Read the March 2 meeting.

Thank you.

Thank you.

Thank you.

I'm sorry. One second, Mayor. For some reason, I could not hear you. Give me one second.

Oh, no.

Thank you.

I just connected myself. I had to run back to the other room. I connected myself again. Yeah, I was trying to figure out the...

Okay.

Okay. Okay, Mayor, now we are ready and mics are rolling. Everything's okay.

So do you want me to start all over again or?

Yes, yes, please.

All right. All right. Well, I apologize to you guys who are going to have to bear me twice with this. Anyways, let me go ahead and call this closed session meeting the order of the San N. City Council for March 2nd, 2021. Let me just go ahead and read this opening comments, which is in accordance with California governor's executive order n-25-20 regarding the brown act and guidance from the california department of public health on gatherings this meeting is taking place entirely via tele teleconference via zoom the city council chambers are closed the public public is accessing the meeting via

the san youtube youtube channel or the city's website the council members and i along with the city manager the city attorney city clerk and the executive management team are in different locations please bear with us as technology may disrupt the flow of this meeting as usual let me go ahead and turn it over to uh that clerk for you to conduct roll please thank you

council member becerra council member hernandez here council member lopez here council member Mayor Mendoza?

Here.

Council member Fan?

Here.

Mayor Potempo-Pinaloza?

Here.

And Mayor Sarmiento?

Here. Well, great to see everybody. Looks like all of us are here and hope everybody is doing well. We'll see how things work out. Hopefully it's gonna be, I don't wanna say anything every time, I jinxed it every time I say it, it's gonna be a short night. So it's gonna be a very long night. So we'll see how that works. In any event, are there any members of the council that would wish to abstain or conflict themselves out of any items on the closed session?

Seeing none, I'll go ahead and turn it over to Madam Clerk and ask you if we've received any written correspondence on anything before us in closed session or if we have any members of the public that would wish to address this one.

Thank you, Mayor and council members. I did receive written communication. Nine Santa Ana residents and three residency not disclosed indicated that they do not want to let code enforcement violations slide. And then two Santa Ana resident, one non Santa Ana resident and one residency not disclosed indicated in their comment that they want to work with El Centro to come up with a solution. And we do have several public comments. And for those who have joined our meeting and would like to speak on closed session items

or closed session item on El Centro Cultura de Mexico, if you would please either dial star nine from your telephone or select the raise hand feature on your device.

Zoom ID. robinb at chapman.edu thank you you've success successfully unmuted yourself if you uh can state your name for the record and you have three minutes madam clerk can you hear me yes we could

hear you hi i'm mark rothman 2042 north ross street i'm a resident of santa anna specifically ward 3. i'll be very brief um mayor members of council i would encourage you uh to when you go closed session to vote to engage in an abatement action um you know i think that the residents certainly all of the city know what happened at civic center and with regard to the river trail when these encampments um even though i think that their goals are admirable uh that that when these encampments continue to grow they grow exponentially and in large measure they grow exponentially due to a lack of action by the city.

So we, I think I speak for a number in our neighborhood. We respectfully ask that the council engage the city attorney's office to take formal action in litigation and enforce our zoning code with regard to this use of this encampment. Thank you.

Thank you.

Caller with the last three numbers, 5-5-5, if you would please dial star nine to unmute your call or select the microphone icon on your device.

Thank you. You've successfully. Yes. Thank you for letting me talk. This is Rory Kirk from I live on in the Park Santiago neighborhood and I just heard Mark Rothenberg and I have to agree with him 100%, but I'd like to add to that the practice of different sets of rules for us has got to stop, whether it's the homeless or the illegals in the city and the state, the enforcement of rules on some and not others. This is wrong. Those of us that are abiding by the rules are paying for those that disregard the rule of law. And if you haven't noticed, this isn't setting

well with voters across the state by the recall of Newsom. And this is just wrong on every level. And lastly, why would the city ever consider something that would potentially set them up for a legal problem? Or as Mark said, this is encourages a problem to spread. And that's basically all I have to say. I would encourage you to nix this, abide by the law. That's what we have laws for. Thank you.

Thank you. Zoom ID, Benjamin Vasquez, if you would please select the unmute feature on your device. Thank you.

I'm Ben Benjamín Vázquez from El Centro Cultural de México, the property we're talking about. And we hear the voice of the second speaker, and he's talking about illegals and applying the same kind of knowledge that this racist attitude is going towards the homeless. That's exactly what's happened here. El Centro has been here for 25 years in Santana. We know the work we do year in and year out. During COVID, we have raised and given out $500,000 for community. We're going to give out another $500,000 for community. We've done food drives at our location. We have been working for solutions on how to fix this with accounting.

We were working on negotiating an MOU. We agreed to hire somebody to come in and find places for people and have a no-harm solution. This by no means is a long-term solution to be at a central. This is not what we practice. We are looking to work with the city. We were working with the city in good faith. and they decided to, after they said they wouldn't fine us no more, they gave us another fine. And then they led into this abatement process. This was unjust. We are working. We have been in talks with the mayor. We have been in talks with some of our city council members. And we

thank you for finding resources to find a solution for these problems. As Central was trying to find a Norham solution to these folks, we have seen them, but they were on the corner of Civic Center and flower and they got pushed into the into the flag quad then they got pushed into civic center then they got pushed into the riverbed and then and they ended up in our neighborhoods and everybody was worried what are they doing in our neighborhoods well they ended up in el centro and we want to put them in a safe place during covid there should be a safe way of handling this

and we could talk it out and have a meeting with the city manager to make sure we come up with a solution we're willing to have the conversation we were having conversations in good faith before this came up with the law firm that took this case on. It's just unnecessary. It is unnecessary, but thank you to those who wish to work in good faith and provide the services. I was out there today, and CityNet came out, and they didn't talk to all the homeless. They talked to whoever was their client, and they took one person to the Yale. It's not like you have the beds. It's not

like we have 500 beds. Come and take them up. It's not how it works with the CityNet people. They're going to take who wants to come. And when they come, it's not available to everybody. It's a little bit work on a time. It's going to take some time. We want to work with the city. We want to solve. We want to have a solution. We want a no-harm solution. And we're working with that. There's no need for the abatement. What it needs is to have, like, how do we have a humane response to this during COVID and have a place for these people to go? And it's not going to be El Centro eventually. 15 seconds. Thank you everybody.

I appreciate your time.

Thank you.

Caller with the last three numbers, 477. If you would please dial star nine. Thank you.

Yeah, Dale Helwig, Park Santiago. Good evening, Mayor, council members and city staff. You know better than most people in Santa Ana that the pandemic has put a strain on all inhabitants of the city. What has assisted in dealing with this situation are the rules provided to us by the federal, state, and local governments. The common base has been social distancing and the wearing a mask. When I drove past the Cultural Center in Camden last week, I saw none of that, no social distancing or mask. I believe the Quality of Life team has been up to this site, but by all accounts, it appears few have accepted

any of the assistance being offered. The Cultural Center is not a homeless shelter, nor should it be granted permission to act as one or as a camping site. Doing so will require the city to grant the same exceptions to all groups operating by the same or similar models or risk being sued for discrimination. Assistance is one thing. Setting up areas in the city that are not subject to basic health and safety rules is another. The city represents all residents and allowing a group of people to ignore the safety measures that are needed is unacceptable. If we are indeed all in this fight against COVID together,

then we all need to follow the rules, like it or not. If there is room at the Yale Street or the Lynx facilities, the Quality of Life team should assist in moving people into these facilities for the sake of all residents' personal health and safety. It is my understanding those locations are required to follow COVID protocols. The Cultural Center is in a tough spot. They understand both sides. They also know that by doing nothing, they are not helping the situation. Their website states, quote, in a moment like this, COVID, it's not possible, nor would it be responsible to think and talk of

reopening any part of the property for regular central activities, events, or classes, either in the space or in the parking lots. Since under present conditions, it is essential that people not meet anywhere other than from outside their households. As far as renters, all we can do is I strongly recommend that they maintain a sanitary protocol, at least as strict as the one we published in August. We know this is a harsh policy, but as the ones who have accepted the greatest responsibility for central's conduct as a public official entity, we have no choice but to respect and enforce quarantine until the danger is passed.

To do it any other way would be to invite tragedy, end quote. The city should provide relocation assistance and should not allow encampments like this to exist. It is not safe for the people without fixed abode nor for the surrounding community. To date, the city has done a great job providing food, lodging, and wraparound services for those in need. I encourage you to continue to do the right thing now by continuing to offer relocation assistance and wraparound services, as well as provide COVID protection for all of its residents. Thank you for your thoughtful consideration. Stay safe, stay healthy, and happy birthday, Jesse.

Sorry.

Thank you.

Caller with the last three numbers 388, please dial star six, I'm sorry, star six to unmute your call.

Thank you.

Good evening, Mayor and Council members. This is Mike Tardif, Santa Ana resident. Regarding the current illegal homeless encampment currently occupying the public parking area of El Centro Cultural de Mexico on Ross Street, please enforce Santa Ana City law and remove the unlawful homeless encampment. It is a danger to the public health and safety of residents and businesses in the area. Thank you.

Thank you. Zoom ID, Felicity Figueroa. If you can please select, thank you. You've successfully unmuted yourself.

Thanks so much. My name is Felicity Figueroa. I'm the chair of the Orange County Equality Coalition. And as one of the last speakers said, the city represents all residents. And so I was extremely surprised and very disheartened to hear about the fine that the city levied against the El Centro Cultural de Mexico as a result of their doing the work that you as a city should be doing, providing support and a place to stay to those Santa Ana residents who currently have neither. there are many individuals and some organizations that are endeavoring to alleviate the terrible

circumstances these unhoused residents are facing but they need a few months to assess and pace place people in programs and even better and quicker solution would be for the city of sanana itself to undertake the providing of motel rooms to everyone as most of those concerned already qualify for project room key in which case any outlay by the city would be reimbursed by the state. Unhoused people need to be supported, not criminalized. They need decent permanent housing options as well as health care and access to city services such as trash pickup, bathrooms,

and hand washing stations. A city like Santa Ana has the means to be that support. Apparently what it lacks is the will. Please prove me wrong. Enter into good faith conversations with El Centro, which I know many of you are already doing. Rescind the fines you've levied on them and and return the money you have taken from a group that is doing your work for you. It is the right and the humane thing to do as public servants and the community is counting on you to follow through. Thank you so much.

Thank you.

Caller with the last three numbers 388, please dial star six to unmute your call

or select the microphone icon on your device.

Hello, maybe good evening. Maybe placed on the open regular meeting public comments queue.

Oh, thank you. So I will go ahead and put you back on hold until that period opens. Thank you.

Zoom ID Darius Dagan, if you could please select. Thank you. You've successfully unmuted yourself.

Darius Stegen, Health and Health and Health. Darius Stegen, Health and Health and Health and Health. Good evening. My name is Darius Stegen and I'm a staff attorney at the Elder Law and Disability Rights Center in Santa Ana. I'd like to offer a comment regarding the El Centro Mexican Cultural Center, where homeless individuals, including some of our clients, have been occupying the parking lot. Despite the fact that congregate shelters pose serious health risks during this pandemic, particularly to those with underlying conditions, the police has sought to disperse the homeless individuals in the parking lot without providing

access to healthcare workers and clinicians. El Centro has also been cited multiple times by code enforcement with fines totaling $1,800. This local nonprofit should not be punished for taking a trauma-informed approach during an unprecedented pandemic. Rather than further contribute to the criminalization of poverty, the city should stop citing El Centro and place homeless individuals and non-congregate housing like the project room key and tool out programs there's currently access to state and federal funding for such programs and they should be prioritized over punitive

measures that render already vulnerable individuals even more precarious thank you very much

thank you

caller with the last three i'm sorry caller with zoom id carlos vidamontes

If you could please select, thank you. You've successfully admitted.

Hi, hello, thank you for accepting my call. The reason I'm calling is to speak regarding the $5

or $4 an hour premium pay, but I'm not sure if this is the appropriate time.

No, I will go ahead and thank you for your call. I'm gonna go ahead and put you back on mute. And when that period opens, we'll go ahead and unmute your call at that time. Thank you.

Caller with Zoom ID, Carlos Perea. If you would please, thank you. You've successfully unmuted yourself.

Thank you. Good afternoon, Mayor and members of the council. I'm calling today to raise my concerns on this action litigation that the city is considering to pursue against El Centro Cultural in a local nonprofit. I believe that this action that has been put forward to you by the city staff is not the appropriate one, nor is one that is seeking to find a humane, comprehensive solution to the situation that is happening in downtown Santa Ana. More importantly, I believe that el centro cultural members have also been entering good conversation, good fake conversations

with the mayor and some of the council members as well and to find solutions for the situation. And so it kind of doesn't make sense that at the same time, city staff is putting forward this harsh and punitive measure to hold a local nonprofit responsible for providing the services that all of know very well the county should be responsible for and doing their own part as well but of course we don't have that leadership in the county so i believe that we have great people here in santana trying to find solutions for the homeless situation um so please continue those good faith

conversations i believe that we can find good solutions but litigation again again against a non-profit local non-profit is not a good look in the city and also is not the right one or the correct one. So hopefully you reconsider this decision and we continue to find solutions together that are more humane and that acknowledge the dignity of humanity of folks that these folks that are in need. Thank you.

Thank you. Zoom ID Maria Manguilar.

Hi, good afternoon, everybody. My name is Maria, also with El Centro. And I just wanted to say that I'm also very saddened by the fact that the city is trying to do litigation with El Centro, a nonprofit cultural organization here in Santa Ana. As like a resident of Santa Ana since I was born and raised here, it's just difficult to see that we're finding a space that's helping or trying to bring different resources into the community because those people in our parking lot are also part of our community

so I just ask that the city reconsider and keep talking those good faith conversations and El Centro is taking different steps to try and do a harm reduction plan so that we can get some of the people the help that they need and out of central and we hope to continue working with the city and having um their assistance and not them keep fighting us so thank you very much

thank you for your call

zoom id pat davis if you would please select the microphone i thank you you've successfully

unmuted yourself. Good evening. My name is Pat Davis. I live in Anaheim, but I've been a long time volunteer advocate for the unhoused, and we know that Santa Ana has been through it all, and I'm most surprised by this approach when you have a community organization that has stepped up to do some really important service work, and your decision is to consider litigation, And I always love it when on the agenda, it says significant exposure to, and I have to think of the people I've met at El Centro, both those who are outside and those who are inside,

they have worked their butts off to provide services. I remember getting a call probably almost two months ago with the issue of trash. And I thought, well, how simple, San Diego said call them and ask for extra trash pickup, but much to my, yes.

much to my disappointment, nothing came about other than more harassment and a misunderstanding. And I'm glad there's some good faith work going on, but the idea that-The chair's going higher. Excuse me?

Auto things? Oh, I hate that. That is not from our-

I'm sorry, I pulled the chair out of the frame.

Do you have an option? You may continue.

Yeah. Goodness.

Anyway, I think that you're well aware of the process. And when this began, it would have been a very simple solution to move folks forward into that. All these are the same. Majority would qualify. We're trying to give it to the Chair that's taller. No, this one is actually taller. Oh, goodness.

Right, oh. Then it's just, it's going to go up. I'm sorry, is that not coming from your device?

No, it's not. I keep seeing a flash of a city staffer that must have sound on.

Sonia R. Carvalho

Jason Motsick keeps popping up.

No, it does go up. Anyway, I don't know what you can even hear, but you need to figure out a reasonable solution, and that's not litigation. We look to nonprofits in the private sector to solve problems that should have been cared for by this city. I commend those at El Centro. They have taken on and addressed the issues that so many people shy away from. And the narrative of fear and loathing is old. And Santa Ana should know better. So my ask is that you continue to provide whatever services.

I'm not shocked that CityNet showed up and took one person. the cherry picking that's going on for Yale is ridiculous. And the amount of folks who are getting in daily isn't happening. And those who've chosen to stay outside obviously have made those decisions because of the conditions that they know exist. So again, I deplore you to do the right thing, not only by El Centro, but by the folks that are out there. And again, Santa Ana has been a leader in many of these issues. So please, and sorry about the sound delay, but thank you for the time.

Thank you so much for your call.

Caller with the last three numbers, 530,

please dial star six to unmute your call or select the microphone icon.

Hello. Hi. Hi, my name is Angel Barnes and I live on Victoria Drive in Santa Ana. The Cultural Center de Mexico CCDM, I believe, is thumbing its nose at our city's code enforcement ordinances. And the grounds that COVID presents an aberrant situation does not constitute grounds for a variant so 40 homeless people can continue to pitch tents in their parking lot. And there's four reasons.

First of all, CCDM is neither equipped nor licensed to be a homeless shelter. It does not have the sanitation facilities for 40 people to be living on its premises. So they're availing themselves of neighboring yards and gardens as bathrooms in some instances. I know you would not like to be one of the surrounding homeowners. Secondly, those who may think that CCDM is opening their own commode to the homeless should read their own website.

It was updated just a few weeks ago in 2021, and it states that only three people at a time can be in the building apart from staff and cleaning crew, and that they must be masked at all times and socially distanced, and further, that no more than 10 people can be in its parking lot. And as we heard from Dale Helbig, the folks in that parking lot are not socially distanced nor masked.

Lastly, no one is asking the council to turn its back on the unhoused. All of them can be accommodated between our two excellent homeless shelters. The link on Red Hill Avenue is ADA accessible and serves homeless men, women, and families with minor children. It houses 200 beds, full bathroom facilities, and provides safe, clean housing so its residents can focus on transitioning into permanent housing and opportunities for employment.

I'm a retired judge, and U.S. District Judge David Carter publicly labeled the link as a role model for the whole state. Alternatively, the brand new Yale Center near Warner and Harbor has over 400 beds. It replaced the temporary shelter that we had in the former bus terminal downtown across the street from the courthouse. Okay, I'm told that some may actually decline an offer to either housing because they want a completely unsupervised existence,

which doesn't require sobriety nor abstinence from illegal drugs. You do not want to be known as the city council, which accommodated and enabled their lifestyle. Thank you so much for requesting our input.

Thank you.

Zoom ID, Marla Sanchez, if you would please select. Thank you. You've successfully unmuted yourself.

Good evening, everybody. My name is Marla and I actually live over by the riverbed. And so in our own area, we have seen encampments. And over the past several years, we've seen these encampments move from space to space to space. And the solution has never happened. We're still waiting for some kind of solution so that these encampments don't keep spreading. These people need help. and so far even the city itself with all of its resources and manpower hasn't been able to

to deal with the situation properly. And the Centro is a small volunteer run non-profit. I think that it's incredible and beautiful for us all to work together to try to find solutions that will actually help the city of Santa Ana to not have to keep pushing encampments from one neighborhood to another. I think that's great. I feel really disappointed to hear all these people citing code enforcement when we're not even enforcing codes around COVID protocol at shopping centers and targets and grocery stores. I see people going into the stores all the time with

masks and nobody wants to do anything about it. Why are we focusing this all on the houseless population? Why are we focusing this all on El Centro? Why don't we focus on a solution together? That's how we make our city better. That's how we stand up for our neighbors. That's how we make ourselves commendable. Please continue those talks with Centro and finding a true, humane, dignified solution to this situation. Thank you.

Thank you so much.

Zoom ID, Jeffrey Katz. If you would please thank you. You've successfully unmuted yourself.

Thank you very much. My name is Jeffrey Katz. I'm a proud member of Ward 3. I'm also a volunteer case manager with Second Chance OC, an organization which coordinates its efforts with the city of Santa Ana to address the houseless. So here we are finding ourselves in the middle of yet another true humanitarian crisis. And it's time to be honest with ourselves about why more and more people are living on the street and find the solutions to fix it. I know our city manager has embraced the following and it's important that our newly constituted Santa Ana City Council decide

That it's not acceptable to condone living outdoors in urban areas and it's not Compassionate to enable a brutal life found in ten cities It's not responsible to turn a blind eye to drug abuse And it's not humane to let people with severe mental illness wander the streets without effective treatment For the sake of my will or neighbors, I support the council's taken any necessary and appropriate legal action to address the encampment that has developed at El Centro. As a practicing attorney, I've dealt with the encampment outside the courthouse for too long.

It was not safe for the campers, and it certainly further hurt the image of our city as out-of-town lawyers and jurors and litigants beheld the calamity. I don't know the role that El Centro has in creating this encampment. If it is actively promoted it or if it's taking it upon itself to solve the house's problem on its own, it would seem that it is irresponsible and unfair to its neighbors and the city. If it is a victim of circumstance, we shouldn't be finding it, but rather helping. This is not where we should be, but here we are. So we must take the steps to make sure that this doesn't happen again.

Now, for the sake of the campers, I support our taking humane action, which does not have negative repercussions either on the houseless or on the residents of Santa Ana. That's not to say that we should shy away from appropriate legal action. I've witnessed in my own neighborhood the value of a well-planned legal action to tackle a code violation. And I say for the sake of that neighbor who was in code violation, it would have made things a lot easier to have the city taken legal action a decade ago and not simply issued citations. As we speak, I know Michael Sean Wright, who leads OC Wound Walk, is on site at El Centro

engaging in harm reduction, a humane way to address this humanitarian crisis. Michael and I have partnered to bring the same approach to Santiago Park, Santiago Creek and to 2525 Main Street, a property whose owner seems content to default the property to a dangerous encampment. I beseech our city council to support our harm reduction effort, both at El Centro and at Santiago Park. Perhaps this can be a model that would provide our city with one more arrow in its quiver. And for each council member who ran for office on a platform using her position to get other cities to do their fair share.

Now would seem to be the right time to prove you merit your seat on the dice. Thank you.

Thank you.

Zoom ID, Wound Walk OC, and Mayor and Council Members, this is the last caller.

If you would please select, thank you. You've successfully unmuted yourself.

Good evening, Mayor and City Council. Greetings from our beautiful cultural center, Santa Ana, where we are in the field practicing harm reduction. Part of the plan that we submitted to the mayor and Councilman Hernandez. And thank you, Jeffrey, and the folks who have surrounded the city with aid during these very difficult times. We have clinicians that are doing evals now to let us get some medical information back from the field. What are we dealing with out there? None of us want this here.

We are very grateful to the community who raised money to help us help El Centro increase the trash collection there. Our goal here is not to have people live out in the street, but get them some medical attention, whether that's addiction help, mental health care. And what we're asking is for the city to enter into good faith negotiations. And we're offering our services to mediate between El Centro and the city's attorney's office. And again, we're a very beautiful city, a very caring, compassionate people. and this is a difficult time and we want to increase

public safety and reduce and remove the harm from people living outside. Thank you.

Thank you. And I'm sorry, Mayor, it looks like one more that dropped earlier came back up. Caller with the last three numbers, 473. if you would please select the microphone icon.

Yes, hello.

Hi, thank you.

I wanna, first of all, mention a few things. The earlier comments regarding the shelters, with all due respect, Those shelters are at capacity for the most part, and they will not accept everyone. As one of the earlier individuals mentioned, a great deal of cherry picking goes on as to who goes in and who doesn't. Thank you to Shawn Michael Wright and Wound Walk for what they do to help save human lives.

And thank you to Cultural Center for recognizing that there are human beings suffering from abject poverty. And these people need help.

the idea that Santa Ana would even consider legal action is with all due respect abhorrent I recognize the idea that something has to be done Santa Ana has done quite a bit but that doesn't mean that the city's job is done as evident by the encampment

and or encampments that are within the city so when you decide we many of us are privileged to have a roof, to have a door and a window, when the privileged decide that those who are less privileged should be punished,

then you need to be replaced. The cultural center is doing what each and every one of us should be reaching out to do when we can and if we can, and that's to help our neighbor, to help the other person survive. We know that if we saw a stray dog or cat on the road, that we have resources to go grab that animal, take him to a shelter, and provide care.

and so just because we see human beings that are gathering together for safety reasons and a cultural center that's giving them giving them some a place to be is not criminal it is not unlawful it's what's called humanity

Please reevaluate your thinking and make the right decision. Thank you for your call. Thank you.

Okay, Mayor, that was the last call.

Great, thank you, Madam Clerk. And before we recess into closed session to consider the single item, I just wanted to ask Madam City Attorney if you'll please clarify with me. The reason why we're going into a conference on this potential litigation isn't that we're filing anything. It's because we know that Ed Centro has an attorney and has counsel representing them. So that's why it's labeled as significant exposure to the city for potential litigation. So we are not the moving party or the movement on this.

If anything, I think those discussions included attorneys from El Centro, which is fine, but that's what allowed us to be able to bring this so we could address this and come to some solution. But this isn't significant exposure to El Centro for litigation. This is because there was counsel on the other side. And when there is counsel on the other side, we have to label it that way and it has to go into confidential conversations with city staff. so those of you who are misreading this item i just wanted to clarify madam city attorney anything

Sonia R. Carvalho

further you want to we received a letter from an attorney who has threatened litigation against us and we'll go into a closed session to discuss that great thank you for that and with that i

want to wish uh council member lopez uh happy birthday i had no idea i would have brought cake had that been the case and sent it out but uh we'll do it next time we'll do it a brand for the next birthday so uh we're recessed in a closed session everybody everybody i guess just wait until the room is cleared

Thank you.

Great. Thank you, Madam Clerk. And so we are back from closed session just for the public some information. We did not have any deliberation on the matter because it's going to be more involved and we wanted to be respectful of the public's time. So we are going to open up and discuss the matters in regular open meeting that are before us, and then go back and reconvene in closed session so we could have a thorough discussion on the single item that's before us and closed. So let me go ahead and call the regular open meeting for March 2nd, 2021 of the Santa Ana City Council to order.

Let me go ahead and just read the opening comments and I'll go ahead and turn it over to the clerk so she can call roll. but in accordance with California governor's executive order and dash 25 dash 20 regarding the Brown acting guidance from the California department of public health on gatherings. This meeting is taking place entirely via zoom. The council chambers are closed. The public is accessing the meeting via the Santa Ana YouTube channel or the city's website, the council members, and I, along with the city manager, the city attorney, the city clerk and members of the executive team are all in different

locations. And once again, please bear with us. If there are any technical difficulties, I think we're getting better at this. So, um, with that said, I hope everybody is doing well. Um, everybody is safe. Let me go ahead and turn it over to the clerk so she can call

roll of the city council. Council member Becerra. Here. Council member Hernandez. Here. Council member Lopez. Here. Council member Mendoza.

Council member Fan. Here. Mayor Potempeñalosa.

And Mayor Sarmiento.

Here. Thank you, Madam Clerk.

this is the time and place for any members of the public to address the city council I'll go ahead and turn it over to you madam clerk so you can go ahead and invite people to make comments I just wanted to say something because I was talking with a few of my counterparts in other cities and I guess what they do in other cities they don't even have a public comment section you know people send in mail and sometimes it's red sometimes it's not so I guess I just want commend all of you my colleagues the staff and especially the clerk that goes through so much

effort to make sure that our public is heard that their comments are received and done in a very you know real-time way given these you know COVID restrictions so I was just kind of startled and unsettled by you know how many cities just don't even go through any of this not even anything been close. So thank you, Madam city manager, city attorney, and city clerk for doing everything that you can to allow our public to participate with us. So with that, Madam clerk, go ahead.

Thank you, mayor and council members for the public. If you want to make any comments during during this time, please dial star nine to request to speak from your phone or virtually raise your hand from Zoom. Please do not call or Zoom to only listen to the meeting. Meetings are broadcast live on Spectrum Channel 3 and AT&T U-verse Channel 99 or at youtube.com forward slash Santa Anna library.

And with that, we do have

those who want to speak.

Caller with the last three numbers, 388, please dial star nine, I'm sorry, star six, excuse me, or select the microphone icon. Thank you.

Thank you, you may proceed with your comment.

Caller with the last three numbers, 388, you've successfully unmuted yourself.

Good evening, honorable mayor and members of the council. My name is Tania Castaneda, municipal manager of Republic services. It's a privilege to introduce myself to you. Regarding agenda item 31, we commend you for the formation of a solid waste ad hoc committee and for the incredible opportunity to work with the city on a world-class agreement that honors your values.

Thai Viet Phan

I'd like to recap five values and highlights of a partnership with Republic Services.

One, access to the best infrastructure and best capability. Our local recycling center in Anaheim is one of the largest recycling facilities in North America and has capacity to process all the city's needs, such as solid waste, recycling, and organics. We ask that you confirm our capacity along with the other haulers' capacity with your consultant. It should never be a mystery where your waste is going. Similarly, building new solid waste facilities takes years of CEQA permitting and further destroys the conservation of green spaces and parks. Number two, union strong.

As a Fortune 500 company and as testified by the Teamsters at the last meeting, Republic is only one of two union companies that bid. Our union support proves our commitment to the equitable treatment of our workers, of which 90% are Latino and immigrants. Number three, environmental leadership. Our promise of sustainability is seen by our actions to invest in electric trash vehicles and help them preserve the city and its green spaces. Number four, community first. We're proud to be actively engaged in the community, not just because we work here, but because we live here.

77 of our employees currently live in Santana and are proud to offer the city a local hire initiative. Our operations manager previously worked on Santa Ana's solid waste operations and knows the city exceptionally well. And last but not least, number five, second lowest overall bid. Republic has the second overall lowest bid. Our pricing paired with our capability, infrastructure, labor values make us the best partner for the city in every aspect of this bid. In conclusion, we welcome you to tour a local recycling center in Anaheim, and we are proud

to offer the city the best infrastructure, capacity, labor relations, the best environmental footprint, and second overall lowest bid. Together, we can achieve your vision for sustainable and equitable Santa Ana. Thank you.

Thank you. Thank you.

Caller with the last three numbers, 679. Please dial the microphone icon on your device or select star six. Thank you.

Hi, greetings. Greetings council, mayor. My name's Adam Overton and I'm a faith rooted organizer with CLU, clergy and lady, United for Economic Justice in Orange County.

We're here to wholeheartedly support the passage of agenda item number three tonight, the hazard pay ordinance for our amazing grocery workers. Since the beginning of the pandemic, our heroic grocery workers have been on the front lines, risking the health and lives of them and their families in order to keep us fed and nourished. Meanwhile, large grocery corporations have reaped record-setting pandemic profits and failed to acknowledge the immeasurable sacrifices of their own employees. We owe it to our grocery workers to get them to hazard pay they so truly deserve. We're very grateful that the city of Santa Ana

is considering this measure and considering taking a lead in this righteous issue. This ordinance will give other cities the courage to pass dignified ordinance as well. And I apologize, I think I misread the item numbers, agenda item 30. But yes, but thank you so much for standing with us and grocery workers tonight.

Thank you. Zoom ID, Victor Mendez. Please select the microphone icon. Thank you. Okay. Can you hear me? Yes, we could hear you.

Okay. Real quick. Thank you, Mayor, for pointing out. I do believe, also concur, that Santa Ana is kind of leading the way in this COVID environment for public participation. We're light years ahead of the county and other cities. I will note that it is more than appropriate for a person from the community to ask a question of the mayor or any other member of council. The ACLU has also confirmed that. I think it's a good idea as long as it's proper decorum and with the goal for better participation. So please consider that when someone asks a thoughtful, intelligent question, it's okay to give a thoughtful, intelligent response.

I just think it's going to improve things and we keep things proper and order, but I do know it's more than within our rights to ask the council a question and it'd be good if the council responds. So nonetheless, thank you for all the work that's been done and a little kudos to our citizens who are having to endure this technology and have been more than patient with the council and staff during this process. So please don't forget your citizens next time, Mayor. A few other comments regarding the prison that was mentioned by Councilman Lopez a couple of weeks ago. My campaign during my election did steady that issue.

And I think it's very appropriate that we look at that from a cost benefit. But please do not forget the productivity involved, because if we don't have that jail, when Santa Ana police arrest a person, it probably takes about three to four hours off their beat to go to the sheriff. And as long as we have this type of population, these types of numbers, I think it's more than appropriate. So once the debt is retired, you can look at it again. But for now, please understand there's a huge productivity issue when police officers have to go to the jail in the county, or just having to put them at the local jail.

It saves several hours of time to make sure our police officers are on the street protecting everybody, or just doing paperwork. On the SAVE program, I did complete one, and it's a very complex application. So thank you, Council Member Penelosa for pointing this out. It takes about, you know, probably a grade 14 or 15 to do it, considering that 67% of the Santa Ana residents have high school or less. It's really tough. A very hard question, such as prove you're lost during COVID. You know, I can do it. I think others can, but I just don't think it's Santa Ana sensitive. And it takes about 30 bucks to prepare.

That's about a two-inch document when everything's said and done. and I'm still waiting for my response quite frankly. And I thought it would taken five days, but please keep on that document is very complex. I'd be happy to help out where I can. If we do a webinar, I got some ideas that can help facilitate applications, but it's a very complex undertaking. Council member Hernandez, I'm sorry to get ahold of you, but I just want to point out from my last-Seconds left. What I recollected is that there is a Columbus monument in front of the library.

so you might want to check into that lastly give me some rope here 15 seconds more i applaud the staff for on their lap for losing local businesses on item number 22 and um and for recognizing that there is no four dealerships in item 16. i knew that all along i was just waiting for staff to finally be sensitive enough to my comments over time to say what what's the truth and be as forthright as you can with the council in terms of local businesses and divided 30 just reduce our improve our roads, reduce street traffic, and cut down on speeders. And I guarantee that'll be a huge improvement

toward our global warming here in Santa Ana. Very simple. This is not the Paris Accord. I think you do a lot with what you have today, but I do wish you well in this endeavor. Thank you for your patience and understanding, Mr. Mayor and council member Hernandez and other council members. And like I said, we appreciate your support and look forward to work with you again. Thank you.

Thank you. Zoom ID Frank, if you would please select the microphone icon on your device.

Zoom ID Frank, if you would please select the microphone icon, thank you. You may proceed.

First of all, I'd like to compliment everybody on the city council and myself, giving the opportunity to be the chairperson to the cultural arts for Santa Ana. It is a challenging time for a city that has invested so much in the arts and going back all the way up to 20 years myself and hope that we have the support of creating a city that values art and values the infusion of capital and investment and opportunity that art brings to our city. I think art connects us not only to everybody and the opportunity that we're doing, but it also connects us to the world where we could create a city

that's connected to many parts of the world, especially Latin America, and let it be art that becomes this dish that does that. So I have a challenge and we have a new group of people and I look forward to it for your support and going forward. Thank you.

Thank you so much. Caller with the last three numbers, 047. Please dial star six to unmute your call or select the microphone icon. Thank you.

Hi, good evening. My name is Shawna and I work at Rite Aid. I'm a supervisor in downtown Santa Ana, and I'm speaking on item number 30. We've been working since day one of this pandemic on the front lines, risking our health and safety while all of the bound essential employees get to work from the safety of their home. We as store employees have kept this company running day in and day out. We more than have earned hazard pay. I as a shift supervisor had to do almost all store manager duties without any compensation while my store was down, four employees who tested positive for COVID-19 for almost two weeks

was zero help from my district or corporate office. Even though I'm considered higher risk of contracting COVID-19, I still have to work to pay my bills. I'm a single mom of three who also cares for my father who is recently in remission from cancer. We should have been receiving hazard pay since day one. We are the ones in contact with the public who oftentimes don't wear a mask and we are not allowed to ask them to. Rite Aid has sent out multiple emails stating that we cannot require our customers to wear masks even though the governor issued a mask mandate and

stay-at-home order. These are folks who come within six feet of us who could possibly be asymptomatic or even COVID positive. We have limited staff as it is and have no way of enforcing crowd control. Rite Aid and all of the other drug retailers have never closed during this time and has increased their profits substantially during this pandemic and we the store employees are the main reason we have earned hazard pay we are the ones keeping the stores open and running in the community specifically at my location there is a large house with population and we are also right

across from the jail the city of santa anna is one of the cities that leads the county in positive of COVID-19 cases. I am calling on the city of Santa Ana to please support hazard pay. Thank you.

Thank you.

Zoom ID, Marlon Cendejas, if you can please select the microphone icon on your device. Thank you.

You may proceed with your comment.

Thank you. Good evening, everybody. This is my first time doing this, so I apologize if I make any mistakes.

I really wanted to call in and comment about the homeless situation in our city. More specifically, North Ross Street. I didn't know exactly where that was, so I took a drive yesterday.

and come to find out it's right around the corner from El Sol. I have a nephew going to El Sol. Now I'm really concerned about him, but not only him, all the schools around that area. And when you have homeless that start capping out just about everywhere, it is a safety issue. I would hate to see and think about the kids walking home from school and bumping into needles and feces and all of that. So I really think something needs to be done about it.

I do believe and I ask you to enforce code enforcement. There's laws and no one is above the law. Nobody should break the laws. So these homeless people, they really need a specific place to be at. And from what I've heard, I don't know how true this is, but I've just heard that they don't want to follow rules in the homeless shelters. And that's a big issue. Nobody, again, like I said, is above the law. They must follow rules. They must follow regulations within these shelters. They do need help. And I don't want to sound insensitive, but it's a big issue.

I used to work for Santa Ana PD, more specific Santa Ana City Jail. So I know what the homeless people are capable of because I dealt with it myself. Once again, I'm just speaking for all the children, by all means. Council members, Mayor, I don't know if any of you live in Santa Ana, but please, please do the best you can in order for Santa Ana City to thrive, to be a safe place, please, I ask you, something needs to be done about it. There's the homeless just go about their business and they leave trash. They don't even, of course, they won't pick up after themselves.

So it's a big issue. And I really wanted to be here today. I thank you for your time. But please, you work for the city of Santa Ana. So please help us deal with this. There's got to be a solution somewhere, somehow. now. Now I heard Centro Cultural on Broadway. I saw somewhere there. They have a GoFundMe page. They're trying to raise $300,000. Exactly what that money is for. I'm not sure whether it's for the Centro Cultural or to help the homeless. But please, council members and Mayor, I ask for your help. Thank you.

Zoom ID, Jennifer Ward, if you can please select the microphone icon on your device.

Good evening. Thank you. Good evening, honorable Mayor and members of the City Council. My name is Jennifer Ward and I'm the Senior Vice President of Government Affairs and Advocacy for the Orange County Business Council. And on behalf of OCBC, I must express that, that while we're very empathetic and understand the intention of item 30, we have been a strong advocate for economic relief during the challenges of this pandemic, we must express our opposition to the proposed premium pay ordinance tonight. Unfortunately, this ordinance could instead

result in some of the issues it's intended to prevent and result in financial harm to EMPLOYERS ALREADY WORKING HARD TO PROTECT WORKERS AND STAY OPEN TO PROVIDE THESE ESSENTIAL NEEDS TO THE COMMUNITY AND ULTIMATELY COULD IMPACT NEGATIVELY CONSUMERS AND RESIDENTS WITH HIGHER COSTS AT THE WORST POSSIBLE TIME. SO I WANTED TO SHARE THAT. WE STRONGLY ENCOURAGE THE CITY COUNCIL TO INSTEAD CONSIDER WORKING WITH YOUR BUSINESS COMMUNITY TO FULLY EXAMINE THE ECONOMIC IMPACTS OF SUCH DECISION AND DETERMINE WAYS TO THAT WE CAN SUPPORT BOTH

the employers and the local businesses as well as the workers through the ongoing challenges of this pandemic. So I urge you to reconsider and vote no on the ordinance as presented.

Thank you. Thank you for your call. Zoom ID, Carlos Viramontes, if you would please select the microphone icon on your device. Thank you.

Good evening, honorable mayor and members of the city council. My name is Carlos Viramontes and I represent the Latino Food Industry Association, a nonprofit organization established in 2015 to represent the interests of the greater Latino community by focusing on the food industry. Our mission is to promote, educate, and advocate on on behalf of the Latino food industry. This includes farm workers, food manufacturers, suppliers, distributors, vendors, restaurants, and retailers. We have approximately 1,500 members, most of whom are independently owned establishments. Not all are Latino owned, but all serve Latino consumers.

They hire from and are active in the communities that they serve and are responsive to countless requests to receive they receive from non-profit community-based organizations. They support scholarship programs, local schools, public parks, and countless other community-friendly causes. They were proactive in providing protective personal equipment to their employees and were the first to install shields at their cash registers and to employ the CDC guidelines to protect both employees and shoppers. Many have unilaterally established their own versions of hazard pay to their frontline employees.

In addition, many have subsidized their grocery store workers by giving them as much as 20% discounts on their grocery purchases, something none of the national chains offer. In short, we stand against forcing additional premium pay penalties on our member retailers when so many other frontline employees from other industries are not included in this ordinance, including city and state frontline employees. Retailers simply cannot afford to absorb this additional cost without passing it along to consumers, which brings us back full circle to the fact

that we also represent the greater interest of Latino consumers who would have to pay for the increased premium pay by way of higher grocery bills. There was a study done by the Brookings Institute that has been used to mischaracterize the profitability of the retail grocery business. It focused on the 13 largest retailers in the country, where it alleged that retailers had raked in billions in extra profits due to the panic shopping at the beginning of the pandemic. I want to stress that none of the so-called facts apply to our member stores, many of whom

actually made less money in 2020 than in 2019. They are for the most part independently owned and operated and whose profit margins remain in the one and a half percent range which has always been the case. In many cases these independently owned grocery stores filled the void left by those corporate owned grocery chains who were unwilling or unable to adapt them to growing communities to our growing communities food needs. This caused food deserts in many areas urban areas in Southern California, including Santa Ana. Many of our members risked everything to convert those empty

buildings into marketplaces where our communities could buy fresh produce, cuts of fresh meat, and the leading domestic and international brands of merchandise that they prefer. If you are inclined to continue with this ordinance, please at a minimum give credit to those who have independently increased the compensation to grocery workers. And please, we ask that you make the credit defect of January 1, 2021. So as not to penalize those who have done the right thing. We ask that you vote against this ordinance. Thank you for the opportunity to speak today.

Thank you.

Caller with the last three numbers 097, if you would please dial star six or select the microphone icon

to unmute your call. Good evening everyone my name is Victor Rosa and I'm calling item number 30. I'm working for Purpholis for the last 24 years and I work in the city of Santana right now. I'm a warehouse clerk since pandemic hit in March 2020 we are super busy risking our life with this deadly virus could endanger my life and my family's life, especially when crop control is not allowed at the stores. On the other hand, I need to keep working. I'm the only income in my house. So I think getting the hazard pay back will help me and all my coworkers.

Because I guarantee you, the company make millions in problems since the pandemic is done. So I will appreciate if you guys support us to get the hazard pay. Thank you so much for your time.

Madam Clerk.

Jessie Lopez

Yes.

Let me interrupt the public comments just for a minute. Cause I realized I skipped over like a whole segment of our meeting before going to public comments. So if you can, if you can, if we can hold the comments and abeyance until we get through a couple of these items, if you can bring us back to screen.

Great. Thanks. Thank you, Madam Clerk. So there's a few things that we need to take care of before we actually finish up our public comments, just so we are respectful to Pastor Tommy Cota, who's going to be doing the invocation. And I think we may have a couple of presentations before we actually finish up our public comments. And let's go ahead and do those and get back to our comments. I think we have a robust list after this anyway. So why don't I go ahead and begin with the Pledge of Allegiance. So I'll ask everybody to go ahead and repeat

after me. And if there's a flag nearby, please stand and put your right hand over your heart and follow me. I pledge of 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.

Thank you, everybody.

Next is going to be an invocation that's going to be given to us by Pastor Tommy Cota. And Tommy, if you're on the line, please let us know the name of your congregation. I know I've met you several times. I know you know many of the council members, but welcome and please, please go ahead.

I'm mute. Hello, Mr. Mayor. Thank you. I want to make sure that everyone hear me. We can hear you. Okay, great. Great. Yes, I'd love I'd love to pray now. dear father we thank you so much for this time and lord as we humble ourselves before you and your sovereignty and your and you being creator of all things we ask that you would now just impart your grace your mercy and your wisdom from above lord i thank you so much for our mayor

and for all the city council members and all the other entities within this great city of santa Adam and father we pray lord that you encourage all of our hearts now lord and we thank you god that as we humble ourselves before you lord that you we trust that you would give us all the wisdom that is needed lord for all the decisions that are before the council and the mayor and god we pray we also think of our police department we pray lord god that you would show them favor and and give them great insight and wisdom as well. And Father, one of the biggest things that we pray Lord is for unity, great city of Santa Ana.

Lord, that you would continue to do a great work in the city of Santa Ana, an example to other cities around Lord, of a city that is united and seeking the betterment of one another. Lord, we desire to bring glory and honor to you. And it's in your son, our Lord,

Amen. Thank you, Pastor Cota. Thank you for your wise words and you're welcome to come and join us anytime. We appreciate that. Thank you. Let's go ahead and move along and my apologies to the members of the public who are waiting to speak. You would have had to have waited anyways. We just took care of a few who in advance, but let's get back to the ceremonial presentation. Cause I think we also do have some other presentations from some other agencies as well. And that way we can get them to take care of their business and we can move on. So the next item is the proclamation presented by council member

Becerra naming March is used art month. So council member Becerra, I'll go ahead and turn it over to you.

Phil BacerraItem 2

and also my arts and culture commissioner. Along with her is Dr. Lopez Guerra, Director of Community Relations for SAUSD, and Walter Scott, Youth Arts Leader for SAUSD. They believe that the arts aren't just a nicety, rather they are a necessity to redefining excellence in education and the full development of our children, who are the next generation of leaders and innovators. With well-planned instruction and activities in the arts, children can develop initiative, creative ability, self-expression, thinking skills, and heightened appreciation of beauty and cross-cultural understanding. Today, on behalf of the City of Santa Ana,

Phil BacerraItem 2

I would like to present you with this proclamation, declaring March's Youth Art Month here in Santa Ana. We encourage the community to celebrate the arts with meaningful student activities and programs that demonstrate learning and understanding in both visual and performing arts. Thank you for making the arts such a prominent and valued component of our youth's curriculum and helping to ensure a culturally enriched future here in the Golden City.

Thank you so much, Council Member Becerra. And on behalf of our youth and the city and the community, we thank you so much and the city council and the city of Santa Ana for your support of our youth and their connection to the arts, which we know, as you just mentioned, is a vital part of their well-rounded education. and thank you very much for this honor that you've bestowed upon us and for the support. And I invite everybody to celebrate with us the kickoff to youth arts month, which is Boca de Oro March 5th through 7th. Please sign up at bocadeoro.org. Thank you.

Thank you, council member Becerra. And yeah, everybody tune into that Boca de Oro. It's going to be great. It's been great in the past and I know they're going to do a great job virtually this time as well. The next certificate of recognition is presented by council member Lope, excuse me, Mendoza to Birdwell Beach Riches for their outstanding contributions to the community. So council member Mendoza.

Thank you, mayor Sarmiento. Yes, it is my honor today to award a certificate of outstanding contributions to the community. and this is presented to Birdwell Beach Bridges and Rahej Dugal, president of Birdwell Beach Bridges is present and also Matt Jacobson who is the chairman. In 1961, Carrie Birdwell Mann transformed her small Southern California home into a sewing room and store,

which launched the Birdwell Beach Bridges. And it was right here in Santa Ana. Birdwell was a pioneer in the development of surf trunks and the establishment of the surf apparel industry, a true original. In 2014, a group of longtime customers, surfers, and admirers of the brand, led by Matt Jacobson, purchased Birdwell from the family. The current leadership team sees themselves as stewards of the brand that they've admired and worn for so long. They are still headquartered right here in our beautiful Santa Ana, in the same factory that the family operated since the 1960s.

Celebrating their 60th anniversary on March 6, 2021, Birdwell has offered quality products to the community that has lasted generations. Starting off in the living room of founder Carrie Birdwell-Mann to now being sold internationally, Birdwell Beach Bridges is a true example of success. We would like to congratulate Birdwell on 60 successful years and thank them for being part of the Santa Ana business community.

I would like to ask the president Rahesh Dugal to be unmuted by our city clerk so that he may make a few comments. And on the screen you see Ms. Birdwell there in the original home where the factory began 60 years ago. Mr. Rahesh, are you present?

Yes, I am. Sorry, I couldn't get the button unmuted. I just wanted to say thank you on behalf of the Birdwell team for this recognition. We are very, very proud to be based in Santa Ana and very proud to have been here for 60 years and looking forward to continuing to to develop our history going forward with Santa Ana in the future as well. We're proud to be here. We're proud to be part of the success story of Santa Ana as well. I also wanna hand over the mic to our chairman, Matthew Jacobson, for him to say a few words as well.

Yes, hi. Thank you so much, council member Mendoza and the city council and mayor. I'm so honored to receive the accommodation from the city today. We're proud members of the city of Santa Ana. I'm a third generation Southern Californian and to have a business in Southern California makes me very proud. It's thriving. Our factory is on the same street, still on South Wright Street where we were in the early 1960s. And when you fly into Orange County Airport, we're in the flight path and you see a 75 foot birdie, our mascot on the roof, welcoming people to Santa Ana. So thank you again. We wanna be able to give back to the community.

We've been listening to the call today and Rajesh and I spoke earlier and we're going to commit 1% of our profits to homelessness and wanna be sure and be helpful for the city of Santa Ana as well. We love the impassioned people who called in earlier and put themselves, made themselves vulnerable, spoke their mind to support those who have less than others. So thank you so much.

Council member Mendoza.

Does that conclude it?

Yes, that concludes it. And we just want to let Birdwell know that we absolutely appreciate their loyalty and their commitment to our residents and the contribution of the 1% to our, for us to resolve homelessness issues. Thank you both for appearing today virtually and your certificate of appreciation will be sent in the mail to be proudly displayed at your headquarters. Thank you so much for all you do for the city of Santa Ana.

Thank you council member. And thank you Rajesh and Matt, man, And I'm just impressed that the council member and all of us could say Birdwell beach britches. That's not easy, especially if we had to say it more than once. So thank you both for everything you do and for that generous contribution. Let me now turn it over to council member Lopez and council member Hernandez to present Tish Leon with a certificate of recognition.

Jessie LopezItem 4

Thank you, mayor. Good evening, everyone. I met Tish Leon through the work she does in our community as an advocate for our senior citizen population. TISH is someone who can, within a snap of a finger, help identify the needs of our seniors, whether it comes to medical needs, financial or emotional support, legal needs. TISH has always been a true advocate for our senior citizen community. And I think that sometimes when, as we get older, it can feel like we become invisible. But Tish has really strived to build those bridges between young people and our seniors

Jessie LopezItem 4

for the benefit of our community. And Tish has been involved for over a decade. And throughout all of those years, she's been a part of Parks and Rec, serving as a commissioner, the Housing and Redevelopment Commission. Tish was appointed to the Senior Citizen Advisory Council, which works with the Orange County Board of Supervisors to an extent, and she's been on different steering committees. And I wanna make time for Tish DeLeon to have a couple of minutes to say something, and also for Council Member Hernandez to recognize her. So Council Member.

Johnathan Ryan HernandezItem 4

Thank you, Council Member Lopez. And I just wanna thank my colleague for taking the time to build community with this resident. As she echoed, she's been a diligent advocate in Santa Ana for well over a decade. And part of what makes her work impactful is that recently she was appointed to the Orange County Senior Citizen Advisory Council in 2018, and she still presently serves on that committee. And on that committee, she's had the ability to help us connect resources and programs to our seniors here in the city of Santa Ana. She has worked with many organizations, volunteered for a multitude of events throughout the years,

Johnathan Ryan HernandezItem 4

and her most recent efforts have been working with the Asian American Senior Service to aid their efforts in providing vaccinations to their clientele. We would like to thank you, Tish. With volunteers like you in our community, Santa Ana can continue to flourish and be successful in all of its endeavors. Thank you. Today we celebrate you.

Jessie LopezItem 4

Thank you, Council Member. So, you know, Daisy, if you can unmute Tish so she can have the opportunity to speak for herself, that would be great.

Can you hear me?

Jessie LopezItem 4

Yes.

Okay, great. Thank you both for this honor. You know, I do everything that I do, not for the recognition, but just because I feel it's just my purpose in life to do what I can. And, you know, I've lived here in Santa Ana for, gosh, over 20 years, and I've become a Santanera at heart. And so it's really going to be hard to move back home to San Diego, which is going to be happening very soon.

But I'm going to be closer to family. And I'm also going to, once I settle down there and get grounded, I'm going to start my advocacy down in Lakeside. That's where I'm going to be moving to. but I want to thank you I want to you know really stress that people continue advocating for our viejitos of Santa Ana because if we don't no one will and you're going to be there one day and you're going to wish that you had done all the groundwork to to get these services for

for yourself. So thank you again. And I'm really honored for this recognition.

Jessie LopezItem 4

Thank you, Tish. I hope that wherever you go, you remember that you truly did help change the way that young people like myself think about the issues that impact our seniors. So thank you

for everything that you've done. Thank you, Kelsey. May I say a few words? Sure, absolutely. Thank you. Yeah, I've known Tish for many, many years. We went through some growing pains together here with the city council, and she had even run for city council years past. And so Tish is full of spit and fire. She is just passionate about the issue she believes in. and for that we truly thank her thank her for all her efforts all her volunteers all her volunteer

time and she actually recruited many of her girlfriends for many of these events and it was truly a pleasure to serve and to help the community by her side and we know we hate to see her go but it's understandable that we need to be close to family at certain times and I want to assure you Tish that our viejitos will not be forgotten. I'm on the Orange County Senior Citizen Advisory Committee and I will be sure and be looking you up for some advice on the issues that are

occurring here in Santa Ana. So with much appreciation and I wish you luck and much happiness and be safe in your fabulous city with your family. Thank you, Tish, appreciate it.

Great. Thank you, Council Member Mendoza. Thank you, Council Member Lopez and Hernandez for, you know, recognizing Tisch and her work. We could go on and on. There's a lot of Tish stories. Tish and I actually started as city commissioners many, many years ago when we had something called the Redevelopment and Housing Commission. That's when redevelopment still existed. But Tish, we're going to miss you. You've done a lot of great work here. San Diego benefits from our loss, but you're right up the Fry Freeway. So you're not far. So hopefully you'll come in and

check in on us when you get a chance. So thank you, council members for that presentation. Let me move along to the closed session report, which we don't have anything to report out because we are going to be reconvening for that item. On the staff presentations, let me take a few of these are actually one of these out of order. I'll have the COVID-19 update by the city manager to follow the other two presentations. And let me begin with the Orange County Mosquito and Vector Control District presentation now so we can go ahead and make sure we hear that first. Thank you, Mr. Mayor and council members.

If I can share my screen, I just have a brief PowerPoint to talk about our services.

So my name is Laura Young. I'm the Director of Communications here at Orange County Mosquito and Vector Control District, and I do appreciate the time you've allocated at your meeting for me to speak. I'm really going to focus on mosquitoes today, although I do want to provide just a brief background of what the district is. We are founded in 1947. We're an independent special district. It's governed by the California Health and Safety Code. And we do serve all of Orange County, all 3.2 million residents. We're governed by a 35-member board, one city-appointed representative. Your representative is Cecilia Aguanaga.

And then one county at large. We have an annual budget of $15.5 million for this fiscal year. focusing on mosquitoes as we're entering mosquito season I'm really going to focus on these three specific mosquitoes because they are more urban mosquitoes we have over 27 different mosquitoes in Orange County but these are the ones that are really impacting the residents of Santa Ana and other cities where they live and where they're enjoying life so we have our QLX mosquito or southern house mosquito that's our prominent vector of the West Nile virus and we do have of West Nile virus activity in the county every year.

And then we have our two A.V.S. mosquitoes, which are newer mosquitoes that have come into the county as of 2015. And these are the ones that are really impacting the quality of life of residents. They're very aggressive day biters. So I'm gonna break these down into two different sections so we can talk about them. For West Nile virus, it's important to know we are a public health agency. And our first and primary goal is to that any commission of mosquito or vector-borne diseases to the residents of Orange County. West Nile virus is endemic into the county which means that we have cases every year and we find

positive mosquito samples every year. Last year was a moderate year for us for West Nile virus. We had 284 West Nile virus positive mosquito samples, nine West Nile virus human cases, and 38 birds that tested positive for West Nile virus. In Santa Ana, we had again moderate activity with 12 West Nile virus positive mosquitoes. No human cases, luckily in Santa Ana, but two birds that tested positive for West Nile virus. Throughout the county, you can see from 2004 in our, all our timelines for West Nile virus start in 2004 because that's when the virus

came into the county and became endemic into the county. You can see in 2014 and 15, we had really high West Nile virus years. Those are our epidemic years and we've spent the years after that trying to prevent WP of 2014 and 2015 and we've had some moderate activity for West Nile virus human cases in 2019 and 2020. We spent some time researching where we're seeing prominent activity and really the activity we found in the county was what we call high risk nine cities which are in the northern

hemisphere of the county and you can see it's santa anna anaheim floraton orange garden grove huntington beach tustin mahabara and boynett park the reason these cities are at the highest risk is partly because they have older infrastructure they have a higher density of urbanization they have a lower grade so less sloping where in South County you have more hills more sloping and so there's there's a multitude of reasons why there's more activity in these areas but what we did once we found that information is we set up a surveillance grid and during our

mosquito seasons we can have up to 100 to 200 traps or mosquito surveillance traps out in the counting per week to find out where the mosquitoes are, the abundance of mosquitoes, and if there's any West Nile virus activity within our mosquitoes. So what you see is just a brief sample of how we're trapping in those high-risk areas. So we have at least one trap dedicated for 0.4 square miles of an area. And once that trap goes positive, we activate surrounding traps. So at any point, you can have nine additional traps in that area. This helps us identify where the increased risk is. So to give you an example of 2020,

you can see the risk really focused in the Fullerton and Boyna Park area. And that's just our labeling mechanism for our grid. So it's important to note that we do extensive surveillance within those high risk areas to make sure that we're monitoring if there's any increased risk in mosquito burden diseases and we can take action. And those actions really equate to our integrated vector management program, which is an early intervention. And that includes setting advisory notices throughout the community, doing social media outreach, working with the city staff to make sure residents are aware if there's

West Nile virus activity, increasing our treatment of any mosquito breeding sources that are known, as well as having our inspectors go out and look for unknown sources so that we can reduce those sources and like I mentioned increasing our surveillance. Once those are all established and if we don't see a reduction in mosquito-borne disease or West Nile virus activity, we can escalate to an emergency response which can equate to either adult mosquito control or increasing staffing as well and you can see that picture at the bottom right hand of that corner

and that's our adult mosquito control that's our adult side trip going out last year in the cities of Buena Park and Fullerton.

So switching gears, I do want to talk about the invasive Aedes mosquitoes, which are the black and white mosquitoes that residents of Santa Ana are really being impacted by. They came into the county in 2015, as I mentioned, and they have been spreading throughout the county pretty rapidly. So you can see in 2015, we had a few areas of confirmed cases. 2016, a slight increase. 2017, we had an even more significant increase, almost a doubling of the square miles. 2018, again, another doubling. And then 2019 and 2020, we anticipate these are all the confirmed cases.

We anticipate there's more areas that we have not confirmed these mosquitoes, but are actually prevalent in the neighborhoods. And the challenge with these mosquitoes is they prefer to breed in backyards and small sources. So anything as small as a flower pot saucer, a tablespoon of water can equate to a breeding source for these mosquitoes. And a lot of our resources go to educating our residents and empowering them to take care of their properties and maintain their properties so that these mosquitoes don't have an opportunity to become adults.

The other challenge with these mosquitoes is that their eggs are viable in dry conditions, so they do not need water to start their life cycle. They'll lay their eggs where water once was, waiting for that water container to fill up again, and their eggs can be available up to two years. And that's how they have roughly spread by people distributing plants or flower cuttings or flower pots, and then having these mosquitoes spread. Once they do have water, they can take up to seven days in warm conditions for their eggs to develop into larvae, pupae, and then a biting adult.

So these are just some examples of their eggs and how tiny they are and how challenging it is to identify those sources. These mosquitoes, it's important to note that that's their survival technique and the fact that they lay their eggs in multiple containers at one time so that if one water source disappears, they do have some eggs in another water source. So it's important to note that there are differences between our typical Culex mosquito versus our Aedes mosquito. So our Culex mosquito prefers our large sources that people are typically aware of, which are out of service swimming pools, big fountains, gutters,

underground storm drains, or our Aedes mosquito prefers those really small sources that are equated with neighborhoods. Our Culex mosquito prefers to bite during dusk and dawn. They actually prefer to bite birds, we're sort of the incidental hosts for them, where our Aedes mosquitoes prefer to bite mammals. So they will bite people and they'll bite aggressively. They'll bite multiple times in one city. And then mosquitoes will take about one egg to go from or one week to go from egg to adult. Our Achilles mosquitoes prefer to stay outdoors. Our Aedes

mosquitoes can breed indoors and actually spend their whole life cycle indoors if there is a water source and the food source for them but they can be either indoors or outdoors inside their homes

so it's just important to know as these 80s mosquitoes have spread we have seen an increase in service requests or calls for service from residents not only in Santa Ana but throughout the county these are just the numbers from 2020 we didn't see any decrease in services due to COVID. We actually have seen a slight increase of services as people are spending more time at home and they haven't had other areas to go, so they want to enjoy their backyards. And unfortunately, they could not because they had these aggressive day biters with them. So Santa Ana does have a

higher population, so we do see higher numbers of service requests, but nothing out of the ordinary.

I wanted to highlight some areas in talking to our inspectors where we do see high mosquito trap counts as well as West Nile virus activity as well as where in the neighborhoods are really getting the call. So that's just a quick snapshot on the box of where we're getting our service calls. They're pretty much spread out throughout all of Santa Ana. The key areas are 17th and Wright, Edinger and Flower and around the Civic Center. Where we're getting our high mosquito counts are 21st and Milana and then Birch Park and Fairhaven and Santa to Anna's Cemetery and we typically have West Nile virus activity in all three of those areas

every year.

I do want to switch gears a little bit because we did see an increase in calls and requests for information not only from city staff, but from residents on rats. And the reason is there was this perceived notion that there was an increase in rat activities in 2020. And we didn't see any drastic increase in service requests for rats, But it was important to know as people spent more time at home, they did see more rats in their backyard. Many people started home gardens, vegetable gardens, put out bird seeds and whatnot to enjoy their backyards. And those are all rat attractants.

So for controlling rats, our district relies on an education-based and integrated vector management program, which includes reducing the attractants for rats, which means reducing food availability. So pet food, improper composting, vegetable gardens for trees, bird seeds, snails, and then also decreasing the habitat availability. So any overgrown trees, shrubs, plants, or access to homes or other structural areas, and then decreasing water availability. So water fountains that are bird baths, they can all be water sources for rats to have water as well.

So it's important to note that residents did have this perceived notion of increased rat activity within our community. And we did come out and do inspections for those areas or provided some resources for them. But really the key to reducing rats in the community is reducing these three different components and then doing snap traps. We do not do bait stations or any more genocide because we found it's ineffective if there's still food source or habitat source there. And then lastly, I just want to talk about how we have been working together with the city of Santa Ana, how we can continue to do so.

So we've actually built our partnership with the city of Santa Ana. We work with the public works department as well as the city manager's office and helping get the district's message and within newsletters, within the city manager's newsletter, as well as other avenues and sharing social media. So I'd advise you as council members, if you do not follow us on social media, just do so so that you can keep your constituents advice of what's going on. Once COVID is over and you start having those community events, we're happy to come out. We have an 18-foot mosquito that's inflatable.

And we always enjoy coming out and seeing the residents. And then as well as helping to create that awareness with the residents that it is a shared responsibility for vector control. It's not just give us a call and we'll help you. residents do need to maintain their properties, they need to remove those water sources and where EPA registered repellents to help prevent that. And then importantly, talk to their neighbors and make sure they're holding others accountable as well for mosquito control. With that, I'm available for any questions. I do want to note that we do have two community presentations coming up

in the city of Santa Ana. We have one on March 23rd at 6 p.m. That's an English presentation. And then on March 30th at 6 p.m., that's a Spanish based presentation. And we've been working with council member Lucas's office to coordinate those.

Great. Thank you for that presentation, Laura. That was a lot of information and very valuable information. Thank you for that. Let me bring it back to the council. If somebody will go ahead and close the screen, I can go ahead and see if there are any questions from any members. Anybody on the council wish to make a comment or ask anything of Laura?

Laura, it looks like you were very thorough. I don't see any hands or hear anybody. But thank you for everything you guys do. I didn't realize you guys changed your name. It used to be just the Orange County vector control. I guess it's now Orange County mosquito and vector control. And the only thing I would mention is, is I know when the spraying takes place and we have a, you know, we have a great representative in Cecilia Aguinaga. But to the extent that, you know, the notices to residents in the area that are going to be, you know, sprayed sometimes always is helpful to give, you know, maybe, you know, 24 to 48

hours notice. I know a lot of times there's families with children and they want to have them inside when the spraying occurs. And that's always helpful. You guys have been working with us really well on that. So we appreciate that in advance. So thank you. And if you have any further questions that come up, city staff has my contact information and our district manager, Rick Howard's contact information. So we're happy to answer any questions. Excellent. Thanks, Laura. Let me go ahead and move along to the next item. That's the national fitness campaign presentation. I believe Trent Mathias will be presenting that.

Yes, Mayor Sarmiento, members of the City Council. My name is Lisa Rudolph, Executive Director of Parks, Recreation and Community Services. And just briefly, and we'll make this a quick presentation. We have a national fitness campaign presentation and our city really is committed to free health and fitness options to our community through the installation of the five fitness course that we just installed at Jerome, El Salvador, Del High Cabrillo and Rosita Parks. And these fitness courts make it easy for people to feel better about themselves through exercise

and have definitely helped us build a better, stronger community, especially in this time that we all cope with the pandemic. And then later on in your agenda, you will have an item to adopt a resolution accepting three additional grants that will install three more courts, fitness courts at Thornton, Lilly King, and Heritage Parks. And so I would like to introduce Trent Mathias. He is the director of the National Fitness Campaign, and he will share his screen and provide a presentation. Thank you.

Fantastic. Thank you, Lisa, and sincerely appreciate the time that everyone's dedicated to learning a little bit more about the campaign. As Lisa mentioned, my name is Trent Mathias, director with the program, and we're quite excited to be sharing just a status update on our leading partnership with Santa Ana.

And so the slides we'll review today go just over the key aspects of the partnership. We'll spend a few minutes. We know your time is valuable and leave a few times for questions.

So I wanted to just start by recognizing the wonderful work that the city is doing in this program, which is now expanding to close to 200 cities at the end of this year. We awarded the city of Santa Ana our 2020 Healthy Infrastructure Award in Leadership. and this is due to the density of free outdoor fitness programs that are now being built through our partnership throughout the city. And so we've been honored to award nearly a quarter million dollars so far to supporting this partnership and effort across the city. And we've just had tremendous support from the entire Parks and Recreation team to adopt

a strategic plan and begin to implement this program, which is designed to bring free wellness practices to the entire community.

Very quickly, just a little bit about us and the campaign. We're a San Francisco based social enterprise and consulting firm. Our goal is to change the built environment to improve and impact quality of life and make the healthy choice the easy choice for folks everywhere across the country. Over the last few years since we began our work in Santa Ana, the program's expanded to hundreds of cities and we have tremendous partners that are growing, building funding and folks who are interested in improving access to wellness infrastructure around America.

Just a few updates. I know we have a few new council members, a little bit about the program. So the initiative is a holistic wellness program based around a modern, beautiful, free outdoor gym called the Fitness Court. We've been working on this for quite some time. You may remember the old wooden pull-up bars that are still out there in some of the parks and trails around America. And we helped build about 10,000 of these in our previous campaign back in the 1980s and 90s. So the new program is fully activated. It works for adults of all ages and ability levels,

is supported by a digital ecosystem that's completely free. And so what we're working to do here is break down barriers and bring a very cost-effective solution that supports residents and building a healthy community in Santa Ana. The program does go beyond the infrastructure. So we're proud as part of this partnership that we can deliver ongoing professional training for not only recreation staff, but local folks in the community. We also work to get the story out there. And I know that we're planning as we get around the corner with some of the health restrictions, hopefully, fingers crossed later on this year,

early next, we'll be able to celebrate this unique leading partnership by bringing the NFC founder, Mitch Menagin, to Santa Ana and planning to really get the word out in the community.

One of the things we're most excited about with this program as it evolves in Santa Ana is the ability to bring a culture aspect to this as well. So a lot of our leading initiatives, we're working with cities like you folks to implement those around the country. This particular one brings a mural initiative to the fitness courts and so we're going to be working with the team to develop I think some local artists and invite them to participate in this program. The idea is both inspiration for movement by providing access and getting folks excited and inspired by world-class art opportunities in the community as well.

And so part of the discussion today is just to provide a brief update on our strategic plan. Our team is comprised of urban planners and consultants that assist cities interested in improving quality of life through the built environment and implementing these sorts of programs. And so over the last few years, we've been collaborating with the team to identify a strategic plan based on data and analytics for how we can create health impact in the city. A few of the items we'll share here include data on pedestrian movement. So we're starting to study where current behavior is occurring.

So this particular map looks at running, biking, and jogging activity in the form of a heat map. So we can understand heavy activity corridors and also activity deserts to look at this from an equity perspective. We also take a look at the current general plan and any strategic plans to ensure that this type of program is aligned with the values. Of course, here, healthy living is the priority with this program, and we see that coming through with health and equity in the Santa Ana core values. One of the key things I know that Lisa and the team have been working on in Santa Ana is increasing access and increasing park space.

So part of this program is to take a holistic look at equity and think about how we can, you know, serve folks better in the community. So we've looked at the level of service need. We've gotten a deep understanding of your residents in the city. And we've also analyzed physical infrastructure from the park network to the trail system to this very interesting layer of current movement, anonymous movement data to understand where and how we can have the best impact. So the work at the campaign has included, again, socioeconomic analysis of population density,

equity and income distribution, as well as the distribution of your council wards to ensure that we're approaching this program from a long-term equity perspective. So the result of all this work and continued collaboration with the team is a strategic plan that identifies locations for sites, if you will, for impact. We have a walkability study that's been included here. And the goal is to really bring Santa Ana into a median impact density for this initiative, which is typically around one fitness court for every 30,000 residents.

So once you reach that threshold in our research, we'll begin to break down barriers and really support folks to live an active lifestyle. And so here we've got just the status of the program. We're extremely proud, as was mentioned previously, that five fitness courts are now open across the city. We have identified funding to support the next three sites, and we're looking to hopefully support those in this campaign cycle in 2021. We actually have the capacity to continue the program if it succeeds and hopefully allocate additional funding to this leading partnership.

I know one of the other unique things we're up to is building the first fitness court studio in America, which is a concept that brings services that are included typically in an indoor recreation center outside. So world-class music, spaces and outdoor rooms for recreation programs and classes, all anchored around the fitness court, which is a very unique place-making opportunity. And we think a very cost-effective way to bring access to wellness activity for residents in the community.

So with that, that's the information we wanted to share. We certainly appreciate being forwarded with time to speak to you folks, Mayor and Council, and are looking forward to continue having fun in Santa Ana and making world-class fitness free. and I know I want to open it up for a few questions at this time. Thank you very much.

Thanks Trent and let me bring it back to the council. Thank you Lisa, Director Rudloff as well for bringing that to us. Anybody on the council have any questions or comments for either Trent or

Johnathan Ryan HernandezItem 4

Lisa? Council member Hernandez. Thank you Mayor Sarmiento. I just wanted to Thank you, Trent, for your presentation. I'm a big health advocate. I know that this is going to be something that a lot of our residents are going to benefit from. And it's a conversation that is something that we have to prioritize because we have a lot of young people and there's always questions surrounding the cost of joining a gym, right? So this provides a very direct solution. I just had one comment. I would love to see it be more

Johnathan Ryan HernandezItem 4

inclusive of people with disabilities. Perhaps we can include some ADA accessible equipment for folks that are in can interact with their arms perhaps. I know that there's a need there too, and I would love to see us help folks with disabilities have access to this equipment.

Absolutely. And I think one of the things we're working to do with the platform is continuing to provide programming that adapts and supports people with every ability to participate. And so we'll be happy to continue to look at that, develop programs, tools, and maybe even alterations as we proceed to make sure we're providing all those service needs. Thank you, Trent. Of course. And council member Hernandez, Mayor Pro Tem said he can do more pushups than you. So you might want to get out there and start, you know, then we'll have a competition.

Johnathan Ryan HernandezItem 4

I think we'll have to do it on video for council and just make it a presentation.

Count me down for a hundred.

Oh man, those are fighting words. All right. Well, thank you, everybody. Thank you, Lisa. Thank you, Trent. You know, thank you, council member Hernandez for that. my you know my wife is an ADA attorney so you took the words right out of my mouth to the extent to the extent we make these things accessible to all members of our community I think it's a it's a great thing it's great use of space and and as you said it's kind of bringing the indoor gym outdoors which I which I love the concept of so let me move along to the next item the last

presentation by staff is the update the COVID-19 update by city manager city manager it's all yours

Thank you, Mayor.

All right. I believe you can see it now.

not yet not yet okay

city manager just vanished into the flags

I'm sorry sir give me one second here sure sure

I'm the one who skipped over a whole chunk of the meeting so yeah we'll get we'll cut you some slacks because you know the technology is interrupting here so

but we'll blame that one on the mayor pro tem he's supposed to remind me of those things man I think

you was asleep at the wheel in defense of myself i want to say i have daniel in my office who is a whiz and he's even having a hard time there there you are we can see it okay thank you my apologies honorable mayor mayor pro tem and council members this is my standing covet update tonight i want to talk about a snapshot of where we are with our covet numbers and then spend a little time talking about the health equity metric and then of course the ever important vaccinations and then just a brief highlight the assistance programs that we still have in place for our residents and our

businesses so how are we looking today so our orange county cases today this is updated as of today are approaching 247 000. santa ana cases are 44 000 or basically 18 percent of the total county's positive cases a desk to date are nearly 4 000 within our county and in santa ana it's 702 which represents about 17 of the deaths within orange county the orange county positive test

rate right now is 3.9 percent while the orange county health equity quartile positivity rate is five and i'm going to talk a little bit more about that so you can understand what exactly that means health equity covid19 has highlighted the existing inequities in health such as the unequal distribution of and access to health care resources covid19 disproportionately affects california's low-income latino black and pacific islander communities as well as essential workers such as those in health care grocery and cleaning services to address these disparities the state

of california created a requirement for counties with population over 106 000 and higher which of course is orange county and put the burden on the counties to create targeted equity investment plans. These targeted equity investment plans are to outline how the county, who in most places in California is responsible for and funding public health for the cities, plan to invest resources to the disproportionately impacted residents of that county. The Center for Disease Control defines health equity basically as just attaining the highest level of health for all people,

which means addressing inequities in the unequal distribution of and access to health care resources. So in California, we use a healthy place index to calculate what the health equity metric is. The health equity metrics utilizes positive test rates for communities that are identified from the healthy places index as census tracts that have less healthy community conditions. They measure about 25 different indicators. Several of the categories are visible for you on the screen. And then what this metrics would do is it would take the average seven-day positive

test rate from all the census tracts in Orange County that meet the health equity metrics.

The next slide just depicts the index from the California Healthy Places. So the darker blue the area is, that is the more disproportionately impacted community on dark blue, whereas on the other end of the scale, your dark green is where some of the healthiest areas are in the county. And the reason that they identify these census tracts and do these calculations is the state guidelines will not allow a county to move to a less restrictive tier if the positivity rate in the community falls far behind the county's positivity rates.

So there's a tracking mechanism to ensure that for the disadvantaged communities, there can't be that significant of a gap between the positive rate of cases in the entire county when in comparison to these communities. So in the state of California, you've probably heard a lot about the blueprint for a safer economy. So currently the state has four different tiers and based on what tier you're in is what applies the restrictions to what types of businesses can be open. So right now the county of Orange is in tier one, which is also known as purple. So that means that we've had above seven daily new cases.

We've had above 8% positive test and then the health equity quartile kicks in at the next tier. currently for orange county there has been improvement made in the numbers so for our daily new cases which would have to drop below seven to go into tier two the red the county is currently at 7.6 so almost meeting that criteria to drop down to red then on the positive test side it would need to be below eight percent and currently with the last tracking the county of oranges

positive test is at 3.9 percent so it's actually reflective of the orange tier for the county of orange and then when you go to the health equity to go down to any other tier it would have to be below eight percent and in the county of orange it is currently at five percent so once again you can see that in the positive test and in the health equity quartile the county of orange meets tier three or the orange tier however due to our daily new cases exceeding the seven

we will still remain in the purple tier if we drop the number below 7.6 below the seven percent then within a couple weeks the county could move us to the whole county would move to tier two red there has been some discussion and you might have heard in the news that the governor could be contemplating even making changes which would advance county's movements through the different tiers for us the big difference between the purple and the red tier is that there are additional types of businesses that could be opened in the red tier at 25 capacity and the businesses that

were already open under the purple tier could actually increase their capacity

so while we don't receive an allocation of vaccines we have been doing a number of programs to help ensure that we're addressing the health equity so one of in addition to the requirements imposed by the county on the county of orange we have tried really hard to assist in this area As you know, we've been very proactive and with the CARES money, we've done a lot of work. And now more specifically, what we are doing is we have, we're funding, this was based on leadership and direction from the council. We have five different testing locations. So we're ensuring that our community can still have access to test.

So we know the impact of COVID. We are currently preparing staffing that will go over to the Santa Ana College vaccination site in our city so that we can ensure that at the check-in desk there are individuals that speak both spanish and vietnamese we continue to have new rental assistance programs small business assistance programs i shared with you the last time some of the data modeling that we're using that we procured from uci we're currently working with outreach with uci to try to do campaigns to help overcome vaccine hesitancy which is a real issue within our city and then more importantly we

are helping because for the county testing sites there's one app that you need to use to schedule an appointment and we have heard that there has been a lot of frustrations at ease of that app so at all of our testing locations as well as availability of other staff we are helping residents walk through and sign up for athena and most recently we did have some great news today is with our partnerships particularly with memorial care where we are going to be rolling out vaccine site in our city we will be able to have access to athena so we will actually be able to

register people to make it even easier to secure those vaccine appointments and moving right into vaccinations currently in our county there has been a total of 426 000 vaccines administered so we have the number of people that have received the first dose and then those that have received both the first and the second doses to give you an idea of the number of people that have received at least one dose a breakdown by race and ethnicity you can see that the large

majority of those that have received their vaccination are white and the next most important would be 12 percent of hispanics have received at least one dose of the vaccination

this next map I found very interesting because it shows for the cities the number of 65 and plus that live in those city what percent of them have actually been vaccinated so I know it's probably a little bit hard to read but you can see that where Santa Ana falls it's a brighter blue which indicates that only 15 to 30 percent of our individuals that are 65 or plus have been vaccinated the darker the colors would indicate a greater portion of the populations of the other

cities that have received vaccinations to date so currently just as of this week they did expand who is eligible to receive a vaccination originally the vaccinations were individuals needed to be 65 and older or health care workers that was known as phase 1a and this week they have opened up phase 1b so that means that individuals such as educators food service workers are also eligible to receive vaccinations

so how to get vaccinated we have a lot more information on our website as well with the different locations but if you're in orange county the county does use the othena app So you need to go to www.othena.com to make an appointment. And then for individuals that might not be eligible, but they'd like to be notified when they are, the California state government does use a different app, and you can sign up for that at myturn.ca.gov. For vaccination sites in Santa Ana, the Santa Ana College, Unfortunately, it was closed temporarily because of a supply shortage with the vaccines.

It is scheduled to be back open tomorrow, and it will run from Wednesday through Sunday 8 to 5, and those appointments are scheduled through Othena, and you do have to have an appointment before you can get vaccinated there. In addition to the great work of Latino Health Access, they are continuing to focus on 65 and older and they are doing vaccinations at various school campuses throughout the city and to access any of those vaccinations to make an appointment because as well you need an

appointment you can call Latino Health Access at 714-805-7838. So we are the next newest vaccination sites in Santa Ana we're partnering with Memorial Care and they are going to be doing a pop-up at our Southwest Senior Center from Friday March 12 through Sunday and vaccinations are only available by appointment so I urge individuals to not show up unless you have secured an appointment and the residents for these appointments will be able to register directly through the city and they won't have to go through the Othena app so very shortly you will see on our website

all the information as to how to go about securing those appointments and we're excited to reach out and partner with memorial care and they are just waiting for their vaccine supply so that we can kick it off on march 12th then just very briefly as we know there are still a lot of residents that need assistance and small business assistance we do have the santa anna saves program is continuing this is for residents that are impacted by covid19 who are behind on rent and facing eviction they can apply for up to 12 months rent and receive free legal and mediation services

so for all the details if you're looking for that type of a program you can go to www.santana.org slash saves or you can just pick up the phone make it easy and call 714-667-2256 On the business front, we do have a number of business programs that are still available to businesses and employers. I won't read all of them. You can see them. Most exciting is a small business incentive grant, which is a one-time $5,000 grant to businesses that have five or fewer employees. and to find out information about these, you can go to the same website as before,

www.santana-ana.org backslash COVID-19. So I know I covered quite a bit, I had to try to move quickly, but I'd be more than happy to answer any questions you may have.

Thank you, Madam city manager. Let me go ahead and bring it back to the council. That was a lot of information, but thank you for that presentation. you condensed a lot of it into a short period of time. So let me, I know I have some comments, more importantly than questions, but anybody else on the council have any questions or comments for the city manager? All right, seeing none. Let me go ahead and just ask a couple of things. Maybe others will have some questions after that. Madam Finney-Manager, you said that

in Orange County, 426,000 people have been vaccinated already. Do we know of that number,

how many of those were Santa Ana residents? No, sir. The only information I could find was on the 65, the map that I put up that indicated in Santa Ana individuals, 65 and older fell within the percentage of being 50 to 30 percent vaccinated. But that's something I certainly could work through the EOC to try to determine that information. You know, that'd be

helpful just because I think, you know, I'm, I don't know what adjectives to use. I'm pretty alarmed that, you know, there are vaccination sites and vaccine coming to the county, but very little has come to Santa Ana. And it's just, I, I think it's so upsetting. I don't understand the logic because I think if anything, the logic should have been, let's take the vaccine and the relief where, you know, the conditions are the worst. Right. And so we had obviously the highest positivity, you know, case rate, we had, you know, you know, the highest

death rate, all these other conditions that make your health equity or make the health equity metrics just glaringly poor and dismal, right? So this feeds into the stereotype that people of color, low-income people, literally people in Santa Ana, who are the most impacted are the ones who are most abandoned in this effort. And so I'm talking about not just the county, I'm talking about the federal and state, you know, relief efforts as well. It is very, very, you know, disappointing that not, you know, that folks at all levels that represent Santa Ana, both at the

federal, state and county level should be screaming at the top of their lungs, like we all should be saying, why have we been ignored? Right. And so I'm just compelling us because I've been contacted by school board members, trustees from Rancho Santiago, and others saying, what is going on? You know, while Santa Ana College was open for two or three days, it shuts down while other sites remain open and other sites are being open while our small pod site remains closed. So, you know, there's something very wrong going on here, you know, and so I think for residents that rely on

our leadership and our voice to represent them and provide them relief. And I think we've done it when we've had the resources, but we simply don't have direct allocation to the vaccine or else we'd be putting them in people's arms as quickly as we could get our hands on them. I know that. But we unfortunately are dependent on these other agencies like the county, like the state, and like the federal government to bring those here. And for our advocates, for our representatives at all levels not to be joining us and saying, you know, what is it that we can do to bring these

here to you? It really is disheartening. It feels like we are all alone. And I just have to say this memorial care relationship was because we have a former council member whose wife works for memorial care. And we just got to talking and, you know, we try to put our heads together, But it shouldn't work that way. It shouldn't be because somebody knows somebody who's working at a hospital who says, you know, we take pity on Santa Ana because they're not getting anything. You know, let's help them. That's not the way things should operate.

It shouldn't be, you know, Council Member Peñalosa going to Albertson saying, look, they're putting out, you know, a vaccine there. How can we help them? That's not the way government at all levels should be functioning when it comes to lives. Right. And when this is all over, we have to take inventory of who stepped up and helped our city and our residents, because those 700 plus deaths, their families, their people that we know. Look, they're going to be very, very I would be very angry. I am very angry because these there is direct responsibility from people who said nothing and did nothing during this time.

So, look, I'm kind of going off a little bit. I'm passionate because we, you know, we just haven't seen much movement and we see movement in other places. I hear, you know, La Habra gets a pop up site because somebody says we need one there. We see, you know, a third large massive site being advocated for Anaheim and no disrespect to them. But look, nothing in Santa Ana. That should make us all very, very worried. and going forward, look, I know the vaccine is going to get here originally or, you know, eventually, and our challenge will be logistically, how do we get them in arms? I think we'll be able

to meet that challenge, but the sequence of the way this occurred is so upsetting, right? We should have been the first community at least to receive a proportionate share and hasn't been that way. So so it's it's unfortunate, you know, but look, I know there's a letter being drafted right now because counterparts of ours from the school from the school board and from Rancho Santiago said, how can we help?

So I know all of us here on this council want to hear our voices, you know, join together and and look, basically plea with people, which is what we're left to do, which is so sad. But that's the position that we're in. So in any event, that's enough going on for me because you guys will see hopefully a draft of a letter and hopefully all of us can sign on and we can compel those who represent our mutual constituents to maybe join us and help our residents. And that's simply all we're asking is for you to please take compassion for our residents who are struggling. So in any event, that's all I have.

if there's anything else from anybody but seeing none, I'll go ahead and bring it back to, I guess, where we were initially on the public comment. So, so Madam City Attorney, you got all that. And I think you'll be circulating a letter to the rest of the council so we can go ahead and review it, sign off and send it off to the other to our counterparts at the school district and Rancho as well. In any event, you know, what I wanted to mention on the public comments, I know Madam Clerk, I interrupted her because I forgot this section of it, but I want to remind

the public that they have to register and be in the queue to address the council before 6 p.m. because we just can't leave it wide open or else we'll never finish. And that is also not fair to those who have business before the council and who are waiting. So, uh, Madam clerk, did you say you, uh, that's in our website that says, and it, um, you know, it'll, it advises everybody that they have to sign up before six to address the council. And I think that's fair. As I was saying, we, you know, we're one of the few cities that gives a robust effort to, uh, let everybody be

heard, but we can't, you know, open it up indefinitely. There has to be some cutoff. So, So is that correct that everybody has to be signed up before six in order to address the council?

Yes, mayor. And in accordance with this council procedures calls, it does stay on the website that calls will not be accepted after the public comment session has begun. And this line was actually open since 4.30 PM. But as the mayor stated, the caller should be in line by on the line by 6 PM to provide comments on any regular session items.

Excellent, so going forward, let's go ahead and make sure we enforce that. I think it's fair. I think those who want to speak, we'll make sure they get themselves in the queue and we'll definitely make sure we listen to everybody. So let's get ourselves back on track. And I think Madam Clerk, we had some additional public comments, people that wanted to address the council. So I'll go ahead and turn it over to you.

Thank you, Mayor, members of the council. So callers that have already provided their comment, that I'm sorry, callers that have not already provided their comment and would like to request to speak, please dial star nine from your phone or virtually raise your hand from Zoom.

Caller with the last three numbers, 872.

Please select, oh, thank you. You've successfully unmuted yourself.

Hello? Yes, hi. You may proceed with your comment. Please state your name. Thank you. Yes, my name is Ray Diaz. Good evening, Honorable City Council and Honorable Mayor. Let me just start off by saying I'd like to commend Mayor Chaudi-Mentzel for the words that he just spoke. And it's so refreshing to hear our mayor standing up for our community and really having a voice for us. And I really do appreciate those words that you just mentioned earlier. And as the youth commissioner representing Board 5, I'd like to offer my services if you need any assistance in any of those endeavors.

But thanks again for what you stated earlier, for that passionate speech. And we completely agree with you in standing up for Santaneros and Santaneras, who believe we deserve a fair share of vaccinations here in Orange County. Now, I'm here to speak on item 30, the ordinance establishing premium pay for grocery workers and retail pharmacy workers. I'd like to start off by stating that I am well aware that all of you are familiar with the data and the so-called financial risks that come with this item. However, when you have surrounding cities in our county overwhelmingly approving such ordinance, it starts to beg the question

on who you're really protecting. Is it the hardworking class essential worker who not only puts their health at risk, but also the health of their families at home? Or is it the corporate executives who refuse to properly compensate their employees and provide them with a living wage? I ask this because for too long now, it has seemed as if we are purposefully ignoring and disregarding the sacrifices and risks that grocery slash retail pharmacy workers have made throughout this pandemic. Now, let me remind the folks tuning in today that our city hasn't necessarily been the safest environment to work in for over the past year.

That being that Santa Ana has consistently held its position in the number of COVID-19 related cases and deaths. Out of all the industries that shut down, please remember the ones that stayed open for you, the consumer. Because of this, store revenues have surged. Food for Less, Northgate, and Big Saver are the three grocery stores that my family and I can say we consistently shop at. And every time we walk through those doors, we are always welcomed by the warmth and kindness of each employee. Whether we're just going into Bison Tortillas or the Guay Weekly Mandados, employees there never seem to disappoint.

Always with a smile and with the music playing in the background. Y'all know what I'm talking about. yet it's heartbreaking to know that through those smiles, it's fear every time they clock in, not knowing if they'll contract the deadly virus. And so this council gathers today with this question on the table. In the Unified Food and Commercial Workers Union, approximately 90 union members from Santa Ana have contracted the virus. Equity and economic justice are at the heart of this ordinance. So I urge all of you to vote in in favor of item 30 and I'll leave you all this. The next time you go out to buy groceries,

remember today and remember how you voted and remember who you chose to stand up for. Thank you.

Thank you. Caller with the last three numbers, 531, please dial star six to unmute your call or select the microphone icon on your device.

Thank you. You successfully unmuted yourself. Please announce your name for the record.

Caller with the last three numbers, 531. You've successfully unmuted yourself. If you would please.

Can you hear me now?

Yes, I can hear you now. Thank you.

Good evening, Mayor and Council members. My name is Arminda Mendoza. I am here to speak on number 30, the hazard pay ordinance. I have worked for CVS for 23 years due to the circumstances. We are working in this pandemic. I believe my company can pay us an increase in temporary pay. We have some customers that don't follow the mask mandate. While most people are at home, we're at our stores doing our job and helping sick people with products and medication. It's a job that I never thought would put me at such danger. But I'm a single mom going to work was the only option. I had because I needed to provide pay for food and rent.

These companies can afford to give back and show appreciation for all the work, all the risks we have taken. I ask for you to please consider passing the ordinance. Thank you for your time.

Thank you. Zoom ID Nathan Taft, if you can please select. Thank you. You've successfully unmuted your call.

Hi, Mayor and council members. I'm calling in today in support of item number 32 introduced by council member Lopez, by the way, happy birthday. And this item is regarding passing a climate emergency here in Santa Ana. And I think that's a really important thing that we here in the city should do.

It's not just about our climate. It's also about our health and safety. It's very important to me because we continue to expand fossil fuels, build new gas stations, hook up our homes to fracked gas and things of the like. It's very concerning to me both in terms of our climate and also the health and safety of the people who live here. There were recent studies that came out that showed that folks with gas stoves in their homes had a 42% increased link to asthma symptoms, which is just terrifying.

And so I would really encourage the council and the mayor to start the process of passing a climate emergency that brings our city in line with the Safe Cities movement, which is a movement of cities using local health and safety laws to limit the growth of new fossil fuel infrastructure and also to endorse the fossil fuel non-proliferation treaty which is a global treaty and if Santa Ana was able to do this they would be the first in the U.S. actually to endorse it which would be amazing and I think it would show that this that our community cares about the

climate crisis and cares about moving us off of fossil fuels onto a clean energy economy in a way that supports that doesn't leave communities behind it does so in a just way and and takes care of implementing environmental justice reforms. Thank you for your time.

Thank you. Caller with the last three numbers, 477. Please dial star six to unmute your call.

Thank you.

Yeah, Dale Helbig, Park Santiago neighborhood, Ward 3. First off, I'd like to thank Lisa Rudolph and Ron Ono for getting item 19 onto the city agenda tonight. This will award over $2.1 million for park improvement at Santiago Park, which has essentially been needed for the last 15 years, I think it's safe to say. The park's been neglected for a long time, and I think this will go a long way to improving it. So again, thanks to Parks and Recs, the entire team, appreciate it.

The other item that I'd like to talk about is item 28 on the consent calendar. It talks about a lease with Dyer 18 LLC for Homeless Navigation Center. And I would like to see this put on hold until the people that own this entity essentially settle their debt with the city on legal issues that have arisen out of other projects in the city. So hopefully we can recoup our money before we go ahead and offer them this lease agreement.

The other thing is on the business calendar item 29. If this gets approved, I recommend that we look at changing the oath of office because I think the fact that this is intended to remove a qualified elector and authorize the appointment of Santa Ana residents without a requirement of citizenship, the oath of office is in need of revamping. So please take a look at that as well. Thanks and have a good night.

Thank you. Zoom ID Carolina Mendez, if you would please select the microphone icon to unmute your call.

Hi, good evening. My name is Carolina Mendez. I'm currently serving as Vice President of the College Democrats at Cal State Fullerton. I'm also a member of CHISPA OC. I'm here to speak on agenda item 30 and to stand in solidarity with our grocery and retail pharmacy workers. We ultimately call on you to approve the ordinance to provide premium pay for grocery and retail pharmacy workers. It's more than reasonable that we push grocery stores and retail pharmacies in Santana to provide the financial relief that their employees need. Santana has been, as many of you know, one of the hardest hit cities in Orange County and

And quite frankly, it's past time we honor the contributions of grocery and retail pharmacy workers and truly value their sacrifices and labor. And so this matter must be addressed with urgency. Santana was the first city to publicly discuss a mandatory grocery and pharmacy worker hazard pay ordinance. Yet no action has been taken to support these essential workers. And so our grocery and retail pharmacy store workers are counting on you, as is our community at large, to pass this premium pay item as an urgency ordinance so that it becomes effective immediately. I thank you for the opportunity to speak with you tonight.

I appreciate your consideration. And with that, my statement is concluded. Thank you.

Thank you. Thank you. Zoom ID, Manny Escamilla, if you would please select the microphone. Thank you. You may proceed.

Hello. This is Manny. So hello, Mayor and Council. I wish you well in this difficult time. And I guess like a lot of us, right, we've all had friends and family members that have passed away. And, you know, this pandemic has hit us all in various different ways. but tonight you do have the option to do what's morally correct and you know we can argue the economics back and forth to see how this will play out and really won't actually understand until an action is taken. But at the end of the day you know these are folks that have basically placed their lives on the line to do a job that's been deemed essential to the functioning of

society and we have the chance to make sure that they're compensated at least for a portion of that risk that they're enduring, which, you know, as a grocery worker, we didn't really sign up for, but they rose to the occasion. They kept going to work. There wasn't kind of a mass crash at the U.S. food system, which is something, you know, we don't necessarily or shouldn't necessarily take for granted. So just very supportive of hazard pay. I think it's the right thing to do. And I hope that the votes go to do that and actually can do a little bit for the folks that

given so much over the last year. On other items, so regarding item number 11 for the resolution for Memorial Park Center, or sorry for the Memorial Community Center, so wonderful that we're going to be getting some renovations over there. I just wanted to make sure that we do protect the Medial Vasquez mural that's there on the south side of the pool area, so if there's any way to kind of include restoration funds that would be amazing to do just because I think you having even a minor protective coat can really make that local cultural landmark last for many,

many more years. And there are also memorials within the park itself that have been kind of vandalized over time. So we'd have to kind of take a look at those. So it is actually a park that was done in memorial for the veterans of World War I. So there was kind of random, what do you call them, plaques throughout the park that have been vandalized over time. So it might be a pretty good opportunity to see if we can restore some of those or at least figure out what was there previously. Regarding item 26, so as you know some of you some of you know I did serve as an

archivist here for the city for many years and you know one of the things that we have in our historical collections being such an old city we have a really good collection of files and forms that are preserved in the room that are paper-based but we're kind of coming on this journey where we might have this digital dark age where we don't really know what was going on in the city if we don't back up our digital files. So definitely you'll like you know whatever we can do to make sure that that's stable but I don't know that we've been talking about kind of long-term data

storage or the preservation policy there so just something to get up in the back of your minds. And then oh sorry and I guess finally just supporting item number 32 and I really do think this is the direction that we need to move towards a carbon neutral economy so thank you

thank you

caller with the last three numbers 542 please select the microphone icon or star six from your device

to unmute your call. Caller with the last three numbers, 542. Please select star six to unmute your call

or select the microphone icon on your device.

Caller with the last three numbers, 542. to please select star six from your phone or select a microphone icon on your device.

Persona en el teléfono con los tres últimos números 542. Por favor marque estrella 6

Okay, moving on to the next caller. Caller with the last three numbers, 689. Oh, there you are. Hi, hello. Can you hear me? Yes, now I can hear you.

Hi there. So my name is Tanya Navarro. I'm calling in Lifetime Resident of Santa Ana Ward, I believe, three or four at this time. I'm calling in to make a public comment about the House of Encampment on Ross. I would just like to say that I think the city should really consider taking a better approach instead of just increasing police activity and continuing to harm the people who are the most vulnerable in our community. For the most part, I've been seeing different solutions online, and I don't believe that any of them are sustainable.

So I just wanted to comment and say that we need to just have a better solution as a city that's more compassionate instead of just continuing to cycle people through a system that's not helping

them. Thank you. Bye-bye. Thank you. Caller with the last three, number 689, if you would please dial star six to unmute your call or select the microphone icon on your device.

Caller with the last three, number 689, please dial star six or select the microphone icon on your device to unmute your call.

Persona en el teléfono con los tres últimos números 689.

Caller with the last three numbers, 689, please dial star 6 from your telephone or select the microphone icon to unmute your call.

Okay, Zoom ID, Ada Tamayo. If you would please select the microphone icon on your device. Thank you. You've successfully unmuted yourself.

Thank you. Good evening, City Council members, Mr. Mayor. My name is Ada Tamayo. I am an organizer with UnitedHeart Local 11 representing hotel workers here in Orange County and about 30,000 workers around the state of California. I am here to stand in solidarity with our brothers and sisters from the retail and grocery stores. The workers in this line of work had and are putting their lives and their families' lives at a stake right now just to serve us. during this pandemic. So I am asking tonight that you all vote in support of item 30.

In the name of all my brothers and sisters in this industry, I thank you. Good evening.

Thank you.

Caller with the last three numbers, 689.

If you would please dial star six.

or select the microphone icon on your device.

Hello? Hello? Hi. Hello. Hello? Yes, my name is Kathy Alleyman.

I'm sorry, you may proceed. Hi, can you hear me? Yes, I can hear you. Yes, you may proceed.

Yeah, my name is Zefemino Gonzalez. I've been homeless here for a few years, and I just wanted to put a complaint about the repo guys, the police officer that walks around with a crew picking up homeless stuff. A couple weeks back when it rained, I went out to buy a tarp and when I came back, everything was gone. They took my wagon and my tools and my property, you know, and I asked the officer about it and to them it's like a joke they don't listen to. They say that there was no wagon when everybody knows that I had a wagon. so I just want to let you people know that they're taking people's stuff.

They tell you, like, you got five minutes and take whatever you can take and the rest of it just tear it and take it from you, be it your stove, be it your sleeping bag, whatever it is, and I think it's kind of unfair. Especially the wagon that I built it myself. I just bought two new tires for it, and they just took it, and you ask them about it, and they act like there was nothing. They take advantage because they got the upper hand. Thank you very much.

Thank you. Caller with the last four numbers, 6689.

Please select the microphone icon or dial star six from your telephone to unmute your call.

Call her with the last four numbers, 6689. Please dial star six to unmute your call. Hello. Hi, thank you.

Hi. My name is Kathy Alley, ma'am. And I am a resident of Santa Ana and have lived here for over 47 years. I also have been in the last two years going out to visit the homeless and bringing them blankets and tarps to keep them warm on the cold nights, and we've taken them food and clothing. I recently became involved with the El Centro homeless over on Ross Street. I was there today when they came out with five vans and picked up carloads of people

along with their belongings, telling them that they were going to take them to a shelter, a clean place to go. They did not tell me where they were taking them. They would not give me an address. They would not tell me the name of the home. And we found out through social media where they were taking them. And I tracked down the place and went there myself. It is a nice, clean place, I agree, but it has the appearance of a jail. It has a nine-foot-high fence that you cannot see through in or out,

and it reminded me of my 20 years of volunteer work at the James Music Farm out in El Toro. It was like going into a jail. This is where they took our homeless to today to keep our community supposedly safe, but yet I have had neighbors next door to me living in my home steal from me. So it's not just a homeless problem here. We have people living that way in our neighborhood, not just the homeless. And we need to address some of these problems and find out how we can return these people back into society

where they are able to provide for themselves and have a job, have some job training, and be helpful to others and be a part of a good society. We need some kind of separate facility for the mentally ill and also a drug rehab. The people that were taken away today, there were all three types, homeless people, drug people, and mentally ill people, and they were all taken to the same facility. We cannot keep them safe when they're all lumped in one place like that together.

I've been told by the homeless that they have been beat up by the mentally ill and they have been stolen from their personal needs have been stolen from. And some of these shelters, the guards in the shelters are giving them drugs, selling drugs to them. So here they are trying to get out on the street. They're running from problems, from fear, from family, whatever. And they're on drugs and they're being sold drugs from people who are supposed to be keeping them safe. This is a problem that we need to face. We need volunteers and we need mentors to follow up for these people once they go through a

program and we need to find out about their needs when they're out on the street. I take them toiletries, I take them blankets, I take them...

Zoom ID, Nick Burrow, if you would please select the microphone icon and unmute your

Zoom ID Nick Burrow, please select the microphone icon from your device.

Zoom ID Nick Burrow, if you would please, okay you've successfully unmuted yourself. You may proceed with your comment.

Thank you. Good evening, Mayor and Councilmembers. My name is Nick Burrow, and I am here to speak on item 30 on the agenda. On behalf of Santa Ana Grocers, the California Grocery Association respectfully asks that you do not move forward with the grocery worker premium pay ordinance given the numerous negative consequences to grocery workers, neighborhoods, and the grocery industry. Based on the negative consequences experienced in other jurisdictions with similar ordinances, we must oppose the ordinance for both policy and legal reasons. We agree that grocery workers serve a vital and essential role during the pandemic.

They have worked tirelessly to keep stores open for consumers, allowing our communities to have uninterrupted access to food and medications. To protect our employees, grocery stores were among the first to continue, were among the first and continue to implement numerous safety protocols, including providing PPE and masks, performing wellness checks, enhancing sanitation and cleaning, limiting store capacity, and instituting social distance requirements, among other actions. On top of increased safety measures, grocery employees have also received unprecedented

amounts of supplemental paid leave to care for themselves and their families in addition to already existing leave benefits. Grocers have also provided employees additional pay and benefits in various forms, including hourly and bonus pay, averaging an extra $2 to $3, along with other significant forms of support. All of these safety efforts and additional benefits clearly demonstrate grocers' dedication and appreciation for their employees. Most importantly, the industry has been fierce advocates for grocery workers to be prioritized for vaccinations.

The Grocery Worker Pay Ordinance would mandate grocery stores provide additional pay beyond what is economically feasible with nearly 30 percent increase in employment costs. This significant increase will severely impact store viability and result in increased prices for groceries, limited operating hours, reduced hours for workers, fewer workers per stores, and most concerning possible store closures. These negative impacts for the ordinance would be felt most acutely by independent grocers, ethnic format stores, and stores serving low-income

neighborhoods we respectfully implore the council to not move forward with the grocery worker paid ordinance at this time if council must bring the ordinance forward for a vote at this time we ask that you oppose its passage thank you very much thank you zoom id austin lynch

please select the microphone icon on your device to unmute your call thank you

Good evening. This is Austin Lynch, Organizing Director with Unite Here Local 11. We represent thousands of Santana residents who work in the hotels and food service industry. We've been devastated by the pandemic. The majority of our members have been laid off. And we have relied in numerous ways on our brothers and sisters who work in the grocery stores and in the pharmacies. and we need them to be safe and we need them to provide for our neighborhoods. And so for us, it's essential as a matter of equity and even as a matter of health and safety

that we pass HeroPay in Santana. So we are the members of Local 11 urge you to do so. And I have to say there's a whole bunch of our members online or trying to navigate the system that are having trouble doing so.

but regardless of being unable to navigate Zoom, our members feel passionately in support of HeroPay. Thank you.

Thank you. Thank you. And Mayor and Council members, that was the last caller, but before proceeding, I do wanna make sure that I announced that we did receive emails. We received one Santa Ana resident, on non-agenda item requesting information on permit processing before finalizing the overnight large vehicle parking. Santa Ana Business Council requested street closure for the event on March 21st. One Santa Ana resident concerned over various public safety issues throughout the city. One Santa Ana resident concerned over the street closure from Wright to Bristol. One Santa Ana resident requested

that Santa Ana abolished single family zoning to alleviate housing shortage. One residency not disclosed, arts educator trying to put together event concern that artists require for two business licenses. Item 30, for the hero pay ordinance, there were seven in support, Santa Ana resident business, faith business organizations,

UFCW324. They submitted a petition with 525 signatures from Santa Ana Grocer and pharmacy workers. In opposition, California Grocers Association, Family Business Association of California, California Fuels and Convenience Alliance, California Black Chamber of Commerce, Long Beach Area Chamber of Commerce, Los Angeles Area Chamber of Commerce, Valley Industry and Commerce Association, Los Angeles County Business Federation, National Diversity Coalition, CSEP, the Foundation of Fresno Kern, Kings and Tulare Counties, California Retailers Association,

Latino Food Industry Association, California Business Roundtable, Cal Asian Chamber of Commerce, California Hispanic Chamber of Commerce, the Latin Business Association, Orange County Business Council, San Gabriel Valley Economic Partnership, Southwest California Legislative Council, Greater Riverside Chamber of Commerce, West Hollywood Chamber of Commerce, Torrance Area Chamber of Commerce, Latino Restaurant Association, South Bay Association of Chamber of Commerce, Gardena Valley Chamber of Commerce, Ramosa Beach Chamber of Commerce, United Chamber of Commerce, San Fernando Valley, Hollywood Chamber of Commerce,

Western Watermelon Association, Mexican American Ladies Society, Central Valley Human Society, National Asian American Coalition, North Orange County Chamber of Commerce, Orange County Hispanic Chamber of Commerce, California Business Properties Association, International Council of Shopping Centers, Greater Irvine Chamber of Commerce, Norwalk Chamber of Commerce, Inland Empire Economic Partnership, Gateway Chamber Alliance, and Inland Action. And then for item 32, there were 15 Santa Ana residents in support of declaring the climate emergency and one residency

in addition in support of residency not disclosed. And that is all I have.

Great. Thank you, Madam Clerk. And if somebody can go ahead and pull down that screen so I can bring it back to the council.

Great.

Before we get to the consent calendar, let me just go ahead and once again, remind members of the public and Madam Clerk, we could just continue repeating to those who want to address the council, we want to hear from you, but we want to make sure that we're fair to everybody who is going to have matters before the council to make sure you get yourself in the queue. I think you said, Madam Clerk, that the line is open at 430. So people can, you know, sign up and register as early as that to address the council. But once public comments start, we need to close that. So we'll have a finite period of speakers. That's one.

The second one is, for those who are going to be addressing the council, look, no need to give a specific address, but I think it would be helpful to the council if you begin by saying either you are a Santa Ana resident or you're not. If you want to give your specific ward, that would be helpful as well. But we certainly don't want to delve into any you know, first name, last name or anything, but, you know, or any specific address, if you would like to go ahead and not share that, that's perfectly fine. But I think it would be helpful to let us know what city you're commenting from.

And especially for those that live in Santa Ana, that is very, very helpful to us. So now we are at the consent calendar portion of the agenda and I'll ask council members, I believe council member Fan has some matters that she'd like to abstain on and go ahead and recite the reasons. Are there any other members of the council who either want to abstain because of a conflict or would like to pull any specific items off the consent calendar for us to address individually?

Phil BacerraItem 8

Mr. Mayor.

Go ahead council.

Phil BacerraItem 8

I'd like to go ahead and pull item 19.

Great, thank you. Item 19 is pulled. Mayor Pro Tem. Thank you, Mr. Mayor. I would like to pull item number 11.

Thank you. Anybody else want to pull any items?

Seeing none. Is Council Member Mendoza with us? I don't see her, her image. Maybe it's just mine. Maybe it's just my computer, but there you are. Okay, good. I just wanted to make sure you're still with us. So seeing no other items being pulled, I'll go ahead and turn it over to council member fan to recite her, her abstentions.

Thai Viet PhanItem 8

Hi, thank you so much, Mayor. I am abstaining from items 23, 27 and 28. Fidelity National Title, Jamboree Housing and Dyer 18 LLC are all clients of my employer, Rattan and Tucker. And so according to statute, I will recuse myself from those items. And because it is a consent item, I merely, I can vote on the rest, the remaining. I don't have to leave the room. Thank you.

Thank you for that. Now I'll go ahead and entertain a motion for the balance of the consent calendar. I'll make a motion to approve, Mr. Mayor.

Thai Viet PhanItem 8

And I'll second.

Great. So we have a motion by Mayor Pro Tem, a second by Council Member Fan. Madam Clerk, will you please call roll?

Council Member Becerra? Yes. Council Member Hernandez? Yes. Council Member Lopez? Yes. Council Member Mendoza? Yes. Council Member Fan? Yes. Mayor Pro Tempeñalosa? Yes. Mayor Sarmiento? Yes.

Yes, thank you everybody. Moving along to the first item that was pulled, that was number 11. And I believe that was pulled by Mayor Pro Tem.

David PenalozaItem 11

Yes, it was. Thank you, Mr. Mayor. And I pulled number 11 agenda title, adopt two resolutions for the Memorial Park Community Center, phase one, and the Santa Ana Zoo at Prentice Park revitalization projects for the submittal of grant applications for the statewide park development and a community revitalization program.

David PenalozaItem 11

And I can't begin to express how excited I am for this Memorial Park Community Center resolution because we've done this before. Back in 2019, I believe it was the first time we submitted for these grant applications for this community center, along with a couple other parks. The other parks were awarded by the state and Memorial Park was at the time denied for numerous reasons. So I'm excited to bring this back forward and try once again. I know that I grew up, I learned how to swim at Memorial Park.

David PenalozaItem 11

I went to their community center and took all kinds of classes there as a child. and it was always a very, very small old space with no air conditioning, very limited space and resources and just activities that they could provide with the space there. So I'm excited to see this, but I had a question for staff, maybe Madam City Manager, I'm guessing you'd wanna defer to the Parks and Rec Director,

David PenalozaItem 11

but I'll ask you. I know that at the time, one of the reasons that was stated for us being denied was that we submitted for too many grants at once. And over the last six months and numerous meetings I've had with the Memorial Park Neighborhood Association and Parks and Rec staff, we stated that we might have more luck this time around because we were only going to focus on the Memorial Park Community Center, which is about a $15 million project altogether. Very beautiful renderings that I've seen. But I noticed that now we added the Santa Ana Zoo

David PenalozaItem 11

project, which is great, you know, also exciting to see. But was there a reason why we went from only going after that one grant to adding the second one for the Santa Ana Zoo?

um thank you mayor pro tem for the question i will turn it over to lisa executive director parks but i will say that i don't believe the addition of the santa anna zoo is going to take away from the opportunity for the memorial community center grant and with that i'll let lisa talk a little more

uh yes thank you mayor pro tem for the questions um we don't feel that the uh the santa anna zoo application and Memorial application will compete with each other. We'll be competing with other communities because that's how we lost if you will or didn't get awarded last year but we're hoping that this year we'll have a better opportunity for Memorial and the reason wasn't because we submitted too many applications last time it was a competition against other cities so so we're very hopeful

this time to get this grant this is needed so much to fix up this community center and we we think that second time is a charm so we're hoping that we're gonna we're gonna be successful and if we're not we'll continue to try to find grants and funding to do this thank you

David PenalozaItem 11

Lisa, because this is from what I believe this is the last chance, right, to apply for these grants? Yes, you're correct. Okay. Now this would be super exciting to see come to the Memorial Park

David PenalozaItem 11

because, you know, it's very old structure, what we already have there, and in the canvassing that I've been doing in the neighborhood and around the park in the last couple of weeks, just talking to neighbors, they're all excited for this. I mean, they want to see this come into fruition and see the new programming that would come with it. And I do, one of the callers mentioned, talked about the murals there and the memorial parks, which I think is also important. And I

David PenalozaItem 11

I know there will be time in the future to have those discussions of what we want to protect and preserve or relocate. But just a couple of nights ago, I was walking my dog through there like I do most nights. And I think I've mentioned this before. Where the flagpole is, there's a plaque commemorating our, it's called Memorial Park. You know, it's in memory of those who served our country and gave the ultimate sacrifice. And the plaque is just, you know, it's worn down, it's rusted, half of it is sunken and buried into the ground.

David PenalozaItem 11

So it'd be nice to see those memorial plaques, you know, revamped a little, maybe as part of this bigger project. but that's again, the conversation for the future. But I would like to make sure that we note those. But with that said, Mr. Mayor, I'll turn it back to you, but I will make a motion to approve item 11.

Great. Thank you for that. Is there a second?

Second.

Okay. So we have a motion by Mayor Pro Tem, a second by council member Mendoza. and I see council member Hernandez's hand up.

Johnathan Ryan HernandezItem 11

Council member Hernandez. Thank you, Mr. Mayor. Hi, hello, Lisa. I just wanted to echo what a resident said and Mayor Potza and Penalosa said, I wanted to make sure to protect the, to protect and preserve the Imigio Vasquez mural on the South side of the pool area. So it'd be great if we can include restoration and preservation work in that application. I think that would be incredibly helpful. And with regards to the zoo for Prentice Park, I just realized recently that the zoo master plan on the city website, it's currently a blank page when you click on it.

Johnathan Ryan HernandezItem 11

Is there any way that we can get that activated? Yes. Thank you. And is there any proposed changes to the street in the parks master plan?

I'd like to call on Ethan Fisher to answer that question. Ethan's on the line.

You need- Yes, good evening, mayor and council. So there are some proposed changes happening to the street adjacent to the zoo, Elk Lane. I know that there's going to be a stoplight installed at Chestnut and Elk Lane, which seems to be a very hazardous intersection. So that will help people as they make unprotected left. And there also will be some beautification to the street with additional landscaping and securing the perimeter fencing around the zoo. And I can also address the website. That's actually a page that staff just created

that they're in the process of updating because we realized there was no information about the master plan on the website. So we'll be sure to get it updated quickly.

Johnathan Ryan HernandezItem 11

Thank you so much for your update, Ethan. And thank you as well, Lisa.

Great, thank you for those comments, council member. We have a motion in a second. Madam clerk, will you please call roll?

Council member Becerra?

Yes.

Council member Hernandez?

Council Member Lopez?

Council Member Lopez?

Jessie LopezItem 11

Yes.

Council Member Mendoza? Yes. Council Member Fan? Yes. Mayor Prochampe-Losa?

Yes.

And Mayor Sarmiento?

Yes, thank you everybody. Moving along to item number 19, I believe was pulled by Council Member Becerra.

Yes, thank you, Mr. Mayor.

Phil BacerraItem 11

Sorry here. On this particular item, I just had a couple of questions for staff on this. So on this item, we're awarding a construction contract to Nationwide General Construction Services in an amount of $2,143,000. So what I was concerned with was we had one bidder that came in that actually is a signatory to some of our local building trades, which with our CWA, our community workforce agreement, seems like the ideal contractor for this proposal, but they're not the ones that have been selected.

Phil BacerraItem 11

Can you just give all of us an idea as to why they did not, because it says here that they were rejected because they were non-responsive. So I just wanted clarification because my understanding was they submitted a full application, but if you could just give us some answers as to what made them non-responsive.

Certainly, sir. So when we're doing bidding under the state code, all bids have to be determined to be responsive, to be accepted, to make the award to the lowest bidder. And very strict instructions are contained in all of the bid documents. And part of those instructions are you must respond and answer all the questions and submit all of the information that is requested. Unfortunately, the contractor that you're talking about, it was in the area of public agency references. There were two pages within the bid documents where they were required to supply three public agencies that they had done work with in the last three years,

and a second page for three public agencies that they have done work in the last five years. The references listed were not all public agencies, so the bid was deemed unresponsive or non-responsive, sorry.

Phil BacerraItem 11

okay thank you for that and and if for some reason this council were to want to go with another one of the folks that um submitted a proposal um i think you the key word that you mentioned was strict process so we can't as a council just pull one of the other folks up i mean we would have to i'm assuming we'd probably have to go back out for a bit if we did that is that correct if we didn't accept recommendation from staff?

You're correct. Really, at the point after an agency does a bid, you really have like three things you have to do. You're obligated to contract with the lowest bidder. You have to make sure that all of the bids were responsive, and you can reject all bids. You can't go in and select another one and bring them forward. Those are the parameters that we're required to follow.

Phil BacerraItem 11

Okay, so the other contractor just essentially did not fulfill the very strict requirements that we're asking of these contractors when they submit their bids. And at that point we went with the next lowest responsible bidder.

Correct.

Phil BacerraItem 11

Those are my questions, Mr. Mayor, thank you.

Great, thank you for that. Council member Lopez.

Jessie LopezItem 11

I thank you, Mayor. Hi, Director Saba. I don't have any questions. I just have a request. If we could please provide updates to the neighborhood meetings as the project progresses to let them know the timeline of the project and how everything's going. I think that would be great and much appreciated.

We do.

Jessie LopezItem 11

Thank you.

Great, thank you for that. Any other questions or comments from the council on this item?

You know, I just had a, just a quick comment as well, just to follow up on that. you know it's funny I remember an item that came before us years ago and it was for you know a project and somebody was applying for it and normally the bids are due like at 5 p.m at the end and for whatever reason this one was due at noon and so the applicant was scrambling and you know there wasn't anything nefarious or sinister going on they just you know this one just happened to be at noon, unlike all the others that were due at five. So we had this applicant, you know,

who was responding, this bidder who was responding, didn't realize it, you know, the time had been different than what they had been used to, because they had been doing business with the city for years, turned it in at 1203. And so, look, there was, you know, and they did great work, and everybody was kind of pulling for them. But it was that rigid. I remember that, you know, it just, you know, the state just barred us, or at least the state rules barred us from doing anything, even though we knew that applicant was going to do incredible work for the city.

But it's those, that minutiae sometimes, or that rigidness and strictness on these RFPs and RFQs that make it really difficult. Because I was on the website for, I think, the bidder that the council member was talking about, and their work was incredible, as I'm sure is nationwide as well. And I know that the bids, obviously, that bid would have been lower, you know, had everything been complied with. But it is very unfortunate. My worry is that, you know, if we do something like this, it sets, you know, a precedent for others. And then maybe in the future, we have another bidder who says, well, I didn't respond

not knowing this, and we'd have to open it up. And then the process becomes, you know, uh you know tainted and it and there is no process anymore if we you know defy those rules so is that true madam city attorney that if we were to do this i mean there's there's exposure for us and i guess more harm to the process that we're trying to protect as well right yes and we

Sonia R. CarvalhoItem 11

always just advise you to follow the strict rules that's the best protection that you have and they are just simply designed this way sometimes some of those misses are it are unfortunate and it's frustrating to the people who put the bid documents together. But our advice is to follow the rules

strictly to protect you from liability. Yeah, and I understand on this one, you know, the, you know, I guess defining references for public projects, you know, could have been misread for any projects. And I think that's what caused the confusion. But look, it looks like they do quality work. So, you know, Director Saba, please in the future, keep them in mind, because I think the council members right to the extent that we have quality, you know, firms that do business with us to the extent that they work with our locals and, you know, you know, keep our, you know, our employees

here that work in the city. And, you know, are part of the laborers active, that's a good, that's a good fit. And I think that would have been a good fit on this one. But it's just unfortunate that it worked out this way. In any event, okay, so I'll go ahead and entertain a motion on this

one. So move Mayor Sargento. Great. We have a motion. Is there a second? I can second.

Second. Oh, great. We have a motion by council member Mendoza. I think it was I think the second was from Lopez. Since it's her birthday, we'll give it to her. So you know, Madam Clerk, will you Please call roll.

Member Becerra.

Yes.

Council member Hernandez.

Yes.

Council member Lopez. Yes. Council member Mendoza. Yes. Council member Fan. Yes. Mayor Potempeñalosa.

Yes.

And mayor Sarmiento.

Yes. Thanks everybody. I think that was the last consent calendar item that was pulled off. So we'll go on to the business calendar items. We're on item number 29, which is an ordinance amending chapter two of the Santa Ana Municipal Code relating to boards, commissions, and committees.

Is there anything from the staff on this or can we go straight to the council?

City manager, I mean, sorry, Mayor, we did not do a presentation for this. it's simply an amendment that was requested that's removing the qualification of a qualified elector within our code which will open up our boards and commissions to have appointment of Santa Ana residents without the requirement of citizenship great thank you for that summary

Madam City Manager I'll bring it back to the council for any questions or comments

Thai Viet PhanItem 11

council member fan hi thank you mayor Madam City Attorney I did have a question when I was um looking into the commissioner situation with this. Part of the qualified elector language is obviously the voter registration, which is one thing. And that's why we want to get rid of it. But the other is that they're 18 and over in order to be a qualified elector. So I guess maybe I missed it. But when you remove that language, there's no age limitation. Because I don't remember the statute having an age requirement. So I guess that was just one thing I wanted to get clarification on whether we then would have taken away the age limitation

Thai Viet PhanItem 11

or the age requirement for commission positions.

Sonia R. CarvalhoItem 11

And we that that would happen and that really is at the discretion of the council as you know earlier this year we ran into the reverse impact of having the 18 year old age limitation so you know if it's the council's desire to to put that 18 year old back in that's something that can easily be done.

Thai Viet PhanItem 11

No, it was just one of the clarification point. Frankly, I think if you have a 17 year old or seven and an 18 year old who are both equally qualified, I don't think why you'd have someone who's 17 who's graduated high school would be prevented from serving. So thank you. Okay.

Thank you, council member. Any other questions or comments from the council? If not, I'll entertain a motion. Mr. Mayor, I have a question. Oh, I'm sorry, go ahead, Mayor.

David PenalozaItem 11

And just to clarify on that point, and this question, I guess, would be for the city attorney.

David PenalozaItem 11

I know we have a youth commission

David PenalozaItem 11

for those kids under the age of 18 or what, I think it's a little over 18 now.

David PenalozaItem 11

But would there be any age limit to any of the commissions? or is it now just all same age requirement?

Sonia R. CarvalhoItem 11

So in the ordinance itself, each of the commissions are listed in the ordinance, and some of them do have different requirements. So they might, for example, determine who has to be on it, like what a profession might be or whatnot. So with respect to the youth commission, I'm checking right now, but my recollection is there are, there's an age requirement that they'd be under a certain age in order to serve on that commission.

David PenalozaItem 11

Got it. Okay.

All right. Any other questions or comments?

Seeing none, I'll entertain a motion on this.

Jessie LopezItem 11

Mayor, I'd like to make a motion to approve.

I'll second. Great. We have a motion by Council Member Lopez, a second by Hernandez. Madam Clerk, will you please call roll?

Council Member Becerra?

Yes.

Council Member Hernandez? Yes. Council Member Lopez? Yes. Council Member Mendoza? Yes. Council Member Fan? Yes. Mayor Potempo-Nalosa?

Yes.

Yes, thank you everybody. Moving along to item number 30, the ordinance establishing premium pay for grocery workers and retail pharmacy workers. Does staff have any brief comments on this?

Thank you, Mayor. We actually have a brief presentation, should you like us to give it? We're prepared to do so.

Yes, thank you.

Okay, Daniel Soto of the city manager's office will walk you through the presentation. And he knows how to share his slide.

Thank you, Christine. Good evening, mayor and city council.

Staff has prepared a brief presentation for you to provide an overview on the proposed ordinance, establishing premium paid for grocery and retail pharmacy workers in Santa Ana.

Premium pay such as hazard pay or hero pay is wages paid to an employee in addition to their regular wages. It is an established type of compensation for employees performing hazardous duty or work involving physical hardship that can cause extreme physical discomfort and distress. Several jurisdictions have considered or approved ordinances establishing premium pay for grocery workers these include nearby cities such as Irvine and Long Beach and more

distant cities like Oakland or Seattle at the February 2nd meeting members of the city council directed staff to prepare an urgency ordinance establishing premium pay for grocery and retail pharmacy workers for your consideration attached to this agenda item is both an urgency ordinance and irregular ordinance. Next, I will highlight some of the key components of the ordinance.

Applicability. This proposed ordinance would apply to certain grocery stores and retail pharmacies, which employ over 300 workers nationally and more than 15 employees per grocery store location or retail pharmacy location in Santa Ana. For the purposes of this ordinance, a grocery store means a store that devotes 70% or more of its business to retailing a general range of food products and or a store that has at least 15,000 square feet of floor space dedicated to retailing a general range of food products.

Retail pharmacy means a corporate or chain pharmacy or publicly traded company that is licensed as a pharmacy by the state of California and that dispenses medications to the general public at retail prices. These grocery stores and retail pharmacies are referred to as hiring entities.

The ordinance requires these grocery stores and retail pharmacies to provide each designated worker with premium pay. This premium pay consists of an additional $4 cash per hour for each hour worked. And for the purposes of this ordinance, designated worker means a grocery worker or retail pharmacy worker employed by hiring entity who is entitled to premium pay pursuant to the ordinance.

This ordinance recognizes grocery stores and retail pharmacies that already provide hourly premium pay to their employees. Such compensation, so long as it complies with the provisions of the ordinance, may be credited toward the additional $4 per hour premium pay requirement, up to the full amount of $4 to achieve compliance.

If approved as presented, the ordinance would be in effect for 120 days.

Notice of rights, grocery stores and retail pharmacies must advise their employees of their rights under the ordinance, including their right to premium pay guaranteed by the ordinance.

Private right of action, a designated worker that suffers financial injury as a result of a violation of the ordinance or is a subject of retaliation may bring a civil action against the hiring entity.

Staff has presented two options to the city council tonight. One is to adopt an urgency ordinance, establishing premium pay for grocery workers and retail pharmacy workers, or two approve the first reading of an ordinance, establishing premium pay for grocery workers and retail pharmacy workers. The urgency ordinance would become effective immediately if passed by the affirmative votes of at least two thirds of the members of the city council. whereas the regular ordinance would be considered for a first reading and a second meeting. And if the majority of the members affirm the passage of the first and second readings,

the regular ordinance would become effective 30 days after the second reading. Staff is available to answer any questions and the city attorney is available to answer any legal questions relating to the ordinance.

Great. Thanks, Daniel. If you can reduce that screen or so I can take it back to the city council. Thank you for that. Let me go ahead and bring it back to the city council and Madam City Attorney and Madam City Manager, please be on standby. Anybody want to begin?

I'm sure there's a lot of thoughts. Mayor Sarmiento, may I begin? Yes, Council Member, go ahead. Thank you. I acknowledge that our grocery employees are essential workers, that they risk their lives, and that they should be compensated for their efforts. I want to inform my union brothers and sisters that I fully support labor. I am opposed to this ordinance. In opposing this ordinance it does not mean that I do not support union wages. On the contrary, I am pro-labor and I am on the side of equitable pay and benefits.

I'm not supportive of this ordinance as I was elected by Santa Ana residents to properly and fairly represent them. I am voting on what benefits our workers and Santa Ana residents. The tentative approval of this ordinance has already driven away large chain grocers. In addition, large chain grocers such as Costco, Walmart, Walgreens, Amazon Fresh, etc. will continue to make millions in profit without much consequences. The reason is that such chain stores have an impressive online sales that increased tremendously during COVID and the trend continues.

Adversely, the local independent grocers such as Stater Brothers, Superior, Northgate, etc. do not have the luxury of online profits. It is a fact that grocers do not make a profit initially at the beginning of the pandemic due to the mad rush for dry goods, paper towels, rubbing alcohol, sanitizer, etc. However, that is not the case any longer. Demand for such COVID-related items has tapered down. It is true that the demand for groceries has increased during the governor's stay-at-home orders.

However, when essential workers were in demand, grocers were making a bit of a profit, which resulted in benefiting our community because there was a lot of local hiring.

The grocers recognized that their employees are essential workers and deserve equitable compensation for their service to our community. Thus, these local independent grocers went above and beyond to compensate their employees. Some of the examples how the grocers are taking care of their employees without being mandated are as follows. Bonuses and increased salaries. Millions were spent to protect employees by purchasing appropriate protective gear, supplies such as hand sanitizers, disinfectants, wipes, masks, shields, partitions, gloves, etc. Some grocers, such as Northgate,

were giving employees an additional two weeks of paid sick leave to take care of themselves or ill family. This means that they have instead of their regular two weeks per year, they had four weeks of additional paid leave. In addition, Northgate took further steps to protect its employees who are 65 years and older by asking them to stay home for three months. That is 90 days of paid leave without any detriment to the employee.

It is important to note that some grocers, such as Northgate and the others, are proactive in getting their 65-year-old employees vaccinated. The HR departments are making the appointments for them, and their employees get three to four hours of paid leave to go get their vaccinations, and they even pay for Lyft or Uber to ride to the vaccination site.

These independent local workers, local grocers have about 70% full-time employees, while the large chain stores only hire 20% full-time and 80% of their workforce is part-time. So many independent local workers are already providing the benefits without the mandate, such as medical, dental, 401k, profit sharing, paid leave, employee grocery discounts of 20% or more.

Other benefits provided to workers and their families are gifts, toys, certificates, and during the holidays, scholarships, and countless other benefits. These grocers do not need to mandate to show how to treat their employees well and to show their appreciation. In conclusion, I recognize that the people mean well in supporting this ordinance. One would believe that the workers would benefit from such hazardous pay. However, this ordinance actually has the opposite effect and workers will suffer tremendously in significant ways. We must also recognize that many grocers already provided hazard pay to their employees.

And so some of the unintended consequences of a yes vote are as follows. Increase operational expenses, decrease in profits, increase in grocery prices, decrease in workforce, potential bankruptcy, potential lawsuit against the city of Santa Ana, eventual store closures, hundreds of Santa Ana grocery and pharmacy workers being laid off. It is essential that if the proclamation is approved, that it be amended to give credit from January 1st on to those grocers who have already provided hazardous pay.

These grocers should not be penalized for taking the lead in protecting their workers. approval of this ordinance brings the above mentioned unintended consequences that will definitely hurt store workers grocers and ultimately you the public the residents who are listening in and all of the all of our constituents i respect respectfully ask my colleagues to weigh the consequences of this proposed ordinance thank you thank you council

Council member Hernandez.

Johnathan Ryan HernandezItem 11

Thank you, Mr. Mayor. This is something that I know is gonna be a hot topic for many people across the board in our city. I've received dozens of emails over the last week from people in support of this and people opposing it. So I want to acknowledge that there are some companies that have done a great job standing by their employees. Most notably, I know that immediately implemented a hazard pay into their infrastructure. And I know that there's a couple of other stores that have done so as well.

Johnathan Ryan HernandezItem 11

But as I take a look at what we are dealing with in our city, I can't just solely pat those companies on the back and expect things to be good for our residents across the board. Although it's good to hear that residents have, you know, two weeks of additional sick pay, I also have to identify that the preface is that expectation is that if you get sick, you can be relieved of your work for an additional two weeks rather than making infrastructure that is going to improve the lives of theirs. While also, you know, going beyond the title of saying these folks are heroes,

Johnathan Ryan HernandezItem 11

I want to really stand by that and give them the pay that they deserve. So one of the things that concerns me is that since the beginning of our pandemic, grocery workers have been on the front line. And who would think that at whatever time you started working for a grocery store, that as you would wake up to start your work week, that you would be now in this pandemic, placing yourself at risk every single day.

Johnathan Ryan HernandezItem 11

That is a scary thought. And I have to acknowledge the privilege that we have to be able to serve our residents in the comfort and the safety of our own home. It just doesn't sit well with me to not support workers. at the end of the day my job is to stand with with the voters and to stand with our residents and I think that hazard pay really sends a message that that we really do value people and we go beyond just applying titles to these folks as heroes but we're going to fight to give them the pay that they deserve and I think that that is a that is a supporting disordination thank you

Johnathan Ryan HernandezItem 11

Mr. Mayor, you're muted.

Man, there we go. Thank you. Council member. I was just praising you the whole time. Any other questions or comments from any members of the council? Council member Phan.

Thai Viet PhanItem 11

Hi, thank you, Mayor Sarmiento. So I've met with a lot of folks, spoken to a lot of folks, reviewed all the correspondences that have come our way. I think all of my colleagues can say this has been a hot topic and, of course, followed the litigation and the news and all of that stuff. And it was something, you know, I spoke with the Groceress Association and representatives of independent stores in our city. And I definitely understand that, you know, they are running a business and many of them have done whatever they could to provide the plexiglass and the

Thai Viet PhanItem 11

PPE and all of that stuff. But I don't think that takes away from requiring hazard pay. And that's reflected in the fact that many of these employers provided hazard pay in beginning of the pandemic and it went away. Now it didn't go away for all of them and I think that for those who are doing the right thing who are providing the hazard pay we should give them credit and that's why at the last meeting I requested that we have a prorated or a discounted section in the ordinance so that those businesses that are providing the hazard pay you know get credit toward that. I think that's really important and just because here we're

Thai Viet PhanItem 11

dealing with a couple sectors of the economy, it doesn't mean that we are not able to, you know, follow through with some others. I definitely think that there are a lot of businesses that have done really well. And these employees are the ones who ensure that the rest of us can function. You know, I have spoken to workers, we heard workers today who are asking for this, because every day they put themselves at risk. And yes, we know the vaccines are coming. I'm so excited. And in fact, today, tonight, President Biden said that we might get enough vaccines for all adults by the end of May. I'm hopeful for that. But you know what?

Thai Viet PhanItem 11

This ordinance should have come around last year when we saw the incredible numbers of COVID infections, job issues, deaths in the fall and the winter, and we didn't have it. So, in one sense, it's to make up for the fact that we didn't do something earlier. And for those who are providing the plexiglass and the PPE, thank you. But at the same time, with any job, you know, working at a law firm, they provide computers, they provide, you know, paper. If you're working at a hospital, you provide certain PPEs. If you're working as a, you know, sanitation employee, you get, you know, materials there.

Thai Viet PhanItem 11

And if you're working on the front lines, potentially being exposed to a life-threatening disease, then yes, these types of PPE and protections should be there too, because protecting your employees protects your business. So I think that all of those wrapped up into one. One comment, Madam City Attorney, I'd like to, I think, adjust is the definition of the grocers regarding the square footage. Some of the comments that I've heard from some of the retailers was the concern that big box stores like Target or Walmart, you know, we do have a few of them in our city might be inadvertently exempted from this.

Thai Viet PhanItem 11

That is not the goal of this ordinance. And so currently the definition states that it would be a store that's 85,000 square feet or more with at least 15,000 square feet dedicated to, I believe, foodstuffs. I would like to amend that to 10,000 square feet, which is consistent with a number of other municipalities that have adopted this type of ordinance and make it consistent for those. So that would be my, you know, one major issue. I think the other concern that I've heard was a cash flow issue for some of the businesses.

Thai Viet PhanItem 11

you know, maybe they've been used to doing some type of bonus at the end of the month or some type of just cash paycheck, whether you want to qualify it as a bonus or the hazard pay. I'm open to that where maybe they don't have to provide it in their weekly or biweekly paychecks, but they do it at the end of the month rather than on every paycheck. Maybe that'll help with some of these businesses with their cash flow as they adopt this new pay. but I just leave it up to my colleagues to mold that part over. But if there is a motion, I would like to add the 10,000 square feet amendment to it.

Great. Council Member Pham, would you like to make the motion with those amendments?

Thai Viet PhanItem 11

Sure. I would, you know, be honored to make the motion with the amendment of the 10,000 square feet to the definition of retailer, grocery retailer.

Okay, for purposes of discussion, is there a second?

Jessie LopezItem 11

Mayor, I can second council member Fann's motion.

Mayor, can I get a qualification? Is the motion for an urgency ordinance or for the inspection?

That's what I was getting to. I just wanted to make sure that before we choose either option one or two, we get some clarity on the content of what the ordinance would look like.

David PenalozaItem 11

So, Mr. Mayor, a point of order. Should we finish council discussion before you entertain a motion?

We are. Well, we can still have a motion on the floor and still continue discussion. So the discussion isn't over. We just have a maker of the motion with some adjustments to the language of the ordinance. And we have a second for that. But discussion is going to continue. So go ahead. You have the floor, Mayor Pro Tem.

David PenalozaItem 11

Great. So like we've all stated, this has been a hot topic for all of us. And I mean, yes, it is true that the grocery store industry has seen record sales over the last year. There's no denying that. There's also no denying that our grocery store essential workers are undying heroes and deserve the world. Unfortunately, they are not the only essential workers that have been putting their life and the lives of their families in danger. We're seeing private entities have record profits and only telling some how to spend it. While at the same time, for example, we've seen our retail cannabis tax revenue

David PenalozaItem 11

nearly triple. This as a public entity should also authorize hero pay to our service employees and numerous other employees working hard to continue to provide uninterrupted service to our residents. Let's not be selective of what essential workers we're trying to help. HeroPay for our grocery store employees is great. However, as good as it makes us feel and as great as it sounds, I believe it's a little short-sighted and has unintended consequences. Some unintended consequences were brought forward to me by a good friend of mine who happens to work at the Trader Joe's in Tustin.

David PenalozaItem 11

While that company voluntarily gave their employees hazard pay over the last year, my friend also stated that the overtime she used to get before the hero pay went into effect is nearly non-existent. She stated that her, along with most of her co-workers, have seen their hours reduced across the board and have seen their paycheck at times come in less than it usually was pre-pandemic. Now let's make one point very clear that these corporations are greedy. There's no doubt about that and unfortunately as much as we would like them to are never going to absorb any

David PenalozaItem 11

added cost into their profits they are going to like trader joe's reduce employee overtime hours or even worse pass it on to their consumer in this case our constituents the san anna resident let's remember that more san anna residents shop at these stores than work at them i can't count the number of times I've heard whether it's my mom or one of my tia's voice or concern of how expensive groceries have been getting. That every time they walk into one of our local grocery stores they see the price of their basic needs go up and up and up. Eggs, milk, bread, meat, produce,

David PenalozaItem 11

the prices are higher every day. My mom and my tia's like thousands of our residents live paycheck to paycheck and cannot afford to see the grocery store prices go up and unfortunately a mandate like this although temporary and due to the corporate greed that these grocery stores and corporations do inhibit will cause our grocery store prices to go up in a perfect fantasy world these companies would absorb the cost into their profits but we all know that that isn't going to happen. So if the city council really wants to go down this route knowing the unfortunate and

David PenalozaItem 11

unintended consequences that this will bring to our struggling Santana families which shop at these stores in larger numbers than those Santa Ana residents that work in them, then that is your prerogative. This has not been an easy decision for me to contemplate. My heart is being pulled on and I agree we need to compensate our heroic grocery store workers, but at what expense that of our Santa Ana residents at the end of the day they will bear the cost of this and higher grocery store prices and just like the Stater brothers on 17th and Fairview that closed

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in November of 2020 due to poor sales and the Stater brothers on McFadden and Standard that closed in January of 2020 due to poor sales more will follow suit causing massive food deserts in in the poorest communities in our city. And let me just say that I am supportive of some form of hero pay that was for one, a regular ordinance, maybe not an urgency one. And second, have the 120 days reduced. And having more language in there that would protect those companies that have already been stepping up to the plate over the last year and being there for our employees

David PenalozaItem 11

and compensating them because there's a lot of our companies that have been doing that. And I think the language that's already in there isn't enough. And there's a lot of more stores in the city and not just stores and private companies, but what can we do for our eligible city employees that could be included into this ordinance? Because there's a lot of them that have been stepping up to the plate and putting their lives in danger and they're not getting hazard So that's where I'm at with this. I'm struggling still, but it's the comments I have for now, Mr. Mayor.

Great, thank you, Mayor Pro Tem. Council Member Becerra.

Phil BacerraItem 11

Thank you, Mr. Mayor. I agree with the Mayor Pro Tem when it comes to the reach of this. You know, as I've said before, my father worked in a large grocery store and a small grocery store throughout his career. and this ordinance unfortunately would you know if it if he was at a certain place in his career would not apply to him and that and that is troubling but I know that sometimes you know when we're here on this is this zoom meeting we we look at items and we don't always come away 100% satisfied you know and looking at this draft ordinance you know I appreciate that it recognizes that there

Phil BacerraItem 11

are companies that have already been paying their employees some form of hazard pay or additional hourly pay like Northgate and Trader Joe's and I appreciate that the draft ordinance reflects their contributions their their additional pay to their employees and I also appreciate that rather than unreasonably expect the city to proactively enforce this ordinance that the The enforcement mechanism is civil action brought to the courts by folks that have felt that they have faced violation of this ordinance.

Phil BacerraItem 11

Also though, I do have a concern about language on page six of the draft ordinance that really kind of gets into the terms, or it sounds like it's more of like a contractual deal between a union and a grocer or a farmer. And it starts talking about reducing or limiting the ability for one of these employers to reduce the hours of work for an employee. And while I understand the intention of that language, it really sounds very restrictive because while we're trying to guard against malintent of somebody trying to reduce the

Phil BacerraItem 11

hours in order to somehow balance out this additional pay, this hourly pay. The reality is we're limiting the ability for a business to business. And so I think that's one issue I have concerns with. And if I were to support this ordinance, that'd be something I would like to see removed just the words hours of work, because I think that's something that, again, goes outside of what we're looking at here when when it comes to what this ordinance entails.

Phil BacerraItem 11

Also, I think, I believe it was council member fan that brought up the issue of when the bonus pay would be allowed to be paid to the employees. If it could be, you know, as a bonus at the end of the month, I know that some of the grocers have had that concern about if this ordinance were to go into effect, how they would pay it and they wanted to have that flexibility. So I appreciate council member fan addressing that. And I was also concerned about the length of time that this ordinance, if it were to go forward, would be in effect. But I'm gonna tip my hat again to Council Member Pham

Phil BacerraItem 11

that as she mentioned with President Biden announcing that every adult in the United States, hopefully by sometime in May, will be vaccinated. I think this is something that we know won't be an ongoing issue. And one of my concerns at the previous meeting in discussing this item was that this ordinance really seemed very one size fits all 120 days it was ignoring science but you know it sounds like the science caught up to the ordinance in the sense that the 120 days could coincide with as we're getting to a point hopefully that folks on the front lines would be less exposed to COVID and

Phil BacerraItem 11

its impacts so I you know frankly I still am not 100% comfortable that our city council or any city Council frankly is weighing in on this issue. We shouldn't typically punish reasonable profit and success but you know the thing that's really weighed on me is you know when you have a company where the profits are growing between 90 and 150 percent during a pandemic and those profits aren't shared with workers who are risking their lives to make sure that all of us are able to have ESSENTIAL ITEMS TO HAVE ACCESS TO THEM, IT'S NO LONGER SUCCESS. IT'S GLUTTON. IT'S ABSOLUTELY GLUTTON.

Phil BacerraItem 11

AND SO I STILL, AGAIN, BELIEVE THAT, AS I MENTIONED IN PREVIOUS MEETINGS, THAT THIS ISSUE SHOULD HAVE ALSO BEEN BROUGHT UP BY OUR STATE LEGISLATURE. BECAUSE TO HAVE A PATCHWORK OF ORDINANCES THROUGHOUT THE STATE, IT JUST, IT'S HAPHAZARD. IT'S JUST NOT THE RIGHT WAY TO ADDRESS THIS ISSUE. BUT YOU KNOW, AS WE'VE HAD TO SEE HERE IN SAN ANA AND I THINK AS OUR MAYOR TALKED ABOUT earlier where you know sometimes we've had to make please for certain things but other times we've picked our own selves up by the bootstraps and we've helped ourselves or we've helped our community

Phil BacerraItem 11

and what we've done is we as a council which I've always expressed my pride in is that we've shown our compassion for our community through the pandemic by taking bold actions whether they were

Phil BacerraItem 11

moratorium on evictions or rent freezes but those uh excuse me those options those items were temporary in nature and that's what this before us is today. So I believe that an ordinance like this falls into that category. This is something that we're not imposing long-term and I think that if this wasn't for a pandemic and for the enormous risk that our frontline workers are making for us for access to very essential goods I would be very hesitant to consider this But I would be willing to support the item in front of us this evening.

Phil BacerraItem 11

The only thing I would ask the maker of the motion is if she'd be willing to consider removing the phrase hours of work from section A1 on page six.

Great.

So we'll leave that there for the maker of the motion to consider. Maybe if we may have some more comments, we can get back to that as well. Thank you, council member for those comments. I think everybody, well, with the exception of council member Lopez, would you like to address us on this? Just to make sure everybody has a chance to speak in that way. We've spoken about this issue at three meetings already. So I think we've kind of talked this one to death. Well, you know, to the extent that we have a lot to say and we don't want to repeat ourselves all the time. I mean, we get kind of where we are,

but if there's anything that you'd like to add, council member Lopez.

Jessie LopezItem 11

Yeah, thank you mayor for the opportunity. As you said, you know, this is a discussion that has been ongoing and so a lot of things have been said, but I guess for me, I just wanna say thank you to everyone that's reached out and has had meetings with me regarding this issue. I know people are on different ends of the spectrum here, But, you know, but as a lot of people have called in and said, this is really something that we don't know how exactly it's going to impact our community.

Jessie LopezItem 11

But the way that is the lives of people that are every day choosing to go to work. and we can talk about vaccines all that we want, but we just saw a presentation and we actually don't even have data about how the vaccine distribution is actually taking place here in the city of Santa Ana. And we can talk about equity all that we want as well, but we all know that we are not seeing equity, health equity in our vaccine distribution. And we don't know when the county is going to actually have a strong system in place for the people that work

Jessie LopezItem 11

in the grocery stores to be vaccinated. So, you know, I do think that it's important that we keep that at the forefront of our minds that there are vaccines, but people in Sanana don't have access to the vaccines the way that other communities do. And so it is still an ongoing danger for them to go to work every day, to be exposed to people like myself who are shopping at Trader Joe's and, you know, in other stores.

Jessie LopezItem 11

You know, and, you know, I think, you know, council member or Mayor Potembrada, potential food desert. And I think that one of the great things with this council is that we can be creative. And one of the things that the city of Santa Ana can choose to support if that happens, our local food cooperatives here in the city that are doing really well, they're small businesses, we can support them, they can create job opportunities for our community. And essentially, they can also help educate and nourish our community members as well. So where I like to think that when one door closes,

Jessie LopezItem 11

another one will open and hopefully we don't have to get to that point, but you know, as I said, we can be creative, we can be boldly and mayor, I think those are going to be all of my questions, my comments for tonight.

Great, thank you, council member Lopez. So just a couple of things I think, and then we'll bring it back to the maker of the motion and see if we can get ourselves to a vote here. Cause remember we still have closed session, we need to reconvene. And so, so look, I just want to thank council member Pham because I know she did a lot of heavy lift on this. So working with the city attorney's office and working on language and that is very, very helpful. And I want to thank, you know, the, the grocery store industry representatives that met with me. I met with people from Northgate Superior, the California Groceries Association.

And I felt a letter that came from Morrison Forster, their counsel was very, very helpful. I want to thank our city attorney that, you know, walked us through this because I know that we've been pretty cautious. I mean, we were the first city, I think, to raise this early on in the year. And we waited to make sure that we were on as solid a legal ground as we could possibly expect. And I think, you know, we weren't, we didn't have a hair-triggered decision on this one. We thought about this. We, you know, reviewed, you know, some of what was going on in litigation in other cities.

And obviously we saw what happened, you know, the request for the preliminary injunction in Long Beach. It was denied by the court. I read the opinion. It was pretty thorough. It knocked down almost all the causes of action. I think there was only one that there was a question about. But in any event, I think we've been thorough. I think, you know, really what we should say, at least what I want to say is I don't think any of the grocery store industry are villains and, you know, or, you know, that this is meant to be punitive. I think it's meant to help the workers.

And so as much as I've met with the representatives, you know, in the industry, I also walked into stores that I shop at, like Albertson, Stater Brothers, Food for Less, Northgate. And I just spoke with the employees. That's who I wanted to speak with. I wanted to hear from them. And a lot of them live in the city. A lot of them told me that they were scared to death to go to work, you know, as much protection as was given to them. They were there during things when things were spiking and going crazy and people were. I mean, when we had at SV Global, the hospital in Santa Ana, when we had, you know, trailers full of bodies.

Right. They had to continue to go to work under those conditions, knowing that that they were. in a city that had very little relief. And look, to the president's point, I feel much more confident with President Biden at the helm. But I guarantee you, and I'll bet anybody a hamburger, we're not going to be one of those cities that's done in two months getting vaccinated. If there's any truth to be told that at the rate that we're going, Santa Ana is going to be at the tail end of this. I can see it. We're not dealing with agencies that care about this city. That's been obviously the most

the most plain truth, the harshest truth I've seen. So look, to the extent that I think we have an ordinance that's narrowly tailored not to go on indefinitely, I like the adjustments that were made by the maker of the motion to incorporate an offset for credit to those that have stepped up and given premium pay and continue to give it in some way. I know some of them have given you know, one to $2 that continue on, they should certainly get credit for that. I totally agree

with that. And, you know, I think the idea of making sure that, you know, big box stores in the city are treated equally. And that's what I heard from, you know, Northgate, who does, you know, good work in the city. They said, look, just treat us all fairly. Don't exempt those that, you know, just because they have a smaller footprint on, you know, food sales, you know, They should be sort of removed or exempt from this. So I completely agree with both of those. And I applaud all of them for doing what they do and providing services here. I don't think we'll have a food desert here in Santa Ana.

We're probably one of the most densely populated cities in the country. And if you look at the industry, whether it's grocery or any other industry, they like to go in densely populated cities because they know they have a market wherever they drop a store. So I don't think that's going to happen. But I do like, you know, some of the comments that were made, boy, they were music to my ears, because if we want to help everybody in the city, we should really think about a minimum wage increase.

We could do that and we could help everybody. So if we're serious about helping everybody, we should maybe, you know, agendize that for a decision that comes up. And, you know, if we want to think about that. So I welcome those comments. I really think they're good ones. So I think we've been, you know, cautious and everything. But again, I want to repeat just one thing that I said last time is that we shouldn't even be here. These should be things that the industry should have continued to provide because we're still going through a bad time for many people and those workers that provide food for all of us.

And in any event, I think we beat this one to death. There's a motion and a second. And one of the things from the maker of the motion, I wasn't sure whether it was for option one or two. Council member Fan, is there a preference right now?

Thai Viet PhanItem 11

I would like for us to do an urgency ordinance. If the argument is that, you know, vaccines are coming, then let's get them paid while the vaccines are not here. And if that fails, I'll make a motion for the regular ordinance.

Sonia R. CarvalhoItem 11

Mayor, may I just add that I wanted to make clear that the two amendments that the maker made, and we'll wait for that second, is on page four, the definition of grocery store from 15,000 to 10,000 feet. And then on page six, under A1, designated worker and consumer protections, that we would remove the hours of work.

Thai Viet PhanItem 11

So to clarify, thinking about it as everyone was talking, I do not agree with removing the words hours of work, because then that would incentivize certain stores, I believe to lower the hours of work to the point where the hazard pay, you know, I think it would just cut back their work to the point where the hazard pay breaks even. So, so at least my motion right now would just be the 10,000 square feet change.

Great. With the, with the, I think we already have in that ordinance, the recognition of premium pay already being provided. So that was a change from the last meeting to this one. So that's the, the motion is for those adjustments to the ordinance for option one. There was a second by council member Lopez. Are you good with those changes made by the maker

Jessie LopezItem 11

the motion? I am with Council Member Fann's amendment. It's just one amendment. The reduction

of the square feet. Yes. Yes, correct. Got it. Okay. So we have a motion and a second for option one with that amended language. Madam Clerk, if you'll please call roll. Council Member Becerra?

Council Member Hernandez? Council Member Lopez? Council Member Mendoza?

Council Member Fan?

Mayor Patel Peñalosa?

David PenalozaItem 11

This is an urgency ordinance, correct? the option one? Yes. Okay, then no. Mayor Sarmiento? Yes.

Motion carries 5-2. Great, thank you, everybody. Moving along to item number 31, this is to establish city council ad hoc committees for solid waste, housing, school collaboration and a homeless ad hoc committees. I don't think there's a presentation by staff. I think the motion or the agenda item kind of speaks for itself. Madam City Attorney, does this need to be subject to a vote? I aren't these ad hoc committees just simply proposed by the by the chair and you know, there are appointments to those committees.

Sonia R. CarvalhoItem 11

Isn't this a receive and file? Yes, it just would be I guess this was more of a staff report with staff making recommendations for these committees, but ad hoc committees do not require city council votes. Got it. Standing committees would require a vote at the council. Of course,

of course. But that, do we, does staff want to comment on this item at all?

Madam city manager? Certainly. Thank you, Mayor. So the item was agenda so that you, at your discretion could assign the council members to the four ad hocs and then we as staff would begin staffing those and getting them together for a meeting to discuss the specific topics that are spelled out in the staff report great thank you for that madam city manager and

what i'll do is um i uh have some appointments for these for these uh council ad hoc committees um and i want to thank madam clerk and i want to thank my colleagues for submitting their preferences for those different committees. I tried to be as judicious as I possibly could not be too heavy on anybody. But I did want to make sure that at least all of us had a preference because I know some of you gave a preference of maybe two committees. I tried to make sure you were on at least one of those. And I leaned a little bit heavier on because I believe they'll probably need a deeper dive on some of these things that maybe some of

us are more familiar with. So let me go ahead and begin with for the homelessness ad hoc committee, I am going to appoint Council Member Penalosa, Council Member Becerra and Council Member Hernandez. And for the school collaboration, we'll go ahead and have Council Member Mendoza, Council Member Lopez and Council Member Hernandez serve on those. And for housing, we'll have council member fan council member Lopez and myself and on solid waste we only had two takers so we have two people that's enough for it for an ad hoc but uh you know if anybody

wants to join on that one there is a uh you know an open seat and that uh but preliminarily for the two council members to serve on solid waste Mendoza and fan if if nobody else is interested I can go ahead and fill that gap. But if anybody else wants to, please feel free to do that. We'll go ahead and leave that one open. So that being said, I think do we need anything else, Madam City Attorney on this?

Sonia R. CarvalhoItem 11

Unless the city manager needs something more than this item is addressed.

I hope I didn't speak too fast. Mayor Pro Tem, go ahead.

David PenalozaItem 11

I just want to clarify, are these are these final? I mean, there's no If we prefer one over the other, is there any?

It's normally at the discretion of the chair, mayor pro tem. So it really isn't subject to deliberation or vote. It's, you know, I mean, unless you don't want to be on a committee, let us know so we can fill that gap with somebody else.

David PenalozaItem 11

Okay, I would have rather been on the school collaboration because of how closely I've been working with some of the board members over there. and the fact that I just, over the last couple of years, been working towards that. But I would prefer that one. But if that's not an option, if that's not available, then I'd like to refrain from serving on any.

Got it. Okay. So I apologize. That one was the most sought after committee. So there were a lot of people who wanted that as their first choice. but so the only other one you're on is homelessness. So I think, you know, Hernandez and Becerra are on that one. I'll, you know, see if there's any other takers. So, oh, so we have, go ahead.

David PenalozaItem 11

So it's, it's, it's home. Okay. I was thinking the housing one, but, but no, okay. Yeah. I

will stay on the homeless one then. Got it. Got it. Thank you. And, and Madam Clerk, if you'll go ahead and send out the appointments on those to the council just so everybody is copied and again hopefully I didn't speak too quickly but if if you want me to repeat it you can go

ahead and meet with me afterwards thank you mayor just for quite a clarification on the solid waste ad hoc committee did if I receive a communication from any council member interested in wanting to

serve that do you um sure I mean if anybody's if anybody's interested now any takers now uh feel free. I guess we do it on a first come first serve. Thank you.

Great. Moving along to item number 32, the council member requested items. This is to discuss and consider directing the city manager to direct the staff to research and bring back to the council within 60 days a resolution declaring a climate emergency, committing the policies opposing fossil fuel expansion and accelerating the clean energy transition as part of the safe city's movement and endorsing the call for a global fossil fuel non-proliferation treaty. And this is introduced by council member Lopez. So I'll go ahead and turn it over to her.

Jessie LopezItem 11

Thank you, Mayor Sarmiento. First and foremost, I just want to thank all of the residents who have supported this item. It's been really great to hear from you and to hear your enthusiasm. Tonight I'm asking for the support of my colleagues and moving this forward because I do think and believe that we all want to see multiple significant changes and understand that they need to happen to divest from fossil fuels and create a just transition. I wholeheartedly believe in

Jessie LopezItem 11

climate justice, which is racial justice, and environmental injustices are rooted in racism. And climate change will impact all of us. And indigenous and working class communities are already being devastated by the negative impacts of fossil fuels. We have seen a range of events happen over the past couple of years from extreme weather conditions. In California, we have seen wildfires last year in Colorado, Washington, and Oregon, we saw communities destroyed.

Jessie LopezItem 11

And we also know that fossil fuels pollute our air. And, you know, research out of Harvard shows a strong correlation between exposure to air pollution and mortality from COVID-19. And Santa Ana has neighborhoods who have been dealing with particular matter hazards for a really long time and we need to assert our commitment to to the well-being of our communities and and and public health and so I think that the first step in declaring a climate emergency is is frankly the obvious um and also you know investing in green infrastructure reducing

Jessie LopezItem 11

greenhouse gases should be the goal of the city we need to take steps that are in line with the a philosophy that we must invest in the next generation. And so for all of those reasons, I brought this item forward. It is a resolution. I know that it's only symbolic, it's not an ordinance, but I ask my colleagues for their support and for their input, of course.

Thank you, council member. Any other comments, any comments or questions from the council?

Councilmember Fan? Oh, let's go to Councilmember Fan and then Mendoza.

Thai Viet PhanItem 11

Thank you, Mayor. And thank you, Councilmember Lopez for bringing this forward. It's really hard in a city like ours to talk about climate change. I think for a lot of folks, especially in non-English speaking communities, it's, you know, climate issues are complicated in general. And then of course, on top of that, you have the language issues. But, you know, We've seen that here in Santa Ana with the insane flooding that happens every few years. You couldn't drive down the streets with the fact that it's 85 degrees out in January in some days,

Thai Viet PhanItem 11

the fact that it's gotten increasingly humid and over 100 degree weather every single summer consistently. And we know that we're park poor, which means that we have a heat island effect on top of all of those concerns. And of course, with cars, smog, yes, we have gotten so much better than it was in the 80s and 90s. But better than the 80s and 90s doesn't mean we're good. And we know that our city being younger, they are going to inherit an earth that might be unlivable. And I think that that is the biggest concern for me because sometimes with these kinds of issues,

Thai Viet PhanItem 11

We take care of the immediate urgency, which is COVID, but we also have to be stewards of the future and stewards of the land for our communities. And so I definitely support, especially declaring a climate of urgency. And for the city, as we are planning and building, I know that we've had, you know, support for more electric car charging stations and doing what we can to help our educate our constituents and help them get services like for SCE where you can get more fuel efficient or energy efficient you know refrigerators and

Thai Viet PhanItem 11

things like that helping to do that communication and that outreach to our community so that they can benefit from those programs too which will of course serve all of us so thank you so much for bringing this forward and I'm excited to see what we can do to green up our city and make sure that you know we still have a place to return to or our families have a place to be

50 or 100 years from now thank you thanks council member council member Mendoza yes um I have a

several questions that when staff does their research and analysis maybe they could answer these five short questions. So the first one is, if cities are not to use fossil fuels slash natural gas, then what is the proposed energy material that we are to use in order to meet the city's energy needs? Second question is, what is the city's current energy costs for electricity and for natural gas, maybe on a yearly basis.

Number three, what is the cost to upgrade existing city infrastructure other than natural gas infrastructures? Number four, where would the city look for to pay for these additional funds, state or federal grants? And number five, what is the plan for resiliency in case of an emergency or a natural disaster, such as what Texas recently experienced? So if responses to those five questions would be answered in the staff report,

it would help me make a decision that would benefit our communities.

Thank you, council member. Any other questions or comments for staff? Council member Becerra.

Phil BacerraItem 11

Thank you. Thank you, Mayor. I really appreciate where this is coming from. I think that this is something that we do need to think about. And, you know, as we're updating our general plan, you know, we hear more and more about environmental justice and we're doing, I think our staff is doing a fantastic job of trying to address those issues.

And so, knowing that very thin,

Phil BacerraItem 11

I think that as we're looking at these goals to try to accomplish, I would suggest that maybe the general plan update is the place to focus our energies because as those of us that have been on the council know, we were getting close to a point where, after four or five years, we were at a point where we were about to adopt a general plan. And I think with SB 1000 and really looking at our general plan and making sure that it really addresses the concerns that some of our impacted communities have, I think that we are

Phil BacerraItem 11

seeing a lot more or just additional, not more, just additional outreach when it comes to this particular issue. I mean, very specifically environmental justice and the impacts of fossil fuels and what our resiliency as a city looks like so I would just caution us rather than to duplicate efforts to accomplish what I think are the same goals I think we should probably you know steer staff's energy towards continuing that fantastic outreach that they're doing now through the EJ efforts on the general plan update thank you Mr. Mayor thanks council member

Any other comments from staff? Or excuse me, from council for staff?

Okay, seeing none. So, you know, I think that, you know, the comments that were made about this being incorporated into this discussion about environmental justice, I think are helpful. I think we've had a lot of discussions about how do we create an environment in the city where we don't have lead everywhere. And I know I was formerly on the Orange County Water District, and I know Council Member Mendoza is now representing us there.

But I just saw some very odd things when I was there, like what used to be called a kind of in vernacular, the Pineapple Express, which are these, you know, just weather patterns and hydrology events that are just not common, right? I mean, they're just really irregular. And to the extent that we have to recognize that something is changing in our cycles, in our weather cycles, and to the extent we can, you know, prepare at least our community, because there are real consequences to our community. There are

contaminants, unfortunately, you know, in our ground, in our groundwater, there are, you know, contaminants in our soil. And, you know, that's apparent through what's going on with the, you know, streetcar, they're digging up areas where there's contaminants and they're finding them, we see that there's been findings of lead, and we see cancer clusters. And so we need to make sure that AQMD comes out here and does readings. But if we never take this first step, what happens is, you know, we were talking about taking readings way back when I was, you know, a new council

member years ago, and it never happened, right. So to the extent we maybe take some formative, steps now that can be blended into the general plan as well. I think staff's time will be well spent. I think right now, all we're asking for is staff bring back some more information for us to be able to see if we will adopt a resolution declaring, you know, climate as an emergency, and then committing to some policies. I think that would be helpful and instructive. So those would be my comments that, you know, you bring it back, I guess, in a couple of months

or within a couple of months. And that way we have a chance to maybe look at this a little deeper. We certainly don't think that, you know, it should be done by next council meeting, you know, take some time and, you know, we're going to have to, you know, do a little bit of research. But a lot of this stuff is already apparent, right. So I would say connect with the water district as well. They've done a lot of preliminary research, there's been tons of, you know, investigative work done in Santa Ana, there's something called the South Basin case, where they

found, you know, you know, areas, unfortunately, where there's just a lot of contaminants and plumes, you know, you know, underneath the waterbed in the city. So that's what I those are. Those are my comments. That's where I would say we start. But hopefully you had sufficient direction, Madam City Manager. Or Mayor Pro Tem, your hand went up. Go ahead.

David PenalozaItem 11

Yeah, really quick. I just want to make sure that we narrow the cup, no offense to staff. They work very great with the resources we have, but I don't want a couple of months. I've been down this, I mean, I'm sure we've all been down this road before with staff. A couple of months will go on to a year before we see something come back. So maybe if we want to give like maybe 90 days, see it back in three months, which is still under the definition.

David PenalozaItem 11

But this is, I mean, this is something important that we look at how all these different environmental injustices and just the air quality and everything that affects our community. I know that as Councilwoman Fan mentioned, you know, the world that our children and grandchildren are going to inherit is going to, we don't know what that's going to look like, but we could definitely, if we continue going down the same path, we could tell that that's going to be detrimental to their health and probably not a nice one to live in. And so whatever we could do as a city to show our support,

David PenalozaItem 11

as we move forward, that'd be very appreciated, but I'd wanna narrow that down to about three months versus a couple, because I know a couple could sound very, staff could take that and just stretch that as much as they would like to. So no offense to anybody, but trying to get it, not make sure it doesn't get lost in the shuffle.

Great comment. Thank you, Mayor Pro Temp. I think the item says 60 days, so it is literally a couple of months. So I think it's already in there to your point. I think to your point that was, was that what you were going to say, Council Member Lopez? I see your hand up.

Jessie LopezItem 11

Yeah, I know. I just wanted to thank Mayor Pro Temp for his support and the rest of my colleagues. And I do have, I can work with City Manager to provide language. This is something that I've been thinking about. And so I know staff is stretched out thin. And so as much as we can do from the community end to alleviate that, we're more than happy to do so. So as soon as we can provide that, I'm sure that we can see that back within an appropriate timeline.

Thanks. I see Council Member Mendoza's hand up. But before that, you know why I can't see your hand, Mayor Pro Tem, because you have the California flag and it blends into your hand, that your virtual hand blends into that little bit into the California bear. And it looks like it's part of the bear. So that's why I can't see it sometimes. So sorry, my bad. Councilmember Mendoza,

go ahead. Yes, I just wanted to emphasize as my colleague Becerra mentioned, to ensure that we incorporate this issue with our general plan and so that we're not doing a duplicative efforts on this so that we we do it as together so that it it's just one smooth issue and we don't double the work or the efforts of our staff so be sure to take a look at the general plan on this. Thank you for that.

All right. So we've, I think we've, we've already discussed this and staff has plenty of direction. And I think everybody's spoken on this. So let's go ahead and move along to the next item. You know, Madam clerk, I'm just kind of wondering, you know, it's a little clumsy the way I see this. And I'm kind of clumsy as well. I've been clumsy tonight, but going to city manager comments and then council comments and then adjourning and then we have to open up again for you know the housing authority can we just you know recess from the city council meeting open up the housing authority

convene that close that up and then take the special successor meeting you know and you know move on that way and then we can come back to the city council and kind of wind it up with city manager comments and council member comments. Is there a problem with doing that?

Not at all, Mayor, you most definitely can.

All right, why don't we go ahead and, man, my computer froze, unfortunately. Why don't we go ahead and recess the city council meeting and call to order the housing authority meeting, if that's okay, and see if there are any, well, go ahead and call roll on the housing authority, Madam Clerk.

Authority member Becerra? Here. Authority member Hernandez? Here. Authority member Lopez? Here. Authority member Mendoza? Here. Authority member Fan?

Here. Vice Chair Peñalosa?

Here.

And Chair Sarmiento?

Here. So are there any members of the public wishing to address the housing authority, Madam Clerk?

If there are any callers that would like to speak on housing authority items, please dial star nine to virtually raise your hand.

Okay, Mayor, I do not see anyone virtually raising their hand.

Great. So we have consent calendar items one and two. I'll entertain a motion to move those items. So moved.

Is there a second? I'll second Mr. Mayor. Great. We have a motion and a second. Madam Clerk, if you'll please call roll.

Authority member Becerra? Yes. Authority member Hernandez? Yes. Authority member Lopez? Yes. Yes. Authority member Mendoza? Yes. Authority member Pham? Yes. Vice chair Peñalosa?

Yes.

Chair Sarmiento?

Yes. Thank you everybody. That's the end of the consent calendar. Seeing no housing authority member comments, I'll go ahead and adjourn the housing authority and call to order the special successor agency meeting. Madam clerk, if you'll please call roll.

Council member Becerra?

Here.

Council member Hernandez?

Here.

Council member Lopez? Here. Council member Mendoza? Here. Council member Fan? Here. Mayor Potempeñalosa?

David PenalozaItem 11

Yes. I mean here.

Mayor Sarmiento?

Here.

Now you can say yes after this. I've got a consent calendar items one, two, and three. I'll entertain a motion on those.

So moved.

Second. Motion by council member Mendoza. Second by Becerra. Madam clerk, please call roll.

Council member Becerra.

Yes.

Council member Hernandez.

Yes.

Council member Lopez. Yes. Council member Mendoza. Yes. Yes. Council member Fan. Yes. Mayor Pro Tempeñalosa.

Yes.

Mayor Sarmiento.

Yes. Thank you everybody. I'll go ahead and adjourn the special successor agency meeting seeing no comments from any agency members. And I will reconvene the city council meeting and bring it back to the city manager for her closing comments.

And no comments, sir.

Great. Thank you. I'll bring it back to the council.

Let me start with, boy, I lost my order here. Council Member Becerra, go ahead.

Phil BacerraItem 11

No comments this evening.

Great, thank you. Council Member Hernandez.

Johnathan Ryan HernandezItem 11

Yes, Mr. Mayor, I just wanted to take the time to send my condolences to AFSCME Local 2076 and the Fox family. We lost a labor warrior to COVID-19 earlier this month this month in the month of February to COVID-19 complications and an unexpected loss for many of us. I started my career in labor and I saw her as somebody that was very much a mentor and a champion for labor and just wanted to send my condolences to her family and to all the members of local 2076. We are with you.

Thank you, council member Hernandez. Council member Lopez.

Jessie LopezItem 11

Yes, thank you, mayor. and I too want to send my condolences to the folks that John, that council member Hernandez just mentioned. And I wanted to give three updates. As Laura Young said earlier today, my office is working with the vector control to bring two presentations, three presentations I should say, for war three residents. I know that we, that come spring, the end of spring and summer we have a big mosquito issue and so we're going to be presenting an English, Spanish, and Vietnamese for War III residents and the first day is going to be March 23rd and then the second

Jessie LopezItem 11

is going to be March 30th and we're going to be pushing all of that information out from my social my Facebook page our social channels. I'm also meeting with the Verbeview Neighborhood Association next week and Portola Park and the Sherry Lane residents to discuss the parking issues that they they are experiencing. And if anybody has any questions, feel free to reach out to me via email or text. And those are all the updates. Thanks.

Thank you, Council Member Lopez and happy birthday once again. So glad you're spending it with us. I'm sure this is exactly the way you want to spend your birthday.

Council Member Mendoza.

Yes, I wanted to bring to the attention of the public about the recent consumer alert by our Attorney General Becerra regarding the reported COVID fees charged to patients.

And so I'm just asking the public to be cognizant that some facilities are charging either your insurance companies or Medi-Cal or Medicare extra fees for what is called COVID fees, which is allegedly for the extra precautions that they are needed to take in order to keep everyone safe. However, those should not be charged. Those should all be part of the service.

And so go to check your bills, your Medi-Cal and ensure that. And also it'll affect TRICARE. And if there are anyone that needs assistance, just contact the Attorney General's office for that. And those are all my comments.

Thank you, Councilmember. Councilmember Fan. Thank you, Mayor. So, first of all,

Thai Viet PhanItem 11

I want to say thank you to everyone tonight, staff, and all the public who called in. My comments are a bit more solemn. I wanted to bring attention to the incredible and disheartening rise in hate crimes against the Asian American community all over the United States and here in Orange County. So many of us, you know, we saw the rhetoric that was happening in public from the former president and all the racist talk. Here in Santa Ana, we had a Buddhist temple that was

Thai Viet PhanItem 11

vandalized. And we've seen cases in neighboring cities in Garden Grove in which a Vietnamese his family was being verbally assaulted and called names and derogatory terms in their own backyard. We've seen cases here in California in the Bay Area in which Asian American seniors were attacked, beaten, and in some cases murdered because they were Asian. And I can't imagine you know, the fear that they live with every day. But just a couple weeks ago, you know, I told my

Thai Viet PhanItem 11

mom, who's almost 70, she's handicapped. She doesn't speak English. And I said, when you go to the grocery store, please be careful, because someone might attack you. That's insane that we have to say that to our families. And, you know, February being Black History Month, that is something that Black families have experienced every day of their lives. And so I guess my point in bringing this up is I hope that all of us can treat our neighbors as friends and not as enemies or foreigners or outsiders, whether or not we speak the same language, share the same food or share

Thai Viet PhanItem 11

the same culture. I think it's really important that we look out for one another, especially during this time when tempers are high, everyone is stressed, everyone's afraid, whether it's COVID, whether it's work, whether it's, you know, just anything. So please take care of each other, look out for one another. And if you see any old Asian people, just make sure they're doing okay for me. And hopefully we can work to fight this racism and this increase in violence. And, you know, families can feel safe again, walking down the street in their neighborhood.

Thank you. Thank you for those important words, Councilmember Phan. You know, look, I would just simply if if the council doesn't mind maybe direct staff to see if there's any good legislation I'm sure that there is that protects you know the Asian community from these types of assaults really you know and if we can support that legislation whether it's federal or state I think you know that's what this council should do whenever there's good legislation out there

And if there isn't, maybe what we do is we, you know, send a resolution to that effect to some of our, especially our local delegation, both federal and state, and let them know how important it is. Because we represent many that are victims. And I think to the council member's point, I mean, we, you know, we got to protect one another, but sometimes we have to be vocal about it as well. And this council has never been timid about that. And that's one of the good things. So in any event, thank you for that, council member Phan. Mayor Pro Tem, Peña Losa.

David PenalozaItem 11

I have no comments tonight, Mr. Mayor. I just wanted to, I mean, thank staff for everything. You guys have been working on fumes the last couple of months. Can't thank you enough.

Great, love those comments. I want to thank, I'll go ahead and just wind up. I want to thank members of the public who came and addressed us and also staff for all the good work and colleagues for all of you. I know that we don't agree on all the issues, but we always have good discourse. And I think what's important is that we try to arrive at something that balances everybody's interests. So I certainly appreciate all of you and the good work that all of you do in your spheres. So with that, I need a little help. Madam clerk, do we, do we adjourn or do we recess public session to go into closed or are we,

I forget where we were on that.

So we can adjourn the city council meeting and reconvene to closed session.

Do you need us to stay on or do we disconnect and then reconnect again to the link for the closed session?

Correct, we'll just go ahead and disconnect from here and then we're gonna go ahead and connect to the closed session. That same one that I sent to the full council.

I have a question. Excellent, thank you. And for the public, we'll go ahead and adjourn the city council meeting and we will be reconvening closed session. Thank you all. Have a good night. See you, council members.

Thank you.

Thank you.