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With Phase Three of the marina revitalization commencing in Dana Point Marina, we requested two items from the OC Executive Office through the Orange County Public Request Portal. We asked for a copy of the "Evidence of Financing" for Phase Three of the revitalization project, and we asked for the Dana Point Harbor Partners, LLC and the Dana Point Harbor Partners Drystack, LLC 2022 fiscal year-end audited financial statement provided by Dana Point Harbor Partners to OC Real Estate. We made our request on April 12, 2023.
When using the Orange County Public Record Portal to request public information, the County has ten days to respond. If the 10th day is a weekend or holiday, the reply will be the next business day.
On April 24, 2023, we received an email from the County stating: "The County Executive Office is reviewing your request and seeking responsive records. Pursuant to Government Code section 7922.535(c), the County is extending the time for its determination.
This extension is due to the need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request and the need for consultation, which shall be conducted with all practicable speed, with another agency having substantial interest in the determination of the request or among two or more components of the agency having substantial subject matter interest therein.
We will provide a determination on your request on or before May 8, 2023. Nothing in this letter should be construed as a representation that the County has all of the records requested or that such records if they exist, are subject to public disclosure."
On May 8, 2023, regarding the "Evidence of Financing" request, we received an email from the County stating: "The County Executive Office does not possess records responsive to your request. This concludes the County's response to your Public Records Act request."
Please review the link to Supervisor Foley's Dana Point Town Hall Meeting on April 25, 2023. Specifically, the time frame of 32:25 to 34:54 (link attached here). Here's the quote from Mat Miller, OC Real Estate: "What's happening in the Marina is because there are 17 phases, they (DPHP) are providing evidence of financing separately to commence each phase and showing that they have financing." Mr. Miller said that evidence of financing "for the first couple of marina phases had been cash in the bank. They've shown us the bank deposits that show that they have more money, 14ish million dollars. I believe that's for the first three phases of the marina construction."
We ask, what is the truth, and what is the lie? Has Dana Point Harbor Partners provided or not provided so-called evidence of financing for Phase Three of the marina revitalization? Why was Phase Three allowed to start if they had not provided it? If they have provided it, why did the County not provide the documentation of the so-called evidence of financing per our public request for information under Government Code section 7922.535(c)?
On May 8, 2023, at 4:02 p.m. (almost closing time), Orange County provided us with copies of the requested audited financial statements. The statements were completed on March 31, 2023. Why did it take Orange County 27 days to provide the information? Was this a purposeful delay on the part of the County? If so, does this instill confidence that our public officials are acting in the public's best interest?
Click here for the 2022 Dana Point Harbor Partners, LLC and Dana Point Harbor Partners Drystack, LLC financial statements. To recap, distributions to the three members of Dana Point Harbor Partners from October 29, 2018, through 2022 net of contributions total $17,058,603. As a reminder, distributions to LLC members are usually for payment of taxes.
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