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Dale Helvig 2536 N. Valencia St. Santa Ana CA 92706 714-541-7254 helvig_denny@msn.com September 15, 2020 Mayor Pulido and Santa Ana City Councilmembers City of Santa Ana 20 Civic Center Plaza, 8th Floor Santa Ana CA 92702 Subject: Item 60A—The Bowery I question the longevity of an indemnity letter than has been submitted to "protect" the City in the event there is an airplane accident at the proposed project known as the Bowery. I also wonder if the outcome at the first reading would have been any different had the information provided by the Executive Director regarding liability been accurate. The City Council made an assessment and voted on the first reading with false and misleading information. The indemnity letter should be replaced. While I believe the project, with its estimated 170 daily arrivals over the project should be denied, the City should be asking the developer for a $500M Lloyd's of London insurance policy that is tied to the land. The Airport Land Use Commission voted 6:0 to find the project inconsistent with the Airport Environs Land Use Plans [AELUP] and assigned liability to City for future aircraft related events. This should not be taken likely. There is a reason this land was originally designed as non-residential... to protect Santa Ana residents. As stated in the May 21, 2020 meeting minutes for the Airport Land Use Commission: "The duties for the commission are to protect the general welfare of the public. When you look at all of the elements within the AELUP for JWA, in Section 3.2.1, any land use maybe found to be Inconsistent with the AELUP which; (1) Places people so that they are affected adversely by aircraft noise, (2) Concentrates people in areas susceptible to aircraft accidents, (3) Permits structures of excessive height, or ( 4) Permits activities that would adversely affect aircraft operations. Based on the broad principles the first and second ones apply to where staff has focused. The first is that people would be in the position to be adversely affected by the aircraft noise and second is that the proposed action concentrate people in a manner that would make it susceptible to aircraft accidents." [bold and italic added for emphasis]. The Airport Land Use Commission took into consideration the broader mission which is to protect the safety and welfare of the public. One commissioner went so far as to say the proposed project would put people in harm's way. Protecting residents, and the City, should be a concern of the Santa Ana City Council as well. Page 1 of 4 2020-09-15 Letter to City Council -The Bowery