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0X> <br />PARTNERSHIP <br />m, <br />Working Families <br />VIA ELECTRONIC MAIL <br />John M.Funk <br />Assistant City Attorney <br />20 Civic Center Plaza <br />P.O. Box 1988 <br />Santa Ana, CA 92702 <br />Dear Mr. Funk: <br />March 29, 2019 <br />I write on behalf of Orange County Communities Organized for Responsible Development <br />(OCCORD), a nonprofit organization that has long advocated for affordable housing and open space <br />in the City of Santa Ana. OCCORD once again urges the City to engage with it in constructive <br />dialogue regarding the City's lack of compliance with the Surplus Land Act (the "Act") in connection <br />with the planned disposition of 88 parcels of City -owned land. <br />OCCORD and its allies appreciate the multiple indications that the City is evaluating application of <br />the Act to the sale of the 88 parcels. A proper application of the Act would address the the critical <br />issues of housing and open space that the City needs. OCCORD understands from limited <br />conversations with City staff that the City is in the process of revising drafts of the Request for <br />Proposals (RFP) related to the parcels. <br />The legal arguments set forth in your letter dated March 5, 2019 in support of the City's position <br />that the Act does not apply are without merit. OCCORD continues to assert its position that the Act <br />governs the sale of the 88 parcels. OCCORD further asserts that the approach to the disposition of <br />the parcels authorized by the City Council on March 5, 2019 violates the City's obligations under the <br />Act. <br />In addition, OCCORD believes that the letter from the Orange County Transportation Authority <br />(OCTA) to the City dated May 1, 2018 offers a valuable opportunity for the City to meet its <br />obligations under the Act with regard to parcels purchased using M2 program and OCTA Gas Tax <br />funds. In that letter, OCTA states that the City is contractually obligated to sell those parcels in <br />accordance with the provisions of the Government Code in which the Act is codified. <br />Unfortunately, despite several instances of outreach by OCCORD staff to the City regarding the 88 <br />parcels and the RFP, the City has offered no invitation for dialogue or negotiation regarding <br />measures related to housing or open space. <br />As stated in our February 29, 2019 letter to the Mayor and City Council, OCCORD hopes to resolve <br />its concerns without resorting to legal action. OCCORD believes that dialogue with the City will <br />have the greatest potential to achieve meaningful resolution if it occurs prior to the City's issuance of <br />the REP. I thus urge the City to engage with OCCORD as soon as possible and to not issue the RFP <br />until the City has at least made a good faith attempt at dialogue with OCCORD. <br />1305 Franklin Street, Suite 501, Oakland, CA 94612 1 (510) 201-0081 1 ForWorkingFamilies.org <br />