Alcala, Abigail
From: Ed McCoy <[email protected]>
Sent: Tuesday, November 21, 2023 2:29 PM
To: eComment
Subject: Council Agenda 11-21-2023, Consent Item #32
Attachments: FF SA CC Statement 11.21.23.pdf
Good Afternoon,
Please accept this Statement for the Record in regards to Agenda Item #32 on tonight's Council Agenda.
Thanks, Ed McCoy
FRH Realty, LLC
Ed McCoy
Senior Vice President - Development
FAIRFIELD.
Croaling Bolter Living for Bottor Lives
5355 Mira Sorrento Place, Suite 100
San Diego, CA 92121
Office: 858.626.8341
Cell: 858.752.4121
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CA DRE #01889456, CA DRE #02111582, License #2022-FBN-0018000| Santa Ana City Council Hearing November 21, 2023
STATEMENT FOR THE RECORD - Consent Item #32 RE: Cabrillo Town Center SPR 2023-01 FRH Realty, LLC, Applicant
In regards to Consent Agenda item #32 regarding Carillo Town Center SPR 2023-01, we as applicant offer the following statement for the record:
The City Council's alternative motion approving the appeal on 10/3/23 was biased, arbitrary and violated State law under the Housing Accountability Act (HAA) for which we have notified the State's HCD and expect a Notice of Violation to be issued to Santa Ana in the near future.
Tonight's Resolution further violates State law and the City's own municipal Code as the findings and resolution are arbitrary and baseless and were not timely or properly generated in support of the Council's illegal action taken on October 3, 2023.
Both the October 3rd Council motion and tonight's proposed resolution completely and unethically undermine the years of commendable work done, and support provided by the City staff, the City Attorneys' office, and the unanimous 6-0 vote & strong support shown by the Santa Ana Planning Commission in April 2023. The City Council was blatantly biased in their blindsided move to overrule the designated governing body - the Santa Ana Planning Commission as well as Staff's strong recommendation to deny the appeal.
The Cabrillo Town Center project is in complete conformance with the MEMU as evidenced by the overwhelmingly supportive staff report and Planning Commission's unanimous vote of project approval.
Because we were not able to underwrite a financeable project using expensive and non-competitive Carpenters and Laborers Unions in an already hyper-inflated cost environment, the Unions chose to appeal the project and exert undue influence over members of the City Council.
The Councilmembers chose to support an arbitrary motion that was not based on any arguments outlined in the appeal. The Councilmember's motion to uphold the Union appeal was heavily influenced and biased and the 5-0 approval was done without any questions of the applicant, staff or discussion between the councilmembers whatsoever. Following the hearing, it took six weeks to attempt to generate an illegal resolution that is before the Council tonight.
We as the applicant have an extremely strong legal case against the City for violation of the States HAA - as will be evidenced by the State's issuance of a Notice of Violation to the City in the coming weeks.
Unfortunately, we have been significantly damaged by the council action, but the residents of Santa Ana are the ones truly impacted by this Council's biased and illegal actions in regards to this Project, with the sad loss of over $8.2 million dollars of much needed affordable housing funds, lost work force housing, lost job opportunities, lost increases in property tax base, and lost public benefits. It is truly shameful how this City Council presents itself and the citizens of Santa Ana can only hope for a better Council in the future. Thank you.