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To: The City of Garden Grove,
June 5, 2009
The Garden Grove City Clerk,
The Garden Grove City Staff
The Garden Grove City Council |
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From: Scott Weimer
12866 Main Street, #100
Garden Grove, CA 92840 |
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REQUEST FOR INFORMATION PURSUANT TO THE
CALIFORNIA PUBLIC RECORDS ACT |
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Relating to the City of Garden Grove's Intention to Initiate Proceedings
toward Dissolution of Vehicle Parking District #2 |
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| Pursuant to my rights under the California Public Records Act (Government Code Section 6250 et seq.), and pertaining to that certain Agenda Item # 7.b discussed and acted on at the Garden Grove City Council meeting of May 26, 2009, I hereby ask to be provided the following information and/or documents of which you hold and/or have in your possession: |
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| 1. In writing, please explain specifically what the exact intent and express purpose is in abolishing Vehicle Parking District #2 and Main Street Parking Commission? |
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2. Also where, when and how exactly did the initiative originate including disclosure of any and all locations and times of all meetings relating to this initiative? Also relating to this matter:
A. Was it Staff directing Council or,
B. Was it Council directing Staff?
C. If Council was directing Staff then where, when and how did this occur or,
D. If Staff was directing Council then where, when and how did this occur? |
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3. Please provide me with:
A. The legal basis and lawful statutory authority upon which the ordinance to dissolve Vehicle Parking District #2 will be based,
B. The legal basis and lawful statutory authority upon which the ordinance to dissolve a special benefits District and Commission, of which was formed by a specific group of individuals for a specific beneficial purpose of which still exists, which was created under legislative action of the County of Orange, which pre-dates the existence of the City and which was established under the authority of State law, will be based. |
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| 4. Please provide me with a copy of that certain legal analysis prepared and presented to City Council by Stadling, Yocca, Carlson & Rauth as referenced under "Discussion Regarding Vehicle Parking District 2" in the minutes of the City Council meeting of March 17, 2009. |
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| 5. What provisions will the dissolution ordinance contain relating to compensation in the form of monetary refunds to the original business and property owners, i.e., the Pecors, the Zlakets, the Silvas, the Starvos, Helen Nolan, and any other surviving individuals who originally formed the Parking District, that have a vested interest in, and of whom paid for years through ad valorem property tax assessments into the Parking Lot Acquisition fund for the purpose of buying the parcels of land that made up the original Parking District? |
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| 6. In light of the Parking District's vested interest in certain and established future revenues resulting from the sale of certain parking lots contained within the district, what provisions will the ordinance contain, such as a trust fund or other fiduciary based proviso, in order to safeguard the receipt, proper administration and appropriate disposition of those funds pursuant to the Vehicle Parking Law of 1943 (Streets and Highways Code Section 31851)? |
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7. In order to give full and proper evaluation of this matter, I assume that a full financial audit will be performed by an independent Certified Public Accountant and that the results will be made available to both myself and the public. Items I would request to be contained in the audit would include, but not be limited to:
A. A detailed map showing all properties included within Vehicle Parking District #2 and all boundaries of said District, along with a list of all property owners who own property within the District, along with the exact square footage or acreage amount of their individual properties which reside within the District.
B. A schedule of all property taxes and revenue streams derived from all sources from each individual property located within Vehicle Parking District #2 as shown on the above mentioned map from the District's inception in 1955 to the present.
C. A schedule of all operational expenditures incurred by Vehicle Parking District #2 as shown on the above mentioned map from it's inception in 1955 to the present.
D. A schedule of remaining surplus revenues available to the Parking District for its discretionary use. |
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8. In addition, I request copies of any contracts, documents and/or securities or relating to:
A. Any planned improvements or structures scheduled to be performed or built on or within the boundaries of Vehicle Parking District #2.
B. Any Bond sales, issuances or other forms of long term indebtedness that have been established, pledged or secured against Vehicle Parking District #2 for the purpose of constructing future improvements or structures on or within the boundaries of Vehicle Parking District #2. |
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| I ask for a determination on this request within 10 days of your receipt of it, and an even prompter reply if you can make that determination without having to review the record[s] in question. |
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| If you determine that any or all or the information qualifies for an exemption from disclosure, I ask you to note whether, as is normally the case under the Act, the exemption is discretionary, and if so whether it is necessary in this case to exercise your discretion to withhold the information. |
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| If you determine that some but not all of the information is exempt from disclosure and that you intend to withhold it, I ask that you redact it for the time being and make the rest available as requested. |
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| In any event, please provide a signed notification citing the legal authorities on which you rely if you determine that any or all of the information is exempt and will not be disclosed. |
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| Also if any of the information requested is non-existent, please state that in writing as well. |
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| If I can provide any clarification that will help expedite your attention to my request, please contact me at 714-290-9942 or scott@weimerandassociates.com. I ask that you notify me of any duplication costs exceeding $100.00 before you duplicate the records so that I may decide which records I want copied. |
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| Thank you for your time and attention to this matter. |
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This request for public information was submitted by
Scott Weimer,
Main Street Property and Business Owner
6/5/2009 |
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