OFFICE OF THE am vanizant DISTRICT ATTORNEY ( ORANGE COUNTY, CALIFORNIA Secacmroacts TONY RACKAUCKAS, DISTRICT ATTORNEY any anne wccautey December 8, 2009 wcnase n.sason OMAR SANDOVAL, City Attorney Sonn eae City of San Juan Capistrano 400 Paseo Adelanto San Juan Capistrano. CA. 92675 Dear Mr. Sandoval: As you recall, on Friday, November 5, 2009, yourself, Mr. Mark Nielsen, Mayorand Joseph Tait, Interim City Manager of San Juan Capistrano met with Mr. Mike Lubinski and me in our offices in Santa Ana. The meeting was to discuss the complaint this office had received alleging violations of the Ralph M, Brown Act (Govt. Code § $4950 er sey) by the San Juan Capistrano City Council and Redevelopment Agency with respect to the Option Agreement between those entities and Continuing Life Communities Management, LLC. The meeting’s purpose was to explore the possibilty of reaching meeting of the minds concerning the allegations of the complaint, the state of applicable law on the issues raised. and the best way Forward, Atthe conclusion of the meeting, you represented that the City would provide this office with a leter stating tha all future meetings involving this Option Agreement and the property development it concerned would be properly noticed, open and in public, In addition we agreed that the parties would submit a joint request to the Attomey General for an opinion regarding ‘whether, and to what extent, the language, “price and terms of payment,” contained in Govt. Code § 54956.8. the Real Property exception to the Brown Act's Open meeting requirements, permit the closed session discussion of items other than the ‘monetary price of and the specific tems by which the monetary price would be paid, ‘The City was to provide this office with a list of those terms which it believes are necessary to discuss in closed session in order to properly represent its constituents and residents in real property negotiations and which should be included within the meaning of the terms “price and terms of payment Since our meeting, overa month ago. this office has received no further communication from the City or any of its officers or officials reyarding the status of our agreement. Accordingly: your reply to this letter affirming our agreement in axldition to the promised written statement and items to be included in a request to the Attomey General for a written opinion would be appreciated. Sincerely, WILLIAM 1. FECCIA, snior Assistant District Attorney WA tb B uanornce Drcrmorce — Cneeroree Canaan cence CI coum cee