Read the November 17 meeting.

Mayor, the meeting is being recorded. Okay, why don't we begin by calling roll call vote. I mean roll call please. Council member Becerra. Here. Council member Mendoza. Council member Mendoza.

Can maybe somebody get it to her?

I see she's on the line. Okay, here. There you are.

Sorry about that. I was having trouble with muting and unmuting. I am present. Thank you.

Councilmember Peñalosa?

Here.

Councilmember Sarmiento?

Here.

Councilmember Solorio?

Here.

Mayor Pro Tempe Vegas?

Present.

Mayor Pulido?

I am here. can you make the announcement that the folks that maybe are on the line call in and then we'll do the pledge

yes thank you mayor if you haven't already done so you may take this time to zoom or call as instructed on santa-anna.org slash city hyphen meetings lines will be reopened for each public hearing item please do not call to only listen to the meeting to listen only you may go to youtube.com slash Santa Ana library or spectrum spectrum channel 3 or AT&T U verse channel 99 if callers are watching this meeting on TV or online please mute that device the speaker before making your comments in order to prevent audio feedback thank

you mayor thank you and with that if you could all please stand place your right hand over your heart and repeat after me I pledge allegiance to the flag or United States of America and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. Thank you, everybody. If you can remain standing, is Jack Abilene on the line, our police chaplain? Yes, he's on the line.

Mr. Chaplin, can you proceed?

Can you dial star six to unmute yourself?

Thank you. Let's pray, shall we? Father, thank you for this meeting that we're having this evening. And we do pray, Lord, with this very difficult time for our community, that you would be with our citizens, that you would be with our civic leaders, and that you would give to them and to us great wisdom as we seek to be well, to take care of one another, and to follow the rules together. So may you bless, Lord, this evening. I know there's lots of business to be done. May your wisdom be ours, we pray, in Jesus' name. Amen.

Thank you, Chant. Now you may all be seated. I would now like to call upon Mayor Potembe-Legas and also on Council Member Mendoza. And I know you're going to be talking about November 11th is Veterans Day, naming it officially here in the city. Can you both please, as you make your presentation, just tell us the service you served in, what period, what your rank was. Just give us a little bit of background, please, as you make your presentations. Please go ahead, Council Member Mayor Potem and Council Member Mendoza.

Thank you, Mr. Mayor. And I will have ladies go first. So if Council Member Mendoza can please state your name and rank and where you served and a little bit about your time in the military.

Definitely. Thank you, Mr. Mayor Potem. I was just 17 when I saw that big billboard on my way to work. I had already graduated from high school, and on my way to work, I see this huge billboard off of 17th and Main Street. I used to work at American State Insurance Company, East 17th, just past Cabrillo. and working at that insurance company i just didn't feel any progression or advancement and

that sign would always get my attention and it said army be all that you can be and i said you know i haven't done anything really to be all that i can be and i had graduated from high school with honors but that wasn't enough so I made a left turn at Main Street and right into the recruiters office and before you knew it my parents were signing down the dotted line and I had to force them because they did not

want me to go anywhere they wanted me here in Santa Ana but I was determined to serve my country and to to be all that I can be and so I joined the army and my first duty station was in Fort Jackson which is in South Carolina and it was an incredible experience I had never been away from home it was lonely it was hard it was physically challenging but I remember that motto be all that you can be and so I always finish what I start and I went

through that basic training with blisters and calluses but I was determined and so I passed it with flying colors and then I was in Fort Gordon Georgia for my advanced individual training and And my first duty, it's called MOS, was a telephone repairing installation. And it was called a 36 Charlie, which means that I was climbing telephone poles and fixing telephone cables and repairing phone lines. And this was the dial kind of telephones. There was no cell phones back there.

And so I did that. and then my first duty station was in Fort Pachuca Arizona where I also learned to do some administrative work because as I was processing in into my duty station my commander asked if I could type and I said of course I learned that in eighth grade and he said to his adjutant to change her duty station she's going to stay here at headquarters because we need somebody who's administrative and so I did administrative work for for a while also and after Fort Huachuca

Arizona I was transferred to to Korea Camp Colburn Korea where I it was the very first place where I saw snow and it was quite an experience beautiful and still serving my country and met so many friends from different cultures and thoroughly enjoyed it and then after Camp Colburn Korea I was assigned to Fort Hood Texas where I did the remainder of my my four years and I earned the grade of sergeant and

sergeant E5 and so I had a little platoon of my own and it was it was quite an experience in leadership building and being aware of our our beautiful country and having that civic pride instilled in me and i still have it to this day i serve my country and now i serve my public and that's why i continue to be a public servant because i have not yet finished being all that i can be because i know there's more and i will continue to do that

as your public servant here on city council thank you take a moment uh council member and just you know say thank you i think you really caught the spirit of what i was suggesting and uh

uh thank you for your service mayor pro tem please go ahead thank you mr mayor and um august 22nd was the day that 1985 when i joined the military united states army Actually, I've always known, on a personal note, I've always known that I was going to join the military ever since I was a little boy. It was something I've always looked up to, people in uniform and, you know, the missions and the camaraderie that I would see. Actually, you know, I came from a very humble beginning and we didn't have any money for me to join the Boy Scouts.

and when I got to junior high, the high school ROTC unit was visiting

and I asked if it cost any money to join. They said no and I said count me in because I know we didn't have much. I did three years as a JROTC cadet and I excelled and I'm very proud of that. I'm very supportive of all the junior ROTC units here in the San Antonio Unified School District and everywhere else. and I was even, I won a few awards, all city awards in ROTC in Los Angeles. So with that, there was no question I was going to join the military when I got out of high school. I joined the United States Army in August of 1985 as a combat medic.

My first tour of duty, I went to Fort Knox for basic training, and then I went to Fort Sam Houston, Texas, which is home of the Army Nurse Corps, where I got my medical training and then from there I went to Germany from 1986 to 1988. It was during the Cold War. It was East Germany, West Germany and that's the first place also my council member Mendoza was saying the first time I ever saw or felt snow was in Germany and boy I was in for an eye opener because it was something else. After two years there assigned to

a mechanized infantry unit I went to I was stationed at Fort Drum New York which happens to be home of the army cold weather training so I went from cold to colder and it wasn't fun I knew I was in trouble when they gave me snowshoes and skis when I got there I was going to learn how a combat scheme and so after that you know I completed my my tour of duty got in my honorable discharge and it was during that time I saw I noticed law enforcement and I decided that I wanted to take that route you join the law

enforcement agency when I got home I didn't know how I was gonna do it I just know that I was gonna do it that's it didn't have anybody to help me until I got here and then ran into some old buddies from high school but that was my experience in the military it helped me a great deal I've been in uniform since my first year in high school so it's to me it's just part of who I am I'm very proud to to say that I also see some members of our staff of the city of Santa Ana some staff members that are that are also former military and you can raise your hand and be great. There's one. Any of our officers in the back? Okay, we got two.

We got two vets here, military veterans. Thank you for your service, gentlemen. And I want to also recognize all of the Santa Ana police officers who are military veterans and the Orange County firefighters from the Fire Authority who are veterans. and also I'd like to mention that the United Mexican American Veterans Association, our very own Councilmember Nalita Mendoza, is the PIO and the first woman commandant for that association, the United Mexican American Veterans Association.

And we should be very proud of her and thank her for her service. I want to thank everyone. and I hope they had a wonderful veterans day and councilmember Mendoza would you

like to say a closing remarks yes I would like to go into this speaking point for the park prep excuse me for the proclamation that we are proudly presenting to the Santa Ana Police Department veterans and the United Mexican American Veterans Association which is the mama and I am the you're I am the first woman commander of this organization and currently the public relations officer. And I have also been the secretary and the sergeant at arms.

So it's an organization that's been around for about, I helped to organize it and it's a nonprofit. And we are still very active, provided that COVID allows us to be a little more active. one day I will invite all of you to come in and experience one of our scholarship dances. You'll be hooked and you'll be coming out to our American Legion for some of the activities. And I would also like to thank our police force. We have many veterans on our very own police department and, of course, the fire authority as well.

And so I would like to begin by saying that in 1954, President Dwight D. Eisenhower signed the first Veterans Day proclamation calling on our nation to pay appropriate homage to the veterans of all its wars who have contributed so much to the preservation of this nation.

We remember with somber and grateful hearts those men and women who have served the United States of America with distinction and valor as sailors, soldiers, airmen, and Marines and offer our support for those who continue to define the principles on which our nation was founded.

Across the city of Santa Ana, veterans who fought to protect our democracy around the globe are strengthening it here at home. Once leaders in the military, they are now pioneers of industry and pillars of their community. Their character reflects our enduring American spirit, and in their example, we find inspiration and strength.

We will never forget those heroes who made the ultimate sacrifice and all those who have not yet returned home. As a grateful city, let us show our appreciation by honoring all our veterans and working to ensure the promise of America is within the reach of all those who protected it.

Today, we recognize the veterans of our Santa Ana Police Department who are viewing online. Thank you for protecting both our nation and our community. We commend you for your service.

We also recognize the United American, excuse me, United Mexican American Veterans Association. The consideration you pay to Mexican American veterans is exceptional, and the city thanks you for all of your hard work. Thank you, ladies and gentlemen.

Thank you, all veterans.

Thank you both. It's an honor to have you serving with us, the rest of us on the city council that are honored to be in your presence and to learn more about you. I've known you all for some years, but I'd never really heard these, you know, description and this level of detail in it. It was wonderful. Thank you again for your service and onward and forward here. I now want to call on Council Member David. Peña Loza I believe he's gonna be recognizing Felix Rivera for his outstanding contributions to the community councilor Peña Loza please

David PenalozaItem —

thank you mr. mayor and thank you councilwoman Mendoza and mayor pro tem Villegas for your service to our country it is only fitting that I also would like to take the opportunity to recognize another veteran from the city of Santa Ana a proclamation recognizing Felix Rivera whereas Felix Rivera was born and raised in the city of Santa Ana attending Saddleback High School. Upon graduation Felix joined the Marine Corps where he served as a military police officer and was ultimately promoted to sergeant and whereas furthering his education Mr. Rivera obtained the bachelor's

David PenalozaItem —

degree in sociology from California State University Dominguez Hills. While in college Felix began work as a part-time tutor at his alma mater Saddleback High School where he realized his love for working with students and acting as a mentor to the youth of the city of Santa Ana. And whereas upon graduating from college, Felix joined the Santa Ana School Police Department to continue serving Santa Ana's youth. In this role, he continues his mentoring to police officers of the future, working through academics and athleticism as leading the Explorer program.

David PenalozaItem —

And whereas further engaging with his beloved community, Felix Rivera was appointed to the city of Santa Ana's Planning Commission on March of 2019. In this role, Felix focused on underutilized properties around the city and promoted creative solutions to increase their use and were asked to help spur development during the worldwide pandemic of 2020. Felix helped to update the debilitating housing opportunity ordinance and were invested in continuous and conscientious improvements within the city.

David PenalozaItem —

Felix also contributed to the delay of the passing of the general plan in order to address the environmental injustices that have affected our community for decades. Whereas Mr. Rivera has done his part to protect the city of Santa Ana's charm and quality of life through his service as a planning commissioner, and now therefore we, the mayor and the city council of the city of Santa Ana, do hereby recognize Felix Rivera and encourage all residents to recognize his contributions and follow his example of exemplary civic engagement and duty to our city.

and with that thank you mr. mayor hi thank you for that now councilor Becerra I believe are you gonna conduct the next swearing ceremony is there a video let me just turn things over to councilor Becerra please thank you mr.

Phil BacerraItem —

mayor there's a video that's gonna be queued up excuse me of the oath being administered to my appointee to the Measure X Committee, Nancy Lewis. Please raise your right

hand and repeat after me. I, please state your name for the record. I, Nancy Lewis, do solemnly

swear that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic foreign and domestic that I will that I will bear true faith and allegiance pairs pairs faith and allegiance to the Constitution of the United States and the Constitution of the State of California that I take this obligation freely without any mental reservation

or purpose of evasion that I will well and faithfully discharge the duties upon which I'm about to enter. Congratulations. Thank you.

congratulations to nancy lewis and the council member becerra for this appointment now madam city attorney do we have anything to report out of closed session please

Sonia R. CarvalhoItem —

please i'm sorry mayor i was answering a council member question we we did have closed session items this evening direction was given to council we have no reportable action thank you for that uh madam

Madam Clerk, would you like to now conduct the comments from people wishing to address City Council, please?

Yes, thank you, Mayor and Councilmembers. As a reminder, only please provide comments for any item on the agenda or non-agenda items, with the exception of public hearing items. For public hearing items, please hold your comment until the mayor opens the hearing item. before unmuting callers in the order received I want to report out that the summary of emails provided as of today at 4 28 p.m. was from 12 a and there was one Santa Ana resident or business owner who was in support and one in opposition Santa Ana resident business owner and then I do have also public hearing items

but I will announce that at the time when you open the public hearing caller with the numbers last three numbers 687 please dial star six to unmute your call and then you may proceed proceed to speak

caller with the last three numbers 687 please dial star six or the unmute icon on your phone and proceed to speak thank you you may proceed caller you've been successfully unmuted you may proceed to speak

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caller caller with the last three number six eight seven we could hear you please proceed to speak

yes ma'am this is our Quincy Humper with Helms to her that's I didn't speak on the project label

agreement I'm not sure if it's the correct time oh no thank you go ahead and proceed to hold and and then when the mayor opens the public hearing item, then you may proceed to speak at that time. Thank you.

Okay, thank you.

Caller with the last three numbers, 010, please dial star six to unmute your call or select the unmute icon.

Hello? Can you hear me?

Hi, yes.

All right, Victor Mendez from downtown LA. I'm commenting in a group of items, items 20B, 22B, 25E, and 25H. They cut across some common areas of deep concern. At issue is the financial oversight of the council and use of good stewardship of public funds to assist businesses and residents in this current COVID pandemic and our deep financial crisis here in Santa Ana. uh items 20b and 25h authorize both the fixed contract and any contingencies that may arise the issues that once a contingency is authorized in the contract the change orders which could

arise would fall out of the council's oversight what while i'm not suggesting the small or marginal change orders require council approval i would strongly suggest that the city's deficit requires requires that you have ongoing oversight of these limited financial resources with the contingency authorized as it has presented the city loses that control there's about 384,352 of contingency in 20 in item 20b although the amount in item 25e a 30 million dollar contract authorization at that point is not it's not transparent or clearly identified By that, I mean the contingency that they're requesting.

With respect to 22B and 25E, the city should look at these types of contracts as opportunities to employ local labor and use local businesses. A staff report makes no reference to either of these two economic aspirations. 22B was an ideal contract for the amount of $3 million per year to use our unemployed labor force. 25e would have been it could have been an excellent opportunity to use a local Ford dealership if some type of proactive outreach effort from staff had taken place instead we are giving our money to a percentage of business instead of one of our local Ford dealerships who are a driver of

tax revenue jobs to the city also the staff reported that they contacted 20 dealerships in Santa Ana which is really strange because the city is only about two Ford dealerships right here in the city. Maybe a few more, but perhaps I'd be close to 20. The city is bound by certainly by certain procurement rules and bid issuance, however, working with our local businesses on the contract pipeline as well within the rules and should be encouraged, especially as our businesses are struggling against the ongoing effort of COVID-19. Lastly, I'd recommend deferral of approval of item 25. Again, there's no transparency in the contingency.

The value to the ratepayers for the new meter system is not the evidence. The ROI for the system has not been quantified and most importantly the expenses of the city would reduce the water fund by 80 percent there just simply too many risks associated with a project that better information the project is needed and the new incoming council should be given that opportunity to vote on this important measure for the rate paying residents ironically it gives its backup a fiscal controls and taxpayer value the city will take it upon itself tonight to look at ways it's every provide to the Thank you very much.

Thank you. Caller with the last three numbers, 520, please dial star six to unmute your call. Or select the microphone unmute button on your phone.

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Caller with the last three numbers, 689, please dial star six or select the microphone icon. Thank you. You may proceed to speak.

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Caller with the last three numbers, 689. You have successfully unmuted your number, your call. You may proceed to speak.

Good evening. This question is for Mayor Polito, and I hope that you tell the truth tonight. We would like to know, and I think you owe it to the public and the other members of the council, to disclose what your relationship is with Jill Wallace, at least during the period between 2015 and October 15th of 2019. Are you willing to do that? Are you willing to tell everybody the relationship that you had with Ms. Wallace, what that was?

Well, for those of you that don't know, Mr. Polito was in a business relationship with Ms. Wallace. He was also in a personal relationship, which we understand that they were more than friends and were essentially boyfriend and girlfriend. They were also business partners, and Ms. Wallace had a business that she operated where she would utilize her leverage and her influence with Mayor Polito as a consultant for developers seeking approvals from the city. And Mayor Polito would utilize his influence.

Now, Mr. Polito, is that true or not true?

You're refusing to answer, right? As I suspected. Could you please explain to the public and the other members of the council why you would forward city business, drafts of your state of the city speech to the developer's consultant prior to your speech? What was the purpose of doing that?

Mr. Evans, this isn't an opportunity for a response. This is just for public comment on any items on the agenda or non-agenda items with the exception of public hearings. I disagree.

I can ask questions. and if Mayor Polito refuses to answer, he refuses to answer. He certainly can answer, and I'm allowed to ask questions. I would like you to explain why were you forwarding privileged communications from the city, city attorney's office that were sent to you, to Ms. Wallace, about the Russell Fisher project and the challenge to it? Do you care to explain your actions?

is it because there is no good answer to these questions

i would like you to explain are you current were you in business with miss wallace at the time that the russell fisher project came before the city council in october of 2019 or were you in a marijuana business in atalanta with her were you in a marijuana business in Santa Ana. 15 seconds left.

Can you please tell the public why the Bushawas have certified in court that you took ownership of the marijuana business in the name of your 90-year-old father to hide your ownership interest? Thank you for your comment. Your time is up.

Caller with the last three numbers, 252. Please dial star six. And you may proceed with your comment. You have three minutes.

Hello? Yes, hi.

Yes, if you would please.

Hi.

My name is Christopher Forden. I'm the Project Director of Santa Ana Streets. Good evening, Council Members, for your time. I wanted to I'm mayor as well apologies I wanted to talk about item 60 B the ordinance to prohibit repairs and sales of bicycles and bicycle parts on public property I wanted to voice my opposition to this item I know that City Council tonight is considering to make a misdemeanor in selling or repairing by

bikes on public property. I understand this is an attempt to curb bike theft, which we know working in our community, our organization actually works with folks who ride bikes, who walk. So we're very well aware of folks who are experiencing bike theft, and we know it is a huge problem. But I think this is just the wrong direction to go. We don't need more punitive measures that will most likely affect really our homeless residents we need more bike storage you know such as lockers and bike racks on public and private property we talked some of with some of

our members and you know a lot of uh their bikes couldn't even fit in their in their home so they had to have it outside and it was always at risk of also being stolen you know we also need um bike bike lock education um we do this actually in our classes we teach bike um education to residents we talk to them about that but we you know we're still only a limited organization and definitely more resources could go to that kind of education you know we we need to also acknowledge that we need to support our houseless folks and not criminalize them them further um you know we

need to explore other possible solutions and really this is just further criminalization criminalizing something that we don't need to do. And just that. And thank you for your time. I hope you consider voting against this ordinance. And really, we don't need this in the city. So, thank you.

Thank you. Caller with the last three numbers, 477. Please dial star six to unmute your call or select. Thank you. You may proceed to speak.

Yeah, this is Dale Helwig, 30-year resident of Santa Ana. I just want to say thank you to Mr. Villegas and Ms. Mendoza for the Veterans Day acknowledgement. I, too, am a veteran of the Navy. I was in for six years, spent four and a half years on a fast attack submarine. So go Navy, eat Army. Item 25, Echo. So West Coast Arborist is being awarded a contract. And I hope you guys discuss this a little bit because I'd like to understand why,

if they're able to do the repairs for $691,000 in 2019, why they're asking for an over $2 million contract for the next six years potentially, which is like a 292% increase in funds. so hopefully you guys discuss that 25 hotel i'd like to know why we're paying full price for service agreements to this aqua group when we're not even going to have the system up and running for approximately 30 months i know it's being phased in but i don't think we should be paying

full price for services that we're not getting until it's fully installed the last item is item 85 alpha the desire or the you know the desire to discuss whether we should go to a full-time city attorney or maintain the contract city attorney position i think at this point in time with the new city council coming in to have this type of discussion is a little premature it's also going to add an added cost to the city as we all know anytime we bring in a full-time

employee there's benefits that are incurred as a part of that and I just think we need this stability right now in in the fact that with the COVID the large changeover in the City Council I think we can use someone that has expertise in the city issues and provide that stability going forward thank you very much you guys have a good night

Thank you. Caller with the last three numbers, 654, please dial star six or select the microphone icon on your phone.

Caller with the last three numbers, 654. Thank you. You've successfully unmuted yourself. If you can please state your name for the record and proceed to speak.

Hello.

My name is Paul Nagel. I'm project director for the Bicycle Tree in Santa Ana. We're a nonprofit community bicycle center.

And thank you to all the council members.

I'm speaking as myself and not on behalf of the organization. um i did want to share that um at the shop um uh similar to what uh chris from sas uh mentioned is you know we we hear about bike theft all the time uh we know it is a huge problem that um greatly affects a lot of residents um you know a lot of people depend on their bikes and uh and it can throw a huge wrench in things when their bikes are stolen. And so we definitely want to see good solutions to it.

The item being considered today, though I believe to be the wrong approach, the criminalization of the act of doing repairs on the street or possibly selling them is a punitive approach. It's a criminalization of behavior, which people might be doing for other reasons that don't involve bike theft. I think it's kind of a sloppy approach to addressing the issue. And I'm not so sure that the goal is really to reduce theft.

it seems like just you know one more item to target homeless individuals who are the most likely to be engaging in doing repairs on the street or sell sales I would hope that you know we could take a longer look at at how to address like that I'm considering why why people are stealing bikes I think the issues to target are you know substance abuse rehabilitation you know wanting

that every city in the county to be doing their part to address how housing issues and take a you know a broader look at the the roots of poverty and desperation that contributes to people getting into stealing bikes and and not just take this method which will you know really just have some people have issues and really addressing the major issues of like best in our city

Thank you.

Zoom ID with the last name Jones.

Please unmute your Zoom device.

I am not going to speak. I am waiting to interpret for some people that is going to speak in Spanish.

Okay. I will have someone walk down and interpret. Thank you.

What?

Lo que estaba esperando es que hay otras dos personas, tres personas que quieren hablar. Ellas van a hablar en español y yo les iba a interpretar, pero si usted puede proveer un intérprete sería mejor. Sí, aquí tenemos.

Tenemos un intérprete, no se preocupe, tenemos un intérprete.

Ok, perfecto, gracias.

Caller with the last three numbers 068.

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To unmute your call.

Yes, hello?

Yes, hi. Please state your name for the record and you may proceed to speak.

Thank you. My name is Carla Juarez. I'm a San Ana resident. I'm calling to make a public comment. One is the concern in regards to the ward map that the Cedar San Ana website has. The 2020 ward map is very confusing. There are two sites on the San Ana website. One is the city council ward map and the other is the one that I just mentioned the 2020 ward map and they are not the same. On one side you're able to put in your address so you can see which word you belong now and there has been a

change. So I'm not sure which one is the updated which one is correct. So I think definitely before you guys um assign members of the community to committees um definitely people should be involved and promote civic engagement so they should know and well aware of what ward they belong and um that website should be updated my second concern that i have is the relationship of the city council with Mike Cara. I see a lot of, just a lot of land going to a single

developer, which that should, to any person should raise a red flag. There shouldn't be just a one person or a one developer or one side of anything. There should be a well balanced and so much property going to my CARA, I think should be of concern to others and also the City Council. And those are both my comments for now. Thank you.

Thank you, caller. Did you want to speak on also 75A at that time? If you want to hold your public hearing, when the mayor opens up the public hearing item, then you may speak at that time. Did you want to proceed to put you on hold for that reason?

Yes, yes, I'm sorry. Yes. Yeah, that comment was meant for 75A. I did also want to mention the environmental justice, that there had been a couple meetings in the general update, the general plan update that has not been available to the public, which I would also like to request a copy of the meeting notes or a copy of the recording. there's the general plan of the anti-displacement round table that happened on October the 13th and also the general leaf contamination round table that happened on October the 9th which then neither one of these have a

recording of the event or the recording of the audio or any any meeting notes and especially being a person that lives in the community and it's being affected I think it should be available to the public that is living with life contamination and air contamination. Fifteen seconds left. Okay, thank you. Thank you.

Caller with the last three numbers, 047, please dial star six or select your microphone unmute button.

yes hi this is diane fredkin 28 year resident of santa anna and i just had a few comments on item 75a although i am in favor of redevelopment in the city of santa anna i think i just pardon

me for interrupting but for public hearing items please hold your comment until the mayor opens that hearing item. We'll go ahead and place you back on the holding queue for item 75A. Thank you. No problem. Thank you.

Okay. Zoom ID identified as Katerina Birch. If you would please select your unmute button on your device. You may proceed with your comment. I wanted to comment on

item 75A but I can wait until the public hearing to do so. Thank you so much. Thank you. Thank you.

Okay, Joaquin Avalos, you have successfully unmuted your device. Please go ahead and speak on any item on the agenda or non-agenda items.

Zoom ID, Joaquin Avalos, you have been unmuted.

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Zoom ID Jordan Sisson. Please unmute your device and you may proceed to speak.

Good morning, honorable council members. I'm here to speak on item 75 alpha, and I reserve my comment time during the public hearing.

Thank you. We'll put you back on the holding queue. Thank you.

Zoom ID Carla Juarez.

Please select the unmute on your device.

Thank you. I already spoke to the call.

Thank you.

Zoom ID Lorena, if you would please select the unmute feature on your device and you may proceed to speak.

My name is Lorena Palacios

Ok, can you speak?

My name is Lorena Palacios and I've lived in Santa Ana for 17 years I work in Hilton of Irvine as a recamare I don't need to give millions in subsidies I'm not going to la sección de nuestros terrenos públicos en tercera y brodway este proyecto podría ser muy diferente podría alquilarse para obtener ingresos a lo largo de la señora si puedes aguantar para

el tiempo cuando el abrimos ese hay el ese porque ahorita no estamos hablando de esa item de ese tema. Si puede aguantar hasta que abren ese tema.

Podría ser muy diferente. Podría alquilarse para obtener ingresos a largo plazo o usarse para algo que realmente beneficie a los residentes. Por favor, vote no

Caller with the last three numbers 365 please dial star six to unmute your device

Caller with the last three numbers, 365, please dial star six to unmute your device or select the microphone icon on your phone.

I'm here to speak on item 75A, so I'll wait.

Thank you.

Zoom ID Tobin White. If you would please unmute your call.

You can select the microphone icon on your device.

As a reminder, please provide only comments for any item on the agenda or non-agenda items, with the exception of public hearing items. For public hearing items, please hold your comment until the mayor opens the hearing.

okay mayor it looks like that's all the colors we have everyone else is listed for item 75a Thank you.

Thank you.

more public comments waiting for any of the other non-agenda or agenda items with the exception of public hearing so we are now on consent calendar items okay we're on consent calendars and we're

to correct there for the record we're we're done with the public comments correct is that right

that's correct with the exception of public hearing items all right thank you very much

is there any items that the council members would like to pull please let the clerk know

Phil BacerraItem —

Mayor Pro Temp? Yes, sir. I'd like to go ahead and pull items 28, 20D, 22B, and 55A.

Alright, thank you very much. Madam Clerk, you got that? Yes. Is there any other council members?

David PenalozaItem —

Yes, Mr. Mayor Pro Temp, I'd like to pull item 25B, as in boy. 25B,

as in boy. Anything else, Council Member Peñalosa?

David PenalozaItem —

No, that's it.

Is there any other council members? Council Member Mr. Sarmiento?

Yes, thank you, Mr. Mayor Pro Tem. If you could pull 12A, and I'll be an abstention on 25C subsection 8. That property, there's several properties listed on the historic preservation list. That property is close to a property that our family holds. So I will abstain on that one with the exception of that single property. everything else I'm free to vote on.

Okay, very good. Noted by the clerk. Council Member Solorio. Council Member Mendoza.

I'm back, Mayor Pro Tem. I'm sorry that I got disconnected. But I'm back. Go ahead, Council Member.

I will make a motion to approve the balance.

I'm sorry. Can you also include Mayor Pro Tem,

clerk 55C as well?

So I have a motion to approve the balance. Mr. Merritt, it's all yours.

Is there a second to approve the balance?

Second, Sarmiento. Roll call vote on the balance, please.

Council Member Becerra? Yes. Council Member Mendoza?

Aye. Council Member Peñalosa? Yes.

Yes.

Council Member Sarmiento?

Yes.

Council Member Soloria?

Yes.

Mayor Potem-Viegas? Yes. Mayor Pulido?

Yes.

Motion carries.

What items were pulled and in what order, Madam Clerk?

Council Member Becerra pulled 20A.

Okay, let's go to that. Council Member Becerra, please.

Phil BacerraItem —

Thank you, Mr. Mayor. So 20A is the item for approving and appropriation in regards to amending an agreement with Magellan Advisors regarding the citywide wireless network that we're hoping to have here in the city. So the current contract, as I understand it now, is $225,000, and the appropriation would add $36,685 for the total of $261,685. I'll wait for Nabil Saba to join us at the podium.

Phil BacerraItem —

So my first question is that that appropriation of the 36,685, that would make the total contract with Magellan 261,000? Correct? Okay. Yes. So this, in the staff report, it talks about Magellan helping us assess whether, well, how to incorporate or implement a citywide and fiber optic service for our residents for internet and online services. so would Magellan's contract also cover preparing the RFP?

That's what we're adding right now. Magellan was tasked to perform a feasibility study for a fiber infrastructure for the city and give us a high-level cost estimate for fiber infrastructure for the city of Santana. Following that study and assessment, we wanted to ask Magellan to prepare an RFP to go out and see what the industry is looking like and how we can join forces with private industry so we can build that fiber infrastructure.

So this is an RFP to see what's out there in terms of infrastructure and partnership with private industry.

Phil BacerraItem —

Okay, and I love what I'm hearing and I read that as well in the staff report. I guess I just want to make sure I understand clearly though. So these folks, Magellan, they're going out. Are they doing more of a survey of the industry or are they actually putting out an RFP? As in we, the city, are accepting proposals based on Magellan's work out there.

Not quite. We are asking Magellan to help us prepare the RFP.

Phil BacerraItem —

Okay. and that's based on their survey work as they go out to the industry to see what's that's correct okay so the city I just want to make sure so the city is still preparing the RFP they're aiding us with their work exactly okay because I just you know the thing you know I've had lots of conversations recently with our school principals and a lot of parents who are just very concerned about what we have in the city you know at one point in time we are we would all talk about the digital gap and you know the digital divide and how we could one day wouldn't it be great if we

Phil BacerraItem —

bridge that gap but today especially under covid it's just more obvious and more apparent that we need to it's not just a lofty goal anymore it's something that's more of an essential it's a necessity and so i i want to thank you Nabil for working on this and trying to move this forward because i know some of my colleagues and myself we've all expressed to you and and staff that this is a priority for us so from a timeline perspective when do you anticipate Magellan to be able to come back with their let's call it their survey of the

industry within 60 days we we we think that the RFP will be ready to be sent

Phil BacerraItem —

out okay so so we were hoping for Magellan once we appropriate this kick them off they'll come back to staff within 60 days and you guys will have an idea of what to gear the RFP around. Yes. Okay, perfect. Well, I appreciate that. Sure. Mr. Mayor, those are my questions. I'd be happy to go ahead and move the item.

I'll second. All right, we have a motion and a second by Council Member Becerra. Please, any other comments? If not, roll call vote. Council Member Becerra? Yes. Council Member Mendoza?

Yes. Council Member Peñalosa? Yes. Councilmember Sarmiento?

Yes.

Councilmember Soloria? Yes. Mayor Pro Tempe-Viegas?

Yes.

Mayor Pulido?

Yes.

Motion carries 7-0.

Next item that was pulled, Madam Clerk.

20-D, pulled by Councilmember Becerra.

Okay. Please go ahead, Councilmember.

Phil BacerraItem —

Thank you, Mr. Mayor. I was trying to get as many items in early so I can give the rest to my colleagues. So item 20D, this is in regards to the appropriation adjustment in regards to an MOU that we need with OCTA and some surrounding cities regarding the master plan of arterial highways. So from my understanding on this item, so we need to complete this MOU as part of complying with OCTA in regards to the MPAH, correct?

That's correct, sir. So we need to make amendments to classifications of certain streets to be in compliance with OCTA's master plan

Phil BacerraItem —

Okay, I mean, you know from a regional perspective the MPAH is great because it forces us to work with our Surrounding neighbors and try to have some sort of consistency and compliance with you know road designations speed limits, etc One thing though that I think the MPH is kind of a hindrance to Santa Ana is the fact that you know orange in Orange County we are the urban core and so you've got these cities that have a more suburban mentality and mindset and as they are completely happy you know zooming through their town at 45 miles per hour we you know have gone a different direction we're you know really a more

Phil BacerraItem —

walkable urban center and we have narrower streets I think we've seen through a lot of the investment through our you know our grants that we've received for road diets and our roundabouts that we're not trying to you know speed up traffic through town in fact I think we'd like to have people kind of see some of the charm that we have here in Santa Ana but one of the issues and I understand the MPH as much as I want to wax poetic about some of the concerns I have I know that the reality is there are some purse strings attached to it and that complying with the MPH allows us to continue to receive

Phil BacerraItem —

and two funds from OCTA but one concern I had and I wanted to ask this so one of the things that Santa Ana does have in addition to having this urban setting is we also have a great investment of transit service here in Orange or here in Santa Ana and with that when I was reading through the staff report and I got to exhibit one that talked about the parameters of the MOU one thing that alarmed me was in the impact section it stated quote reclassifications and removal of transit lanes may result in impacts to OCTA's high quality transit service of 15-minute headways in the city of Santa Ana and then it went on to

Phil BacerraItem —

say reclassifications proposed on McFadden for OCTA Route 66 and First Street where OCTA Route 64 is would impact spans across the city so I guess what I'm concerned with is is this MOU and the corresponding transit study that this appropriation is going to go towards are we basically designing impacts to our transit service sir let me ask the Public Works Director to come

up to answer that question but basically what the MOU does require us to do is based upon development we are required to do a study to determine what the impacts are as to what that would further require us to do I will

certainly defer to the Public Works Director. Yes, as a requirement of the adoption of the master plan of highway arterial highways, the OCTA board and staff had some concerns about their high quality transit through the two streets McFadden and First Street and they made it a condition where we need to study the effects of our reclassification of those streets on transit. So we are committing $250,000 to OCTA to jointly perform a study where we will be making

modification to these streets that will not impact the high quality transit system that they have through those two streets. So if I understood what you

Phil BacerraItem —

said correctly, what you're saying is you want to study these to make sure that we're not impacting the transit service that we're providing along those two routes absolutely okay so we're not seeing a diminishment of those routes

we're gonna make sure that they're not affected by our reclassification of the streets and that's a concern that OCTA had and so we understand and we will do the study and we'll implement the the study recommendations to continue to provide that high level of transit through those two streets I also want to

Phil BacerraItem —

in addition to OCTA express my concern about impacting transit here in in Santa Ana there's a lot of folks here that you know pre-covid were using it because it was a choice but we also have a significant amount of our population that uses it as an asset and a resource so anything that we can do to not deliberately hurt our transit service I would appreciate so I I'm appreciative that you explained that to me and on the same thing I would go ahead and make a motion to move

this item forward thank you for that I'll go ahead and second that motion I'd like to make a comment then we'll take more comment if no more comment we'll vote this was discussed at some length that you know regional highway and planning committee also on the board level it was discussed and all the early indications are that there is no grad you know degradation of service but we committed we have city committed to ock to do additional work just to confirm that that's the

case but it's a fair concern councilor becerra and it's one that uh that's been aired out and it's going to be studied further but at this point we think that uh it's the right thing to do is to move forward so i'm happy to second your motion thank you any other thoughts or comments no you're welcome and thank you for the question. Any other thoughts or comments, council members? Roll call vote. If no other comment, Madam Clerk? Council member Becerra?

Yes. Council member Mendoza? Yes. Council member Peñalosa? Yes. Council member Sarmiento? Yes. Council member Soloria? Yes. Mayor Potem-Viegas? Yes. Mayor Pulido? Yes. motion carries 7-0 next item madam clerk 22b pulled by councilmember Becerra

Phil BacerraItem —

please go ahead councilmember I told you mayor I promised to get him out early so

item 20 you're good you're good keep going you're doing well keep going

Phil BacerraItem —

thank you mr. mayor so item 22b you know this is a common theme for some of us up here on the dice which is we'd like to see city funds go towards city businesses to procure, whether it's services, whether it's, in this case, heavy-duty trucks. So I guess what I, and I understand a lot of times when we talk about these items, a lot of times there are just, we don't receive bids from local vendors, and I understand that. But we do have a good economic development department. We have some able-buy staff, and sometimes maybe they just need some fresh air. Is there maybe a push that we can get folks literally just to knock on some doors

Phil BacerraItem —

and ask some of these local city businesses I mean you know especially the fact that we have a wonderful auto mall there's got to be one or two dealers that we might be able to entice with trying to do business with us I it just pains me that we're not even doing business sometimes in Orange County and my preference all day every day is going to be to do business with folks here in Santa Ana but is there any way that we can expand efforts to really just go out there and find out why we're not getting any nibbles on the proposals that we're submitting

out there the request for proposals excuse me certainly council member I know this concern has been brought up before in regards to we notify the vendors yet oftentimes we don't receive any bid from those vendors that are located in Santa Ana even though there is a preference given to those that are located in our city I would suggest that through our economic development department outside from an active bid being on the street. We work with them to help provide maybe some training on how to respond to a bid, talk to them about the advantages of doing business with the city,

and maybe seek to find out what is their apprehension to doing so through our economic development efforts. That's something we could easily put together.

Phil BacerraItem —

Well, I would ask that if staff could do that. I appreciate that offer. I think our economic development team is definitely up to the task for it. But what I would ask is maybe offline and email to the council if there are any findings from those visits as to any actions that this council needs to take in order to facilitate a more friendly environment for these businesses to do business with the city. I would appreciate that, and I hope my colleagues would support any suggestions that we receive that we can act on to help these folks do more business with us. Certainly. So with that, I'll go ahead and move the item.

David PenalozaItem —

also also I'll second that mr. mayor and I support my colleagues comments on

regards to that I think I think we all do and thank you for the second that council member Fainal Lowe's and I think it's a very valid valid comment mr.

mayor mr. mayor this is councilorio very briefly go ahead in addition to what's been said and you know prior efforts in the past I know some entities like the county they'll do a monthly or quarterly workshop on how to do business with the county in this case it would be with the city maybe we might want to think about doing that you know monthly or quarterly and they could be done by zoom which in some ways create some efficiencies and maybe more opportunities for our business members in our community and others to to to learn that way so that that might be a thought as well for the future thank you thank

you thank you any other comments council members roll call vote please madam

clerk councilmember Becerra yes councilmember Mendoza yeah councilmember Pena Lossa yes councilmember Sarmiento yes councilmember Soloria yes mayor Mayor Pro Tempegas? Yes. Mayor Pulido?

Yes.

Motion carries 7-0.

Next item.

25B, pulled by Council Member Peñalosa.

Please go ahead, Council Member.

David PenalozaItem —

Thank you, Mr. Mayor. 25B is to approve a second amendment to extend the term and increase the outdoor dining space for the license agreement with East End Realty Partnership, LP and Worst House Inc., allowing temporary outdoor dining activities to occur within Plaza Calle 4 from December 1st, 2020 through November 30th, 2021.

David PenalozaItem —

I pulled it not necessarily because I have questions in regards to this item, so I'll just move it now. but it's related to this, and I just wanted to implore staff that moving forward, as we look at the governor's orders and how we're moving back to Purple Tear, I know that these outdoor dining activities aren't going to be temporary. We're in it for the long term. I mean, I'm imagining it going through at least another six months to a year where we're very restricted in how businesses can operate.

David PenalozaItem —

So I would implore our economic development department and our downtown businesses to try to, I guess, have a uniformed outdoor seating arrangement. I drive through downtown and every other restaurant has different kinds of tents out there and chairs and tables and it just looks very tacky. At first I was turning a blind eye to it thinking and hoping that it would be temporary and we would move back indoors quickly. but now as it looks that we're going to be going into this for the long haul,

David PenalozaItem —

I would appreciate if we help these businesses to make sure that it all looks the same, even, help them in any way we can moving forward so that it looks decent. I mean, I've driven through Downtown Orange. The entire outdoor seating area for every restaurant looks the same. It looks, it's pleasant, you know, to be out there and downtown LA and other restaurants, not so much downtown LA, but downtown San Diego, I'm sorry. And nothing compared to what we've seen here in downtown Santa Ana.

David PenalozaItem —

So that is basically it. So whoever can make sure that there's some kind of standard that we have. obviously we're also helping the businesses so so it'd be nice if they would to abide to that standard so with that said I'll move the item 25 B I'll

Phil BacerraItem —

go ahead thank you any problem is there a second mayor I'll second with comment I want to thank councilman go ahead thank you mr. mayor I wanted to thank councilman Pelosi for his comments I think you know as we were talking about the citywide internet service earlier it's kind of the same thing where you know one point you know in planning circles you would hear talk about parklets and let's take back the street from the car and let's do outdoor dining it sound like a kitsch nice neat pretty thing to do and now we see it as an essential service so I would implore staff to kind of think down the road I'm

Phil BacerraItem —

not asking for action tonight but just to think about what those standards will look like because I think hopefully in addition to what councilman Pelosi said about trying to create some uniformality among these outdoor dining arrangements but also I'll be so bold to say maybe even street closures on a permanent level because I think there are some streets in downtown we're seeing right now third street between Broadway and Sycamore is one where I mean unless somebody tells me Nabil has there been a huge bit of gridlock because of that loss of the street if not i think we'll be okay so maybe we uh start to explore maybe there's

Phil BacerraItem —

other places you know the second street promenade has always been seen as a success but why stop there so that that's my comments mr mayor again i second the motion all right uh let me throw a

couple comments in and and then we'll continue with comment and if no more comment then we'll vote um i just wanted to maybe uh give us the concept of what other cities are doing for example in huntington beach in the downtown they have like these uh heaters that they've uh put out there and they their natural gas i think they have a flame i'm pretty sure the city had something to do with it because they're uniform and they're up and down like fib street and main street and and as they close down some of those areas for restaurants and all it just gives it a feeling of uniformity and

and and order um also in downtown uh laguna uh right uh off of uh ocean and pch um they brought in a series of lights so and the lights are uniform so so when you're out there it uh i think it addresses part of what the excellent point Councilman Panelaos is making. So maybe the city manager and others, I know these are some of the last meetings I'll be at my council with, but I think there's some good examples of cities here in Orange County. So with that, any other comment? If not, I'll call for the vote.

Seeing no one, a roll call vote, please, Madam Clerk.

councilmember Becerra yes councilmember Mendoza yeah councilmember Pina Lossa yes councilmember Sarmiento yes councilmember Soloria yes mayor pro tem Vegas yes mayor Pulido yes motion carries 7-0 next item 55 C pulled by Council Member Sarmiento.

Thank you. Please go ahead, Council Member. I think there was another item that was pulled.

I believe 55A was also pulled, Madam Speaker. Yes. Thank you. Item 55A.

Go ahead, please.

I'm not sure who pulled that one. and I didn't, but I pulled 55A and 12. And let me also just say I pulled 12A as well, and we skipped over that, but I saw that it was going to be.

Why don't we go back to 12A? Would you like to do that? No, not necessarily.

What I was going to say, Mr. Mayor, is that I saw on the back page is that we're simply just adopting a resolution for the public hearing to occur on the 15th of December, so that's fine. So I'll go ahead and withdraw my request on that, and I'll go ahead and cede the floor for 55A.

are you good I I don't have on my notes 55 a so if a councilmember pulled it I did okay okay okay thank you go ahead go to member well so so this is the

Phil BacerraItem —

resolution rescinding a council resolution that was adopted prior to my tenure regarding a car wash on Tustin Avenue now this item was placed on the consent portion of our agenda which had not been pulled we would be approving it and I just have a couple of questions before we you know take action on that so I would like to ask our our city attorney so first of all with these entitlements just to make sure I understand is the applicant required to build what was approved which is the car wash just because the council adopted

Phil BacerraItem —

the items so that the applicant is not required to immediately go out there and

Sonia R. CarvalhoItem —

start building this car wash correct so there's there's the permit but then

Phil BacerraItem —

there's the action there are the time that the city allows for the applicant to take action but there's nothing that locks the applicant into taking that action

I can't hear can everybody else here there are certain time frames in which

Sonia R. CarvalhoItem —

an applicant's entitlements will will remain in effect they can expire but you city cannot force a developer to build simply because they were approved their

Phil BacerraItem —

project was approved okay thank you for that because you know one of the terms of the council's approval the project in addition to just simply giving them permission the applicant by accepting the approvals has agreed to indemnify the city so in other words they're going to assume the risk and liability of the approval that the council gave to the applicant so is the requirement that an applicant indemnify the city a pretty standard requirement in discretionary approvals such as CEP is like the one that the council granted for this

Sonia R. CarvalhoItem —

applicant and may I just for the record maybe perhaps ask your building and planning director to be able to answer that because he does prepare those entitlements maybe with the city manager's approval he can speak to that

issue mr. Tsai certainly our director of planning mint I thank you just so I

understand your question I believe you are asking if the indemnification is a standard requirements that the city plays upon when we are looking at considering approving discretionary projects like a cup that is a standard condition that we implement i know at least since i've been here on projects that are entitlements and therefore the project applicant is required to identify the city against legal litigation on that decision okay okay and

Phil BacerraItem —

I have a couple of other questions in regards to when it comes to the liability but I you know I think all of us up on the dais received an email late this afternoon I mean very late as in very close to the beginning of this meeting and I'd ask our city attorney to confirm at this point what what it is

Sonia R. CarvalhoItem —

that we received and so shortly before our meeting started this evening and I did forward to each of you a copy of a settlement proposal the proposal is from the petitioners who are challenging these approvals and they specifically asked that I share that settlement proposal with each of you so you should have it in your email and hopefully you were able to review that before the

Phil BacerraItem —

meeting thank you madam city attorney so I pulled this item because of the fact that we are we're the the approvals are facing legal challenges and the fact that we as a city are protected with the indemnity clause provided in the approval and it's a standard item that's included in any other CUP and I just have a very hard time wanting to relinquish that given the current state of this and what furthers my I guess resolve in regards to not being in favor

Phil BacerraItem —

of rescinding these entitlements is the fact that we have received this last-minute email, and there are still some up-in-the-air concerns regarding the litigation that is attached to these approvals. So I pulled this item to say that, at the very least, I would not be supportive of rescinding the entitlements at this time. And my position has been, and at this point continues to be that you know the longer we've waited on these the more things have shaken out and as we've seen literally today right before we began our our deliberations this evening that there continues to be more developments in

Phil BacerraItem —

regards to the litigation and so at this point in time I don't feel comfortable in what we're charged to do to defend the public purse to relinquish that

Phil BacerraItem —

indemnity protection. So with that, I will not be supporting rescinding the entitlements, and I would even be open to possibly continuing the item yet again, but at the very least, I would not support rescinding at this time.

Mr. Mayor, I'd like to...

I personally want to recognize any other speakers. Was that Council Member Sarmiento? Or what was that? I would like to make a... Mayor Prochem?

Mayor Prochem-Viegas, I would like to make a motion to approve rescinding this item make a motion to approve the staff recommendation

David PenalozaItem —

mr mayor this is uh this is council member penalosa um i was gonna second council member becerra's motion to continue the item um i also will not be uh supportive of this item tonight i cannot because the the reason it's so problematic is because you know the the developers and the consultants involved now all want to just walk away and leave the city possibly having to pay a half a million dollar bill. The city and its residents should not have to take any risks in this case and they certainly should not have to pay half a million dollars to the

David PenalozaItem —

lawyers suing the city. If the city has to pay, the developer should pay because that is what he agreed to when he got his approvals. The lawyers want to recover their attorney's fees, which at this point they say are $500,000. By rescinding the approvals, two things will happen. One, Russell Fisher will no longer be on the hook to pay the city's fees, and just because the city rescinds the 2019 approvals does not mean the lawsuit automatically goes away. The city will still have to continue to defend the case with its own lawyers and pay all the costs. And if the

David PenalozaItem —

judge in this case eventually orders a payment of any attorney's fees, the city will have to pay that too, not Russell Fisher. I cannot support rescinding the 2019 approvals and letting Russell Fisher off the hook because how is that good for the city? That is completely irresponsible. We are charged to take care of the public purse and for anyone on this dais to sit here and approve rescinding the approvals knowing that the taxpayers of Santa Ana during a global pandemic are going to be left with a half a million dollar bill is completely irresponsible and foolish for any of

David PenalozaItem —

us to do. So I unfortunately cannot support rescinding these approvals and I would like to second councilman but Sarah's motion to continue the item mr. mayor like we

already have a motion in a second I'd like to vote on the item why don't we vote and see if it prevails or not I'd like to make a motion to continue the item all right roll call vote on the continuance and if we don't continue it we'll come back to the original motion which was a motion to approve staff

Phil BacerraItem —

recommendation mr. mayor to adopt the I'm going to go ahead and second councilmember pillows as a substitute motion well he was seconding what he thought was your substitute motion no no I if I'm keeping score on the dice correctly it looks like we had council or mayor pro tem viegas making a motion with you seconding and then councilmember pillows have made a

substitute motion which I am now seconding no I I accounts plan loads that didn't you state that you thought Councilor Bacera made a motion?

David PenalozaItem —

Well, Council Member Bacera had originally made a motion to continue, but everyone just jumped ahead and interrupted and made a motion while you were still asking for colleagues to speak. I don't think he made it.

Did you make a motion to continue, Councilor Bacera?

Phil BacerraItem —

At this point, regardless of my motion or non-motion, Mayor Pro Tem made a motion, and Council Member Pantaloza is making a substitute motion. That's all I heard.

that's all i heard council member i didn't i apologize i didn't hear if you made a motion

Phil BacerraItem —

no no no so you did make a motion no i did not okay that's what i thought though that's why i

feel we're okay all right we didn't we didn't make it make there was no substitute motion until council member becerra made a motion i mean council member peña loza so what i suggest let's vote on the substitute motion if that fails then we'll go back to the original motion which was a motion to rescind. So please roll call vote on the substitute motion which is just to continue the item. Madam Clerk.

Council Member Becerra? Yes. Council Member Mendoza?

Yes. Council Member Peñalosa? Yes. Council Member Sarmiento?

Yes.

Council Member Soloria? Yes. Mayor Potembegas? No. Mayor Pulido?

No.

Motion carries, 5-2.

All right, let's go on to the next item.

Item 55C, pulled by Council Member Sarmiento.

Yes, thank you. And thanks, Ms. Rudelaw, for already being at the podium. So I just had a question on this, and I know it's a resolution and it's not binding, but we're talking about a new policy for cost recovery on parks and recs and community service expenses. So to the extent that I think we had discussed going through and seeing where fees should be applied and where costs could be recovered, the only thing was, you know, I was hoping to see a little bit more detail on what programs were going to be impacted and maybe what partnerships that we have with those that provide those services would be there.

It's become such an important issue that your department deals with. I think that I was just not following as much which specific programs were going to be impacted, so I'm not sure if we want to maybe flesh that out. Probably not a good time to do it right now, but if you can bring something back, unless it's time sensitive to do it today just so we can attach it to some you know real programming and i know that we're you know not delivering many programs um you know right now but to the extent that we will have a plan that's fleshed out that will eventually and gradually go ahead and

provide these services um you know just your thoughts on that absolutely this is just the

policy and we will come back to council with the specifics for programs and services so this is just establishing a policy if you remember back September 15th for the original presentation we have now an implementation plan from that there was 43 goals and objectives and anything that is counsel that the City Council needs to approve such as a policy we're going to come to you with that approving fees we're gonna we're gonna come back to you with approving fees so we'll have those specific things at a later time and as we work our way through our

implementation plan so is this more of a principled intent resolution to go ahead and get us to the to a point where we are looking at some you know some recoverables on costs when it comes to certain things like maybe reserving field space and maybe dealing with you know other costs that may not be you know completely apparent to just hoping you know using our park space you know

openly yes yes all those are included in this analysis and we'll be coming back to you during the budget process or if it's not during the budget process we'll come to you if we need like we were looking at miscellaneous fees we need to change some of those things but we will come back to you for your approval got it so no fees are going to be imposed until they come back

and receive approval and consent by the council mayor elective if i may this is just basically the foundation so oftentimes agencies have a philosophy as to what programs they want to subsidize and what programs they want to achieve some level of cost recovery. In your parks and rec programs, oftentimes you will heavily subsidize youth programs and maybe senior citizen programs, but for individuals you will attempt to do a higher percentage of cost recovery. So this is just the foundation as to how Lisa will move forward with establishing the fees, and those will all return back for your approval.

But the philosophy of the cost recovery policy is to use the tax dollars to support those programs that have the most community benefits and seek the cost recovery of those programs that have more benefits to an individual.

Great. Thank you for that. No wonder it was more of a high-level document. That's why I was looking at specificity. Will it go back to the Commission, the Parks and Rec Commission, for their comments and their thoughts before it comes back to us?

Absolutely.

Great. With that, I'll go ahead and move the item.

I'll second. Any other? Is there a second?

Phil BacerraItem —

Councilmember Becerra seconds.

All right.

Councilmember Becerra.

Any other comment?

Go ahead, Madam Clerk, call their roll.

Councilmember Becerra.

Yes.

Councilmember Mendeza.

Yes.

Councilmember Peñalosa. Yes. Councilmember Sarmiento.

Yes.

Councilmember Solorio.

Yes.

Mayor Pro Tempe Vegas. Yes. Mayor Pulido?

Yes.

Motion carries 7-0.

Next item.

Business Calendar Item 60A.

Do I have a motion?

David PenalozaItem —

I'll make a motion to approve 60A, which is to adopt a resolution denouncing the attacks on Artsakh by Arzajabun.

I'll second that, Mr. Mayor. I'll make the motion. You got it. Any other comments? I'm in strong support of this. Other comments, please. Thank you for bringing it forward. Roll call vote.

Go ahead.

Councilor. No, I was simply thanking the council member who brought the item through the 85A process. It's an important one. I'll be supportive as well. So we can go ahead and call roll.

Councilmember Becerra? Yes. Councilmember Mendoza? Yes. Councilmember Peñalosa? Yes. Councilmember Sarmiento? Yes. Councilmember Solorio? Yes. Mayor Potembegas? Yes. Mayor Pulido?

Yes.

Motion carries 7-0.

Next item.

6-D-B.

Any comment on this item, council members?

Phil BacerraItem —

Mr. Mayor, it looks like staff has a presentation.

Okay, go ahead, please.

Okay, Daniel Soto from the city manager office has a brief presentation on this item.

Good evening, Mayor and City Council. Tonight, staff has prepared for your consideration an ordinance prohibiting the repair and sale of bicycles and bicycle parts on public property.

At our last meeting on October 20th, the City Council discussed an 85 Agenda Item requested by Council Member Becerra relating to a prohibition on the repair and sale of bicycles and bicycle parts on public property in the city. In order to address the illegal activity of bicycle thefts, staff has prepared an ordinance for City Council consideration. the ordinance would prohibit the assembly disassembly sale offer of sale distribution offer of distribution or storage of the following items on any

street sidewalk alley public passageway public right-of-way public park or other public property within the city three or more bicycles a bicycle frame with gear cables or brake cables that are inoperable cut or missing two or more bicycles with missing parts or five or more bicycle parts the prohibitions would not apply under the following circumstances when an individual is operating under a valid city of santa anna license or permit authorizing such activities or when the owner of a bicycle or bicycle part is present during the repair of the owner's single bicycle or bicycle part.

Violations of the proposed ordinance would be deemed to be a misdemeanor and would be punishable as provided for in the Santa Ana Municipal Code. The Santa Ana Municipal Code also provides that a violation of these provisions could be responded to by issuing an administrative citation.

Thank you.

Additional comment, council members?

Phil BacerraItem —

Mr. Mayor, Council Member Becerra, I wanted to thank Daniel for that presentation and thank staff for quickly putting this together for us. You know, as I was mentioning earlier, we are a very urban city, and not only are we walkable, but as anybody can see, we're a very bicycle-oriented city. I mean, we have a lot of folks that, whether it's for recreation or just for sheer transportation, And I think having policies that are similar to other cities that have a very strong bicycle presence, like Long Beach and Huntington Beach, I think it just makes sense for us to do.

Phil BacerraItem —

So I want to thank Daniel and thank staff for putting this together. And with that, I'd be happy to make the motion to approve.

David PenalozaItem —

Is there a second? I'll second. Councilman Peñalosa.

Roll call, go, please. Mr. Mayor, I have a couple of questions. yeah go ahead governor so daniel can you go back i you know to talking about what forms of proof or evidence somebody could demonstrate if they um you know owned the vehicle or owned the bicycle

if the repair of a bicycle or bicycle part is taking place on public property my understanding is that if the owner is present or if they have a license or if the person that is conducting the bicycle repair has a license, that that activity would be permitted.

So basically, if the owner or the presumed owner, somebody who was in possession of the bicycle, were present, they could show some sort of proof of ownership, whether it's a bill of sale, whether it's some sort of, you know, I guess I thought you had mentioned card or some registration or something else, something to show a nexus between ownership versus simple possession. So I want to thank the council member for bringing this forward because there have just been a number of thefts of bicycles in my neighborhood and I think probably throughout the city and probably

throughout the region and you do see you know some suspicious behavior when it comes to possession of bicycles but you know I know as a kid I rode my bike everywhere and used to ride with friends and sometimes you know your pants would get stuck in the gears and you'd have to pull off and you know for the life of me if I were to be apprehended or detained or you know questioned I wouldn't know how to prove ownership of that vehicle I wouldn't have a bill of sale a card or registration or anything else that could prove up my ownership. So my concern is that we have a good and well-intentioned

effort to codify prohibited behavior and prevent theft. But will this cast too wide of a net and maybe bring folks in that are unintentionally in possession of a bicycle that may be in disrepair and we have our officers approach them and incite them and potentially pursue litigation and prosecution against them. So my concern is that the net is cast a little bit too wide. I want to see how we can address the problem because it is important. I think any sort of theft of private property we know is rampant.

We don't have to limit it to bicycles. I see computers in people's possession. I see other items that people are carrying around, and it's unfortunate because we just see that we're living in a time where that is a real problem. We just have a lot of behavior like that because the conditions are very, very dire. so i guess i'm just trying to make sure that we draft something that isn't going to you know draw in folks that um you know may may be innocent um have vehicles and you know or have bicycles and you know be caught up in this so that's where i think you know the language to

me makes it a little bit difficult for me to support i support the intention um and i think that you know as we go through and i think we'll have a second reading on this so madam city attorney Maybe what I'll do is I'll do a little bit more homework on some other cities that may have run into these challenges before, where they want to cast the net wide enough and specific enough and tailor it narrowly to what our objective is. So I think those would be minor changes if we take a look at some that I hopefully will be welcome to those that are supporting.

But for now, I'm going to withhold my support just so I can go ahead and do a little bit more review on some of the other cities that are trying to accomplish the same thing. Those are my comments.

Phil BacerraItem —

I'm looking at the Go ahead. Thank you, Mr. Mayor. I'm sorry. In looking at what staff brought before us, here it's the draft section 10-802 with exemptions. It looks, because I agree with you, Council Member Sarmento, I don't really carry my bill of sale with me in my back pocket when my chain gets caught up when I'm riding down the street. But one thing that I was a little more comfortable when I read the language that's in the proposed ordinance was where it said that the supporting evidence for the claim of lawful ownership may include but is not limited to which I think gives

Phil BacerraItem —

a little more latitude to any of our police or otherwise who would want to see some sort of demonstration of ownership it doesn't necessarily tether them just to what's listed here in the the ordinance but i agree i mean i'm not opposed to staff looking into this particular section a little bit more specifically but i i did appreciate the fact that while it did give some examples it left it a little open it kind of reminds me of when you see that section in our code that talks about uh security and it says not limited to vhs recorders and camcorders and you know cds and you

Phil BacerraItem —

from a different time but i i think with this language i would be open to seeing what staff could shed some light on it but i i hope that it does allow for enough flexibility to where you know kids aren't going to be stuck trying to find the receipt to their bike from years ago

Sonia R. CarvalhoItem —

i just have two quick comments i think the point was well made by councilman or somrienta that we had a first reading if we can do some clarification we can always add that on second reading and not have to go back to the first and then I will work with staff to give you some clear examples of what would be acceptable to the city attorney's office before we would actually prosecute because we're always we're like the we're the backstop so when they file these citations we then review them to make sure that we feel comfortable with the evidence and sometimes we turn down the

Sonia R. CarvalhoItem —

citations because we don't feel like there's enough evidence so we'll give you some clear examples of what it would take for our office to actually prosecute

Yeah, and that's simply what I was looking for. A little bit more specificity. I think when we draft broad language, what it does, again, it's a net that's cast too wide and sometimes encompasses those that we didn't intend to be punitive on. So the more narrowly we can tailor it, the better I think I'll feel about it. So, again, I think the intent is certainly a solid one because we've seen the activity that we want to be able to punish, but we want to make sure we punish the right folks and not the folks that really, you know, we have no intention on punishing. So thank you for that clarification.

Phil BacerraItem —

Well, I'm still going to try to angle for Council Member Sarmiento's support on this. So would you be comfortable if I went ahead and modified the motion to have staff come back to us during the second reading regarding Section 10-802B?

Yeah, subject to the clarification that the city attorney is willing to go ahead and make on some minor adjustments. but again I want to be able to you know again I may not support it at set at the second if if in fact those clarifications don't meet the standard

Phil BacerraItem —

that I'm looking for and so you know totally understandable would the second of the motion be open to that that's that's completely fine

mr. mayor mr. mayor just a couple yeah and a question for maybe the folks that worked on this ordinance or staff I do like that in section 10-801 as we had talked about before we're also talking about cases where there's multiple bicycles that are being worked on either three or more in some cases you know if there's one with missing parts when we have one off with kids I think that provides some protections my main area of concern I mean I'll support it either way but just as a suggestion and for consistency because I know we've had

kind of different councils look at this so there's been different decisions but in the enforcement provision that speaks to the opportunity to provide folks a misdemeanor violation and I know on other policies some years ago we to not criminalize folks into having more immigration problems we limited on lower level nonviolent offenses like this just for them to be administrative citations or financial fines so maybe just something for my colleagues to think about down the road and then finally you know one of my concerns when we do good

policies like this is we'll pass the policies but then there's confusion on who's gonna enforce the these so is code enforcement gonna enforce calls of violation on this or PD or who thank you council members of L'Oreal my

understanding is that the municipal code provides that I apologize I may I

Sonia R. CarvalhoItem —

defer to the city attorney our musical code allows for our code enforcement officers as well as the police department to cite in terms of whose primary responsibility it would be. I think that's probably best left to those departments to decide whether, you know, I don't think that we make decisions and say only code enforcement is going to cite to this code section or only the police department will do that. I think it would be as we enforce all other provisions, if we see a crime occurring, then we would cite the individuals. I would just ask my colleagues

and staff just to move it down this path to be more thoughtful about stuff like this because there's been numerous instances where one can't do it, they look to the other group and it never happens or the reality is with code enforcement, they don't work 24-7, right? You know, seven days a week. So for situations where it's in the evenings or early evening hours when actually a lot of this stuff also happens, there simply aren't code enforcement officers on the beat to help. maybe that speaks to again an ongoing wish to keep growing that department and giving them maybe more hours or flexibility on when they do their work

you know because if not I just worry you know it's one more reso here but it

won't be enforced thank you thank you councilmember for those comments and certainly it's it's a tool that both of those departments can use but duly noted it is the PD that would have the 24-7 operations that should be aggressively enforcing this new ordinance once it goes into effect thank you city manager so

just one additional question on the point that councilmember Soloria was making with reference to a citation I think it may be incremental is this is the baseline offense punishable by a misdemeanor or is there a you know where do we start here on this as written madam city attorney I think taking into

Sonia R. CarvalhoItem —

account this city council's previous direction we are writing these enforcement provisions as we call we call them wobblers so that we can have the discretion we normally do not file them as misdemeanors we file these as infractions and they go through tickets the reason we like to have the misdemeanor and we understand the council's position on that is that if we have someone that we've cited three four times and we understand this individual really is stealing bicycles and is doing you know the type of thing we're trying to prevent we'd like to have that misdemeanor authority because the

Sonia R. CarvalhoItem —

infraction doesn't get us the kind of compliance we want can you codify that

and say you know after multiple citations then it would trigger the the

Sonia R. CarvalhoItem —

misdemeanor offense I'd be happy to do that and include that language with the

second for the second reading as a consideration yeah that would be better

Sonia R. CarvalhoItem —

thank you if that's agreeable to to the makers of motion we can clarify that

Phil BacerraItem —

yeah that'd be fine

All right. With those changes, roll call vote.

Council Member Becerra?

Yes.

Council Member Mendoza? Yes. Council Member Peñalosa?

Yes.

Council Member Sarmiento?

Yes.

Council Member Solorio?

Yes.

Mayor Plotem-Vegas? Yes. Mayor Pulido?

Yes.

Motion K-7-0.

Next item, Madam Clerk.

Public hearing item 75A.

Is there, before I open up the public hearing, or as I open it up, is there a staff presentation on this?

Yes, Mr. Mayor, this is Council Member Sarmiento, and before we begin with staff's presentation, excuse me. Go ahead. I want to recuse myself on the record because I do have a conflict. We have an economic interest, basically a property that's owned by our family within the radius that I've discussed with Madam City Attorney. That is close enough to trigger a conflict for me not to be able to participate for no other reason than we do have, again, real property that's within the radius area for a conflict. So based upon that, I will be refusing myself. Thank you.

Thanks for that. It's very appropriate to abstain, and thank you for stating the reason. Very appropriate. So at this point, Madam City Manager, would you like to make a presentation? I think this is a project we've been working on for a long time. I know there's a lot of consensus around it. I personally am eager to hear the public hearing and then make comment. is there any presentation as we open up the public hearing on this yes mayor so

mayor and council members this was a joint project and it's been a long time in the works led by our acting assistant city manager Steven Mendoza and our director of planning Min Thai and just so for some background it is very excited that we're at this point tonight this project as you mentioned Mary it has been in the works for seven years it is a project that is going to take an antiquated parking structure and turn it into a vibrant mixed-use project bringing residential units and hotel rooms down to our downtown area so it is an exciting project and we're I'm very pleased that we're able to have this

type of development interest in our city given that a current times that we're in so with that I'm going to turn it over to our acting assistant city manager Stephen Mendoza to provide the presentation thank you mr. mayor members

of the council and Christine for the introduction tonight we present a public-private partnership in the heart of downtown Santa Ana this collaboration between Caribou Industries in the city of Santa Ana literally builds upon our real estate assets and airspace while providing community benefits in the shape of revenue for services a hotel much-needed housing units 13,000 square feet of retail on the ground level 19 very low-income residential units public improvements including curbs gutters sidewalks storm drains a rooftop bar transit oriented development public parking and construction jobs and

permanent jobs although all of this while also reconnecting the north part of downtown with the south part of downtown via the new sycamore men and I are proud to introduce third and Broadway as the City Council knows this project has been is placed right in the middle of the city of Santa Ana's downtown it's a 1.43 acre site right in the middle of downtown in 2013 the City Council was faced with a decision of whether to reinvest 8.6 million dollars in modernizing the parking structure or demolishing the parking structure and

seeking development partnership before that and City Council did take that second option of seeking proposals for a partnership to develop this segment of downtown as Christine alluded to we started this in 2014 and here we are today in November of 2020 with that I'll turn it over to mr. mint I will describe the proposed development Thank You director Mendoza this project is a true mixed-use development project in the heart of downtown it is a project that consists of

residential retail as well as hotel you can see on top there is a proposed mixed multi-use building the 16-story residential building consisting of 171 unit apartment as steve mentioned with 19 very low income units and that will be dispersed throughout the project levels there there are There are 95 studio units, 51 one bedrooms and 25 two bedrooms. The retail is on the ground floor, activating the street along third street, Broadway as well as the new Sycamore that connects to the existing Sycamore between fourth and third.

For the parking, there are 196 residential spaces, 83 hotel spaces, and 211 parking spaces, which I'll talk about the configuration of all those parkings together as steve mentioned this is a site that is currently the existing parking structure which spans across the the entire site under this proposed development the project will include two buildings and the reactivation of sycamore running north and connecting between fourth and third basically this is an aerial view or a

site plan review of the site again the development is two proposed building what you see in the pink there is the mixed-use building consisting of the residential units on the ground floors we mentioned there are 13,000 square feet of retail commercial there is going to be 444 parking spaces proposed for this site which includes residential parking the replacement of the public parking that is being removed and then also providing some parking spaces for the hotel moving east on the blue on on the left side of the

screen you'll see that the sycamore street will be reconstructed and creating a convertible street as we call it as this street can potentially be closed off for activities such as farmers market or being a pedestrian promenade and will allow for the linkage for circulation when it's necessary between 3rd and 4th Street. It will also function as the valet parking drop-off for the hotel, as shown in the left there in the blue outline. The hotel will have 75 keys and include on the

ground floor parking spaces. It's a little bit unique in terms of the way the parking spaces are being configured in the hotel. There will be 46 parking spaces, some of which will be configured in lift manners as well as 488 parking spaces and additional parking spaces I mentioned are being provided within the residential building as well vehicular access to the site is from the alley to the north and that is all vehicular access in terms of pedestrian how the pedestrian can access

the parking structure is through the lobby separately from from the vehicle entry

this is a cross-section of the building and it really demonstrate how this building is being configured you can see that at the ground level which is the subterranean level there is a parking structure that spans across the entire site and that will provide parking for the replacement of the public space as well as partially for the hotel and the parking space goes up additional three levels for the commercial development above that where you see the green that is parking spaces for the residential exclusively and then you can see that above that that is where the majority

of the residential units will be constructed for the 16-story building with a total height of 194 feet moving to the left there you see again the street with no development is going to be a convertible street that will allow for both pedestrian promenade and activity use or when not in use function as the valet and and the connection the hotel is 10 stories and what you see in blue is going to be the parking configuration for both the ADA parking as well as the lift parking spaces there's also back of house use

and includes the lobby for the hotel above that you'll see the hotel units as well as outdoor amenities and patios while the building are both 10 and 16 store in height they're very iconic and they're a part of the vision of what downtown is this proposed development is going to be located as i mentioned in the heart of downtown and the goal of downtown is to really create that iconic skyline building height while being compatible with some existing environment as well as the historical aspect of the surrounding areas

so as you can see the building took great care the architect design took great care in terms of activating the street using both the pedestrian promenade through the convertible street but it also replicate what is existing around there with glass windows door fronts with large bulkheads using stone and brickwork to help duplicate what's surrounding in the areas of the building really continue the cadence of downtown both in terms of the pedestrian rhythm as well as the activation and visually you can connect these two tall buildings to the ground level and for the most part for the pedestrian that's what you can see and

that's why we took great care working with the applicant to address the pedestrian level while still creating that iconic look for both the hotel and the residential tower in reviewing the project and evaluating the secret documentation for the project it was determined that there are no new or substantial greater impact than what was to be occurred as the proposed development as compared to what was originally analyzed in the 2010 eir in reviewing this we refer back to sequence section

15 162 which dictates that under such condition where no new substantial impact is being created through the project a new error shall not be required based on the analysis of the project it was believed and we determined that an addendum was the appropriate document to be documenting the sequence analysis for this project in addition to other comments that the city received on October 20th we received a comment letter representing coalition against Santa Ana irresponsible

Development and then today we received a letter representing United here local 11 both really raising the question is whether or not the addendum was the appropriate document to evaluate this this project under CEQA as well as the impact of the project and whether or not those were adequately analyzed to really restate this staff and the CEQA consultant reviewed the letters and we feel very confident that our existing analysis as documented in your staff report and and the

mitigation monitoring program and what you're adopting tonight adequately addresses the issues of the project under sequa as raised by post project again the project no new or substantial greater impact would occur with the implementation of the proposed development when compared to the 2010 EIR and then any changes to the future project such as the conversion of the potential conversion of the hotel into a residential development project that's not being considered by the city council tonight that is something that is potentially in the future

and if that is going to be the case the applicant or the owner at the time would have to submit that development proposal to the city it's not predetermined it's only a opportunity but it's not being considered tonight so i want to make that very clear you are considering the development agreement as well as the site plan review and the addendum tonight

so the project includes residential development as part of the development there are 19 low income units which will be 30 50 percent and my 10 of which will be studio six one bedroom and three two bedrooms with the incorporation of the density bonus under state law which i think it's sb 1818 approved in 2005 the project is entitled for a 35 density bonus which based on the lot size of 1.43 acres they qualify for 127 units with the 35% density bonus that works out to

about 171 units in addition to that under state law with the incorporation of affordable housing they're able to qualify for reduction of the parking requirements based on state law they're actually able to reduce all the way down to half a space per unit whereas the project is being proposed will provide one space per studio one space per one bedroom and two space per two bedroom for a total 196 parking spaces in addition to the the concession that is

allowable the project is also qualified for waivers under our development standards under which the project is being analyzed for 4.2 far instead in place of 3.0 far what that means is that for every square foot of land area they have they're able to develop 4.2 square feet of usable or haveable space in terms of the height waiver there is a waiver of 16 story in comparison to the sten story for the residential building and this is because the site is relatively small in size and in order to create the parking necessary

for the project and replace the park public parking as you saw there are eight levels of parking before we can start the residential units so therefore this waiver is appropriate in order to provide the parking spaces necessary on site for the public for the development as well as creating the residential opportunity another concession is the open space requirement this is not because the project doesn't meet the open space it actually exceeds the open space requirement however because it is located in a downtown smaller block the open space are being provided in a courtyard on the deck

instead of a forecourt which is generally at street level and additionally there's a massing waiver and the massing is being reduced from or increased from 85% to 93%. As again, the intent was on larger site, you have step back for the building so that it creates for visual relief as the building goes taller. However, because of the size of the site and based on the development criteria that are necessary, it's being proposed from 85% to 93%.

so with that I would now hand back the presentation to executive Mendoza thank you man very much up until this point the City Council is very familiar with entitlements you see many projects that come your way asking for variances approvals and or site plan review this time you have a greater role in it you actually own the property and you're going to be a partner in the development What establishes that that part solidifies that partnership is a disposition and development agreement. This disposition and development agreement that's included in your pockets has many facets.

It shares what the city's responsibilities are, the developer's responsibility, a performance schedule for both of us, hotel conversion option, but not the pre-approval of that option if the hotel underperforms after a year or two, a share of city profits should the project sell to a new developer we made sure if he made money the the public was entitled to some to share in that in that proceeds as well public parking related responsibilities a process by which the 211 parking spaces could be sold in the future if desired and reciprocal access to retain access to those 211 parking spaces over his other

parking spaces that are in the project and a community workforce agreement so that is a that's a whole lot of information so the city's responsibility are the demolition of the existing parking structure site prep for the construction of the project construction of 211 parking spaces reconstruction of sycamores a private street providing a public right-of-way our donation of the land of three million dollars and the estimated expenses of the public improvements six million for public improvements off sites and on sites and then seven million for the public parking is valued

and that comes up to 13 million dollars in my next slide you'll see that the 13 million dollars is not a gift it's a debt that the city will have and that debt will be serviced by the developer including any interest the city loses or spends in securing that debt the developers responsibilities is the process all entitlements which he has done and you're in that brings it to in front of you tonight he provides for the funding of the development he has to be supplied with over a hundred million dollars to build this development build all improvements including public improvements design and operate a hotel

manage and operate the public parking and fund all operating expenses including the city's debt service on the 13 million dollars that I mentioned in the other slide here's a sample of the performance schedule the performance schedule is much lengthier than this these are some of the highlights the criteria for conversion the hotel is represented in the DDA to to ensure that it's followed city protection participation and revenue is also delineated in the disposition and development agreement about the project being sold and the city share the city staff city attorneys and also some

consultants have been working very hard to ensure that the City Council and the residents of Santa Ana are protected in this development we describe the parking operations in length in the disposition and development agreement and the purchase option for public parking should we want those 211 parking spaces to be sold even if they are sold the disposition and development agreement requires them to remain public always the 211 we also provided the council with downtown parking inventory so do you have questions on that the walkability of other parking options during construction and in the future and the

project benefits the estimated annual revenue we predict on this project including property tax hotel visitor tax sales tax and utility tax comes up to thirty three hundred and thirty seven thousand dollars per year and an estimated five hundred and ten construction jobs for the city again we like to tout the community benefits what is in it for the community to benefit from 19 very low-income units right in the middle of downtown that you currently don't have publicly accessible spaces hotel rooftop lounge sycamore Street and special event promenade much like third street promenade between these two buildings as we all know you

can't get over to pizza press without going around a large monstrous parking structure correct this connects downtown on the north from the south 211 parking spaces in perpetuity and long-term jobs and city tonight tonight city council you will consider the addendum which is the environmental document prior to making a decision on the density bonus agreements with concessions and waivers site plan review applications and the disposition and development agreement that we outlined with that I want to thank all the people that helped bring this together including my my partner Ben Ty Mark Morley Lisa Siptovich

Judson Brown Nabil Tagg Vince Fergozo Selena Kellehar big round of applause for her to bringing this today our secret consultant Bill Halligan and our architect Tobin White and of course our legal team led by Sonia Kovarlov with that i'll turn it back over to the city council for any questions you may have of staff

thank you um let me start off with a comment and and then let's go around i'm sure there'll be a lot of good comments um i just uh want to commend a lot of folks on this but i will note that i believe uh you know the developer deserves a lot of credit because um a project like this is very very complicated. It involves a whole lot of moving parts and we've been at it for a long time and not because we're slow or because we're you know taking too much time just because of the very nature of the complexity of it all. This is complicated to do something like this

and I think at the end of the day we have a lot of winners here and I and I just want to thank uh you know staff because uh you know a lot of work has been done to get it to where it is but i also want to point out the city manager in particular because i believe when she came you know she took this project uh very seriously and started marshaling resources and and and it's made a real difference and that's part of the reason why we are where we are today approving it um i believe it's going to change the downtown for the better this is more than uh you know 1.6

acres or whatever it is i know it's a relatively small lot because of where it is and the way it's realigning sycamore and and and the vibrancy the density the activity i i think it's gonna you know you know change so much of the downtown uh in a big way for the better and because there's you know development not far from here remember uh over on the first american site which is right down the street on ford street there's a very large development coming in from toll brothers which is also going to invigorate the downtown and of course we have you know the street car

the street car is going to be right on ford street connecting you know downtown san anna ultimately to the airport to Disneyland and all that and I think this is going to be an iconic project within Orange County so with that I want to ask the applicant if you would like to make any comment and if not I'll bring it to council for additional questions or comments any comments from the

applicant see none let me bring it back to council other comments from from my colleagues on the City Council please do we have public comments mr. mayor

all right madam I thought we had those already didn't we no not for public

hearing item 75A.

All right. I thought we were ready to vote last time, but then we had the comments and then we couldn't vote on it. But all right, let's go ahead. Let's do public comment.

Thank you, Mayor. Before I open up the line for the callers to speak, I did want to announce the emails that our office received for public hearing item 75A. we received 16 Santa Ana resident business owners and support for residency not disclosed and trade labor our organizations we received 22 all in support in opposition we received 60 Santa Ana residents business owners to

non Santa Ana residents and one trade labor organization thank you please proceed okay caller with the last three numbers eight six seven please dial star six to unmute your call or select the microphone icon to unmute thank you you

may proceed we're on I don't even in council members good evening Austin lynch organizing director with unite here local 11 the union of hotel workers

our members believe that public lands belong in public hands and that the city should not give away uh public lands um hold on to your public lands they're precious and use them to build

things that benefit taxpayers thank you thank you caller with the last three numbers four 492, please dial star 6 or select the microphone icon on your phone to unmute your device.

Caller with the last three numbers, 492, please dial star 6 to unmute your call.

Callers with the last three numbers 492. Thank you. You've successfully unmuted your call.

Please proceed with your comment for item 75A.

Good evening. Just to clarify, is this the item about the hotel and parking structure conversion?

On 3rd and Broadway.

Okay. Thank you very much. Good evening, council members. and Mr. Mayor. I do want to leave some comments just because I understand there's a lot of excitement for this new development you know in converting you know a rundown parking structure into something that could bring a lot of foot traffic and a lot of vibrancy to our community however I do believe that this project is a little overstated where it might you know throw off the balance of our community and it might draw attention away from you know some of or more historical sites. You know, just the mere size of it and you know, the height of it,

I would probably recommend maybe just turning, toning down the residential units and maybe just utilizing a much smaller scale because it sounds like a lot of parking is needed to, you know, be able to meet all the needs of the businesses and the residential and the hotel. Also, one person did bring up a really good point earlier in the concern for the amount of involvement that Caribou Industries has within our city. It is a little concerning to hear, you know, just how many, how much involvement they do have in our projects. And, you know, I would encourage our council members

to consider other development partners within our city. Thank you very much for your time and I yield back my time.

Thank you. Caller with the last three numbers, 444. Please dial star six. to unmute your call or select the microphone icon please state your name further record hear me yes we can hear you

well good evening council my name is theodore Moreno and I am a longtime resident of the city of Santa Ana so I just come with concern in regards to the parking because I do understand that our downtown area is very vibrant in different times of the year such as Dia de los Muertos, such as the different holidays that come about and the different shows and when life goes back to normal I know that the Santa Ana 5k will be very vibrant again. So that is my main concern because I feel that we're giving we're giving up a

lot of public land especially obviously public parking to to a developer when these when these public structures are constantly being filled at different times of the year and so I just feel bit concerned that it will lead to more of a parking crisis in downtown area and then as well when we have hotel residents and then residential individuals in the in both facilities they will have guests and they will have family members visit them of course and so you'll all you you will also have to take that into consideration and so i feel that it's just going to bring a lot more

traffic downtown I know it's good for development it will bring in a lot of tax dollars however I feel that a parking structure for what we have is we can't just take it for granted I know parking structures are very expensive to construct I know Santa Ana College has been wanting to construct one for so long but it's just way too expensive and so please consider that in your decision and thank you for letting me speak and take care thank you caller with the last

three numbers zero one zero please dial star six to unmute your call hello can

you hear me yes we can hear you okay good as I live about a half block north of the proposed project site. So let me first state, I think, this is a very good development on balance. But I echo a lot of concerns that some of the residents are in terms of post-construction impact, and even construction impact. According to the staff's own numbers, it's gonna take about seven, hello? Hello?

We can hear you. You've made the scene.

Yeah. I think it's gonna take about 17 and a half years for the city to recoup its investment. These are staff numbers. These aren't made up. And I really would think staff and the city's account would really go back and repeat that and see if they can do a lot better. 70 and a half years to recoup an investment is a pretty darn long time. I think the affordable housing allocation is kind of scrawny for all the impact this is going to cause and all the, you know, kind of the cost to the community. And there is a cost, not necessarily direct or financially,

that is a cost community in terms of more density traffic etc and i think let's go back and look revisit that 10 percent affordable housing allotment uh lastly i hope the city and the developer really get together and propose a construction impact approach to this project with the trolley project going on and this project going on pretty close to concurrently this seems going to be we're going to have traffic and dust and noise coming out of our ears i certainly don't want to go through the experience i had with the city contractor about a year ago

when they start jackhammering the sewer mains at three in the morning right in front of my residence i think we can do a lot better than that uh let's just be smart about this let's be intelligent about this let's really look at what we're really trying to do i think staff did a good job with the rosy scenario and there's some good things in there but when you start pulling behind here there's a lot to consider and this project you know could go wrong very easily and you know it could be could you're pretty negative so please watch out be diligent and be appropriate and be appropriate with with the resources

that are going to be granted during this project thank you

thank you caller with the last three numbers

273. Please dial star six to unmute your call.

Yes, good evening, Mr. Mayor, members of the City Council and executive staff. My name is Ernesto Medrano, and I'm the Orange County representative for the Los Angeles and Orange County Building and Construction Trades Council. We represent 140,000 hardworking men and women from our 49 affiliate trade organizations. I'm calling to urge the City Council to approve the staff recommendation, which includes the Density Bonus Agreement and the Disposition Development Agreement on the 3rd and Broadway Project.

The project will create hundreds of high-wage, high-skill construction jobs, and these jobs have a significant multiplier effect on other jobs in the area. And at a time of an economic recession due to the pandemic, the timing to get shovels in the ground is imperative. The revenue we'll bring to the city will help maintain the critical services that the municipal team provides. The Building Trades Council are in talk with Mr. Mike Heron, the developer, to achieve a community workforce agreement that'll provide the project with a skilled and trained workforce, strong safety enhancement for the construction workers,

and the project will provide a pathway to the middle class opportunities for not just Santa Ana, but the entire region. We'll have young men and women and take them out of poverty and put them on the pathway to the middle class. We'll create the man to create young men and women into our joint labor management apprenticeship programs. And by the way, last week was National Apprenticeship Week throughout the country. The project will also support veterans for our Hail Mr. Hard Hats program. And the Quality Union Jobs creator will have great health care and defined retirement plans. The third and Broadway project will have access

to the Orange County streetcar route so that the guests, residents, and community can get out of their cars and help the environment and alleviate traffic. The project is in the nearby cultural attractions like the Artist Village Civic Center and the recently revived downtown Santa Ana with its nearby galleries, restaurants, craft breweries, and the street art. It is a perfect project for the area as currently it is just a parking lot. We, with all of the trades and various employers, sent in numerous letters and addressed the Planning Commission several weeks ago. So again, we urge the City Council to approve this project.

Thank you for your hard work and service to the great city of Santa Ana. Good evening.

Thank you. Caller with the last three numbers.

243. Please dial star six to unmute your call. Thank you. Please state your name for the record. You may proceed to speak.

Yes, of course. My name is Luis Andres Perez. I'm a representative for UA Local 582 Plumbers and Steamfitters. I'm here to make a public comment on the actual public hearing for the third and Broadway development I think as a whole the council recognizes the direction of this positive development I think it's a complete development with having affordable housing our residential units and still maintaining the actual integrity of public parking lots and the individual spaces themselves I think this is a great deal and even within the hotel development having the inclusion to

lay grounds for having positive benefits or at least in the financial aspects of flipping it i know earlier we had a public comment about you know the city having to make a profit within 15 years well most buildings stick around for 60 or 70 so 15 years is a short you know tail spawned around the whole. So as a whole, with the urgency of approving and moving forward on the development, I think it does everything it needs to do from construction all the way through completion. I think this is the right move in the right direction for the development and the future of Santa Ana. Thank you so much.

Thank you.

Caller with the last three numbers 868, please dial star six to unmute your call.

Or select, thank you. Please state your name for the record and you may proceed to speak.

Yes, hi, my name is Hilda Ortiz. Good evening, Mayor and City Council members. I'm speaking today on behalf of Latino Health Actors in opposition to this item. our goal at lha as you are aware is to facilitate opportunities for residents to take ownership of their well-being including by participating civically in decisions that affect their health we believe that residents know best the solutions that work for their community and we have heard the community express those needs to the city which is why we are concerned with the actions proposed under item 75a in today's agenda the proposed plan for a hotel and a majority luxury

residential building as far from what the residents have been advocating for we urge you to oppose the actions under this item for a couple of reasons one although the environmental impact report for this project concluded that there will be no direct displacement as a result we have seen the impact that this type of revitalization has had on neighboring neighborhoods surrounding the downtown area like lacy and willard and eventually the city as a whole this project like others that are meant to attract people from outside the city will only contribute to the gentrification within

things happening in the last years and drive existing residents out um the second reason the proposed plans include residential a residential building that would only dedicate 11 of the units to low-income residents in exchange for a density bonus leaving the majority of the units at market rate cost which we know our community cannot afford this plan prioritizes prioritizes the opposite of what the community has been asking for which is affordable housing and finally with the item as is the city would be supporting the developer very much by providing the land and 13 million dollars for the preparation of the land for an

economic investment of very high risk as is a hotel during a pandemic with santana being one of the city's most impacted by COVID, the city's priorities for any public spending or debt should be on addressing the current effects of the pandemic as well as for the long-term economic recovery that would directly benefit the city's residents. And this project is not addressed either. For those reasons, we urge you to oppose item 75A as is proposed today. Thank you.

Thank you. Caller with the last three numbers, 361 please dial star six to unmute your call

state your name for the record and you may proceed hi I'm John Hannah representing

the Southwest Regional Council of Carpenters and we are in strong support of this project this is a sign of the times that the city of Santa Ana of realize is that you need some modern tools to improve the quality of life and increase revenues for the city so the old way would be and let's recognize what was there it's not just a parking structure it's an antiquated dangerous filthy parking structure that kind of blocks off the the north and the south part of downtown so the old way to deal with this would be tear it down

and build a new one spend eight million dollars of the taxpayer funds to just build another parking structure instead we've got we have to commend the city manager and staff and Mike Heron and Caribou who really should be commended and not questioned for this kind of project for the city and building the public-private partnerships which minimizes public risk while continuing to maintain a public presence. This isn't a giveaway this is basically

saying what we had there is just not productive it's dangerous and it's and we can do much better so it is much better I want to join in the comments of Ernesto Medrano of the LA Orange County Building Trades Council this and to commend him and Mike Hera of Caribou for realizing that what one speaker said the well-being of the community is being considered these this agreement for the workforce will ensure instead of being paid sub-minimum wages in many cases

by construction crews which I don't hear much about from people some of the people who comment on this instead these will be well-paid people who will have benefits and there will be a local hire component to it that's what we need to start focusing on when we start talking about development projects and this developer unlike many who come to the city council voluntarily agreed to have that local hire component with a skilled and trained workforce that developer should be commended for this but that's not the only public

benefit for this we have a hotel for uh for people who will be coming in uh and whether it's lawyers in the federal court or state appellate court who will be here for a long time or businesses that they will have an opportunity to stay in santa anna spend their money here instead of going to anaheim or costa mesa there's a lot of public projects that people want folks it takes money and let's capture the money of people who come into Santa Ana rather than just have them come

in and leave. I think this project will actually reduce vehicular traffic because as Mr. Medrano talked about and the staff did, we're going to have a rail line in, a trolley line into this area. we're going to have people now that it's opening up the north and the south of the downtown who will want to come in live here in this area and will actually be voiding having to have a car and that's that kind of futuristic design I think is to be commended there are public benefits for

this this is a great public private partnership I strongly urge on behalf of the southwest regional Council of Carpenters that the City Council support this project

thank you caller with the last three numbers six eight seven please dial star six or select the unmute microphone

caller with the last three numbers 687 thank you you successfully unmuted yourself please state your name for the record you may

yes ma'am my name is fencing longford i'm the uh southwest regional manager for helmets Hard Act and I would just like to speak to the project. My role as a Hard Act is intraday transitioning service members, observers and national guardsmen into the living traits careers. I feel that this project will be an excellent project for Santa Ana veterans to gain opportunities to get beautiful employment as well as become a senior homeowner within the city.

Thank you. Caller with the last three numbers, 372, please dial star six to unmute your call or select the microphone unmute option.

Hello, can you hear me?

Yes, we can hear you. You may proceed.

Great. Hello, everyone. My name is Alfonso Ruiz. I'm a longtime resident and proud member of the Local 5 Insulators Union. and I'm calling in support of item 75A. I'd like to start by saying that I truly believe that the approval of this project and more projects like this are essential to the future of Santa Ana and its residents. It will modernize and revitalize the city with much needed housing and commercial opportunities that Santa Ana will benefit for decades to come. But as usual, the benefits that would come from this project have been well and clearly stated, so I'd like to expand a little more on veterans.

With Veterans today less than a week behind us and still on a lot of our minds, I'd like to take the time to focus on them for a moment and thank them much more for their service and sacrifice. With that said, as deserving of all the kind words and praise they have received over the week and this evening, they deserve more. With the Veteran unemployment rate at close to double of what it was this time last year, they deserve action. And to the approval of this project and the Helmets to Hardass program that is baked into the scope, we have the opportunity to take action. to say thank you, to say we got your back now,

to not only tell them we care, but to show them we care and give them valuable access to retraining, high skilled, high paying jobs that give them the support they need. This is truly a win-win for everyone involved. So please, once more, I urge the city council to join me and my fellow union members and approve the staff recommendation for the third and broader project and help our residents and veterans get the support they deserve. Thank you.

caller with the last three numbers seven two zero please dial star six to mute your call or select the microphone icon hello can you hear me yes we could hear you good evening mr. mayor and city

Council my name is Ray Baca I am the executive director for the engineering contractors association representing infrastructure contractors and suppliers throughout the region I'm here tonight in support of the third and Broadway project this project will enhance the appeal of the entire area with a well thought out set of priorities that have been detailed by earlier callers. We will also provide high wage and safe construction career opportunities for local area workers as well as future job opportunities for other local area residents.

As leaders in the construction industry and with our many partners in labor, we wish to express appreciation for your hard work and respectfully urge your continued support for the Third and Broadway project thank you thank you so much thank you caller with the last

three numbers zero seven zero please dial star six to unmute your call or select the microphone from your phone thank you very much my name is Bill

Taramina and I just wanted to tell you that this project is an example of a magnet. A magnet meaning that I am looking and others are looking to make investments in Santa Ana. And this is a perfect example of progressive, positive, and constructive thinking and risk sharing on the part of the private and public sector. This project being a magnet for myself and others to put our investment in santa ana away from other cities because they don't think like santa ana thinks you should all be very proud of this project support it wholeheartedly and know that it's

going to bring many jobs and great improvements to the area and again attract like a magnet others to bring more money into the city i thank my cara and your staff for an outstanding

negotiation thank you very much thank you caller with the last three numbers 520 please dial star six to unmute your call or select the microphone icon on your phone hello hi we could hear you yes my name is Roy

I'm with speaker fitters local 709 I'm a 19 year resident of Santa Ana I raised three kids here love Santa Ana this project is a perfect project perfect place the perfect time to build it I think with my carer he's done a great job he did his homework he talked to the right people he did he went to all all steps to do it this is a perfect place with the veterans can you hear me yes we can hear you

with the veterans it's for the vegetables their benefits from that too and then with the local hire the community is going to get it's going to benefit from that too So this is the perfect project, perfect time, perfect piece of building. Thank you.

Thank you. Caller with the last three numbers, 047, please dial star six to mute your call or select the microphone icon. Thank you. You may proceed.

Yes, hi. This is Diane Fratkin, 28-year resident of Santa Ana. uh good evening honorable mayor and council members um i think this is a very exciting project i really think the city needs to look at more redevelopment um i do have a couple of comments to make uh in regards to the height and the architecture of the structure i think it hasn't really taken into consideration the historic value of our downtown Santa Anna and I think that maybe there's maybe some tweaks and some fixes that

could be made to make it more accommodating to the historic nature of our city 16 stories I understand you have to go up because the footprint's so small to accommodate the hundred and seventy one units it just seems like it's a little excessive i do like the fact that there is at least some affordable housing units i think that's great another concern has to do with the ongoing high density projects as it relates to the open space and park space we continue to have this issue we approve high density projects without

out enough open space, park space dedication, new parks can't be put into areas that are already developed. So that is a concern we need to fix. I think we're gonna hopefully do that for the general plan update. But given the post COVID environment that we have, we need to be understanding of how everybody's going to be able to self quarantine if necessary. and we just need more open spaces to do that.

A global comment that has to do with redevelopment, number one, I think the project needs to be viable. We don't want to try to approve something just to approve it. It needs to be able to be constructed and inhabited to be successful so that everybody can recoup their money. So I think that's also important given the economics of the environment today. I'd love to see more adaptive reuse where we can provide more affordable housing units for downtown and

basically convert office space to residential use without having to do a new construction without having to go and build in a new spot. So we're creating an environment that is using the existing space that we have i think that's environmentally good um for the general plan for the general plan update i think we need to have a vision here of how we want to redevelop our downtown area and although this is a good project i think we need to consider how we want to plan this future and not just uh approve everything that comes before us Thank you.

So I want you to have thoughtful consideration for that. Thank you for your time.

Thank you. Caller with the last three numbers, 197. Please dial star six to unmute your call or select the microphone icon.

Good evening, Mayor, Mayor Pro Tem, and members of the council. My name is Brian Germain. I'm a Santa Ana resident for a little over 15 years. I'm also speaking here tonight in the capacity of a union member of the sheet metal workers here in Southern California. I'm also speaking in favor of this project, but also for my brothers and sisters within my organization. There's about 40, 45 families that live here in the city of Santa Ana that are part of the sheet metal organization.

I urge council to support this project because this project is definitely a standout project. The consideration to take something that's existing and is coming to its end of its life as a parking structure and re-transforming that into something more viable that's going to spruce up that area. as as I have been in that area before looking at the option of parking on parking on the street or going into that parking structure I chose to park on the

street just seemed a little bit safer than going into that parking structure is relatively lit dim lighting

thank you caller with the with zoom ID excuse me Katerina Birch please select your unmute feature from your device hi can you hear me yes we could hear you

hi my name is Katerina Birch and I am a research intern at unite here local 11, the Hospitality Workers Union, as well as a student of urban and environmental policy at Occidental College. I urge you to reconsider giving away 1.4 acres of public land and millions of dollars in subsidies in this time of crisis. Public land is a precious resource in Southern California that should be used for the good of all. The city of Santa Ana owes it to its residents and taxpayers to fight for the public good and get as many benefits as possible from the land in the heart of its downtown. Please vote no on this proposal. Thank you.

Thank you. Caller with Zoom ID Jonah Breslau. Please select the unmute feature from your device.

Hi, my name is Jonah Breslau. I am speaking tonight as a research analyst at Lane, the Los Angeles Alliance for a New Economy, and we are an advocacy organization focused on ensuring that Southern California's economy works for all working families. And I agree wholeheartedly with the representatives of Unite Your Local 11 and Latino Health Access. Public land should be used for the public good. And this project, which involves millions of dollars of public subsidies, does not provide the kinds of public benefits that I know are possible from genuinely effective public-private partnerships. We've seen in cities like Santa Monica,

where cities have utilized their public land to promote development that provides far more affordable housing units, much more open space, and better opportunities. And I believe that the city can also advocate for far more from developers than is being offered by this deal. And so we urge you to continue to fight for all the benefits that can be gained from this piece of public land and the millions of dollars of public resources that would support this development. So please, I urge you to vote no tonight

on this agreement to go back to the drawing board and to fight for all of the resources that Santana deserves in this moment of crisis

this thank you very much thank you caller with zoom ID Paul Moreno please select the unmute feature on your device hi good evening mayor pro tem and

council members my name is Paul Moreno and I'm with the iron workers local 433 and I'm calling in support of, you know, agenda item 75A.

You know, we have ironworkers, you know, I work in a partnership with the welding technology department over at Santa Ana College. And these are the projects right here where we can take our graduates from the welding department in Santa Ana at the college and give them the opportunity to work right here at home. And these pathways are what we need to give the residents this opportunity for their careers. We also have the MC3 program through the building trades at Santa Ana College.

And again, these are the jobs that put the local residents from Santa Ana to work. so uh besides our members who reside in santa anna uh you know we would love to have them work here at home instead of having to commute but the biggest thing that excites me about projects like these and especially with the the community workforce agreement is uh you know taking these students male and you know and female right from the local college and putting them to work right here in their backyard and that's what it's all about so thank you thank you

caller with zoom ID Jordan Sisson please select the unmute feature on your

device good evening honorable mayor council members my name is Jordan system I'm a sequel and use attorney speaking on behalf of local 11 who has some serious concerns about this project's FAR and density calculations. These concerns were expressed in a comma letter sent earlier today that included expert comments from a land use planner. Before I begin I just want to first thank Madam City Attorney for speaking with us earlier today about these concerns. We really do appreciate that time. As explained in our letter today, the project here is receiving FAR height and parking and other waivers based on improper density calculations.

Without getting bogged down on the details, in short, the project calculates its base dwelling units, which is 90 dwelling units per acre, across the entire 1.4 acre site. Yet, it ignores the fact that a hotel uses roughly a third of the site. This is fundamentally inconsistent with the city's general plan for mixed use projects. If properly calculated, this project would be entitled only 113 dwelling units. That's inclusive of the bonus affordable units. Yet the project is getting 171 dwelling units with a free 75 room hotel, which ultimately

short changes the city of affordable units. Additionally, as we expressed in our letter, the waivers granted for height, FAR, massing, and parking relief is really unnecessary here given the dwelling units could be accommodated on the hotel site. So too the parking could be provided in subterranean levels. However, the subsidy report relied upon by the city is entirely silent while the hotel project is financially necessary here to provide for the affordable housing units. It simply does not square. Furthermore, as referenced earlier, the hotel could be converted into residential use if the

hotel is not financially viable in five years. This alone suggests the hotel is not financially necessary to make the affordable units feasible. It also prejudices the city's ability to impose project changes and mitigations in the future. This is not a complex issue. We all know that once the project is built options will be limited for the city. In sum, all these issues here regarding this project ultimately means less affordable units for the city. Local 11 desperately wants to work with the city to resolve these issues. To this end, we respectfully urge the body to

continue the matter until the city has an opportunity to address our comment letter. Let staff let this honorable body digest those comments and really give it a fair airing. As highlighted in an earlier item discussed tonight, these project approvals can place the city on the hook for litigation costs and nobody wants out here especially local 11 please provide a brief pause so the city can work with local 11 to address these issues thank you mr. mayor honorable council members in the entire hard working staff for your time tonight thank you thank you

a lorena usted puede hacer su comentario de tema de audiencia pública

si buenas noches My name is Corina Palacio, I've been in the area for 17 years, I work in the hotel industry as housekeeper. No should we provide millions in subsidies.

I'm going to ask the session of our public lands in 3rd and Broadway. This project could be very different, could be able to get income to long term or to get income to a long term or to get something that really benefits residents.

now we have the translator who will be speaking

My name is Lorena Palacios, and I've been a resident of Santa Ana for 17 years. I work in the hotel industry as in housekeeping, and I don't agree with giving millions of dollars in subsidies to developers. I oppose giving this money. We could use this land for other projects that will give us long-term income that would be better for the residents of Santa Ana. The city is suffering with COVID now, with a housing crisis, so I urge you to vote no. Thank you.

Thank you. Caller with Zoom ID.

Jones.

Zoom ID with caller Jones.

City council members, Mr. Mayor, good evening. My name is Ada Tamayo-Jones. I am an organizer with UnitedHear Local 11. I represent many workers that live in the city of Santa Ana, and they urge you to vote no to the giving away of the public lands this project will benefit just a group of workers but not the community as a whole only line is a precious resource keep it in the public thank you thank you

caller with zoom ID Carla Juarez hi good evening I'm Carla Juarez I'm long time a resident banana and opposition of 75 a the reason why I'm in opposition is because the jobs that that we know trying to promote with this and not guarantee that they're going to go to san and their residents the housing that it's very little compared to like the whole is not a guarantee that's going to go to san and residents and also

um the money that's going to come i think san and has an issue with our budget i don't think i'm selling our public land is the best thing to do in order to get money if we have an issue with money then we need to look at our budget and see where we can cut funds especially since a lot of it goes to the police department i think we could cut funds there first you know i'm concerned that my cara caribou industries has a lot involved with santa ana development so to me um i guess the ymca

which um it's we gave it away as much as the house our house buddies the Orange County School of Arts original likes and there's also others are currently in the works and I'm trying to look for that but I mean that should raise the red flag I honestly think that it would be more beneficial to the people around that area to have just a green land or like a green space instead of anything like luxury homes because they won't be able to afford to live in there or go to the hotels like it has public lands

is meant to be a public benefit having luxury homes is not a public benefit having a hotel is not a public benefit if we're doing it to get the money then we should look at our budget and cut our costs are cut on our budget and not sell our public land and also it's already been shown that the areas around there have many families have been displaced because the rent has gone up and because of La Cuatro is not La Cuatro anymore that downtown Santa Ana or downtown Norwich County is not La Cuatro anymore many families have been displaced and I mean we won't forget that because

it still hurts we already bought the monorail i mean the oc streetcar like we need to santa ana residents have the solutions in the city council members that have been elected to be there is to voice the residents of senate and not 15 seconds left uh based on your own interest remember we don't want career politicians we want someone that is there for the residents Thank you for my time.

Thank you.

Thank you.

Zoom caller ID with Maria Rodriguez. Please dial your unmute on your Zoom webinar.

Maria Rodriguez, you have successfully unmuted your call. You may proceed to speak.

Yes, can you hear me? Yes, can you do your comment? my return

I live in Santa Ana for 25 years, I work in the home of the hotel.

Now our city is suffering, we are facing COVID-19 and a crisis of housing.

We need resources for the community, not for the access to public land, that belong to the contributors as part of the and the tendency of the combustibles and the council. No deberíamos ceder nuestros terrenos a un desarrollo para construir cadenas hoteleras. Muchas gracias.

Gracias.

Now the translator will translate that.

My name is Maria Rodriguez. I've been a resident of Santa Ana for 25 years. that work in the hotel industry, and the city is suffering currently with COVID, and we are experiencing a housing crisis. We don't need to commit resources. We need our community resources. We do not need to give our public land to other people. Don't give our land to developers to build hotel chains.

Zoom ID for Reina Gonzalez. Please select the unmute feature on your device.

Persona con la llamada Reina Gonzalez, por favor marque el micrófono para reactivar su llamada.

We need resources for the community, not for the section of public lands. The lands of public lands belong to the contributors and should be used for construction, such as parks and tiendas of food, or should acquire the land to have long time resources. The long-term, the Council should not cede our land. Please vote no. Thank you for your time and for putting your attention. Thank you very much for all of you.

Good evening. Thank you.

Good evening. My name is Reina Gonzalez, and I'm a Santa Ana resident. I work in John Wayne Airport for 20 years. The city is suffering with COVID and with a housing crisis. we need to keep our community resources not seed them to public seed or public land to people that this belongs to the taxpayers to build parks to build stores to build some something that is going to give us long-term resources the City Council should not give the land away we please vote no thank you for your time and thank you for listening

Next caller with Zoom ID, Rick Vasquez. Please select the unmute device on your device or the microphone on your device.

Rick Vasquez, please select the microphone or the unmute feature on your device.

Rick Vasquez, please select the unmute feature on your device.

zoom ID caller Rick Vasquez UA local 709 hi you've successfully unmuted your call go ahead and you may proceed to speak

Rick Vasquez you have successfully unmuted your call please proceed to speak

Rick Vasquez, you have successfully unmuted your device. Please proceed with your comment.

Caller with Zoom ID Thomas Drennan, please select the microphone to unmute your device.

Caller with Zoom ID Thomas Drennan, please select the microphone or the unmute feature on your device.

Thank you.

Caller with the last three numbers 752, please select star six or your microphone on your device to unmute your call

caller with the last three numbers 752 oh you've successfully unmuted your call

yes children system all the other comments you can be zoom awesome much

sorry I could not mix I could not understand what you said can you repeat that

okay mayor that's all the callers we have all right i think that last speaker said he didn't need to comment um that's what i understood so uh given that uh let me bring it back to council but But first, as I was saying right now, yeah, yeah, yes. If there's nothing else, public hearing is closed, then I'll bring it to council for consideration. And I'd like to take the chair prerogative on this one and make a motion to approve staff recommendation. Is there a second? And then we'll comment.

I will second, Mr. Mayor.

Thank you. Comments from council members?

Phil BacerraItem —

Mayor, this is Council Member Becerra. I just want to thank staff for the hard work that they've done. I know that this has been a very long and challenging process, and I want to applaud their efforts on this. I think this is going to be a great shot in the arm for downtown Santa Ana. One thing I want to ask staff is as we see more of these projects, What I really like is that, especially since COVID, as Southern Californians, we are blessed with such beautiful weather. And we celebrate it, but I don't think we really celebrate it enough.

Phil BacerraItem —

And here we are with these structures that we're bringing in, with the rooftop amenities. And I just hope that as we see more of these projects come through, that we have more of them with this type of amenity. I think that the architecture on here is bold. I think it really stands out and for a capital city like Santa Ana is in such a county like Orange County I think that this is the type of project we do want to see and it's a great public-private partnership and I for one will not be sad to see that parking structure go it definitely was something I think maybe

Phil BacerraItem —

we'd want to invite the kids from UCI to study as far as the science of it as far as how it worked but going forward I would like to think that what will replace it will be spectacular and I think it will be a great addition to our downtown so with that I'll be supporting the motion to approve thank you our

council member any other comments council members mr. mayor this is

councilman Jose Solorio yeah I go ahead thank you I liked what college trustee Hannah said you know when we talk about we're giving away public land the reality is it's not really available land it's a very old antiquated parking structure that divides the downtown that that's dark that has many known issues with it and it would cost millions to improve that at 60 city taxpayer expense instead we see a very good public-private partnership that really has been vetted over the past seven years so there's no rush to judgment on this

And I think every year, slowly but surely, the project actually got better. And so this, particularly as we get ready to start another unfortunate COVID season, you know, this is a great time to seize this opportunity. We're going to get housing, including affordable housing. We're going to get a hotel. We're going to get more revenue for city services. We're also going to get construction jobs as well as permanent ongoing jobs. and as more of our families are worried about rightfully so not just the public health aspect of kovat but the economics of it you know having these jobs would

be good I'm pleased and I know I've been talking to mr. Mike here over the years about the importance of community workforce agreements and the city has taken a lot of leadership in that and I'm very pleased that there's been that commitment on this project I know that hotel and restaurant workers apparently have some CEQA complaints or concerns but I would suggest to them that if a hotel gets built there will be hotel and restaurant jobs if this project does not get built there will not be hotel and restaurant worker jobs there so let's

just keep working on this to make it a better project and I think at the end of day that's what they're looking for as well and so I'm mindful of that I do want to thank our city manager Christine Ridge because mayor Polito is correct early on this was one of the projects that we had a you know revive and work on to make it better and she led that team with bringing in outside resources and internal staff now and really do want to thank you know Christina for that you know Judson, Steve, Mann obviously and everybody else involved and

then I want to give a special thanks and recognition to Mike here I know sometimes it's easy to pick on the developers but you know what I was here in the years where the downtown was dead nothing was going on no one would invest no one would turn around old buildings and he did a number of things you know He did the original mics, OSHA, restored the Masonic Temple, a number of projects. And really through that, he's helped many families and children realize their dreams right here in Santa Ana. And he continues to do good work.

This is not an easy project, so I wish him and the staff well in moving this forward. but I do think on the whole this is a this will be a great addition to the downtown and again I rather do a public part private partnership like this rather than you know invest millions of dollars just to just to fix an old parking structure with no additional value with that I'm very enthusiastically in support of this project thank you mr. mayor

thank you for those comments other comments council members

i think we need a roll call vote mr mayor

correct correct but let me make a couple comments and i'll call for the vote But if I could do this 20 times over, I would. What are we really doing here? We're taking 1.4 acres. It's really a very small amount of land. We're not going to turn into a park. It's got a parking structure on it, a parking structure that currently does not work. And what are we doing? We're developing a modern parking structure, bringing in more retail in the downtown, bringing a hotel that we all hope is going to work. and I believe it will. And I think it's going to reposition the downtown. Again, I think we're giving nothing up.

We're giving up a piece of land that would be a burden if we were to do something like this. And we're getting a developer through a private-public partnership to invest hundreds of millions of dollars. By the end of the day, this project is going to be in the hundreds of millions of dollars. It's going to redefine the downtown. again if we could do this over and over and over again we should and especially with a streetcar coming down the street I hope one Broadway Plaza becomes a reality it will complement all those projects and redefine you know the

downtown in a very positive light so with that madam City Clerk roll call

vote please councilmember Becerra yes councilmember Mendoza yet councilmember Pena Lusa no councilmember Solorio mayor pretend Vegas yes mayor Pulido

yes motion carries five oh so congratulations to the developer and to the city staff and and everybody you wait and watch it get built it'll be a great great project so with that what's the next item madam city clerk public hearing item 75 B okay I now open up the public hearing on item 75 B and I invite the staff to make a presentation and do we have speakers on this item madam

clerk we do have three and then before hearing the callers there was only one protest submitted representing five percent of the total assessment and the city requires 51 percent of the total assessment protest therefore it was not

a majority protest okay just a quick question for the city of attorney should i have seen on this madam attorney uh due to the muffler shop over on for on uh on first street

Sonia R. CarvalhoItem —

mayor i i don't know how far away that shop is from the project but you have always participated and i don't have any reason to believe that you would have an actual conflict all right

all right let's participate then let's proceed can we have a staff presentation please and then

we'll take the three comments certainly mayor we do have a presentation prepared if you need it as this item is to conduct the public hearing as and as reported by the city clerk there is not a majority protest for it so the action that staff is recommending that you take is to adopt the resolution confirming the establishment of the Santa Ana tourism marketing district of course after you've taken public input all right let's hear from the three speakers

please okay before opening up the cause I'd like to announce that we did receive emails we received two in support from the Chamber of Commerce and Orange County Business Council and one in opposition the protests submitted by Best Western Plus Orange County Airport North and with that we did lose one of the callers so with the caller with the last three numbers 4 3 5 if you would

please dial star 6 or select the microphone to unmute your call from your device can you hear me yes we can hear you please proceed with your comment

okay thank you hello mr. mayor and council members my name is Jonathan mayor and i represent uh main place mall um are roughly 170 businesses i'm also on the chamber of commerce board of directors and i'm the co-chair of the economic development council for santa anna you know this item 775b which is the creation of the tourism and marketing district is an initiative of the santa anna economic development council so i mean i don't think i need to go into much detail because it sounds like we're good to go we have over half over the the majority of the hotel is already on board and I think everybody understands how important it is

to the city to help the image of the city, to help the business of the city, and coming out of this global pandemic to really help the hotels increase occupancy. So I just wanted to chime in here and say that the business community is fully supportive of this and we definitely appreciate the support of the council as well. Thank you.

Thank you. Caller with the last three numbers, 994 please dial star six to unmute your call or select the microphone from your device I think I'm unmuted can you hear me yes we can hear you you may proceed

with your comment okay great thank you okay mr. mayor and members of the council Dave Elliott president CEO of your Santa Ana Chamber of Commerce I couldn't agree more with with Jonathan had just shared you know we've been working on this project for well over two years. I do want to thank Mark Morley and Jonathan and Jason Cure who was the other person on the call a couple hours ago but he's one of our general our general managers of the one of our hotels the Doubletree had an emergency so we had to get off the call. One of the things I just wanted to share with you that is something that we just kind of

but recently in preparation for the possibility of the district being approved, we started talking to some of our general managers of our hotels, especially our top six revenue producing hotels about being on the board of directors for the district if it's approved. And what I'm excited to say is that of the six that we asked, all six have agreed to, if the resolution is passed and we have the establishment of the Santa Ana Tourism Market District, all six of them would serve on this board of directors starting in January.

So besides dealing with their own self-assessment of the district, they're willing to put time and energy into making the district something that's very, very important for the city of Santa Ana. So we wanted to share that with you tonight as well. And I did want to make a comment, but council member Mendoza and council member Villegas thank you both for your service to our country to our city just want to thank you for just in your comments and I think council member Mendoza I think you're going to be speaking with our chamber board on Thursday morning I hope you'll

talk a little bit about your your work as a public servant but also your service to our country as an Army veteran as well. With that, I will close and just say we hope that you will approve this tonight and we can move forward in 2021 with a new program. Thank you.

Thank you.

Thank you.

Caller with Zoom ID. I think I may have one more. Caller with Zoom ID, Carla.

Horace, please select star six or unmute your call. Did you want to speak on item 675B?

No, I want to put it in the comments, but I think the comments were blocked. Yes.

Thank you.

Mayor, that was the last caller.

Thank you. Let me close the public hearing and bring it to council for consideration. Is there a motion to approve?

Mayor, motion to approve? Second.

Thank you for that. I think you have two seconds there. So hopefully there's a lot of enthusiasm for this. I think it's going to be great for the city, and I want to commend the Chamber of Commerce in particular for, you know, for pushing such a strong initiative and obviously the business community as well. So if there's no more comments, roll call vote, please.

Councilmember Becerra Councilmember Mendoza Councilmember Peñalosa Councilmember Sarmiento

Councilmember Solorio Mayor Plotan-Vegas Mayor Pulido Motion carries 7-0

our next item Adam Kirk is that a DA or what's our next item it's the special housing authority meeting right that's a DA 88 all right let me let me now let me now bring the housing specializing authority meeting to order roll call vote

please I mean a roll call authority member Becerra here authority member Mendoza here authority member Pena Lassa present authority member Sarmiento Here. Authority member Solorio?

Present.

Vice Chair Villegas?

Present.

Chair Pulido?

I am here as well.

Do we have any public comment for the authority?

We do not have any public comments.

We don't have an excused absence. Do we have any action?

We do not.

All right, so if we have no action, let me adjourn the meeting then.

Excuse me. We have the joint session.

And then we have item number two on the joint session, correct?

That's correct.

All right. Do I have a motion on that? So moved. Second.

Roll call vote, please.

Authority member Becerra?

Yes.

Authority Member Mendoza? Yes. Authority Member Peñalosa?

Phil BacerraItem —

Yes.

Authority Member Sarmiento?

Yes.

Authority Member Solorio?

Yes.

Vice Chair Villegas?

Yes.

Chair Pulido?

Yes.

Motion carries 7-0.

Thank you. Are we now on item 85A, is it?

Yes. And, Mayor, before you proceed with 85A, I did want to indicate that I did have also received some communication by email. Three were in opposition, and they were Santa Ana residents or business owners. And then we had one Santa Ana Chamber of Commerce who just thanked the mayor for years of service and support.

And that's all. Mayor, if I may, you need to adjourn the Housing Authority meeting and convene back to City Council.

All right. That meeting is adjourned. and now we're back to the city council meeting agenda 85a mayor if i may make a quick comment

Sonia R. CarvalhoItem —

before we get started i just wanted to announce that to the mayor and council members as this item may impact a contract that i currently have with the city i'm going to step down from acting in my official capacity as city attorney for this item we will have on the line our chief assistant city attorney laura rosini so she will advise on any procedural matters or if you have any questions but I will remain available as an individual to answer any questions that you may have.

Thank you for that. Let me also state that I received a communication from Council Member Mendoza, and it's my understanding that she wants to make a statement, but after a statement, she's going to withdraw the action. So if that's the case, this might be a very quick item. Council Member Mendoza, please.

Thank you, Mayor. I would like to clarify that this issue is not a personnel issue, nor does it reflect on our current city attorney, Sonia Carvajo. It doesn't reflect on her performance evaluation. So about three months ago, I requested the backup data from our city manager and city attorney, and I apologize to our city manager that I was not clear with the purpose of my request. My intention is to save our city money and to bring to help to bring our

budget to a more balanced level. It is not my intention to fire our city attorney and I actually encourage attorney Caravajo to apply for the position if council elects to go to an in-house attorney method. So to attorney Caravajo, to the mayor and my fellow council members, our voters and the public who are listening now, be assured that no one requested, demanded, threatened, or intimidated me into putting this issue before you. I am no one's puppet on any item on our agenda. As a matter of fact, I have been harassed, intimidated,

and threatened to remove this item from our calendar. It is offensive to me that someone abused my relationship with a state elected official in attempt to have me withdraw this item. I have a judiciary obligation to the voters who elected me to represent them. I promise to look at areas where the city can save money. I will be looking at other departments also. But for now, the city attorney's office is one area where we can explore to determine whether to keep business as usual or whether to go back to an in-house attorney process.

I was elected by the voters to make some difficult decisions during this dire time, such as the time when the city council elected to transfer our fire department operations to the county of Orange. In this instance, I want to explore having our legal work done with an in-house attorney rather than a private firm. If we choose to stay with a private firm, then we need to determine whether the city is getting competitive pricing. And I emphasize that this is not a reflection of attorney Carvajo's performance. And if counsel elects to go to an in-house method, then she is encouraged to apply for the position.

So attached to this item is a ledger of legal fees prepared by our city attorney that reflects costs that the city of Santa Ana has paid out for the outside law firm services. I asked staff to analyze the financial data of our present-day legal operations such as litigation costs, outside law firm expenses, and attorney fees, and to include a comparison of the same legal costs and fees when the city had an in-house attorney who at that time was Joel Fletcher. however i noted that the led sir does not contain the data as to what the city was paying in legal

fees when we had such in-house attorneys thus it is not possible this time to make an informed decision on this critical issue it is my belief that in the long run the in-house attorney method would mean thousands of dollars in savings to our city and to our residents i asked my colleagues to support this issue to save significant dollars for our city and to help balance the budget as it seems that this fiscal year the city is already about 20 million in the red since we do not have enough information tonight I am pulling the item to be continued to a future date when we have proper comparison numbers

to make an educated vote all right so with that is Tara will allow you to pull the item and a new City Council can take it up at your decision and in the future if you choose to do so so with that what's the next item madam city

clerk please we're on city manager's comments go ahead city manager's

comments please thank you mayor I do have a couple comments first I just want to point out that yesterday under the order of governor Newsom and the California Department of Public Health our county was moved into the purple tier which is a more restrictive tier and it does impact industries and activities in our county the measure was in effect 24 hours from his announcement which was yesterday so I encourage Santa Ana residents to visit the state's website it's kovat 19.ca gov and they can find out what activities and businesses are permitted to continue to operate and those types of modifications that they need to have.

I know we're going into a holiday, and as the holiday season is coming up, I know people want to visit family and friends, but we do encourage them to always take the precautions and wear a face mask and make sure that they're aware that there is a travel advisory to encourage folks to stay at home to reduce the spread of COVID. At our own city, we have a large number of employees, and since the government is an essential service, We have continued to work throughout all of this time. It doesn't matter which tier we're in, the government services have to be provided.

And we certainly have seen an uptick in the COVID cases among our employees. For example, from June to October, we only had non-sworn employees, eight of them, that tested positive. But from the beginning of November to present, we have had 10 employees test positive. As a result of those positive tests, we have actively engaged in contact tracing, testing another 89 individuals. Unfortunately, of those 89 tested, only one was positive. And just my usual update on the CARES. We have now distributed over 275,000 face masks.

Our pandemic support hotline has assisted over 5,000 callers. and we have provided close to $4 million in business grant assistance. And our mobile resource center has visited, they completed the visit of over 100 city neighborhoods and park locations, bringing the aid directly to our community and to those residents. We have almost conducted 12,000 free COVID tests for the residents, and this week there are two additional mobile resource centers scheduled. Tomorrow our CARES team will be at Memorial Park and then Centennial Park on Friday. Both events go from 12.30 to 7 p.m.

And we most recently entered into an agreement with UC Irvine. We partnered with them to provide COVID-19 antibody testing and data modeling so that we can track the spread of the virus in our community. The antibody testing checks for COVID-19, it tests for antibodies in your blood, which may tell if the individual has already had COVID-19 in the past. In the following weeks, many of our residents will be contacted by UC Irvine representatives, and they will be visiting local neighborhoods to offer the antibody test to entire households free of charge,

and each participating household will receive their antibody test results in the mail. If the residents have any questions, there will be a number that they can call. At the conclusion of this, UCI Irvine will be preparing the city a data modeling report that will give us insight as to what areas in the city that we still could have a potential spread and what areas where it has already saturated the community so we can plan and deploy future resources accordingly and that is

it thank you just one suggests on that madam city manager for those that have email instead of providing the results through the US mail if we could you email them to people that have email available I think that would be a wise thing to do counselor Becerra please

Phil BacerraItem —

Thank You mr. mayor thank you madam city manager for those comments it you know it gives great reassurance to our community that the city has been doing its part to try to help flatten the curve and try to tackle this issue that's impacted so many of us. I wanted to, you know, speaking of COVID, one thing I wanted to ask our folks in PD to really start to really look at some of the businesses that, you know, I'm getting calls from many constituents that are alerting me to businesses that are just

Phil BacerraItem —

essentially flaunting the safety precautions that we need to see taken in order to reduce the spread of COVID, whether it's at our malls, whether it's at restaurants or businesses. Now that the governor has moved Orange County in its totality down to the purple tier, we need to really step up enforcement. And my hope is that PD will take extra precaution on it. I know that there are plenty of things that occupy PD's times, but I think given the seriousness of the pandemic my hope is that there will be some attention paid to that

Phil BacerraItem —

another issue I wanted to bring to PD's attention and I think it's something of really I'll say grave concern and that is folks standing in our medians whether they're panhandling or whether they're attempting to sell various items I'm all for capitalism but I'm also for safety and I do not want to see somebody perish because they decided to stand in the middle of a median where you've got maybe three feet worth of width of a curb, if that, and you've got many cars zooming by at God knows how many speeds. It's just a dangerous situation, and I hate to say it, but I have seen some of our officers pass by it

Phil BacerraItem —

as if it's another piece of the landscaping, and those folks are going to get injured. I'm not asking for arrests. I'm asking for just simply warning these folks and having them removed from the medians because I just think it would be terrible to hear of somebody passing because of that. I do want to take the opportunity since Veterans Day passed between council meetings, I wanted to echo some of the sentiments we heard from some of our callers and thank our Mayor Pro Tem, Villegas, and Council Member Mendoza for their service in our nation's armed forces and to all those in Santa Ana who have served our armed forces as well.

Phil BacerraItem —

and with that coming up will be thanksgiving so i want to wish everybody a happy thanksgiving but you know just to echo the sentiments i want to make sure that everybody celebrates responsibly and takes very seriously what we're hearing out there in regards to the elevated cases in covid let's not be irresponsible but let's enjoy the family that we can enjoy but please celebrate responsibly thank you very much thank you counselor Mendoza please

sorry about that I I knew that myself yes I have some some points here on the sanitation meeting that I attended in October. And so I just want to update council and mayor on a few of the projects that have taken place. So the Orange County Sanitation District is one step closer to constructing its largest project to date. It's called a Head Works Rehabilitation Project at plant number one. It is the heart of the plant and it is the first point of entry

for about 120 million gallons of wastewater that reaches plant number one every day. The project includes major rehabilitation, new structures, and demolition of existing facilities with a construction value of $293 million. The seven-year project will issue the construction notice to proceed in March of 2021 with a groundbreaking to take place during the summer. sanitation department is also working on a food waste facility project and the request for

information was issued last month to evaluate the type quality quantity and readiness of food waste feedstock available to orange county sanitation department that will help the local jurisdictions such as santa ana meet state mandate to reduce the amount of organic materials entering the landfill responses to the rfi were received in october and are being evaluated the receiving facility design is complete and will be advertised for construction in december of 2020 with construction projects to

be completed by september 2022 which is well in advance of the 2025 deadline set by the state we are moving the effort to move to demolish the four buildings that currently sit on the future side of the headquarters building in fountain valley the site will be prepared for construction of the new building set to begin in the fall of 2021 and while a design of the new building was substantially completed earlier in the year flexibility was built in to allow for updates to be made to comply with new guidelines, standards, and codes resulting from the current pandemic

that have yet to be provided. All safety measures and precautions will be made as we continue to move forward with this project. And lastly, don't forget that the Orange County Sanitation District has virtual tours. They continue to provide behind-the-scenes look at the operations through of the pandemic. OCSD is offering virtually guided and self-guided tours in lieu of physical tours, which had been temporarily canceled. The tours showcase how the sanitation department provides essential services and continues to serve the Orange County community.

The public and you are invited to sign up for a tour at www.ocsd.com forward slash tours. That is the end of my report for the sanitation department. And I wish to give thanks to all the veterans and my colleague, Mayor Pro Tems Villegas, for the service to our wonderful nation and the continued public service that he has given to our beautiful city. thank you a staff for all the hard work and good night to everyone thank you for

that the councilman Benja Loza please thank you mr. mayor I just wanted to

David PenalozaItem —

well keep it short wish everybody a happy Thanksgiving and highly encouraged to all our residents listening our staff if you can first of all don't have a crazy gatherings, but if you can order your Thanksgiving dinner from local restaurants, help out your local restaurants. I know there's a lot of nearby restaurants in the city that are selling fully cooked meals. It'd be really, really good if we could help wherever we can and support these local small businesses during Thanksgiving. With that said, I just want to thank staff. I know there's a lot of good work being done.

David PenalozaItem —

I communicate with the city attorney all the time about all the good litigation that's getting done, that's been on the back burners for years, and we're moving it forward and getting it done. So we're excited. There's a lot of good things happening in our city. And with that said, I also want to just wish our city attorney a happy birthday coming up later this week. Right? No? Yes?

I made a mistake.

David PenalozaItem —

It's on my agenda. so somebody did that by mistake so I take that back happy birthday

councilmember Sarmiento please yes thank you mr. mayor and you know I am I'm unfortunately gonna have to say a couple of things later on we're gonna be a journeying in the memory of two people that were very special to the city so before i begin those i just wanted to echo some of the comments that were made previously on the current spike that we've had in covid cases here in santa anna so you know i'm really really troubled by this because i know it's impacting so many families so many businesses and i want to appreciate all the good work that staff has done to try to keep these levels low there's been

some good news bad news sort of things the good news is that we have this effort through the cares Act where I understand that yesterday at Madison Park or the day before we had over 400 people go and get tested so that's amazing right that is good news uh you know to offset that good news with bad news is that our positivity rate is up around 15 percent relative to what the county is at which is about five so those are troubling numbers for us and we know that our families are disproportionately impacted our businesses that were just starting to get themselves ramped

up even at a 25 to 50 percent clip was making them you know viable so I want to repeat what was said you know just because we need to drive it home to everybody look we this is this is the moment that you know and this is the season that we're supposed to be celebrating with people we love and people we care about and gathering and this is just not the time for that and we have a lot of things to be thankful for and one of those is just making sure that we protect ourselves and we keep ourselves safe. So to the extent that we can encourage people to maybe just pass on it for this

year as we passed on so many other things, high school graduations, parties, ceremonies, things that are really dear and important to us, this is one more season that we're going to have to, you know, let go and just wait till a better 2021. So, you know, I do want to also just be thankful for people in Santa Ana who just voted at a very high clip and participated in a historical election. By Monday, the day before the election, more than 50% of our residents and voters had voted already. So what we did here to make sure that there were enough drop boxes, voting centers,

that really worked in a pandemic to have numbers as high as those. People participating in the democratic process is amazing and the majority of those folks that had voted early were between 18 and 35 so that means that our young people really got excited and participated and that's what we want to see in a democracy is full participation so i know the county is about at 85 those are astronomical numbers for people to get out and vote especially under these conditions so you know props to everybody who helped you know at the registrar's office and i know we had the

registrar's representative here so props to everyone here to make sure that we made a safe process for people to vote and hopefully you know at the national level they'll they'll see what we did here and you know you know pay attention to smooth transitions and good things and you know congratulate those that went on and congratulate those that participated so the final thing before I begin the two the two biographies on the folks that we're gonna adjourn in memory of is I know that we had a well that we had to take offline because because of a contaminant called PFAS and that was well 38 which is located I

think on Cambridge Street since then we've had three other wells that have detected this contaminant and it's a very very small presence it's like 20 parts per trillion but nonetheless out of an abundance of caution our Public Works Director and I agree with him very much and the Orange County Water District are going to be taking those additional three wells offline so they are no longer providing water service to us which means we have to purchase imported water which is about twice the cost but what we can tell you is that the water district that the Orange County Water District we've already begun well

head treatment for well 38 and we'll be doing that for those three additional wells so we can get those back online and you know and continue pumping water from the groundwater because that is the most inexpensive safe way to get our water for our city finally I just want to adjourn in memory of two people who when I knew very well when I knew very little but I had the privilege of knowing his daughter and his name is a Vernon Vern Renard Napier and he was born on November 12th in 1941 in Tulsa Oklahoma and he was the first of three sons of Vernon and Rosetta Napier Vern's father Vernon relocated the family to

Orange County in 1942 when Vern was only six months. Vern and his two younger brothers, Fats and John, were active kids. Vern joined the Cub Scouts, Boy Scouts, Explorers, and eventually moving on to the Civil Air Patrol. He played football, basketball, and was in the band, high school marching band. He graduated from Santa Ana High School in 1960. Upon finishing high school, he enrolled at Santa Ana Junior College and worked in jobs that satisfied his interests as a gearhead. Vern was drafted to the United States Army in 1964, eventually serving in Vietnam as a

radio operator from 1964 to 66. Upon returning from Vietnam, he went back to college and his old job. Vern married Jean Marie Alderson in 1973 at the Johnson Chapel AME Church on First Street. They had their first daughter, Amanda, in 1974, followed quickly by their second daughter, Amy, in 1976. Their third daughter, Allison, arrived in 1979, and she was the person I met. We knew her as Allie. She was a very good friend of former Councilwoman Michelle Martinez, and I had the privilege of getting to know Allie well. The long-awaited arrival of their only son, Matthew,

came in 1983. After years of working for others, Vern started his own operation in 1980. While running his own business proved trying at times. Vern stuck with it until his eventual retirement just a few years ago. Vern enjoyed flying electric airplanes, spending time with old friends, talking politics, and keeping the creative energy flowing in his hobby shop, picking up projects here and there, and restoring a 37 Chevy Coupe. Vern is survived by his wife, four children, and eight grandchildren. So to the Napier family, we send our condolences. He lived a very good life, and I know Allie in particular,

somebody who's just a great person. I know she's missing her dad these days. The other person who I'd like us to adjourn in memory of, his name is Fabio Pena, and some of you may know Fabio. He was the president of the Federación Michoacana. He passed away just last week. He was 66 years old. He was a very frequent presence at the Mexican consulate because he represented the state of Michoacán with a lot of energy and with a lot of dignity. His dream was to have a Casa Michoacana here in Santa Ana,

which would be a community center for the folks from the state of Michoacán. What I didn't know about Fabio and what was told to me by his two kids and his wife was that he was a soccer player when he was a young man, and he played with America, which is a famous soccer team in Mexico City. He also loved to play the guitar and sing, and you wouldn't have met a more gentle soul than Fabio. He was somebody who spoke very softly but always had good things to say and was always ready and willing to help those that were in need. and we are going to miss him because he had so many good projects that he worked on in Santa Ana.

He inspired so many people. He was a vital role in our Fiestas Patrias parade, and he was not a resident of Santa Ana but spent most of his time here trying to inspire people to develop their culture in their different states in Mexico. So thank you, Mr. Mayor, for allowing me to adjourn this meeting in memory of Fabio Peña and Vern Napier. and with that I'll wish everybody a good night happy Thanksgiving please

everybody stay safe thank you my pleasure to adjourn in their names a council member Sarmiento imagine say mayor elect Sarmiento with that I think

what's this audio please yes thank you mr. mayor councilmember Sarmiento congratulations I know you know we sparred out via you know the internet and the mail system and you know given give you know all the all the candidates the voters chose you and I wish you well I know that you're a bright man you work hard you love the city as I do another so know that I want to see you be successful and I just wish you and your family well these next couple years and then you

know after that so congratulations very much to two other items on the cares funding I know it was kind of rolled out by the state kind of a use it or lose it you know and I commented early on that you know spending 28 million being a government of government official myself you know for a special district I know it takes a lot of effort to spend that kind of money well and diligently I know there are some things that we're tracking really well and I know there's a lot of things being processed but that the rental assistance money and the

utility assistance I think we can't promote that in enough so just keep pushing out those programs and all the the local events really help but also I know madam city manager and mr. mayor and you know mayor elect Sarmiento maybe two I know it may not be easy but via the state or the feds and I think with the Democratic administration I feel much better about it maybe they can allow for a carryover or maybe they could suggest ways that you can encumber some of those dollars so that you know we can keep it and use it you know beyond

you know late November December timeframe I mean it's around the corner you probably know much better than us that the date so let's let's really try to do that and then finally wish everybody a happy Thanksgiving I know with kovid there's a lot of hardships in town and across the country but it's also just the time for people to reflect on everything that we ought to be grateful for I I know I've been blessed being raised in this country and everything that we've accomplished. And I know my colleagues and many people in Santa Ana have achieved great things. So we have a lot to be grateful for. Thank you.

Council Member, Mayor Proden-Villegas, please.

Thank you, Mr. Mayor. So I want to thank everyone for tuning in this evening. And I just want to clarify my vote on 85A, which we spoke about earlier today, regarding rescinding a resolution that we had for a particular project that was going to take place.

I think that was 55A.

I'm sorry, 55A. Thank you. Thank you. 55A. and you know the staff recommended to rescind this and that's what I was doing following the staff recommendation I had met with the city manager I met with the city attorney and that is their recommendation and I was following it and I still believe in it I understand that my colleagues don't want to follow that they believe it's a risk it's a high risk

everything's a risk the way I see it and so anyway I just wanted to clarify that item 55a and my position on it and thank you very much that's that's my comment

thank you and what I'm going to say it is on 55a just for the record for the city attorney or anybody listening that uh i have absolutely no business relationship with anybody involved with that with that item just want to state that for the record um also i want to i want to congratulate uh uh mayor pro tem sarmiento and i just want to say i look forward to a smooth transition uh i've been talking to him about uh covid and i want to do whatever i can to help the city and

the city council you know continue to work on that issue so i'm intending just to volunteer uh in an attempt to be helpful we you know we start to do better than we do worse and it's clear that uh you know we need uh you know full strength on this pandemic issue so with that I think we got a lot of important business done tonight in particular the third and Broadway project I think is absolutely monumental and again kudos to everybody but in particular I think Mike Herr the developer and Christine Ridge who as staff came in and in a matter of a short period of time was able to accelerate

matters and get the project over the gold line so So, again, congratulations.

And, City Clerk, I want to make sure that I, you know, follow the request of Mayor Pro Tem as it relates to, you know, adjourning this meeting in memory of the two fine individuals that he talked about earlier. So, with that, this meeting is adjourned. Yes, go ahead.

No, I was just going to say that you mean Mayor Elect. I think you keep calling him Mayor Pro Tem.

like Merillac yes Merillac Vince Ramianto sorry about that mayor elect so with that this meeting is adjourned thank you have a great night