promised_ 1. see that you have placed a last minute item on tomorrow's agenda (election day) to renew the private equestrian promoter's lease of our "open space" for yet another two years, I ask that you respect the will of the voters by continuing this impor1ant agenda item to after the new council is seated_ The community should have a say in whether we can access the property that we are paying for Respectfully, Kim Lefner San Juan Capistrano ,S.Jlris!J! Jakl From: City Clerk Scanstation Subject: FW: Contract Extension -Riding Park Agenda item D4 From: Mark Speros Sent: Monday, November 03, 2014 1:11PM To: Sam Allevato; Larry Kramer; Roy Byrnes; Derek Reeve; John Taylor Cc: City Clerk Scanstation; Karen Brust Subject: Contract Extension -Riding Park Agenda item D4 Dear City Council Members, 11/04/2014 D4- Regardless of why the two year contract extension for "our" riding park was hastily added to tomorrow's agenda (/1 doesn't need to be renewed until the end of the year and there are four (4} Council meetings between then and now) -it will serve as the perfect morality test for each of you The campaign promises of Council Members Kramer, Taylor and Reeve will still be echoing when this item comes before you tomorrow night. Both Taylor and Kramer have recently gone on record in advocating changes to the existing arrangement and use, so I hope this is simply the first step of discussion and revision and not a rush to approve this particular binding 2 year contract as a final act of the current counciL This contract needs much more discussion, specifically; • Noise restrictions were carried over verbatim from the previous contract -but with the numerous previous violations documented by neighboring residents, why is there no stated monetary fines for violations? • It's casually mentioned that BFN's requirement to maintain Reatta Park will be deleted, That's $30,000 per month, but even with "matching" off-set deductions in gross revenue, what happens if maintenance costs suddenly spike (Le. water costs or landscape failures)-the city would now bear (ho~QJ§!nl@[y_significantcost incrEl,ases alone, • Resident access is mentioned on page three.,specificaliy "a minimum of six (6) days of community events such as movie nights, a pumpkin patch (never happened), winter wonderland (never happened), and concerts in the park (never happened),," So what, exactly did residents get for their $2T 5 million investment other than three "free" movies each year? What documentation was presented that the requirement of 6 nights was even met? How many SJC residents attended (and how many were from other cities)? Do you even know? Why isn't thi.s information regularly a part of the City Manager's Weekiy Rep()rt? · • In the same section, the contract requires SJC-based sports teams be provided preference in any tournaments or events, Over the term of this last contract exactly how many tournaments and sports events occurred and of those, what percentage of them included SJC-based teams? How was preferential treatment prov1ded to those teams? If each of you are truly operating with the best intentions of ALL the residents of San Juan Capistrano, you will table the final vote on this item until the new council is seated, The importance of this contract requires far more time than a cursory review, I'm sure there are many additional questions beyond those I raised -and I only had a few moments to review U1e contract Fair Warning -lndiv1dual actions on this vote will be closely watched-and remembered. J(~~ Mission Springs Manny Ruelas FI'Om: Sent: To: Subject: Parr, James Monday, November 03, 2014 2:52 PM City Cierk Scanstation November 3rd Agenda 11/04/2014 D4 ~ Dear Council-members Allevato, Byrnes, Kramer, Reeve, Taylor and City Manager Brust- Five years ago we were promised that if we taxed ourselves to buy open space, our increased property taxes would be used to purchase property that the community could access and enjoy for generations to come. Instead, a major portion of the property that was purchased with our public tax dollars has been leased to a private equestrian events promoter. As a result, the public is restricted from accessing this property (known as the "Rancho Mission Viejo Riding Park at San Juan Capistrano") as we were promised. I see that you have added a last minute item on tomorrow's agenda (election day) to renew the private equestrian promoter's lease of our "open space" for yet another two years. I ask that you respect the will of the voters by continuing this important agenda item to after the new council is seated, in order to give the community at large a say in how this property is used. Respectfully, James Parr San Juan Capistrano Manny Ruelas From: Sent: To: Subject: Parr, James Monday, November 03, 2014 2:52 PM City Clerk Scanstation November 3rd Agenda 11/04/2014 Dear Council-members Allevato, Byrnes, Kramer, Reeve, Taylor and City Manager Brust. Five years ago we were promised that if we taxed ourselves to buy open space, our increased property taxes would be used to purchase property that the community could access and enjoy for generations to come. Instead, a major portion of the property that was purchased with our public tax dollars has been leased to a private equestrian events promoter. As a result, the public is restricted from accessing this property (known as the "Rancho Mission Viejo Riding Park at San Juan Capistrano") as we were promised. I see that you have added a last minute item on tomorrow's agenda (election day) to renew the private equestrian promoter's lease of our "open space" for yet another two years. I ask that you respect the will of the voters by continuing this important agenda item to after the new council is seated, in order to give the community at large a say in how this property is used. Respectfully, James Parr San Juan Capistrano Manny Ruelas From: Sent: To: Subject: Parr. James Monday, November 03, 2014 2:52 PM City Clerk Scanstation November 3rd Agenda 11/04/2014 Dear Council-members Allevato, Byrnes, Kramer, Reeve, Taylor and City Manager Brust- Five years ago we were promised that if we taxed ourselves to buy open space, our increased property taxes would be used to purchase property that the community could access and enjoy for generations to come. Instead, a major portion of the property that was purchased with our public tax dollars has been leased to a private equestrian events promoter. As a result, the public is restricted from accessing this property (known as the "Rancho Mission Viejo Riding Park at San Juan Capistrano") as we were promised. I see that you have added a last minute item on tomorrow's agenda (election day) to renew the private equestrian promoter's lease of our "open space" for yet another two years. I ask that you respect the will of the voters by continuing this important agenda item to after the new council is seated, in order to give the community at large a say in how this property is used. Respectfully, James Parr San Juan Capistrano Manny Ruelas From: Sent: To: Subject: Hello, M Weatherwax Monday, November 03, 2014 3:36 PM City Clerk Scanstation agenda item for meeting on 11/4 11/04/2014 I am not in favor of the equestrian lease renewal being on the agenda at tomorrow's city council meeting. This should be deferred until after the elections. In addition, this property should be made available to the public as was the original intention of the voters in 2009. Regards, Mary Anne Weatherwax Manny Ruelas From: Sent: To: Subject: tracey imsland Monday, November 03, 2014 4:17PM City Clerk Scanstation Equestrian lease 11/04/2014 D4- Equestrian lease. This should not be put on the agenda at such late notice. This should wait. Thank you 1 11/04/2014 November 3, 2014 2, 2014 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear City Council Item 0.4 on the November 4, 201.4 City Council Agenda proposes to adopt a two year extension of the Riding Park Management Agreement for 2015 and 2016. I find a number of things to dislike about this proposed agreement: 1. The lease is a no-bid item that gives the incumbent terms that are not competitive. 2. The lease is for approximately $240,000 per year. The Blenhiem Company earns more that $1 million per year ir1 revenue from this lease while the taxpayers pay the bond principal and interest charges on our property tax bill of over $2 million per year. 3. The Measure V ballot statement says: MEASURE, '\1 To a.c:quire and improve land io protect andpreserve open space, .natural areas:~ creeks and strea.ms; historic areas, undc:veloped hil.Isidcs and natural frorn residential and cormnercial developrnent and tn pro~/ide t.iona! n:·;creational amenitks ~al.Ch ns bike and 11g sba!l thG of San Juan Capistrano is8t1C 30 rniHion d.o!Jars in m independent put>l.ie expenditure r<c\!11\W salaries? No \vhere cloes the baUot r:n.easure lndic:ate the prope1iy \ViE be excJu.ded frmn use of the pnbllcal.1y nwn.ed prope-rty. an.d th.at the public will be 4 The Offlcial Statement attached t:n l:he bond safe disclosure says: OFFICIAL STATEMENT The Citv intends to use armroxin1atelv $27 . .5 million in Bond nroceeds to acquire ! 32 actes of land located af La Pata &'1d. Antonio Parkwav in south Oranze Cm:mtv known as the" Rancho Mission Vieio Riding Park" (the "Ri.ding Park"). The Citv has entered i.nto a Pl.lrchase and sale agreem.ent to acquire the Riding ·.Park f{x $27,5 rnillion froxn current owners .. RtvfV Comn1unitv Dcvelomnent LLC and D1V1B San Juan Investm.ent 'North, LLC Hoh~etbcc the 0 Sel1er 1i). The R.id.iti.f?: Pa-rk includes NH1estrian. recreational and ar.::rh.:ultural a-reas and anotoxh:nate.lv 42 acres of onen snace/creck habitfd .. Tbe Riding 1\u.k is a weH-kito\Vrl venue i'(Jr onen space events in south Ora:n.L-z.e Count'/ _such r:t.s - Endish horse shoV'.rS, \h/csi..ern horse shows, rodeo events, soccer tournam_cnts, antique ear shovvs .. dDU. shovv's, and various other vouth athletic t:"/enl"i. UDon c-onwlerion of the acquisition of the Riding Park. the Citv intends to re-nam~: the Riding Pad; the 11 H.andw Mission Viei-o RidinE Park at San Juan Capistrano.1 ' Addit:ional1v, unon con1r;letion of the acquisition of the Riding Park~ the C_ity intends to restrict the Riding Park to uses D4 consistent. with Jv1-t~asure Y. Vv'hich include its current uses. The Ridin~:, Park is not cuuentlv within the Citv .lin:rl.ts. Viith tlte cooDcration. ofth.e ScHer, the Citv has initiated the process to annex the !Hdinu P0.rk "into the· Citv lhnits, and exDects to e-orncl.ete the 21111exation orocess inJanuarv 2010, Bond rn·t.J!5eeds wiH be exnended rt:)r the acquisition of the Riding Perrk only fhllowing the completion of the annexation. process. The Cltv intends to usc anv rem.ainimr: bahmce of the Hond nroceeds to acquire or c.onst-n1et im.TJrovcments to onen snacc in the :~·\forth west area. of the Cit'V accm.ircd last vear fron1 J.F. Shea known as the 11Northv.n~st Park .Area.11 The is Drocee-dirt.g· with aU. elem_ents of the Proiect concurrent'IY. but .is sti.H the desih!n. and nl-annixuz. stage. Final ProJeG'i costs related to th.e Northwest Patk Area have not bet-Tl deterrnined. The Official Statement neglects to rnccn:tion that the rontire "Ridina Park'' wil.l be krtsed to the Blenhiern Comvanv and that the public who pays f(w the property cannot use the property during eq-uestrian eve:nts. 5 "The vronosed lease allocates a maioritv of the retuonue g:enerated bv the nublic mooerfy to the Blenheim Company. Is this r~ gift of public fmuls muler Caiifomia Strrte .Lrr~~'s? 6 The on inion of Citv attornevs indicated the Ooen Snace Bonds of 2.009B are tax exenmt The oDinion seem.s to be in conflict with the IRS regulations of Public Purpose Bonds and Private Purpose Bonds. T2x Ma1:ttl·s In the oninion of StradHnQ: Yocca Carlson & Rauth. a Protessional (-.:o.roorali.on. Newnort Beach, CalifO-rnia c~Bond Counsel 11 \ under existin2: statutes, ref!ulations~ ruiir1~zs and iudidal dedsions, and ass-w.ning certain reorese:ntaJions and c.orr.n::diance with certain covenants tlnd Tenu.irements described he.rein, interest (anc1 or~u.in.al issue d-I.sccnmt) on the Series 2009A B'Z111ds is excluded froln gross inc01.11.e fOr fcderat income tax U1J1'DOses and is not an i-Lem of tax nreference for nurooses of calcul.atina the ti.)den:.J alternat.ive minirnum 1-fL'< i.m.nosed on individ:ua.ls a:n.d coroorntions. In the furtlier on inion of Bond Coun-seL intert;;St (and orh~.inal issue discount) on the Series 2009 J\ Boilds is exemot fron1 State of Califotnia ;Jersonal iDeo-me tax. See "TAX M./\.TTER2Yt herein vvri th 1.0 tax consequences relati.t1g to the Series 2009A Bonds. In the fnrillf~r onl·nion ofHond CnnnsrL intere:::t (nnr! nri::rh1nl -issne di:::t~nnnt\ nn the Serle;:.; ')J)O<) T~rmriR 1s e·xemn1' frmn ~t.8tf: nfC?dif(H·ni::~ner<;;0n!~} -incnrnt~ t~~;.:, Se8 nTA X 1\lf-A'l"TFRSn ht;;te1n with respect to tav. consequences relating to the Series 2009B Bonds. 'fhe definitions of what is a .Public Purpose Bond and a Private Pru·pose Bond_ are attached to this letter. It would annear to me that since more than i 0°/o of the net revenue rroes to tl1.e Blenheim_ Con1pany_; the Bonds in. question are clearly Private Purpose Boncls and arc not Tax Exempt. My question is; Does 'thi-s Citv Council reaHv want to 'i·eonardize the Tax Exernnt status of the Bo.nds no,r-; held bv thousands of investors bv anmoving this agreement? "I"hink about the lawsuits that could be generated by your actions tonight John Perry Capistrano Taxpayers Association What it is: A publk·ptnpose bond is a municipal bond that is used to fund projects that benefit the general p-ublic rather than privat€ groups or individuaLs. Pub-lic-purpose bonds contrast with priva-te-purpose bonds~ whtch use a s_igrtl.fic.ant amount thelr proceeds to fund private :actrvities or benefit private parties, How it works/Example: Let's ass·ume-ABC Town wants to open a new pubHc fibrar\; but does not have-the -money to fund the construction. One option may be to issue municipal' bonds. Because the bonds will fund a proje-et that benefits the general public, the munl.ci'pal bonds wf!i probaL-;!y be considered pub!!c-purpose bonds. A-lthough determining what projects truly benefit the general public rnay be controversial, the threshold for deciding whether a munidpa1 bond is private-purpose or public-purpose is usually whether priva-te entities rece.fve-more than 10 of the proceeds and whether the project has broad so-cla! value. The Tax Reform Act of 1986 created the distinctions between public-purpose and private-purpose bonds in an effort to limit the tremendous temptation munteipaHties faced to essentially act as commercial bands for private entities with proJects that lacked substantia! soda! bene·fit. The Act, which made the private-purpose bond a taxable investment, quelled much of this temptation, Today, there are n""1an.y kinds of public-purpose-bonds (Le., general obHgation bonds, revenue bonds, tal( anticipation notes, etc.L but overall, these bends fund projects such as roads, libraries, CH'id infrastructure systems. Why it Matters: One of the larg-est advantages of investing in municipal bonds is that the interest is usually exempt f-rom federal taxes .(and most state and !oca! taxes lf the investor Hves in the state or munidpallty issuing the debt), but this exemption on~y applies to pubHc-purpose bonds, and even then the-!RS can apply the alternative minim urn tax {AMT} to the interest income in certafn circumstances. Thus, every municlpa! bond fnvestor must take the time to read h!s bonds 1 offe~·lng statements, learn wheth<-:~r his bonds are pubHc-purpose Of" prfvate-purpose, and understand his fndivldua! tax situation. MunicipFJI bend offer\ng statements must carry the opinion of a qualified tzx attorney stating whe-ther the interest on the bond is taXable or tax-e-xempt acc-ording to the Tax Reform Act of 19$6 and other related laws, Municipal bond funds should al·so receive the same scrutiny, because if any of a fund 1s bands are-prlvatE>purpose, investors couid be subject to taxes there as welL Private Purpose Bond Otf!NIT!ON of 'Private Pur!lt}Sie B~:md' A type of municipal bond that is issued to finance a pr 0ject for which at least 10 of the benefit will g.o t.o a private s.ector entity. Municipal bonds are usually associated wfth tax .. free income. However, the Tax. Reform Act of 1986 requires municipal bonds to be categorized as either public purpose or pr-ivate pu-rpose, and rn.ak€s the interest payrnents that investors receive from private purpose bo!1ds taxable unless the bonds are specifically 8)(empted. A bond used to financ€ a sports stadium would be considered private purpose because much of the income generated by the stadiurn will go to sports team owners. Public purpose bond income is ta)( tree at the federal level, and often at the state level if the !rrdiv!dual res.ides in the state vvhere-the bond vvas issuecL Maria Morris From: Sent: To: Subject: gammblerr Monday, November 03, 2014 10:53 PM City Clerk Scanstation Regarding open space 11/04/2014 04 Do not sign a new contract until the new council is voted in. This will be so unfair to people who have paid taxes for this open space that they never have been able to use it. You guys are out of your minds. Do not sign a new contract!!!! Maria Morris 11/04/2014 From; Sent: To: Subject: Council Members - Marj Monday, November 03, 2014 8:19 PM City Clerk Scanstation Open Space at Ortega & LaPata l would request that you consider the citizens of San Juan Capistrano be allowed to use this Open Space property D4 that we are paying t<x with our taxes. When I voted to purchase the property I understood it would be used by residents of our city-not leased lo others. At the very least I urge you to postpone any decision on this lease until after the election on November 4th since t'le makenp of the Council may change somewhat. I thank you for your consideration of this request. M.rs. Marjorie Baumgartner, Manny Ruelas From: Sent: To: Subject: Dear Mayor, Cynthia Tuesday, November 0~, 2014 10:29 AM City Clerk Scanstation Lease renewal of La Pata property 11/0412014 Please do not re"lease the land off La Pata. As I understand it, that is to be for residents' use as we are paying for it. Thank you, Cynthia Peeden SJC Resident Cynthia Peeden Manny Ruelas From: Sent: To: Subject: Marc Franz Tuesday, November 04, 2014 10:42 AM City Clerk Scanstation Open space vote 11/0412014 D4 I would like to have this important item on the agenda moved to a later date since we have to vote for a new city Council today. Thanks Marc Franz Marc Franz Vice President of Business Development SIGMAnet 9 Corporate Park suite 150 Irvine Ca 92606 1 Manny Ruelas From: Sent: To: Subject: Tuesday, November 04, 2014 12:07 PM City Clerk Scan station Open space property at La Pata & Ortega Hwy, 11104/2014 04 I am asking that the contract renewal be postponed until after a new council is seated so that the new council is not handcuffed by a contract that I am paying taxes on, The council meeting tonight is too easily swayed by money, We NEED this space for sports events our families are involved in, Sincerely, Jeanne M, Exworthy San Juan Capistrano, 92675 South County Resident since 1964 San Juan Capistrano Resident since 1997 1