HomeMy WebLinkAboutItem No. 07 Supplemental Information (2)�/
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Susan M. Domen, MMC
From: Barbara Leibold <barbara@ceqa.com>
Sent: Tuesday, August 8, 2017 4:01 PM
To: Susan M. Domen, MMC
Cc: Grant Yates
Subject: Fwd: Cottages Objection by Lumos
Attachments: image004.png; ATT00001.htm; image005.png; ATT00002.htm; image006.png;
ATT00003.htm; Cottages Parcel Map.pdf, ATT00004.htm
Please distribute to the city council re agenda item tonight.
Sent from my iPhone
Begin forwarded message:
From: "Jim Stroffe" <jstroffe@fsRlawvers.com>
To: "Barbara Leibold" <barbara@ceoa.com>
Cc: "Steve Semingson(spsemingson@civicpart_ners.com)" <s semin son civic artners.com>,
"Alexander Tina (talexander@civicpartners.com)" <talexander civicpartners.com>
Subject: Cottages Objection by Lumos
Barbara,
I understand that Leonard Leichnitz sent an "Objection to Issuance of Housing Revenue Bonds
for Cottages at Mission Trail" to the City Clerk in connection with the public hearing scheduled
for August 8, 2017. 1 also understand that you were copied on this correspondence.
The issue raised by Mr. Leichnitz is not germane to the hearing. This is not a land use
hearing. Adoption of the Resolution is solely for the purposes of satisfying the requirements of
the Tax Equity and Fiscal Responsibility Act (TEFRA), California Government Code Section
6500 and the public approval requirement for private activity bonds of IRC Section 147(f). It is a
hearing to authorize issuance of tax exempt bonds by CSCDA.
Mr. Leichnitz raises a potential dispute between adjoining property owners which has no bearing
on the matter before the Council. It is a private property matter to be resolved between the
parties or by a judicial officer. One can't help but question the motives of Mr. Leichnitz; whether
he has a hidden agenda or is acting on behalf of someone else who does. Interestingly, Mr.
Leichnitz fails to mention the fact that the ELSP, including ESLPA # 8 (which incidentally
was prepared by Lumos/Leichnitz) establishes the circulation plan for access to the JLJ, LP
property, and it is not over or across the Liberty Founders parcel.
Regardless, the essential point is that the Liberty Founders property (APN 365-030-041) over
which Mr. Leichnitz claims some right of access is not a part of the Cottages Project. Among
other things, Mr. Leichnitz has misrepresented the Cottages project location in the attachment to
his letter (see attached excerpt). The Cottages as submitted for design review does not include
the Liberty Founders parcel (see attached parcel map depicting project boundaries) over which
the alleged access is claimed. Whether intentional or innocent, the objection is a red herring.
There is no basis for postponing the hearing or for re -designing the project. There is no merit to
Mr. Leichnitz' threat of injunctive relief or to his derogatory suggestion that the "project... does
not respect neighboring property rights." Mr. Semingson has previously responded to Mr.
Leichnitz that he has alternative access. Apparently not liking the response, Mr. Leichnitz has
chosen to mislead and obfuscate the Council for some as yet unknown purpose.
If you have any questions, please feel free to contact me.
Sincerely,
James D. Stroffe
Shareholder
Friedman Stroffe & Gerard, P.C.
19800 MacArthur Blvd., Suite 1100
Irvine, CA 92612-2425
T: 949.265.1100
F: 949.265.1199
Direct Dial: 949.265.1103
E: istroffe(q)-fsglawyers.corn
Website: www.fsglawyers.com
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