14-1118_BLENHEIM FACILITY MANAGEMENT_CC_D14_correspondence_2Maria Morris
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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:
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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
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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!
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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
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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