Read the December 1 meeting.

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Senator

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Senator Senator Senator Senator Senator Senator

Senator Senator

Senator Senator Senator be thank you council member council member Pena Lossa yeah council member Sarmiento here council member Solorio here thank you mayor put in Vegas here Mayor Pulido?

Here.

Thank you. We have a quorum.

Let me ask, we've done roll call vote, let me ask, do we want to hear from speakers first? Why don't we go ahead and do that? Mayor did you want to start work if you can mayor did you want to start with

pledge of allegiance and invocation yeah what you've got here you've got

speakers right away yeah let's do the let's do the pledge of allegiance and everybody could please stand place your hand over your heart right hand over your heart repeat after me I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all. And now, is Bob Keller there, our police chaplain, to give us our invocation? Yes.

So I'll bow and have a word of prayer, shall we? Our Father in heaven, we thank you that we can all be here tonight pray that you would bless my prayer and we certainly come in the mighty name of our lord jesus we ask that you would bless the council meeting tonight and the many decisions that they make give the mayor and council members wisdom as they lead the city of santa anna bless them exceedingly and abundantly with your truth lord protect us all from covet 19. we ask also that you would bless our police department tonight we ask that you would give protect them and give them safety as they patrol the

city of Santa Ana keep our officers safe from harm and protect them we ask also that you would protect our chief and we ask that you give him wisdom along with the command staff Lord in closing we ask for this blessing from Numbers chapter six the Lord bless thee the Lord keep thee the Lord make his face shine upon thee and be gracious unto thee. The Lord lift up his countenance upon thee and give thee peace. For we ask in Jesus' name, amen. Thank you.

Thank you. I now want to ask the city attorney, is there anything to report out of closed session,

Sonia R. CarvalhoItem —

please? Mayor, we do have reportable action this evening. We addressed three matters in closed session the item of reportable action is the third item which is the Santa Ana needs equity versus City of Santa Ana the reportable action is that the City Council has approved the first amendment to a settlement agreement contingent on deleting section for that original agreement and the City Council will be asked to consider in open session a resolution as item number 55 which will be further revised when we get to that item the motion to approve this was made

Sonia R. CarvalhoItem —

by mayor Pulido seconded by mayor pro tem one Vegas and the vote was for to approve two nose council member Becerra council member Penelosa and like to also announce that council member Sarmiento recused himself out of an abundance of caution although he does not have an actual conflict and when what he was alleged to have one and so he did not participate in this decision it's all the reportable action that I have

mayor and if I may interject here we do have a ceremonial presentation that could be presented by councilmember Mendoza

please go ahead if you could councilman those that you could make a presentation of Wayne stop please go ahead

Is Councilor Mendoza on the line?

Yes, she is. Oh, here I am. Thank you. Thank you, Mayor. I'm having just a little bit of technical difficulties with these buttons today. but I do want to thank the Wingstop for their community involvement, for their generosity and civic-mindedness in being so kind to our constituents. And I'd like to ask Daisy to assist me in doing the presentation, please. I've misplaced my talking points. Would you do that for me, please?

Yeah, it would be my pleasure. recently through the positive behavior interventions and supports program Romero Cruz Academy collected donations from the community to provide their students with resources during this global pandemic as as this public school serves a low-income community where the majority of students receive free and reduced breakfast and lunches the need for meal vouchers from local businesses were critical. Wingstop made a very generous donation to Romero Cruz Academy in the form of 500 meal certificates. This valuable donation supported the children of Romero Cruz Academy

in an important and necessary way. Thank you to Wingstop for your kindness and your contributions to our community.

thank you very much thank you for that presentation councilman Mendoza is there

anything else you would like to add know that I'm just our sincere appreciation from the city of Santa Ana in their generosity and that I would like to present this award in person as soon as the COVID restrictions allow me to because I want to extend that it is an honor to have businesses such as Wingstop in our community. So I will be making the personal presentation in the near future.

Thank you Wingstop and all your employees and I am sure that corporate will be hearing about you and put you in high regard as you should have. Thank you very much.

Thank you for that Councilwoman. Now let me go to the city clerk and ask if there are any public comments please.

yes mayor we do have public comment and before I unmute the callers that we have I do want to report out that we did receive emails in addition 19g the comment the Kennedy Commission supports the public engagement and process for item 25 K was one Santa Ana resident that requested high-level update on case City of Santa Ana versus County of Orange and then that is oh and then non-agenda there were two Santa Ana residents that thanked council for

holding off on moving forward with the new general plan and with that caller with the last or with the ID number I zoom ID Lisa Solomon if you would please dial star six or the microphone unmute feature on your device.

Hi, this is Lisa Solomon. I'm a resident of Santa Ana for over 20 years, but also I'm a principal of an elementary school. I want to start off by thanking city council members and planning commission for listening to the community in reference to the general plan. We appreciate you taking the time to listen and receive input from our community. Now more than ever, we need to find creative ways to outreach include sending surveys nixle zoom meetings phone calls surveying residents and links on the website so people have various venues to have their voices heard

i'm here really to address 19e which is programs for our youth with the cannabis funds i want to thank first of all the san anna zoo and our san anna public library for the services that they've already provided for our students right after we closed the zoo pivoted quickly and provided field trips for our students so even though they might not have been able to leave their homes they were able to go on different adventures with the pan and the zoo i want to make sure that as we're deciding how the funds are spent that we're considering how we can continue to provide

virtual programs as the restrictions are many for our community and we want to keep our children and our youth safe as we look at providing bookmobile tech services and support services please consider making the bookmobiles mobile hotspots as well. Please consider providing citywide Wi-Fi. I'm not giving up on that because I do believe that there's a lot that we can do to help our residents, not just the youth but all residents of Santa Ana, and help to improve the Wi-Fi mesh network so we don't have any dead zones as they are called. Also look for creative ways to outreach so more children can participate in youth programs

and work together to support all youth of all ages. and we want to continue to collaborate with you as schools as residents to provide as much support as we can for our youth and lastly I just want to say thank you for all that you have done City Council and through Santa Ana cares the testing that you provided the great work of the city manager's office and getting all the information out giving out masks and information about what services are provided what support is offered to residents thank you for collaborating with other agencies as you look at 75b please continue to provide

rental assistance and bill assistance to our community and our businesses they

are in much need need of it thank you thank you caller with the last three numbers four eight nine if you would please dial star six thank you may

proceed good evening mayor and council I want to start off with an attitude of gratitude. Thank you to the three council members who will be going on and also to the mayor. I know it's not an easy job to be in the council despite what some people think. And so I know your family's made sacrifices and you've made sacrifices. And I just want to thank you, especially mayor, for all the years. It's going to be different without you there at the council meeting. I also want to add that I do support council member Mendoza's position about reviewing the status of the city attorney.

I agree with her this isn't a personal, this is strictly business, but the city pays a premium because she's not an employee of the city. She's an employee of a lawyer's firm, and there's a premium that we pay for that. Now, the new counsel may take a look and agree that's the best way to handle it, but I think it really needs to take a look and realize what we're paying for. and also be concerned about conflict of interest because her lawyer firm does represent the city on a number of issues, and have her as city attorney, to me, always could be a conflict of interest.

So as the new year comes, please take this up as an issue and just so you realize what's there. And, again, this is personal. I think Sonia's done a great job for the city. This is strictly business. So thank you and good evening.

Thank you. Caller with the last three numbers 010 if you would please dial star six to unmute your call or select the microphone icon. Thank you.

Hello can you hear me? Yes we can hear you. Hello Victor Mendez. Again I do want to also relay my thanks to the outgoing members of the council mayor for you for service i know at times a very difficult difficult job but um again thank you and and and and all that you contributed to the city over the years uh today you're looking about six million dollars of council-rated related decisions i wish to comment on tonight first i want to comment on small business opportunities last meeting there was some discussion about how better to engage our local businesses to uh in contracting opportunities for the city uh when i looked

into this i found that the city website had not been updated on bid for about two years i did call councilman to sarah and it looks like there's been some removal about that dated information and there is a um now a link to uh planet bids i think that might be helpful in the future uh with respect to uh item number 25 eve in the amount of 450 000 25 g in the amount of 900 thousand 25 i in the amount of one million twenty thousand about two million dollars being authorized today all on sole source extension not one dime of this will stay locally when businesses are

suffering and people are unemployed and fighting to keep their roof over the head and food on the table maybe updating the bid system can help uh since there's points for local businesses but that point system like the like the the prior information seems like it was outdated uh with respect to 20a in the amount of $1,575,000. Here's another $1.5 million being added to the AMS budget. In fact, there's not even a doctrine that presents the total cost of ownership that we, the ratepayers, will pay. So it leaves the question, where is this all going? And is there going to be some type of accountability built into this project

that hasn't yet to see what the benefit is to the ratepayer? Also, this is really an approval for a PO for some hardware that's not necessary at this time. so why don't we ask the staff to send up the new bids instead of feeding the current system where local businesses and residents are getting goose egg just give it a shot and see what happens 11a the sale of bicycle and bicycle parts ordinance my comment to that would be why not issue bike licenses to residents there is nothing the city website about this however there are licenses issued for dogs i think our children's bikes should have a little priority with dogs

the bike registration program would raise awareness about bike safety and protection from theft They provide a tracking mechanism for stolen bikes. And bike teams know their actions are being controlled and more importantly provide a vehicle to promote community relations. It can start immediately without any further direction. The third and Broadway project, I do support this project, but I want to convey a couple of points.

Fifteen seconds left.

First of all, what's that?

I'm sorry, you have 15 seconds left.

Okay. Okay, well, on the third embroidery project, you know, you didn't bother to mention that we're losing about $600,000 per year. And that needs to be somehow considered down the road. And also you're going to carry the risk of the demolition of the parking garage as you carry forward. So let's be very cautious and very communicative about that hazard exposure that's in the garage today. Thank you, your time is up. on 25 K let's oversee that and make sure that thank you caller with the last three

numbers eight three seven please dial star six to unmute your call or select the microphone icon on your device caller with the last three numbers eight 837. Please dial star six.

Hello. Hi, you may proceed. Hello. Good evening. This is, my name is Oscar Gonzalez, and I'd like to thank the honorable Mayor Pulido, the honorable Mayor Potem-Viegas, and the honorable members of the City Council. You know, our family has been serving the Santa Ana Market for over 27 years and we really appreciate the opportunity to present a project that is very near and dear to our hearts and want to thank you for the service to the community.

we also express our sincere thanks to our city staff for guiding this project through multiple submissions and refinements to make it a top sorry Oscar

are you looking to speak on a public hearing item that's correct oh I'm sorry I'm gonna go ahead and put you back on hold and when the mayor opens a public hearing item then you may proceed at that time my apologies okay I'm sorry

Caller with the last three numbers, 361, please dial star six to unmute your call or select the microphone on your device. Thank you. You may proceed.

Can you hear me?

Yes. You may speak on any item on the agenda or non-agenda with the exception of public hearing items. You may proceed.

Correct. This is John Hanna. I'm speaking for the Southwest Regional Council of Carpenters. I want to commend the council for delaying the decision on the general plan to provide more input. And hopefully we'll be considering the workforce when we look at that issue. but I also wanted to thank Mayor Polito, Council Member Solorio, and Council Member Villegas for their service to the city of Santa Ana. Council Member Solorio, I served with you on

the Rancho Board, and I know you have brought a lot of insight both to the college district as well as to the city from what you've learned in the city and also in the state assembly. thank you for your service and uh mayor palito i've known you many years it's been a long time since uh you uh the days of ace muffler and the fight over billboards and uh i i just uh we may have had some differences uh lately but i i think you've uh you've worked so hard

uh to be a good mayor and uh i know that you and i shared a deep friendship with the late Frank Barbero. And I know he'll be looking down and wishing you all the best in the future. So thank you. And that's it.

Thank you.

Let me just intervene and say thank you for that, John. I much appreciate those kind words. Thank you.

Caller with the last three numbers, 971, please dial star six to unmute your call or select the microphone? Thank you. You may proceed.

Well, Mayor Polito, once again, hello?

Yes, you may proceed.

Yes, well, Mayor Polito, again, you're not supposed to vote on 55A, but obviously you're going to do what you're going to do anyway. Mayor Pro Tem Villegas, I would think the law and order type of thing would be not to dole out favors to try to avoid embarrassing information. But I guess I can't convince you of that if you're not convinced at this point. We do have a little bit of optimism in the integrity and justice sort of not being lost of all meaning in that Mayor-elect thought that there was a problem with it, even the way it looks. And if Mayor Toledo can't understand

how that not only is there a problem with how it looks but that there's a problem with that now again he is trying to push through a deal that the developer is driving for their own benefit at the expense of the city and the taxpayers there's no procedure for doing this it's a final action that you have apparently adopted an amendment to a secret settlement that no the public doesn't even know about that is conditioned on approval of a rescission that makes findings in favor of things that are not in front of the council how is it not obvious to everybody that this is yet another ploy that will

harm the city and harm its taxpayers don't fall for it have a seat at the table for the people who successfully challenge this and reach a resolution don't try to ice them out of the

conversation thank you thank you caller with the last three numbers one five I'm sorry three four zero please dial star six to unmute your call or select the microphone icon on your device hello good

Good evening, this is Irma Haraghi. Good evening, Mayor Pulido and council members. On behalf of Wolfe Square and myself, for the many years we thank you of support to our community, to all the council members. We worked hard on many issues, just agreed on a few, but all in all, we work together for the betterment of our city. There's many things I could say over the years we've worked, but I wish you well, I wish you joy, I wish you health, and I'm looking forward to working with the next mayor, Sarmiento Felicidades, and all the council.

Thank you again from the bottom of my heart and wishing you a fabulous holiday. Irma, how are you? Thank you.

Thank you very much, Irma. Thank you. Please go ahead, Madam Clerk.

Zoom ID, I listed as Dave. if you would please dial star six or the microphone icon to unmute your call

zoom ID Dave if you would please

select the microphone icon on your device to unmute your call.

Thank you. Dave, you may proceed.

Zoom ID. Dave, you've successfully unmuted your call. You may proceed to speak.

This is for later on comment on 75C, so I'll call back later.

Thank you. Yes, we'll put you on hold for 75C. Thank you.

Zoom ID Joaquin Avalos, if you would please select the microphone unmute feature on your device.

Joaquin Avalos, if you would please select the microphone unmute feature on your device.

Zoom ID Susana Sandoval, please select the unmute microphone feature on your device.

Okay, I think I'm unmuted. Is that correct? That is correct. You may proceed. This is Susana Sandoval and I represent the Madison Park Neighborhood Green Program as the chair for the advisory board and I'm also co-chair with Irma Haurugi on the Santa Ana Healthy Neighborhoods Alliance and I'm a proud resident in Wilshire Square. Mr. Mayor Pulido and esteemed city council members we wish to thank you for your years of service and dedication particularly during very difficult and challenging times. We are particularly happy that the commissioners you appointed on the planning commission voted

to not approve the general plan at this time. The commissioners heard the voices of the community that more outreach to residents needs to take place and their input is key to a comprehensive general plan that represents accountability with state regulations and can be successful, particularly as it pertains to environmental justice and city development. We look forward to our continued collaboration with the city on the evolving general plan that will stimulate our city of Santana and its residents to thrive. We wish you continued success as you pursue your endeavors and work.

Muchísimas gracias for your years of service and contribution and late nights. Happy holidays. Feliz Navidad on behalf of the organizations that I represent and a proud resident of Santana. Gracias.

Thank you.

Zoom ID Carl Benninger, please select the microphone unmute feature on your device.

my apologies I believe you've already spoken you're logged in twice into the device

yes Daisy that that is correct I've already spoke thank you thank you mayor

that's all the callers we have at this time for agenda and non-agenda items all the other colors are for public hearing items okay thank you for that then so

let's now go on to consent calendar and council members is there anything anybody wants to pull on items for the consent calendar I'm on a poll of 55 day because I know the city clerk is gonna I mean the city attorney is gonna have to clarify the motion there but any other items that council members want to pull

yes mr. mayor if you can pull item 11a and I will be an abstention on item 55a based upon the perceived conflict of interest that was mentioned earlier I did receive a campaign contribution in 2016 from the applicant I know much time has already since passed but out of an abundance of caution I'll be

abstaining on that item thank you for that any other items from council members that you wish to pull or abstain yes mr. mayor this is council councilman go ahead item 19e 19e as an edward you got it yes

any other items council members

and madam uh clerk on item 19e out of an abundance of caution i'm going to abstain it has to do with cannabis and i've consistently not voted on any cannabis items for years now so I'll abstain on that. If there are no other items, is there a motion on the balance of the

consent calendar? Motion to approve the balance. Second, Becerra. Thank you to the motion. Thank

you to Councilman Becerra for the second. Madam Clerk, why don't we call a roll call on the balance of the consent calendar, please. Councilmember Becerra? Yes. Councilmember Mendoza?

Yes. Councilmember Peñalosa?

Yes.

Councilmember Sarmiento?

Yes.

Councilmember Solorio?

Yes.

Thank you. Mayor Pro Tempe Vegas?

Yes.

Mayor Pulido?

Yes.

Motion carries on.

So then what would our next item be, Madam Clerk? Would it be 19E from Council Member Peñalosa?

11A from Council Member Sarmiento.

Okay. Go ahead, please, Council Member Sarmiento.

Yes, thank you, Mayor. I simply wanted to thank the staff, and specifically the city attorney staff, for going back and redrafting the ordinance and the way it reads. I believe there was some questions that were made at the last council meeting when it was first presented, and I think those have been incorporated in this ordinance. My intent of amending what was presented to us originally was to make sure that we don't criminalize lawful behavior. And I believe the description is a lot tighter. It's more narrowly tailored and will not do that. The other one was to make sure that this is presented as a wobbler

to make sure that an infraction will be considered when these incidents occur. And to the extent that there is some discretion on behalf of the city attorney, when something is filed, there would be multiple incidents that would trigger that filing of a misdemeanor. That, I know, is something that we are trying to prevent the underlying act by bad actors, but we also don't want to cast too wide a net where innocent people are subject to misdemeanors that would have to be that stay on people's records. So based upon that, I will go ahead and, with those changes, move the item.

Is there a second to Councilor Sarmiento's motion?

Phil BacerraItem —

Yeah, is there a second?

Thank you for that. Any other comment?

If not, roll call vote, please, Madam Clerk.

Council Member Becerra? Yes. Council Member Mendoza? Yes. Council Member Peñalosa?

David PenalozaItem —

Yes.

Council Member Sarmiento?

David PenalozaItem —

Yes.

Council Member Soloria?

David PenalozaItem —

Yes.

Mayor Pro Tempe Vegas? Yes. Mayor Pulido?

Yes.

Motion carries 7-0.

So I believe now are we on 19E with Council Member Peñalosa?

Correct.

David PenalozaItem —

Thank you, Mr. Mayor. Please, Council Member, go ahead. A 19-E is to receive and file cannabis public benefit fund for youth services informational update. I just wanted to thank the various departments involved for putting this update together. There's a lot of good things that we've been doing with the cannabis funds, and especially now during the COVID-19 pandemic that had been put to good use, everything from about 350 additional wireless hotspots that we were able to acquire with these funds. I know that many of our residents do not have access to internet so that's an

David PenalozaItem —

important item that we're able to secure along with the bookmobile and the year-round aquatics program. The only reason I pulled in and I should have clarified with this Madam City Manager earlier but with the aquatics program I know that over the last you know eight months it's been modified a bit because schedule has because of the pandemic and i wanted to ask um was the initial six hundred and so thousand that was given a blue ray manage management aquatic uh program what is there are they

David PenalozaItem —

is it working are they going to be crediting us for that lost time moving forward is that a payment that we fully made to them and is now lost how does that work thank you council member

i will ask our parks and rec director lisa rudolph to come up and speak at how their contract is being modified to deal with all the issues and challenges that we have had

and if i may i want to ask mayor pro tem even though it's a little different because you know we're zooming in or whatever but can you just take over this item please because i'm abstaining

mayor yes sir i got it uh thank you council member panaloza um we did have a modified aquatic programming so the the contract is a hundred and sixty thousand and so they have utilized everything and so we will continue this next year they're continuing this winter with appropriate aquatic programs and we just had to modify significantly but we but we did it in ways where the public could have use of the pool lanes a family can go into a lane line and utilize the pool

and so we just needed to add more staff and more lifeguards and so we did

David PenalozaItem —

utilize the entire contract amount okay so the the full amount what is being used with that okay yes all right I just want a clarification on that again thank you to your department as well as library and other departments involved there's a lot of good things that we're doing could definitely do more I know I've been I've been speaking with some of the staff about an additional power program and and in our city there's sites available that we could possibly use so in the future you know if we're able to identify funds that we could use

David PenalozaItem —

to to service other areas of our community versus just the one area that that's always great so with that said I'll move the item for approval thank

you because is there any other councilmember comments yes I'd like to

second that I wanted to do it with councilman said that across the board and one of the things staff for a good report together and I mean these things in motion you know I feel very strong that we try to get out as many of these youth funds out there as soon as possible, especially to help with our kids' educations. But I know that that's making great strides, and I'm thankful that the council is still committed to this program. It's been almost four years, Council Member Villegas, when we set the wheels of this youth fund in motion, so I'm pleased that we're getting these new dollars out the door. Thank you.

Thank you, Council Member Solorio. Is there any other council member comments?

if not I'm not hearing any I would like to also thank Councilmember Solorio yes I remember back when we were in the public safety about four years ago public safety committee we're the ones that set the groundwork for this came out of committee and then came over to the council and it was the previous council prior to this that passed this you know Tinajero Martinez Benavides all good friends was very happy for the council to vote on this to make this happen for these funds to be here and is there a second on this item if not I'll go ahead and second and a madam clerk can get a roll call vote councilmember Becerra

yes councilmember Mendoza yes councilmember Pena Losa yes council Council Member Sarmiento? Yes. Council Member Soloria?

Yes.

Mayor Pro Tempegas?

Yes.

Motion carries seven.

Next item, Madam Clerk, and I think the mayor comes back.

55A, pulled by Mayor Pulido.

Okay, yes, I pulled this item. What I would like to do is first recognize and acknowledge that Council Member Sarmiento is abstaining on this item. he already stated his reasons earlier but if you would please just note that for the record again madam clerk yes um and then i would we had discussion in closed session and uh as we move forward and and and discuss it now i'd like to call on the city attorney uh to uh articulate the motions that were discussed and then i'll ask for a maker of the motion a second we'll discuss

it and and we'll go from there so madam city attorney please a mayor and

Sonia R. CarvalhoItem —

council members the item before you is a request from the applicant to rescind what we are calling 2019 approvals for a development project in closed session this evening the City Council approved a first amendment to a previous settlement agreement but they made that approval explicitly contingent upon deleting section 4 of the original agreement which pertained to a defense and indemnity obligation of the applicant now we ask you to consider the adoption of this resolution but we ask that you revise two sections one to include a new subsection C to section two so that is absolutely clear that this is contingent

Sonia R. CarvalhoItem —

on executing that proposed first amendment that deletes section four as you previously approved in closed session so the two sections that would be amended or on page two of the resolution under section two you would add a new second subsection C it would read notwithstanding anything set forth here into the contrary or anything set forth in any documents or agreements adopted and executed before the action taken by adoption this resolution the obligations of the 2019 approvals requiring the applicant to defend and indemnify the city shall remain in effect as if the 2019 approvals were not

Sonia R. CarvalhoItem —

rescinded but key to this action would actually be some amendments to section four this section is the section that talks to when the resolution would take effect the amendment here would say that the resolution shall only take effect if the first amendment to the settlement agreement is fully executed by both the city and the applicant and with those changes I'd recommend adoption of this

resolution as set forth in the staff report okay is there a motion or a make a motion on what the city attorney just articulated. Mr. Mayor this is

Phil BacerraItem —

Councilmember Becerra I have a question of the city attorney. Okay go ahead and ask. Thank you Mr. Mayor. I wanted to ask Sonia has the applicant so far lived up to their obligation when it comes to indemnifying the city? The applicant so

Sonia R. CarvalhoItem —

far is required to indemnify us by cooperating and with the legal counsel which they have done they do have a responsibility to pay some of the city's legal expenses I mean those invoices have been sent to them they have paid the invoices that were presented to them we had some processing issues among our department and the planning and building department which were resolved about two weeks ago and they have been forwarded to the developer developer has told us that they intend to pay those invoices so they have not been

Phil BacerraItem —

paid yet they have not been paid yet okay I I will not be supporting the rescission of this tonight and and my concern is that we at the city when we approve discretionary actions we have standard boilerplate language when it comes to indemnification and while I appreciate the efforts of both councils both you know Sonia and folks on the other side of this issue and my colleagues for their attempts to try to get us to a point where the city is truly protected I do not believe that we really are there I believe we might need more time

Phil BacerraItem —

I don't know if my colleagues would be open to that and unless they are open to that I think any motion to rescind I will be a no thank you

Mayor, this is Mayor Pro Tempiegas. I make a motion to approve.

Please go ahead, Mayor Pro Tem.

Make a motion to approve.

Is there a second? Mr. Mayor, I still had a comment. Wait a minute, wait a minute. Is there a second? I think I heard a second. Second. Second by Councilor Manolita. Go ahead, Councilor Peñalosa, please, and then we'll take more comments. Go ahead, Councilor Peñalosa.

David PenalozaItem —

I just wanted to ask the city attorney, Madam City Attorney, if any new litigation comes out and arises out of this, anything to do with this project or these approvals or the rescission of these approvals, is the developer going to identify the city from new litigation that were to arise from this?

Sonia R. CarvalhoItem —

with the recommendation and the contingency that you added with respect to the deletion of section 4

Sonia R. CarvalhoItem —

the defense and indemnity requirements would be exactly as they existed when you first approved the project. They would be those boilerplate provisions that Council Member Becerra referenced so to the extent that we have litigation related to that project under that original language, that's the language we use in every one of our approvals, they would be required to do so. If there's any litigation that comes out as a result of, like, the PRA request or conflicts of interest or things of that nature, they would not be required to defend and indemnify. That would be on the city.

David PenalozaItem —

Okay. I just have issues with this because, I mean, we've been going on for this for months, and every time that we continue it, you know, the developer offers something more. and I know that this isn't going to go away even with rescinding this these approvals and it's unfortunate it's unfortunate that that the city will will still end up losing I you know was vested to protect the public person protect the city's interest and I don't feel comfortable supporting a settlement that comes in last minute you know at 10 o'clock at night last night the day

David PenalozaItem —

before the council meeting I think we need more time to go over the the settlement and go over the issues and how we how they arrived to that settlement because there was never any negotiation between me and the developer anybody on this council I would think and it's just you know we're we're now clearly operating to protect the the self-interest of one person and it's an it's it's unfortunate so I cannot support this tonight but I will make a substitute mission substitute motion to deny the rescission the staff

recommendation I'll go ahead and second that Sarah all right let's do a roll call vote on the substitute motion and if it fails then we'll go back to the original motion that was already on the table made by Mayor Pro Tem Villegas and seconded by Councillor Mendoza. So right now we're voting on the substitute motion which is contrary to the the original motion. Roll call vote please on

the substitute motion. Council Member Becerra? Yes. Council Member Mendoza? No. Councilmember Peñalosa? Yes. Councilmember Solorio? No. Mayor Pro Tem

Vegas? No. Mayor Pulido? No. Now let's do a roll call vote please on on the original motion unless there's additional comments. If there's no additional comment let's do roll call vote on the original motion. Mr. Mayor?

yes councilor salario go ahead please for me what's what's real important is this is uh you know we heard from our city attorney recommending this i'm you know largely you know gonna you know rely how i vote uh based on that uh but i'd be interested in hearing what our city manager's

recommendation is on this as well certainly mayor if i may um honorable mayor and council members

Sure, go ahead.

This item has been before you four times before. This is the fifth time. Each time that concerns have been addressed, the city attorney has skillfully negotiated those items. At this point, the item that's before you and with your changes, it does hold the developer totally responsible for indemnification, just as it would any developer. So all of the asks have been met by the city attorney, and I have been recommending the rescission even the last four times. So my recommendation hasn't changed. I recommend that the council adopt the resolution and rescind the project approvals.

Thank you, Madam City Manager.

Thank you. Other questions or comments? Anybody who hasn't spoken?

I just want to thank the City Attorney. Thank you, Mr. Mayor. I would like to thank our city attorney and our city manager for their hard work on this. And I know this thing has been coming back and forth. And, you know, at some point in time, you've got to take a stand. And so thank you very much for your dedication on this.

David PenalozaItem —

Mr. Mayor, this is Councilman Peñalosa. And I wanted to also thank the city manager and the city attorney. you know the four times ago when this was first before us your recommended action was to rescind and unfortunately that left us on the hook for over half a million dollars in legal fees and it would have left us in the on the hook because you release the developer identification so it's unfortunate that that was a recommended action originally and every time that we said no the developer offered something else first it was fifty thousand dollars then a

David PenalozaItem —

hundred thousand dollars and now we're at full identification according to the latest recommended action this should have been the original recommended action so it's unfortunate that it took this long and it took four times to going back and so I don't know who we're looking out for here if the original recommended action was to rescind this with no protection to the city why did

that why was why was that it madam city manager councilmember I choose not to discuss litigation strategy in a public session but we did have our reasons and they were revealed to you in closed session so that's all I can comment at

David PenalozaItem —

this time with a strategy all right we go with that we need to work on the story member we just need to write in that strategy moving forward and I

I believe our strategy has been, you know, we have been working on it very well in closed session. It is true that we shouldn't discuss what, you know, how we're going to go about these legal matters. And, you know, I want to thank them for their hard work. And it's tough. This, you know, I can't comment any further. But, you know.

All right. With that, roll call vote, please, Madam Clerk.

Councilmember Becerra. Just briefly, Mayor Pulido.

Oh, please.

counselor mendoza go ahead please thank you just briefly i understand that it's taken this long but it is understandably because we as a council want to protect the public so it is reasonable to have this kind of discussion and it's healthy for us to have that however with today with the contingency to remove item four this is indeed the best possible protection that we can offer the public. There is not here any public for any interest for any one person or any one organization. This is protecting the residents' money and our constituents. So I'm comfortable with the

contingent that we have added to the amendment today. So I am supporting this motion.

Thank you. With that, roll call vote, please, Madam Clerk.

Council Member Becerra? Nope. Council Member Mendoza? Yes. Councilmember Peñalosa?

No.

Councilmember Sarmiento? I'm sorry, he's abstained.

He's abstaining.

Yes. Councilmember Solorio?

Yes.

Mayor Pro Tempe Vegas?

Yes.

Mayor Polito?

Yes.

Motion carries, 4-2.

Okay, what's our next item, Madam Clerk?

75 public hearing item 75a

okay so this is time and place for the public hearing on item 75a i will now um open up the public hearing um but uh maybe uh let's first do we want to do a staff presentation and that will take public comment is there a brief presentation

from staff yes mayor it's this item is simply to authorize the submission of the fiscal year 2019 consolidated annual performance and evaluation report to the US Department of Housing and Urban Development from our Community Development Agency the appropriate legal notices were all published and the recommended action is to authorize the submission thank you for that as part of

the open public hearing are there any members of the audience that wish to

address the council we may have one mayor if I can unmute the call and go ahead

and ask them and if it's now if it's appropriate we'll listen to them and if it's another item we'll just wait go ahead please thank you caller with the

last three numbers three six one please dial star six to unmute your call or select the microphone to unmute your device and let us know if you would like to speak on public hearing item 75 a caller you have successfully unmuted yourself if you would please identify if you want to speak on item 75 a okay Okay, Mayor, that call was dropped. It looks like they hung up.

All right, well, look, if they dropped, we can't do anything about it. Let's bring it back. I'm going to close the public hearing, and I'm going to bring it back to council for consideration. Is there a motion to approve?

Motion to approve.

A second? Second.

Councilwoman Mendoza, was that you?

That was me, yes, I second.

All right, we have a motion to second. Roll call vote if there's no additional comment.

Yes, Mayor, and I fail to note the fact that we did receive an email for 75A from the Kennedy Commission urging priorities on affordable housing.

Okay, let's make sure that gets included into the public record.

Yes.

Go ahead. Roll call vote, Madam Clerk.

Councilmember Becerra? Yes. Councilmember Mendoza? Yes. Councilmember Peñalosa?

Yes.

Councilmember Sarmiento?

Yes.

Councilmember Solorio?

Yes.

Mayor Pro Tempe Vegas?

Yes.

Mayor Pulido?

Yes.

Motion carries 7-0. Thank you.

Now we're on item 75B. this is time and place for to open up a public hearing adopting a second amendment to the covid19 response funding plan uh is there anything that staff would like to present on this item and then i'll listen for public comments and we'll bring it back to council anything from staff on

this item um certainly mayor this item before you is actually to do four different actions all recommended the first action is to adopt the second amendment to the COVID response funding plan for the allocation administration and implementation of federal funding which we are being provided in response to COVID-19 pandemic in the amount of three and a half million the second action is to direct the city attorney to finalize and to authorize the city manager enter into the negotiations and execute the necessary agreements the third action is approve a substantial amendment to the 2019 2020 annual action plan in order to

allocate and program the three and a half million dollars of community development block grant and emergency solution grant funding and the final action that's before you for consideration is the approval of the necessary appropriation adjustments to recognize the allocation of the additional funds and to program them to the expenditure account thank you for

that madam clerk are there any members of the public that wish to addresses on

this item I have two that are not identified if I can unmute their call and try them.

Zoom ID Carla Juarez.

Please select the microphone icon on your device to unmute yourself and indicate if you want to speak on public hearing item 75B.

Carla Juarez, Zoom ID please select the microphone on your device to unmute your call

and indicate if you want to speak on item 75 B

Zoom ID Michael McCann, if you would please select the microphone icon to unmute your call on your device.

Zoom ID Michael McCann, if you would please select the microphone icon on your device to unmute your call.

Okay, Mayor, that is all we have.

okay so let me close the public as close by public chairman I want to ask you is there any written communications any emails anything we did receive one the

comment the Kennedy Commission also urged priorities for affordable housing

all right so let's include that in the record any comments questions from council members if not I would entertain a motion mr. mayor council member

Sermiento go ahead please thank you just a quick question for staff and I know that all the activities here that are listed are obviously ones that are worthy are important but I wanted to make sure and just for the record and I understand that there could be some flexibility moving forward in the event that one of the line items isn't exhausted and maybe there is a need to support or buttress maybe one of the others most importantly speaking about the emergency rental relief that may be a priority for us or maybe something that could be exhausted fairly quickly and to the extent maybe some of the other items

that are listed may not be exhausted could we draw down on some of the others if if maybe there are some some non-exhausted funds and those with that we might be able to use for the subsistence payments thank you council

member for that question yes we have learned as we program the money in response to the pandemic some of our programs have been more popular than other programs so like the other funding that we have done with this we do have the plan can be subject to adjustment as needed and shifting the needs and priorities so long as the amount of funds does not exceed the total amount available we may move funds from one eligible activity to another great and

in the event and this is probably very remote that these that these funding sources are not exhausted would they be carried forward to subsequent fiscal year and how would they they would be restricted to just coronavirus efforts right they couldn't be used for other CDBG purposes that we've used in the

past my understanding is they are restricted because they are additional dollars in response to COVID-19 I don't have know the answer as far as the carry forward so I'm going to ask our double duty gentleman who's also acting assistant city manager and still community development director to answer

the question I'm currently unlikely that we'll get there because if anything these funds will be exhausted sooner than we expect in the remote event that

there is any surplus yes sir that is highly likely these funds are good for three years so you have three years to draw down these funds and use them so we'll have some flexibility within

that three-year period great okay thank you thank you for the question uh councilman sarmiento it's uh an excellent question because unfortunately covid is going to be around and uh there might not be a lot of money to use and if any of this is left over i'm sure uh council bill will put it to good use so thank you for that any other questions if not is i think the motion would be in order i'll move the item second

roll call vote if there's no other questions roll call vote please madam clerk council member

Becerra? Yes. Council Member Mendoza? Yes. Council Member Pinalosa? Yes. Council Member Sarmiento? Yes. Council Member Solorio? Yes. Mayor Potem-Vegas? Yes. Mayor Pulido? Yes. Motion carries 7-0.

On item 75C and 75D, I have potential conflicts due to campaign contributions. Even though I'm going off the council, I still believe I'm just going to, out of an abundance of caution, not participate. So Mayor Pro Tem Diegas, I'll turn item 75C and 75D over you at this time, please.

Thank you very much, Mr. Mayor.

And Mayor Pro Tem, I will also be recusing myself because I am within proximity of a family-owned property to the applicant site. So I will be recusing myself for that basis as well.

Very good, Council Member Sarmiento. So I'm going to move over 75C. This is a time and place to open a public hearing. Appeal application number 2020-02, appealing the decision of the Planning Commission to approve an addendum to the Transit Zoning Code Environmental Impact Report for the Forest Street and Mortimer Mixed Use Project. And let's see here. Do we have any speakers on that, Madam Clerk?

We do, Mayor Pro Tem. And also before I unmute the callers, I do want to announce that we did receive emails. We received five in support from Santa Ana resident business owners, one Red Oak investment in response to the appeal, and one in opposition from the Kennedy Commission.

Let's go ahead and go with the speakers.

Okay. Last three numbers, 994. Please dial star six to unmute your call. If you want to speak on public hearing item. Thank you. You may proceed to speak.

this is item 75c mortimer and fourth tree yes this is 75c fourth and mortimer sorry i was down with some technical problems this is dave la president ceo of san anna chamber of commerce uh mr mayor and council members thank you for your continued work on a lot of our development projects i just want to speak on behalf of endorsing and supporting um this project and We think that this is a strong economic development project for our city, giving us additional residential capacity as well as retail for businesses. And that we feel that this is a group be a great enhancement to our downtown area again.

And what a great partner to have Northgate Gonzalez markets who has a number of markets and have been involved with our city for a zillion years to partner with this. So I just wanted to say that we're supportive of this project. We hope that you will support it as well and get it approved tonight. Thank you.

Thank you. Caller with the last three numbers, 278, please dial star six to unmute your call or select the microphone icon on your device. If you would like to speak on item public hearing, thank you.

caller you may hear me yes you may proceed okay honorable mayor Miguel

Pulido honorable mayor pro temp Juan Villegas and members of the City Council good evening my name is Teresa Saldívar owner of the Dessa's jewelers I'm calling in tonight to express my strong and complete support for the mixed-use development at fourth and Mortimer in our historic downtown Santana I am speaking to you as a businesswoman with half a century of working experience in the commercial heart of our city I am convinced that this well-planned development will not only help downtown businesses but will also be beneficial to our city we need to stimulate investment grow small business create

jobs and build housing to strengthen our downtown it is consistent with our vision for the downtown commercial district attracting much needed jobs and generating foot traffic that will benefit business as a whole not to mention the fact that it will give the subject property a badly needed facelift and will finally use a long vacant parcel of land to the benefit of the community in light of the current pandemic that we are all confronting the proposal before you will also bring opportunity for economic development in a challenging and difficult

environment the stimulus of this project will become increasingly evident in post-pandemic economy most importantly this is a thoughtful and promising development the developers have roots as well as a great reputation in santana the northgate gonzalez name is synonymous with excellent business practices, community involvement, and concern for others. They are experienced entrepreneurs whom I have known and admired since they first opened their market here in the early 1990s. Some of their employees are my

faithful customers and it is always refreshing to hear them speak so highly of the company they work for. This project will be good for our downtown businesses and our great city thank you and I urge your approval for this project

thank you caller with the last three numbers six zero two please dial star six to unmute your call or select the microphone icon on your device

thank you you may proceed hi my name is Andre Robertson and I'm the executive director for a power one foundation and I'm calling on behalf of this project to show my support for this project not gay Gonzalez Marcus has partnered with my foundation and what I've done in the city of Santa Ana as far as being there for the people in the community during a time dealing with the hunger crisis that we've dealt with. A lot of the families have been impacted by COVID-19 and through the partnership with Northgate Markets, them donating one of

their stores to me that will be a potential, that will be a future Northgate Markets, they donated 30,000 square feet to our nonprofit. To date with their assistance in Santa Ana alone we've been able to feed over a million families in Orange County and primarily Santa Ana so with the support that they show the community and this mixed-use development will add value to the community because what they stand for as a family and as a business and also with their employees and so many people in the community that adore them and support that business and from personal experience being from Santa Ana born and

raised and knowing what Northgate markets and then taking the time to see our vision and what we're doing for the community of Santa Ana has really been a blessing so I really am in support of this project when we have a Northgate

market thank you thank you

caller with the last three numbers four zero four please dial star six to unmute your call

hi my name is Ryan Chase I'm a fourth-generation business and property owner in the downtown my family's been since 1919 I'm calling tonight with support for the project the project would heavily benefit the downtown and strategic businesses and create a welcoming and beautiful entry into the downtown area in addition it's a high quality project adjacent to one of these streetcar stops and offered a multiple view options from one bedroom all the way our studio excuse me all the way up to four bedrooms and more importantly and really i mean as the previous taller mentioned

the ownership group behind the project gonzalez family is a long time business owner stakeholder holder of the city and is heavily heavily involved in the community there's so so many great things uh couldn't couldn't think of a better family behind the project um and they're also building an affordable project along with this uh uh this project as well so that'll be great um in addition the product will not displace any residents and all the employees are relocated to a new larger store nearby that can accommodate the traffic um again i cannot personally think of a better use

for the site and a better family to be involved and for those reasons i ask for your support thank you

Thank you. Caller with the last three numbers, 155. If you would please dial star six to unmute your call.

Mayor Polito, council members, thank you for the opportunity to speak in support of the Fourth and Morning World project. project my name is michael mccann and i represent toll builders who owns the property bounded by fourth main fifth and bush streets that has a 218 unit apartment project that toll expects to start construction on uh hopefully late q1 of 2021 maybe uh early q2 2021 toll believes the fourth and Mortimer project should receive the council's full support as it furthers the intent and vision of the transit zoning code

by bringing much needed residential to a downtown area that is missing that key element of housing. The housing will help energize the downtown, support local businesses, increase safety with 24 seven eyes on the street and add to the city's housing stock, which is probably most important of all. Contrary to what some might think, TOL is not concerned about a competing housing project down the street. Rather, we instead feel that multiple housing projects complement one another. They'll bring an energy and a sense of place to the downtown area that benefits all downtown constituents,

particularly the businesses and even our project. For those reasons, we very much hope you will support this project. Thank you very much.

Thank you caller with the last three numbers 841 please dial star six to unmute your call or select the microphone icon

calling leaving my name is Sammy hello good evening my name is Sammy Carmona I I am a 32-year resident of the beautiful city of Santa Ana. I lived over on Burge and Camille behind Santa Ana High School, currently on 10th and Holly by SAS. And I think building a new development there on 4th Street would be a great benefit for us all, including our millennials like myself. When it's hard to buy a house, affordable housing comes into play, and why not a better place than 4th Street? You know, I grew up on that street. I watched Lion King on that theater.

So I think it's a great, great idea for this development. And I would like to say that Northgate has always been a provider for Santa Ana with all their stores. And I can't wait for the new development to come into play. Thank you.

Thank you. Zoom ID Carla Juarez, if you would please select the microphone icon to unmute your device. If you want to speak on public hearing item 75C.

Zoom ID Carla Juarez, if you would please select the microphone or unmute. Thank you.

Thank you. Hi, good evening. My name is Carla Juarez, a long-term resident in Santa Ana. I strongly oppose this development. Lagosales has been a very big part of our community. It was one of the first places they could buy groceries at an affordable price. But the development that they're behind now is not affordable to their community, which is very sad because the same essential workers are working in the groceries and putting their lives on their rigs. won't be able to afford this development, living in houses that rents begin at $2,000 and up.

I mean, that's easy math. There's a lot of people in San Ana that can't afford it, especially people that live around 4th Street or La Cuatro. So I don't know how this makes sense, and I feel very sad listening to other businesses like Teresa's Jewelry saying that it's welcome. It's welcome to those that are outside of San Ana, that don't live here because they could afford it. And if the city council is there for their public, for the people that elected them, then why are you behind this? This is very simple that La Gonzalez wants to do this housing here when they can't afford it. Their essential workers can't afford it.

$2,000 to the beginning rent. I mean, how many, I wonder how many people that are sitting right now in the city council who could afford that by themselves without having to live with two or three families in there. Because that's what San Diego residents do in order to survive. They have two or three families living with them in order to survive for the rents. And this development is gonna do just the same. When you talk about gentrification, this is gentrification. When you get priced out of your own neighborhood because you can't no longer afford the rents there. And this development only drives the surrounding areas

to increase their rents. And this is not just a crazy lady talking. This is a crazy lady who's been working with the community, knocking doors, talking to people, having meetings. And to top it off, the meeting that LaGonzalez did have, there is a lot of opposition. And those folks are not calling in or sending emails because the accessibility to them is not available. We also have to check our privilege. I'm fortunate enough to speak English. I'm fortunate enough to have Wi-Fi and affordable laptop and be able to log in and say my piece.

But those people that walked in at the Sunshine Ordinance for La Gonzales were in opposition of this. There were more than 100. And though we only have a few owners. 15 seconds left. Please listen to your community. this is not a benefit for you it will price them out and that is very sad because these are the same people essential workers that made your community when nobody wanted to live in thank you for my time thank you caller

with the last three numbers eight nine six please dial star six to unmute your call or select the microphone icon on your device. Good evening council. This is Cesar Gullius,

executive director of the community commission and we're calling in opposition to the proposed development. This is a development that is proposing new housing but as we have discussed at length in past meetings we rebuild housing that is affordable to the community of Fundana. Rents at $3,000, $4,000, $2,000 are not affordable to working families or workers in the stores of the applicant. We would like to also clear that the applicant is asking for concessions and incentives that they're not entitled to. So the city needs to apply the affordability provisions under the HUM, or in addition to that, or an alternative,

the density bonus should be used to give incentives in exchange for affordability. there's no reason why the city or this developer should get a free incentive or a free development where they're not entitled to develop under the current regulations and land use requirements that the city is putting forth again this is a proposal that's requesting incentives and concessions that they're not entitled to the city should get something in return and the residents of and Donna Shuggera, political housing. Thank you for your time.

Thank you.

Caller with the last three numbers, 451, please dial star six to unmute your call or select the microphone icon to unmute your device.

Hi, good evening, Council. My name is Isuri. I am a resident of Santana. I live in Ward 3. And I, too, am calling in opposition to this project. And one of the first things I want to say is that there has been no in-person community meeting on this project since August 29th of 2018. and at that meeting, the Sunshine Ordinance meeting another caller also referenced there were over 100 Santa Ana residents in attendance that were in opposition and the majority of those residents were of the Lacey neighborhood so they live in the neighborhood that is walking distance to the proposed project site

and I am very concerned that this could move forward today without any other in-person community meeting to collect community feedback and see what the members of the community would like to see at that site. In 2018, they strongly expressed that there is a need for affordable housing. And I know another caller stated that there will be affordable housing at this site, but we know that that is not true. The rents will be extremely unaffordable to that community. It will be unaffordable to families that have extremely low incomes and very low incomes.

and there's been talks of another project that will provide affordable housing but that project is not this project and I can't stand in support of this project the residents of that neighborhood will not support this project unless there is affordable housing that will be affordable to families of extremely low and very low incomes provided on site not anywhere else in the city not at another site nearby but it has to be provided as a part of this project and I ask that the city council really consider this. And before you make any decision that you meet with the community, require that the developer have another community meeting

that is in person. And if that has to wait until the pandemic subsides, then that is what needs to happen. But we can't move forward with this project when there was such strong opposition at the only in-person community meeting that was held. Thank you.

Thank you. Caller with the last three numbers, 383, please dial star six to unmute your call or select the microphone icon.

Caller with the last three numbers, 383, please dial star six to unmute your call or select the microphone icon on your device.

Caller with the last three numbers, 383, please dial star six to unmute your call or select the microphone icon on your device.

Hello, good afternoon. My name is Aileen.

Can I give you a opinion?

Yes, can you speak?

My name is Aileen and I have had the opportunity to be a volunteer in several community centers. And what I've learned is that our community has been displaced by this type of projects, right? Where they spend money, where these people are investing money to only take money for themselves themselves and they don't realize the damage that they are doing to the community. Santana, como recordamos, es una ciudad fundada por inmigrantes y nos hemos visto desplazados.

Hay familias que han estado aquí en la ciudad de Santana por generaciones y también recordando que gracias a nosotros que compramos, a nuestras familias que compramos nuestra comida a la tienda de la Norga y pues tienen todo ese dinero, ¿verdad? We pay and we get a product of them, but it's because we are consuming in this tienda. And this project, we only see that they want to put money in their pocket, and they are not thinking about our community.

And of course we have problems with that we have not been able to pass a control of rent, that the rents are going to be up mes a mes, even in the pandemic the rents keep going up with this project this project only will be a damage only a damage and it's to all our children because we're seeing them we're going to be displaced we're going to be displaced where we're going to be families enteras are living in the street why the city is not building no is not building more places for that these people have where to sleep

Why are they approving these projects? Why? They are doing damage. They want to invest. They invest in our children, in our education, in preparing us. Because they see, only those who are rich can overcome us. We are not only that we have those resources. or a nosotros siempre se nos han negado lo único que se les ocurre es oh, voy a hacer este proyecto que ni siquiera mi familia va a tener oportunidad de comprar un departamento ahí, o por lo menos esos departamentos van a ser para los empleados van a ser para los empleados no van a ser para los empleados ni siquiera, ni siquiera, ¿verdad?

que ni siquiera tienen un sueldo justo ni honrado ni se les trata como debe de ser But wow, this No, not if not No, not if not if not But if not if not What they should do Santa Ana La tierra tierra tierra Santa Ana tierra tierra tierra tierra tierra tierra tierra tierra

zel

the

I volunteer in Santa Ana for many, many years in community centers. and what I've learned about the community is that these kinds of projects are displacing us we're being the community is being displaced by these projects they have money to invest but they're only invest for to get their own their own profits for themselves and they don't they in these projects they damage the community Santa Ana was founded by immigrants as an immigrant city and And the families in Santa Ana have been here for generations.

Please remember that it is thanks to us who buy their food that Northgate has all that money to buy this project, to do this project. We buy our food from them, and thanks to us, this is what happens. And this is money that they want to keep in their pockets. they're not thinking about our community especially now that we don't even have rent control in the city rents keep going up and up month after month even with within the pandemic

we are being displaced and the families are living entire families are living on the streets and why don't you use this money to to buy to build places for people to to sleep why don't you invest in ourselves invest in our progress invest in our education and only the rich people benefit from this and this is a project that only that our families cannot afford and is this going to be for the for their employees of course not they're they don't make a salary that's fair that's enough

for that so I'm not going to ask you to touch your hearts I'm going to ask you to do your jobs Santa is our city. Our children were born here, our children will live here, and our children will serve here in the future.

Caller with the last three numbers, 214, please dial star six to unmute your call or select the microphone icon on your device.

Persona en el telefono con los tres ultimo numerals those 14 for favor market is 3 ss but I reactivar see a mother

hello hello you may proceed can you hear me yes we can hear you okay so I can it my comment now is this for 75 C on the fourth and Mortimer project that's

correct the larger project yes yes 75 thing yes you may proceed so hi good evening council of Santana my name is Alexis the little enemy Santana resident you know I've also you know I'm a product of the Santa Ana unified school district and I'm an aspiring business owner as well so I understand what the business owners are saying about the project however as has been highlighted by residents and the Kennedy Commission this project hasn't had a public meeting for years and it's a little bit disrespectful that even though we have a

sunshine ordinance the spirit of the sunshine ordinance is not followed and you know we do live in participatory democracy here or at least us residents make sure that you follow participatory democracy whenever these decisions are made in a not transparent way the council should be responsible enough to recognize that while this is an investment opportunity for the city it has not gone through the democratic transparent processes that allows us residents to voice our opinion and this vote should not go through today it should be blocked and postponed until a public meeting is had and if that means

that we have to hold off until we are safely able to gather in groups then that's what that means because we cannot keep making decisions in a non-transparent way and this comment is not just for the council that's what is for the Planning Commission that voted seven and zero to approve this item to be discussed tonight I wonder how many of the Planning Commission could some of them are attorneys themselves I wonder if they have business ties with Norgate who knows you know but I says residents we need to investigate these things because nobody water in opposition that means they're not taking the voices of

the residents who two years ago as another caller mentioned hundred people were against it. This is not okay to fly over democracy and make these decisions under a crisis when we don't have time or we have the ability to go to council because some of us are dealing with coronavirus right now. So please I urge you respectfully honorable council do not make a vote and postpone this issue onto the community has been able to voice their opinion in a democratic participatory way thank you very much and I am against this project until we

have public meeting thank you thank you caller with the last three numbers 933 please dial star six to unmute your call

or select the microphone icon to unmute your device.

good evening good evening you may proceed with your comment

I'm going in because I'd like to uplift Isuri's, Alexis, and Carla's comments. I think it's important for this council to know that during community meetings in 2019 and in 2018, there was strong opposition against this project. I think that this context is important and relevant for you to hear because I don't recall seeing any of you at those meetings. and for more information I just wanted to share the information that these sessions were recorded so if you wanted to know more about what your community

thinks or or or stands or where they stand on this project you know I encourage you to watch those sessions and again I think it's important information to pass along thank you thank you

and now we have the applicant Oscar Gonzalez who's going to speak on behalf of the applicant for public hearing item 75c if you would please dial select the

microphone icon to unmute your call good evening honorable mayor Pulido honorable mayor pro tem viegas and the honorable members of the city council my name is oscar gonzalez our family markets have been serving santa for 27 years i personally have basically run half my life have run grocery stores in the city of santana and i do want to provide a little bit

of context in 1992 my family purchased both parcels that one that is vacant today and second the one where the market is and originally our idea was to open a you know a large 40,000 square foot store and unfortunately back then you know the the approval was basically to open a smaller market and i share this because um our land in this is our land our vacant lot there has been

sitting vacant for 25 years and so i just i want to provide that context as well we we are very appreciative of to present our project tonight and we also want to express our sincere thanks to the city city staff for guiding this project this has been few years of in the makings through multiple submissions and refinements to make really a top quality development we're excited to continue with our investment in Santa Ana by bringing a quality multi-family mixed-use project

to the downtown. The project is transit oriented and it's placing housing in the right place next to where the streetcar will run. I'll tell you my family's committed to the city of Santa Ana. We have been for many many years. We plan to own this project for a long long time and we we are very committed to continue to enhance the community.

You know, tonight joining us, our team, Andrew Nelson from Red Oak Development, who is a partner in the project, Juan Garcia and Carl Middleton with Northgate. And we are prepared to answer any questions. Before that, I will tell you, We are committed to always doing the right thing, and we will always do what's right. And that's something that is very important to me and to my family.

And we hope that you're as excited about this project as we are, and we respectfully ask for your approval tonight. And again, I just want to thank you and ask you for approval tonight. Thank you very much.

Thank you.

Caller with the Zoom webinar ID, Brian Flynn. If you would please select the microphone icon to unmute your call.

Can you hear me?

Yes, we can hear you. You may proceed.

Fantastic. Good evening. My name is Brian Flynn. I'm an attorney with Lozado Drury on behalf of the Appellant Supporters Alliance for Environmental Responsibility, or SAFER. In the short time I have, I want to highlight why SAFER believes this project should not be approved at this time and the appeal should be granted. First, CEQA does not allow an addendum to be used for this project. the addendum was inappropriately prepared by looking to the 2010 TZC EIR and then applying CEQA's subsequent review provisions, specifically Public Resources Code 21166. However, those

subsequent review provisions are not applicable. The situation here is that the 2010 EIR is a self-described program level EIR for the whole TZC area, and the 4th and Mortimer project is a a specific project within that area. CEQA has specific procedures for such a situation that must be applied. Under these applicable procedures, an EIR or negative declaration is required if there are new impacts not covered by the previous EIR. Notably, these provisions make no mention of using an addendum because CEQA does not contemplate the use of an addendum in this situation.

uh safer also submitted a comment from excuse me

from a renowned air quality expert who found the project would have significant cancer risks due to indoor formaldehyde emissions his conclusions are based on studies that were not available in 2010 and so those now constitute new information demonstrating a significant human health impact. Also, we believe the city failed to apply the affordable housing requirements of the housing opportunity ordinance. The ordinance applies to residential projects that increase density above the density permitted by the general plan. Site B of this project is designated as

urban neighborhood with a density allowed up to 50 dwelling units per acre and the project is proposing to build 54 dwelling units per acre on site B and so because site B exceeds that dwelling unit limit then the ordinance applies and its inclusionary requirements apply to the project so because the use the addendum is inappropriate under CEQA and because the inclusionary housing requirements must be applied to the project we respectfully request the council grant the appeal and not make any further approvals for the project at this time

thank you thank you ma'am caller with the last three numbers 196 please dial star six to unmute your call or select the microphone icon to unmute your device

Caller with the last three numbers, 196, please dial star six to unmute your call or select the microphone icon to unmute your device. Thank you. You may proceed to speak.

Hi, good evening, everyone. I wanted to address Oscar Gonzalez's comments. As a resident of Santa Ana for over 35 years, I find it very disrespectful that, you know, that your company...

I'm sorry, caller. Did you already speak? We have not.

Would you please state your name for the record? Yes, it's Maria.

Okay, you may proceed. Can I proceed? Thank you. Again, this message is for Oscar Gonzalez and his entire family. I just want to make sure that it's noted and it's recorded that your six stores in the city of Santa Ana have thrived off of the working families and the customers that have made your stores here in the city. I find it very disrespectful that you assume that the development that will be built on these two blocks that your family owns is going to benefit the immediate community and not the developers or the business owners that have invested in our city that have pushed out many families.

Brian Chase is a disgrace to the downtown Santa Ana area along with the city. He doesn't live in Santa Ana, has been here for over 100 years with his family, and has continuously displaced a lot of our families. If you are invested in our city, Oscar Gonzalez, I urge you to request that this development stop until you can actually meet with the community and walk and talk to the residents in the area. for council members that have been part of this development from the very beginning that have voted in the past against it i urge you to remember how you voted and why you voted

in opposition to this development thank you thank you may pretend that was the last caller

thank you very much so we already heard from the public we will not take any more calls we heard from the applicant and madam city manager do we have a presentation

on the project and yes mayor pro tem we do have a presentation that will be given by executive director mint I and planning the building and it will also answer some of the questions that were brought up during the public comment

period okay very good so I'm going to close the public hearing and go ahead and proceed mr. men

good evening mayor mayor putem this is a an application that is pertaining to appeal application 2020-02 addendum to transit zoning code eir as well as amendment application 2020-04 for the fourth and mortimer street mixed use development project on october 12th the planning Commission voted unanimously to adopt a resolution proving the EIR to addendum to the EIR for the transit zoning code site as well as recommending to the City Council approval of the addendum

and the amendment application project on October 22nd 2020 the city staff received an appeal application on the portion of the project that was approved by the Planning Commission which is the addendum approving the variance and the site plan review therefore before you tonight are two matters one is the appeal and second is the approval of the amendment and the addendum to the IR as recommended by the Planning Commission this is the project location and land use as you can see it's two site that is split by Mortimer between 5th and 4th Street currently the

site a is zone district center I'm sorry the general planners district center and site B is urban neighborhood the zoning for the site is the transit zoning code SD84 with the subzone of downtown for site a and UN to for site B the proposed is to change only the zoning for site B from UN to to UC and the purpose of this zoning change is to allow for the development of a line block building which allows the building to go all the way to the property line and it's a

building form rather than any other types of changes in terms of density the site is surrounded by commercial and single-family residential to the north south and east and commercial city and the city parking structure to the west

this is a map showing the changes to the zone changes I mentioned and again you can see on the top right hand there which is the existing site 8 is not being changed site B is the one that's been proposed and the bottom map there shows the changes to site B going to but there is no change in the general plan as this is significant in terms of the discussion on the application of the WHO that was brought up by the applicant on the PO which I'll discuss later. Here is a site photo looking northeast of the project site from 4th Street and I believe this is French.

Both photos looking at the site with the existing market. This is a photo of the looking northeast at 4th and Mortimer. the existing auto repair shop that you see there will be continued to stay it is not a part of the project the bottom photo is a northwest view at fourth and mentor the project briefly is to demolish the existing grocery market and the surface parking lot on site A and B and to construct a new misuse project on on both block consisting of a total of 169 residential units, 99 on site A, 70 on site B.

The unit mix, as you can see, includes a variety of studios, one bedroom, two, three, and four bedrooms, with a significant number of four bedroom units which are for family. Not very many projects of this size proposes that type of number of bedrooms, and we have worked with the applicant to really create a bedroom profile that would help to assist with family as well as different types of living arrangements. The project will provide 11,000 square feet of commercial resale space on site on the ground floor. We'll be primarily facing

the 4th Street along the streetcar right away. There will be 422 parking spaces providing a ratio of 2.3 parking spaces per unit which is higher than what the transit zoning code required at a rate of 2.15. Here's the site plan looking at the project. As you can see, as I mentioned, there's retail on the ground floor for site A, site B is entirely residential. The parking garages for the project site will be accessed off of Fifth Street for both sites. This is a rendering of the site. As you can see, it is a project that has multi-story with ground floor retail.

the ground floor has been designed to allow for fenestration of the building to basically be consistent with the cadence and rhythm of downtown with large bulkhead windows allowing for outdoor seatings as well as interior access and this is a view of the project looking northeast at 4th and French and you can see the streetcar right away in the rendering here's another view of that same corner the appeal application as submitted by the firm of the zoo

representing safer basically made three assertion the first is that a new EIR is required the second is that the project did not comply with the housing or the who ordinance and the third is the Planning Commission failed to consider the public letter received again I just want to highlight that the only action taken by the Planning Commission was the action to adopt the resolution proving the addendum of the IR for the transit zoning code under these three assertions the other two assertion two and three do not apply and I'll explain the reasons the addendum to the sequel document as we review for the transit

zoning 2010 EIR transit zoning code basically indicate that the project with the technical studies that were provided did not create any additional impact that have not been analyzed in the EIR, and under CEQA regulations, section 15162,

as well as PRC 2166, that a new IR should not be required if the project does not create any substantial impact that was not analyzed before. And based on the studies that were completed for this project, the project did not create an additional impact that has not been analyzed. therefore an EIR or a new document cannot be required and the addendum is the appropriate document so that is our response to the sequel documentation and that's been presented in the staff report as well the who does not apply here because the current who ordinance only requires a project to comply with

the who the regulations of the who if there is a change in the general plan designation of the project site that increases the density of the project this project does not have a general plan amendment application with it that is required because it's not asking for density increase under the general plan thirdly the assertion that all written verbal comments weren't considered by the Planning Commission is an incorrect statement and unsubstantiated the appellant did not provide any evidence substantiating this that is compelling because all of the public comments verbal were presented to the Planning

Commission during the public hearing all written comments were provided through plan commission prior to the hearing including the written comments provided by the applicant so all of those issues all of those comments were considered by a planning commission prior to making that decision the project has some fiscal benefit as well as job benefits as you can see it would generate approximately 5.4 mil and net new positive general fund over the 25-year period. Therefore, based on the recommendation of the plant commission, as well as the analysis that have been completed by staff, we recommend that you adopt

the resolution denying the appeal application, adopt a resolution approving the addendum to the EIR for the Transit Zoning Code and approving amendment application 2020-04, as well as adopting an ordinance approving amendment application 2020-04. That concludes the statute report.

Thank you very much for the presentation. Is there any questions by any council members? If not, then is there a motion or a second? Mayor Pro Tem. Go ahead, Council Member Bessar.

Phil BacerraItem —

I first wanted to start off by thanking Mr. Tai for that explanation. I think that it was important for everybody to hear why this is in front of us and why staff is making the recommendation that they're making another thing I want to say is I'm just really I was really impressed with the outpouring of support for this project I mean folks that have been long-standing pillars of the downtown community taking their time out this evening to testify in support of this project which it's a beautiful project and it's being done by folks that have invested enormously in our community the Northgate folks the

Phil BacerraItem —

Gonzales have done a lot for our city not just economically but charitably and otherwise so but right now we're looking at a project and whether it makes sense in the downtown and at this location and it absolutely does and with that mayor pro tem I'd like to go ahead and just go ahead and make a motion that we adopt the resolution denying the appeal approve and adopt the addendum to the EIR for the transit zoning code and adopt the ordinance approving the zoning amendment.

Thank you. With that, is there a second?

David PenalozaItem —

Yes, Mr. Mayor Proctemps. This is Council Member Pinalosa. I would like to second.

We have a first and a second. Is there any other comments from any council members?

Yeah, Mr. Mayor Proctemps, I'd like to make some comments.

Go ahead. Council Member Solorio.

Thank you. First, I want to thank Oscar Gonzalez for personally making the presentation to the council I know early on in my current turn back they gave me an update and I knew they were kicking info because much later when they came back they took into account you know input that I gave and others that was appreciative and it's a very worthy project today and I'm gonna be very proud to vote for it to address some some Some of the community questions because yes, definitely, you know, I heard a lot of the support, but I heard kind of some criticality to it all

and the city's direction. And I just want to make, you know, a few observations that at least are important to me as I think about this project as well. Number one, to continue to help with overall affordability in our city and the region and the state, supply and demand is very important. and you know we've already uh on the affordable housing side in stan and i know during these past few years that i've been back on the council you know we approved and have completed or under construction 1500 affordable housing units that's huge uh and so now we do have uh you know some

more market rate type of projects like this one but uh i think it'll be helpful still overall also you know we want the birth housing stocks so that people of all income levels can live in Santa Ana and that includes people that were once lower income or couldn't afford something like this that then when they maybe do better in their job or start a business is successful that they have a move up opportunity something positive and be proud of in Santa Ana rather than feeling like they then have to move to Irvine or some other place to find that opportunity and then when that move of opportunity occurs it frees up a prior

place in Santa Ana where they used to live before and that could be more affordable and it will be available and then finally and it was mentioned before I you know I'm proud of the light rail project many of you know I also used to work at OCTA and so we need that light rail project to be successful for the city and for the working-class folks we have in town and others that want to use that light rail system, and that means we need nice developments that are going to attract additional folks to live there, shop there, and use the light rail. So because of that, and also

the tremendous work by the city staff to put this project together, I'm in full support tonight. Thank you. Thank you, Councilmember Solorio. Is there

any other comments from any other council members?

Okay, I don't hear any, so I will... Mr. Mayor Pro Tem. Go ahead, President Peñalosa.

David PenalozaItem —

Really quick, I just wanted to give credit to the applicant. About a year ago, they reached out to me and they asked, since I do, at the time, represented the downtown district, and they asked what could we do, you know, as this process, we're beginning this process as we're moving on, and I said, you need to do what I did to get in this office and knock on doors. and I sent them out there and they knocked on numerous doors surrounding the property, the residential, the single family homes, the businesses, and from what I believe we received numerous letters of support

David PenalozaItem —

from those properties immediately that go up against the property along Mortimer and 4th and 5th Street. So I just wanted to make it known to any future applicant that this is what you should do. You should knock on those doors wherever your property is and do the outreach yourself. Don't expect city staff, I mean, city staff should do it as well, but it would go a long ways if the applicant, you know, does it and get ahead of themselves and do this outreach. So just wanted to thank them for doing that.

Thank you very much. I want to thank all the council members for their comments, and I agree. I also want to thank everyone who called and participated in the meeting and with that madam clerk can you get a roll call vote councilmember Becerra yes

councilmember Mendoza was that you yes my motive yes thank you thank you okay

very good councilmember Pinalosa yes councilmember Solorio yeah mayor pretend Vegas yes motion carries five to abstentions very good to abstain okay

we're gonna move on to the next item madam clerk which is item 75 D 75 D is Are we going to, is the mayor coming back and Council Member Sarmiento?

When I abstain, Mayor Potem, I abstain on two items, so I'm going to abstain on this one as well. But I think Council Member Sarmiento will return.

Okay, very good. Yeah, he has joined us now. So item 75D, this is the time and place to open a public hearing. Environmental review, number 2018-83, general plan amendment. Number 2020-04, the amendment application. Number 2020-02, to facilitate the construction of an eight-unit condominium development at 301 and 305 North Mountain View Street. And do we have any callers on that item? I'm going to go ahead and open the public hearing.

so do we have any callers madam clerk thank you mayor pretend so we did not receive any written communications and we have no callers on the lines waiting

to speak on item 75 D okay very good does the council prefer to have a they wish the to have a presentation on this or a small project I'd like to see the presentation presentation okay go ahead mr. time thank you mayor pro tem

thank you mayor pro tem this item is on approval of an eight unit economy and development project on Mountain View Street. The application is seeking approval for Environmental Review 2018-83, General Plan Amendment 2020-04, and Amendment Application Number 2020-02. The project site is located 301 through 305 North Mountain View Street. The Planning Commission recommended 403, with three members being absent, for the approval of the project to the City Council on October 26. The project is located on Mount V Street between 5th and 1st Street.

The general plan is existing low medium density residential LMR 11. The proposed change will be to MR 15, which is medium residential 15 units to the acre. The existing zoning of the site is agricultural A1. This is really an outdated zone within the city where the intent is to look at primarily agricultural type uses. This, along with other properties throughout the city, the Zone A1, have really all been changed to residential uses or commercial office. And it is a zoning classification that is outdated.

Therefore, they're proposing to change it to R2 residential. The site is surrounded by multifamily residential developed to the north, south, and east, and single-family residents to the west. The lot is about 32,000 square feet and is currently developed with two single family residences. The project is to demolish the existing structures and develop an eight unit, basically four duplexes. The unit is approximately 18 million square feet, containing three bedrooms and 2.5 bathrooms. The structures are two story and approximately 27 feet high. the project is required to have 32 parking spaces to locate in the garage to

surface parking spaces the project has met that requirement by providing two in the garage and two in the driveway for each unit there is a common open space area for the project site approximately 2,000 square feet as well as 300 plus to 850 square feet of private open space per unit in the rear yards here's the site plan of the project to the left there is the Mountain View Street and then there's a driveway on the south side of the project site with the four duplexes aligned to the north along the north property line and then to the east there

is the Lake Park Mobile Home Park that is adjacent to the site. This is the rendering of the project development architecture style is a modern Spanish colonial that has a tile roof with stucco and wood trimming indicative of this architectural style. This is a general plan amendment showing you it's being changed from LMR 11 as I mentioned to LMR 15. Certain areas of this of this entire block will be LR 7 which are existing development single-family homes

the MR 15 will allow the site to be developed in the R2 zone standards which which is something that is already existing in the area.

As you can see here, the existing zoning of the block includes A1, R2, as well as R4 and R2. However, the general plan needs to be amended in order for the zoning and the general plan to be consistent so that probably can be developed at the density intended. As I mentioned earlier, the A1 zoning is an accurate charge for zoning, which is outdated and really is intent on the focus of agricultural uses which we don't have in the city.

The project, we believe, meets the code requirements of the city in terms of creating an additional opportunity for ownership housing. The proposed general plan as well as the amendment will help to clean up the inconsistency in land uses as well as updating and modernizing some of the zoning code and zoning classification in the area to create a cohesive development pattern. Therefore, staff recommends that the City Council approve the recommendation of the Planning Commission, adopt the resolution approving the MND, adopt a resolution approving the general plan amendment,

and adopt an ordinance approving the amendment application. That concludes staff's report.

Thank you very much. Does any council members have any questions for the gentlemen?

If not, okay, we close the public hearing and thank you very much for the presentation. And I don't see or hear any questions from council members. So do we have a motion to approve?

Phil BacerraItem —

Mayor Pro Tem, I'd like to go ahead and make a motion that we adopt a resolution approving the MND, the general plan amendment and the zoning amendment as well.

Very good. We have a first and a second. Madam Clerk, can we get a roll call vote?

Council Member Becerra?

Phil BacerraItem —

Yes.

Council Member Mendoza? Yes. Council Member Penalosa?

Yes.

Council Member Sarmiento?

Yes.

Council Member Solorio?

Yes.

Mayor Pro Tempegas?

Yes.

Motion carries 6-1 with one abstention.

Very good. And I believe we have the mayor back on the line.

Yes, the mayor is on the line.

Okay, very good. The next item, Madam Clerk, for the mayor.

Mayor, we are on...

I'm right here. Go ahead, please.

yes we're on a public hearing item 75 e okay let me go ahead and open up that

public hearing and first of all let me ask staff if there's any presentation that you'd like to make and then we'll hear from the public and thank you mayor

council members just very briefly the item before you is for a public hearing and to adopt a resolution approving a mitigated neck deck or negative declaration and a mitigation monitoring and reporting program and the city has a well that was originally constructed in 1980 and we plan to rehabilitate and reconfigure the existing site and this is the necessary step to move forward

with that action are there any members of the public that wish to address us during the public hearing, Madam Clerk.

Mayor, we do not.

Let me bring it back to Council. Any questions by Council? If not, I'd entertain a motion. Council members?

Motion to approve. Second.

Any other comment? If no more comments, I'll ask a roll call vote.

Council Member Becerra?

Go ahead, Madam Clerk. Yes.

Councilmember Mendoza yes councilmember Pena Losa yes councilmember Sarmiento yes councilmember Soloria yeah mayor potent Vegas yes mayor Pulido yes motion

carry seven zero so we now go on item 75 s I believe that's correct this is time and place for a public I'm gonna open up a public train for item 75 s and I'm gonna turn over to staff for a presentation and madam city manager

please um thank you mayor so the item before you is to adopt a resolution which is the first step in declaring the public necessity for the condemnation of a portion of real property. The city is acquiring the properties for the development of Phase 1 of the Warner Avenue Improvements Project, bounded by Main Street and Oak Street. The city does have a construction timetable to begin in early 2021 and to maintain the Warner Avenue Improvement Project schedule and meet the funding requirements to commence the construction on that time frame. staff is requesting adoption of the resolution of necessity we do have staff

also available if you have any questions on this item well let's keep them

available if we have questions madam clerk are there any comments from the

public thank you mayor so we only received one written communication from Wells Fargo the property owner in opposition to this item and we have no

callers who wants to speak on this item thank you council members any thoughts questions if not I want to entertain a motion to approve I'll make a motion to

David PenalozaItem —

approve mr. mayor this is councilman Pena Loza

thank you very much councilor Pena Loza thank you for that is there a second the Penielo motion please. Second. Council Member Mendoza. If there are no comments I'll call for a roll call vote. Roll call vote please. Council Member Becerra. Yes. Council Member Mendoza.

Yes. Council Member Penielosa. Yes. Council Member Sarmiento. Yes. Council Member Solorio.

yes mayor pro tem vegas is absent mayor polido yes thank you motion carries so now we go to item 75g this time and place for a public hearing on 75g i'll now open up the public hearing is there a

presentation from staff please yes mayor this item is extremely similar to the one that we just had before you it is also to acquire a property to further the Warner Avenue improvements and it's a public hearing to adopt the resolution to start the process to declare the public necessity and condemn the the parcel to

accommodate the Warner widening thank you for that madam clerk are there any members of the audience that wish to address this thank you mayor we did

receive one written communication from Jay Pacific International property owner indicating feasible alternative proposal and we do not have any callers speak to

wants to speak on this item thank you if there are no questions by council members I would entertain a motion I'll make a motion to approve mr. mayor Thank you, Councilman Peña-Losa. Is there a second?

Was the public hearing closed?

Yes. Sorry, if it wasn't clear, it is closed. Got it. Is there a second to the motion?

Second the motion.

Thank you. Roll call vote, please.

Councilmember Becerra? Yes. Councilmember Mendoza? Yes. Councilmember Peñalosa?

Yes.

Councilmember Sarmiento?

Yes.

Councilmember Soloria?

Yes.

Mayor Pro Tempegas?

Yes.

Mayor Pulido?

Yes.

Motion carries 7-0.

I now want to direct our attention to the Housing Authority meeting. I'm going to call that body to order and ask the clerk to do a roll call vote. I mean, roll call, please.

Authority Member Becerra?

Here.

Authority Member Mendoza? Here. Authority Member Peñalosa?

Here.

Authority Member Sarmiento?

Here.

Authority Member Solorio?

Yeah.

Vice Chair Villegas?

Here.

Chair Pulido?

I am here as well. I now would entertain a motion on items one through three on our consent calendar. Can I have such a motion?

Motion approved. The move. Second.

We have a motion by Mendoza. I believe a second by Mayor Pro Tem. Roll call please, Madam Clerk.

Authority Member Becerra?

Yes.

Authority Member Mendoza? Yes. Authority Member Pinalosa?

David PenalozaItem —

Yes. Yes.

Authority Member Sarmiento?

David PenalozaItem —

Yes.

Authority Member Salorio?

Yes.

Vice Chair Villegas?

Yes.

Chair Pulido?

Yes.

Motion carries 7-0.

I want to direct our attention to business calendar item number four. It's the proven update to the Housing Choice Voucher Program and the administrative plan. Do we have any presentation from staff?

no presentation but staff is available to answer any questions that you may have

okay do we have any questions from members authority members

if not i'd like to see if there's a motion on the recommended action

i'll move the item second thank you

Is there a second? I'll second. So let's go ahead and do a roll call vote if there's no more discussion. Madam Clerk, please go ahead. Authority Member Becerra? Yes.

Authority Member Mendoza? Yes. Authority Member Pinaloza? Yes. Authority Member Sarmiento? Yes. Authority Member Solorio? Yes. Vice Chair Villegas?

Yes.

And Chair Pulido?

Yes. I now want to direct our attention to the successor agency meeting. Call that to order. And I want the clerk to please do a roll call for the successor agency.

Council Member Becerra?

Here.

Council Member Mendoza? Here. Councilmember Pinalosa?

Here.

Councilmember Sarmiento?

Here.

Councilmember Solorio?

Yeah.

Mayor Pro Tempe Vegas?

Present.

Mayor Pulido?

I'm here. I now want to see, are there any public omits for the successor agency, Madam Clerk?

We do not have any, and we have no written communications.

Okay, so then I would entertain a motion on items one, two, and three. Actually, two is probably not even necessary because we have nobody absent, but I'd entertain a motion.

Phil BacerraItem —

So moved. Second.

We have a motion by Mendoza, a second by Becerra. Roll call vote, please, Madam Clerk.

Council Member Becerra?

Yes.

Councilmember Mendoza yes Councilmember Pinalosa yes Councilmember Sarmiento yes Councilmember Soloria yeah mayor pretend

Vegas yes mayor Pulido yeah I now I would now adjourn the successor agency and reconvened the city council meeting. And I want to bring our attention to item 85A and ask council members Becerra and Mendoza to please take the lead on this. And let's have a good discussion item here. Please go ahead, council members.

Thank you. Council member Becerra, would you take the lead, please? The park is in your ward and it would be appropriate for you to take the lead on this.

Phil BacerraItem —

well thank you councilmember Mendoza I know that you've been a long time active member with the Kiwanis Club and Thornton Park is just right up the street from my house and the barrier-free Park is a wonderful amenity in Thornton Park and I want to thank councilmember Mendoza for bringing this item to our attention regarding mr. Upton who was a longtime very active member of the Kiwanis here in Santa Ana and I'll go ahead and throw it over to you council member Mendoza if you'd like to tell the community more about George Upton yes

definitely thank you the playground is currently named the Kiwanis barrier free playground and but in which was enacted and it came to it was celebrated in March 18th of 2015 it is the park which gives children but with special needs a place to play and socialize with other kids and the Kiwanis Club of Santa Ana and in particular may George Upton help make it

happen thanks to the club's partnership with the city and the dedication of long long-time club member mr. George Upton whose passion drove the project so the 5.5 acre space is in environmentally friendly space green space in which kids of all abilities interact. So at Carl Thornton Park and within the park, this playground has been utilized by the Kiwanis Club for more than 12 years

which has been funded and conducted various luncheons per year for the special needs classes for these children. These events have been popular among parents and kids and many of who have come here from poor financial backgrounds and thus they're very special and significant to the community and now about mr. Upton so what this my my item it proposes to rename the Kiwanis barrier-free playground to the George Upton All Access Park.

And in doing so, we will be renaming this park and recognizing and identifying a person who has made an extraordinary donation of time, effort, and funds to promote the improvement of a public facility. Renaming the park to the George Upton Access Free Park, which is the name that recognizes that George Upton, who made significant contributions to the well-being of our city, its residents, children, and especially children with disabilities.

George Upton was born in Tampa, Florida on October 15, 1920, and he passed away peacefully in his sleep on June 26, 2019 at the tender age of 98. He grew up in San Bernardino, California Joined the U.S. Navy during World War II He fought in the Pacific and served bravely from 1942 to 1945 After the war, he worked for the airlines And while on layover in New York in October of 1947 He met his dear Jean, the love of his wife

And they were on a blind date after getting married there in january of 1948 george and gene moved to california and ultimately settled in the beautiful city of santa ana where they raised their family mr upton worked in advertising pharmaceutical sales and management and for the county of orange he retired in 1982 and in retirement, Mr. Upton found his passion for philanthropic work. He served as an elder and deacon for the First Presbyterian Church of Santa Ana. He was president of the Friends of the Santa Ana Public Library

and in his spare time, he taught boating and navigation courses at the Santa Ana College. So you can see how he's connected to our beautiful city. Mr. Upton joined the Kiwanis Club of Santa Ana in 1980 And was the Kiwanis of the year in 1982 And he served as president in 1995 and 1996 He worked tirelessly with fellow Kiwanis To improve the lives of special needs children in Santa Ana He volunteered at Carl Harvey School And he helped to create the Barrier Free Park in Santa Ana

So annually, but temporarily on hold, because of the COVID restrictions, the Kiwanis Club generally hosts the George Upton Picnic for Santa Ana children at the park. So we hope to resume that once we have the park renamed and the restrictions have been lifted.

So I ask my fellow council people to please support me and Council Member Becerra in the renaming of the park to the George Upton All Access Park and give him the honor that he deserves for all the wonderful philanthropic work he has done with the city of Santa Ana and its disabled children.

Any other comments?

Mr. Mayor? Go ahead. I want to thank Council Member Mendoza and DeSera for bringing this forward. I know Kiwanis has been thinking about this for some time. when I was working on signs and I know we even had a nice cleanup day once with a lot of that key club student members from Santa Ana and the broader area so it's a great project it's been that for a long time and rename it an honor of you know this gentleman is that it's fantastic and I want to let my support

behind the proposal thank you thank you for that I echo those comments by the Thank you to council members for bringing it forward and I was there when we originally began that barrier park Project and I think this is an enhancement to it Any additional comments from council members? Yes, mr. Mayor just for the record council members Saramiento

I want to thank the council members that raised this as well I do recall when the barrier free park was also constructed and I am supportive of recognizing mr. Upton and all the efforts by the Kiwanis Club thank you

thank you for that comment thank you for that additional comments does the city manager feel she has a solid direction on this mr. mayor really quick I have a

David PenalozaItem —

few comments just one actually go ahead the thank my colleagues for bringing this forward but I also wanted to to mention see if we could maybe find a little bit of funds in the in the cannabis funds that maybe we could use towards giving a give a little facelift to the playground maybe a paint job or a or a good power wash I know that last time I was there was during the last during the cop night out event that they had there in that area and I noticed

David PenalozaItem —

that there was a lot of them etched graffiti into the playground and and you know it you know if we're gonna kind of like what we did with with the skate park at Centennial Park you know was a it was a nice sign with a Pat McGuinnin McGuinnin that we did that was unfortunately later vandalized a couple weeks later but if we could see what we could do to just given a little give a little facelift to the to the playground that would be nice those are my comments

thank you I think that's an excellent suggestion excellent any additional comments council members if not let me go to city manager comments please

sir just a couple of updates cares money we are winding down the program as we have a hard deadline to spend the dollars that we received that support the programs by the end of the calendar year we are still receiving applications for financial assistance so I strongly encourage residents and businesses to apply we will be taking those until December 15th December 20th will be the final day of our free kovat tested that's funding funded through this program but we are looking for other ways to continue to provide testing to our community and we ask everyone to follow the state

health rules and wear masks to help reduce the positivity rate and for members of the public who are concerned about residents and businesses that aren't following the state kovat guidelines the city has launched the kovat compliance center which people can call about possible violations and the number is 714-647-4747 easy one to remember and finally the last item is just to announce that there will be the closure of Bristol Street at Santa Ana Boulevard our OC streetcar construction is progressing into a significant phase that will require the full

closure of this intersection beginning Friday evening December 4th for approximately one week the closure is necessary to construct the westbound tracks on Santa Ana Boulevard crossing Bristol these rails run along the north edge of the Santa Ana Boulevard roadway OCTA and the streetcar contractor Walsh have been preparing for this closure by placing advanced warning signs advising motorists of the work OCTA will coordinate announcing the closure and details on social media detours sorry on social media and all other available means and the city staff is reviewing a daily work plan for the closure so that progress

may be monitored and the reopening of Bristol occurs without any unnecessary

delays that's it thank you thank you for that I now want to go to a council member of comments council member Sarah please thank you mr. mayor I just want

Phil BacerraItem —

to you know thank our staff for all the work that they've been doing this year I do want to give a special praise and shout out to Nabil Saba because you know I bugged the heck out of Nabil for so many requests and Nabil delivers like nobody can so I just I want to thank you and you know to two folks that have reached out to me regarding trees sidewalks street repairs I'll take as much credit as I can but really the majority of that credit really truly deserves to go to Nabil said Nabil thank you and your staff for for taking care

Phil BacerraItem —

of all that you do also I wanted to bring up the program that the city is collaborating with the Santa Ana Unified School District on regarding students being able to check out books from our library using their student ID card I think that's a fantastic idea in any way that we can encourage use of our libraries from our our local children would be fantastic I would also like to remind our staff that we do have other districts in town including on the west side we have garden Grove Unified School District so I would ask our staff to look into possible collaboration with our friends over there at garden Grove

Phil BacerraItem —

Unified I think you know primarily west of the river we have a lot of students over there and I I would imagine that they would benefit from utilizing our library and its wonderful resources and with that I hope everybody had a safe and wonderful Thanksgiving and that's all I have good night thank you for that

good evening and councilor Mendoza please thank you I just also want to

wish everyone a belated Thanksgiving good wishes and continue to be safe wearing your masks and we need to bring these numbers out and continue to do a good job for for our residents so I I have some talking points from the sanitation water district but I need a moment to find them I feel call on me

again at the let me go to the counselor Pena Loza and then I'll come back to you

David PenalozaItem —

counselor Benja Loza please Thank You mr. mayor I I just wanted to thank the city manager for bringing that that closure of Bristol Street in Santa Ana to our attention earlier today and and to the public I want to encourage that our public works and our in our contractors and our inspectors are out there you know looking at this work I was on my way here tonight to the council chambers I was driving north on flower Street and took a ride on Santa Ana Boulevard and

David PenalozaItem —

that immediate right turn into Santa Ana Boulevard felt like I fell into a 10-foot dip I know that that the work I can't express how terrible terrible that work being done has been for our community and our residents in downtown I know it's only temporary but this temporary work and patch work should be done to a standard work we don't feel like we're driving like we're going off-roading and I know that this is still a year and a half two years of

David PenalozaItem —

construction that we're still going to deal with so I would want to to highly express and encourage our staff is on top of the work that OCTA is doing and making sure that we're holding them accountable with the work being done and that it's because in no other city they would allow this to fly and we should neither so with that said I also want to thank our cares team I mean I can't express enough how good of a job you guys are doing out there I got tested at

David PenalozaItem —

Thorin Park last week and the line was insane and I know that all our sites have been seen you know two-hour waits you know if anything you know on at these for to get COVID testing and whatever we could do if we need to beef up you know staff not sure if on what side on the city side or on but I mean we should be able to to to alleviate some of that because no no a lot of our residents you know I was out there and I saw some residents in their scrubs

David PenalozaItem —

themselves or in their uniform and and talking how that was their lunch hour they were trying to use their lunch hour to get tested for for COVID-19 and they ended up leaving because the hour 45 minutes that they get for their lunch time wasn't enough to to wait in that line and get tested so whatever we could do to help facilitate that whole process and and have it run smoothly would be appreciated I know we're doing a lot and I and I want to thank the care scene and Daisy for for all the work that they're doing because I know that they're working around the clock to make sure that those services are provided for our residents

David PenalozaItem —

and with that I want to say good night thank you thank for your comments

counselor Mendoza should we come back to you did you find what you were looking

for yes I'm mayor I did find my talking points for the Orange County sanitation district for the month of November. This month, the OC sanitation district celebrated 13 outgoing board and alternate board members who collectively gave the sanitation district over 120 years of institutional knowledge and experience. The departing board members were an integral part in helping the sanitation department become a worldwide leader in resource recovery.

Their leadership and vision provided Orange County Sanitation District with the support necessary to accomplish efforts such as the groundwater replenishing system, the transfer of local sewers, relocation of the Saudi line, a critical infrastructure project that carries brine and industrial wastewater from the Inland Empire to Orange County Sanitation District and to so many others. OCSE will now begin the onboarding process once the new members are appointed.

And we also authorize a third party to provide the PFAS, which you probably may know that it means the per- and poly-fluoroalkyl substance. it's a sampling and analysis services to comply with state water resource control board investigative order that aims to understand the presence of pffa in the environment it's very important that santa ana get in on the clean water and continue to provide high quality water to its residents

And so this is one of the areas where the public may not realize why all of this is going on. How does it affect our city? Well, with the Orange County Sanitation District working collectively with all cities, it's to ensure that we are all on the same page as far as providing safe groundwater to our respective residents. residents and to ensure that our sewers and our water lines remain clean and

that our cities are compliant with how to release and get rid of the fat and oils and grease that our businesses our restaurants use and so that's one of the the issues that that we look at as a representative from the City Council is in my duty is to report to you and to the public of the projects that are forthcoming so that we can also be at the forefront in these issues so that's

report for November of 2020 thank you for that now let's continue with council members so let's go ahead and I believe Councillor Sarmiento you are next yes

thank you mr. mayor and you know I wanted to do this with the city manager in the room but maybe we can go ahead and have her have some of the directors here go ahead and relay this to her but I think what's important is that many of us right now are aware that we're going through this incredible spike and in kovat positivity rates here in Santa Ana really you know nationally and locally and regionally but Santa Ana is disproportionately being impacted I know that we've exceeded 330 deaths you know our positive cases now exceed 1500 and

there are some neighborhoods in the city that have a positivity rate of 20% that is one in five so it is a very very scary moment which only appears to be getting worse so we have the highest rate of positivity in the county we have a very vulnerable demographic by all accounts I know our demographic is vulnerable because we have many people with underlying chronic health conditions and we have you know a high Latino population that's being affected disproportionately throughout the state many of our workers are essential workers that find themselves out you know in the public having to work having

to keep commerce going and exposing themselves and then coming home and exposing their families that many live in overcrowded conditions and neighborhoods that are very densely populated so I know I've had this conversation in the past with our staff and the city manager and I was reminded today that it was brought to us as an 85 a item maybe a few months back by I believe by I believe Councilmember Peña Losa but I think it's time for us to reconsider the item which is to consider having an executive order by the city

manager to do a mandatory mask order here for us because you know the intent I think when we spoke to the item originally was to not to be punitive not to be onerous not to be harsh with any of members of our public but if anything to provide provide some sort of deterrent effect and allow for people to take this seriously because we still see many businesses we still see many areas of congregation where people are you know a group together very closely

they're spreading it amongst themselves and we cannot open our businesses nor can we send our kids to school if these conditions continue to to be present so for me it is a matter of life and death it is something that we have other communities in in the county that don't have rates as high as ours that have already done this including Costa Mesa Anaheim and Fullerton so I would just you know have the city manager maybe look at this consider where we stand and you know with with respect to the other 33 cities in the county and realize that

our rates are just very very excessive right now and we haven't even gotten as bad as we were going to be we all knew that there was going to be a surge in you know in in the winter and in the season but the holidays are really just making it much much more acute so to the extent that you consider that madam city manager you know under your authority that you've been vested with by this council I think that we need to look at that seriously I did have a good conversation with the mayor and I you know I kind of want to pivot to that but you know hopefully you know members of this council will take a look at that and

and consider it and maybe get back to you later we didn't have an opportunity to put it on as an 85 a item because the numbers really did start spiking post the post holiday so in any event I you know I I do want to you know kind of shift over to my conversations with the mayor and and share sort of what we spoke about which is our you know our mutual concern for handing the council over and transitioning and I want to thank him for making this transition as smooth as could be but obviously one of the things that we spoke about and I think the item

that that takes most of our attention is really dealing with this with the pandemic and the consequences to our city and the economic crisis that that will follow and that we're living through right now that being said I know that this is you know a pretty historic meeting at least you know in my books this is the last full meeting that you know the mayor will have chaired and and I want to thank him as well as the other council members for their service I know that we probably won't even be able to be physically together again as we are colleagues right now so I do want to thank them but I I want to take a moment

to thank their families because I know personally that this the the privilege that we have to serve the public and to meet the demands that we all have are given to us for our families we really do this at their expense and there are there are the ones who sacrifice there are the ones who put up with us during some very difficult moments and they have a lot of you know gratitude that we should bestow upon them so you know I want to thank the families of Mayor Pulido Councilmember Solorio and Mayor Pro Tem Villegas because I think that all of us understand that we are forever connected by Santa

Anna and I think all of us have you know do this because we love the city we love trying to improve the condition of people's lives and you know we should never let that you know get past us because I know that there are moments when we've disagreed passionately but I think one of the things that we can all agree on is that we do this because we have an incredible deep concern with making sure that we do good work on behalf of the residents in Santa Ana that have given us and granted us this ability so I just want to you know take this moment because I

I know the moments will be very fleeting in the next week or so, in the next few days or so, to just say thank you. And I think it's important that we all recognize that whether it's four years, whether it's eight years, whether it's 26 years, the service is very, very profound and very deep. And as a resident here, as a young man who came here as a recent arrival immigrant when I was a year old, I've known no other home but Santa Ana. And I've always thought that those who have held office, those who have run for office, that is a noble pursuit, and I will always think that.

And I want to thank staff for making our job easier as well. But I just wanted to say that because I know that, again, moments will become shorter and shorter to be able to just appreciate one another. And given where we are in the shadow of this pandemic, you know, life is very precious and life is very short. So with that, I will bid you all a thank you and bid you all a good night.

Thank you for those kind words, Council Member. And I should say Mayor Sarmiento, because in a few days that will be your title. And I'm very proud of you. And I really look forward not only to a smooth transition, but I'll speak more in a minute, you know, to continue to work together on behalf of the city. So let me go to Mayor Pro Tem Villegas, please.

Ms. Councilmember Solario.

Sorry, Councilmember Solario. Sorry about that. Thank you, Larry. A big big call.

Oh, no. Go ahead, please, Jose. Thank you, Mr. Mayor. Very kind words to that, Councilman Sarmiento. I think you're going to do a great job as mayor, and we all look forward to working with you. I know we'll continue to serve the city because we all love the city, and we talked about that, Mary Sarmiento. So, you know, I'll still be here and cheer you on all as you guys do good things, which I know that you all will try to do great things for the people of the city. And also the COVID thing obviously is priority number one,

and I want to thank staff for the excellent execution of this, you know, kind of neighborhood-based outreach that we're doing and COVID testing. And I think the community has been responding well to that, and the time with the census was, you know, fantastic. and so just keep pushing that out and you know getting that as many of those dollars as possible before you know the state of the feds want to stop let's misuse those dollars so good job on that and you know we'll continue to stay in

touch and good night everybody thank you for that mayor pro tem diegas please

thank you mr. mayor if you could give me a little bit of leeway I want to take

my time addressing the public take your time as much time as you like go ahead

thank you sir addressing the public on my last four years this is the last time I'll be able to make councilmember comments and you know to the residents of Santa Ana and to everyone who can hear my voice it has been an honor and a pleasure to serve you. And this seat belongs to the public and we don't own it. It belongs to the public so we only serve in it. So it was definitely a distinct honor to be here and serve you. My whole life has been about public service and from the time that I raised my hand to join the U.S. military

and served in the United States Army as a combat medic and then the time I raised my hand when I joined the Sheriff's Department 31 years ago and then my third time when I raised my hand and was sworn in to the council Santa Ana so it's been an honor and a pleasure to serve as your councilmember mayor pro tem in four years I have never missed a meeting I have never missed a council meeting I am also on the board of directors for OCFA I've only missed two meetings not that I wanted to but you know I've only missed two meetings down there and I take this position very

seriously I'm very loyal to the cause I believe in the work that's why I'm here it's like being a uniform at the sheriff or at fire we believe in the work and that I bring that with me to this position here and if I would like to thank a few members I know that our next meeting is gonna we're gonna be passing on the baton and I believe that a lot of the attention should be put on the new council members that are going to be joining. So I would like to take this moment to thank my commissioners. I'll start off with my planning commissioner, Cindy Contreras-Leo and then Christopher Leo who serves as my Measure X

committee member. Ophie Velarde-Garcia from the Parks and Recs. Tim Rush, historic commissioner. Jim Perez from Community Development Commissioner, Mike Gonzalez on the ETAC, Stephanie Najera from the Personnel Board, also a PIO for the City of Tustin, and Jessica Cha, Arts and Culture Commissioner, and my youth commissioners, past and present, Jose Acevedo, Marlene Butran, and Andres Medina. Also, Angie Conno was my former Community Housing Commissioner.

Also, I had the pleasure of working with Gerardo Moet, long-time employee here at the city, and Raul Godinez, former city manager, Maria Huizar, our clerk, Robert Cortez, our former deputy city manager. And then we have the current city manager's office staff. And Christine, I want to say, you know, I was glad and I'm very thankful that I was part of you coming here to this city, voting, fighting for you to be here. One of the greatest city managers that I know. Sonia Carvalho, who I also, I call Lady Justice.

And your great staff. And some of the great lawyers that work in your office that I had the pleasure of working with. John Funk, Nora Rossini, Tamara Magosian. I also like to thank our clerk, Daisy Gomez, for all of her hard work. And we also have Norma right there to you, sorry, Mitre, who I've known for a long time. And Stephen Mendoza also served as our assistant city manager. and Nabil Saba, Min Tai, Stephen Pham, Catherine Downs, Lisa Rudloff, Brian Sternberg,

Jack Shula, and I also see Chief Valentin here in the audience, Chief Henry. It is my distinct honor to be serving by your side.

Believe me, for me, the people in uniform, and it's a special place in my heart because I wear a uniform too. Got Sammy Soto in there, supervisor of OCFA, a dispatch, long-time 30-year employee, correct? 30-year employee serving the residents of Orange County. It is just an honor to be with you. And, you know, like I said, just to be here. When I first ran for office, I prayed, and I asked God, if you allow me one term, I'll be happy. And he granted me that wish. So who am I to complain? You know, this is great.

I think it's great. And a couple of other folks, also Yesenia Cruz, my executive assistant, my right hand, the one who kept me out of trouble, the one who helped me every day. And all of the great staff, Madam City Manager, all of your staff up there helping all of us, to make sure that we do our work. Rosa Flores, Daniel Soto, our PIO Paul Eakins, Daisy Perez, Nicole Houston, Angie Morris. I also want to recognize Scott Kuttner for 30 years, and he'll be retiring. And Ron Ohno, 51 years

at the city of Santa Ana. Wow. And he was there when they built that Japanese pagoda over there. And I used to, 31 years ago, I was protecting it. I started in this civic center when they started with the sheriffs. So there's a lot of highlights. Going to Washington, D.C., three times to advocate for funds for our EOC, our Emergency Operations Center. For my Family Justice Center, for our Family Justice Center, I should say. And for the, you know, meeting the COPS grants, you know, going down there and just advocating for more funds. going to the senator's office, Feinstein and Harris, our Congress members, you know, a few of

them actually visiting them. And, you know, I remember when I got here, I took two weeks off to be at City Hall and introduced myself to every city employee so I know who they were and thanked them for their service. And I had an open door policy, first one to institute that. So I'm very proud of that. And I've written letters for DACA. I've written letters to our president about the parents of DACA recipients and talked about immigration reform, asking them to lift the government shutdown. So many things. I mean, I could go on for a while and it's just,

you know, it's being in this seat, you can do a lot of good. Unfortunately, it's politics and And there's a lot of, you know, this and that going on. But it was a great ride. And I won't say goodbye. I'll say until we meet again. Thank you, everyone. Thank you to my colleagues. Thank you, Mr. Mayor.

Thank you, Mr. Mayor Pro Tem. I first want to begin with a question to Mayor-elect Sarmiento. I believe that right now the pandemic is unfortunately entering a new phase. I think what we've had to date has been a lot of pain and suffering. It's been absolutely awful. We're all tired of it. We want it to go away. But right now we have to batten down the hatches. Right now we're about to get hit by a tsunami.

I was on a call yesterday with Mark Galley, the state public health official, and he was asking us to do everything we actually can do. And I know it takes five votes to waive the Brown Act and to bring something on an emergency basis. But right now, I think we have an emergency basis. If we don't act quickly, you know, there'll be an installation on December 8th, and after that there'll be, you know, Christmas, and then by the time a new council gets going, it's going to be some time.

so um uh you know mayor-elect uh sarmiento if you're up for it and i'd like to invite my fellow council members i think we ought to consider right now an emergency uh resolution we need five votes in order to waive the brown act and then what i want to do is i want to bring back today right now that action to make mass mandatory in the city we have 15,000 people right now that are infected 330 that have died i'm telling you we need to do

absolutely everything we can the 28 million dollars that i was fortunate to work with the big city mayors and bring to the city that money's about to run out and we won't be able to do anything in a few days we'll have to even stop the testing and masks are about one of the few things that we have to protect us right now and when you look at san anna being the fourth densest city in the country uh you know we are a tumbleweed and look we've been doing a lot a lot to try to slow this pandemic down um you know staff has really taken this on you know from from you know

the city manager, you know, to Daisy, to Aubero and all of code enforcement and PD and everybody, we've saved already thousands of lives. But I'm telling you, things are about to get much worse. Unfortunately, you know, we're not an island. We're part of a much bigger situation. And the pandemic is alive and well. with the positivity rate that we have in parts of the city, you know, 20% can become 40%.

And 15,000 people infected can become 50,000 people infected. And 330 deaths can be over 1,000 deaths. And so I would like to, again, if you're so willing, you know, Mayor Elect, because I know we've been talking about this, I'd like for us to consider a resolution to waive the Brown Act in order to come back and be able to take action. Because I do think, unfortunately, this is an emergency. This is worse than it was two weeks ago or a month ago or two months ago.

Right now, if you could hear the fear in Secretary Galley's voice, he is scared by what's about to hit us. so I think this is not the time to be tired this is not the time to be uh fatigued by you know just this this constant pain that the pandemic is um and all the damage that it's already caused our community this is a time to get stronger uh it's a time to rise up and it's a time to say look we should have done it earlier and I know uh you know Councilman

Pena Loza brought it up. At the time, it was a different time. I myself am at fault because I said, okay, the state's already doing it. Why do we need to do it? Well, we need to do it just because we need to do absolutely everything we can. So I have more things to say, but first, can I get a motion to waive the Brown Act? Again, we need five votes to do this, and then I would come right back with the motion that Mayor Lech or Councilor Sarmiento was discussing and Councilor Becerra was discussing which

is to make masks mandatory here in the city. I really think that's the right thing to do. So is there any support for that? Can you get such a motion please?

Well Mr. Mayor this is a Councilmember Sarmiento. Thank you for those words and I think you know I hope it's possible that we can do this amongst our colleagues I see the city manager nodding her head but I think this would be a really good testament legacy moment for you to transition this to you know this incoming council as one of your last acts as mayor I really do think it speaks well of how involved you've been in this effort and how serious you've taken this matter and so I think it does speak well of your time as mayor here

knowing that you are going to be now sort of relieving yourself of this responsibility but nonetheless making a very strong act to make sure that you protect the residents that you've represented for so many years so I would

so that's a motion I'll accept it is there a second I'm in done thank you Madam Clerk, can we do a roll call vote please?

Yes. Councilmember Becerra? Yes. Councilmember Mendoza? Yes. Councilmember Peñalosa? Yes. Councilmember Sarmiento? Yes. Councilmember Solorio? Yes. Mayor Pro Tem Vegas? Yes. And Mayor Pulido?

Yes. Thank you for that, the council members and again especially counselor Sarmiento and I really want to say mayor Sarmiento because we've been talking so much about just how dangerous this is and how I know we're gonna keep working together to you know continue to protect the community so having said that madam city attorney what would the right language be to make the mask mandatory do we have you know a statement or something that might be in order that we can adopt right now please mayor

Sonia R. CarvalhoItem —

mayor and council members now that you've added the item as a new item under the Brown Act you could give direction to staff city manager still has her emergency powers under the executive authority you gave her in the emergency resolution so that's one method to do it and then we could come back in a future meeting and have a more formalized resolution or even an ordinance uncaught by ordinance if that's something that you would want to do but she can take

that action with direction from the council I would like to my colleagues allow me to make such a motion that we you know move to allow the city manager under her powers to make, you know, take an executive action and make a mask mandatory. And I would like to add to that motion that, you know, she do, and of course, all of you do everything you can. And let me just add one thought. The county right now has,

uh you know saliva testing but we need to make it really available to the people here in the city because um they rolled it out but it's very slow it's very difficult we need to figure out how is it really going to help our citizens and our constituents because i'm telling you you know nobody's going to save us. We have to save ourselves. And this cloud is getting dark very fast. And the county does have resources and we have to push them. So it's the mask,

but it's also saliva testing, anything else we can do. But the executive order immediately is is to bring the masks about so so with that um can i get a a second to that motion please i'll second mr mayor thank you thank you councilor becerra and um and think uh and well i'll say a few more thank yous here in the moment but thank all of you for everything that that you do because i know this is not an easy job especially when we have something like covet around us so we have a motion and second any other comments by council members please mr.

David PenalozaItem —

mayor this is a councilman pinialosa just a quick one yes please go ahead sir thank you sir I just want to emphasize that we got to make sure that we advertise this everywhere we can emergency signs that we have during construction the ones advertising the covert testing and and social media everywhere we possibly can so that the community knows that that you know that there will be consequences if you're if you're not out in public wearing a mask and that's basically it just want to make sure that that we stress that with

David PenalozaItem —

the community but again as thank you by the way and thank you for your work on

the senses I know you worked very hard and kept putting a message out and I believe you made a difference I know we didn't count everybody who you wanted to but I believe you made a difference and and here we have to do the same thing we we definitely have to push very hard to communicate to everybody other comments council members please see no other comments let's have a roll call vote if I may madam clerk roll call vote please councilmember Becerra yes councilmember

Mendoza yeah councilmember Pena Losa yes councilmember Sarmiento yes Council Member Solorio?

Yes.

Mayor Pro Tempegas?

Yes.

And Mayor Pulido?

Yes. Yes. Thank you for that. The other thing I want to say is that, look, you know, the pandemic kind of is ruining a lot of things for a lot of us. you know for me it's ruining you know probably a big exit party with a whole lot of friends for you know since 1988 when I came onto the city council and actually I'm wrong with that it was 86 and I began serving right there December of 86

on a 87 anyways it's been 34 years there's just way too many people to thank too many stories to tell I know that for those of you that are interested I'm going to be doing stuff with Cal State Fullerton in the oral history department there's also video that the staff has put together here and there's one at OCTA and I'm doing stuff with the big city mayors and the Orange County mayors and we're going to be doing a lot of stuff to commemorate things in the future but I just want you all to know how much I've enjoyed working with each and every single one of you and I want to

commend in particular Council Member Sarmiento because he talked about our families and this is such a toll on families not only your spouses and your friends but especially the children I mean all the criticism and all the nonsense that comes with the territory they have to deal with it all but ultimately you know we do this because we care we do it because we think we can make a difference we do it because we think we can you know make a better world and a better future so so i'll have more words to say on

december 8th but um again i want to thank you all in particular our our city staff you know christine Sonia, Daisy, you know, the chiefs of fire chief, you know, all the different public works people, you know, parks and recs, you know, libraries, you know, just so many, so many folks that I've had the privilege of working with over the years. So, you know, 34 years is a long time. When I first came, I never thought it'd be anywhere more than eight years. I was ready leave at eight years and dan young said you've got to be the next mayor and then every year has

been a different year the city has progressed a lot in those years and i know i'm leaving it in good hands so so with that um we're going to go ahead and adjourn the meeting tonight and then we'll reconvene again on on uh on december 8th so with that this meeting is adjourned thank you all