2411 Shamrock Street
City Heights, California 92105
April 27, 2017 By E-Mail and USPS First Class Mail
Ms. Lea Fields –Bernard, City PRA Program Manager San Diego City Clerk – Documents PRA
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San Diego, California 92101 San Diego, California 92101
City Treasurer – Deposit of Rents and Release of Funds PRA Financial Management Department – Budget Oversight PRA
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San Diego, CA 92101 San Diego, California 92101
Real Estate Assets Department – GLOA Oversight PRA Contract Compliance Department - Contract Compliance PRA
1200 Third Ave., Suite 1700 firstname.lastname@example.org 1200 Third Ave., Suite 200 ContactEOC@sandiego.gov
San Diego, CA 92101 San Diego, CA 92101-4195
Citizens EEO Commission – EEO Oversight & PRA Independent City Auditor – Audit Findings Compliance PRA
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San Diego, CA 92101 San Diego, CA 92101 email@example.com
Office of Independent Budget Analyst –PRA Documents San Diego City Attorney – Contract Compliance PRA
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San Diego, CA 92101 San Diego, CA 92101
Office of the Mayor - City Manager Approvals PRA San Diego City Council c/o San City Clerk
City of San Diego firstname.lastname@example.org City of San Diego email@example.com
202 C Street – 11th Floor 202 C Street – 2nd floor
San Diego, CA 92101 San Diego, CA 92101
RE: Renewed Public Records Request (PRA) for all documents, of any type or nature, Concerning the Expenditure of San Diego City Charter 77a tax expenditures; Contract Compliance; Reports of Audits;, Budget Requests; Affirmative Action and EEO-1 Compliance; Changes in Conditions of Assets; Requests to alter or Improve Leased Space; Requests to Set, Change or Alter Admission fees and charges; Correspondence and Emails; Filings and Disclosures by Lobbyists or representatives of the 77a Contractor (San Diego Zoological Society /Zoo Global Corporation ; and reasonable related documents, correspondence, emails, reports, notices, certificates, consents, annual proposed Budgets, annual Financial Statements, annual Audits, memorandums related to the distribution and use of public tax monies, the real and personal property assets of the City of San Diego managed under contract by Zoo Global corporation . This Public Records Request is made under City Charter Sections 215-216.1, et al and California law. Charges are not to exceed $100 dollars without prior approval.
Dear Responsible Representatives of the City of San Diego,
I am renewing my Public Records Request for documents concerning the public tax monies and administrative reports required by the very detailed agreement between the City of San Diego and the private San Diego Zoological Society (sic Zoo Global corporation). My letter, of February 13, 2017, and my public testimony, of February 13, 2017, made a ” … a public records request for these annual lease required reports and budget proposals.” Please see letter and testimony on file with the Office of the City Clerk, which are incorporated herein by reference.. I never received a response to my written and oral request. This request provides further clarity and definition and is additionally addressed to the Departments and Commissions that appear to have actual oversight and administration of these matters. I am additionally inquiring as to monies received for the past decade as to the rent, sales and subletting of both the GARDENS and PRESERVE city properties and the insured collection assets of the City.
The “Performance Audit of the Zoological Exhibits Fund” – see: https://www.sandiego.gov/sites/default/files/13-013_Zoo_Fund.pdf , identified a lack of documentation concerning these tax funds and promised reforms. The City Council took action on this Audit, after receiving testimony, on June 29, 2013. In summary, the audit found that the private Zoo Global corporation received millions of dollars in tax monies, but there were no receipts to show that the money was specifically spent to meet the restrictive Charter requirements and to meet the specific additional requirements of the agreement with the corporation for expenditure of annual funds, as budgeted, under that agreement. I am yet to see any evidence of the promised reforms to protect taxpayers interests, assets, or tax monies, provided under law and the agreement, as amended. There are apparently funds, revenues, and insurance proceeds that should be accounted for by the contractor, as a result of its exclusive benefit and access to public lands and the flora and fauna collection property of the City, under its stewardship obligations. SEE: http://dockets.sandiego.gov/sirepub/agdocs.aspx?doctype=minutes&itemid=101793 The referenced Performance Audit and public hearing testimony are on file at the Office of the City Clerk and as an archived video on City TV at: http://granicus.sandiego.gov/MediaPlayer.php?view_id=3&clip_id=5872 Items S401 and 150, all of which is incorporated hereby reference. The referenced GARDENS lease and operating agreement, ( Doc. No. 767195) specifically describe requirements for maintenance of tax monies, prohibits comingling of funds, and requires an annual audit of the Gardens contractor.
“The City has a 55-yesr lease-operating agreement with the San Diego Zoological Society executed on July 23, 1979 ( Doc. No. 767195) in accordance with Resolution No. 224068 (July 23, 1979) that gives the Society access to Charter 77a tax revenues for maintenance of zoological exhibits in Balboa Park.” [Footnote “3” to Office of City Attorney Memorandum, of June 24, 2008 to Mary Lewis, Subject The Zoo Tax: Charter Section 77a requirements] The subject Memorandum, lease-operating agreement, and Resolution are incorporated herein, by reference. This Public Records request seeks all memorandums, emails, legal opinions and memorandums of law, staff reports, and management correspondences, of any type or nature concerning the use of 77a Tax Funds, rents and profits from the GARDENS or PRESERVE and activities that occur on the land referred to as the GARDENS and PRESERVE or the use of those lands or benefits from the use of those lands in exchange for maintenance of zoological exhibits described in the agreement or the City Charter. Further the public records request seeks all plans, consents, audits, assignments, certificates of insurances, notices of loss or damages, City Manager’s / Mayor’s approvals under the agreement, SOCIETY’s annual proposed Budget submissions and Statement of Financial conditions, as are required by the referenced document, as amended for a period of the last ten (10) years, beginning in 2006. If any report, proposed Budget, Financial Statement, Certificate of Insurance, Notice of Loss or Damage, Notice of Default or related documents required by the referenced ( Doc. No. 767195) as amended is not available during the last decade, then a copy of the most recent report, plan, statement , notice or related documents, available in the decades prior to 2006. At minimum, the City should know the conditions of its flora, fauna, and personal property managed as a primary obligation of the Society and the GLOA requires notices of any loss.
Hereafter the referenced lease-operating agreement shall be referred to as the “GARDENS’ lease-operating agreement, consistent with Article I, RECITALS of the above referenced document on file in the office of the Clerk of City of San Diego. All references are to pages, ARTICLES, and sections of that “GARDENS’ lease-operating agreement herein after abbreviated as “GLOA” The GLOA requires certain affirmative actions, notices, certificates, proposed annual Budgets and Financial Statements, and routine reports to City, “City Manager” (sic Mayor), and City Council. The attached table provides a selected listing of these required GLOA reports, for the convenience of the responsible Departments, who are the likely record holders. The GARDENS GLOA appears to have been amended, twice, and all amendments are incorporated herein by reference.
Specifically would like immediate copies of documents from last three (3) year period, of the audits conducted by City under section 7; the annual proposed SOCIETY Budget as required by GLOA section 11; the required annual full Financial Statement as required by GLOA section 12; the most recent Certificate of Insurance as required by section 18 and subsequent amendments; the most recent Notice of Loss or Damage to City Assets under sections 25; a copy of the most recent Bonds required sections 19 a. and b,; a copy of the City’s approval of solid waste disposal methods as required by section 25; and any Mayoral approvals of plans, actions, and borrowing/indebtedness by Society, as required in the GLOA. I am willing to pay reasonable copying fees for these routine documents up to one hundred dollars and no cents ($100.00). If the copying fees estimate would exceed that amount then I request the opportunity to arrange for a commercial copying service and to inspect the documents proposed for copying in response to this request, prior to incurring any additional costs. In no case am I requesting the preparation of any special report, computer search, or any research that might result in additional costs, without my specific prior approval.
Review of the GLOA and its amendments suggests that the City has been receiving rents and other payments under these agreements. At minimum, it appears that these REVENUES are to be deposited with City Treasurer and appear amount to some $300,000+ dollars, in unique REVENUE. I am requesting information as to whether those REVENUES have been deposited with the City and into what City Fund? Specifically, how would members of the public and City Council have received notice of these or other related REVENUES? Where in the City Budget does the City Council approve the expenditure or use of these funds? I am asking for the reference pages in the most current approved City Budget and CAFR. I am not requesting any special report or research, just the public processes for receipt, reporting, and use of these REVENUES generated by the use of public property.
Please contact me immediately for any needed clarification of this renewed PRA. If the estimates of charges may exceed $100 dollars, please contact me before incurring any additional costs. I request that the City PRA program distribute copies to the responsible departments, Mayor, City Attorney, City Auditor, City Clerk, and City Council’
John Stump, resident and taxpayer of the City of San Diego
Attachment: INDEX SUMMARY OF GARDENS LEASE OPERATING AGREEMENT (GLOA) REQUIREMENTS
Copies Via: PRA Program Department and City Clerk’s Office