Read the July 3 meeting.

If you could all please stand for the Pledge of Allegiance. Ready? Begin. 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. If you can remain standing, we have Eric Wakeling, our police chaplain.

Thank you very much. It's good to be here as a police chaplain and pastor of Calvary Church of Santa Ana. I'd love to pray. Heavenly Father, thank you for this city. Lord, we pray your blessing upon this city. And Lord, for this council and this meeting tonight, we pray for your wisdom and your guidance upon them to make decisions that will benefit the people of this city well. We are grateful for them and the service that they do for this city. In Jesus' name we pray. Amen. Thank you.

Thank you. You may be seated. We have a presentation today by Orange County Water District Manager Mike Marcus.

Council Member Sarmiento, would you say any words?

Nothing. Just welcome, Mike. Thank you for coming and addressing us and giving us an update on what's happening over at the Orange County Water District. The floor is yours, sir.

Thank you very much, Mr. Mayor, members of the council. My name is Mike Marcus.

Go ahead. Two seconds. I want council member to commend our chaplain because he just got a promotion.

Yes. So our chaplain has been serving our community for a number of years. and Calvary Church of Santa Ana, a long-standing church on the east part of town, just recently was appointed to the position of senior pastor, and I just want to congratulate Pastor Eric Wakeling for that appointment. Thank you, Mayor. Thank you. Please proceed. Thank you, Mr. Mayor, members of the Council. My name is Mike Marcus. I'm the General Manager of the Orange County Water District, and I have a brief presentation for the Council this evening on a couple matters that may be of interest to them.

So first of all, the Orange County Water District, just to remind you, we manage a groundwater base, and we provide groundwater to central and northern Orange County, about 2.5 million people, including the City of Santa Ana. The City of Santa Ana is able to have 75% of their total water demands as groundwater. The other 25% they purchase from the Metropolitan Water District of Southern California. The benefit there is groundwater is half the cost of imported water from MET.

So we provide that, we protect the groundwater basin, and what I wanted to do is address the council this evening on a couple issues that are directly concerned, or one of which directly concerns the city and the other indirectly as well. So the one is some work we're doing in Centennial Park as a part of an injection well park improvement construction project. And the other is to talk a little bit about a term sheet that the district's board of directors has entered into with Poseidon Resources to consider purchasing water out of the proposed Huntington Beach seawater desalination facility.

So as far as the Centennial Park project, right now it's a $29.5 million project.

We're constructing four injection wells so we can inject some of our highly purified recycled water into the groundwater basin, two monitoring wells, and providing some new park improvements also. The completion date right now is scheduled to be fall of 2019. So we've been extensively coordinating with the city, the school district, the college and heritage museum. We're attempting to minimize as much as we can disrupt disruptions to the school and the activities that go along in the park. We are maintaining access to the soccer fields on a continual basis.

We're constructing these new injection wells in vaults, so they'll be below ground vaults. You won't be able to see them once they're completed. We're doing a lot of the work inside the park at night. There again, to minimize the disruption during the daytime of the activities within the park. And we have had a series of neighborhood meetings, so we are trying to outreach to the community as well. As far as the upgrades are concerned, we're building some new restrooms and locker changing rooms in the north soccer fields. We're also building some new restrooms and an office near the skate park.

So those are new facilities that will help improve. By the time we're done, the entire facility also will be newly paved, or freshly paved, I should say. There's new fencing and security cameras around the skate park. And when we back flush these wells, we'll discharge into the lake, which means that the city won't have to use some potable supply to fill the lake. So those are some of the benefits. This is a picture of the project site. So if you're familiar with the park along the northern edge of the park, of course, Edinger, along the east is Fairview and the Santa Ana River on the west side.

So we're constructing the wells. It's a little bit difficult to see, but there should be four kind of orange circles where the injection wells are. Oh, I'm sorry, there's the injection wells in purple. We're also putting in some pipelines. So the blue shows the pipelines. We actually tie into our groundwater replenishment system pipeline on the west side of the Santa Ana River. We'll hang the pipe along the bridge, come into Edinger, and then down into the park, and then around inside the park as well. The back flush pipe follows the same route as a supply pipe, so that's kind of the loop around the pipe.

We do have two monitoring wells, which are the small red dots. The shared structures that I mentioned, the changing room and the other facility within the park. As far as the phasing is concerned, as I mentioned, we are doing nighttime construction within the park to allow the continued operations of the facilities during the day. And as far as the wall construction is concerned, we can't have more than two sites open at any given time.

And this shows some of the areas within the park, the high school, the athletic fields that we're working around, and the parking lots. So those are the parking lots that will be newly repaved after we're done with the project. These slides just show kind of where we're doing the well drilling. we do put sound walls up, so those are the structures you see that are being built on the left and the right-hand side are sound walls to help mitigate sound because the drilling is a around-the-clock 24-hour operation.

And then this just shows a picture of the drill rig that's drilling the actual well.

Mr. Marcus, if you don't mind, before you switch over to the Poseidon project, Number one, I wanted to thank you for being here, and you're the general manager over at the Orange County Water District. I'm the director that's representing the city of Santa Ana with other nine members on that board. There's three cities that are directly appointed, this being one of them, Fullerton and Anaheim. So thank you for coming here and talking to us specifically about the mid-basin injection wells. I know there's been discussion from some of our residents about the condition of Centennial Park.

They see some of the work being done, and so this adds some clarity to it. this explains why we have a presence of construction and there's been also some discussion about the condition of the lake which had nothing to do with you but as you went through your discussion on some of the benefits that are going to occur and some of the mitigation measures including the repaving of the of the paths along there and the streets within the park as well as injecting gwrs water into the lake I know is going to be a benefit to just the entire lake in addition to the restrooms,

the locker rooms, the cameras, and the new fencing along the skate park. So we certainly appreciate our partnership with the Water District and appreciate you being here. I know there was a discussion about one of the subcontractors leaving some equipment at one of the sites. Ben, and I always forget Ben's last name. Smith. Smith. Easy name to forget, right? So Ben was kind enough to address that concern. I think you had some additional information as well, because I see Chris and some others who were on that email chain here. So anything you would like to add on that, if at all?

The issue that came up was the contractor had leased some property in a vacant lot north of Edinger. And what had happened, he didn't check with the city as far as what the zoning was. They stored some material on site. It generated some dust. There was a complaint by the neighboring association. And the city and the water district stepped up. The city came in and told them that the site was not permitted for that use and that they were to vacate. So the contractor has, it's my understanding, has cleared the site.

They've taken care of some of the dust mitigation, and the only thing that's on the site right now is a few pieces of pipe, which they plan on taking off-site Thursday morning. So hopefully by Thursday afternoon, everything should be mitigated.

Thank you for that, sir, and please continue. Thank you for that clarification.

And I want to thank the city also because as Councilmember Sarmanto mentions, there was a tremendous amount of collaboration between the city and the water district. Obviously the water district got something out of the deal. And what we got was an easement for those wells, which was very critical for us because it's very difficult to find sites for wells. So in exchange for the easement, the district agreed for the repaving and the other facilities around the park and has worked tremendously well with city staff. So I just want to compliment city staff as well for their involvement in the project.

So switching gears, a brief presentation on what's happening with the Huntington Beach Desalination Facility. And what this project is is a potential partnership between the Orange County Water District and Poseidon Resources. The district, and what this project does is it's a seawater desalination plant, so it takes seawater, runs it through reverse osmosis, creates potable water, about 56,000 acre feet of water a year. And the water district has entered a term sheet to potentially purchase that entire amount of 56,000. The board did approve a term sheet back in May of 2015.

Oops.

As far as the major term sheet elements, Poseidon would develop the treatment plant. And these were the original elements of the existing term sheet, I should mention. So Poseidon would develop the project. They would sell the water district the water at the fence. And what that means is the water district in the original term sheet was going to build the distribution system and then take the cost of the water, the treated water from Poseidon, add the cost of distribution to come up with the total cost for the project.

Originally also, the current term sheet, it's tied to a structure whereby we look at being charged whatever the current metropolitan rate is plus a certain percentage. and that percentage started out at MET plus 20% for the first 10 years of the contract. And I might mention at this time also we were looking at a 50-year term with the original term sheet. And then every 10 years that percentage would go down by 5%. So it would start out at MET plus 20, MET plus 15, MET plus 5, MET plus 0. So those were the terms.

And the other thing that's noteworthy is in order for the project to proceed, both parties agreed that it must receive a Metropolitan Water District LRP subsidy, which they had used the $475 an acre foot LRP for 10 years. So as far as the staff did bring back to the board last month a revised term sheet, and the board voted to defer action, and they will actually take action at the July 18th board meeting this month.

The revised term sheet, what it does is it more or less mirrors what the agreement was with Poseidon at the Carlsbad plant down in San Diego. So what it says is that we would pay for the actual cost of the water plus a certain return on their equity. We would also propose shortening the contract period from 50 to either 30 or 35 years. It would include also an option for Poseidon to construct the pipeline. So we were attempting to push some of the risk back onto Poseidon as far as building the entire project so that the district wouldn't have to do that.

There were some concerns on our part that we might be delayed in constructing the pipeline project, and Poseidon could theoretically build the facility before we were done with our portion of the pipeline work. So the decision was made to offer that to Poseidon. So Poseidon is currently working as far as where they are in their process in permitting the project. and right now they're looking at having two major permits that are required. One is with the Regional Water Quality Control Board, which they hope to receive the first quarter of next year, and then the other one is the Coastal Commission,

which would follow several months thereafter. Right now the estimated cost of water is about, for the entire project, is about $2,300 an acre foot. If you were to take the LRP subsidy off of that, you'd end up with a cost of about $1,800 an acre foot for the water. It's estimated that it would increase the typical residential monthly water bill from somewhere between $3 and $6 a month.

This graph is a little bit busy, but what it attempts to show is the cost of the Poseidon water, which is on the red line. So you can see the red line. The blue line, the top line, is the projected cost of MET water at a historical 6% annual increase. The green line below the red line is the cost of MET water escalated at 4.1% annually. And that is MET's current projection of their increases, taking into consideration them building the twin tunnels. So that's their best estimate right now.

The bottom line was the meta-estimate if they didn't build the twin tunnels, if they just built one of the tunnels, and that was at 3%. So you can see there's a difference in those curves, those cost projections, and that's something that the board is attempting to evaluate. As far as the next step, as I mentioned, the board is going to consider the modified term sheet at its July 18th meeting. Poseidon does have to obtain all project permits. OCWD is attempting to develop a viable distribution system. CEQA still has to be done for that distribution system.

And then OCWD and Poseidon need to negotiate and consider a final water purchase agreement. So if the board does consider or approve the proposed term sheet at the 18th, we would continue on. and at some point get the authorization for the board to enter into the final purchase agreement.

That ends my presentation. I'd be happy to answer any questions.

Let me first defer to Councilman Armento because he's on the board.

Thank you, Mr. Mayor. And I did have a chance to thank Mr. Marcus for being here. I thought it'd be important for him to come here and give us a brief presentation on both those matters because Centennial was an issue with some of our residents and the impact in explaining what's happening. But secondly, as Mr. Marcus was saying, on the 18th of July, we're going to be taking a position on the term sheet on this new Poseidon desalination project. So I should say in advance, I think the term sheet that's before us on the 18th is a much improved or better term sheet than what was presented to us previously.

So I think there's been some good work done by staff and the applicant as well. One thing I know that I often fail to mention when I talk about the desalination plant is at the end of this process, the water district will own that plant. So there's a good, you know, there's value there in addition to the value of having a certain reliable source of water that we don't have right now and living under the conditions that we do where the hydrology is so uncertain. it is a great benefit to have that as we have with the groundwater replenishment system which recycles our water and gives us about a million gallons a day

and so that's another really important asset that we have here in our district but what I should state and I hope Mike you can help me with this is to the for the benefit of my colleagues and for the benefit of the public the reason why this plant is so important and I want to thank my colleague Councilman Solorio who works with one of our water agencies, he wanted to see if we could kind of revisit this issue because I know we have a resolution in support of the Poseidon desalination project to the extent it's rate neutral. In other words, that there is no increase in the rate to what we're paying for metropolitan water,

district water that we import. So that's why the whole discussion about the $3 to $6 rate change, $3 to $6 increase, in the rates that our residents will have to pay for this is important because that's the price of the water, the delta, I guess, between what we're paying now and what we could potentially be paying for later if we decide to support, and this thing gets adopted and built. But there's also another cost for the infrastructure that the cities will have to build for the conveyance and the distribution of the water being brought to us as well.

That, in addition to rate changes that we're going to have to deal with by adopting the California Water Fix, the Twin Tunnels right now. So that's going to be another adjustment for rate payers, in addition to the final expansion of GWRS, which is going to be kicking in next year. So I just didn't want us to make a decision in a vacuum. In other words, take all the elements into consideration, and that way we realize what the burden or what the cost will be for our residents. Personally, I, you know, right now still have a lot of questions.

I think I can support the revised term sheet, but I also wanted to make sure that my colleagues are well aware of what this could be potentially down the road and the impact it will have to the cost of water for our residents and to make sure that it doesn't appear like we're subsidizing water that's going to be sent elsewhere like South County. If it's to the benefit of our residents, then it's something that we want to consider.

But if it's to the benefit of others, we have to make sure that it's a sound decision because we know that Huntington Beach is not going to have the rate impact that other cities will because the plant is in their city and they were able to, at least right now, negotiate a rate-neutral term with Poseidon at least for the first five years, I believe. So, in any event, I just wanted to give that as some context for my colleagues to understand.

All right, questions, thoughts?

Council Member Solario. Yes, thank you. I wanted to thank Mr. Marcus for coming out. Excellent presentation. You've always been a fantastic partner to the City of Santa Ana. I do think that, as Council Member Sarmiento mentioned, this is a better term sheet. So, thanks to the staff. and I think Councilmember Sarmiento was also part of one of the committees that helped make it for a better term sheet. I did go back to the council resolution that was the year before Councilmember Villegas and I got on. It was more support just for desal overall, not necessarily for Poseidon. Not too much

mentioned really about cost, but just a general support and I think we're still in that flavor. We maybe, I think about three months ago or so, we took a position on this council for the California Water Fix. And that too, I think, has the cost delta of $3 to $6 per month,

approximately, as this one as well. But the actual difference is, though, the Water Fix actually really doesn't guarantee us any new water. It's really just to solidify the reliability of the water that we get from the delta. whereas this one actually does generate new water. Also, I think this promotes self-reliance because if something happens to the Delta big earthquake or Colorado River, there's still issues with that. It gives us some self-reliance. And having been in Sacramento myself, I'll tell you that if they're short on water, when they think of Orange County, they may not be too helpful.

So we do need to think about self-reliance. and I think that's why the board is looking at it. And I do want to thank Councilmember Sarmiento for really saying, hey, I know this is better, but we want to minimize the impact on San Diego ratepayers. So I like that continued direction. And Poseidon, quite frankly, they still have more work to do. They're already, unfortunately, believe it or not, 20 years into this process, they first submitted a complete application to the California Coastal Commission 20 years ago. So there's still a lot that will happen between now and this really opening, and we need to keep shrinking the delta.

I do appreciate the water district's time and Council Member Sarmiento's time and effort as well in this update. Thank you so much.

Any other thoughts or comments?

Council Member Benavides. Mr. Marcus, we want to thank you for coming and making this presentation. Before us, obviously, both of these matters are very important to the city, one locally. Centennial and you know water is something that we're not making any more of yet it's vital to life and and Santana work we're Benefit from having our own local Wells and aquifers, but clearly we still need to import and This idea of having that this desalination plant that would make us potentially less dependent on importing water from further away and having our own supply here I think is

is something that we should certainly be considering and looking at appreciate Councilman Sarmiento's representation of our city on the board the the concept of a rate neutral improvements or development of the the desalination plant and ultimately making it so that we're so able to provide the resources that we need, but at the same time being mindful of not burdening our community, our residents too much. I appreciate the fact that that's being considered and factored in

and that our representative there is being a voice for that. One of the other things I wanted to, coming back to Centennial, how long is that project overall going to take if you recall from start to finish? Oh well the completion date is the fall of 2019 and we're probably about a year and a half into it. So yeah it's a two and a half year project. Two and a half years. And one of the things that got my attention and think it's important for our community to be able to see is that within two and a half years the impact, you've been very mindful Water

district and having the impact be very minimal yet there will be some clear benefits from restrooms, office, locker rooms, security systems, new improvements to the road and such. So that's that's I'm able to see their clear intention on having a partnership that truly benefits both the district and and water district and the city and ultimately our residents. I just think that it's it's important for us to be mindful as we look at partnerships. I

know that the college district is looking at extending some use and that's not a two and a half year three year use we're talking about decades upon decades right of current use past use and then with what's being proposed going forward. I would hope that any type of partnership would look at this model of direct benefit to the park users and residents of our community, capital improvements and such that we will be able to see in our community and youth and families will be able to benefit from. So thank you again for your presentation, your work. And that's all. Thank you. Thank you. I've just got a couple quick

questions. In the presentation I think you talked about something like 54,000 acre-feet a year, something in that range. How big is that for you know you know for folks at home watching on TV? How much water do you currently handle?

How much does this increment the total? 56,000 acre-feet of water would provide enough water for about 450,000 people, roughly. Right now, our recycled facility, the groundwater replenishment system, we produce enough water for about 850,000 people.

So maybe it's a third or in that range?

Of the total, the 56,000, it's probably about a sixth. A sixth? Yeah, the total pumping is about 300,000 acre-feet.

So this is about 1 6. And I know Councilman Solario, you know, talked a little bit about some of the different things that we're having to integrate here. And Councilman Sarmiento talked about the fact that Huntington Beach is hosting it, therefore they're revenue neutral. I don't know if others, if we all go revenue neutral, how are they going to pay for it? but is it roughly $2,000 an acre foot? I mean, I've heard all sorts of different numbers. Do you have an estimate?

Right now it's starting out at about $1,700, $1,800 an acre foot, whereas the Met Water currently, or projected, that's projected to 2022, and the Met rate would be projected about $1,200 an acre foot. So there's about a $500 to $600 difference right now between the two.

That difference over time, might it go up or might it stay the same or come down?

Well, it could go away. It depends on how much Metwater escalates. If Metwater escalates at about 6%, I think the lines cross, if you will. The decel becomes cheaper at about year 12. If it escalates at 4%, then the crossover is further down.

Other than the cost of electricity, once you build it, it's a fixed asset, correct? I mean, you've got some operations and maintenance, but...

Right. Yeah, there's chemical costs, but you're absolutely correct. I mean, the electrical cost is the main driver. Electricity.

I wonder if we could someday bring in a lot of solar or something and use that to drive it, and then you do have a fixed cost.

It's being done in other plants around the world, and certainly that is a consideration.

Because I think they had one in Santa Barbara some years back and then they kind of mothballed it because it was just so much cheaper not to use it. I'd hate to see that much money tied up if we can't figure out how to make it work.

Council Member? So one of the discussion points at the Water District has been all the agencies, because we have 19 agencies that are part of the water district and producers that form the membership there, can all of them take it, right, because this is going to be additional water in addition to the expansion at the GWRS. Right now we do about 100 million gallons a day. After the final expansion it will be 130 million gallons a day in addition to this desal water. So we're making sure that there's capacity. Agencies vary in their size and scope. Some of them could take it better than others.

And again, as I was talking about, it's not just the cost of the water, it's the infrastructure that you're going to need to build out to make sure that that water can be conveyed directly to those agencies. So it's a real concern, but I do think the discussion needs to continue because we do have a need. I should say that I wish Mayor Pro Tem was here because she represents us on the Metropolitan Water District. and the LRP from them is very crucial because if that goes away, and right now you know they're talking about how to fund the twin tunnels,

look, if that goes away, then this is very unrealistic because that gap is just much, much larger. And we've all agreed that if that isn't part of this formula, then I don't think this is a realistic venture. So in any event, last point, I know I'll be representing the Water District at the Senate Committee on the Environment and Public Works next week to see about some infrastructure improvements and I just wanted to let my constituents know that we'll be hopefully advocating for some good things next week. Absolutely.

Well, Mr. Marcus, thanks for coming down, and thank you, Council Member Sarmiento, for inviting him in the first place.

Thank you, Mr. Mayor, and thank the other members of the Council.

Thank you. So with that, I believe our next presentation is by Councilor Solario, followed by Councilor Rantinajero. and Councillor Soloria the summer night lights program I believe and Councillor Tienajero is doing modern day high school. Thank you Mr. Mayor and as I

start if I can have Nati Alborado if there's anybody else that wants to come up with the crew that'd be awesome. Really this is a fantastic leader and organization and they've been recognized before but today's really more of an announcement we have in the works to start this summer of a summer night lights program for our youth modeled after a similar program in other major cities across the country and with the support of everybody come on up with the support of our community development block grant program and the support of our City Council we're making this a reality this summer I know mayor

for Tim Martinez has been very supportive and I know councilmember David Benavides has been as well that they've seen other projects and have really been behind this 100% as I have first a little bit about neutral ground they've been servicing Santa Ana's youth and families for over 25 years most recently as I mentioned working with city staff and our community development block grant program. We're starting this summer the first ever summer night lights program. It's designed to provide a safe and fun place for youth this summer at El Salvador Park. There's a lot of at risk

youth in that area so that's a key area. The program will be from 7 p.m. to 10 p.m. on Thursday and Friday nights to give young people something positive to do. It's going to run from July 12th through August 10th. The Neutral Ground staff will coordinate a number of activities during this program, including sports programming and skill development clinics, as well as arts and craft for youth. And parents will be invited as well, right? But it's really more youth-oriented. In addition, Neutral Ground will provide snacks and beverages during these evenings, so that's

also awesome again this program is going to run from july 12th through august 10th every thursday and friday night so we want to see a lot of support i am very pleased to present a certificate but i'll let nathi speak before i present it i'm very pleased to recognize them with the certificate on behalf of our mayor and city council we wish them great success and I know they also have a kickoff event that they want to promote during this meeting as well so with that let's give Nati Alvarado a big round of applause for doing this for us

thank you my name is Nati once again and I want to invite you out come on out to Zelda Park on Saturday it's going to start at noon until five o'clock actual opening ceremony will be at from one to two and it's a great program because this program is run in LA oh it started in 08 on Los Angeles and it's run in over 40 parks out there throughout the week and it's to bring our give our kids a safe place to go on the hot day in the long days in the summertime and you know I'm a resident around Santa I'll sort of Park area so I'm really glad to be able to go

back into the community that I was born in, I was raised in there, and I really believe that it's going to be really good impact. The pilot program, so you know we're gonna get it off and we're modeling a lot of it out of from the program that's going on in LA. I have friends out there in LA in the valley and in South Central and in East LA and I've gone out there and I've looked at their program and so we're modeling it off of theirs, but then again we've done a lot of our own stuff in our community too. So we really believe it's going to be a success.

We've canvassed the whole area out there. We're not just going to give them snacks. We're going to feed the families every night an opening and we're going to have games, arts and crafts, we're going to have music and just a variety of things. And what it is, it's just a community engagement, bringing our parents, our young kids, our older kids together in a safe place for throughout the summer months. So I encourage you guys to come on out, and I believe we're going to have a good summer out there in our community. Thank you.

The one thing I did also want to mention is they're also hiring local youth and individuals from the neighborhood and beyond to be part of this program to make it successful. So there's a lot of elements, and if you want to learn more, again, come on Saturday. It's the kickoff to spread the word and sign youth up and have parents and others be comfortable with it again on behalf of our mayor and City Council it's an honor for me to recognize Nutsal Gran and Nati Elvarado for this congratulations

one more little thing to recognize the people that are up here by my name I'm sorry with the grant

we're hiring approximately 10 kids from the area and today I have a couple of them with me. I have Kenny and Danny and Bree and Christy and Angel and Robert and there's just a few of them and they're from the immediate area so the beautiful thing with the CDBG what we're able to do this year is that we're able to hire approximately 10 youth from the local area there and we're going to be giving them a summer job for throughout the summer so thank you so much

now we have councilman Southie Najero making a presentation to Valley High School Valley High School High Schooling Colony Arts and Hospitality Academy Thank You Councilmember Benavides may I please have all the chefs come up from Valley High School, High School Inc. Our national champions. You guys even strut like national champions, that's what I'm talking about, that's the way to do it.

As they're walking up, first of all I want to thank their teachers, their administration and the students one of the things that you may not be aware of is that this is the fifth time in seven years that Valley High School's culinary team has won the national championship so I think that deserves a round of applause. Yeah everybody come on up please. So one something that that I want we have one of our board members here this evening as well but one of the

things that I want people to know is always value the national championships because they bring that type of credibility back to the city of Santa but also to the Santa Ana Unified School District and I know that when a team wins multiple championships you start to think well this is normal well that's a good normal to have but I just want everybody to know it's a lot of work repeating getting there was easy honestly getting there is easy it's staying there that's the difficulty and so I just I'm just incredibly proud of our students and and what they're doing here we are going to

celebrate and honor tonight Wendy Castanon Miguel Hernandez and Fernanda Navarez because they competed on June 11th and in Washington DC and they had to qualify to get there so they qualified in April went to Washington DC and captured and came back with the national championship. The Valley High School team you see before you today focuses on educating others about concerns related to food waste and ways to prevent it by incorporating complete use of all ingredients while creating healthy and delicious meals.

They are in a partnership, and a lot of the times when you see successful groups like this, it's because we're working in teams. and their partnership is with the Santa Ana Unified School District, the Santa Ana Chamber of Commerce, and the High School Inc. Foundation Board. High School Inc. is committed to empowering youth and strengthening communities through education and business. So today, we recognize this group of young people, not only for their victory of the 2018 Cooking Up Change National Championship, but also for their efforts to educate the community on how to make healthy, environmentally conscious food choices.

So let's give our national champions a round of applause. Thank you.

So what makes this competition different than others is that we brought the topic about food waste, And so we want to make a change in our community. Well, not just our community, but nationally.

We know that sometimes these meals are the only actual meal that a student gets in a day. So being able to spread the word to make them delicious and healthy is something really important for us.

And it's more important not only in our community, as Miguel said, and throughout the whole nation, because they're not only in Santa Ana, there's a high rate of diabetes and many others. So we want to change that as well, not seeing little kids with chips and soda, but just have a smoothie of bananas and every healthy.

And so we're planning to make movements. This year, actually, Fernanda is doing an internship where she's teaching parents how to cook healthy and quick.

I actually just came back from my internship. It's helping these parents create healthy and delicious meals and being able to spread that to other parents as well.

Well, thank you. Thank you for what you do.

And I still think Valley High School is one of the best kept secrets in Santa Ana Unified. Because what's happening at Santa Ana High School is truly amazing. And the education of children, of our youth. They have so many programs there that are your non-traditional programs at other schools that students are flocking to at Valley High School. So I want to also congratulate the board and our administration and all the partners that help with High School Inc. over at Valley High School. and with that I want to present Fernanda Miguel and Wendy their recognition and

on behalf of the City Council the mayor Santa Ana we congratulate you we celebrate you and we thank you for coming out and being here with us and telling us more about what you do thank you so much

Thank you.

Congratulations for your fine work and now I'm going to go on with a meeting so if I can get a city manager and a city attorney that would be helpful.

What?

All right.

So anyways, Councilman Martinez is not here, but I understand she's not going to be joining us, so I'm just going to dispense with that altogether. together and soon as a city attorney walks in, Madam City Attorney, is there anything to report out of closed session please?

Sonia R. CarvalhoItem —

Mayor, we have one reportable action item on the council's agenda under closed session. We addressed a workers' compensation case. The council, six of the council members present, voted unanimously to approve a settlement of $270,000. That's all the reportable action I have.

Thank you. With that, I'm going to go on to the consent calendar. I do have one item some people wish to speak on, so let's go through it. This is on the budget item 11A. This is the second reading. It's already been approved, but folks here want to speak, so we're going to let them speak. Emily Perasa, if you could come on down. Followed by Annie Lay. followed by Jennifer Koh.

Hello, good afternoon. My name is Emily Peraza, and I am here representing the Investing Youth Coalition. So we are made up of five organizations here in Santa Ana, Resilience OC, Latino Health Access, the Center OC, Santa Ana Unidos, and Project Kinship. I want to start off by thanking the council members, Council Member Sarmiento, Council Member Benavides, and Council Member Tinajero for showing their support towards Investing Youth and meeting with us. And I also want to bring up as the city budget gets approved, as Investing Youth we believe that there needs to be guidelines.

Earlier today I turned in some guidelines that I would appreciate if you all looked over that we believe that needs to be acknowledged. And thank you. I hope as you pass the budget today, you think of the Santana youth. Thank you.

Thank you, Annie.

Followed by Jennifer, followed by Dulce Saavedra.

Good evening. My name is Annie Lai. I'm a professor at UC Irvine School of Law and also recently moved to Santa Ana, and so now I'm a resident of Santa Ana. Welcome. Ward 3, thank you. I wanted to thank the city today for including in its budget this year an allocation for the provision, the continuation of the provision of legal defense, legal assistance for individuals who are arrested by immigration authorities, Santa Ana residents and detained that funding last year by the city was vital

and it continues to be a vital resource for Santa Ana residents. I wish I could say it's an exaggeration that this current federal administration is really challenging our identity as a country and I think I don't have to go into it. The need last year for legal defense for individuals who are arrested by immigration authorities was great this year. It is even greater. Fortunately the city can do something about this and we want to thank the city

for this funding. We also urge the city to consider whether it can increase its allocation either this year or next year because the cost it takes to invest and train an attorney is more than the city has allocated. We will leverage private fundraising to help support that but we ask that the city invest additional funds.

Thank you. Thank you Jennifer. And then Dulce. Good evening and thank you for giving me an

opportunity to address this issue again. My name is Jennifer Koh. I'm a law professor at Western State College of Law. I want to echo Professor Lai's gratitudes towards the city for including funds for deportation defense in this year's budget. The funds are well spent. They are urgently needed and I think any of us who have watched the news from the past several weeks can see that the country's immigration enforcement efforts are cruel. They are unrelenting and they are devastating communities all over the country.

If it is at all possible to increase the funds that are allocated, again, I echo what Professor Lai said, we will do everything we can to bring private resources to support the effort, but mainly thank you. This makes me very proud to be a resident of Orange County. You are on the right side of history, and we look forward to continuing to collaborate with the city in the future.

Thank you.

Thank you for those comments. Next is Dulce Saavedra. Yes. And then after Dulce, is Roberto Herrera. Hi, so my name is Dulce Saavedra. I'm one of the youth organizers with the Resilient Trinch County. Good evening. I want to give a shout out to all the youth in Santana that came out to advocate for the Santana budget. And thank you all who gave an opening ear to the young people. If it's an item about youth, youth should definitely be included. So I want to just share what Emily shared with all of y'all this evening. the young people made guidelines for what they would like to see the budget

prioritized with the 2.6 million that were allocated from the cannabis revenue so this 30% the youth have identified where they want to put it so some of the guidelines is definitely employment and internships for all that include immigrant youth and formerly incarcerated youth, mental health centers that provide youth and family support groups, re-entry services for formerly incarcerated youth and re-grants to local organizations that are supporting young people. We know right now that the city of Santana has not evaluated also its programs that it provides to young people. And we've had to find some of these data and information

from the Advancement Project, from the California Endowment, from other sites. So we would also want to see if the city of Santana could also evaluate the services that it's providing in its effectiveness. And another thing for implementation for the cannabis revenue, we know that it's going to youth development, but we wanted to see if we could include an oversight advisory board that can make sure that these funds are going towards needs that the youth really have and that this board includes young people from the zip codes that are most directly impacted. Right now, well, there was a survey that was conducted by FM3,

and they've surveyed 311 people in Santana, and they recognize that the top four priorities is definitely employment opportunities for young people, mental health services and programs in the community, and higher education. So we just want to make sure that these services are addressed with the money that's coming in. we definitely need to build something sustainable that's not just a one-time fund we need to continue providing support I know that last year we won the new youth coordinator but we need sustainability and we need to just be able to make sure we include young people in the spaces that they're meant

to be and this summer we know that there's violence that's happening and so we can't wait we need to make sure that these services are are starting as soon as possible it sucks that we have to see our young people die in the streets and And we know that the current services that are being provided are not reducing deaths from community members. So it needs to happen soon.

Thank you, Dulce. Roberto Herrera, followed by George S. And Denise S.

Go ahead. Yes, I just want to look at these cool shirts. It says, Invest in Youth Santana. So if you all want yours, check out our Instagram, Invest in Youth Santana.

Hello City Council. Universal representation is vital more than ever. As we hear, listen, and feel the terrors of family separation under this administration, cities like Santana's bold statements and policies to support immigrants is needed. Your leadership is needed to support the hard-working immigrants of our community. I call on you today to stand up for everyone in our community. I call on you today to defend constitutional rights, to defend due process rights. Trump has tweeted and confirmed in favor of

eroding and stripping away these constitutional protections, protections afforded to everyone on American soil, documented or not. Your support of universal representation, our city's legal defense fund will send a clear positive message that will welcome, a message that all are welcome here. That families deserve to stay together. That people should be free from the clutches and isolation of immigration detention. These are family values. These are our city's values. This is Santana. Se ama, se protege, y se defende. Thank you.

Thank you, George. George S. followed by Denise S.

Good evening. I'm here to speak on the homeless shelter in Delhi at the Armory and for the need of more police officers and park rangers to patrol the area. we're having a lot of problems there with the I know that we need that shelter for the people that do need places to sleep but along with those people are our drug people that are you know under the influence of drugs under the influence of alcohol mentally unstable and we call the police and the police

tell us that they don't have enough people to come out and address our issues. They tell us we can't be sending somebody out there every night. But yet I've lived there for 18 years and the problem is getting worse. It's not getting better and now I hear that you want to extend the hours there. We need more police. We need more park rangers. There's a school and there's a park on both sides of that armory. So I please ask for you to please try to get more police officers and more park rangers. Thank you.

Thank you, Denise.

Good evening. My name is Denise. Thank you, Councilman Samyantuk, for going out the other day to the Delhi Community Center. We expressed our concerns regarding the homeless situation we do need more policing there I don't know why we got rid of the park rangers I used to live over there by Alona Park we used to have park rangers that go there every night we don't have any park rangers we don't have any policing that goes on there but yet if you see the police calls the paramedic calls you will see a log a long log of how many times they get sent out there every night

when they get out there and they're bussed out there we have to hear the security put on their sirens and we hear the beeping of the bus we hear the noises in the morning at five o'clock in the morning when they disperse we have to hear that as well where's the patrolling where you know when people get kicked out of the armory where is the policing to make sure and ensure that they're left quietly they are not they come out they're let go we have to listen to the fighting and the screaming and them going in between the homes and urinating and the feces and and the trash and and everything

But everybody wants to allow for them to extend longer being there and house there. What about us? How come we don't have that say so? Why is it everybody else making that decision for us residents? In the community, in that little area that we live in, is nothing but Hispanic people, obviously. They're intimidated to come and to speak. So we need better, we need more resources. We need policing. We need something to advocate for us residents that live out there. I mean, we made that our home. You know, you guys allow for these extensions for people to stay out there.

But you guys never consider what we have to go through on a daily basis. I would really appreciate that if each and every one of you, through your time, when you leave these council meetings, is drive by there. Sit out there in the parking lots and listen to what we have to listen to every night. You guys think that it's a fake crisis? It's not fake. Come sit out there with us. Come sit out there tomorrow night and you get to hear everything that we get to hear on a daily basis. You guys don't really understand what we're going through. You guys, I'm sure most of you live in community, gated community homes.

You don't have to deal with that. All they know is when they come out to your home, the police will be there right away. I had somebody jump our fence just real quick. And the police officer that went by that I stopped, he told me that he could not service me and that I had to call the police station. So what's up with that?

I think our Chief is here. If you want to talk to him before you leave, we'll make sure that we arrange for that. Mr. Mayor?

Yes.

I did want to just thank Denise and Jose for coming. They were at the Connect to Council meeting last week when I went and addressed folks in Delhi, but just generally folks in Ward 1 and giving them an update. So I do want maybe Julie to connect them to the Chief. She's connecting right now. But I should say, when she refers to the term fate crisis, that's what our chairman of the Board of Supervisors called the issue in South Maine, which is part of the Delhi area. That's what she was referring to. Yeah, so he referred to it as a fate crisis when we went there and told him. Because it's not just the armory that's affecting Delhi.

There's a mental health facility there as well. And look, we all know that it serves a good purpose. It's the only one in the county. But again, why should we be the ones that are housing it and hosting it? I don't know. That's a question that we should all ask our board at the county. But what we expect them to do is not continue a three year lease extension. We wanted them to hold off until we could address questions like yours. How can we better mitigate the impact of folks leaving those facilities? He called it a fake crisis. The board immediately went ahead and adopted that three year extension over our objection.

So it's unfortunate because they get funded through the county. They don't get funded through us. But I know Councilman Solorio and I have been talking about how we can try to address the nuisance impacts and the dangerous conditions that are created by the timing of that low barrier release time of 4 p.m. in the afternoon when schools are let loose as well. So they're let loose. They're released at the same time that kids are being let out of school. So to the extent we can talk about that some more, Mr. City Manager, and find a way we can try to resolve this with our friends across the street

because it's a shared problem, but really it's a problem that we have to absorb, and you heard testimony directly from people who live in that impacted area.

Thank you. Yes, go ahead. One quick announcement, too, because a lot of folks in the community don't know. In Fullerton, which is the only other city that has an armory, when Fullerton worked with Anaheim to develop a new shelter in Anaheim called Bridges, part of that deal meant including a permanent closure of the Fullerton Armory. So as we continue to do more facilities in Santa Ana, I think we also need to call for the closure of that armory in Delhi, because it's not an appropriate location and that community has been negatively impacted for too long. So I want everybody to know.

All right, Councillor Benavides. Thank you, Mayor. And I know that there was reference to this being a regional issue and the county really having the funds. So as we think about, as we continue to work and negotiate with county, when it comes to patrols, I think there's an opportunity to potentially have private patrol and or the Orange County Sheriff's Department who is charged with handling patrols in areas that are within county jurisdiction. And so I think this is definitely something that we should engage in conversation with the CEO of the county and the electeds out there to consider.

It is something that we need additional support from them on. Thank you.

Thank you. With that, let me bring us back to our consent calendar and see if we have a motion or any items people wish to pull. If not, I'll entertain a motion. I'll move it.

Second.

Those in favor, please say aye. Aye. Aye. Aye, those opposed. Motion carries unanimously.

For the record, I think that's the first time we've actually voted. I wonder why.

Somebody's not here today.

All right, all right.

Mr. Mayor, I have the oath of office for the two new appointees.

Okay, do you want to go ahead?

Yes. Go ahead. If I can have Roman Reyna and Leslie Luna come to the front, please.

Do you have two Bibles for Roman? He's going to need two. I'm just teasing.

I, Roman Reina. I, Leslie Luna. Do solemnly swear. Do solemnly swear.

To 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 take the opportunity freely

without any mental reservation or purpose of evasion that I will well and faithfully discharge

the duties which I have of identity. Thank you.

All right. I believe that Council Member Benavides wanted to make a comment.

Yes, Mayor. Thank you. A question for the City Attorney. We just heard some speakers with regard to item 11a, the budget, and some questions with regard to the revenues that will be coming in through the cannabis commercial and adult use sales and revenue. Previously, council has provided direction to staff to be able to have a third of that revenue go toward youth services and so my question to you at this point is I think going forward it

we addressed it within the upcoming budget but going for on a go-forward basis from previous conversation with some with staff I believe that if we're able to create draft an ordinance that council might be able to consider that we'd be able to address some of the questions and recommendations made to ensure that there is a youth services fund that's established that would capture that revenue coming in in perpetuity and then allow for us to be able to ensure that those funds coming in are then directed towards new and enhanced youth services.

So my question to the city attorney is whether we would be able to, if maybe the makers and second on the motion would consider us adding that into the motion or whether it be something that we should bring up at a future time as a separate matter.

Sonia R. CarvalhoItem —

I think you could if the City Council were so inclined if the City Council were inclined to ask for such an ordinance You can do it in one of two ways You could ask for reconsideration and add that or you could as part of your direction this evening Just direct staff to prepare such an ordinance and that would be direction to staff We'd have to bring it back and you would vote on it at that time. Okay, do we do we?

As far as giving direction I think it'd be easiest and cleanest to probably just give direction to staff Is that something that we would need to make an additional motion now or is that something that if under the Brown Act

Sonia R. CarvalhoItem —

Council may on an item that's not a Jan agendized give direction to staff So you can even do that as part of this item or you could do it as part of your Council comments at the end If the council at the city manager saw that there was support for that. He could come back with that. Okay

Okay, so I'll go ahead and then during council comments. And just for those numbers, just a quick reiteration. As part of the revenue from cannabis, council has directed staff in previous actions to have a third of that go towards youth services. We discussed some of that with the budget. However, to formalize that going forward, the recommendation would be that we would be able to draft an ordinance so that there is clarity on having youth services fund that then would ensure that going forward we'd be able to have new and enhanced services for the youth in our community. So that's my-Council member Solario.

I support the general direction of that, but I do have some questions to staff. I don't know if our city manager, deputy city manager would like to address this. So this discussion largely has been about really one third of the projected commercial cannabis money, $2.6 million. In the budget that we're voting on tonight, is that $2.6 million already earmarked for specific programs?

I don't believe so, no. But there is-

We have our Deputy Chief, if he wants to come up maybe. Why don't you go ahead and come up.

Good evening, Mayor and Council. Can you, Mayor, I mean Council Member, can you repeat the question again?

I'm sorry. Yes, this money that we were initially talking about, including the community, talking about the initial, the 2.6 million dollars in the budget, is it already

line itemed or earmarked for very specific things? So 2.6 million that's been identified for youth

services shows as a reserve appropriation for youth services. The intent of that is basically to come back to the City Council once the funding has been realized, to develop a plan and then get Council direction as to how best to appropriate those funds. So you're saying the youth piece

is in a reserve appropriation in the general fund. Correct. You mentioned previously and it's acknowledged in the staff report that there's another five million and change also projected to to be received this fiscal year from the commercial cannabis component. How is that money earmarked and where is that placed in the general funding?

How it's reflected in the current budget in the 18-19 proposed is 2.6 is utilized for administrative purposes as well as to bridge the gap that we had in the budget. 2.6 has a reserve appropriation for youth services and 2.6 is reserve appropriation for enforcement.

Okay. And those dollars, they're part of the general fund?

Yes, they reside in the general fund.

Because that's money that we anticipate, I would think that that would count towards the structural deficit, because that's going to be an ongoing revenue source to the city. So how do we view that?

So if the revenues are realized on a go-forward basis, they will become part of the base. Currently, we've identified them as being part of the base simply for the fact of appropriating them as a reserve for later use, youth services as well as enforcement. When we did our analysis and our calculations, we had identified out of the entire amount of that commercial cannabis. In reality, because of timing and the application process, technically we may only generate 2.6, which the staff felt comfortable enough in providing to the City Council as part of the budget for bridging the gap in administration.

Just for commentary, and I know I've shared this with you before, my belief is with these dollars, we're either projecting it or we're not. And really all revenue sources, whether it be cannabis or sales tax or property tax, etc., they're all projections as this one, because the staff has projected it as a certain amount. The other question I have, and maybe it's more of a legal question, is because you're saying that you've placed that in a reserve appropriation fund within the general fund. In the future, when we do go to appropriate it, is that going to be a five-person vote or a four-person vote?

It's an established account, so as long as the funding remains within that established account, my understanding is it only requires four votes.

but then maybe then it's not reserved because I think our fiscal policy says only when it's truly reserved do you need, if it's truly reserved, it needs five votes. So either it's reserved or it's not. So which way is it?

The intended purpose is for youth services or for enforcement. That's why we show the reserve appropriation. So again, as long as it stays within that same account for youth services or for enforcement, you should only require four votes.

But our fiscal policy says for reserve, there are always a five person vote. Maybe we can have our city attorney. And if I could just comment. It's also a legal item. Madam city attorney, can you? So apparently we have a reserve item within our general fund that would be for you. Is it your opinion based on our fiscal policy that that's going to be a five person or a four person vote item?

Sonia R. CarvalhoItem —

If the money is put in the true reserve, it would require five votes. I think this is an issue of maybe semantics. I had previously talked with staff about this issue when the draft budget was prepared. It was my understanding that there is an account in the budget called Youth Services now.

Yes, that's correct.

Sonia R. CarvalhoItem —

And it's my understanding that there are line items to put revenue that exceeds 2.6 into those accounts. I've never heard this reference to reserve. Right. So that's my understanding. I didn't know it was reserve. If it is reserved, it's going to require five votes. If it's not reserved, it'll require four votes to program the money. Correct.

To a certain extent, I'm less worried about four votes versus five votes, but I think this is money that we know we expect, but we're trying to keep this saying that we have a $10 million structural deficit

Sonia R. CarvalhoItem —

where this is really a general fund money. My understanding is that this revenue was going to be no different than sales tax revenue that came in. Correct. Exactly. We don't take sales tax revenue over our projection and put it in reserve. My understanding was this was just going to be, if money over 2.6 comes in, it's going to go into these accounts. Correct. They're not reserve money, and you will be able to program it.

Yeah, and so really it should be general fund. Again, I know what staff is trying to do. I'm not necessarily happy with it. But I just want to make sure that people understand that there is a four versus five vote implication based off of staff's write up in our budget documents that this is being placed in a reserve item. Thank you.

Thank you for that.

Councilor Villegas?

Sonia R. CarvalhoItem —

So can I just make a comment real quick? Yes. Just for clarity of our Brown Act and the item that we're on.

Yeah, this is not on the agenda.

Sonia R. CarvalhoItem —

This item is on the agenda as part of the budget. I think the council member, Benavides, when he started this conversation, is he was wanting to do a follow-up. I believe it's to item 11A. Yes. And I think it's gotten a little broader than we should in the topic. So, again, you have the option of giving direction on this, or if you want to reopen the item or just have it come back at the next council meeting.

He wants to do 180 later today, I believe. Correct. Just council comment and give direction at that time.

Mine's just a quick comment that I know we talked about youth services and enforcement, but one of the big things from we talked about at the committee was education and how to be drug education because this money's coming from cannabis, and that was my concern to make sure that we educate our youth regarding that. the dangers of illicit drugs. So just make sure that we have that noted in there, that we have some money set aside for that. That's my comment. Thank you, Mr. Mayor.

Thank you. And with that, Madam Clerk, I think we're done with the consent calendar. So item 55A, what is the pleasure of the council?

Mayor, go ahead. I don't want to put it off until after a closed session discussion.

Right, since there is going to be some conversation.

All right, let me just not take a motion right now. I know we're going to go back into closed session once we're done with everything else, so let me just, I'm just going to skip it for the moment.

Sonia R. CarvalhoItem —

Mayor, do you just want to clarify, because it's the CVRA lawsuit that we'll be discussing in closed session, and that's the reason you'd be tabling that item, correct?

Yes.

Sonia R. CarvalhoItem —

Okay.

and so with that item 55

b is in boy

any thoughts on this i do have a question for staff go ahead so there was a similar item that was

before us at the last meeting there were a list of of uh matters that a task force or committee of the Council discussed and considered with regard to potential charter updates or amendments. At the discussion, during the discussion that we had at the last meeting, Council gave direction to staff to look at any key recommendations that might be able to be consolidated. So my question is, is that what this is here?

Sonia R. CarvalhoItem —

Yes, we took the direction from Council. You also had said if there were any items that were truly, purely administrative, we did add in the job description for the finance director, which we proposed to move into the municipal code instead of the charter. That's the only additional item we made, but this all reflects the council's conversation of two weeks ago.

And just to clarify, I know one of the conversations that we had last time is that there were quite a few items. With this recommendation here, this proposal that's being presented before us, This would be then one question, correct? One valid question that would do this cleanup language.

Sonia R. CarvalhoItem —

And if the question is, you find it in your agenda packet, it is proposed as one single question with respect to administrative charter amendments.

So given that, I know we've been talking about this for some time, and we end up continuing and not addressing things, and the charter doesn't get cleaned up. And so I think this is a reasonable approach at trying to address something that's been lingering out there for some time. So I think it's due time that we address them. It's cleanup language, so my recommendation would be that we give staff direction to go ahead and move forward with placing this on the ballot.

Councilor Villegas, I know you're on the committee. Do you have any comment?

No comment other than approved to put on the ballot.

Mr. Mayor? Yes, just a quick question for staff. In the event that we adopt the agenda item as worded tonight, we still, let's just assume there's some language that we'd like to include as an additional matter that we can bring back to council. What's our timing like, Madam Clerk, on that?

For any other items, it would have to be the August 10th deadline is the legal deadline. The next council meeting is your last council meeting before that deadline.

So we can go ahead and adopt tonight as worded, as presented. But if there is something that we'd like to have presented for the council's consideration at the next meeting, let's say that was overlooked or maybe something that we'd like to add on as additional cleanup or maybe just as a measure we'd like to have addressed on the charter, we can. We still have time.

Sonia R. CarvalhoItem —

Yeah, but just mindful that you would need to bring it up even before that because we would have to prepare the language for the placement of the agenda item.

To make sure it's drafted in advance. So I'll do that. About a week from today. I'm not sure if there's a second, but I'll be supportive of Councilmember Benavides.

Mayor, if there's more than three council members that wish to sign or author an argument, if we can identify who those council members are just to avoid any brown egg violations?

Let's see if we get through the motion first, and then folks can come back. My problem I have with it is I was on that committee, and I'm not in favor of all the items that are on there. So just because we're consolidating them, we're kind of blessing all of them. And I'm not in favor of that.

So I want maybe additional thoughts. Council member Solorio?

Mr. Mayor, I do think I understand what you're saying, because it's confusing to read the documents a little bit. But I think it's really just three issues that we're combining in here, not that longer set that was considered the last time.

Sonia R. CarvalhoItem —

We removed the one item that you objected to.

A variety of items. There were a variety of items, right? All right, so what are the three items then?

So the three items are the removal of the boards and commissions from the charter, placing those in the municipal code. The cleanup on the campaign contributions and the gift limits would also be moved into the municipal code and not into the charter. And last but not least, the finance director qualifications would be moved to be consistent with all the other directors.

All right, so thank you for that. Yes. Because reading this stuff.

Right, it was hard.

It's benign. All right.

So we have a motion.

So I want to make you feel comfortable. I do have a point and a question. I was just trying to clarify for you, Mr. Mayor. But is this going to come back for second reading if there is a comma or something out of place that we could still catch that? Or is this the last time we're seeing it?

Sonia R. CarvalhoItem —

If there's typographical errors, we are legally allowed to correct those. There's grammatical or typographical errors. But if there's anything of substance, we would have to place it on the agenda in two weeks.

So I think the way I read this, those two sections regarding boards and commissions and gifts and conflicts local with state law and political donations. You're just striking all that language in its entirety is the way I read it, is that correct?

Sonia R. CarvalhoItem —

Correct.

Okay, and then on the finance director, I know that wasn't one of the three things that the council picked the last time. So I'm curious who wants staff placed that in here and the reasons why that was significant.

Sonia R. CarvalhoItem —

It was one of the items that was included on your long list. It didn't get talked about and the council direction was staff go back and take what you've heard today and anything that you think is benign and go ahead and add it. And that's why we added it, because it was on the long list on the original matrix.

And I appreciate at the beginning you said the additional item was that, so I appreciate your disclosure on that. Thank you so much.

All right. So I think we have a motion and a second. Those in favor, please say aye. Aye. Aye. The opposed motion carries. Now, Madam Clerk, if you want, maybe it's the appropriate moment to say what three council members want to get active and write arguments, I guess you were saying? I'll volunteer for one. And Councillor Benavides?

Sure.

All right. You have your three right here. And that's okay with both of you? They volunteered to work on this and write arguments.

Sonia R. CarvalhoItem —

And additional members may sign if you want to, but you just need to specify, right? Up to five members are.

Oh, up to five?

Up to five.

I believe in the three. I believe in the three as well. It's the three of you. Councilor Benavides, Villegas, Solario, and the rest of us believe in them.

It's in good hands. All right, with that, let's move on.

55C, what is the pleasure of the council? Maybe a little discussion, and I think we have one more meeting where we could make a final decision here. We do have a brief presentation. Okay, let's go ahead with a presentation.

Thank you, Mayor, members of the City Council. Today before you is consideration of item 55C, what is being titled as the Santa Ana Neighborhood Safety and Essential City Services Protection Measure. So I will go through and provide a brief background for the benefit of the City Council as well as the public. So on March 20, 2018, the City Council authorized staff to enter into an agreement to evaluate revenue-generating options. Subsequent to that, on May 1, the City entered into an agreement with Muni Services as a prime time. And the contract covered two tax measures.

The first, which is this item, is the sales tax, and then the second item was the adult use and commercial cannabis tax. The adult use and commercial cannabis tax, that is the next item on your agenda for consideration. As part of the agreement with Muni Services, we did have an additional two members of the consultant team. The first was Grassroots Labs, and that was to provide strategy consultant work. And then a polling firm, FM3, Fairbanks, Maslin, Mullen, and Metz, to provide some polling for the city. So what is a sales and use tax?

So the simple answer is the purchase, a sales tax is imposed on retail transactions, and it applies to all retail sales of tangible property. A use tax, which is similar, handles more of the use. So the best example of a sales and use tax would be an automobile sale. So a sales tax, if you purchase an automobile in the state of California, you're paying sales tax. If you happen to live outside of the state of California and bring that vehicle into California, you're paying a use tax. The rates are the exact same, so it's just a different type of use.

both are commonly just bundled together and referred to as just a sales tax. So in California right now, the base rate is 7.25, and the chart that is illustrated on the screen notates that there is in Orange County the Measure M2 transportation funds, which is half a percent, bringing the current Orange County base tax to 7.75. It's important to note that there is a statutory cap established by the state of 10 and a quarter. So no jurisdiction can go beyond that. And there are a few cities in the state of California that are at 10 and a quarter.

So what is a sales and use tax not applicable to? This is one of the questions that we've been hearing a lot about. So the state has them classified in five general categories. The first is what's called necessities of life. So food products that are unheated, purchases made with CalFresh benefits, health-related costs, and housing. So any grocery items that are purchased from any business in the state of California are exempt unless they're heated. So a great example would be if you buy poultry. So if you buy a whole chicken, that is exempt from sales tax.

If you buy a rotisserie chicken at the grocery store, you're paying sales tax because it's now a heated product. So that's a pretty universal way to understand how that necessity of life exemption works. There are also other categories, general benefits, so alternative energy, museums and public art exhibits, nonprofits, as well as out-of-state military expenses or military purchases. That includes both the actual member that's serving in the military as well as their family. So any goods that they purchase are exempt from that, including if those purchases are made out of state.

So that would be an example where they are exempt from the use tax provision. There are other exemptions as well, such as admission charges, sales price, gross receipts, and services as well.

So why should Santa Ana consider an add-on sales and use tax? First of all, placing the measure on the ballot simply allows the voters to decide what level of service they would like. Placing the item before the voters is not an endorsement, it is not a position of support or opposition, it is simply allowing the voters to tell the city how they would like to receive services in the city of Santa Ana. So we have identified that we have a service level deficit in the city. We have a lot more need than the resources that we have in order to provide and meet all of the needs of the community.

So we also have identified that we would ideally like to look at police response time, as well as addressing crime, addressing homelessness concerns, addressing deferred maintenance. And deferred maintenance has a lot of categories. It's our streets, it's our sidewalks, it's our city buildings, it's also our city vehicles. So a lot of our vehicles are past their service life, so now we're expending more to maintain those vehicles and keep them on the road than we would ideally like to do.

The other component is that we would ideally like to provide a higher level of quality youth services, which has been described by many of the council members tonight.

This chart identifies some of the additional needs and priorities. And this slide comes directly from the budget presentations that have been provided over the last several months. So obviously we see here at the very top the quality of life team to address homelessness, youth programming, enhancing economic development, additional police officer recruitments, maintaining our reserve levels, deferred maintenance, information technology infrastructure, our enterprise fund compliance, workers compensation fund, our liability increases, the city hall seismic retrofit, improvements at SARTIC, as well as ongoing PERS challenges.

So we wanted to provide this slide to depict what kind of surplus or structural deficit we have. So what we have here is we've identified the proposed budget which was adopted tonight of 10.2 million and that 10.2 million, I do want to provide some clarification, is addressed through the use of one-time funding sources for this current fiscal year, fiscal year 18-19. In future years we have taken all of the assumptions that we have to date and you'll see that in 19-20 that grows to 31.4, that's partially attributed to the US Marshalls contract diminishing the augmented

portion, and then that grows. So in fiscal year 23-24, the total structural deficit that we're identifying at this time is $66.8 million.

So when we look at other cities in Orange County and how have other cities addressed this, we did find that in 2016 there were five measures before the electorate in various communities in the city and the cities of Fountain Valley, La Palma, Stanton and Westminster all added a 1% sales tax increase or reaffirmed. In the case of Stanton theirs was a reaffirmation. So we have seen other cities that have done that in 2016 and were successful and in 2018 we have heard of other cities that

are also considering this. So how do consumers respond to a sales and use tax, an add-on sales and use tax? What we have found in speaking with our counterparts at those other Orange County cities specifically as well as with our sales tax consultants is that consumers generally do not comparison shop for a better sales tax rate. They prefer to shop locally and this is especially true when we can provide a clear and definitive message to the electorate, letting them know where that revenue will go. So when, in our situation, we would be looking at the potential

of addressing homelessness, public safety, quality of life, and infrastructure, consumers generally tend to respond favorably towards that because they know that there's a direct to benefit to their community. So the poll, earlier I mentioned that FM3 was brought on board in order to conduct a poll. We did conduct a poll, we received 642 responses and we were able to secure a 95% confidence interval with a plus or minus margin of error of 4%. So the poll questions were prepared by the team of consultants and the draft preliminary results

were provided to the city attorney's office and were made available to the city council shortly after the june 20th date that we received them so the um at the last council meeting the city council asked a a range of questions and they asked staff to bring some of those back all of the responses in terms of the questions are outlined in the staff report for the public's benefit, but I will review those for the benefit of the public as well. So the baseline is that a 1% sales tax would generate approximately $40 million. A half a percent would be half of that $20 million.

And a 1.5% increase would be approximately $60 million. We were also asked if there were other options that were evaluated, and there were. This has actually been evaluated over many years. And ultimately our recommendation came down to timing, probability of success, and funding opportunity. So some of the options that were considered included parcel taxes, as well as looking at a special tax, and looking at districts in terms of creating assessment districts for various uses.

But ultimately when we looked at timing, once again probability of success and the funding opportunity, where those dollars would be restricted and what we could do with them, we felt that the sales tax was the most viable option for the city council to consider.

Additionally there were some questions about a sunset. So sunsets are typically used when you're going to finance a fixed project or capital infrastructure. usually it's on a temporary basis or term specific but based on our conversations with our consultants we did also learn that the sunsets can be polarizing as you would essentially be providing limited time enhanced the services and then those services would have to be either eliminated or dramatically reduced so it was something to consider but they may require reauthorization by the electorate.

So in terms of addressing economic development and development impact, some of the things that we do have coming up and that our economic development staff is working on includes the branding study, business attraction and retention, our shop local program, which if we did receive additional funds, we would make sure that we augment that, once again, to demonstrate continued benefit to the local residents in terms of where their tax dollars are going, financial incentives, site selection, small business development, and job training through our work center.

Additionally, part of what we are looking at and what the city manager and our new planning and building director are looking at is really a shift in culture. So one of the things that our planning and building agency is beginning to do is an economic development benefits for all planning commission reports. essentially it's looking at development projects holistically. So what revenue will they bring in? What costs do we anticipate will be incurred in terms of the new development? So it's a new and different approach and it really goes to the culture shift that the city manager and the executive management team is really trying to

instill within the organization.

Additionally there was analysis on the housing impact. So one of the things that was asked was development impact fees and what current fees we have. So right now we do have parks, libraries, transportation, sewer and storm drains. There are some limits on DIFF fees and how those are used, how you can collect them. And ultimately the fees are limited to fair share proportional cost. So you can't levy a cost that is not proportionate to a development.

there was also some questions in terms of what other ballot measures are being considered so as of right now the current pending city items that we know of of course are the city council elections the adult use and cannabis tax which is the next item for consideration the charter amendments which were just placed before the electorate in your action immediately before this one, as well as district elections. And then other items that are also pending for our ratepayers, the Santa Ana Unified School District does have a potential school bond. It has not been placed on the ballot yet, but we understand that that may be a possibility.

As well as other considerations, the Poseidon desalination plant, gas tax repeal on the statewide initiative, electricity, refuse, water, sewer rates, and for us in Santa Ana, we do have a reduction in the sanitation rates.

So once again, what the revenue would be used for, it would be used to fund ongoing costs, but at the same time, it really is up to the city council and the community in terms of what priorities we're going to fund. These are some of the things that are not funded in the 18-19 budget, So some of those could be funded with additional dollars, but ultimately it would be up to the mayor and city council in terms of allocating those dollars.

So we did recommend, in staff's recommendation, the addition of ensuring additional fiscal transparency. So we did recommend the creation of a citizens oversight board, that the ballot measure would have an annual independent audit, and that we would also have disclosure of expenditures. So staff's recommendation is before you in the staff report. I am available for questions, but the staff recommendation is for the City Council to consider a 1.5% add-on sales and use tax.

And with that, I'm available for questions.

All right, let me start with Juan Villegas, please.

Thank you, Mr. Mayor. I just wanted to make some comments and I have some questions for the staff. So I'm seeing here we got 189 vacancies, City Manager, Mr. City Manager.

Yes, Councilman.

189 vacancies, is that correct?

That sounds about correct. The last time? Yes.

Okay, so what does that mean? That means that there's 189 people that we could have performing services for for the city, as in the business department, inspections, code enforcement. All those vacancies we have. And we have 61 vacancies, or funded vacancies, as I remember, here at the city, police vacancies. So all that you were hearing earlier about the cops, the police don't come out when you call them. You know, I need them to come out. We have a homeless problem.

A couple of weeks ago, we had the meeting. We had a person here complaining about the prostitution problem on the west side and various pockets in the city. Nothing's going to change if we don't make a change right now. Just ask yourself, how have things been in the last four years? And then if we don't make a change, they're going to be just like that or worse in the future. Probably worse because if we don't do something about it financially, then it's probably going to continue the same or a little bit worse.

We already have a decrease in services and employees here in the city, so don't expect things to get better.

And no one likes taxes. I know I don't. But when I look at what we have here, the problem is that we don't receive enough in the property taxes coming back. We have Prop 13. So we're kind of, I call it the fixed income. We're on a fixed income here. It's not going to go up. The economy and everything else, all the costs, they go up. But the money we're receiving, it's not enough to maintain the same level of service that the city is supposed to be providing. So just ask yourself, at your work, at your employment, if you're not making enough money, what do you do? Well, I'm seeing I don't have enough here.

I've got to go get me a part-time job somewhere. I've got to go find something to do something until I can get through the tough time, and then things will get better. You come up with a plan. So that's the way I look at this tax measure, that we need the help. And the comments here about what we haven't talked about, where the money's going to go. Believe me, we know where we can put the money. We got a whole bunch of streets out here that need some fixing. We have some deferred maintenance that needs to be addressed. We have spots here at City Hall that we need to fulfill. Business is not going to come here.

If we have bad service, our city's not safe, our city's not clean, who's going to want to live here, who wants to study here, who wants to work here? You can go elsewhere. And what happens if we don't get this tax measure passed? Our police department, which is already depleted, we got 61 funded vacancies and then we have about another 30 some unfunded. We're down about 100 police officers. You think response times are bad right now? Wait till later. Wait till they find out that the city is going under. And then they start leaving, going to other cities. That's going to be tough.

We are investing in people. But the number one priority for a council, for municipal, don't interrupt me, please. The number one priority for municipal government is to keep the city safe. That means police and fire. You have to, yes. Please, please, please, allow me. Thank you.

Fine, just continue, please.

Thank you. So, you know, it's a hard reality. We really need the help on this. The writing's on the wall. If it doesn't pass, it's all up to the voters. But we'll see what happens.

Let me, if we're done with the presentation for that, let me ask some people from the audience that we wish to speak. Alexi Zatialdoro, please come on down. Followed by Carolyn Kovetsky and Peter Winningham.

Buenas tardes, noches. Good evening, council members. My name is Alexi. I'm a campaign strategist with Santana Building Healthy Communities. I'm also a resident in a very under-resourced neighborhood at the corner of Hickory and Pine, so I know a lot about the violence that's going on right now. But to put that into context, I'm submitting a letter that I don't know if we're able to get copies to the council members. So thank you to the office of the clerk for making copies of this letter. But the letter is addressing item 55C, and we know right now it's just hypothetical,

medical, but if the voters were to approve this measure, that means that we do need to have this conversation that Mr. Villegas is raising about how to use these funds. We see eye to eye on that, Council Member, about the need for services. I feel like everybody here up here agrees with that. And at least as the NANA Building on the Communities as a health initiative, we want to make sure that those monies are put to use in the most efficient way that us as the residents get to benefit directly in terms of what we need. So I welcome, I extend this open door to collaborate on what I call shared leadership and I want

to share a passage of the letter that I'm submitting today. We share the city's concern of not coming back on vital core services. If this proposed ballot measure is approved during the November 2018 election, the city will be able to maintain and expand the current services that are vital to its residents and and especially the local immigrant community, who is often excluded from decision-making and local government. Therefore, we urge the city to consider including resident leaders to be part of this oversight review committee and the self-tax measure. We appreciate the partnership we've had with the city and the city staff

who work really hard over the years in addressing the everyday needs and issues of the most impacted people in Santana. So we need to continue this tradition, as I say, of shared leadership to continue to make the city a more democratic place where local residents play a role in the direct decision-making that affect our lives and shape your future in the city. So I will welcome you to read the letter. And we will come back next time to make sure that we get local residents in the committee. Thank you, council.

Good evening, Mayor Polito and members of the City Council. My name is Carolyn Kavecci. I'm the CEO and President of the Orange County Taxpayers Associations. I'm also a former local elected official in Orange County. I don't envy you the position that you're all in today. It is always hard when a city has to make fiscal decisions like this. And having to resort to raising additional taxes to meet financial obligations is always hard, no matter where you sit in the political spectrum. It will hurt the business community as well as your residents.

OC tax is heartened, though, to see that there is language in the staff report that suggests that a shop local campaign will follow if this measure is placed on the ballot and passes. Sales tax increases hurt those that can least afford it. It's a regressive tax. Taxpayers cannot afford to or have the ability to leave Santa Ana to complete their purchase will be hurt the most. And as this council is aware on vehicle purchases, even if your residents do leave Santa Ana to buy car in, say, the city of Orange, they will still be obligated to pay the higher Santa Ana sales tax.

On car purchases, you pay the sales tax where you live, not where you buy your car. A shop local campaign can help mitigate the burden, so we hope to see you in the future if this measure does go forward and pass. It is also my understanding that you're able to place this measure on the ballot with a simple majority vote rather than the normal two-thirds that almost all the other city councils in California have to mean. And I, so I'm getting a nod from the city attorney. Okay, thank you. And this is because Santa Ana, as a charter city, is not in compliance with Proposition 62, which passed in 1986.

By the way, it was 69% of the vote here in Santa Ana. So a majority of your residents voted to pass Prop 62 in 1986. A judge later ruled that even though all Californians weighed in on Prop 62, it only applies to general law cities. And I think I have that correct as well, too. OC Tax is here this evening and I gave your clerk some information. We are here specifically tonight to ask your council to agendize an action item for your next meeting to place a charter amendment on the November 6, 2018 ballot, which would bring Santa Ana into compliance with Prop 62

and require that going forward, the council would have to have a two-thirds vote to place a tax measure on the ballot. Similar measures have recently passed overwhelmingly in the cities of Newport Beach, Anaheim, and Irvine. And candidly, it would be extremely appropriate to place this as a companion measure with this tax measure as well. Thank you.

Peter Whittingham.

Good evening, Mayor Polito and Council Members. My name is Peter Whittingham, and I'm here tonight representing the Orange County Auto Dealers Association, or OCADA. The Okada represents Orange County's 120 new vehicle dealers and their 12,000 employees who have a collective impact of more than $12 billion annually. There are 10 new vehicle dealerships in Santa Ana whose estimated cumulative sales exceeded $1.26 billion in 2017, with roughly $60 million in total sales taxes collected. As such, Okada is concerned whenever a city considers a sales tax increase.

It is not a well-known fact that sales tax, as Carolyn mentioned, from new and used automobile sales are based on the residence of the buyer, not the sales tax rate of the city in which they are purchased. Dealers have seen decreased sales after sales tax increase is imposed due to potential buyers believing they can pay less tax by visiting a dealer in another city with a lower tax rate, and considerable research has been done to demonstrate that this is in fact the case. To be clear, raising the sales tax rate will put Santa Ana new vehicle dealers at a competitive disadvantage.

As such, when the City of Westminster was contemplating a sales and use tax measure in 2016, Okada and its members worked with the City Council and staff to address such concerns regarding the potential impact on auto sales of the dealerships in the City. Okada and the City were able to work together to create a Shop Westminster program, which provides that any resident of the City who purchases an automobile from a participating Westminster dealership receives a $500 rebate. It's important to note that 100% of the rebate goes to the resident purchasing the vehicle. The dealer only benefits from the incentive

that encourages residents to shop locally. Such a program helps offset the regressive nature of a sales tax increase and will help Santa Ana's families. Will also bolster the local economy, encourages an expansion of the number of dealerships in a city, and has a positive impact on employment. We encourage the City Council to include a buy local program as part of any proposed sales and use tax. Ballot measure you may ultimately vote to put on the November ballot and we look forward to working with the council and your city staff in the crafting of such a program. Thank you very much for your consideration and cooperation.

Peter, just to let the folks know that should we go forward, I think your message is well received. Great. And I'm sure it would be something we would be willing to consider. Terrific. Thank you so much. Thank you.

So, Ivan Enriquez, please.

It's Ivan.

Ivan.

Hello, good evening City Council. One of the things I wanted to comment on this tax was really highlighting how underemployment lengthens unemployment for individuals here in the city. And so for you to be considering this sales tax, I hope that you would consider working class residents. You have upwards of 21,000 households that are spending more than 30% of their gross income on housing in rent and that's an issue that I don't think is brought up often here on this dais and another thing is that with the folks that would have this mention of car dealerships and people having to purchase their

vehicles outside of the city limits so I have to apply this increase in sales tax I'd also like to remind you that many of the corporations that people rely on like for example Apple or Best Buy for any of the products that they have or any services that they receive, a majority of those are outside of our city limits. We don't have those stores here. So they're already spending sales tax outside of our city limits. So that's something that you need to take into consideration as well. We have more people that commute into Orange County than the other way around.

So many of our folks not only are not receiving good jobs per se, but now that they would have to be paying more at the cashier you really take into consideration how really what the accountability will be and so I hope that the the City Council will take into consideration some oversight that we do have some leadership as well that our residents would be able to participate not just at City Council means but outside of the City Council means on this specific tax if approved and so that's what I wanted to say thank you

Thank you.

With that, maybe bring it back for more Council comments. Council Member Vince Sarmiento, do you want us? Go ahead, go ahead, Sal.

Thank you, Mr. Mayor.

First and foremost, thank you to all the people who spoke and who are giving us more ideas on how to make things more transparent and and how we can include community members to participate in the leadership here in Santa Ana. So I thank you for that. One of the things that I do want to make everyone very cautious about is that we do have a structural deficit. That's the first thing that we have to address. So before any funds are spent in other areas, that's the first area we have to address.

about four or five of us that are sitting up here were council members during the worst economic time since the Great Depression. And we were here and we sat through times where we weren't sure if we were going to make payroll. It was that serious. And I vowed that that would never happen again under our watch. The economy is forever changing. The tax revenue that used to come in does not come in the way it did because of the way that people shop now. Our car dealerships, if our car dealerships go, believe me that a good chunk of the services that we can provide will also go with it.

If our mall goes, if our mall goes, you want to talk about devastation to our city. That would be a devastating blow to the city of Santa Ana. So there's things that we're constantly doing to try to promote business, bring in revenue, and trying to think outside the box. There's also those times where I look to where we're going as a community and start to realize that at the end of the day, we have to make some difficult decisions right now. We're not the only city, by the way. I spoke with the council members at Westminster who passed a one cent sales tax.

I spoke to some of the council members at Fountain Valley who also passed the sales tax. Those are more conservative cities, but they still passed it because the services that they were going to receive were important to those residents. So I want to make it perfectly clear, we are not passing a sales tax increase. What we are doing is something that I even believe our current Governor Brown did. I remember years ago, he came over to the mayor's house.

And one of the questions that was asked was, you've done so much over your life. You're in your 70s. Why do you want this job? And what he said was, because I can fix it. I think I can fix it. He says, no one's going to scare me. I know how to talk to all the special interests. He says, if I don't get elected, then I don't get elected. He says, it's bad for California because you'll see what happens. But in the meantime, he says, I can fix it. So I was interested and curious to see how he fixed it. And one of the ways that he fixed it was, instead of saying, we're going to raise taxes, Californians,

He said, hey, Californians, these are services that we need. If you want them, this is what it's going to cost. So we're going to put it on the ballot and let you Californians decide whether or not you want to impose a tax on yourselves for these services. And the people of California responded, not once, but twice. And they said, yes, please tax us. I voted for that, because one of those was about putting money into our community colleges and four year universities. And so absolutely, because that's the great equalizer. We talk about jobs, that's a great equalizer.

And so what I'm saying today is, and I say this with peace in my heart, because I know that I'm standing up for the right thing here, is that the residents of Santa Ana are going to have an opportunity to vote yes or no, and at the end of the day, they make that decision. That's what we're giving. So when we talk about leadership, there's another step, bringing in to how we allocate funds. Okay? I think that's ownership and leadership by the community's part. But it starts with this. It starts with step number one, community. Do you want these services and do you want to impose this tax on yourselves? That's number one.

I do, and I know that Councilmember Villegas was getting punched in the mouth a little bit, but there is something we do have to look at this. There's two types of law enforcement. There's prevention programs, and there's enforcement programs. We do have a situation right now where our time, our wait time, when we make a call to the police department, is significantly long. So we do need to fix that. We are one of the few cities that has this size of population with that small size of a police force. So there has to be things that help to bring those call times back or shorten them.

But number two is this, is we also need prevention programs. Prevention programs, true prevention programs, that involve our youth at a very young age into productive programs that translate and graduate into their school and education to also break the cycle of poverty, but more importantly, to get them on a positive light as they continue to move forward. Some of the members that spoke today are doing that right now by exercising their voice, by training families on how to exercise what they do, and training youth. That's a positive change.

So what I'm saying is, we need to, number one, before we all start talking about what we want, I hear you loud and clear. Let's do the first thing and let's turn out the fire. Let's assess the damage. As a community, let's come together and decide how we want to spend that revenue. Because that revenue has to be spent wisely with a sustainability so that we don't find ourselves in this spot again. Now, Councilmember Villegas, I know we have three different options.

One of the things that I would like to take us to take a serious look at is I believe item B, which is a 1.5% sales tax through 2030 and then it gets reduced to a 1 cent sales tax. I think the spirit of that particular item is significant and important. The only thing I would ask, and I know staff is going to cringe a little bit, but I have to look at the overall population, the feel, and from what I've heard in talking to other city leaders across the city,

is I believe that if we choose item B, which is a sunset, that the item B should be within the eight-year period. We're having an election in 2018. The next four-year cycle is 2022. The cycle after that is 2026. So I would recommend that we consider B with a sunset on 2026 instead of 2030, because that gives you two election cycles. And really, ladies and gentlemen, what this tax is, is basically giving the community, the leadership on all fronts,

eight years to redirect, readjust how our revenue is coming in and how we're spending it. So basically we get a chance to make sure that under this new economy, we get our act together and think of alternative ways to also generate revenue. At the same time, we get to keep our services. So this is one of the few times that we're going to be able to do this. And I know that we had someone here speak about Proposition 62 and the whole bit. Ladies and gentlemen, this is a San Ana issue, period. This is a Santa Ana issue. We live here.

And this is something that we have to make a decision on whether or not we are going to move forward and how we are going to spend that revenue and what programs we want to make sure are sustained here in the city of Santa Ana. So as other people from outside come in and try to persuade us on how to vote, at the end of the day, remember we sleep here, we eat here, we live here, we buy here. And we need to focus internally on ourselves first.

and so with that I'm done with my comments. Thank you for the comments let's take more comments and then we'll bring it back to Council. Councilor Solorio.

Thank you Mr. Mayor. I respect all my colleagues and you know what whatever decision is made tonight but as I kind of have highlighted previously I am voting no on putting this item on the ballot. I believe there's been an insufficient amount of outreach to our community as to what the needs are what what type of fees or taxes to impose, both in terms of residents and businesses. I mean, we're really having a second or third conversation on this and there's still lack of clarity like with the auto dealers and others. And I just believe we could have done better.

Also, how we use the money, although we've kind of heard in broad strokes how we might use that. Again, with more outreach, we could have been in a better place in terms of knowing what that would be about. so we can essentially tell the community what they're getting for these resources. I know something just because it's popular is to say we're going to use a significant amount of money for public safety and improving, as this PowerPoint says, improving police times and addressing crime. But the reality is, as has been mentioned many times before, we currently as it is have 60 funded but vacant police officer positions.

The money's been there, but for competition with other regions, other departments, lack of pay, particularly for recruits, we have the money there, we just haven't been able to hire them and we can't hire them fast enough. Because in part, many also retire every year. We lose about 20 to 30 officers each year for retirement. So just because we have an extra, let's say, $10 million or so to hire new officers, that does not necessarily mean you're going to get additional officers, and that's not necessarily going to get additional officers on the street or lower response times.

Also, I know it was mentioned that there was a question at the last meeting about what other options the staff or the city considered. even though they were kind of mentioned the city of the community doesn't know for example like partial taxes of various types what that might raise and what that process is let alone what our community through the poll is because guess what in the poll we didn't ask the community about any other real option other than the sales tax. Sales taxes are also regressive they they affect poor people and working class people more than let's say parcel taxes or other options.

So for us to kind of start in there I believe is a little bit unfortunate. And then finally, for clarity either by putting on the ballot or otherwise I think this issue of Prop 62 and what other communities are doing and whether items like this should be a two-thirds vote or a majority vote. I know there's been confusion on that even internally. So for a variety of reasons, I think that probably deserves some clarity. It looks like there is some case law and other information to suggest that when something like that is not part of a charter for a charter city like ours, there really is only a four vote requirement.

But I know that I've heard conflicting information internally about the staff, about whether four votes or five votes are required today. If we can have our city attorney opine on that, that would be fantastic.

Sonia R. CarvalhoItem —

Yeah, Council Member Solario and the members of the City Council, the requirement here is only four votes are necessary to adopt the item to move it forward on the ballot. And the reason for that is Proposition 62 does have a provision in it that says five votes are required, but this provision only applies to general law cities. And there's a case on point which I circulated just a little bit earlier today, which explains the reason why. So only four votes would be required to place this on the ballot this evening.

Thank you, Madam City Attorney. So again, for all the items I mentioned, I will be voting no on today's item. Thank you.

Quick comment, Mr. Mayor, thank you. 61 vacant police positions funded, not counting the unfunded. It's because we're down close to 100 police officers. So, and like I said in the past, we're operating at .09, which would be at 1.8 ratio for the population. So if we don't pass a tax measure and we start making significant cuts, you're going to have officers leaving. And they're already talking about leaving. We're trying to keep them. Name another city in Orange County that has 61 vacancies. I think the max I've seen is 10, but 61?

Get people to work here? We got to get it together. We got to do this right. That's just the reality of things. Believe me, I'm not for the taxes. We're doing what we're supposed to do. Let the public know. We got to inform. That's our job is to inform the public. They make the decision. We cannot make that decision. We're just putting it out there. So if it doesn't happen, then things could get worse. And I don't mean to scare anyone. That's just the reality. When the people speak, okay, that's my job. Just roll with it. That's what we have to do up here. And it's a tough reality.

And for me to sit up here and try to, I just put out the facts. I've always been like that. Just put out the facts. Everyone else that lives here needs to make the decision because, after all, we have to live here. We're talking about me making decisions for my friends, my family, myself.

This is a tough one, but I think we can get through it. And I just think that the people of Santa Ana will stand up once they know the facts. and like I said this is something not easy to talk about but it's a reality

thank you Mr. Mayor thank you I just want to make a couple comments I want to go to Councilor Tina Heddo and then maybe a little further discussion one comment is that if you look at other cities because other cities have been mentioned many have currently a higher tax rate. Look at the city of Irvine, for example, and look at their property taxes. Many of them are under Melrose districts, and they're at 100% higher than we are. If we're at 1%, they're at 2%. And that's just the nature of the way, when the city incorporated, the way they set

up their taxes and their services. And so people are paying a lot. If you look at areas like the great park where they're building housing those homes are expensive and the taxes that they pay are very very high what we're talking about is nowhere near emulating those levels of of taxes we're talking about a smaller uh a number that's much smaller in magnitude however i will tell you that i think over time sales taxes are going to continue to change because of the internet And so we're sitting here thinking that this is a stable number.

If you project it on a go-forward basis, that 1% is not going to be 1% potentially over time. I don't know how we offset that or take that into account, but it's something we have to be aware of. I also would argue that I think we need to look at a larger horizon, because something that's of something like eight years, I think potentially is just a shock to the system. You kind of start working, you start doing projects, you start planning, and then potentially all of a sudden you get the rug pulled out from underneath you.

I mean, I see a city manager nodding his head, but that could be a real, real unintended consequence to where we're trying to do a good thing and we're all leading with our head and our hearts. But if all of a sudden an unintended event occurs and in eight years something doesn't get re-approved or something happens, that could be just a devastating unintended shock. Let me just allow a brief comment by the city manager because he's waiting on it, but then I want to continue. I've got a couple more thoughts, but please.

Mr. Mayor, not to interrupt you too much, I just wanted to mention that the thought behind the approximately 12-year horizon was to account for a possible downturn in the economy and the time it takes to recover from that. We're pretty much due for one, and that was part of the thinking in terms of being responsive to Council, in terms of, I heard from a few Council members, interest in the sunset, and so that's why we were trying to align it with the election cycles and give you a time frame that might account for that. Thank you.

Let me just continue with a train of thought for a moment, and that is that I also see like an option B. We start at one and a half, then we go to one percent. I think we'd be better off just to have a number. And even if it's going to be a longer period of time, do it for a longer period of time. But don't be, you know, moving around. I mean, you know, we're talking about a city here. We're talking about a whole lot of folks. this is a a real situation and we really need to give it our very very very best thought and to that effect i know we still have a few more hours and days and these moments matter what i propose is

that we continue the discussion if any council members have the time or the or or the desire I think we ought to form a little aghawk committee. I know Councilor Dinajero's given a lot of thought. I know so have others. I'd be willing to serve on such committee. If we do something today or do it in two weeks, it's virtually the same thing. And if we can put our heads together and just come up with what we think is really the best approach, frankly, I think that's worthwhile.

At this point, a lot of this has been staff-driven, and staff is just trying to come up with options, but ultimately, we're the elected officials. We're the ones that have to lead the city, and we have to make sure that what we're advocating is something we've spent time with. And I just think that a little deeper thought might give us a little better result in that it's worthwhile. file. Let me go to my right. Councilor Sarmiento, please.

Thank you, Mr. Mayor. I'm not adverse to that, but this has been before us a couple of times, so I don't know if staff has any comments on the timeline or the time sensitivity to this.

Does two weeks, if we decide to take two weeks, does it impact the overall event?

I believe that that would be the absolute last opportunity, would be the next meeting, because after that we go dark in first meeting of August, and then this is due, I believe, the city clerk mentioned.

So two weeks we could handle. All right, so I've been asking that question a lot on a lot of things that have been on the agenda on a recurring basis, so that's good to know. Jorge, can you go back up to the podium and leave us with something on the screen here? It's the shot of your status quo forecast. shows the inverted grid, I guess, or the inverted chart, bar chart. The red one that gets bigger and bigger? Right. So, you know, I want folks to look at this image because it is something that to me is very ominous. And so I don't think, you know, we want to approach this from a place of fear,

but I also want us to approach this from a place of reality. And so if we're not going to make a decision tonight to the extent that the mayor wants to be on an ad hoc, any forms, I would welcome that. And I think it's a good thing. I'd like us to take a position sometime very soon. If we could do it tonight, let's do it. If not, let's just, I guess we can't put it off any longer. But, you know, I keep hearing, you know, colleagues of mine and others speak about increasing salaries for some of our employees, enhancing details, improving conditions, enhanced services. So you can't have both, given this scenario.

You can't be enhancing things and increasing services and talking about all these great programs and services and resources that we're going to provide without being able to pay for them. So to the extent that we realize that if we don't go forward, which is fine, that's a question that we're not going to answer. It's a question that our constituents and our residents are going to answer. We have to realize that I think the city manager had posed this question to us when we decided to dip into our one-time monies. And we were told that we were going to have to cut back services, lay people off to the extent of $10.2 million.

dollars, right? So we should get used to that and stop talking about, you know, enhanced salaries, enhanced services, because we're going to have to start looking at cutting and what is it that we cut to what proportion. So those are the things that I think we just need to start grappling with. And we're not talking about luxury services here. We're talking about baseline services. So the only thing I would leave with my colleagues tonight is that in the event that we do go forward and put this question to the voters, because we can't answer this for them, it's got to be a voter-led decision, is that we consider

addressing and changing our fiscal reserve policy. And it's something that I wanted to do when we came out of the recession and we told ourselves we'd never find ourselves in this position again where there was no safety net, where there were no monies left over in the case of a fiscal crisis. And I don't think we ever did that and I'm not sure if you were with us, Madam City Attorney, but we talked about having a two-thirds majority, number one, declaring a fiscal crisis before we dip into those one-time monies and reserve policies, but also having a two-thirds majority vote on that.

So it's similar to the Prop 62, but it's money that we keep in the event of an emergency and not just use it and flexing it any time we want. So that's something that I would want us to consider as part of this policy if we address it, because it is something that's going to be a recurring problem. We see that these numbers are not going to get any better as the years go on.

Thank you, Mr. Mayor.

One of the things I would ask our council to take action tonight, we've gotten into the habit of putting something on the agenda and then making a decision to table it. And I really do believe that if we are going to give ourselves ample time to prepare and get everything ready, we need to take action. So I would ask that we go ahead and take action. One of our colleagues was talking about the vacant positions and why he wasn't going to support this. The reality is it's not just about public safety. it's about the infrastructure of the city and it's about all the items that come together as one

and we are not again we are not imposing a tax we are simply asking the residents to vote and if you are against it vote no we want to hear from you if you are for it vote yes it's that simple So that's, I think, the fairest way to ask people if they want this or not. So I don't see what the harm is and why someone would vote no on this if it's really just asking our residents a simple question, do you want this or do you not want this? And then we as a council have to work off based upon the results. It's that simple.

Politically, people put all kinds of other spins on it, but it's really simple. We have a structural deficit. We want to be able to try to solve for it. We're going to ask the community, do you want these services? And if they say yes and they're willing to pay for it, great. If not, then we have to deal with the consequences of that, and we have to be more creative on how we approach. But we're trying to be as creative as possible. We're trying to find things to bring in revenue, and at the end of the day, we want to keep our city solvent.

And, Councilor Artina-Hero, with due respect, the only I'm with you I think we have to put something before the voters to me the question is which one of the three options because we've got option a B and C and all I'm suggesting is that we consider moving forward but that we pause for a moment and really amongst ourselves if you will as a council deliberate a little more on is it a is it B or is it C because they're hugely different you know if we're gonna go one and a half you know versus one and a half

and then going to one or and if there's gonna be a you know a sunset or if it's gonna be option C which is a just a 1% flat you know for all eternity these are you know big questions that we really ought to understand and not just say let's flip a coin or decide which one looks better so I if this works I'd be willing to support a motion that says let's move forward so we all know we're we're making a commitment but but may we you know deliberate a little bit more

is it a B or C and which one is best please go ahead madam city attorney is

Is it possible for us to support putting a tax measure on the ballot without stating which one and bringing it back?

And in two weeks we decide which one.

Which one, but we have voted to support putting it on the ballot.

Sonia R. CarvalhoItem —

Well, I mean, it'll be largely symbolic that you are supporting to put it on the ballot. And so everyone would know that the resolution would not take effect until you actually adopt it. And it could be signed, but at least that would give us time to begin working on the information sessions. Because one of the things that we need to do here also is to educate the community on what this is about. So the sooner that those things can start to happen, staff will need to begin to work on that.

So if we vote today to put it on the ballot pending making a decision on which one we're going to choose. A, B, or C, or D. At the next meeting, is it a done deal then that we are making a commitment to put it on the ballot?

Sonia R. CarvalhoItem —

You're making the commitment to do the resolution. Those blanks are very important and need to be filled in, so it wouldn't be considered official. And we realize that. One of the things that you could also do is you could adopt the resolution this evening with one of those options in it and come back in two weeks and change it as well. That's up to you.

Why don't we do that? We're going to do option, I'd be good today with option C, but we can come back in two weeks and decide to change it.

So I'll make a motion to-Second. I WANT TO GO WITH OPTION C AND TO ALSO COME BACK IN TWO WEEKS AND CONSIDER A CHANGE IF WE FEEL THAT'S APPROPRIATE. MAKE A POTENTIAL CHANGE IF WE NEED TO.

COUNSELOR BENAVIDES.

BASICALLY, I'M JUST WRESTLING WITH...

I recognize that we need to, staff has been talking to us about this, we've been looking at some of these numbers, like some of my colleagues, I'm very hesitant, would prefer that we didn't have to. however the the the grid that was presented before it's not very uh doesn't paint a very positive future for for the city fiscally and then as a follow-up then as it doesn't paint a very positive features for our services we're able to provide I've been here for a number of

years I was there when we were looking at whether we would even be able to stay fiscally solvent and definitely don't want to have the city in that position once again. And the last thing I would want is my time and some of my colleagues, our time on the council is going to be wrapping up. And I don't want to pass on to the next council and residents a fiscally dire situation. So I've come to the conclusion and realization that we need to put something on the ballot. But my hesitation is personally, and I don't want to not vote in favor.

I definitely, the sunset in my mind has to be, it needs to be something that we present, has to be a part of the option. So my hesitation is just going with C then doesn't allow for that. And if for whatever reason we don't come back and do something.

So a question can I abstain from the vote tonight? Just abstain for tonight. That's what then I'll be doing tonight. Okay. When we come back I'll be in support of this.

And can I just ask for a friendly amendment to the maker of the motion? And that would be that we do the buy Santa Ana campaign that was brought up by the auto dealers. I think that makes a lot of sense. other cities like Westminster did it successfully and I think we ought to keep that in mind I will accept that all right so madam clerk did you get that all right so we have motion a second those in favor please say aye aye aye one abstention one abstention and one no

councilor Salario's no Ben Avie is with an abstention the others were silent no I'm kidding. All right. So with that, we go on to the next item. And on that, this involves cannabis. And as I've stated before, I don't participate in cannabis decisions. My campaign consultant for years is very active in the cannabis industry here in the city. And I think it's best that I just don't participate. So I'll turn things over to Councillor Benavides.

Mr. Mayor, I'll be abstaining as well for the reasons stated before. I am legal counsel for some public agencies that I'm helping assist in drafting cannabis policies.

Thank you. Thank you, Mayor and Councilman Sarmiento. So as they exit the room, I'll bring it back to Council. I don't think we have a presentation on this matter, right, staff? So any, we do have a speaker. So I'll call Miguel Hernandez, who would like to address the Council on this. Well, actually it says, yeah, I believe so. Right, Mr. Hernandez? Miguel Hernandez?

Are you looking to speak on this matter, 55D? Miguel? A. Okay. So it wasn't on this matter. So then I'll bring it back to council, see if there are any questions, comments, or motion. Just make a motion to approve. It's just changing the fee to a tax. Correct. So placing this matter on the ballot for the vote. So we have a motion and a second. Any comments? Yes, councilor.

I have a couple questions and as Councilmember Villegas mentioned, this is mainly just to transform a current fee program into a tax program for the cannabis industry, particularly on the commercial side. Two questions, first, does this require four votes or five votes? Four votes, okay, very good. And then did we consult with members of the Santa Ana Cannabis Association industry? And are they supportive? Did they have questions? Did they have suggestions? And if they had suggestions, did we incorporate any of their suggestions?

Thank you, Councilmember Solorio and fellow council members. Yes, we did meet with representatives from SACA continually. since we adopted the ordinance, the mayor and city council adopted the ordinance. So we have been in constant communication. We did share this final version and the structure with the association and they were supportive of it. They did make some recommendations. As you'll note, the ballot measure will have cap amounts, but we are recommending, and there's a chart that has the effective rates at the beginning. so the council would be able to increase the rates up to the cap

so there's the two components the base fee square footage and then there's the gross receipts so we did outline that with the SOCA membership and they were supportive of it they understand that the caps are caps and that the effective rates are there the council does have the authority to go up or down depending on how that goes and we did commit to continuing dialogue with the association as well as the entire cannabis industry as this evolves and in the industry evolves so that we make sure that we're on top of it we did add language in the ordinance that

allows the City Council to come back and make some administrative changes and cleanup as we see changes in the industry such as vertical integration via via

ordinance via ordinance by the City Council that's a very good idea and so So I'm hearing you say that you have no indication to believe that they would oppose this measure on the November ballot? No. Okay, we'll continue to work with them. I appreciate that ongoing outreach to them. And again, this is very consistent with existing City Council policy, so I am supportive of this item.

Thank you. Councilman Solori. I also have some questions. Any other questions for my colleagues? Mr. Garcia, a couple of questions. is this item, the question before the voters, is it specific to commercial and or adult use as well? This is both, just the commercial and adult use. This is not touch medicinal. So Measure BB is a separate measure altogether. We want this to stand on its own as only cannabis. Follow-up question.

I see that there is a percentage that, and you addressed what the rate would be and that there would be some option to potentially adjust that. Is that just increase or is this 8% of the, well, varying percentages, the floor or is there potential to adjust? You would be able to adjust anywhere between zero and the maximum of 10% on the gross receipt side. On the square footage side, you'd be able to go between zero and $35 per

square foot on any given category. As you will see, we do have different rates for both the gross receipts and the square footage. Right. Okay. I just wanted to confirm that we did have the opportunity to, again, Again, go both ways, including reducing. I know that this is all new industry across the state and for Santa Ana. And when we've addressed and adopted the fees as part of the business application and such,

one of the comments that we've made is that we wanted to see how things proceed, how the business responds and then to allow for potential adjustment if we need to reduce I just want to make sure that we would still be able to have that that option and then the other question I have is within the staff report there's reference of allocation of commercial cannabis being appropriated a third youth services third enforcement of their general fund but it's it's specific to commercial and and I'm not sure that it's I didn't see that adult use was

also the direction of council, that it would be both, that that third would be adult use as well as commercial. I just want to make sure that that's incorporated and reflected. We'll make sure that we reflect that, but our understanding is that it's cannabis items, so those apart from BB. Okay, so if that's clarified and addressed, that addresses my question.

I have one more clarification for an earlier back and forth with our city attorney. I know on page 55D in terms of the one third and one third, again, the word reserve has popped up in there for enforcement and youth. Yet for general fund and administration, it doesn't have that. I would suggest, as the city attorney has also suggested that really they're all general fund. oriented and we should strike reserve appropriations from those and just have them be general fund categories for

for for for youth and enforcement just so that there's no confusion with where it is as well as

vote provisions so i see nodding heads by staff okay so that we have a motion and a second no other comments and call the question those in favor aye any opposed any abstentions motion carries

unanimously. Council member Benavidez, this is also one where up to five council members are able to file arguments in favor or support. I don't know if you would like to identify who those council members are. My recommendation would be

that the four of us that took action could be named and then potentially if anybody. So the four council members, great thank you. So again we can call the Council members back and this brings us to 68 which I believe is being continued for two weeks.

Yes.

So that's, I believe both council as well as staff was seeking a continuance for two weeks, would I understand? But I'll go ahead and move a continuance for two weeks.

Second.

Second. Those in favor? Aye. Aye. Any opposed? Abstentions, motion carries. Thank you.

Thank you for that, Councilmember. Are we on 75A now? 60B. 60B. Leave California Cities. We need a voting delegate. And apparently Mayor Pro Tem has volunteered.

Yes, she sits on the board.

Alright, I'd entertain a motion on 65B.

But we can also select two alternate members. So she would be the voting member and up to two alternate members.

Do we have to?

You don't have to.

No, let's leave it alone. I think we have a motion. Now is there a second?

I'll second.

Those in favor, please say aye. Aye. The supposed motion carries. Do we have any speakers on 75B?

None received.

All right, I'm going to open up the public hearing on 75A. This is a recovery of uncollected costs for abatement of dangerous and abandoned buildings. and i would uh open the public hearing formally to make the city attorney happy i'll close the public hearing formally and ask for a motion by council members move the item second we have motion that's an item one and two correct those in favor please say aye all right i those opposed motion carries item 75 e b this is a recovery of uncollected costs for wheat abatement public

nuisance for fiscal year 2017-18 i would open up the public hearing is there anybody that wishes to address us seeing no one i will close the public hearing and bring it back to council for consideration is there a motion move the item there are second those in favor please say aye Aye. Aye. Those opposed. Motion carries. Now let's go on to item, I believe, is that 85A, madam?

Yes, that's correct. If you'd like to take that up, that's a mayor.

Michelle's not here. Do you guys want to defer it for two weeks? Let's put it over until she's back at it. All right. Continue it, or you want to table it or continue?

Let's continue it until she's back. All right.

Two weeks. We have a motion, a second by Benavides. Those in favor, please say aye. Aye. I suppose motion carries. We have the, it says the blue agenda here, is it the Housing Authority?

Yes.

I would entertain a motion for the Housing Authority.

If we can excuse the absence of Mayor Potem-Martinez.

All right, let's make that part of the motion. So I would entertain a motion on that, also on the consent calendar. I'll move you. We have a motion. Is there a second? Second. Second. Those in favor, please say aye. Aye. Aye. Aye. Those opposed. Motion carries. And now it's nine o'clock. And I'm probably going to take us back into closed session because we still have to have a little bit more discussion on some items. And then we'll come back and report out.

All right, we'll do public comments. You guys can go home and we'll keep working. Dale Helvig, come on down, followed by Steve Gorgoni. Come on down, Dale.

Dale Helwig, thanks for taking the public comments now. I just want to wish Santa Ana an accident-free July 4th tomorrow, so hopefully everything goes well. And also, Councilman Tina Harrow, I'd like to take you up on that offer to meet with the developer on 2525. So if you can make that happen, I'd appreciate it.

Today I went to a memorial service for a Long Beach fire captain who was shot in the line of duty, doing his job the correct way, responded to a fire, and passed away last week on June 25th. He was an honorable man. He was a great person from all accounts that we could gather. He was a teacher. He was a father. He was a son. Just a great all-around guy. And what it made me realize is that life is too short and it can end in a blink of an eye.

One of the things that was mentioned was suffering produces endurance. endurance produces character and character produces hope and hope does not put us to shame with that I would ask Mr. Solario to take a stance on 2525 and support the residents of North Santa Ana and not the developer who insists that his project is a great idea there are other ways to make revenue in the city as we discussed as you guys discussed earlier through the sales tax

if that needs to be one percent i think there's an emotional issue of going over nine percent on taxes so i i hope you support us mr salari thank you thank you uh go ahead council audio just a

clarification in the process thing uh uh madam's city attorney because there's a quasi-judicial aspect to that 25-25 project and I know we're waiting for the environmental review document to also be published and published at some point. Is it appropriate for council members to take formal yes or no positions before seeing all that information and actually that the hearing dates or can you... I would

Sonia R. CarvalhoItem —

actually advise council members who wish to participate in the decision not to formulate any ideas, thoughts, or positions on the issue so that it can be presented through the regular process right if you choose to take that position you do stand the chance of being disqualified for a violation of due process there are there's more recent case development in this area where you have to have to have an open mind towards a project right and I

agree and I have communicated that to many of the neighborhood residents but there is a you know a layer of severity to really making you know judgments on projects before we get all the information I in particular I'm really We're looking forward to seeing what the environmental review document says.

Sonia R. CarvalhoItem —

There's no problem with council members asking questions or saying that they have concerns. The question is when you take a position on a project and you say, I will vote to oppose it before it even comes forward to you, it will disqualify you from participating in the ultimate decision.

Right. Thank you for that clarification for the public. Thank you.

Okay, Steve. Followed by Miguel Hernandez.

Mr. Mayor. Council members, my name is Steve Gorgoni. I live in the beautiful community of Park Santiago. I want to thank you for this opportunity, and I want to tell you I truly appreciate all you guys do for us. I know this is probably not the – this is a difficult job. I'm here to address the 2525 North Main Street project. Now, I know this city is in a housing crisis. I know we are all over. But this is definitely not the way to address this problem. I realize this may seem like a good solution, but the problem is it creates other problems.

The issues are with the immediate surrounding area, which will most definitely be impacted by development of this size and location. Don't get me wrong, I understand the need for developments like this, but the main problem with 2525 North Main Street is where this project is being planned. It's simply too large and too close to residential neighborhoods. From what I can tell, there's no other developments like it being placed right up against beautiful historic homes like we find in Park Santiago. Its density of 496 units is simply going to overload the surrounding area. Main Street is already overloaded.

At certain times of the day, the traffic is an absolute nightmare. Adding 496 units to an already overloaded area is going to create a multitude of problems. But its impact is going to be felt most by the Park Santiago community. We in Park Santiago are against this project and want to make sure that any development that happens that close to the neighborhood will only add to its beauty and not take away from it and congest it with traffic. Thank you again for all your time and your understanding. Thank you, Steve.

Miguel Hernandez followed by Rory Kirk.

Miguel Hernandez, Executive Director with OCO, also a Lifeline resident here at Sanana. just here to support the resolution for conversion to district elections. I know this item's been here several times. I am also here representing Coalition Santa Ana for fair elections. That includes OCO Accord, LHA, Boat People SOS, OC Resilience, Latino, White, and Vietnamese residents. here in support of the change to bi-district elections, in support of

creating a system that no longer or reduces the oppression for our Vietnamese community. And I know this is a structural injustice that you're addressing currently. Hopefully we can bring this to a speedy resolution and convert to district elections as soon as possible. Thank you very much.

Thank you, Rory Kirk, followed by Sue MacDonald.

Thank you, Council, for letting us speak tonight. I'm Rory Kirk. I live in the Park San Diego residence, and this is also concerning 2525 Main Street. There are multiple reasons Park San Diego neighbors have come together, along with other several surrounding neighborhoods to oppose this project at 2525 Main Street. Many obvious ones have been brought to the city's attention through emails, letters, phone calls, council, and planning meetings. Main Street will be unable to function as it is intended to be an ulterior

road for transportation. The city is concerned that about 60 cars during non-peak hours at Grand and Santa Clara due to the fact that spring charter school would like to add two more grades to the curriculum this is interesting given the minute size this has compared to not only the amount of cars 25 25 main street project will bring but also those projects recently completed nearing com and nearing completion some of uh with the sum of about 3 000 more units proposed in a two to three block area which brings us to the lack of services which you've already discussed tonight the city already can't afford can't provide its

existing residents with as there's inadequate infrastructure for water and electricity also the negative impact santiago park will incur from its size compared to the high density project planned on the park's edge not to mention the absurd idea floated using the park for an exit from 2525 Main Street proposed apartment complex. Pollution, noise, trash, crime, along with all the other negatives that have come along with high density complexes. These are only a few of the

negatives that have been presented for the project. The developer purchased this property knowing what its existing limitations are and now has the city for changing the zoning, which is not conducive to the park or the neighborhood whose boundaries it's within. My Tudor-style home, which has a roof height of 22 feet, is in need of a new garage. Due to recent building code changes, some as recent as last month, I am unable to build the garage with that height, which would afford me a two-level garage, while the developer is seeking not only five stories as he has asked for,

but actually it's seven stories by the time you get finished with the height. I'm unimpressed with Mr. Solario. You can wrap up, please. The light is red.

That's good enough. Thank you.

Well, I will say, Mr. Solerio said that it was unintended. I mean, it's improper to have that partial next to the ward where the homeless are. Well, this is an improper place for this project.

Thank you. Sue, followed by George S., and then Perla Dominicio.

Hi. I'm speaking on the 2525 project also. My name is Sue McDonald and I live in the Park San Diego neighborhood. I have lived on French Street in Park San Diego all of my life. It is such a wonderful neighborhood that when I got married, I bought a house on the same street as my family home and so did my sister. My family home is a 1927 Tudor built by Allison Hohner. Not only did Hohner build the home, but he lived in it for several years until my grandparents, the Seamsons, bought the house in the early 1930s. Our neighborhood is so special because of history like this.

I know everyone on my street and many people surrounding French Street. Great neighbors are important in the history of the homes and the people who live in them should continue. This is what makes these neighborhoods so precious. The City of Santa Ana's commissions and councils have always recognized how special the old North Santa Ana neighborhoods are. They have worked so hard to preserve the keepsake neighborhoods, evident by past efforts to preserve them. Examples of this are when the city chose to close the Santa Yago Bridge to stop cut-through traffic from the business area of Orange.

Also, when the Santa Ana Freeway was being widened, the city temporarily closed Edgewood and stopped the building of the overpass that dropped into the neighborhood. I recently discovered a preservation effort that occurred in the late 1940s. The grove located just north of Guarantee Chevrolet, Santiago, was slated for development. The area was going to be rezoned into multifamily units. My neighbors Herb Scott and Jean Westmeyer headed up a group of concerned neighbors, and they were able to gather 10,000 signatures to request rezoning to R1.

If the council and commission had not changed their plans for apartments, we would not have six blocks of beautiful 1951 houses added to our neighborhood. All of these preservation efforts by neighbors, council members, and commissioners were huge moves by a lot of people recognizing the significance of preserving this area. I think this is why I'm confused about the project on 2525 Main Street. This seems like a project that someone was just looking to plop down somewhere, and they picked the corner because it had open land. Maybe it's not a junk project, but it's something that could be built anywhere.

There's nothing special about it. In fact, I think all the apartments proposed for main place malls seem to be a better fit. Why one more set of apartments so similar have to be put where it will cause negative effects on a neighborhood that the city has worked so hard to preserve? I just don't understand. I ask the city council... Thank you. Just one sentence. I ask the city council to continue the legacy of past city council members and commissioners and see through their eyes that these neighborhoods should be preserved because they cannot be replaced.

Thank you, Sue. George S.

Followed by Perla Dominiccio, I believe it is.

Are you here?

Yes.

Followed by Yvonne Enriquez.

Okay, good evening, everybody. First of all, I would like to thank all the grassroots folks and volunteers that have been walking the streets of Santa Ana and Latino Health Access and in a building healthy communities, Chispa, Osi, Chicanos Unidos, and Protege Santa Ana. for their work to fight for dignity for the Henten Santa Ana through the rent control. On May 30, a Delhi Center's Immigration Forum by Congressman Lou Correa

was attended by members of the three percenters, Baked Alaska, Proud Boys, Minutemen, and We the People Rising. All of these groups have been known across the nation as performing atrocious acts of violence against immigrant groups and people who defend immigrants. All these people were here in Santana. You had them at the 4th of July teaching kids about American history. I came here on the 5th of July to make you aware. and many times over I have asked you individually

we have asked offices as to who is responsible for this yet these same people will be there tomorrow Lupe Moreno is still part of the planning committee for this and I guess because she is your friend and she was appointed by you in the first place, you know, racist like company

So on top of being the most corrupt mayor in America, you know, Lupe keeps getting granted this position and bringing hate to her family. One of her posts, and I quote, ICE not only needs to come to Santa Ana, ICE needs to have a big base in this city. They port all illegal aliens, organize an event. I am organizing an event for tomorrow. If you do not remove Lupe Moreno from the commission to perform at the American History Walk tomorrow, all of Santa Ana is coming out, and we're going to shut it down.

and and like I have said many times before you too need to step down from your position you have stolen the seats from real people

Thank you. Ivan Enriquez

please. How much money are you making on 2525 Jose?

Thank you City Council I just wanted to to echo really the concern that tomorrow we will have individuals participating in a city-sanctioned event here. And I just want to highlight that this is probably another opportunity to give our Parks and Recreation Department, as well as our Youth Commission, another opportunity to participate in civics. I mean, I'm not too sure why. It feels like we're contracting this out for the fact that we have individuals like that coming in to the city and participating when they're making such hateful and such bigoted comments towards our residents off time.

And then another thing, too, is that personally, you know, I've helped out with the 4th of July celebration, and I'm familiar with Lupe. And so I'm pretty sure that you are also familiar with who she is and the type of comments that she makes here in the city. And so I find it kind of unacceptable that she's inviting folks that have participated, like, for example, Halloween at Kelsey Fullerton, where they created a disruption. and they also created the disruption at the Del High Park. I thought that we got over that and apparently we didn't get over that because we still have city staff

inviting those types of people into our community making such charged statements and then you start to wonder why we have public safety issues because people can't even live in their own city without being harassed, without having caught... I was harassed at Halloween at Cal C Fullerton because he recognized me as a city resident in Santa Ana because we are a sanctuary city and so you really need to take that seriously I mean, the fact that a year later, we have to come back to ask you to remove those people from that event tomorrow. And they're going to be there tomorrow, from my understanding.

If they are there tomorrow, I wonder what type of response the city is going to have. And so I ask you to please be thoughtful, maybe in the 24 hours that we have. I mean, we're supposed to have fun tomorrow. It's 4th of July. And instead, we have to worry about what type of incident might happen tomorrow. Please keep that in mind. And we've had residents. That's the reason why they're here today, to speak on this subject. I'm not too sure why we have to repeat these statements. Just give it to the Youth Commission. Just give it to the Parks and Recreation Department. Don't contract it out. We have, you know, city staff.

They're really nice. Work with them, please. Thank you. Billy Lay.

Mr. Mayor, as the next speaker is coming up, I want to just ask the chief, this is a serious issue because they come in here And they pretty much spit on our face and our community. And what happened last time is that there was a concern that they might get hurt, okay? So it just seemed that our staff was focused on keeping that individual safe, who was basically bad-mouthing the community that was out there. And it was all on video. So I just want to make sure that, number one, we're going to get a new Parks and Rec director. And this has to be one of the things that we discuss.

I mean, it might be that we just decide not to have anyone have a booth, if that's what it's going to take. But in the meantime, we have an issue. I just want to make sure that our residents who live here are respected and respected. Correct. Thank you. Thank you. Billy? Good evening, Council Members. God bless you guys. Indeed, you need God's blessing and his wisdom with all the things that are going on. I'm here again to talk about 2525 North Main Street. I know the state of California has mandated more residential homes in each city.

The density and the deceit of this developer and the density is greater than all other 87 units per acre. And so, gosh, gee, that's one issue. As mentioned before, previously, the project is referenced as a five-story. Well, this gentleman told us it's seven. I was going to say six. That's more of the deceit, Mr. Solario, more of the deceit of our developer. He just spews out deceit after deceit after deceit. It's embarrassing for all of us to have to endure that.

And because of these things, we need a shade and shadow study to be done by the environmental impact. Also a light pollution study.

and then the lawsuits that I mentioned you know you guys are not paid enough to get these little screwy lawsuits well if in fact something happens and they are allowed to pour cars out on Edgewood and if they go left I can't even tell you what is going to happen they would have to go right that's if the project is approved and I hope you don't approve it

Now, then the last thing, if the Santa Ana budget is a deficit of $17 million projected for next year and $40 million projected over the next five, and you're police and all, I mean, I can't even describe in words that you'll understand why do we want this project when we don't. Last night a car was broken into the man's tools. He works with tools, $1,000 worth of tools. And you said yourselves tonight that the police response is slow, and it goes on and on and on. So please, please, please, God's wisdom, and do not approve this.

Mr. Solario, be proactive and dig into the deceit of this developer so that all of you folks can be informed, and you just won't approve this project.

Thank you, Billy. You bet. Dan Escamilla followed by Laura Perez. Good evening Mayor Polito and members of

the council. My name is Dan Escamilla. I'm here so that you can put a face to my name. I'm a graduate of Chapman Law School and a graduate of the Orange County Sheriff's Academy. I'm also a post certified instructor able to teach police officers. I've been working since 2007 as a bail fugitive recovery agent. I've arrested many dangerous fugitives in this city, and I like to think that I've done my part to contribute to the public safety in this city. I'm also active on a state level. I hold the seat of the fugitive recovery chair of the California Bail Agents Association, and for

many years was a board member with that organization. I have a leased office just a block from here, and I've been there for over a decade. I'm here to tell you that as a result of a serious issue of misconduct with a single Santa Ana police officer, my concealed weapons permit, which I've held since 2009, was revoked, and I'm no longer able to safely or effectively continue my career as a fugitive recovery agent.

As a result, I intend to bring a very large government tort claim against the City of Santa Ana, seeking a substantial amount of compensatory damages, including my loss of earnings, which, as a fugitive recovery agent, has averaged over $100,000 per year for the last three years. The six-month period runs on the 17th of this month, so prior to the next Council meeting, you will each receive the claim with a bound booklet of exhibits which details the January incident. Sergeant Elms is currently conducting the internal affairs investigation, which was referred to him by the district attorney's office.

I'm hoping criminal charges will be filed against the Santa Ana police officer and that you will have 62 vacancies with the police department. But even if they are not, I can assure you that my civil claim against the city will be substantial and that I'm well prepared for years of litigation ahead of us. Thank you very much.

Madam City Attorney or Mayor of our Chief of Police, I don't know if this is a form to address it, but he's basically saying he's going to file a large lawsuit. I don't know if you're suggesting it can be mitigated or if you want discourse or you just want us to wait until after you file, but could you give us your thoughts?

The claim, which is required by Government Code Section 985, will be filed within the six-month statutory period, and that will be before the 17th. The city will then have an opportunity to meet and discuss it, and I'll be open to any discussions during the time.

All right. Thank you.

Thank you.

Laura Perez, please.

I hope you win. add two more cops. The one that flipped me off and told me to F off and the one that was, you know, I showed you the picture that was talking to the prostitute this past Thursday. I'm here in regards to tomorrow's walkthrough history event.

Lupe Morphine or Moreno. Mr. Benavides, do you mind sitting down for a couple minutes, please?

Can you stop the clock?

You can do whatever you want. Please continue, Laura.

I'm sure he can, just like Mr. Solor was on Facebook exactly an hour and 15 minutes ago liking a post that I put on your wall. I think that's an acceptable, sir, for you to be using taxpayers' money while you're on social media, and you should be up here working for us.

So to go back for tomorrow's event, we have someone that's on the committee that's been backed over the last nine to ten years conducting this event.

On July 5th of last year, as we spoke up and we showed up here to notify you of the person that was invited, a personal friend of Lupe Moreno, she denounced him as not being part of the Minute Minute group, but instead publicly announced that she is part of the Minute Minute group. and she's against the immigrant communities that every single one of you represent and I find it a shame that this person is still on this planning committee. I hope that the new person, I believe his name is Ralph, who just started yesterday from what I've been told, can take this into

consideration and that any and any future volunteers for the future get screened, get a life scan so that we have volunteers that have a clean background and a clean slate. Not only that, but I do recommend that maybe this program or this walkthrough event gets sent over to our youth program or even the high school students at our local level. I don't see why there's even a budget to employ an outside company to get three paid actors for tomorrow when those can be turned into scholarships for our youth. Thank you. Thank you, Laura.

Alright, with that, I'm going to go ahead and let's go into closed session. We have more items that we want to discuss.

Thank you.

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Let's go.

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Why are you going to forget that I only want you to love?

It's the soul that tells me to follow me

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Entiéndeme, yo te amo And fight for a life that is worth the price That's love, I understand And I have a love, I have a love I have a love, I have a love I have a love, I want to give you all No quiero que quieras

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I think she's a good one. She'll get it. She'll get it. She'll get it.

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It's the soul that tells me to follow me

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I love you, and fight for a life that is worth the price That's love, I understand And I have a love, I have a love, I have a love I have a love, I have a love I have a love, I want to give you all that I want

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