There's much to see here and learn. So, take your time, watch the videos below, and learn all about the Special Government District known as the CSD. These public meetings are held behind the private gates of Three Arch Bay. The recent actions of the CSD and TABA potentially threaten the private Three Arch Bay community.
CSD APPROVES MILLION-DOLLAR CONTRACTS TO FUND THREE ARCH BAY. Homeowners also learn Three Arch Bay has refiled their Statement of Information with the California Secretary of State on 2/22/22 and is no longer filed as a Common Interest Development (HOA).
In this video (part 1 of 3) the public speaks out against agenda item #1 in which the CSD wants to limit all public comments on all agenda items to 30 minutes total. This CSD is governed by the Brown Act which is enforced by the Orange County District Attorney. The elected officials after hearing public comments on agenda #1, vote 4-0 moving forward, to limit the entire public comments at CSD public meetings to 30 minutes total for the entire meeting regardless of the number of agenda items and the number of speakers. This public meeting was held behind the private gates of Three Arch Bay.
In this video (part 2 of 3) the public speaks regarding a contract entered into by the Special District (CSD) and a private entity that the publicly elected officials have a personal financial interest in. During Public Comment, the speaker mentioned a 2019 California Fair Political Practice Commission letter sent to the CSDs legal council. The inquiry to the FPPC was for a different CSD client the attorney represented the “Spalding Community Service District Board”. The information the FPPC provided in their letter appears to also apply to the Three Arch Bay Community Service District and the 2 contracts they entered into totaling over 900k per year with the private entity. Every elected official is also a member of this private entity and has a substantial financial interest. Page 3 of August 1, 2019, FPPC letter states: “Under Section 1090, "the prohibited act is the making of a contract in which the official has a financial interest." (People v. Honig (l996) 48 Cal.App.4th 289, 333.) A contract that violates Section 1090 is void. (Thomson v. Call (1985) 38 Cal.3d 633, 646.) The prohibition applies regardless of whether the terms of the contract are fair and equitable to all parties. (Id. at pp. 646- 649.)” The FPPC website also states: “A violation of the Act can be pursued in three ways: 1) Administrative proceedings by the Enforcement Division; 2) Criminal prosecution by a local district attorney or the state attorney general; or 3) Civil action by the public, certain government agencies or the Enforcement Division.” Prior to 2019, the CSD legal council reached out to the FPPC regarding Conflict of Interest questions for 2 additional CSDs they represent. The FPPC responded each time with a detailed letter. Did this attorney for the Three Arch Bay Community Service District, make an inquiry to the FPPC prior to the 900k per year contracts being signed as was their practice with other CSDs?
In this video (part 3 of 3) the Pubic audience is told midway through the public meeting to leave, that the CSD is going into closed-door session. This Special Public District (CSD) does not come back to get the public to resume the meeting. After an hour of waiting in the cold outside, a member of the public knocked on the door and was told to leave. This Special District is governed by the Brown Act which is enforced by the Orange County District Attorney.
A resident of Three Arch Bay brings to the attention of the FPPC board of commissioners a potential conflict of interest between the public Special District (CSD) and the private Three Arch Bay non-profit corporation (tennis club).
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