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Action entitled "APPROVE APPROPRIATION ADJUSTMENT AND PURCHASE AND SALE AGREEMENT FOR PORTIONS OF CITY -OWNED REAL PROPERTY AT 1301 AND 1305 WEST 12TH STREET FOR BRISTOL STREET IMPROVEMENTS PROJECT PHASE 3A," the City states, "[t]he portions of these properties that will remain after the Bristol Street Improvements are completed, and which will not be used by the project, are being held for purposes of exchange or sale" (emphasis added.). The City cannot now assert that "exchange" and "sale" of other remnant Bristol corridor properties are the same thing. IV. Any Contractual Obligation the City May Have to Sell the Parcels Cannot Override the City's Obligations Under the Act In the course of discussion of the Staff Report during the February 19, 2019 City Council meeting, the Executive Director of the City's Public Works Agency, Fuad Sweiss, appeared to represent that the City is obligated, as a condition of receipt of funds used for acquisition, to sell the Parcels. Mr. Sweiss further appeared to suggest that, in order to honor that funding obligation, the City was determined to avoid any obligations it might have under the Act. The Act contains no exception for land subject to the sort of funding obligations Mr. Sweiss describes. And, of course, the City cannot contract around its statutory obligations. Notably, it is not clear what obligations Mr. Sweiss was referencing in his remarks to the City Council. He specifically referred to "transportation funding," but the agreement between the Orange County Transportation Authority and the City under which the Authority provided funding for Phases I and II of the Bristol Street Widening Project expressly provides that the City has no obligation to sell parcels acquired for, but not used in, the Project. See Cooperative Agreement for the Bristol Street Widening Project between Orange County Transportation Authority and City of Santa Ana, Agreement No. C-6-0069, Article 4, Section D ("Nothing contained herein obligates the CITY to sell such surplus property or guarantees any particular amount of fund returned to AUTHORITY."). Conclusion Thank you for your consideration of these concerns. OCCORD hopes to resolve these concerns without resort to legal action. OCCORD's leadership would be pleased to meet with City officials to engage in productive dialogue regarding how the City will comply with the Act in connection with its disposition of the Parcels. We look forward to further conversation regarding this important matter.