HomeMy WebLinkAboutCORRESPONDENCE - 75NLanza & Smith 1047 JUN 2a PM 31 06
A PROFESSIONAL LAW CORPORATION SANTA IRVINE, CALL ORNA1TE 926114-8540 650 C-4TY OFdq`' +. ANTYjm
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TELEPHONE: (949) 221-0490 CLERK OF COQ !—L-)
FACSIMILE: (949) 221-0027
June 15, 2017
Via Facsimile & US Mail:
714-647-6956
Clerk of the Council
City Hall, City of Santa Ana
20 Civic Center Plaza, M-30
Santa Ana CA 92702
Re: Bristol Street Improvement Project
2120-2130 S. Bristol St., Santa Ana CA 92704
AU Zone Santa Ana, LLC I APN 408-471-17
Dear Clerk of the Council:
As per our notice provided in 2016, this this law firm represents AU Zone Santa Ana,
LLC, with regard to the efforts by the City of Santa Ana initiated in or about April 2016 to
acquire the above referenced parcel of land, roughly 258 square feet. Based on notification dated
June 1, 2017, we understand that the City Council hearing regarding the adoption of a resolution
of necessity to acquire the parcel by eminent domain is scheduled at 5:45 pm on June 20, 2017.
As you are likely aware, AU Zone has been working with, and continues to work with,
your consultants to reach an amicable solution. We are close to a resolution, and in fact expect
that a confirming agreement will be drafted by legal counsel for the City shortly — Scott Ditf firth.
There are related issues being addressed, such as the Panda Express restaurant (patio and
parking), older pylon signs for some commercial tenants, including Aaron's and Goodwill,
which are at least in part in effect through grandfathered provisions, and a dedication of certain
land at the parcel.
This letter shall serve as our objection to the proposed resolution of necessity and any
potential eminent domain proceedings. Notably, our assessment is that the proposed taking is not
appropriate because 1) the public interest and necessity to not require the project; 2) the project is
not planned or located in the manner that will be most compatible with the greatest public good
and the least private injury; 3) the subject project is not necessary for the project; and/or 4) an
appropriate offer with supporting data has not been provided to the owner.
Please advise whether it is necessary to object in person on June 20, or whether you deem
this written notice sufficient to preserve all objections.
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City of Santa Ana
June 15, 2017
Page 2
Despite this objection, we look forward to continued efforts in working with you and
your consultants in hopes of avoiding an eminent domain lawsuit. Feel free to call anytime.
Very truly yours,
& SMITH
cc: Susan Loh, Esq., Lanza & Smith, PLC
Scott Ditfurth, Esq.
Best, Best & Krieger, LLP
3390 University Av., 5th floor
Riverside, CA 92501
Luca Giovanardi
Leasing & Development
NewMark Merrill Companies
5850 Canoga Avenue, Suite 650
Woodland Hills, CA 91367
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