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JUN -01-2017 04:15PM From:PTw 9497940725 To:17146476956 <br />PALMIERI TYLER <br />City of Santa Ana <br />June 1, 2017 <br />Page 2 <br />The City and/or OCTA are illegally pre -committed to condemning the SA Recycling <br />facility. <br />Paee:3'6 <br />The property owner/business owner has not been provided with the documentation it has <br />requested. <br />It is believed that there are numerous documents, emails and memos that demonstrate that <br />OCTA/City is not proceeding legally with regard to this eminent domain taking. OCTA was <br />requested to provide such documentation and has not. OCTA has produced some <br />documentation, but has withheld most. It has certainly withheld inculpatory documentation <br />demonstrating that it is proceeding illegally. This letter incorporates by reference into the <br />administrative record all documents and information that is available to OCTA and the City <br />Council. <br />In February 2017, OCTA senior staff and numerous consultants and City staff held a <br />meeting attended by SA Recycling representatives. Other than one or two documents that were <br />in front of OCTA and City personnel, no documents were produced or available at the meeting. <br />OCTA counsel, among others, was taking notes of the meeting. No notes of the meeting <br />were later produced by OCTA. <br />SA Recycling's purpose was to find out about the Streetcar project and to discuss <br />avoiding the acquisition of the SA Recycling facility. <br />OCTA and City's primary purpose was to inform SA Recycling that the eminent domain <br />train had already left the station. <br />OCTA and City representatives said that there was no alternative to acquiring the SA <br />Recycling facility. <br />The City confirmed that the decision to locate the maintenance station on the SA <br />Recycling facility was made years ago. <br />OCTA's senior staff said that multiples of tens of millions of dollars, if not hundreds of <br />millions of dollars had already been spent or committed premised upon the specific location of <br />the Streetcar maintenance yard taking out the SA Recycling facility. <br />City and OCTA representatives stated that all plans and contracts for this project had for <br />years been based upon using eminent domain to take out this facility. <br />At the most fundamental levels, the decision to acquire has already been made. The City <br />council meeting called for by the staff of the City and OCTA is a pretense. Eminent domain by <br />the City is a fait accompli. <br />2096123.1 <br />75D-168 <br />