On April 29, 2015, Lincoln City City Attorney Richard Appicello, sent the following letter to an unknown number of vacation rental (VRD) owners:
April 29, 2015
RE: Lincoln City Vacation Rental:
To Whom It May Concern:
Pursuant to Lincoln City Municipal Code 5.14.070 and LCMC 17.80.050 B.2. please submit for inspection your complete unaltered VRD guest register for the calendar year 2014 to the City of Lincoln City on or before May 11, 2015.
Please deliver the register to David Twigg, Executive Assistant to the City Manager at City Hall or mail the register to P.O. Box 50, Lincoln City, Oregon 97367.
Register information shall be treated as confidential to the extent allowed or required by law.
It is possible that the City Council instructed Mr. Appicello to send out this letter in executive session, or via confidential memoranda. This may be true, since at the June 22, 2015 City Council meeting, the following motion was made by Councilor Roger Sprague:
I move to authorize the city attorney [Richard Appicello] to disclose executive session discussion, confidential memoranda, and client confidences relating to the ongoing efforts to block, obstruct, or otherwise hinder VRD accessory use enforcement, including but not limited to, June 8th, 2015 allegations against the city attorney. (see 1310.wmv @ 1:49:40)
This motion indicates that the City Council may be discussing VRD accessory use enforcement in either executive session or via confidential memoranda, or both.
Based on this, it can’t be determined if the City Council instructed Mr. Appicello to send out the April 29, 2015 letter, or not.
For reference, the June 8, 2015 allegations against Mr. Appicello that Councilor Sprague is referring to are available here.
Another concern is that the letter referred to LCMC 5.14.070.A, the legality of which is now under question, given the recent US Supreme Court decision in City of Los Angeles v. Patel. Mr. Appicello was made aware of Patel on October 13, 2014.