Read the March 17 meeting.

on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on on

Again, I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. I believe we have our invocation today by Dave Mitchell, our police chaplain. Thank you, Mr. Mayor. Let's pray. Our Father God, as we come before you, you certainly caught our attention. Certainly you have mine. with the many difficult circumstances that surround us in our community, our country, and around our world. God, we look to you and we appeal to you for your power, for your strength,

to be able to fight through some of the struggles that are surrounding us. God, I pray that you would give wisdom to our city council, to all of our front-line leaders that are here in this struggle with us. God, that you would bless them with the kind of wisdom and guidance and counsel and decisions that honors the needs of the citizens that are here in our community as well as around the world. Father, we look to you for the strength. We look to you for the kind of guidance that our medical team needs as well. God, I pray specifically that you would bring a

vaccine into the minds and the hearts of scientists who are able to discover ways for us to fight back the virus. And Father, I pray for the citizens who are struggling with the illness, for the elderly, for the children who are away from their school, whose parents are struggling to take care of their kids at home. Father, we pray that you would watch over all of these needs that surround us. God, that we would be attentive to ways to help, to assist, to guide, to love, to care. So Lord, we look to you for this time, that you would be that mighty God that would reveal your power and

your presence to help us to fight through this time as well. Father, I thank you for the prayer of St. Patrick, that timeless prayer that he offered so many years ago. When he prayed, may the strength of God pilot us, may the wisdom of God instruct us, may the hand of God protect us, and may the word of God direct us. And I pray that with St. Patrick's prayer in mind, in Jesus' name, amen. Amen. You may be seated.

What item was it? $55,000?

$55,000? Right.

I'm going to take things out of order. And we are going to first, I believe, Madam City Manager, which is the item we want to take up first? 55C, sir. 55C.

So we've just come out of closed session and we discussed this coronavirus in great detail in many things that we believe we have to be acting upon as members of the city council. And so what I would like to do at this time is have our city manager describe what we're doing in 55C. And I will also say that by taking this action, I'm going to dispense with an item that I wanted to discuss earlier, which was 85C,

consider directing city manager potential future council meetings, explore virtual meetings, give her direction on many items associated with the coronavirus. So that now, through an action that she's going to recommend here in a moment, that now encompasses everything. So with that, if I may, I just want to turn it over to the city manager, have her describe this emergency resolution that we're discussing, then I'll bring it back to city council for action. So with that, let me turn it over to the city manager.

Thank you, Mayor. Both the city attorney and your city manager are going to take this item. I'm going to talk about the decisions that you made in closed session that are kind of outside of this item, and then your city attorney will talk to you about the item before you as to what kind of powers and what actions it would enable us to take. So for my report out, I want to let the public know that in closed session it was unanimously agreed that public access to City Hall will be closed beginning tomorrow. So that will be in force. That doesn't impact our employees, so hopefully those that are listening can help spread the word.

So full-time and part-time employees should report to work as normally scheduled with tomorrow. Also, as part of this, the City Council meeting and the Planning Commission meetings will continue on unless a cancellation is announced, but they will be conducted virtually from this point forward to also protect the health and welfare of our council members, our employees, and our public. And with that, I will turn it over to Sonia, who will walk through the specifics of the item that's for your consideration.

Sonia R. CarvalhoItem —

So, Mayor and Council, what you have before you this evening in this item is a resolution which would proclaim a local emergency. It has a variety of recitals, which sets forth the background. but in essence if you adopt this resolution tonight what you will be doing is authorizing your city manager to serve as your director of emergency services as in that position she would be authorized to extend a variety of contracts and agreements to ensure continuity of services and to address any expiring contracts which would cause the city to lose ground on any of its

Sonia R. CarvalhoItem —

current projects this resolution very importantly also addresses the issue of price gouging in your community makes references to the penal code to prevent this from happening and will give the city attorney's office enforcement authority as well as the district attorney under the penal code in addition this if you just adopt this resolution this evening what you will in essence be doing is authorizing your city manager to use executive authority to address such things as the collection of late charges or fees and to waive such late charges and fees as she determines is necessary we'll also make sure that there is no interruption of

Sonia R. CarvalhoItem —

city-provided utilities. She would do so again under her administrative powers. She would use her administrative powers to direct staff and how it handles citations and the enforcement of what we consider non-essential type of activities in the city. And it would also allow her to work with the human resources director to allow employees to use leave balances which might not otherwise be allowable under the MOUs that she would be able to do this if those employees are experiencing hardships related to illness or caring for children or elderly folks that they have

Sonia R. CarvalhoItem —

responsibility for. In addition, this resolution will require staff to consistently communicate with the council and the public frequently. The emergency powers will remain in place until terminated by the city council. And I'm happy to answer any questions if you have them.

Okay, this is not a public hearing, and I don't necessarily want to debate this, nor I believe does the city council. I have four speakers.

Sonia R. CarvalhoItem —

Mayor, I'm so sorry. Go ahead. I did forget one part of this, and the authorization that you're giving your city manager is also going to allow her to adopt an executive order. This executive order would also relate to the executive order signed by the governor yesterday, Order 28-20. And very importantly, this would provide residents and businesses here in the city protection from eviction. It would encourage us to work with mortgage holders and creditors so that we can provide relief to our small businesses as well. And so that will be provided in the executive order to follow very shortly.

I've got four speakers. Do we have comment prior to that? If not, I'll, yes, Council Member.

Phil BacerraItem —

Thank you, Mr. Mayor. Just one quick question. Madam City Attorney, as far as rent protections, as far as any sort of rent gouging, does our executive order and resolution accomplish minimizing or eliminating that option?

Sonia R. CarvalhoItem —

We can include within the executive order that we have strict compliance with the new state law that took effect in January, which limits rent increases for individuals.

Phil BacerraItem —

So our residents will not be gouged during this crisis?

Sonia R. CarvalhoItem —

No, and if they are, there are resources that we can provide them to at the state level as well as here locally. Great. Thank you.

Okay, let me, if I may, Daniel, Cornelian, Mexi Lopez, and David Cabral, and Maria Ceja. Come on down.

Good evening, Mayor and City Council members. My name is Daniel Quirinius. I'm a local attorney, resident of Ward 4, and long-time resident of Santa Ana. I'm here to ask the City Council to pass the emergency resolution proclaiming a local emergency due to the pandemic created by the coronavirus, and I'm here to ask the City Council to support a moratorium of evictions in the city for residents experiencing financial hardships due to the spread of the coronavirus.

Section 5, subsection D of the emergency resolution, as you know, states that if the State of California does not, within 72 hours from the adoption of this resolution, provide eviction relief during this local emergency for residential tenants, city staff shall prepare and produce for this council's consideration an urgency ordinance to provide such eviction relief. On Monday, March 16th, Governor Newsom issued the Executive Order N-2820, giving local governments the authority to halt evictions for renters and homeowners.

However, the eviction order stopped short of creating a statewide moratorium, creating the need of action on this issue at the local level. Many residential tenants and commercial property owners have suffered significant economic loss due to the dangers posed by the coronavirus itself and efforts to control and mitigate its spread. To address this, officials across the nation in cities such as New York, Denver, Seattle, San Antonio, and cities within our own state, including Los Angeles, San Francisco, San Jose, and Oakland, have taken steps to protect residents issuing moratoriums on evictions.

I, and like-minded residents throughout the city, ask the council to act on this issue immediately. It is critical that this council, as many of an emergency resolution, take action since the state has not issued a statewide moratorium. People shouldn't lose or be forced out of their homes because of the spread of coronavirus. It is up to you to protect those residents. Thank you.

Sonia R. CarvalhoItem —

I would just like to let the speaker know and the public know, because I think it's really important, that the authority, if the council adopts this resolution tonight, as some changes that were made to the resolution that you reviewed, the city manager will be issuing the executive order which will operate as the moratorium to provide the assistance that you're requesting.

Excellent. Thank you. Thank you for that Madam City Manager. Mexley Lopez.

Good evening. My name is Mexley Lopez and tonight I come here in representation of Tenants United Santana. You all received an email from us earlier today, and we've also been in conversations with many of you throughout the day, putting forth an ordinance that would provide stronger protections for the people of Santana. I've heard you all mention AB 1482 that passed in January. That actually does not apply to all forms of all rental units because of Costa Hawkins. So the ordinance that we put before

you we drafted alongside the Public Law Center and it's titled Protecting Tenants Act in the City of Santa Ana in response to COVID-19 pandemic and I believe that you all would have had time to review it by now and it I we believe that it has the strongest protections that we can enact during this time for folks in our community that are losing time off work which results in not receiving payments and all the economic hardship that could come with all of that and folks shouldn't be

having to worry about keeping down at home while there's a pandemic going on so i strongly urge you tonight to please pass this ordinance. We just need a couple of votes from you all to ensure that those most vulnerable in our community are protected. I know that we're looking to what is going to be passed nationally, but we understand that most times national aid does not apply to folks that are undocumented, and we know that in our community there's a lot of undocumented folks that live here.

I also know that in San Francisco, Los Angeles, Santa Monica, their city councils have already done the right thing and they've passed eviction moratoriums. So I urge you to do the same. Thank you.

Thank you, David.

Good evening, Mayor and City Council. I just want to go ahead and read my e-comment that was submitted earlier today because I wasn't very prepared. But good afternoon, City Council. Yesterday, the Governor of California, Gavin Newsom, announced an executive order allowing city governments to implement measures that protect residents from things like evictions and utility shutoffs, alleviating some of the financial anxiety millions of people are feeling at this moment.

I am here to urge you to please execute a moratorium on evictions amid the economic hardships that COVID-19 and coronavirus, this pandemic, have brought to our communities. We ask you to act quickly in putting this moratorium on evictions and utility shutoffs as soon as possible. Just a couple of hours ago, my dad told me that, you know, they told him to go home with no pay. you know, rent is due in a couple of weeks, you know, 50% of residents of Santana are tenants, right? And so this has major effects on our community. So we're urging you to please act promptly. Thank you. Thank you for that. Maria?

Good evening. My name is Maria Ceja, and I am also part of the Tenants United Santana Coalition. I am here in support of the Protecting Tenants Act in the city of Santana in response to the COVID-19 pandemic. I would just like to say that the safety and well-being of our community should be the number one priority right now, and it should be above economic and business interests. We need this eviction oratorium that offers several protections for our community. This is your moment in which you, as the Santa Ana City Council, can demonstrate solidarity and support for the community and residents that voted you to represent them.

I would also like to mention that a lot of our members here weren't able to come and show their support due to being sick or being unable to present themselves here. So thank you. That's my statement. Thank you. So with that, I would like to bring it. I know, Councilor Finch, you wanted to speak earlier and you haven't spoken yet.

And it's really just a couple of questions. It's not really to speak on this, just to thank those who did come because it is a perilous time as well. But Madam City Attorney, these apply to anybody irrespective of immigration status, right? So we're not going to distinguish on the moratorium on who it applies to. It just applies to our residents, correct? Secondly, we're going above and beyond the Executive Order 2820 to also not only provide relief with respect to a moratorium on residential evictions, but commercial evictions as well. So that's the third point that I just didn't want it to get lost.

and we are going to see and I think a direction was given to the city manager to activate our rental assistance fund that we have available as we see needed as well.

Those were my only clarifications. All right, let's try to keep it limited. Phil, I know you already spoke. Do you have something else?

Phil BacerraItem —

Just a quick question. Madam City Attorney, one of our speakers brought up the issue about Costa Hawkins. Is that going to prevent us from executing what we had expressed that we wanted to?

Sonia R. CarvalhoItem —

Based on the state order, I don't believe so, but because we're preparing our own executive order, I will look into that issue and make sure that whatever is proposed to the city manager accomplishes the intent of the council, which is no evictions for anyone, regardless of what state laws are out there. The executive order was very clear and that it says cities can go beyond anything that would otherwise be preemption. So we feel that we have the authority to do that. So we will address that issue.

Phil BacerraItem —

Perfect. Thank you.

Thank you. Councilor Iglesias, please.

Just for clarification, when it comes to the evictions, both the residential and commercial, we are also encouraging the tenants and the landlords to have a dialogue, right? Because I don't want it to be just a free blanket. You know, everybody just doesn't want to pay their bills, and even though they have the means to do it, So it's really assessing the need that the individual has in order for us to be really thinking about those that can't make the payment. Are we making that distinction?

Because I feel that we have to ensure that they do provide sources that they're in need because they can't make the payment. Is that something that we're going to be asking them to do?

So, Council Member, the intent behind the government's executive order is really an eviction stay. So it's allowing the individuals to stay within their units and not be evicted during this unprecedented time with the virus and the business interruptions. It would not do anything in terms of at any individual tenant, you know, relieving them of any rent that would be owed. It's merely a measure to keep them in their house. Okay, and their house and their business.

Sonia R. CarvalhoItem —

And it mirrors the state's order, which specifically talks about the nonpayment of rent that's arising out of substantial decreases in household or business income.

So then they'll be able to have that opportunity to have that dialogue, so make sure that they're really in need of, because they can't make a payment because of the financial strains that they have.

Okay, thanks. Councilor Salorio, and then I'm going to recognize Councilor Peña-Lowes and let him make the motion, because he's the only guy that didn't say anything, and I want to respect that. Councilor Ember.

Fair enough. Thank you, Mr. Mayor. And really, most of these is clarification. There is one new thing that we haven't, I think, addressed as a group, but at the end, just to clarify if anything is incorrect. I do like that my colleagues and staff are really looking to the governor and all his great guidance and recommendations. and really what we're acting on today is to make that practical here and moving forward as well. The eviction thing is a very critical piece, and it really is going with the guidance in the governor's letter and rent control. Yeah, oversight over that, but as current law exists.

On street sweeping, I know we discussed no new citations moving forward, But just to clarify, and I know Council Member Pinalosa also agreed with this, that also that we waive any that started on Monday because there were issues there and people were already staying home significantly on Monday. So is that what you have in mind?

Yes, Council Member. So based on the input that I received from you and the ability, if you do adopt this resolution declaring the emergency, what I would do is through the end of the month, I would not have any citations issued for street sweeping, and then I would go retroactive back to, I believe, the 15th of this month and then pull those from the files.

Great. One more point, then the last question. I know, too, we care about our employees. They're part of the family here. you know we're shutting down public access to City Hall but some are gonna work some are gonna have maybe different schedules possibly different duties and the effort really is just to minimize you know financial impacts on our employees and I think that that is good and you'll continue to work on that the final question I have and I know a councilman Panielos also had this question I've gotten inquiries myself on cannabis stores and that really they're

more like pharmacies and health and safety and so they should be okay under you know the city's perspective and the county's perspective under our perspective yes we're not implementing anything

that would result in them to have a closure they would be subject to the health officers order that was issued today by the county of orange which would be you know they included in workplaces they don't want any gathering of a bunch of people. So that is something that they could look to for the county for further details on how to comply with that.

And I agree, but there are provisions in there about hospitals, health care, safety of the public, and many of these stores also continue to provide medical cannabis.

Correct. There's a very exhaustive list of what's considered essential services.

Thank you so much. Very supportive.

All right, now I'll call on Councilor W. Pena Loza, please.

David PenalozaItem —

Thank you, Mr. Mayor. And for once, I agree with every single one of my colleagues. So what they said, just ditto on everything that's been said. And just a little PSA, we put a little box of tissues by the microphone. If you're going to speak, make sure to use a tissue to grab the microphone. All four speakers touched the microphone and I looked over and we're touching their face. So that's, I mean, this is a crisis. We got to be very mindful and careful of where we're, you know, putting our hands and limiting that context. So with that said, I'd like to make a motion to approve. Second.

We have a motion to second. Any comment on the motion? If not, press green.

It's unanimous. It's unanimous. So with that, I'm now going to go. I don't believe we have presentations. We dispense with those.

oh we do mayor pro tem go ahead well we have a special presentation right i think we postponed

does anybody need to do it tonight

do you want to do yours special presentation go ahead

well council member iglesias is go ahead go ahead go ahead while she's walking down let me just uh say a couple words and that is that the section we just took right now you know we talked about a lot of important things you know rental assistance and street sweeping and all that but we all know the real issue is the tsunami that's approaching us it's the virus and we have to do everything we can to be safe our next council meeting is not going to be in this council chambers like this it likely is going to be online and we all have to start thinking differently until the wave passes. It can't be business as usual with a

little modification. It's got to be a completely different way of doing things. So please keep that in mind. Councilman Marie Iglesias. Good afternoon, everyone. Thank you for being here.

you know I want to thank Jen for being here this is a presentation for for Oasis Center International it's for outstanding contributions to our Santa Ana community I'm going to read a little bit of key points and then I'll have Jen let you know more of the impact that they're having here in Santa Ana especially with our students and that's where I met you when I was on the school board you the services that you provide to our students are very critical and you know focusing on it on things that it's taking us in the 21st century and beyond so I want to thank you

for being here Oasis Center International is a community development organization working in partnership with both public and private entities to bring the arts into the lives of our youth established in 2012 Oasis set out to inspire youth to fulfill their highest level of life achievement through discovery and development of inherent creative gifts with an emphasis on underserved youth in low to moderate income communities Oasis operates two programs in collaboration with local elementary and high schools and most significantly with them Santa Ana and fight school

district these programs cultivate the artistic abilities of at-risk youth while enhancing their traditional education and social development in collaboration with a boca de oro event the 2020 Oasis Arts Festival was held on Saturday March 7th 2020 at Birch Park in downtown Santa Ana the event centered to families and children of all ages celebrating the arts through the short films workshops demonstrations and special performances Oasis Center International provided a great event and continues to provide great services and commitment to our community so um Jen

so as a token of our appreciation from the from my colleagues and the mayor here in the city of Santa Ana we want to provide you the certificate of recognition which states always the center international in recognition of your outstanding contributions to the community thank you very much for all that you do I don't know what I should do right now hug you fist bump elbow but thank you thank you for everything and you know that I really appreciate everything that you do so um congratulations and I know you have a team behind you and you guys have done outstanding stuff in Santa Ana so I don't know if you want to say a few words

councilmember Iglesias and of course all this city of Santa Ana Oasis Center International is committed to bring arts education back into a public school system and we had an excellent opportunity to work here in the city of Santa Ana furthermore several other cities in Orange County and LA as well as Northern California what is really important for us is to inspire a child through the arts education and in our recent event here on March 7th are in our collaboration with Boca de Oro which is a Santa Ana Unified School District

event it was proven how children were impacted by the work that we've been doing in schools but at this time when this kovat 19 is affecting every member of our communities we're committed in bringing more resources to our students and so we're going to launch a seven-day challenge on how to keep children creative in their homes with their parents and so watch us and support us through Facebook and all the social media efforts that we're putting out there to promote the arts education and advocacy for that education. Thank you very much for this recognition, City of Santa

Ana. Thank you. Thank you, Walt. Don't stand. Six feet away. Six feet away. You're going to crop it

for us to be closed, right? Okay, cool. This is so weird.

Now what I'm going to do is I'm going to request that Council Member Becerra, you had some folks that you were going to see if they were here.

Phil BacerraItem —

Any representatives from the Veterans Legal Institute here?

Phil BacerraItem —

Alright, seeing none, I think we can move forward.

Seeing none, let's move forward. What I'm going to do at this moment, I'm going to turn matters over to Mayor Pro Tem. I have a, My father is 94. He just told me he ran out of insulin, so I'm going to go try to figure out how to get him some insulin. So with that, and in this time of this coronavirus period, especially for elderly, we have to take care of them. I also have an 85-year-old mother-in-law that lives with me. And so, frankly, I'm just going to turn things over to Mayor Pro Tem. We're probably not going to see each other in this regular setting for a period of time.

If you note, we're not six feet apart, and we hope that none of us are sick, but this is an invisible enemy. You don't know who's sick and who isn't. In L.A. County, I understand that even though they're screening a lot when they take a test, you have to have all the symptoms, something like 25% of all the people getting tested are positive. They have the virus. so our numbers are going to skyrocket so we really need to stop meetings we need to stop a lot of

activities that we do you know shelter at home in place you can go out you can go to the park you put gas in your car but don't be around other people and and and especially with senior citizens make sure you're disinfected because that's the way they're going to get it if they're already in essence sheltered, it's going to be a younger person that walks in there, walks to them, and gives them the infection. And they're not strong enough to fight this. You can look at the numbers already in many countries. Italy began about 30 days ago. They had something like 200 cases. They have 21,000 cases today.

And we're following the same curve right now as Italy. So we need to change things quickly to change that curve. and take care of each other and of all of us. So with that, I'm going to call on Mayor Pro Tem Villegas.

Thank you, Mr. Mayor. Have a good evening. We're going to move on to the consent calendar. Madam Clerk?

Actually, we skipped a special presentation from Park Security. Oh, we have a special presentation. Very good.

Mayor Pro Tem, we have our Executive Director of Parks and Rec. She's going to do a very brief presentation. There were requests by several of you that wanted to know how the success of the park security program is going. So this is the details from that.

Very good.

Good evening, Mayor Pro Tem, members of the City Council. Thank you very much for allowing me to be here this evening. I'll make this very quick, but I wanted to give you a six-month update regarding our park patrol program.

In June of 2019, the City Council amended the Allied Universal Security Contract to allow park patrol services within our parks. And in September of 2019, the implementation started. We have seven park patrol officers that have seven vehicles, and they patrol our parks, our city trails, and the Santiago Creek area seven days a week. Allied security also, because it was very important to council, put our city logo on their uniforms, on their officers' uniforms, as well as their vehicles.

and they also put light bars and sound systems or speaker systems, which wasn't included in the contract, but they went ahead and did that. So we appreciate that that has happened. We have two shifts, and one is from 6 a.m. to 2.30 p.m. There are two Park Patrol officers. They split the city west and east, and they patrol those areas. Sometimes they'll be stuck in areas that are more hot or there's issues, and so they may not get to every place, but then we will have the evening shift come in from 3.30 to 12 a.m. There are four park patrol officers at that time.

They split the city in four quadrants, and again, they monitor 45 parks over 16 miles of city trails in the Santiago Creek area. The Park Patrol submit reports on an app called Helios, and that is the software for the Allied security, as well as the MySantaAnna app. So if they're walking, as you see in the picture, and see a mattress in the creek, they're going to take a picture, and it's going to go through our system, and we'll deal with that. The activities for everything that's happening every 30 days that the Park Patrol is seeing out there

is reported on the city's website. I just want to show you we have a dashboard very similar to the homeless and there's a park patrol dashboard. It tells the community that we have an a.m. and a p.m. shift. This is how they split the city in two in the mornings. This is the vehicle that they utilize and these are the officers with they have their logo on the shirt and the car. In the evening time they split the city into four quadrants as shown here and then we have a description of what those areas are and where they're located on the map that the city or the community can follow along with

and then at the end of the i'm scrolling very quickly sorry about that at the end of the month we will put a report for example this is january 20th through february 19th 2020 there were 355 reports submitted. 279 of those went on to the My Santa Ana app and SAPD received 10 calls. Anytime the park's security cannot handle a situation, they'll call SAPD and they help them out as appropriate. And then lastly, there are top issues reported. So for that past month, it was graffiti transients and alcohol in the parks.

Excuse me.

So we continue. There we go. I continue. Sorry about that. It's okay.

And so the reports submitted, there has been over 1,600 reports. My Santa Ana app, there's been over 1,300. And calls to Santa Ana Police Department have been 86. This is a great program, and this helps augment our police department. It's not the answer. It's a piece of the puzzle. Santa Ana Police Department is very important, and I appreciate everything Chief Valentin has offered to our department. The police department is very cooperative with us, and I'd like to acknowledge Corporal Kaczoryski, who is here this evening. If you can raise your hand.

He's a very integral part of this communication that goes on between Allied Universal and the Parks and Recreation Department. I'd also like to introduce Jose Trujillo. He is also the day-to-day operations for Allied Universal, and he is the liaison to the city. And Enrique Marbon, he is the city's liaison. And so those three communicate a lot every day, and they are very flexible and work with each other. I'd also like to acknowledge from Allied Universal, Josh Warden. He's the Director of Operations. And Steve Nassif, he is the General Manager.

So thank you so much for being here, and I appreciate everything that you've done to help make our community a little safer. So I think that in addition to the Park Patrol and Santa Ana Police Department, we have our park ambassadors that are monitoring our park seven days a week. we've put our park security lighting on from dusk till dawn and then there's also one other thing i was going to work with the city manager with and it's it's a park host and it's actually people living and monitoring parks and so you might see that coming to you at a at a council meeting i'm

familiar with this program i've done it in other agencies i've worked with and it really keeps eyes and ears and observations out there in the park and helping the community be safe so thank

you so much thank you is there any questions from any council members

councilmember Iglesias the park host yes I mean what other city I worked for the

city of Encinitas and in a park and recreation district in northern California so actually someone lives at the park it could be in a building that the city owns or what I'm used to is a a trailer or a mobile home that they park And so they basically live at the park. You provide free utilities. You have their hookups for them. And then they monitor the park. So they're going out, and sometimes it's with a golf cart if the park isn't very large, or they're walking the park. And so it's just an extra person out there to speak with people and monitor the activities that are going on. Report to the police.

Observe and report to the police department. and so. And I talked to the Santiago Neighborhood Association about that because I think that would be a great place and they were very supportive of that.

All of our parks need a 24-hour presence.

Thank you. We have Council Member Becerra and then Council Member Salonio.

Phil BacerraItem —

Thank you, Mr. Pro Tem. I just want to thank Lisa for the presentation and all the work that her staff is doing. And, you know, this whole park host thing was something we'd been talking about when I had a chance to visit with her staff at her, let's see, was it Roosevelt Center? Yes. And, no, it's a great idea. And, you know, if you're not able to get into Park Santiago, by all means, Thornton Park's looking for something like that. And I think, like what Councilmember Iglesias said, I think all of our parks really need the 24 hours of observance on them.

Phil BacerraItem —

But I think at the same time, this is a program that kind of thinks outside the box, which I appreciate that you're doing and really kind of coming up with ideas to really improve the quality of our parks. And part of that comes from just having eyes on them and making sure that they're kept up to a certain level. So I'm definitely interested in seeing that program come back before us, and thank you for bringing it up. Thank you.

Thank you. Council Member Salorio and then Council Member Sarmiento.

Thank you, Mr. Mayor Potem. First, Lisa, I want to thank you for this great presentation and overseeing this program. I know about a year ago, and I remember you saying there was a need for extra security to close the restrooms or gates, evening hours, morning. We're having a lot of homeless and other issues there. Same with PD. I know that they were struggling with hiring park rangers. We have an excellent supervisor and some part-time personnel. so this program made sense and my colleagues all supported it and the same manager was very quick to implement it so very happy to see all this progress.

A common question that used to come up was yeah, but they're not PD, they don't carry guns, what can they really do? But I think we saw that 600 actions were taken, if you will and only 5% required some kind of PD dispatch so I think it speaks to the variety of needs out there and this has been very helpful I know that you know the council is very interested in having the city logo in addition to the Adelaide logo and that's very helpful I think as we continue to move forward you know something else I want us to think about is that really programs like this without measure X wouldn't be possible

as well as I know staff is you know wanting to expand the bookmobile program or at least bring it back. And so I think when we could put the city logo, it may be then brought to you by Measure X or powered by Measure X is important. I think we've seen entities that have tax measures like OCTA, the success ongoing is transparency, sharing reports like this, but also people knowing that their tax dollars funded. So I would like you to think about that for those programs. Finally, I do think that the security cameras that we have at many of our parks are working. And to the extent that we can continue to get them

at all our parks, I think they'll be helpful as well. And again, one more element under the Parks Master Plan that I know you envisioned as well that I'm very supportive as well. So thank you so much for this great report. Council Member Sarmiento.

Thank you, Mr. Mayor Pro Tem. Thanks, Lisa. Thanks for that presentation. But more importantly, thanks for all the work that you've done. You haven't been with the city all that long and you've done quite a bit. And one of the things I wanted to commend you on was we rarely get to introduce new restrooms into a park. And I know one of the parks, I think, that hadn't had a change out in their restrooms was Delhi. So thank you for that. And along with having a presence, and I'm always worried about having folks that may be in danger in the event that they're alone, just so long as we make sure that their safety is taken care of.

But speaking of safety, on the design for some of the new restrooms as they come online, just to make sure they're visible, there's no barrier, because I know sometimes a design on some of our older restrooms create a sheltered area where people can hide, and it's always dangerous for not only our patrol officers, but now also having a host that may not be ready to defend themselves. To the extent that it's open and exposed with doors that just lead into the restroom as opposed to barriers that lead into the entire facility. That's always helpful. So just wanted to thank you on that. Thanks for all the good work.

Councilman Peñalosa.

David PenalozaItem —

Thank you, sir. I just wanted to reiterate what my colleagues already said. Lisa, thank you so much for all the work that you're doing and that presentation that was very informative. I've personally seen a positive difference and change in just the standard and quality of our parks and the characters that lurk at night in those parks. I know that our patrol security services is helping. I just want to also echo what Councilwoman Becerra and Councilwoman Iglesias said about that. I heard it from the community, and I see it myself. It just seems it's like Santiago Park, Santiago Park.

David PenalozaItem —

Every cleanup that PD does, it's Santiago Park. and there are lots of parks in our city that would like to see that constant attention. So I just want to make sure that we're equal and doing an equal approach when it comes to patrolling our parks. Thank you.

Thank you, Lisa. And a special thank you to all who did support Measure X. These are the good things that are happening right here. We're going to move on to the consent calendar. Do we have some items to be pulled? I know Council Member Becerra wanted 19D Delta. correct is there another item that council members would like to pull

okay we're just going to go 19 delta could we have a motion on the balance

second okay all those in favor of approving the balance press press the green button

motion passes and council member would you mind if we go ahead and take care of a of the uh swearing in of the uh we have a young yes person that would like to come in yes if i

can ask vanessa gomez to come up through the front to take your oath of office

that way we don't keep her here too long great

thank you lisa for working down

and this is vanessa gomez yes

Raise your right hand, please. Repeat after me. I, please state your name. I, Vanessa Gomez, 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 that I will bear true 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 unfaithfully will unfaithfully discharge discharge the duties upon which I'm about to enter the duties upon which I'm about to enter congratulations

congratulations thank you okay we're gonna move on with a consent calendar

Phil BacerraItem —

item 19d delta councilmember Becerra thank you mr. pro tem may I have a Steve Mendoza come up

Phil BacerraItem —

Thank you, Mr. Mendoza. I just had a couple of questions about the report. This is the general plan housing element annual progress report that we'll be submitting to the state.

Phil BacerraItem —

mr. Ty thank you so so a couple questions so first are the first three departments that are being built by Amcal and funded with eight and a half million dollars from the city available exclusively to qualified Santa Ana

residents so that housing development is an affordable housing fund project that will be available to residents of Santa Ana as well as residents in the region is not exclusively just for Santa residents but as part of the development project and review process and working with the developer the city has been able to work with the developer to market that development project to

Phil BacerraItem —

residents in Santa Ana but but for all intents and purposes it's not a project where it will be fully occupied by purely Santa Ana residents this will be you know sending in residents will apply hopefully Santa Ana residents will get in but Santa Ana residents will not be the exclusive excuse me residents of the

project correct our residents will have a preference for the higher preference

Phil BacerraItem —

for for the development okay and and the same could be said for the tiny Tim project on fifth Street correct that's correct okay and then kind of going down the same path with the project-based vouchers for the 56 permanent supportive housing units that will serve the chronically homeless individuals at the aqua housing project over on 17th street near the five freeway will those be available exclusively to homeless individuals from Santa Ana no they won't

be exclusive but they that is the funnel into those units is from our services department right so so it's a funding from us but and the funnel what I'm sorry I used the word funnel we will be funneling our residents from our

Phil BacerraItem —

shelters and other places into it first okay perfect and so really my only other question so according to the report the city of Santa Ana has 393 very low income units and 564 low-income units that have been built in the city since 2014 now these amounts are well above the state mandated RENA numbers by 773 and 1,662% respectively. Of these units are there any that have been offered exclusively for Santa Ana residents not just prioritized but actually development

Phil BacerraItem —

projects where we could say Santa Ana residents are definitely going to receive

these units? I don't have the complete history but as far as I know they're not completely dedicated to all Santa residents it's available for the general

Phil BacerraItem —

public as well okay and so one one other question is our cities required to report the amount of units that for low and very low income households that are rehabilitated and that aren't newly constructed that is a part of the

reporting process where we do have rehab of at-risk unit that becomes back into

Phil BacerraItem —

the affordable mix okay so do we get credit toward our RENA numbers by rehabilitating units versus new construction for units that fell out of

affordability and has been added to affordability there is a process for us to add that to the affordable mix so it's not purely as far as our arena

Phil BacerraItem —

account it's not just pure new construction we can actually get some counted if we are able to bring some into income restriction via rehabilitation

yes mr. councilmember if we invest in a existing parts apartment building in rehab it and make it an affordable unit we will then get credit for those units okay so we add it to our our unit mix okay and I you know as the representative

Phil BacerraItem —

for San Ana on SKAG I you know RENA is not exactly a understated topic at this point so that's why I bring that up and really this item is just for the council to you know and the community to see what we're doing as far as meeting and really exceeding our RHNA state-mandated goals. So as far as the specifics when it comes to our housing policy, I think it's probably best that we discuss that at a future date when it's agendized appropriately. So with that, on this item, I'd be happy to go ahead and make a motion that we move to authorize a submittal of the report to the state HCD.

I'll second with comment.

Phil BacerraItem —

Councilmember Sarmanto.

Yeah, just real quickly on that, and I think the council member's point's well-received about some of those projects being exclusively for Santa Ana residents. Madam City Attorney, I know we can't do that according to federal law, although we've always tried, and that we certainly don't want to violate federal law because there are very strict, strict restrictions on that. To the extent that we do try to embed criteria that favors our residents, that is something that is legal. So we certainly want to do that because these are precious few, and I wish we had more extremely low because that's where our demographic is.

So when we talk about low, very low, and extremely low, we're talking about 80%, 50% or 60%, then 30%. But if you look at the demographic and where our average median income is for our residents in this city versus the rest of the county and the state, we're probably more at that extremely low level. So we need to work a little harder. We have some affordable units, but affordable units that are low are selling at 80%. And those are for folks that are making about $80,000 a year. And that really isn't hitting the demographic that we need. And so we need to do a little better job in getting more of those units.

But I'm sure with political will and some support, we'll get there. Thank you.

Councilman Iglesias.

One of the questions that I have for, I guess, for the affordable housing projects that we've already constructed, I believe I've asked this question before. who is the one that monitors I guess the eligibility of the individuals applying for for these housing units is it the city or is it do we give it to the people who like property management at that site a private developer would have

a property management and a qualifying employee an employee of their staff would be the qualifying agent we do annual recertifications though because is we monitor the funding source that comes with it. So based on the level of funding, whether it's home funds or our own funds, we will have different verification processes for it.

But one of the things that I would like to ask staff, because I know I received some concerns from individuals who have been applying for those dwelling units, that the individuals at the property management were not very, I guess, their customer service skills needed a lot improvement. To say it in a nice way. because they felt like they were going in there and they were making them feel like why are you here you know we're in there they were trying to make appointments I mean they were hard to get a hold of so I believe we're having conversation with them like that to be more sensitive with what's going on in

our community is something that we should be addressing because a lot of the individuals that applied is like you know it just makes us not want to go there's kind of like going in like for you know to the CalWORKs office and saying okay you know why are you here and just making them feel like you know you don't belong here and then you know they're there because they need the help and it's so the customer service on that part I would I would say that we need to step it up if there's something that we could do to make sure that these um property management's treat our you know our residents with respect and

courtesy it's something that we owe it to them

okay we have we have a first and a second is there anyone else that would like to speak before we call for the question okay if you uh wanted to approve if you want to approve the motion press green please okay very good motion passes we're going to move on to the business calendar item 55a do we have any speaker cards move the item we do not we have a first and a second all those in favor push green that passes i'm going to move on to item 55b

do we have a motion any speaker cards we do not no speaker cards we have a motion by council member Sarmiento is there a second second by Becerra all those in favor push green okay motion passes we're going to the item 60 a we have any speaker cards on that we do not no speaker cards on item 60 any comment

Councilmember Solorio.

Yes, thank you, Mr. Mayor Pro Tem. I was around really more on the marketing side when the city rolled out its recycling program, and I know at that time, even though it wasn't a full change of services, it was substantial. and if and when we change over again to this new contract I think it might be appropriate to have this part of this inclusion of commercial bins including for recycling in organics or anything else new residential commercial carts

new roll-off boxes and compactors throughout the city wasn't clear to me that we're asking that of everybody but you know we want to start you know fresh if you will and we want to make sure they have you know the appropriate equipment so if staff can kind of look through that to make sure that it's covered in clear or to make it clear earlier too I was interested in seeing if they could also have an option of implementing earlier but I think given you know this coronavirus situation you know everyone's kind of slowed down so

in terms of getting any of these supplier equipment items including trucks it's probably you know continues to remain hard so I won't be requesting that today but you know we've just continued this year after year that I think there's many in the community that are hungry just for a response and a decision by the city as well as these vendors that are interested you know they've been attending you know meetings now for literally about three years tracking this but but with that you know I'm supportive of moving forward I'm

mayor pretend we do have a brief presentation if you or your colleagues would like to see that or we can skip it whatever is your pleasure what is the

pleasure of the council a brief presentation high level so I will

introduce Christy Kendick who is the one that has been working on this project diligently for going on three years good evening good evening City Council thank

you so much for your time I'll make this very brief so the presentation that I have is covering three items what we're going to do is we're going to try to approve the RFP for issuance we're going to extend the waste management agreement for oh I'm sorry thank you for one year and we're going to then do a prop 218 process on that amendment.

So that's the three items right there.

So the background on the solid waste agreement, it currently expires June 30, 2021.

We have many, many state mandates that we have to address. We have the draft that will address those of the RFP, ready for you to approve or amend. the timeline was needed to be extended because of the truck and cart purchases even before the coronavirus issue and then we did negotiate this amendment with waste management the um the issue is assembly bill 1594 is alternative daily cover i don't know if you're familiar with it briefly it means that you can take green waste and put it cover the landfill at the end of the

and you can get diversion credit for that state's taken that away so what we need to do is go back and make sure that our diversion percent doesn't fall and we fall out of compliance so by doing that we're amending the agreement with waste management to implement composting so the RFP we have increased bulky item collection services. Whoops, don't ask me what happened with that.

There we are. We will have weekly alley cleanup. Right now we only have every other week alley cleanup. We're going to have programming that addresses every one of those mandates, compost giveaways, shredding events, residential food waste collection, which is a biggie, effective 2022. And then we've included some services that we already have that are outside of the agreement, we've put them in the agreement. Use motor oil and filter and universal waste collection, sharps disposal, small batteries, and C&D services as an option. The timeline here, we're hoping to approve the RFP tonight, get the proposals out as quickly as possible

so that we can come back to you in July of 2021 for award. Then we'll be effective July 1, 2022. So the contract extension with waste management, it's just a one year, provides that remedy that I told you about for AP 1594. But as a result of that, there is no cost from waste management until July 1 of 2020. The residential rates will increase $1.90 per unit then and increase again on July 1, 2021 for $1.50 a month. And then we will do a Prop 218 notification in

advance this year, just to make sure that all that is fine. Now the Waste Management Extension timeline, again, it'll just take us out to June 30, 2022, so we can start a brand new contract

July 1, 2022.

So my last slide just wraps up. What we're here to do is to approve the draft or amend it and approve a one-year extension of the solid waste agreement with waste management and then authorize a Prop 218 process. Does anyone have any questions?

Councilman Iglesias, and then who wants to go next?

For the rate increases that you have up there, is that something that was already negotiated in the prior contract, or is that something that the city is imposing because of state mandates? What's the reason behind it?

So during their last one-year extension, the state mandate went into place that removed the provision for cities to take diversion credits from the alternative daily cover, or ADC. So with adding another year extension, the contractor requested to pass on the cost that they were incurring to meet that state mandate, and we do have to be in compliance with that state mandate. So the city negotiated with waste management, and they're waiving it for a period of time and then just doing two increases as indicated up on her chart. But it's strictly a cost pass-through to the ratepayer to meet the state mandate.

But why are we increasing the rates? Shouldn't that have been something that should have been part of the contract?

At the time that your original contract was entered with waste management, it wasn't a state mandate. So the state issued this mandate, and we have to comply with it. And it's hitting during this extension time period.

But that's something that we would, well, in my opinion, I don't think we should be passing it to the taxpayer because our contract with the providers, it's a nice incentive for them to do business with the city, so why are we passing it on to the taxpayer? so I don't in my opinion I don't agree with that yeah thank you and the state

law did change and it's gonna take effect it's gonna affect a lot of the way we do business here in California council members of audio yes just some

general clarification or need to get into the details on them but the franchise fee is that specifically mentioned in there so that bidders know what our

franchise expectations all fees are clearly laid out excellent and then you

probably heard me earlier new bins carts etc is that clear enough in here that we want new stuff or it doesn't need to be clarified maybe as we move forward after

this action it is clear that we require new carts not necessarily new bins that

can be addressed yeah if I would just ask that as part of our motion we could have our city manager make sure that things that they would need that it's very clear I guess what we can accept use versus new I would say that with you know many of these items we want new now a truck may be good if it's fairly new and if it meets air quality standards etc but I just want there to be that kind of clarity and I think in the item that I mentioned if you can take special care

at looking at those things and i would agree and uh is there a motion on that is that just kind of

a really more of a clarification item on there but i don't know how this our city manager views this this request do you feel it needs to be an amendment to the the motion or i don't believe

you need to do an amendment i think we just hear your direction and we are requesting a lot of new items so when we get down to the selected proposer we certainly can

negotiate items that's a bad excellent very good so we have a motion by Sarmiento you have comment no just okay so you're the second sir okay all those in favor push green very good let's go to the next item motion passes we will go to item 60 B is there a motion I'll make a motion to approve all those in favor put up we have one speaker here one speaker card and mr. George urge he's

an example he's been coming for three years on this thing

I should let you vote on the item sir Mr. Vegas, Mayor Pro Tem, City Council City Manager Christine Ridge George Erich here tonight representing We're Disposal and Madison Materials and I just want to thank you for bringing this item forward we're the other trash company in town We're Disposal has been operating in town since 1968 quite a long time period the majority of their employees are from the city of Santa Ana for both both companies medicine materials and word disposal we're excited that you're

making us co-terminus with our contract for a construction demolition and removal so thank you for bringing this up and urge I vote thank you

slash one all right thank you sir good to see you we have a first and a second all those in

favor push green one question would be would this be the same as charging those fees the same thing

for this one too or no this is just ancillary services that you have and their contracts were going to expire the same time as waste management so this is just purely doing an extension of those contracts to coincide with the timing of the waste management contract okay but

it doesn't have the additional fees no the state mandate doesn't apply to their

type of materials that they pick up okay this is the heavy construction type material correct very good all those in favor push green can I have

clarification on who motion and second

sarmiento and becerra on 60b on this one thank you

okay move on to the item 75a this is a public hearing this is time and place to open a public hearing on environmental review number 2018-28 amendment application number 2019-03 and conditional use permit number 2019-21 for a proposal of 7-11 convenience store and service station located at 813 North Euclid Street here in the city of Santa Ana and is there staff available on this

Yes, sir, we do have a brief presentation. Executive Director Min Tai.

Thank you, Mayor Potem, and good evening, Council. The proposed application is for mitigated negative declaration 2018-28. amendment application 2019 or three and conditional use permit 2019-21 the site is located at 813 North Euclid it's at the southeast corner of Euclid and hazard the surrounding uses include multifamily residential to the north a tempo to the east and residential single-family residential multifamily residential to the west as well to the south the site is currently zoned as R2

which is two-family and has a inconsistent general plan designation of general commercial the site has been vacant since 1987 the prior use of the site was also a service gas station which was demolished in 1987 since then the site's been vacant in 2019 there was an office proposal Harvard that did not materialize and the property owner and applicant returned to the city in 2018 with an application for a service station as you can see here this is a

prospective aerial view of the proposed development the building will be located at the rear of the site the proposed development is a 3045 square foot convenience store that includes an 1800 square foot fueling canopy with eight pumps on a site that's a little bit over half an acre in size the proposal includes approval for a conditional use permit for a 24 hours operations of the 7-eleven the applicant also requests a zone change in order to develop this site as I mentioned earlier the general plan designation land use

designation is general commercial with the zoning being R2 which is inconsistent for commercial use therefore the proposal is to change it to C1 and that will help to bring the land use zoning in to consistency with the general plan designation of general commercial another view of the site from a site plan review site plan perspective you can see that there'll be landscaping surrounding the site the store is going to be located at the east southwest southeast

corner of the site with the feeling canopy towards the corner this application was submitted back in May and within the 20 days of the submission of the application there was a sunshine ordinance meeting held during that meeting there was only one residence that showed up and that information has been included as part of the staff report the Planning Commission reviewed this item in February of 2020 and recommended that the City Council adopt a resolution improving the environmental review the amendment application as well as the conditional use permit the mitigated network declaration was

prepared as part of the environmental review for the project all except for the transportation impact are construction related and are will be implemented during the construction process and the impact will be gone after construction in terms of the transportation there is a requirement for a payment of mitigation into the striping of hazard as well as Euclid so that was included the MND was circulated to all interested party in January and

no comments were received this is a map illustrating the existing zoning and it's our two as you can see on the top the proposed site will be C1 which is a consistent zoning with the general plan as you can see it is a site that's located at the corner and it's supposed to be community commercial the recommendation again is for the City Council to adapt the environmental review approve the amendment application and approve the condition use permit for the proposed development of this gas service convenience store project

do we have any questions from the council members for staff mr. pro tem council member sarah uh

Phil BacerraItem —

thank you man for the presentation uh before i begin my questions and comments uh i i'm a little frustrated because and daisy i'm looking in your direction for a second so i've asked this multiple times when it comes to the website and the plans available as I go on here right now to try to find full-size plans I can't find them and I've asked a million times for projects like this if we could please have the site plans in full scale so that we can you know see them at full scale because right now I've got a staff report with an eight and a half by 11 site plan that I'm now going to

Phil BacerraItem —

have to ask men a bunch of rudimentary questions that I should have been able to look at the site plan and answer myself so man if I may so if you could go back oh so you're on the site plan um in just above the store block right there what is that little white square between the two let's call the green backwards see right there what

is that that is part of an area where they were providing their air pumps their proposed area for propane distribution as well as some utility

Phil BacerraItem —

service areas okay and then going south that southeast corner there I see a lot of landscaping and then a little bit to the west I see what looks like the

footprint for something what is that so towards the middle of the site at the

Phil BacerraItem —

south on a directly directly to the south of the store yeah right just a

little to the right right there so this area will be an area where they will be locating some of their required air quality management and filtering

equipment and will behind a fenced area so if the concerns there was a concern that was brought up whether or not this area is accessible to the public it will be fenced and will not be accessible to the public so is the fence that's being proposed flush with the store it will be at flush with the store correct so so

Phil BacerraItem —

literally it'll go straight down from the western elevation of the store down

to the southern fence correct to prevent access to the southeast corner of the area between the building and the property line so it'd be very lushly landscape but not accessible it's an area where their equipment will be stored

Phil BacerraItem —

as well okay and then just one last question so am I to assume that to the left of that on the same southern side that's the trash enclosure correct okay so I again I'm sorry to belate the point but it would really be helpful in the future we're able to have those full-scale plans because also not just for myself or my colleagues but just for the community at large because if I live next to this thing and you know I would want to look and see what that was and rather than burden staff with these questions if the plans are available in full-scale it's easier to see but men thank you for the clarifications on that

thank you and councilmember Becerra to your point we did ask staff to provide to us a digital copy and whatever they provided to us is available on the website under 75a so there's a staff report which is not a digital copy but then 75a exhibit 2 and 75a exhibit 4 are both digital copies that were provided to us by staff that was the best they

Phil BacerraItem —

could give us well i okay if we're going to have this discussion so i assume and min correct me if i'm wrong but the applicants provide you a full-scale set of plans that are digital correct

A PDF copy, correct.

Phil BacerraItem —

But I mean, it's not an 8.5 by 11, right?

It's not a scanned copy 8.5 by 11. It's basically a digital native file that you can zoom in or zoom out.

Phil BacerraItem —

Okay, so it's something that, I mean, for all intents and purposes, if it was printed, it could be 11 by 17. If it was full scale, it could be 24 by 48.

Okay, correct.

Phil BacerraItem —

Because that's not what I'm seeing here. And so I really, frankly, I don't care how you guys figure it out. But pretty please figure it out. We will figure it out. Thank you. Thank you.

There was a motion or a... No, no.

David PenalozaItem —

councilmember pingarosa followed by iglesias i agree with councillor and basara just on the on the type of of images we're getting here um i was going to say a year ago when i came in they were gray gray scale small distorted images so we're moving forward and that's important but i do like that suggestion that you know the the better quality that we could get the the higher quality we could get the better uh absolutely and in regards to the zoning men i know that you mentioned it was r2 before and but you also said there was a gas station on there uh up until lady

David PenalozaItem —

seven i just told councilman mr lawyer i'm gonna start wearing a pin that says before i was born because everything in the city seems like i've been done before i was born but the gas station How was that possible to have an operating gas station in an R2 zone? Was it just built illegally without any zone changes?

It was legal non-conforming. What that means is that the use existed before the zoning designation for that area was designated for residential. but the general plan as you as you saw when it was updated in 1992 changed that to general commercial and so the goal was to get that corner into compliance and with commercial use opportunities so there were never any homes there right it was always just not that we are aware of prior to 87 it was a gas service station and since 87 it's been big okay all right thank you councilmember

glaciers I have a couple of questions for for this item I received some concerns from residents that live in that area I believe I sometimes I don't know if it's um councilmember yeah I guess or myself that represents that area but their concerns was I know they want it to be a 24-hour operation business. But being so close to homes, their concerns is about the noise, especially after midnight. So one of the requests that was put before me was, instead of being a 24-hour operation, couldn't it be

maybe from 6 a.m. to 12 a.m.? So just let it be closed from 12 a.m. to 6 a.m.

a curl currently requires that any operations that is being proposed beyond 12 a.m. requires a conditional use permit and that's what the applicant has applied for they're requesting for 24 hours operations that's their application and that's something we would be reviewing so right now they're by

right they have it from what from 6 to 6 a.m. taken up right to 12 a.m. to 12 a.m. from what time in the morning though I believe it was if you give me a second

please so it's uh restricting from midnight to 5 a.m 5 a.m yes so by now they're applying for the

conditional use permit so they could go fill in that gap for those hours quick okay so I heard from residents one and they were not happy that not that I mean they're there they're happy that they're gonna be built something there because it's it's it's an empty lot but the the fact that those you know additional five hours it's really being close to um homes you know their their quality of life is also going to be affected so I in my opinion I I don't agree with that I mean granting them the conditional use permit because the quality of life for those individuals are going to be affected and for the most part the the

perception is you know that side of Santa Ana it's always ignored by the city pretty much everything gets done and no one really takes the notice so I'm hoping that you know we're able to give also those residents in that side of town the courtesy to of having a quality of life that they deserve to thank you

So the conditional use permit after midnight, that's not in question today.

It is.

It is before us today. Okay, very good. We have the applicant. Is the applicant here?

The applicant is available for questions.

Phil BacerraItem —

Can I ask one question real quick? Go ahead. Thank you, Mr. Pro Tem. Min, on the site, you mentioned some of the mitigation measures and the fact that it was previously a service station. was there any records of any leaking underground storage tanks or anything of

that nature so all storage tanks has been removed from the site however as I mentioned as part of the construction process there's a mitigation for the developer and contract to submit a soil management plan with exploratory options so that if they do encounter any unanticipated soil that may require additional study that mitigation is there okay but I mean the good thing

Phil BacerraItem —

though if they're this far along they've especially from the previous service station they've already probably got a clear hotel from the state that's that

that is the the assumption and based on the information that we have that but however to to be out of an abundant of caution that mitigation was put into

Phil BacerraItem —

place oh no I appreciate you putting that in there I think it's good to know that the state has for all intents and purposes blessed it but we're just taking that extra step to make sure that the site doesn't have remaining pollution on the site so thank you is there any

other questions for staff because if not i'm going to call up the applicant yes uh coming forward sir you have five minutes.

Good evening. Welcome.

Good evening, Mayor Pro Tem, members of the City Council and staff. My name is Don Madrid. I'm with a company called ASI Development. Our offices are located at 5932 Bolsa Avenue Suite 107 in the city of Huntington Beach. Thank you for your time and the opportunity to speak. We've been working with staff for almost two years now on this project. So although the city council may be seeing this for the first time this evening, we've been at two years' worth of meetings, two years' worth of studies, two years' worth of plan revisions to get to this juncture.

We believe that we put our best foot forward with what you see tonight, and we've been able to do that with staff's guidance. With regards to noise, we're sensitive to that. A CEQA study was done for this project, and that CEQA study includes a review of a myriad of potential project impacts, one of which includes noise. That study concluded that there are no noise impacts associated with this project. This project, this property is on a major arterial. there is a level of ambient noise on Euclid and hazard our project will

contribute little to no additional DBA to that existing ambient noise I've been personally in communications with the adjacent property owner to the south he's called us on numerous occasions for different issues that have arisen out of the fact that the property is currently vacant and he's happy to see and hear that we've come this far in our approval process and is looking forward to the store being constructed at some point in time with regards to 24 hours 7-eleven stores are known to its customers to be open 24 hours we like to offer those

services to the customers at this particular location if the City Council sees it fit when we received approval from the Planning Commission and in February it was a unanimous approval there was a lot of dialogue a lot of discussion regarding various issues at the conclusion of those deliberations they felt it was appropriate to give us an approval so needless to say we were very delighted when we reached that point and we hope that the City Council agrees with staff's recommendation and they see fit to approve the project

tonight thank you very much thank you we have a question from the council members for you. Councilor Sarmiento.

Thank you, Mr. Mayor Potem, and thank you for that overview and that summary. So just a quick question. This is more for staff. I think that I have questions for our planning directors. So have has this been, you know, discussed and fully vetted with that area and the neighborhood and folks there? Do they understand? Because I think maybe there might be confusion where a 7-Eleven is introduced as a standalone own market versus maybe a dual purpose in having a service station as well. So maybe that changes the discussion or maybe that changes how the residents receive it. But your thoughts?

We have an extensive public engagement process for all of our public hearing requirements. As I mentioned, within 20 days of submission of the application back in May 2018, the applicant engaged the public in the Sunshine Ordinance meeting. at that meeting only one person was present we had two meetings but at the Planning Commission level where we provide notice to the public and at those meeting we had several members of the public showed up but they did participate it and provided comments to the Planning Commission so the areas in terms of coverage and outreach it's been vetted through our public hearing

process. Okay. Well, look, I guess sometimes we should show much deference to folks that have looked at it closer to the extent that there is some difficulty in seeing maybe some of the renderings or maybe some of the view of the design and having looked at it just recently. I'm open to having the applicant, if he wants to engage the public a little bit more on that and engage the residents in that neighborhood if we feel that there hasn't been sufficient discussion there. Again, to the extent that we are having some difficulty seeing that

there's compatibility with both of those, because what was there prior to this development?

There was a gas service station at this location prior to 87.

So look, I'm open to that as well. I mean, I'm not sure if this is a time-sensitive item.

I would let the applicant answer that but he's been working with on the application as we mentioned since 2018 so we're processing as part of our public hearing process do you have we're certainly sensitive to any concerns that the residents might have even though those concerns are are being brought to the council at this late hour however that being said please understand that there is a an owner of this part

of this parcel that has carried the cost of having a vacant piece of land for over two years The parcel has been vacant for 33 years. There are rules in planning, and I believe as an applicant, we have followed all of the rules to get here tonight. We did conduct our Sunshine meeting in 2018. With that, there was a notification that went out to a 500-foot radius. One person attended. The Planning Commission hearing was notified. The first meeting was notified. The second meeting was notified. This meeting was notified.

With all that activity, I feel we've made a concerted effort to have the community be involved. The poster for the Sunshine Ordinance was posted on the fence on the property. I could have taken that down. To this day, that sign is still up with my phone number on it. I have yet to receive any phone calls from anybody regarding this project. so as much as I'd like to say yeah let's continue this please recognize that it would be a burden to everyone that's been involved with this project so far and I

certainly appreciate that and that's why I guess I wanted to get the directors just history on this right I think one of the things that's compelling to me is 7-eleven is a very well respected franchise in the city just tonight I got word that one of or a few of the stores are going to be offering free pizza and slurpees to our students who are out of school so long as they show their school ID. That is a big, big benefit for many kids who don't have meals easily accessible. So sensitive to you as well. But look, as an applicant, you also want to do the right thing.

I think you also understand that this is a discretionary process. So I don't think there's anything that binds us to act on it anytime soon, especially if we have reservations. I think the The continuance was more afforded to the ability for you to make sure that some of the calls and text messages, I guess people call us sometimes before they call the applicant and say we're a little apprehensive. So I hope you understand that, that as a deliberative body, we certainly have that right legally to go ahead and consider it further. So we're just trying to make sure we balance the interests here.

and we certainly know you have an interest but we also know that we have an interest in making sure that we make a thoughtful decision sure we understand

that thank you very much and we'll respect whatever decision the council makes this evening and we'll continue to to work with the community and staff as

as may be required council member iglesias you have another and then

followed by council members of audio so um whether the you know the concern is the calls that I got in the individuals that approached me we're okay It's nice because something has to be built. Very happy that something's being built, but their concern was more the conditional use permit, with the hours being 24-hour operations.

When you stayed 500 feet, for me, that's always been not enough. I think we should engage more than individuals around there than live within 500 feet.

My recommendation would be if we were to move forward with one and two, but not granting the conditional use permit just maybe seeing something like what council members Sarmiento was saying maybe going back to the community and assessing that I know we did that with with the other 7-eleven that we just I guess what me came before us the one on first and in center is that going to be

a 24-hour facility that one was going to be 24 hours as well but they did but

they required like security I know that there was a lot of things that we've I guess asked of the applicant to provide so so it for me it just goes back to

understanding the quality of life of those residents that live there having something built there would would make it like nice because it's just an empty lot but um the conditional use permit that's where i have the issue so um reaching out to the community to see how comfortable they feel with that maybe moving forward maybe after they see that it's may not be a big of issue maybe it can come back to us but um that's where i stand i'm not just i'm not comfortable with um extending the hours to 24 hours council member salario thank you uh the

The question I have, and maybe you can answer it tonight or with more time moving forward, my main concern is with safety and the homeless crisis that we have. I think our residents do love the stores because our folks are always on the go, so they get their coffee there, their meals there, their water's there, their Amazon packages there, everything, right? Right. And some stores are better than others on how they deal with homelessness, and loitering, but unfortunately most food for lesses tend to be some of our bigger magnets for

loitering and issues related to homelessness. So can you tell us how you're going to

address that situation on a permanent basis? Sure, yeah. So thank you, Councilman. The issue of homelessness, as you guys are aware, is a very complex societal problem and no single business is immune to that issue. That being said, we believe that 7-Eleven is just as prepared, if not more prepared, than other retailers to deal with that issue in an effective way. Fortunately, from what we understand...

But I'll stop you there. We could go to a number of 7-Elevens here and compare them to another retail store and 10 to 1 they'll be more homeless at 7-Elevens than the others.

so I respect that I'll do a pause there okay thank you for that from what we understand although there may be some homelessness in the area it's not a it's not an acute problem as it may be in other parts of the city so that's that

that would like to keep it that way would be my point that right now there isn't an acute homeless crisis there and this right so with that

potential issue, that's one of the reasons why staff asked us to install fencing to block off that southern easterly portion of the property to prevent access to that unseen part of the development. Vacant lots, commercial developments, industrial developments that are unoccupied at night tend to be an attraction for those that would be seeking shelter, such as the homeless. With our development, it is proposed to be 24 hours operation. Hence, we would have employees and managers on site 24 hours a day.

So you have this corner that's currently vacant and dark. With this development, the property will be well lit, and we'll have a presence on the property that doesn't exist today, along with a robust security camera system.

So just a couple of follow-up questions. then number one if I were to drive by right now are there any homeless on that property we've had

intermittent problems with one or two homeless individuals which is the reason why the but on a

daily basis or that was a baited number of months ago or the the property owner from what I understand

because there's two different entities there's a current property owner and then there's 7-eleven 7-eleven is the applicant for this development from what I understand the hope the homeless are asked to vacate the property because it's private property they're not allowed to be there the fact the property is is fenced and they do come back from time to time so we're having to address that appreciate

that that answer another question I have is and I think we might have done it with the last 7-eleven as councilman was trying to remind us of on first did there I think there we required some security staffing is there security

staffing here and what commitment is that there there there is no requirement for security on this on this property on this property particular project nor has there been any discussions with regards to that I believe again that this particular area is different and the situation is different than what we had down at First Street the project on First Street although approved and conditioned for security for all intensive purposes from 7-Eleven's perspective is a dead project the requirement for security made that project economically unviable so they are not moving forward with with that

with that project we're hoping that with this one not being in the same area as the other store on First Street that perhaps rather than assume we're going to have a problem and attach a condition of approval that could possibly kill this development that you would give us an opportunity to move forward with this project as conditioned by staff as approved by the planning commission and if it if it does become a problem we can always revisit it we can come back and say okay maybe this isn't working maybe we need to look at security but we're optimistic that that's not going to be a problem i mean i'm probably inclined to want to

have more time to review all these things but if it were tonight or then I know sometimes we'll say there's a mandatory review at six months or a year to see how it's going and then we could see how it's going and if we need to add additional measures we could you know at that point in time but tonight I dem still a little bit sensitive especially since it's 24 7 and since it's largely

a non-issue right now thank you councilmember Peña Losa then the Sarah

David PenalozaItem —

thank you mr. pro tem I just had the the similar concerns of some of my colleagues in regards to the time being requested 24 7 especially when just considering those those homes that are directly next to it I you know I not comfortable just moving forward because of I haven't heard from them and a lot of times you know in our community we do put out these notices and have these sunshine meetings and fortunately community don't see them for numerous reasons working-class community that aren't aware of just their ability and

David PenalozaItem —

and power and their local government to have a say so yeah i'm not comfortable with the with the current uh time being requested 24 7 because of its proximity to homes and uh those are my comments

uh councilmember becerra and i'm going to close the hearing i'm going to have the public speak if

Phil BacerraItem —

they uh if they want to thank you thank you mayor pro tem so i i think one of my colleagues brought this up earlier and I want to ask more specifically was there direct contact made with the folks to the east of the site I know there was the 500 feet radius notifications twice for each Planning Commission hearing but specifically did anybody just go knock on the door and say hey what do you guys

think no we didn't we didn't knock on any doors adjacent to the site to the east I believe is a Buddhist temple if I'm not mistaken if you agree we did not knock on any doors we normally don't do that we felt it was sufficient to send out that notification as part of the sunshine ordinance if it pleases the council we're happy to do that again we can send out a similar notice and do a new another community outreach as part of the parameters in that sunshine

Phil BacerraItem —

ordinance well help me understand something so I if maybe I misunderstood so you'd mentioned you had contact with the property immediately to the south correct was that initiated by you or them it was initiated by them I believe

they obtained my contact information off of the sunshine ordinance posting on the

Phil BacerraItem —

property the the sign that's still there correct that's fine it's still there I

believe it's still there it's laminated and has gromlets it's pretty hardy

Phil BacerraItem —

Well, I appreciate what my colleagues are raising as concerns. Personally, I think a 7-Eleven that's open 24 hours is a good thing. I think that it's eyes on that corner. I know I have folks that I know that live in that area, that there is at least one to two homeless individuals that camp out on that site. But again, the concern I have really isn't so much, yes, once new development comes in, you would hope that those one or two individuals won't be camping there. My concern, though, is we have a 7-Eleven on Main and Dyer. And, you know, sometimes I get it confused with MHA, as far as how many homeless folks are there.

Phil BacerraItem —

It's definitely overrun, absolutely overrun. And so what I think when my colleagues was asking you about what would you do, you know, it sounds great to say we're going to do things and stuff. A lot of good things, but not a lot of bad things. I get it. but what specifically will this operator be able to do i know one thing that my colleagues and i have talked a lot about is you know filing the form 602 so we can enforce trespassing but you know i'm kind of torn because i don't agree with the idea of you guys having to hire this additional

Phil BacerraItem —

security guard because as you mentioned that could be very cost prohibitive but at the same time i can't in good conscience approve something or vote to approve something that becomes a magnet and while there are maybe are only one or two homeless folks sleeping on the site now again once the 7-eleven is there I would just like a little bit more assurance that there are conditions in place that could do something again I support the 24-hour operation I think it will be an amenity for that area but in order for that to happen I would be more comfortable knowing that there are more proactive measures to prevent the homeless from

Phil BacerraItem —

coming around and it turning into the 7-eleven at Maine and Dyer and I think one thing for just for my colleagues real quick just you know as we look at these projects we're empowered to condition these projects that's why they're called conditional use permits so you know let's be creative and try to help these businesses I think the concerns that my colleagues have brought up tonight give me pause as to moving forward but I would just say as we proceed with this let's try to enable the businesses not disable them in the sense that you know if there's a way to approve them with a condition or two

Phil BacerraItem —

let's do it but I think given the concerns that my colleagues have brought up tonight I don't know where we're at and I once we close the public hearing we can have that discussion but thank you for answering my question I appreciate

your comments if I may real quick what we found is that the success of our stores are with regards to those types of issues is largely predicated on who the operator is. And to the degree that 7-Eleven takes that interview process of a potential franchisee in a concerted way and take it seriously, which they do all the time. But with every new store, they learn. As an organization, we learn, just like any other institution, you're constantly learning. So for this particular store, as we would any store, we would look for a franchisee that has demonstrated that they can run a successful store

and a similar community with similar issues. And hopefully that goes a long way towards curbing some of these potential issues that you're concerned about. We post no loitering signs on our properties, and we keep the glass free and clear of any kind of advertisement. That way both law enforcement can see into the store and our store employees can see out of the store and monitor what's going on on the subject property and deal with it appropriately.

Phil BacerraItem —

Well, just real quick, since we brought that back, no loitering signs are ignored let's be realistic they're all and as far as your windows being clear that's by our municipal code so you'd be complying not doing anything above and beyond but what i'm concerned with and again i'll say one more time is i'm concerned with other 7-elevens i've seen and you mentioned that the 7-eleven organization which i'm happy to see them come in so i'm not telling you that i oppose the 7-eleven but i do have concerns that seeing a 7-eleven in our city that has become a magnet for the homeless and you're saying that they've learned

Phil BacerraItem —

from their experiences but I guess they're still learning when it comes to Maine and Dyer right because there are still a lot of homeless there and again my concern I'm not going to speak for my colleagues but my concern is that this situation that I'm seeing over at Maine and Dyer proliferates over at this site and so I want to see this thing approved I want to see the development happen I just want to feel comfortable that the appropriate conditions are in place so that we don't come back and say oh my god why did we approve that thing look at

nightmare it's causing these residents okay very good i i'm gonna make my uh my comment and then i'm gonna close i'm gonna ask for the public if they uh want to make a um a comment also um how big is that wall and that goes around the the uh the half of the property um the existing

wall i believe is six feet six feet condition to raise it to seven feet seven feet okay and

And is it cement wall?

It's a cinder block wall. Cinder block wall. And we're conditioned to add some sort of a creeping vine to the wall as well.

I think a little different about the way my colleagues are thinking. I know you have a Buddhist temple two places over. You have a school one block down, an elementary school. You have a park right next to it. And then that's to the west. I'm sorry, to the east. and then one quarter block up you have a big huge business complex with a music Academy there so there's noise around there there's traffic there's people driving around but you know this is this is a place that I think a lot of the residents and the people in the area would use especially for gas because I

was looking around there isn't anything around there this is this a good spot actually but then again we have to do what's right for our residents that's the main the main thing but this would be a good asset for them something that where they they could go and get milk at 2 in the morning or something or formula or you know what have you gas maybe you have to go somewhere you don't have to travel so far so I do I am concerned about the homeless issue but that's that's at every store let's just be realistic every store might have somebody

or something and some of them uh you know are are different i also do believe that it's up to the operator because these are all franchises and it's up to them how they're they're uh operated so those are my my quick thoughts i like the fact that you're raising the wall up i'd raise it up to eight feet if that you know that would be a good thing um but uh anyway uh thank you sir is there any member of the public that would like to speak thank you very much one person okay do you have a speaker card

I do not.

I set a different agenda item. Okay. No one from the public wishes to speak on this item here. Okay, I'm going to go ahead and close the public hearing on this. And what is the pleasure of the council?

Council Member Iglesias.

Like I said, what I've heard and what I like is that we're moving forward with building something there. so I would like to see if I could do my motion to go ahead and approve 1 and 2 and I guess table the conditional use permit for future consideration.

So you want to approve items 1 and 2 and then the CPU, you want to leave that?

Yes.

You want to wait. You want to table that for us. Okay.

What is the city manager at?

It might be where they'd ask the applicant if with the approval of only the first two, if they would move ahead with the project.

Mayor and Fortin, members of the council and staff, thank you.

I have to speculate in response to that question.

one and two consists of the zone change and the CEP to allow for the gas station correct

okay so that'll allow us to build a store with normal hours from 5 a.m. to 12 a.m. we would like to receive at least the approval for those two items this evening and would like to reserve the opportunity to come back after having worked with the community at the City Council's pleasure we would like direction on exactly what you want us to do in reaching out to the community so that we can come back and report

Phil BacerraItem —

mr. president if I if I can ask councilmember Iglesias perhaps if you'd be open to it maybe we make a motion to approve items one and two and if possible continue item three for 30 days and then have them come back after

they've done the outreach for sunshine yeah we need more than 30 days for community outreach so okay what would that 60 would be an appropriate amount of time obviously given the circumstances

Phil BacerraItem —

that we're facing 60 days might be more appropriate but in a city manager is that

yes i would i like that motion so approval of the first two with the third one continued for at least

Phil BacerraItem —

60 days and we can touch base with the applicant and to add to that too also for that hearing for the continued item number three we would go ahead and redo the notice for that so

is that can we do it for 90 days because right how many for 90 days can we take can we bring it back in 90 days with a conditional use permit I mean you

actually don't have to specify a definitive period it could be when the applicant is ready to bring the item again without doing a date certain we

don't need to do dates or no okay okay madam city manager we're clear on the

emotion I believe it's a motion to approve item 1 and 2 and to continue until the applicant has done further outreach on item 3 very good and is there

David PenalozaItem —

a second on that I'll say okay mr. pro temp and just just what had a little comment to make to the applicant because I know you mentioned that you're not you don't really do door knocking or that kind of community outreach but I don't want to see you know a mailer sent out again to the nearby residents and then come back in 60 days like hey nobody showed up or anything I mean knocking on doors even if it's the handful of homes that surround the property goes a long way in our community people like that reaching out to the neighborhood association that services that area of town and saying hey can I you know

David PenalozaItem —

will schedule me in for the next one I'd like to come in and give a short presentation of what's what what my vision is for that site that goes a long ways I hear it from numerous applicants and developers that we've had and they say hey I you know took your device when and knocked on the few doors and you know spoke to and everything they loved it people like that and I think just getting that assurance from from the community on the ground and us getting that as well goes a long ways and will you know have a positive outcome for you so yeah so those are my suggestions and right thank you thank you very much we

have a first and a second all those in favor push green

okay motion passes item 75 B do we have this is the time and place open a public hearing zoning ordinance amendment number 2019-05 to amend several sections of Charter 41 zoning of the San Diego Municipal Code relating to accessory dwelling units planning and building agency city managers there a presentation or any questions yes sir there is very good

Go ahead, sir.

Thank you, Mayor Pro Tem. This is a request for approval of zoning ordinance to Chapter 41 of the Santa Municipal Code relating to accessory dwelling units. A little background on the ordinance. beginning in 2003 the state of California legislature enacted a B 1866 many of us known colloquially as the granny flat ordinance which encouraged the production and use of a secondary adu drawing units to provide affordable housing the city of Santa Ana adopted a local ordinance to address and comply

state law in 2003 between the period of 2003 and 2017 the city we perceive approximately 40 applications based on those regulations and the state of California actually look around to many other communities and also saw are likely same no lower number of units produced did a whole series of change to broaden the the authority of the state and reduce the authority of local governments to regulate 80 use and made a series of change through SB 1069 and 2299 and we

in turn had to adopt an ordinance also complying with state law in 2018 since 2018 I believe the housing issue has really became a lot more significant and a forefront issue for the state as many communities late in 2019 the state legislature approved a suite the suite of bills and legislation that even further basically restricted local ability to regulate 80 use those that

suite of legislation came in effect in January 1st of 2020 essentially making our existing ordinance known and void between then and now we had had to work with the state to draft an ordinance that would be considered to be in compliance state law and therefore we have moved forward with a proposal of the draft ordinance what is an adu basically an adu is either legally defined as an accessory drawing units with complete independent living facility for one or more person and generally taking in three forms it could be either attached as you

see in the upper right there or it could be detached as you see in the lower left or it could be a conversion of existing house and you can see that it's outlined in blue there and these are the types of form that an accessory drawing unit could take as part of an existing development of a single-family dwelling or as a new development in addition to that there is also what's known as a JADU which is a junior adu and what it is is that it's basically a conversion of an existing room in an existing drawing that can

have a maximum of 500 square feet it is basically consider an efficiency unit that can that needs to have cooking facility as well as requiring interior entry and insert connection to sanitation facilities so having bathrooms having potential cooking facility in the sink is required but it is much more flexible in terms of a junior adu that is a conversion of an existing room in a

house so as I mentioned earlier the suite of bills that was passed last year in summary really restricted the local abilities to regulate and legislate locations where it could be permitted in terms of the zones it is now permitted in any family single-family multifamily or any mixed-use zone that allow for commercial and residential there is no minimum lot size as would have been set before rear yard setback there is a four foot setback for new ADUs but not

conversion of an existing accessory building already on site in terms of the number of ADUs the regulations now allow potentially on a single-family lot up three units the primary house the adu itself and then the jadu so whereas before you potentially could have two adus I mean two units on a lot now you potentially can have up to three it also allow for the conversion of 25% of the units that's developed on multifamily drilling by converting non-habitable

space into a use this is significant before local regulations we don't permit that but this is significant and then also allow for a DU on multifamily drawing lots as well other than that we also regulate the size a minimum size of 220 square feet a maximum size of about thousand square feet and also limiting our ability to regulate live coverage. This is basically a table that summarizes the changes, but in essence, our regulations is mirroring the state law.

We're not deviating from that, and we're strictly staying within the parameter of the state regulations so that we can gain compliance. We have had correspondence with the state ACED as well as stakeholders, an advocate group for homeownership and and housing advocate they both have review ordinance and made comments and state hcd has found our regulations proposed draft ordinance to be in compliance with state law the Planning Commission at the meeting of February 10th voted 5 to 0 to recommend the city council to adopt the regulations therefore we are recommending that the

City Council adopt the regulations approving the ordinance I'm sorry approving zone zoning amendment 2019 05 thank you sir is there any questions

from the council for the staff member council member of the Sarah thank you

Phil BacerraItem —

mayor pro tem so at the end of the day the the bottom line for this whole proposal before us is simply to accommodate changes in state law we've already as a city had an ADU ordinance on the books this is just merely to accommodate the changes in state law correct correct currently technically we

don't have an ordinance because state law known and void our pre-existing

Phil BacerraItem —

ordinance which they did before when we had an ADU ordinance then they came in and rained down on us with their their preferred changes and then we had to do this pretty much the same drill that we're doing now correct correct okay

thank you council member Iglesias those were pretty much my my questions and I know I remember having a conversation with them our city manager and she was stating that we even if we didn't want to do this the state trumps but we're pretty much what we want to enforce in our city so so this is just saying that we're going to be able I mean that we're going to whatever they tell us we're

going to have to do okay okay thank you sir and now I'm gonna go ahead and have the members of the public speak I have Matthew for tall one speaker card only because that correct man okay sir

good evening sir good evening uh mr mayor pro tem members of the council and my name is matt frittell i'm here on behalf of my son jeffrey jeffrey resides at 1801 north bush street and we were here a couple of years ago at the 18 2018 amendment and we had spoke before the council and the staff followed our request and recommended that the allowance for ADUs be also included in the professional zone

where properties are developed with a single family residence. So on page two of your staff report, you can see in the chart that your existing ADU ordinance allowed an ADU in a professional zone where the property was developed with a single-family residence. In the proposed amendment tonight, the allowance for an ADU in a professional zone with a single-family residence is not included.

I don't know why. Staff has not just mirrored what was previously approved, but it specifically does not include a professional zone where a single-family home exists. So we're asking that the council concur with what was already in your ADU to allow ADUs in a professional zone where a single-family home exists today. and since the intent of this amendment is to be more permissive more inclusive

that the state is asking that include mixed-use developments why not keep the provision that the city already has so that's our request tonight it's your three minutes sir so I don't want to

interrupt yeah so that's all all right thank you very much sir appreciate it thank you for coming down okay i'm going to close the uh public hearing now i'm going to bring it back to council uh

council member sarmiento thank you mr mayor pro tem and a question for um for uh our director of planning and thank you mr uh fertile it's good to see you i know that you were with the city of garden grove for many years so thank you for your service to our neighboring city there um any response to Mr. Fertel's questions?

Thank you. I did get a chance to look into the question and was able to respond back via email to Mr. Fertel prior to the meeting. A little background on this. So state law

indicates and requires that the city allows for ADU in any residentially zoned property that allows for residential, including mixed-use zones the staff in reviewing with the Planning Commission looked at the professional zone currently in our city the professional zone does not commit for residential by right any residential that are existing on there is legal not conforming so we have a code to code section one that addresses the goal and and development standards for professional office which does not allow for residential we also have a legal not conforming code section that talks

about the desire to bring property into conformity rather than exacerbating the nonconformity by either looking at how to reduce the nonconformity of a property so the staff's rationale for and plan Commission for recommending this is that we are removing the legal nonconforming situation for professional zone property so that we can meet the intent of the zoning code while also meeting the intent of the state law which only requires that adu be permitted in residentially

zoned properties in the city so do we have any i guess properties in professionally zoned areas that

were once residences we have properties in residentially zoned area that have legal non-conforming residents on them one of the recommendation that we made to this situation in the area in our review of it is that this area could potentially be made conforming by changing the general plan and the zoning so that it matches the use on the site often we don't recommend considering that because of the area or the you know the adjacent land uses however in this area potentially since we are going through the channel plan update process that could be something

that the applicant uh mr fatale can work with staff to potentially discuss of a coordination between his between the land use for the area and our current update process so he could have some remedy there if correct and that would be bringing the property actually into conforming with the

current uses in the area now which one is I guess closer to what state look because I I think as was mentioned our decision tonight is to be more compliant with stick with the state correct right regarding regarding ADU the state law

when is it that they did this present lusive to residences or is it it's a minimum requirements it doesn't it doesn't limit if the city locally wants to allow for that to occur the state encourages it but the state law in this case set the minimum that the city would have to comply with in terms of what's required

for these ad use how many views do you anticipate that you know that would come before us for yes for permit and also if they are built are these part of our RENA numbers can we count these to answer your to answer your second

question yes we can count these towards arena number by working with ACD it's not a it's not just a simple of recognizing them as affordable we have to go through a process of certification them with ACD but the answer is yes in terms of the number of units since January of this year we have had 29 application to the city just to do some comparison if I can have the chart up

but essentially in 2018 we have 103 in 2019 we have at 97 to date March 12 we have 29 so just taking a time frame and extrapolate it out we anticipate that this year we'll have more application than the last two years okay so but we'll take a concerted

effort to make sure that we add these to our arena numbers you know what we're responsible for

building yes okay very good let me bring him back to council what is the pleasure of the council is

Phil BacerraItem —

our motion mr. Brotel I want to thank mr. Fertel for coming by because I you know I'm looking at the zoning map now and that amazes me that both sides of Bush Street are zone professional just and knowing that the existing area is predominantly housing so I mean that's a another question for another day as to how we got there but I think at this point I think our director made makes a good case as to why we should proceed as recommended so i'm going to go ahead and make the motion that we go ahead and place this ordinance on the first reading and authorize the publication of the title

and i'll second that with them with the understanding that um you know min if you can work with mr furtel and his son to make sure that they're able to go ahead and you know work through the general plan amendment and make sure that they have relief there thank you very good all

those in favor push green okay motion passes we're going to move on to item 85

a councilmember iglesias so this is this is just to add to what we're talking about when you made your presentation Lisa regarding the the host at the at the park and I think this is something else what I'm asking is um my colleagues to consider directing city manager to explore opportunities for food vendors to operate in city parks to encourage greater utilization of the space and deter potential transients so um my thought in talking to Lisa and um and her staff is the more presence we have at the parks it deters you know

individuals and then they become individuals from coming that you know want to use the parks and for you know for not for the benefit of the community but just more for the benefit of legal behavior and stuff like that what I believe you know this having individuals being our eyes and ears at the parks would encourage also families to come and be able to enjoy the parks more especially seeing what happens at Centennial Park. I know that we do have a vendor there, but they're part of Santa Ana College because they have their activities there.

But if we could have for staff to look like an RFP for opening it up to different individuals to come to our parks, I think that that would be a benefit for us and also, too, would help the security in our parks. but I will leave it up to the staff to see you know how the operations of it but I think you would encourage and and I've seen it like in bigger cities where they have this I'm not when you travel they this encourages up people like you know have coffee just go out there have fun and bring your family and then also would help us I would say a centennial too because you know

we're talking about the doggy park so that that'll also encourage more activity there so what I'm asking is our my colleagues you know to help you know help us with this so we can direct our our city manager to explore these opportunities at our parks thank you council member any other

Phil BacerraItem —

questions council member becerra um well thank you uh council member iglesias for bringing this forward my my question for you though is when you when you say food vendors are we talking food trucks are we talking brick and mortar what are you envisioning more mobile um like food

trucks or like um sometimes you know even the carts too because i think they they have to go through a permit too through the city so you know allowing them an opportunity to to be able to

Phil BacerraItem —

participate in that well i i appreciate you bringing it forward especially when we were earlier talking about the idea of eyes on the street so to speak or eyes in the park so uh it's it's an interesting concept i you know i'd be open to seeing what staff comes back with but yeah i definitely i have some thoughts and concerns but i i would rather wait to see what staff comes back with before flushing it out thank you councilman councilmember

David PenalozaItem —

thank you uh and thank you councilwoman iglesias for bringing this forward um i uh just thinking about the the item as i was going over the agenda over the weekend i'd like to i think this is more it gives us an opportunity to have a broader conversation on activating our park spaces And I know Councilwoman Iglesias touched on that on, you know, if we have, we're present, if more people are present, it's going to deter negative activity. And in a way that we could look at not just food trucks, but just more activations that are at all our parts across the board.

David PenalozaItem —

Whether it's, you know, one weekend having a, like we see the food trucks come up to the Civic Center here on Tuesdays and Thursdays. If we could have a day of the month where, hey, Centennial Park or Memorial Park or any one of these parks with larger spaces, we're going to have food truck vendors come out. You know, everyone purchase their own vending. And we could, I know there's a lot of food trucks that, you know, high-end food trucks that travel around that people like and people follow on social media and people follow them on Twitter. And they, I've driven down to San Diego chasing a grilled cheese truck. that's popular.

David PenalozaItem —

And then, so these are things that I kind of see, you know, not just allowing food trucks to just, you know, sit there all day, but activating our park spaces where we allow these different food trucks for a couple hours a day to congregate and have business. So yeah, whatever staff could come back with, different ideas that you've seen throughout the country, what other areas are doing other cities would be really great great thank you for those comments

councilmember Paniello so I think staff has its direction and we'll see it come back to us

certainly I would just ask the timing wise not in the immediate future because in light of the Orange County health officers order concerning gatherings I don't think this would be appropriate

to move forward immediately with it understood but it will come back to the council I agree perfect i'll go ahead and turn it back over to mayor pro tem we are on 85b this is to discuss and consider the direction for the city attorney and the clerk of the council to draft a resolution or ordinance to enable the clerk of the council to verify and enforce san anna city charter section 401 residency requirements as applied to the mayor and city council members and incumbent mayor and council members and this is an item for council members becerra and penialosa it's your

the floor is yours mayor pro tem thank you very much council members so which one would like to go first

councilmember sarah go ahead

do we have public comments on that okay very good i'd like to uh see them you could start there

okay very good we have three public comments uh evan

asic asic is that you sir come on come on forward and then we'll have god can't even read this thing elia valdez is he is he here today

oh there you are okay so you'll go second and then I can't read the writing anyone in the audience submit is that you Mario okay you'll be a third go ahead sir thank you

oh thank you very much oh you are Lordship the mayor and members of the council my name is Evans Udiambo Arek, I moved to this great land of America about three years ago. My purpose of coming here, I didn't know that in the council meeting it is open to members of the public. Somebody told me you can raise an issue when there is a council meeting. The reason why I came here is that I moved to Santa Ana. I live on 16th Street and I have a problem with the given the fact that I'm a student of London

our master student and I'm planning to be a researcher as a researcher of Harvard Law School so I have a lot of time of studies and I moved to a low paid rent unit here in Santa Ana and the problem I have is my roommate has been really, really harassing me. But if I don't go in detail, the reason why I came yesterday, I was beaten and I was strangled. There are two people. They were about to kill me. I called the police. Everywhere in the world where you go,

if you believe in God and Jesus Christ, the third person which your life is in is the police. when I called the police I've been going there the police came I'm the victim the police went ahead and issued me with a ticket that is like an arrest so what I was coming here because I tried even to call and meet the police chief I was trying to seek an appointment to know how somebody call a police then this person become a victim I don't have my mother neither my any parent or any relative of mine and the security these people strangled me i have here the x-ray report i have all those

things and still now i still have the band here today when i came from the hospital i have all this medical report and the police went ahead these people came together and then police pulled me out went ahead talk to them and me show me the ticket that i will go to court so i asked the police then i made a mistake of calling you and one of their seniors said that if you call us again on this thing then we'll put you in jail so that really perplexed me i wanted to a more senior most police officer to tell me or whoever is on top who police response to to tell me that if a

member of the public you are being attacked i was strangled i couldn't even turn this way my necklace for the last two days i couldn't turn and i have nobody to call to i called the police to come and rescue me my life then that same police is coming to give me a ticket and telling me that i if i call again i'll be arrested you are your worship the mayor i have here everything with me with the doctor's medical report even that police who should that i have his number here and is the the tickets i have here two tickets he gave me i have here this is his card is called

somebody carolo i'm sorry i don't know how to read the name somebody carillo 34 24. and i feel that i studied the reason why i'm going to have had is because that i believe in justice social justice and the rule of law and human rights i feel that the justice here is being miscarried by the police i'm the victim i came there i seek i didn't take law into my hand since i came here three years ago I've never touched anybody. Then I'm being charged with battery. And these people, one was holding me this way, and the other one was boxing me. The police said there was no witness because these two people collated together to injure me.

So that's why I came here to be helped.

Thank you for coming down here. This gentleman right over here, that's help. He's going to listen to you. The gentleman in uniform over there, that's our deputy chief. He'll be happy to take your information down and address your issues. Thank you very much for coming down. Thank you for waiting. I know it's been a long evening. Thank you, sir. Elliot Valdez, followed by Mario. I can't read your last name, Mario, but...

Okay.

Go ahead, sir. Good evening.

Thank you for letting me speak. This was actually... I was unprepared, but I just came for the memory of Albert Bloss. Richard Salveira, I'm not familiar with, but I'm sure a very respected person. I just wanted to take a few moments to recognize Albert Blas. Worked in the yard fleet mechanic since March of 1999. Beloved father, of course, and worked for many years for the city. Worked for law enforcement, working on the swap vehicles, everything from Santa Ana, fire department, many, many years of hard work. Basically grew up close to Delhi, the Delhi community.

I grew up here went to school here had children here and it's just my honor keep saying Albert Blas just recognize him if you ever hear his name definitely somebody was very important this community grew up here and definitely all a lot of us in the yard water department water production sewer everyone there parks department fleet law enforcement worked on traffic motorcycles and everyone I just I'm very honored to be able to once again be up here that's all it was I just I didn't realize I had an opportunity to speak about him but once again a great great man I just wanted to make sure that

anytime anybody heard his name Albert Bloss that he is remembered and I didn't realize it was someone else Richard Salveira my respects to him also thank

you sir thank you very much and last speaker card that I have is Mario I don't have the last name Mario Mario Chavez thank you sir come on forward

I'm here to speak on behalf of the virus that's going on in the nation, actually globally. I just got off the phone with Luke Correa a couple of minutes before entering the chambers. He says that we're working on a plan to give $1,000 to every low-income family to make sure that we can help them with this crisis, to provide food, water, and whatever shelter we can. I'm also working with local nonprofit organizations to see how we can shelter the people living in the streets. There's also a lot of people living and families living in cars behind parks, like in Mylescope Park.

You can find a lot of communities living inside houses and cars. They don't have no access to this information that we're providing. So we're starting a grassroots team that has hazmat suits and everything, just to stay prepared and cautious to go find these families that need this help drastically. So I'm just here to announce that Luke Correa is actively working on projects and that we're going to have a grassroots team here in Santa Ana. I don't know what the city wants to do to support this grassroots team, to go reach out to these families that have no access to us, that are living in RVs and trailers.

With that said, have a good afternoon.

Thank you, Mario. Okay, we're going to go back to item 85B. Is that correct?

Yes.

Okay, very good. Council Member Penalissa, the floor is yours.

David PenalozaItem —

Thank you, Mr. Pro Tem. So 85B, to discuss and consider directing city attorney and clerk of the council to draft a resolution or ordinance to enable the clerk of the council to verify and enforce Santa Ana City Charter Section 401 residency requirements as applied to mayor and council member candidates and incumbent mayor and council members. The reason why I wanted to, and I want to thank Council Member Becerra for, you know, joining efforts in bringing this item forward is because for as long as I can remember,

David PenalozaItem —

I've always heard about the monkey business that goes on throughout election time in the city of Santa Ana. It's led to numerous headlines, election after election. DA looking into Santa Ana City Council candidate. Ex-San Ana City Councilman pleads guilty to election fraud. DA investigating residency fraud claims against ex-Councilman. Santa Ana Planning Commissioner resigns amid residency questions. These are headlines that have just drowned our entire city.

David PenalozaItem —

Every time there's an election, it happens over and over and over. Unfortunately, the section in our charter that addresses this is a little weak, which is another topic of conversation that I'd like to eventually work on with my colleagues. but you know just in this you know special election that the city's coming up there was already a residency allegations you know i heard that some fountain valley residents were trying to run for the seat and it's it's disgusting it's embarrassing it's inappropriate that every election we have to deal with this so i wanted to bring the conversation forward and so did

David PenalozaItem —

councilman becerra uh because councilman becerra out of everybody knows what what happens when there's election and residency fraud taking place. So it's important that we look at this and give our, my goal, I'm saying our goal because I know we both agree, is to have the clerk of the council have some kind of policy that clearly states what the residency requirements are when it comes to issuing nomination papers for any candidate for mayor for city council

David PenalozaItem —

or mayor and that includes incumbents you know in our charter it says you know that we should reside where we live and I believe that that you know that should be the case and there just needs to be more enforcement more of a policy directive that really addresses this and I don't think there is one and you know that's why we put it on here so that us as colleagues could do what's right for our city and the integrity of our elections and and address this so uh councilman becerra

Phil BacerraItem —

well thank you uh councilman paloza and yes we you and i have discussed this and uh i think we're pretty much in sync on what we'd like to see um and bringing this before the full body here really at the end of the day what this is is a clarification of the means to verify candidate qualifications according to the current requirements in the city charter so as councilmember penalosa said we're not looking at revising the qualifications but really enabling our our city clerk to be able to assess the qualifications so as our clerk is tasked with you know deciding

Phil BacerraItem —

whether it's appropriate action to issue nomination papers and then what kind of materials are presented we just want to make sure that this body concurs what those items are and enables our clerks so that we don't have a fire drill every time there's an election and as we've seen this year there's a couple of elections and you know some that we didn't anticipate but I think we could lock this in hopefully either via an ordinance or resolution and I think the conversation tonight I'm hopeful we'll veer towards directing our staff to come back to us with some proposed guidelines so that we don't have this discussion again and as

Phil BacerraItem —

Councilmember Penaloza brought up we also don't have those headlines anymore so thank you Councilmember Penaloza and I would like to hear from my colleagues but my hope is that we go ahead and obviously given the timing of things today the appropriate timeline will have staff bring forth something for us very

good councilmember iglesias so my question would be for the city clerk and maybe the city attorney what's right now in the charter as you know of the documents or the information that you're requesting from the candidates in order for them to because i believe what we're talking about here is more residency rather than the qualification so um what's on the charter that you're currently

Sonia R. CarvalhoItem —

asking of the candidates? So prior to issuing nomination papers to a candidate, the charter requires the city clerk to verify that a person is qualified, is a qualified voter, and separately to verify that the person has lived in the ward from which they're being nominated for at least 30 days prior to the date that they pull their papers. Those are the only two requirements.

Sonia R. CarvalhoItem —

I've only worked with two different city clerks in my tenure, and those clerks have determined on their own which documents that they are going to use to assess the second criteria. So one clerk might decide that they want to see a lease or a deed or a copy of a driver's license, and I can let the city clerk tell you what kind of documents she was requiring. So each clerk has been left on their own to decide what type of documents they want to accept.

Is there a state standard on the information that the city clerk needs to ask for when it comes to the requirements?

Sonia R. CarvalhoItem —

So in the elections code, there is some direction. It says you can prove residency by evidence of X, Y, and Z, but there's nothing that we can look to from the state or otherwise that says these are the five documents you shall rely upon. So there are some charter cities in the state of California that have adopted their own ordinances which outline what type of documents will be acceptable.

pretty much what did you follow more of a the state standard or so I what I used was the

guidelines that were provided by the DMV although their purpose of proving their residency wasn't the same as this so I went ahead and used that state guideline which includes any government an official issue document, voter registration of a minimum of 30 days registered at that address, utility bills, valid driver's license with the current residence address, filed income tax returns, official school records, and employment documents. However, some of those documents may have, like, for example, the income tax return doesn't show 30-day residency. So there's some

documents. Going off of the state guidelines is the best.

that's all that was available okay so then just to understand then your your request um um call you david but council member is more of bringing more like a uniform of requirements of items that as a as a body you would want for us to say yes these are appropriate this is appropriate

David PenalozaItem —

this is appropriate is that what i'm hearing yeah well yes uh basically just you know us collectively draft the policy with the city manager and the city attorney that the city clerk has that could she could go by that is that is strongly worded that it's that has teeth that is enforceable just even the the one of the missing I think keywords from the the driver's license was valid driver's license right correct

it does state valid driver's license with current residence address but maybe the missing component would be within 30 days at that address because currently our city charter

David PenalozaItem —

says you know 30-day residency um but the driver's license that somebody presents could have been issued the day before at the dmv with that same address but that doesn't that doesn't have a 30-day window and it should everything should be 30 days and prior to that not nothing short of that that's just my opinion the affidavit from the registrar voters when somebody registers to vote it should be over 30 days um not you know i registered to vote at this address a week ago but i've lived there for 30 days i i mean these are all requirements that i would like to see you know

David PenalozaItem —

strengthened because it there's so many loopholes and it's so weak that causes us to have these unnecessary headlines every time there's an election okay and i know one thing that you had

also I would say recommended in the past is how do we go about just requiring more than 30 days is that something that you're looking into this well that would that would require a charter change

David PenalozaItem —

because it isn't our charter which would have to go to the voters if we were to go down that route but currently we could adopt a policy that would or was it an ordinance or policy madam city

Sonia R. CarvalhoItem —

attorney i'm not uh that isn't so when you have a charter that required makes the requirement you can like we we they're like akin to regulations you have a statute and then you have a regulation and so you could adopt a policy by resolution or you could give direction to your city clerk if you wanted to incorporate some type of direction on the type of documents she should be using okay so

i'm sorry councilmember silorio thank you uh i agree well we're heading in giving

procedures and clarity is always a good thing. I think something that we're not hearing as much about that becomes a question is who like validates or what kind of vetting or investigation is there because sometimes there just may be a question about a document and I'm fine with internal investigation reviews but it also needs to be applied equally to all right so that just because you think somebody's from Fountain Valley or somewhere else that you don't just you know use those procedures on one person and not on everybody else just as an equity thing and then my question related to the last thing that was

brought up a question for Sonia I know there's been some movement but I don't know where it's at just kind of case study case law regarding residency requirements I know there's been challenges but I forget kind of what's the law of the land if you will or not I know many are saying that even one day sufficient or 30 I forget what it is can you can you bring us up on that issue and I bring it up just because sometimes even though we may put something in place that doesn't mean somebody can't challenge it on other grounds if you

Sonia R. CarvalhoItem —

can give it give us a little bit on that. So there's much case law. Or make it legal. There are many there's much case law on this issue of residency and usually the courts will balance how long is the residency requirement for the particular issue. So how long do you have to be a resident before you can run for council? How long do you have to be a resident in LA County before you can apply for general relief? How long do you need to be a resident of California to apply for social services? And different standards are applied based on, I guess, what the courts look at is, are we putting a restriction on some protected activity?

Sonia R. CarvalhoItem —

So running for office is a pretty protected activity in our country. And so if you had a one-year residency, for example, that is not likely to meet the legal standard. 30 days appears to be like, okay, 30 days, you've settled in, we want to show that you're actually living there. So I think imposing longer than 30 days, I'd have to look at some more of the case law. I haven't looked at it in a while, but I think applying more than 30 days might be challenging. we can take a look at it because the courts will want a very minimum restriction on allowing someone to run.

But cities that have 30 days, it seems to be okay.

Sonia R. CarvalhoItem —

30 days seems to be just fine. Excellent. Thank you. Very good.

Councilmember Sarmiento and then Becerra. It's getting late. Thank you. And I'll be quick because I know this is our last item, and I think we all want to get home and make sure our staff gets home. So I think that some of the things that are clear is that the authority to review the criteria for residency vests with the city clerk. So he or she will have that information gathered, and I guess what I understand the recommendation is to come up with a more consistent policy or set of criteria, because I know that the election law code, or the election code, excuse me, has indicia of proof, but it's very subject to challenge,

and I think everybody's inconsistent with what they use. So that's more guidance than it is anything else. I don't think there's anything specific. So I do think if staff can maybe bring something back that's consistent with other charter cities, the beauty of a charter city is that we can be more specific, and we can set community standards to our policy. So that will give, I think, our clerk, whoever that is, when they have somebody come in, be able to ask for specific criteria and specific information because right now people will bring in random things and some of it looks fine.

And I think it also is inconsistent, and that's never how government should be. It should be very predictable. These are the things that everybody has expected, and we treat people uniformly. So that would be my only comment, and I think I'm fine with having it come back to us.

Councilman Becerra.

Phil BacerraItem —

Thank you, Mayor Pro Temp. To reiterate, this is not about changing the charter. This is not about adding time to the requirements of residency. This is more about simply saying, look, as we've got elections coming up, we're not going to be changing the charter before November at the very earliest. So while we have upcoming elections, let's just make sure that the way that our clerk is able to operate is consistent. So whatever she accepts as documents. And you know what? We live in a litigious society. Things get challenged. But you know what we do? We get up here and we try to make laws that work.

Phil BacerraItem —

So we're just going to have to get up in the morning and do it. So with that being said, today, again, I just really want to reiterate, we're not wading into the waters of trying to change the charter. We're simply reinforcing what the charter already says, and we can come back. This council has a charter review committee that will be looking at some potential changes to potentially put forth to the voters in November. But in the meantime, this is meant to be a more immediate measure that simply, if this body agrees, will, I think, empower our clerk to make sure that folks that are seeking to run for public office

Phil BacerraItem —

are not coming in with goofy paperwork that doesn't make any sense, and then all of a sudden, again, I'm going to go back to what Council Member Penaloza said, I don't think we need to have the headlines.

Sonia R. CarvalhoItem —

I just wanted to also add, there is a separate provision in your charter which says that the city council shall be the judge of the qualifications of any council candidate. And so I think it is through that charter provision that gives this council the legal authority to adopt some type of resolution which would specify the documents that are acceptable. I also think there's some value to having consistency so that the acceptable documents are not dependent upon who your elections official is, but it becomes part of the fabric of this community and what you find is acceptable to you and your residents.

Sonia R. CarvalhoItem —

So there is an example we took a quick look at. The city of Fresno has a policy, and their policy was adopted by resolution, and their charter is very similar to yours with respect to the 30-day residency requirement.

Phil BacerraItem —

Real quick, Mayor Persaud, I just want to what you're saying. I just want to make sure that we also understand this is not meant to become, you know, all of a sudden we're going to take that particular section of the charter and start investigating each other and going down that path. One, in my conversation with the city attorney, that's definitely not something afforded to us. And again, this is purely, I would almost say almost an administrative exercise. It's really just to clarify some provisions for the clerk to be able to operate. That's it.

Council Member Peña-Losa, and then I'll wrap it up.

David PenalozaItem —

Thank you, Mr. Pro Temp. And to add that, you know, this isn't just, nobody said that this was going to be something used on selected people. This was going to be who anybody who wants to run for office in our city, you're welcome to. I encourage it. You know, if I could be of any assistance, please, but there should be a policy. I want to be weary of saying, you know, as long as we're consistent with other cities, because that doesn't work. A lot of all these cities, you have these dirty politics that, you know, lead to these shenanigans that happen all the time.

David PenalozaItem —

So, you know, I do like the policy that was adopted by resolution by the city of Fresno. I looked it over very carefully, and it is something that we could consider because, again, to avoid all of the headlines and the nearly a million dollar bill we had just last year because of this very issue. uh it's uh i would be you know to not spend too much time talking on this right now because we can't take any action but i would like to see uh staff come back with with a policy or a resolution that we could that would fall under the clerk of the council where she could have that authority

David PenalozaItem —

and clear direction of what is going we're not changing the residency requirement we're not i'm not asking for all that because that's charter changes from saying what uh documents should the clerk of the council ask of any candidate to bring forward when when pulling nomination papers and I'd be as comfortable if my colleagues agreed to put an ad hoc together if staff needs a clear direction on to draft this policy I'd be happy to volunteer that's an idea but I mean those are my final comments

Mr. Pro Temp thank you very much I'd like to thank the two council members bringing this up this is something that this council has talked about for the last couple of years and then things changed and now look we had some issues and now we're going to address them. I appreciate that. Real quick I also believe that having a policy like this or a resolution that would actually deter fraud and if one of the things we should look at also other than it says driver's license you want to use real ID because that's what we need to go and you know you have to show proof of residence and all that when you're going

to get your real ID so I think that's something we should look at I think that change is going to take place by October we're all going to have to get a real ID so thank you gentlemen I appreciate it we're gonna move on to and the staff is

Sonia R. CarvalhoItem —

clear on the direction very good some options I understand that the city clerk and our office city attorney's office are to work together to bring the city Council a resolution or some type of policy adopted by resolution which would clarify the documents that would be acceptable to our elections official in verifying residency for purposes of nominating someone for City Council.

Okay, very good. We're going to move on to item 90A, the City Manager comments, since we already had public comments.

Thank you, Mayor Pro Tem. I have about three items. The first one I just want to call to attention that today a very important action was taken by the County of Orange, and the Orange County Health Officer issued an order to slow the spread of COVID-19. It's a very comprehensive order, but what it does do is it places a prohibition on all public and private gatherings of any number of people. The prohibition does apply to professional, social, and community gatherings, regardless of their sponsor, that are not required, that are not engaged in essential activities, and that goes on to list a lot of the essential activities.

We've been already receiving a lot of questions at the city, although it is a county order, not a city-issued order. Some of the questions pertain to restaurants, which as of today are no longer allowed to have dining in, only takeout and delivery. So for our restaurants in our city, I just wanted to provide the number, if they have any questions that they can contact, and it's HCA Environmental Health and the phone number is 714-433-6000 and then for just general citizens if they have any questions as to you know how to comply with this and what all does it entail I have another phone number

for that and it's 1-800-564-8448 and then my other two items very quickly census 2020 it's underway Santa Ana residents probably have already received the information in the mail and we are encouraging everybody to respond to the census online over the phone or through the mail we do have a copy of the online form on our website in 12 additional languages other than English and we also have a video guide that shows people how to complete the online questionnaire. And then also, even though we are under the quarantine of COVID-19, we still are

attempting to conduct budget meetings to engage the community in the budget preparation and also the strategic planning. So we're going to be doing a lot online and through social media outlets. And our finance director at the Comlink meeting, which is scheduled for March 26, which is being done Facebook Live and full compliance of the order, we'll be kicking off those series of meetings. And that's all, sir.

Thank you very much. We're going to move on to Council Member comments. Council Member Becerra.

Phil BacerraItem —

Thank you, Mayor Pro Tem. I want to thank my colleagues for adjourning tonight's meeting in the memory of Richard Salvetta, who passed away on March 6th. He was a longtime resident of Santa Ana, particularly down in the Republic Homes neighborhood. uh he was uh he originally came from ohio and he's survived by his wife lydia and their three children and their four grandchildren and six great-grandchildren i also want to express my condolences to albert blason and his family i appreciate the work that our employees do and so i'm happy that we're adjourning in memory of him as well i also want to let former council member

Phil BacerraItem —

Rob Richardson know that I and many of us are pulling for him here in Santa Ana as he wrestles with some health issues so just keep him in your thoughts and on to another thing that I think Rob would appreciate and that is I would like to have planning staff at the next available opportunity to update the planning commission and the city council on the progress of the outcome of the facade reveal for the first American site on 5th and Main Streets it's been my understanding that we've seen some of the 1960s facade peeled off and we're seeing some really beautiful art deco

Phil BacerraItem —

treatment underneath and so hopefully as that proceeds we'll we'll see a facade that has enough integrity to be incorporated into the project that this council approved i also want to take this opportunity to thank our city staff whether it's our city management whether it's our full-time staff or our part-time staff all of you guys are you know just you guys are amazing and as we go through these tough times I think it's important to just really appreciate everything that you guys are doing because I know that as as we start to look at what we're gonna do during

Phil BacerraItem —

this particular situation with COVID-19 you know there's gonna be a lot of different asks of staff there's going to be a lot of different opportunities to innovate but at the same time requirements for you to be nimble and to have to really just kind of figure out a way to get the job done so I don't envy some of the tasks that are in front of you but I just want you to know that I think this council appreciates all that you do and we're excited that in this time that you guys are the ones that are going to help keep the city running and moving forward and then just to our residents in our community and our

Phil BacerraItem —

business community as well I would just you know it's it's easy enough to say it but I definitely ask just you know stay calm you know this is not the time to panic and I think you know really it's kind of an interesting opportunity as we are asked to limit our social interactions but to really kind of take the time with our families and you know really you know just appreciate what we have and you know really try to keep ourselves healthy you know and with that I just hope that we can take this opportunity to come together not just as a nation not just as a state or county but as a city as our our fellow neighbors

Phil BacerraItem —

and you know help each other out now we do have to observe social distancing but you know as some of the folks in our community who might be a little more susceptible to the virus as if they were to go out in a certain arenas such as our grocery stores and whatnot. I would ask that you know if we're able to help them out please take the opportunity to volunteer and help them as well. But with that this will probably be our last meeting where we're all together here as a council so I'm looking forward to interacting with many of you on our

what is it gonna be Webex? I'm about to ask for the three minute button here. Go ahead. So thank you very much.

Yeah. Go ahead, Councilmember Ben Sarmiento. Thank you, Mr. Mayor Pro Tem. And, yeah, we want to come together just as long as we're six feet apart from one another. So, no, I want to start with something that inspired me today was one of our 7-Eleven owners is going to be providing two slices of pizza and a small drink for students who show their Santa Unified School District ID for the entire week. And so we know that a lot of these children are used to going to school, and we're used to seeing them go to school, and unfortunately they won't be,

and they'll be learning in a different environment, but they also receive their meals there. So we know that people like our friends at some of the 7-Eleven stores are doing their share, and hopefully it inspires others to do theirs as well. I want to thank staff as well, and I kind of want to go a little bit above and beyond because I know that sometimes when moments like this, and I guess, you know, when I was a young council member, we were living through the recession, and we came very close to having to file a bankruptcy, and we were staring down a Chapter 9, and, you know, our solvency was in question.

We were down to $3 million in our operating fund, and we're a half-billion-dollar organization. So, you know, we've had some scary moments here. You know, some of us have lived through 9-11. I know I was in a federal building when that happened. And so this is a little different than that. And, you know, I just want to say, look, thank you to our staff. Thank you to our employees. Thank you for the executives that are a calming influence on everybody, because that's what we have to do to be able to address this, is just understand that this is something that's going to be difficult for us to work through and to live through.

But to the extent that those of us who are in positions of making a difference in people's lives, we show our humanity. We're compassionate. And I know that conversations with our city manager and other staff, we know we're going to be reaching out to our employees, talking to them about some of the very unsettling changes that are going to happen in their lives. They're not going to be able to go to work as they once did all the time. We're going to try to do our best to absorb them into other areas and hopefully reduce the harm and reduce the impact to people's lives

because it is very unsettling when change happens with everything else that's going on. You know, I do want to say I'm a little disappointed with our friends across the street at the county because it is something that all of us were hoping they'd step up and maybe help us deal with the issues over at the courtyard. We know that that is a very dangerous environment for many people because we have so many people under one roof, and that isn't really addressing what I think the directives, not only federally but statewide as well. So we understand that we're on our own, and we're going to be fine

because I think we have thoughtful leaders here. I think we have intelligent decisions, and I think we have a good direction to make sure that our friends and families and our residents are going to be safe. I know that the school district is facing their challenges as well, having a school district as large as ours, 51,000 students that are going to be out, and to the extent that they are going to hopefully step up and make sure that there is sufficient meals and child care and whatever else they can do.

I know that they're concerned about what we do in the city, but I'm very concerned about what they do with our mutual constituents, which are the most susceptible, which are our children. So I hope they step up, do what they can with respect to care for their children, but also making sure that they're sensitive to the parents that we know are going through some very, very difficult moments. But I want to thank all of us up here for supporting the emergency ordinance and its measures. I think that it's a very, very, very profound decision that we took tonight to help our community and provide relief,

and that is something that is very important in light of what's going on. I think those will go a very long way to settle a very nervous and anxious city that we have right now in state and country. So I think we're doing our share as responsible stewards and local electeds. So thank you very much. I hope everybody stays safe out there. I know it will be a while before we're together in person once again,

but again remember this too shall pass. Councilmember Jose Solorio. Thank you. First in addition to the 7-Eleven offer I know San Unified and Garden Grove and you know probably Orange and Tustin as well but for sure the the two former where most of our students go they do have a grab and go program where for breakfast and lunch they can go by and get a very nutritious meal. My son Diego went to get his lunch today so he was excited about that want to thank staff for handling all these issues you know really on the fly I know there's some that think you know we're doing too much or not enough and there's a lot of

issues to manage a lot of people and want to thank in particular our city manager Christine rich for her stable leadership during during this time period for the folks at home I just wish everybody you know health and peace you That's really, I think, what it's all about right now. And during more time at home, a great time to fill out the census. So good idea there to look for your census form or website or the city's census website to take that off the list. Thank you so much. Councilman Peñalosa.

David PenalozaItem —

Thank you, Mr. Pro Tem. I mean, what is there to say? I know that these past few days have been confusing, worrisome, and stressful for many. And I'd like to assure all of you that the city and this legislative body is taking every safety precaution necessary and closely monitoring the situation as it develops. We have made the decision, as you all are aware, to temporarily close our community centers, our libraries, the Santa Ana Zoo, the police department, lobby, the Family Justice Center, and the Bowers Museum and the Discovery Cube have also temporarily closed through the end of the month.

David PenalozaItem —

Please note that these decisions are not made lightly and are being made out of an abundance of caution following guidelines set forth by the Center for Disease and Control, the OC Healthcare Agency, and the Governor's Office. Our public parks remain open, but please use caution and keep a distance from others. I know that some of the programs being offered locally are local school districts servicing our community. like Santa Ana Unified, as my colleagues mentioned, have also taken the precautionary step by temporarily closing our schools, and they're providing free grab-and-go meals for children

David PenalozaItem —

under 18 at 13 different sites. I know that Saddleback High School, which is my alma mater right down the street, yesterday, I believe, served about 180 meals to kids that were coming and grabbing. That was a number that I heard, so I'm hoping it's accurate. You know, for more information on that, of course, go to the school district's website, sausd.us.

David PenalozaItem —

Restaurants have been directed, of course, as we've all heard, to close down for dine-in options as well as bars and other areas, so I encourage everybody to help out our local businesses, phone in and order for lunch use takeout um uber eats that other one that's i forget what it's called um postmates uh and help our local businesses because they are also hurting and it's going to take all of us to protect one another and practice these social distances distances that we're all um been practicing over the last couple of weeks and also i just

David PenalozaItem —

want to remind everybody to not panic buy. There isn't a food supply shortage in any of our grocery stores and they will restock. It's only causing unnecessary fear and it's causing unnecessary panic throughout the communities and additional stress on families that don't have that luxury and privilege like a lot of us do to panic buy and bolt buy for weeks on end. And of course, I'd like to remind everybody that our water, Santa Ana water, is award-winning and it's safe to fill it from the tap. So there's no reason going out and hoarding all the cases of water at Costco.

David PenalozaItem —

You know, it's important to know that these closures and changes are not made due to known cases within these numerous public facilities, but to limit the contact amongst individuals and help fly in the curve to exposure. It is up to all of us to make sure we keep our community safe and help stop the spread of this virus, regardless of your age. Everybody says, you know, 65 and over, please stay home. I highly encourage everyone, regardless of what your age is, to stay at home, you know, unless it's necessary to go out, practice safe, you know, safe distances from people,

David PenalozaItem —

wash your hands constantly, use hand sanitizer, cover your mouth when you cough. These things are going to help avoid the spread of this coronavirus that we're all learning about as the days go on. And just wanted to say that since everyone's at home, just like my colleagues mentioned, the Census 2020 invite came in the mail yesterday at my house, and I'll be filling it out sometime this week. so I encourage everybody to fill it out online because it's gonna you know have a huge impact for the next 10 years in the in the terms of hundreds of

David PenalozaItem —

millions of dollars that could potentially impact our community from the federal government so thank you and stay safe out there

Councilmember Iglesias

so I just want to wish everyone and I hope you guys all had a happy St. Patrick's Day hope you're wearing your green or I'm gonna go pinch you oh but I can't because there's a six feet okay I'll get you back when ones were able to touch each other but um one of the things that I wanted to ask the city manager I know you gave out the number for the businesses for us to call

regarding I think it was I guess if they had questions on the other closures because I know you gave us one for the general public which was 1-800-564-8445 but then you have given once for the businesses so the two numbers I gave

gave out are in relation to questions regarding the County of Orange's health officers order not the actions that we're taking and the 800 number would be the one for general questions yes and the other one that I gave you is for restaurants who may have questions as to how to implement them okay but what was

that number okay so if you can look for that I also had a question because I know you mentioned about you know that there's the social gatherings are I guess prohibited now one of the questions that I've been getting a lot especially from the churches is like what is it that you know that they have to abide by is it you know no more gathering sponsors before it was 50 and then it was you know and like it was a recommendation by the president and more

no more than 10. So what is it now? Within the health officer's order it doesn't state a number of individuals it just says a all public and private gatherings of any number of people. So the churches should probably reach out. I don't want to interpret you know the county of Orange's order but I believe that means that they can't have services. Okay so then refer them to

the same number that you're going to give me. The general number and then the one for the

restaurants. Let me find that again for you. For restaurant questions it was 714-433-6000.

Okay well thank you for that clarification. So I just um you know want to echo what my colleagues have said. It's a time I believe that all of us need to be working together to ensure that we get through this. And as you know, I'm big in my faith, and I believe it's a time for us, for those of us who are men and women of faith, for us to start praying for each other, that this too shall pass, and it's something that is, if anything, it's strengthening our faith, and also it's strengthening our relationships with one another. So I believe things happen for a reason, and I believe this is bringing us together

together and you know to for us to really address the issues and concerns for our community and One thing that I would like to ask of the city manager. I know that you send out You know the information on on social media and we put a lot of emphasis on the The English message that goes out, but if we could start also doing

Information you know sharing information more on the Spanish too and then Vietnamese and I know we do that but one of the concerns that Councilmember Pena also brings up but it's like it's so wordy so if we could bring it up that it's something that it's more I guess easy for us to really understand what's going on and if you could do it on the different languages it'll be amazing it'll be an amazing opportunity for the for the community to get engaged and I just want to thank staff for all that you guys do and I know I don't thank you enough but know that I am very grateful for all that you do and definitely you

guys are all in in my prayers and uh you know we we have to take care of each other so thank you so much for taking care of us and then you know in return my commitment is to also take care of you

thank you thank you everyone the next scheduled meeting is for tuesday april 7 2020 and we will keep the public posted on um on that meeting we might be virtual by then i hope and uh stay strong Santa Ana. Meeting adjourned.