75D - PH - ACQUISITION 1922 AND 2002 W 5TH ST

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JUN -01-2017 04:15PM From:PTw 9497940725 To:17146476956 Paee:4/6 PALMIERI TYLER City of Santa Ana June 1, 2017 Page 3 Of course from SA Recycling's perspective, practically and legally, it shouldn't be a fait accompli. Apparently, years ago a firm was hired to determine the Streetcar maintenance station location. The directions given to the that firm have not been produced to SA Recycling, although they have been requested along with numerous other documents. To the extent it is asserted that no written directions were provided to the firm "locating" the Streetcar maintenance station, such defies credulity. Ultimately, the firm's conclusions do not make sense. It apparently could only identify two possible locations for a Streetcar Maintenance Station. The proposed linear project adjoins numerous other private and public properties. Essentially none were considered for this public use. Some have been for sale over the years or are for sale now. None were acquired for a proposed maintenance yard. All, or essentially all, are land uses that are far more relocatable than SA Recycling's facility. As to the ability/feasibility of relocating SA Recycling's facility in the City of Santa Ana, OCTA/the City did not identify sites when the consultant determined the location of the Streetcar Maintenance Station. SA Recycling has sought meetings with City administration and planning concerning the issues. A City attorney attended the February meeting at OCTA. Because of the difficulty to re -situate SA Recycling in comparison to other types of land uses such as residential, industrial, commercial, the City cannot find that its action is consistent with the least private injury. Many other locations, are at least equal, if not better, locations for the sought for Streetcar maintenance yard. As the story was told to SA Recycling at the February meeting at OCTA, OCTA or the City hired representatives of a private firm to "locate" the maintenance station a couple of years ago. Out of the whole of the City, somehow only two parcels were "considered" Somehow, the only two parcels that were considered happened to be put to recycling business use. At the February meeting, SA Recycling suggested that a portion of the underused Willowick golf course be utilized for the maintenance station. It is public land. That site stretches straight along the proposed Streetcar track. There would be less private injury. Other than being informed that the maintenance station decision had already been made, SA Recycling was provided no further information. Despite being a constituent and stakeholder of the City, no notice of the hearing was provided to our client by the City. The City is well aware of our client's occupancy and interest in the property the City seeks to take. The City and/or its project partner OCTA have also been in communication with our office. We can certainly be reached and are certainly known to the City. The City is also aware that our client objects to its business location being condemned. 2096123.1 75D-169