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ALvARADOSMITH November 13, 2014 Page 2 the [PSA] for the purchase of property at 1217 E, Normandy Place, Santa Ana, Staff is returning to the Board at this time to discuss the due diligence process and for acceptance of the Grant Deed transferring fee title to the County of Orange." There can be no doubt that the PSA before the Board on November 18, 2014 is the same PSA that was before the Board on July 15, 2014. Nevertheless, in contrast to what is being represented to the Board in the current Agenda Staff Report, the July 15, 2014 Agenda Staff Report read, in pertinent part: "Approval of the [PSA] will facilitate the acquisition of a site for a year-round emergency shelter and multi - service center for homeless families and individuals in Orange Comity." To be certain, mere words in an Agenda Staff Report cannot functionally cloak the true act and purpose of the PSA that is stated in that very doemuout. Required Compliance With CEQA Most importantly, there is no reference in the PSA to the County's required compliance with CEQA serving as a prerequisite to closing the PSA transaction. Nor is there any requirement in the PSA that the County first perform a complete CEQA review prior to acquisition of the property and implementation of the project. We all have sufficient experience with CEQA to realize that the County cannot engage in a project to establish a 200+ bed, 24 hour a day emergency homeless shelter, with its attendant meal and medical care services, generated delivery, transportation and pedestrian traffic, demand on community services, impacts to the neighboring community, and the like without first engaging in thorough environmental review consistent with CEQA. Project alternatives must be discussed and mitigation measures considered. Nevertheless, Staff erroneously states at page 3 of the Agenda Staff` Report: "Compliance with CEQA; The proposed real estate purchase was previously determined to be exempt from [CEQA] pursuant to Section 15061(b)(3) of the CEQA Guidelines, oil July 15, 2014 by this Board. This exemption is commonly called the common sense exemption. The activity is covered by the general rude that CEQA applies only to projects which have the potential for causing a significant effect on the environment, There is no possibility that this activity, which is, the proposed approval of the purchase of certain real property in Santa Ana, will have a significant effect on the environment. AM j or action related to this property which may constitute a nroiect will be reviewed for compliance with CE OA," This is not an accurate statement of clear law on this point. Indeed, it goes without saying that the County cannot simply buy property with public funds without a public purpose for that expenditure. This property purchase is for the purpose stated in the PSA: [A] "multi- service center and shelter" .. , . To now state that the action is a mere purchase of property without including the purpose of that purchase, a homeless shelter, is a thinly -veiled attempt to skirt the requirements of CEQA. Furthermore, the last statement by Staff, as highlighted above, is a misnomer -- there is currently no requirement to conduct CEQA review of the homeless 40911FAA - N1500.1