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Home My WebLink About2021-06-29 Mike and Malissa Bernard Charlene Way From:Emily Kane Sent:Wednesday, June 30, 2021 10:34 AM To:Chris Johnson; Mike and Malissa Bernard Cc:Charlene Way; Ted Baird Subject:RE: The Oasis CUP Affidavit of Legal Interest, Dates of Lease signing, City Council hearing dates, CZC, Concept shown and information material to Wadsworth Subdivision, company named as Balboa Holdings Group Hello Ms. Bernard, I have looked into the question you raised regarding the redacted address on the affidavit of legal interest submitted with the application. My conclusion is that the applicant submitted the affidavit with that portion of the document redacted. We aren’t sure of the purpose of this redaction; the applicant’s address does appear on other application materials submitted with the affidavit. As Mr. Johnson stated, your message will be in the record for the City Council reviews of this matter, and you will have the opportunity to provide verbal testimony regarding the affidavit and the other issues you raise as well. Thank you for bringing this to our attention. Emily Kane| Deputy City Attorney City of Meridian | City Attorney’s Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-898-5506 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to Idaho law with regard to both release and retention, and may be released upon request, unless exempt from disclosure by law From: Chris Johnson Sent: Wednesday, June 30, 2021 9:48 AM To: Mike and Malissa Bernard <MMBERNARD1@msn.com> Cc: Charlene Way <cway@meridiancity.org>; Ted Baird <tbaird@meridiancity.org>; Emily Kane <ekane@meridiancity.org> Subject: RE: The Oasis CUP Affidavit of Legal Interest, Dates of Lease signing, City Council hearing dates, CZC, Concept shown and information material to Wadsworth Subdivision, company named as Balboa Holdings Group Malissa, Thank you for your comments. They have been added to the record for both City Council Reviews. Chris From: Mike and Malissa Bernard <MMBERNARD1@msn.com> Sent: Tuesday, June 29, 2021 12:56 PM To: City Clerk <CityClerk@meridiancity.org> Cc: Robert Simison <rsimison@meridiancity.org>; Bill Nary <bnary@meridiancity.org>; Treg Bernt <tbernt@meridiancity.org>; Liz Strader <lstrader@meridiancity.org>; Luke Cavener <lcavener@meridiancity.org>; Jessica Perreault <jperreault@meridiancity.org>; Joe Borton <jborton@meridiancity.org>; Brad Hoaglun <bhoaglun@meridiancity.org> 1 Subject: The Oasis CUP Affidavit of Legal Interest, Dates of Lease signing, City Council hearing dates, CZC, Concept shown and information material to Wadsworth Subdivision, company named as Balboa Holdings Group External Sender - Please use caution with links or attachments. June 29, 2021 Good afternoon, Mayor Simison, City Councilmembers, and Mr. Nary, I have several questions about the affidavit of legal interest attached to The Oasis CUP: why is the address for Balboa Ventures, LLC redacted from the Public Record? Furthermore, how come there aren’t any Balboa Holdings Group references and ownership addresses and principals listed in this application? In my honest opinion this is important information for the packet. As Citizens, we must give our names and addresses for the record when we present testimony in chambers or via Zoom, and our emails, names, phone numbers, and addresses are also listed in correspondence that goes into the application packet under Public Comments. In my honest opinion, why are investor groups such as Balboa Holdings Group, LLCs, and varying entities spared from revealing who they really are as they are applying for business and development entitlements? Isn’t the nature of this investor pool group, state in which group is filed, how many members are in the group, and other such information material to an application for full disclosure and transparency, in my honest opinion? I realize this is an entitlement granted via Idaho law, but this company does not exist in the Idaho Secretary of State’s online business search. If it is a “foreign” entity doing business in Idaho and therefore before the City of Meridian, must they file? https://sosbiz.idaho.gov/search/business How come Wadsworth Development did not mention The Oasis as an “end user” when they were before you in December 22, 2020 and as they had presented before the Planning and Zoning Commission for the Wadsworth Meridian Subdivision in November 2020? Joe Dodson’s Staff report dated 11-19-2020 said “end users” were unknown https://weblink.meridiancity.org/WebLink/DocView.aspx?id=216791&dbid=0&repo=MeridianCity , yet this has been advertised by Colliers since 2019 (zoom in on the date at the end of the page) as an end user as found via an key word search online https://images1.loopnet.com/d2/SDHN37ZpwGx8CA5HCCXLs25lbC4mBf8y1GH9ryv_Yv4/3085%20Ustick%20%20SWC%2 0Eagle%20Ustick%20Flyer%20120720.pdf If this copy is removed from the internet I have a photo of all pages for you to view upon request with the date of the advertisement. 2 3 In fact, I believe it was both Lisa Holland of P and Z Commission and Luke Cavener of the City Council had said this application was “cut and dry” and this was one very speedy application before both the Planning and Zoning Commission and the City Council with little discussion according to the video viewed and minutes reviewed (as in 10 to 12 minutes in total). VIDEO https://www.youtube.com/watch?v=y1BasSN8qII Wadsworth Begins about 2:01:00 in and ends about 2:13:20. This was the Site Plan submitted, with The Oasis and Jamba whited out or not shown; it is merely listed as Multi- Tenant building. 4 Mr. Brad Watson of Wadsworth Development was on the line that evening for Wadsworth subdivision. The Lease for The Oasis was completed in November 2020. It is of my opinion: isn’t this sort of information considered material, as outlined in code, for your decisions? It is of my opinion: is this the vision the City Council voted upon in 2019 and approved for Wadsworth Subdivision in December 2020? VIDEO https://www.youtube.com/watch?v=y1BasSN8qII Wadsworth Begins about 2:01:00 in and ends about 2:13:20. This is what you were shown in Council Chambers on December 22, 2020. Zoom in on the pic. It shows SHOPS on this illustration. This is the CONCEPT PLAN presented at Council. 5 6 7 Idaho Press November 28, 2020 https://www.idahopress.com/community/money/treasure-valley-commercial-real- estate-roundup/article_89dcddc5-eb4d-5af8-9d2f-e17d6a06096c.html Furthermore, Mr. Dodson was the one assigned to the CZC for the American Family Care, and it is of my opinion that Mr. Dodson’s eyes and other eyes of the City Staff had seen this, in August of 2020 and in September of 2020. It is of my opinion that the end users are indeed revealed in this document, though the Kneaders is now Wienerschnitzel and Starbucks is now Dutch Bros. in Colliers updated advertisements. 8 9 CZC American Family Care August and September of 2020 https://weblink.meridiancity.org/WebLink/DocView.aspx?id=203646&dbid=0&repo=MeridianCity 10 11 Thank you in advance. I ask you to deny the CUP for The Oasis at this location for various reasons, in my honest opinion, amongst them inadequate parking, late hours, and flagrant incompatibility to surrounding business, residences, and uses. The plan presented has since varied from the plan presented before P and Z Commission and the City Council and 12 there is now a mezzanine added for a total space well over 10000 SF, a large variance in space and purpose over the uses that you were presented via Staff and Applicant illustrations and comments in Council, in my honest opinion. Sincerely, Malissa Bernard 4025 N Dashwood Pl Meridian ID 83646 https://weblink.meridiancity.org/WebLink/DocView.aspx?id=221751&dbid=0&repo=MeridianCity In my honest opinion moving rather quickly since the December 22, 2020 City Council date, on December 31, 2020. Nine days is moving rather fast for an end user not known, in my honest opinion. 13 Furthermore, there is a company that does not exist in the State of Idaho attached to The Oasis. It is listed as Balboa Holdings Group. https://theoasismeridian.com/ I searched Secretary of State Business search https://sosbiz.idaho.gov/search/business 14 Just search Balboa Holdings Group and you will get a LinkedIn Page associated with Brian T. Tsai 15 16 Charlene Way From:Mike and Malissa Bernard <MMBERNARD1@msn.com> Sent:Tuesday, June 29, 2021 12:56 PM To:City Clerk Cc:Robert Simison; Bill Nary; Treg Bernt; Liz Strader; Luke Cavener; Jessica Perreault; Joe Borton; Brad Hoaglun Subject:The Oasis CUP Affidavit of Legal Interest, Dates of Lease signing, City Council hearing dates, CZC, Concept shown and information material to Wadsworth Subdivision, company named as Balboa Holdings Group External Sender - Please use caution with links or attachments. June 29, 2021 Good afternoon, Mayor Simison, City Councilmembers, and Mr. Nary, I have several questions about the affidavit of legal interest attached to The Oasis CUP: why is the address for Balboa Ventures, LLC redacted from the Public Record? Furthermore, how come there aren’t any Balboa Holdings Group references and ownership addresses and principals listed in this application? In my honest opinion this is important information for the packet. As Citizens, we must give our names and addresses for the record when we present testimony in chambers or via Zoom, and our emails, names, phone numbers, and addresses are also listed in correspondence that goes into the application packet under Public Comments. In my honest opinion, why are investor groups such as Balboa Holdings Group, LLCs, and varying entities spared from revealing who they really are as they are applying for business and development entitlements? Isn’t the nature of this investor pool group, state in which group is filed, how many members are in the group, and other such information material to an application for full disclosure and transparency, in my honest opinion? I realize this is an entitlement granted via Idaho law, but this company does not exist in the Idaho Secretary of State’s online business search. If it is a “foreign” entity doing business in Idaho and therefore before the City of Meridian, must they file? https://sosbiz.idaho.gov/search/business How come Wadsworth Development did not mention The Oasis as an “end user” when they were before you in December 22, 2020 and as they had presented before the Planning and Zoning Commission for the Wadsworth Meridian Subdivision in November 2020? Joe Dodson’s Staff report dated 11-19-2020 said “end users” were unknown https://weblink.meridiancity.org/WebLink/DocView.aspx?id=216791&dbid=0&repo=MeridianCity , yet this has been advertised by Colliers since 2019 (zoom in on the date at the end of the page) as an end user as found via an key word search online https://images1.loopnet.com/d2/SDHN37ZpwGx8CA5HCCXLs25lbC4mBf8y1GH9ryv_Yv4/3085%20Ustick%20%20SWC%2 0Eagle%20Ustick%20Flyer%20120720.pdf If this copy is removed from the internet I have a photo of all pages for you to view upon request with the date of the advertisement. 1 2 In fact, I believe it was both Lisa Holland of P and Z Commission and Luke Cavener of the City Council had said this application was “cut and dry” and this was one very speedy application before both the Planning and Zoning Commission and the City Council with little discussion according to the video viewed and minutes reviewed (as in 10 to 12 minutes in total). VIDEO https://www.youtube.com/watch?v=y1BasSN8qII Wadsworth Begins about 2:01:00 in and ends about 2:13:20. This was the Site Plan submitted, with The Oasis and Jamba whited out or not shown; it is merely listed as Multi- Tenant building. 3 Mr. Brad Watson of Wadsworth Development was on the line that evening for Wadsworth subdivision. The Lease for The Oasis was completed in November 2020. It is of my opinion: isn’t this sort of information considered material, as outlined in code, for your decisions? It is of my opinion: is this the vision the City Council voted upon in 2019 and approved for Wadsworth Subdivision in December 2020? VIDEO https://www.youtube.com/watch?v=y1BasSN8qII Wadsworth Begins about 2:01:00 in and ends about 2:13:20. This is what you were shown in Council Chambers on December 22, 2020. Zoom in on the pic. It shows SHOPS on this illustration. This is the CONCEPT PLAN presented at Council. 4 5 6 Idaho Press November 28, 2020 https://www.idahopress.com/community/money/treasure-valley-commercial-real- estate-roundup/article_89dcddc5-eb4d-5af8-9d2f-e17d6a06096c.html Furthermore, Mr. Dodson was the one assigned to the CZC for the American Family Care, and it is of my opinion that Mr. Dodson’s eyes and other eyes of the City Staff had seen this, in August of 2020 and in September of 2020. It is of my opinion that the end users are indeed revealed in this document, though the Kneaders is now Wienerschnitzel and Starbucks is now Dutch Bros. in Colliers updated advertisements. 7 8 CZC American Family Care August and September of 2020 https://weblink.meridiancity.org/WebLink/DocView.aspx?id=203646&dbid=0&repo=MeridianCity 9 10 Thank you in advance. I ask you to deny the CUP for The Oasis at this location for various reasons, in my honest opinion, amongst them inadequate parking, late hours, and flagrant incompatibility to surrounding business, residences, and uses. The plan presented has since varied from the plan presented before P and Z Commission and the City Council and 11 there is now a mezzanine added for a total space well over 10000 SF, a large variance in space and purpose over the uses that you were presented via Staff and Applicant illustrations and comments in Council, in my honest opinion. Sincerely, Malissa Bernard 4025 N Dashwood Pl Meridian ID 83646 https://weblink.meridiancity.org/WebLink/DocView.aspx?id=221751&dbid=0&repo=MeridianCity In my honest opinion moving rather quickly since the December 22, 2020 City Council date, on December 31, 2020. Nine days is moving rather fast for an end user not known, in my honest opinion. 12 Furthermore, there is a company that does not exist in the State of Idaho attached to The Oasis. It is listed as Balboa Holdings Group. https://theoasismeridian.com/ I searched Secretary of State Business search https://sosbiz.idaho.gov/search/business 13 Just search Balboa Holdings Group and you will get a LinkedIn Page associated with Brian T. Tsai 14 15