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"~, .. }~ Y <br />City Manager <br />Page 4 <br />Aug. 21, 1997 to Aug. 20, 1998 - 70 <br />Aug. 21, 1998 to Aug. 20, 1999 - 70 <br />Aug. 21, 1999 to Aug. 20, 2000 - 7% <br />Aug. 21, 2000 to Aug. 20, 2001 - 70 <br />Aug. 21, 2001 to Aug. 20, 2002 - 7% <br />Aug. 21, 2002 to Aug. 20, 2003 - 70 <br />Aug. 21, 2003 to Aug. 20, 2004 - 7% <br />Aug. 21, 2004 to Aug. 20, 2005 - 7% <br />Aug. 21, 2005 to Aug. 20, 2006 - 70 <br />Aug. 21, 2006 to Aug. 20, 2007 - 8% <br />Aug. 21, 2007 to Aug. 20, 2008 - 8% <br />Aug. 21, 2008 to Aug. 20, 2009 - 80 <br />Aug. 21, 2009 to Aug. 20, 2010 - 8% <br />Aug. 21, 2010 to Aug. 20, 2011 - 80 <br />LEGAL OPINION <br />Aug. 1997 to Aug. 1998 - 6°s <br />Aug. 1998 to Aug. 1999 - 6% <br />Aug. 1999 to Aug. 2000 - 60 <br />Aug. 2000 to Aug. 2001 - 60 <br />Aug. 2001 to Aug. 2002 - 60 <br />Aug. 2002 to Aug. 2003 - 6% <br />Aug. 2003 to Aug. 2004 - 60 <br />Aug. 2004 to Aug. 2005 - 6% <br />Aug. 2005 to Aug. 2006 - 6% <br />Aug. 2006 to Aug. 2007 - 6% <br />Aug. 2007 to Aug. 2008 - 6% <br />Aug. 2008 to Aug. 2009 - 60 <br />Aug. 2009 to Aug. 2010 - 6% <br />Aug. 2010 to Aug. 2011 - 60 <br />Opinion #73-52 prepared August 13, 1973 states in paragraph 4 that <br />"the City is not legally limited in its ability to reduce the percent- <br />age rate by such amendment, provided it receives at least some benefit <br />in the amended version which it does not currently have. Although it <br />may be argued that an amendment which does nothing than lower the interst <br />rate constitutes a gift of public funds or property, this would not be <br />the case if the amendment also served to extend the "gross business" <br />upon which the rent is computed to cover total receipts from the entire <br />golf course. Any amendment which served to simplify or render more de- <br />finite the accounting procedure by which the City verifies the amount <br />of rent due would constitute legal consideration for the City's agree- <br />ment to reduce the percentage rate." <br />RECOMMENDATION <br />It is recommended that the City Council consider the letter of under- <br />standing dated December 19, 1973 (attached) and determine policy <br />regarding: <br />A. Establishment of $6,000 as the base annual amount of rent <br />payable to the City of Santa Ana for 1972 and 1973. <br />~~ <br />