HomeMy WebLinkAboutLake Elsinore 6.24.24 Letter to Council- 6.24.24
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SOLOMON SALTSMAN & JAMIESON
A Partnership of Professional Corporations
426 Culver Boulevard │ Playa Del Rey, CA 90293
Telephone: 310.822.9848 │ Facsimile: 310.822.3512
Toll Free: 800.405.4222
www.ssjlaw.com
Stephen Jamieson
Partner
email: sjamieson@ssjlaw.com
June 24, 2024
Via Email As Indicated, and also by Hand Delivery to the City Clerk for Distribution as
Follows:
To The Honorable Mayor and Members of the Lake Elsinore City Council:
Steve Manos, Mayor, smanos@lake-elsinore.org
Bob Magee, Councilperson, rmagee@lake-elsinore.org
Natasha Johnson, Councilperson, njohnson@lake-elsinore.org
Timothy Sheridan, Councilperson, tsheridan@lake-elsinore.org
Brian Tisdale, Councilperson, btisdale@lake-elsinore.org
And to:
Jason Simpson, City Manager, jsimpson@lake-elsinore.org
Damaris Abraham, Community Development Director, dabraham@lake-elsinore.org
Candice Alvarez, CMC, City Clerk, calvarez@lake-elsinore.org
And to:
Barbara Leibold, City Attorney, barbara@ceqa.com
Dave Mann, Assistant City Attorney, david@ceqa.com
City of Lake Elsinore
Lake Elsinore City Hall
130 South Main Street
Lake Elsinore, CA 92530
Re: June 25, 2024, and all other Meeting(s) of the City Council relative to the Denial
of the Extension of Time Request for the Project relative to a Tentative Tract Map No.
37922, Conditional Use Permit No. 2019-19, and Commercial Design Review No. 2019-27
(Lake and Mountain Commercial Center)
Gentlemen and Ladies:
As you know, the undersigned, along with my colleague Lisa Kolieb of the Akerman law firm,
represent the Applicant in the above-mentioned matter. We recently obtained a copy of the Staff
Report for the June 25, 2024 Council meeting, the Meeting Minutes purporting to support the
vote and decision of Denial in this matter, and the Proposed Resolution of Denial thereon.
June 24, 2024
Letter to the City of Lake Elsinore relative to Denial of Extension of Time Request for Lake and
Mountain Commercial Center
The Proposed Resolution for execution at the June 25, 2024, Council meeting related to the
Project (which is on the Consent Calendar, Item 11, and its attached Staff Report (June 25, 2024,
May 28, 2024, April 9, 2024, and March 12, 2024), as well as the Minutes thereon) are
inadequate, inaccurate, and without basis in evidence, fact, or law. The statement in the Staff
Report that “There are no fiscal impacts associated with this item” is incorrect in that the denial
of the Extension of Time Request will cause the over $4,000,000 expended, and over 5 years of
time spent, by the Applicant in reliance on the City’s actions and omissions to have been wasted.
This will have an extensive adverse fiscal impact to the Applicant, the City, and ultimately the
City’s taxpayers.
The Applicant has, and will continue to, suffer monetary damages for the loss of its investment
in the City of Lake Elsinore. Furthermore, the Applicant did not get a fair trial; and, it is apparent
that there were undisclosed communications which constitute violations of the Brown Act, and
the Applicant’s rights to Due Process, Equal Protection, and other Federal and State
constitutional and statutory requirements and protections.
Thus, as to this Applicant, in its denial of the timely requested extension of time, the City has
committed errors of law, engaged in a prejudicial abuse of its discretion, acted without or in
excess of its jurisdiction, and denied a fair trial. Moreover, the City's decision to deny the
extension is not supported by the findings, and the findings are not supported by the evidence.
While the Applicant remains ready, willing, and able to find common ground and compromise
with mutual benefit in an effort to settle this dispute, if possible, this Council’s approval and
execution of the Proposed Resolution of Denial leaves this Applicant with no choice or option
other than to protect its rights via an appropriate Petition for Writ of Mandate per California
Code of Civil Procedure 1094.5, and claims for monetary damages, attorneys’ fees and costs. See
also Topanga Assn. v. County, 11 Cal.3d 506 (1974) and its progeny.
Please, therefore, let us know right away if the City is interested and willing to engage in good-
faith settlement discussions to resolve this dispute.
Sincerely,
SOLOMON SALTSMAN & JAMIESON
STEPHEN ALLEN JAMIESON
Licensed in California, Michigan, and Wisconsin
Cc:
Lisa Kolieb, Esq./Akerman LLP
Land Use, SSJ
Client
/ab