Read the October 18 meeting.

Let's dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub

Thank you.

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That's what we're going to do with it.

Thank you.

Thank you.

We'll be right back.

This is John, can you hear me?

Yes.

Fatima, can you hear me? We can hear you.

Okay, great. Can you try a few other mics please?

Testing.

Actually, I'm not hearing anything through my Zoom interface.

Testing.

No, I'm not hearing it. Let me go check the AV room.

I'm not hearing it through my phone.

The zoom interface is unmuted.

All right, Fatima, can you try it again, please?

Testing, one, two. Perfect, I can hear you. And how do I sound?

You sound clear. Okay, can you try one more mic, please?

Testing, testing. Thank you. You sound great. Thank you very much.

Thank you.

50 to 200 right to get to him yeah

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

When no sean muchos, les dices a todos que esperen en nada.

Thank you.

Thank you.

We'll be right back.

Let's dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

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Thank you.

Thank you.

We'll see you next time. Thank you.

Thank you.

We'll be right back.

We'll be right back.

Thank you.

Thank you.

Thank you.

I love you.

Thank you.

Thank you.

Thank you.

Thank you.

Great. Good afternoon, everybody. Let me go ahead and call this special closed session meeting of the Santa Ana City Council for October 18th, sorry, 2022 to order. I'm going to go ahead and just start with some opening comments. This meeting is taking place with in-person attendance and by teleconference via Zoom. The public can access the meeting via the San Antonio YouTube channel or the city's website and as always please bear with us as the technology may disrupt the flow of the meeting. I'm going to go ahead and turn it over to the clerk staff so she can call roll.

Councilmember Hernandez.

Councilmember Lopez. Here. Councilmember Mendoza. Present.

Present.

Councilmember Peñalosa. Present. Councilmember Fan. Here. Mayor Pro Tem Becerra. And Mayor Sarmiento.

Here. So I understand there may be some council members that are en route, so they'll be joining us soon. Madam Clerk, do we have any speakers, members of the public that wish to address us on any closed session items?

No, we do not.

Great. Do you want to go ahead and make your comments before we move along?

The public was able to join the speaker queue at 3 p.m. to speak on closed session items only. To provide a comment at this time for closed session items, please dial star 9 from your phone or select raise hand from Zoom now. We don't have any, Mayor.

Great. Thank you. So we'll be recessing into closed session and then we'll reconvene into open session after we're done. Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

We'll be right back.

Thank you.

Thank you.

Thank you.

Thank you.

Let's dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub

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We'll be right back.

Thank you.

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Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Amen.

Thank you.

Thank you.

Thank you.

Thank you.

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We'll see you next time. Oh, my God.

Thank you.

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Let's dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub

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Let's get to the dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub dub

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We'll see you next time.

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I love you.

We'll be right back.

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Thank you.

Good evening, everybody. Let me go ahead and call this regular session of the Santa Ana City Council meeting for October 18, 2022 to order. Welcome. Let me begin with a couple of apologies. First, we apologize for coming out so late. We know that many of you have business before the council and many of you are going to be recognized and we certainly value your presence and we value your participation and we thank you for bearing with us. The second apology I'll make is on my behalf and on behalf of the council. I know at the we had a clerk that used to work here many many years ago when I first started as a council member and

she would call this the silly season as we get closer to the election. Emotions get heightened we get a little bit more excited and I know at the last council meeting there was some conduct that was unbecoming of this council and I want to apologize on behalf of all of us because as mayor the buck stops with me and I have to set the tone so I will try to do better. I hope that my council colleagues will indulge me you know with that I think that we can all be very very passionate about our public policy decisions and our opinions but we can certainly try to be better with respect to respecting one another's you know one another's

positions. We can agree to disagree respectfully. That's what we owe our public. That's what we owe our residents. That's what we owe our city staff. So that will begin with me. I want to make sure that we begin on a tenor of good faith and fair dealing and making sure that we provide good examples of proper decorum here. So with that, let me go ahead and just begin with some opening comments and say that this meeting is taking place with in-person attendance and by teleconference via Zoom. The public can access the meeting via the Santa Ana YouTube channel and the

city's website. And please bear with us as the technology may interrupt the flow of the meeting. I'm going to call on the clerk staff to please call roll.

Councilmember Hernandez.

Councilmember Lopez.

Councilmember Mendoza. Present. Councilmember Peña-Losa. Present. Councilmember Fan. Mayor Pro Tem Becerra.

Here.

Mayor Sarmiento.

Here. Madam Clerk, before we go to the Pledge of Allegiance, and I'm going to call on Councilmember Mendoza to lead us in the pledge this evening, will you please make your opening remarks.

To request to speak on agenda or non-agenda items within the City's jurisdiction with the exception of Public Hearing Item Number 23, please dial star 9 from your phone or click the button labeled Raise Hand from Zoom at this time. Please hold your comments until the Mayor opens Public Hearing Item Number 23 only. Please announce your name and word or neighborhood you reside in within the City of Santa Ana for the record.

Thank you. Let me now go ahead and call on Council Member Mendoza to lead us in the Pledge of Allegiance.

Please stand.

Place your right hand over your heart. And the military and veterans may salute our beautiful flag. Ready? Begin.

David Penaloza

I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.

please remain standing yeah thank you if we could have pastor matt doan please uh approach and uh lead us in our words of inspiration for tonight great good evening mayor good evening council

members it's my joy to be here pastor at calvary church santa anna uh this month we're celebrating 91 years as a church here in the city of santa anna which i'm so excited and proud of and i'm a resident here of Santa Ana, 21 years in Councilmember Lopez's district. So again, joy to be here tonight. I just want to give a brief word of encouragement and then I'll pray. I promise everyone that's standing and been waiting. But as a leader, whether it's leading a little league team or leading a church or leading a city, it's not easy. And I think I've

discovered that over my 20 plus years of being a pastor. I thought I had all the answers and then I stepped into leadership and I realized I didn't know much. And over the time I've been leading at Calvary Church, I had a mentor that said, Matt, you're a sensitive guy, and I want to give you a word of encouragement, and that is, I want you to have thick skin and a soft heart. And what he meant by that is, as a leader, we're always going to have people's expectations on us. We're always going to have the pressure, the stress of leadership. We're not going to make everyone happy. That's

just how it is in every realm. And so to have a thick skin, not to be crushed by criticism, but then to have a soft heart, to have a heart that cares for people at all times. And so that's my prayer that I want to give to our meeting here tonight, and I want to give to our city, my fellow citizens as well. So let me pray. Heavenly Father, I thank you for this council and how you've called them to step into leadership for our wonderful city. God, would you give each of them thick skin, not to be crushed by criticism or the weight of hard decisions. But God, I also pray that you'd give them soft hearts,

soft hearts to care for one another, to care for our city, to care for the issues and the people at hand tonight. So God, I pray all of this in the name of the one that I pray to, Jesus Christ. Amen.

Thank you, everybody. Thank you, Pastor. Let me go ahead and begin with our first ceremonial presentation. I'm going to call on Mayor Pro Tem Becerra, who's going to be declaring and proclaiming October 2022 as Filipino American History Month.

Phil Bacerra

Good evening, everybody. If I could have Mark Pulido and Dr. Ron Buenaventura join me in front of the dais. Tonight we'll be recognizing October as Filipino American History Month.

Phil Bacerra

So the earliest documented evidence of Filipinos in the continental United States occurred on October 18, 1587, when mariners under Spanish command landed in Morro Bay, California. Many Filipinos, including my own Filipino grandfather, came to the United States in the early 20th century. My grandfather moved into Santa Ana over on 5th Street, just down the street from Sarianas, which, unfortunately, his house is no longer there today, but he was right within walking distance of that wonderful establishment. October is an appropriate time to promote and reflect on the richness of Filipino and Filipino-American history and culture.

Phil Bacerra

It provides all Americans with the opportunity to learn, honor, and appreciate Filipino American history and their identity and their historical and social contributions to the fabric of the United States. Next Tuesday, October 25th, Filipino Americans will be celebrating the 109th birthday of famous labor organizer Larry Itlion. Now Larry came to the United States in 1929, and in 1965 he was already leading the AFL-CIO's Agricultural Workers Organizing Committee, or AWOC, of which the majority of the committee's members were Filipinos who had arrived in the United States in the 1930s.

Phil Bacerra

On September 8th, 1965, AWOC voted to strike against grape growers up in Delano, California, to pressure them into granting higher wages and better working conditions for those that that were out in the fields. The grape growers responded by attempting to hire Mexican farm workers, to have them cross the picket lines and break the strike. Larry reached out to a person that many of us know, Cesar Chavez, who was then with the National Farm Workers Association. He asked them to join AWOC in the strike. So on September 16th, 1965, the members of Chavez's NFWA

Phil Bacerra

NFWA overwhelmingly voted in favor of joining the Filipinos in the strike. So Filipino and Mexican farm workers officially joined forces to picket and fight for farm labor justice. AWOC and the NFWA would later merge to form the UFW, or the United Farm Workers. After working with Cesar Chavez and Dolores Huerta on the UFW, Lariat Leon dedicated his efforts toward building a retirement facility for UFW workers in Delano, known as Ogbayani Village. I'm very proud of the fact that my grandfather was right alongside Larry Etliang and Phil

Phil Bacerra

Vera Cruz as a master carpenter in helping realize Ogbayani Village. That project is located on the historic 40-acre site just around the corner from where Cesar Chavez ended his 1968 hunger strike. So like Larry Leong, Filipino Americans and their families have truly enriched our nation, our state, and our city through their work and contributions in organized labor, agriculture, their service in the armed forces, nurses, like my wife, doctors, engineers, scientists, accountants, entrepreneurs, and teachers, as well as their participation in public offices,

Phil Bacerra

I'm looking over at you, Mark. Thank you. Civic affairs and community activities. Today, the Filipino-American community is the second largest Asian-American group in the United States and is the third largest ethnic group in California, only behind Latinos and Caucasians. Today, the city of Santa Ana declares October 2022 as Filipino-American History Month and encourages the community to study and explore the advancement of Filipino-American culture, people, traditions, and values that have positively enriched our city and our nation. And today accepting this proclamation are Mark Pulido, member of the Filipino American National

Phil Bacerra

Historical Society, LA chapter, and also former mayor of Cerritos, and Dr. Ronald Buenaventura, president of the Los Angeles chapter of the Filipino American National Historical Society, and longtime former national trustee of the Filipino American National Historical Society. That group, by the way, is the organization that conceived of and advocated for the establishment of October's Filipino American History Month. So with that, I'd like to turn the mic over to you gentlemen.

Well, as the president of our Los Angeles chapter of the Filipino American National Historical Society, we don't often hear stories about Filipino Americans. It's unfortunate that it continues to be overlooked, buried, and forgotten. But by standing here with your city of Santa Ana, we are able to recognize the contributions of Filipino Americans, and we are very humbled and very thankful for the city of Santa Ana. Thank you.

Thank you, Mayor Pro Tem Becerra, Mayor Sarmiento, all of the honorable city council members, your city manager, and dedicated city staff. It's such an honor to be here because about three years ago, I was last here in the chambers, years. November 2019, when Filipino American history was made here in Santa Ana, when the Honorable Phil Becerra was sworn into office as the first of Filipino ancestry to be elected

in this great city. And the history that he shared about Manongleri Itlion and how he came together with Cesar Chavez in 1965, I think about the year after when he ran as probably the first Filipino to ever run for public office in America for Delano City Council. So I think of him and I say tonight we're standing on his shoulders and the shoulders of your grandfather, Candido Becerra, who as a master carpenter, yes, he helped build that great union,

the United Farm Workers Union, but also he helped build Orange County. I understand that he was a carpenter that helped build Disneyland.

So oftentimes Filipino Americans in America that were 4.2 million strong and growing were seen as invisible. And that's kind of a, you know, seen as invisible.

But more and more these days, thanks to great cities like Santa Ana, like the great state of California. And thank you to President Biden, who last week also celebrated at the White House last Wednesday, Filipino American History Month. So thank you to this great city, and thank you for your leadership. and we look forward to continued partnership in the years to come. Thank you. Thank you, Mark.

We're on the side.

Thai Viet PhanItem 2

Next up, we have Councilmember Jesse Lopez, who will present the certificates of recognition to the Santiago Elementary School speech and debate team for exemplary academic achievements.

Thai Viet PhanItem 2

I'm being told I have good announcer voice, so we'll keep with that.

Jessie LopezItem 2

Hi, good evening everyone. Well, first, before I get started, I do want to thank Pastor Don for your beautiful and inspiring words. I always love listening to you. And as you can tell by now, I'm a big fan of our speech and debate club or initiative here that we have in the city of Santa Ana that is supported by our school district. And when I was reached out about Santiago Elementary, I was kind of taken back because I actually didn't know that elementary schoolers could be part of the debate team. And so, you know, of course I said yes, very happy Santiago Elementary is also part of War 3.

Jessie LopezItem 2

And I'm very happy to present today's recognition to Santiago Elementary's speech and debate team. We're going to start with the teacher, Mr. Eric Rossman, and our students, Amelia Jasper, Layla Parra, Julia Nguyen, Damian Dominguez, Esmigaluchi, and Wyatt Malfon. And today we are going to welcome the Santiago Elementary School Speech and Debate team. And at Santiago Elementary School, students who join Speech and Debate learn the importance of teamwork, responsibility, sacrifice, and commitment. And additionally, they and Speech and Debate are widely regarded as one of the most helpful

Jessie LopezItem 2

extracurricular activities a student can participate while in school and so this group of students before me they were all first-year speech and debate competitors and the students competed in several inter-district tournaments to qualify for the team at the state level and their topics ranged from informative to storytelling to prose and so with the leadership of fifth grade teacher Mr. Rossman the team plays first overall in the California Small Schools Division including public charter and private schools yes

Jessie LopezItem 2

and Santiago Elementary proudly represented Santa Ana Unified School District the city of Santa Ana and War III and today we recognize the students exemplary academic achievements and their their hard work during their spray their speech and debate tournaments and so we're gonna hand it over to mr. Rossman and then to everyone to give a couple of words

all right thank you to the Santa Ana City Council for letting us be here tonight it's a great honor I think councilwoman Lopez said it best when we're just very happy to represent not just Santiago Elementary School but also Santa Ana Unified School District and we're proud to be all from here in Santa Ana so bringing back this state championship was important for us to do for everyone here tonight too

Looks like I got called out, so I'm about to wean this, okay? So this is not going to sound good, but it's okay.

When I first joined the speech and debate team, I knew my fluency was not as good as it is today. It helped me grew confidence and learn my power of my own voice.

But when we, I did not realize it took lots and lots of dedication.

But here I am today.

When I joined Speech and Abate, I didn't join exactly on schedule. I joined mid-time and I wasn't really experienced with talking in front of crowds and everyone watching you like posing and everything, reading your scripts out to the world. And I was really surprised when the results came back to the championship

of getting first place for informative against my classmate, Omlea Jazzbar. And when I had to do the state championship as well, it wasn't really easy because I was then with my father and the only way I could actually do it was on the deadline in a truck. and even that I was also really surprised when I was accepted doing my speech in a truck so

Jessie LopezItem 2

well thank you for being superstars and for representing the school district and the city very well. We're all very grateful. Keep going.

Thank you.

It's okay. It's okay.

Phil BacerraItem 2

All right. So next up we have Councilmember Mendoza who is going to be presenting a proclamation, let's see, for Childhood Cancer Awareness Week. Go ahead, Councilmember Mendoza.

Thank you, Pro Tem Becerra. I apologize that we came out a little late. I feel really bad because I know we had a lot of people. So thank you for being patient, and I promise not to do it again until the next time.

It is my honor and my pleasure. And by the way, the representative who is accepting this is on Zoom, okay? So they are here with us. It is my honor to present such a noteworthy proclamation for such a very serious condition that exists in our world. One day, we will have somebody who finds a cure for all cancers, and I hope it's during my lifetime. My son is a biomedical scientist, so I keep urging him daily, did you find it? Did you find it? Is it here?

So let's pray for many, many scientists to come together to find the cure for the cancer.

Domestic violence programs.

I apologize. Somebody switched us.

Thank you.

Wow. Domestic violence and cancer don't go together. So the American Cancer Fund for Children and Kids Cancer Connection, KCC, report cancer as the leading cause of death by disease among U.S. children between infancy and 12 years of age. This tragic disease is detected in more than 16,000 of our country's young people every year. It is unfortunate that one in five children loses their life battling cancer.

Steve Firestein, who founded this nonprofit in 1994 after experiencing his own brush with mortality, he wanted to give back and help those in need. KCC provides a variety of vital patient psychosocial services to children undergoing cancer treatment at Children's Hospital of Orange County, CHOC, Memorial Care Miller's Children and Women's Hospital in Long Beach, CHOC Children's Admission Hospital, Kaiser Permanente Medical Center, and at participating hospitals throughout our country.

Their purpose is to provide a safe and close-knit community where every story is heard and each person's needs are addressed with respect and care. They offer programs like services, like the Courageous Kid Recognition Award, and the Positive Appearance Center, which focuses on giving back some of the self-confidence and sense of worth that cancer can take away. with their contributions to help increase public awareness of childhood cancer, the City of Santa Ana proclaims October 30, 2022 to November 5, 2022

as Childhood Cancer Awareness Week. Steve Feierstein was unable to attend today's council meeting and is viewing this presentation virtually. However, he did send his words of appreciation for this proclamation. City Clerk, would you please read Mr. Firestein's comments?

I would first like to thank the City Council, Councilmember Mendoza, Mayor Sarmiento, and the City Council for supporting Childhood Cancer Awareness Month. Children with cancer need a lot of support via family, medically, and from the community. Raising awareness about childhood cancer is a large part of this. That is what we are doing here today. These children are brave, strong, and determined, as are their families and loved ones. They have to be to face this battle. Through our work at Kids Cancer Connection, American Cancer Fund for Children, and in association with the support of

government, we are able to further assist these amazing children and their families. So again, thank you for honoring these children and offering your support in the battle against childhood cancer. We can only hope that one day we will no longer need to issue this type of proclamation.

Thank you to this wonderful individual for starting this organization.

Thank you, Councilmember. Let me now call on Councilmember Peñalosa who is going to be presenting a proclamation declaring October 2022 as National Pregnancy and Infant Loss Awareness Month.

David PenalozaItem 3

Good evening, everybody. I'd like to dedicate this proclamation to the millions of families around the world that have suffered this loss. Many parents and families across the United States are devastated each year by the loss of their child to miscarriage, stillbirth, SIDS, or any other cause at any point during pregnancy or infancy. In the United States alone, one out of every four pregnancies ends in miscarriage, and one in every 160 pregnancies ends in stillbirth. These numbers do not include infant death from preterm labor, diagnosis of life-limiting conditions, or sudden

David PenalozaItem 4

infant death syndrome commonly known as SIDS. The grief of these families and the loss of their babies lives are very rarely acknowledged or talked about due to broadly applied social and cultural taboos to stay silent. This past summer my partner and I with what was supposed to be very exciting and joyful time suffered a miscarriage while we were expecting a baby. the the day that we were supposed to go in to hear the heartbeat we we heard nothing

David PenalozaItem 4

and to say that it's one of the hardest things that i personally experienced in my life would probably be accurate because you you in such a short period of time you imagine what your life is going to be the rest of your life and to all of a sudden you know it's like a punched to the gut and get ripped away of what, you know, was supposed to be.

David PenalozaItem 4

And I think what was very eye-opening was that not only is it not often talked about with how common it is, but the medical professionals are also very dismissive with what, you know, the news that just broke to you.

David PenalozaItem 4

In 1988, U.S. President Ronald Reagan declared October as National Pregnancy and Infant Loss Awareness Month to recognize the unique grief of bereaved parents in an effort to demonstrate support to the many families who have suffered such a tragic loss. Bereaved parents around the world remember their children annually on October 15th with the candle lighting known as the wave of light. Some would remember their child or children in their homes, while others would remember them in small gatherings around the state, across the nation, and around the world. And this would unify these parents in tribute to their children.

David PenalozaItem 4

From October 14th through the 16th, the Santa Ana Water Tower was lit up in pink and blue, which are official awareness colors of pregnancy loss.

David PenalozaItem 4

October 2022 marks the 34th annual National Pregnancy and Infant Loss Awareness Month. And this month-long event serves to educate the public about safe pregnancy in an effort to prevent other families from losing their babies during pregnancy or infancy. The City of Santa Ana declares October 2022 as National Pregnancy and Infant Loss Awareness Month and encourages parents, caregivers, and all residents to become educated in opportunities to prevent pregnancy and infant loss and support bereaved families when prevention is not possible. Just one thing that I did learn over the last couple of months is that us as human beings,

David PenalozaItem 4

you know, we're used to being in control of a lot of things. but it has helped me in in strengthening my faith in in remembering that there is you know we're not in control of everything and you know god's timing is is perfect and at the end of the day he is in control of everything so with that you know i would like to present this proclamation it will be sitting i guess at our city clerk's front desk upstairs for anybody who want to take a gather at

it or look at it and that's it thank you for that let me call on councilmember fan for the last presentation and this will be a proclamation declaring October 2022 as domestic violence awareness month thank you so much and I see that

Thai Viet PhanItem 4

Daniel Sanders please come up. Hi everyone. So domestic violence programs in California truly provide essential life-saving services for survivors, their children, and our communities. The marginalization of certain groups in society including undocumented individuals, transgender individuals, and people living with disabilities increases their vulnerability to domestic violence. Children who are exposed to domestic violence can experience long-term consequences including difficulty at school, substance

Thai Viet PhanItem 4

abuse, behavioral problems in adolescents, and serious adult health problems. This proclamation recognizes that every one of our residents deserve to live a life free from violence and abuse. And before I go on further, I want to also clarify that domestic abuse is not just physical violence. It's not someone hitting you, but it's that plus emotional abuse, mental abuse, financial abuse, immigration abuse,

Thai Viet PhanItem 4

mental abuse and reproductive abuse. There's so many ways that a person can harm others in an intimate relationship. It might be a romantic partner, it might be a parent, or it might be a sibling or a cousin, but these are all things that warrant better understanding and better treatment. So through this proclamation, we pledge to ensure that victims of domestic violence know that you're not alone and that our community that Santa Ana is here to support you as you courageously move

Thai Viet PhanItem 4

forward to enjoy your full and healthy lives so here to accept this proclamation is Daniel Sanders associate director of legal services from the women's transitional Living Center the first domestic violence program in Orange County and the third oldest in the nation. Would you like to talk about the WTLC's impacts? Of course. Thank you.

Pardon me. Okay, he's a little bit taller than you.

I don't know. Do you mind? Thanks. I've got to grab this one here. Thank you very much. Thank you, Councilmember Fan. On behalf of WTLC, I would like to thank the Santa Ana City Council tonight, as well as our partners in the community, for recognizing October as Domestic Violence Awareness Month.

One in three women and one in four men will experience some form of abuse at some point in their lifetimes. WTLC has been serving survivors of domestic violence since 1976, working to create safer and healthier communities through prevention, education, and community outreach. We hope that you will join us this month by getting involved in some of our awareness events and activities. Thank you very much for your support.

Thank you for that. That moves us along to the next item. I'm going to ask the city attorney if there's anything to report out of special closed session.

Sonia R. CarvalhoItem 4

items on the agenda, but we do not have any reportable action.

Great. Thank you. We'll move along now to the public comments section of the meeting. So this is a time and place for the City Council to receive comments from members of the public on agendized and non-agendized items. And pursuant to the Brown Act, the City Council may not enter into any discussion at this time. We will hear from members of the public that are present here in chambers, and then I will ask the clerk to go ahead and call on those that joining us virtually and by phone and as you know you will have three minutes you don't need to exhaust the three minutes if you don't if you don't need to please

let us know your name let us we don't need a specific address but if you live in the city please let us know what ward you live in that would be helpful madam clerk do we have anybody on the on conference call or by zoom yes we got it so let me begin well why don't you go ahead and make your your statements and I'll go ahead and call on those members who are members of the public who are

here physically. Speakers on the queue may provide their comments on agenda or non-agenda items within the city's jurisdiction. When unmuted, please announce your name, ward or neighborhood that you reside in within the city of Santa Ana for the record. To request to speak, dial star 9 from your phone or select the raised hand from Zoom now. Before unmuting callers, I would like to begin by reporting out the following summary of emails provided as of today. We received two on non-agenda items we received two emails from lowrider organizations in

support of repealing the no cruise ordinance we receive on item number 21 the rent stabilization ordinance we received correspondence in opposition of the rent stabilization ordinance for item 22 the police oversight Commission We received emails from 10 residents, one non-resident, and nine organizations in support of the Oversight Commission. And for item 24, the cold weather shelter, we received one email in support of a resolution opposing the cold weather shelter operating in the city.

Great. Thank you for that. let me go ahead and begin with these green speaker cards from those who are with us in person. Let me begin with Andrew Rivas followed by Jennifer Rojas followed by Fernando Delgado.

Good afternoon everyone, good evening everyone on City Council. My name is Andrew, Ward 5 resident. I'm a part of our education system here. Got my bachelor's in Fullerton and decided to stay here and uplift our communities. I hope we all share the same sentiment. Everyone here on this council took an oath to support and defend the Constitution of the United States.

Andrew, can you get a little closer to the microphone? Thanks.

In particular, our Bill of Rights is important to our community. It gives us the right for grievance, right from search and seizure, freedom of the press, and freedom of speech, among others. I know it's very critical to the community. So here we go. About four weeks ago, Council Member Hernandez and I had gone to a disagreement over a personal issue. I was called on my cell where I was called a danger to my community, which I think personally is conduct on becoming of a congressman. Sorry, council member.

He also recalled the support for a life saving initiative due to his perceived danger. However, that's his prerogative, but questionable, I'd say. About two, three weeks ago, I imagine accounts for a living. That's what I do with social media. and I noticed that my personal account was blocked through Councilmember Hernandez's stories. Him doing so is a direct violation of my civil liberties.

There's a narrow limit for a government account to personally block. Personal opinions expressed offline are not one of them. Let it be known that all I ever really did on his account was like and view stories, really.

Back in 2018, I entered litigation with the Rancho Santiago Community School District and board back in 2018 over First Amendment violations and restored rights to 55,000 students. Ms. Mendel, as I'm sure you might recall, way back when.

To quote you, Councilmember Hernandez, quote, the residents would be losing out on very valuable access to resources, information, and most importantly, service. We work for the people.

at the end of the day. There are people who need us and are expecting us to serve them, and we're adults that choose to run for office and to be ethical to our community. We should stay true to that. Councilmember Hernandez, blocking people out of emotion speaks volumes to you, to the kind of public servant and leader you are. If you claim to be an adult, act like one. Stay true to your word. You should know how to treat your constituent. And thanks for your time.

Jennifer Rojas followed by Fernando Delgado followed by Jenny Bianchi followed by Hector Bustos.

Good evening Mayor Sarmiento and City Council members. My name is Jennifer Rojas. I'm the Policy Advocate and Organizer with ACLU SoCal based here in Orange County. It's great to be here in person today. I'm speaking before you on Agenda Item 22, the Police Review Commission draft ordinance discussion. First, I want to commend the City Council for directing city staff to examine the police oversight ordinance authored and supported by community-based organizations. We also commend the City Attorney's willingness to meet with community-based organizations

to discuss our policy language and our recommendations. I'd like to expand on some of the recommendations included in the letter that we sent to the City Council last week. First, the Police Oversight Commission must have independent investigatory authority. This means that the Commission must be empowered to receive, investigate, hear, make findings, and recommend action regarding all complaints filed against members of the police department. Complaints must not be limited to only serious uses of force, sexual assault, dishonesty, or discrimination.

information. We believe the Commission must be empowered to conduct investigations into other types of misconduct, such as, but not limited to, the failure to intervene and civil rights violations. This also means that the Commission must be empowered to conduct investigations of serious incidents whether or not someone has filed a complaint. For example, if there's a police shooting or a serious allegation uncovered in the media, we believe the Commission must be empowered to investigate, not simply review SAPD's internal affairs investigation.

Second, the Commission must have access to relevant SAPD files, documents, and records, except as otherwise prohibited by law. The Commission should be granted access to records that are at the discretion of the police department to disclose. We believe the ordinance must include language that establishes the coordination between the police department and the Commission. Third, we believe the Commission must be empowered to issue disciplinary recommendations for officers that are found to have engaged in serious misconduct by the Commission's investigations. These

recommendations should be issued to the Chief of Police and the Internal Affairs Division of SAPD. An independent investigation will be meaningful only if its findings then inform the basis for deciding whether and to what extent to discipline an officer. SAPD should not be permitted to ignore the Commission's investigations and fact-finding. Fourth, the establishment of the Police Oversight Commission must increase transparency of the Police Department. We believe the Commission must be required to conduct public meetings on matters of the greatest importance to residents.

And finally, we also wish to see more reporting from the police department. Thank you.

Thank you for that. Fernando Delgado, followed by Johnny Bianchi, followed by Hector Bustos, followed by Nathaniel Greensides.

All right, mic check. Okay. I'm a resident of Ward 3 here in the city of Santana, and I'm here to discuss item 22 regarding the Police Offerset Commission. $20 million, that's how much police violence and misconduct has caused stand-in taxpayers and lawsuit settlements over the last 10 years. We can argue and debate what the root causes of these misconduct incidents are until we're blue in the face if we want to, but in my opinion and in the opinion of many other community members who are here to speak tonight, the practical thing to do would be to appoint a strong police oversight commission

to get to the bottom of what is behind these incidents. A strong police oversight commission would be a major step towards creating a public safety approach that actually takes community into consideration. It would give residents of the city a chance at self-determination to shape the relationship between community and police as opposed to how police are currently seen by many community members today as an occupying force there to surveil, harass, and punish them and their neighbors. But a police oversight commission alone is not enough. If the city is to create this commission, then it needs to have the kind of power and

authority necessary to actually impact change in the department. It can't be a commission that surrenders all the power back into the hands of police. So first of all, the police oversight commission, as the previous speaker stated, must have investigative authority. We've seen what happens when the police try to investigate themselves. In the case of George Floyd in 2020, police initially tried to shape the narrative as a medical issue. And we saw when public actually brought the truth to light, what actually happened. In the case of Brandon Lopez here in the city of Santana, police initially tried to claim

that he had a gun and was waving it out the window of his vehicle, but after his murder at the hands of Anaheim police got the scrutiny it deserved, police were forced to admit that there was in fact no gun, just a water bottle. This is why we need an independent police oversight commission to look at the facts and reach judgment free of police influence on the narrative. Furthermore, it's critical for the commission to have flexibility and authority to launch investigations regarding cases of misconduct that are brought to their attention, even

when there isn't a formal complaint made to the PD or if complaints are made anonymously. We must take down any barriers that would keep community members from reporting on cases of misconduct out of fear of retaliation. Also, in order for the Commission to properly investigate cases of abuse and misconduct, the Commission must have access to police department data to better inform the decisions. We urge the City Manager and City Council to mandate that the Police Department issue annual written reports summarizing use of force and racial and identity profiling data

as mandated by Assembly Bill 71 and AB 953 for the Police Oversight Commission to access and review. In addition, the Commission must have the same access to all SAPD files, documents, and records except those that may be prohibited by law, in addition to all files and records of other city departments and agencies as a police department's internal affairs division. This will help to ensure that the Commissioners are able to make informed decisions in their recommendations. And lastly, the Commission must be authorized and required to conduct

public meetings on SAPD's policies, practices, procedures, customs, orders, collective bargaining agreements, programs, training, and annual budget. The Commission must create spaces for community members to learn about the policies and practices of SAPD along with the programs and training that police officers undergo. Then we want the community to know how the local police department operates. If the community participation is something that the city values when it comes to public safety, then this component must also be included as part of the police oversight commission.

And just a final note, Phil, I saw that adorable photo of you and Jerry Serrano. It's truly touching to see the bond that you two have and if you don't know what I'm talking about your time is up you

can see my IG Fernando de Veras thank you thank you Johnny Johnny Bianchi followed by Hector Bustos followed by Nathaniel Greensides followed by Boomer Vicente

Our timer's not working. We're using an alternative method. Okay. So my name is Sonny Bianchi. I'm a student at California State University, and I wanted to speak on the number 22. So police officers should be accountable and public servants who work collaboratively, transparently and fairly with all of the communities they serve. In the United States, law enforcement operates under a shrewd secrecy with less democratic accountability than our other public institutions. Too often, police departments and officers violate their role in community and abuse their power by engaging in acts of excessive force,

acting in an increasing militarized capacity, abusing asset foriture of policies, and routinely stop by frisking the entire community. Among other practices that threat individuals as Justice Sotomayor declared not a citizen of democracy but a subject of incarcerated straight just waiting to be cataloged. Too often they have not been held accountable. This lack of accountability has eroded community trust and fostered suspicion and resentment.

In order to restore police legitimacy, there should be a structure in place to promote responsible, accountable policing and measures to ensure that police are held accountable with their actions when they deviate from that standard. Creating an accountable police force starts by implementing policies that make them directly responsible to the people they serve. serve. Civilian oversight both on a policy level and for specific review for complaints and disciplinary measures create direct accountability that also provides the opportunity for police to learn and build a relationship with those served. Thank you.

Hector Bustos followed by Nathaniel Greensides followed by Bulmaro Vicente

followed by Maggie Moreno. Hello my name is Hector Bustos and I'm the communications director at Chispa and I'm here to speak on item 22 and I'm here to urge the City Council to adopt the community-based amendments to the police oversight ordinance that was sent to all of you via email last week effective police oversight here in Santana is long overdue the residents of the city have been calling on the creation of a police oversight commission since the 1960s so it's time to deliver on this campaign of almost 60 years and listen to the residents demands for accountability and transparency of the police department.

Our community needs a strong police oversight model. When police flash bright lights in the faces of drivers and impairing their vision on the road, we need police oversight. When police officers are caught on video lunging at youth and throwing them off their bikes, we need police oversight. When police officers raid marijuana shops here in Santana and are caught on tape eating edibles at the same shops that they raided, we need police oversight.

When police officers are blasting copyrighted Disney music in the middle of the night and infringing on our First Amendment rights to record, we need police oversight. When police officers are shooting rubber bullets and tear gas at peaceful protesters, we need police oversight. Police violence and misconduct has cost this city over $20 million in lawsuit settlements. $20 million. Imagine where we could be investing those $20 million. We could be investing it in an accountability system that will hold these police officers accountable. So let's not follow the mistakes that the city of Anaheim made.

Let's make a strong, robust police oversight model here in Santana, because bad oversight is a lot worse than no oversight at all. We can't rubber stamp this issue. The draft ordinance put together by city staff would create a review model similar to Anaheim, and we do not need that here in this city. So when the department controls more than half of the city's budget, we should have an accountability system in place thank you

thank you Nathaniel Greensides followed by blue model we sent the followed by

Maggie Moreno followed by Biff Baker Nathaniel Greensides Ward 5 resident here to speak on item 21 which I'm in support of I read through a letter that was submitted to the e-commerce represent by law firm representing the interests of entities which own mobile home park property is a point that they raised regarding a specific section of our current ordinances which requires an impact assessment report to be provided. They claim that it may constitute a taking and to that extent Tenants United Santa Ana has always been in support of that section of the ordinance reading that such an impact

report would be necessary to provide upon a proposed change of use. The residents of 2525 North Main Street were able to convince even the most conservative members of this council that irresponsible development should not be taking place in our city and that's why that section of our rent control ordinances exists is to ensure that low-income non-English speaking elderly senior citizens who live in mobile home parks aren't displaced in a justice driven manner the letter also the submitted letter also outlines points about how the local ordinances somehow attempt to supersede the state's mobile

home residency law, but the letter fails to offer is that the MRL, as it's known, explicitly outlines in Civil Code 798.7, Section B, that only contracts in excess of 12 months are subject to the MRL. In other words, if a mobile home space is rented from month to month, which is the case for a lot of folks who rent mobile home space in Santa Ana, they are not able to enjoy protection under the state laws. And that's where our local ordinances fill the gap to ensure that folks who have been in our city for decades are able to remain and not irresponsibly displaced.

As we come to a head in ensuring that residents will now have a local body and bureaucracy to turn to instead of bearing the stress of finding an attorney to represent them in an unlawful detainer case in the state superior courts, I think about the benefits and peace of mind that the ordinances have already brought to residents in our city over the past year. Just in these past two weeks, I worked with a tenant to draft and send a letter to their landlord who had raised rent above the allowed 3% max and to that extent the landlord conceded that he had been misinformed by the information made

available to him on the internet and returned the overpaid rent to the tenants. This is not the only instance where opponents of these tenant protections and self-proclaimed business owners who provide housing in our city are blissfully ignorant of any laws which they may need to follow when operating their businesses in our city. I think about the mobile home parts where I myself was harassed and bullied off property for exercising my First Amendment rights and speaking with tenants and can only imagine what the tenants and residents there have to deal with on a daily basis from

misinformed aggressive property owners and managers. I remain optimistic that these ordinances will ensure that the beautiful people who have made our city as beautiful as it is in such a desirable place to live will be able to remain and as a side note Larry Itliong would have supported rent control. Thank

Thank you.

Thank you. Maggie Moreno followed by, I'm sorry, Boomer Vicente followed by Maggie Moreno followed by Biff Baker followed by Jesus Santana.

Hey Mayor and Council, my name is Boomer Boomer Vicente. I'm a lifelong resident of Santana and I currently serve as the policy director for CHISPA. I'm here to speak on the police oversight ordinance that's being presented to you all. I'm currently very frustrated to see that the ordinance being presented doesn't reflect the values and the policies that both community and majority of you council members have been advocating for. What's being presented to you all right now is very similar to the Anaheim model. It's a very watered-down, lack of teeth commission. We can't have another mechanism that continues to rubber stamp

police violence and misconduct in our communities. I had the privilege to sit on the City of Berkeley's Police Review Commission for two terms. This The Commission had the power to investigate complaints and make recommendations on discipline to the Chief. I still remember hours of sitting on complaint hearings, looking at cases, and coming up with recommendations. I learned through my time on this Commission that oversight would be ineffective if there isn't transparency, accountability, and true oversight. A Commission needs to have the trust and the confidence of the public to be effective. Without this, this would go nowhere.

We can't have what's happening in Anaheim right now where for years community members have expressed their frustrations with the current board. I'm hoping that you all make the necessary changes to truly reflect the needs and the policies that communities have been demanding. A commission that's truly independent, able to investigate complaints, and make recommendations on discipline. Thank you.

Thank you. Maggie Moreno followed by Biff Baker followed by Jesus Santana followed by

Emma Suarez. Good evening everybody my name is Maggie Moreno I'm a resident of Ward 5 and I'm here on behalf of Congressman Le Correa. I'd like to read the following letter to you and so here I go. Dear Senate and Mayor and City Council, I write to express my support of item 24 along with Judge Carter's request to have shelters become a flow-through service and veer away from shelters becoming a permanent residence in the community. This will allow for permanent supportive housing, which provides medical treatment, mental health services, job training, and other services within the city of Santa Ana limits.

I encourage everyone to have a part in the solution to rotate the annual cold weather shelter through different cities within the different service plans areas. It's imperative that all cities in Orange County take responsibility to have homeless individuals and help them during the winter weather seasons. The U.S. Department of Housing and Urban Development initiated Continuums of Care that include the wide range of representatives from various public and private entities rich in Orange County and was charged to promote and implement the evidence-based best promising and emerging practices for preventing and ending homelessness.

I commend the City of Santa Ana for participating in the California continuum of care. Santa Ana has been doing their fair share to service this vulnerable population by providing shelter opportunities with local providers as well as permanent supportive housing and mental health services outreach. I respectfully request that you continue to work with Orange County's wide range of representatives and entities that assist to protect the vulnerable homeless individuals in our cities. I thank you for your attention to this important matter. Respectfully, Jose Luis Correa, member of Congress. Thank you.

Thank you. Biff Baker, followed by Jesus Santana, followed by Jema Suarez, followed by Vincent Tran.

Hello, my name is Biff Baker. I'm a volunteer with OCO, that is the Orange County Congregations Community Organization, and also a longtime parishioner at Episcopal Church of the Messiah in downtown Santa Ana. OCO tonight is partnering with CHISPA, and you've heard already from some of their representatives. Thank you to Mayor Sarmiento and the members of the council for the opportunity to make these comments. There are a number of people here tonight to address item 22, mostly young people, or at least a lot younger than me. We are here because we love Santa Ana and want to see this community blossom.

them. Santa Ana has tremendous potential and also faces significant challenges. One of the greatest strengths that the city can achieve for itself is a partnership relation between the police and the community. That is what item 22, the Police Oversight Commission, will promote. In my work as a volunteer with OCO, I've often heard from Santa Ana residents who felt unfairly targeted by police, and from others who felt that their low-income neighborhoods were not adequately protected from crime and violence. The Independent Police Oversight Commission

provides a channel for communication and transparency to help the community evolve away from this unsatisfactory situation. The word independent is key. The measure must incorporate the specific criteria outlined by the speakers you've heard from ACLU and CHISPA. That is not the Anaheim version. Thank you.

Thank you. Jesus Santana, followed by Hema Suarez, followed by Vincent Tran, followed by David Carvajal.

Good evening, Mayor. and city council members. My name is Jesus Santana, a lifelong resident of Ward 2, and a volunteer of Tenants United Santana to speak on agenda item 21, establishing a rent board and rental registry. I would like to initiate my comment by expressing gratitude towards Mayor Sarmiento, as council members Ty Villafan, Jesse Lopez, and council member Jonathan Hernandez. Thank you all for demonstrating your commitment to the people of Santana by supporting the implementation of a rental registry and a rent board to the RSO and the JCEO.

I would also like to say thank you to Sarah Court and Judson Brown for the tremendous work in proposing and pushing forward policy that will best benefit our majority renter city. We strongly believe that the recommendations that we, as Tennessee United Santana, have shared with you all will continue to prioritize the livelihoods, health, and well-being of our most vulnerable community members. With all of your help and the numerous community members who showed up last year, many of the mobile home residents who I'm in contact with have shared that their rents have only increased no more than 3%.

This is a drastic change from the previous 6 to 8 percent they would receive annually from their property managers and owners. Despite these protections becoming laws last year, we know that the work does not come to an end there. In order to continue ensuring our devotion to our community of Santana, we must continue voicing and addressing the needs of our neighbors and loved ones. Today I'm here again to urge the city of Santana to continue supporting the implementation of a rental registry and a rent board. This additional step will increase transparency, ranch protections, and accountability within the city's rental properties.

Furthermore, this will protect many of our Santanetics remaining in our beautiful city of Santana. To conclude, I just want to remind everyone here of the powerful words that we chanted last year on multiple occasions. Santana no se vende, se ama y se defiende. Thank you again, and I hope you all have a good night.

Thank you. Emma Suarez, followed by Vincent Tran, followed by David Carvajal, followed by Carlos Perea.

I'm going to speak in Spanish, I don't know if you have an interpreter.

Go ahead.

Good afternoon, Mayor and members of the Council.

I work as an organizer in the Word 5, and I want to speak about the 21st. on the second lecture of rent control. I want to emphasize that it is a great step to take measures that will help to implement rent control in Santana with those who still need it. This is the right path to protect the most vulnerable people, the low income workers, low income and families that compose the heart of this city and this county.

The rent control is only a tool to balance a little bit the high cost of life that is facing people who do the job most essential. This measure does not affect the businesses of housing, which really should not be a business. The housing must be a human right. And who wants to work with the house, and also to enter a business with his own hands, they also have to assume the risk that has any business in a capital system. So, we will be very attentive and attentive to what follows. And if we see that it is necessary,

we will be able to tell each of their stories to emphasize the importance of de que el derecho a tener, de que debe ser un derecho el tener un techo. Y gracias otra vez a quienes pudieron apoyar.

Gracias.

Good evening, Mayor and City Council members. I'm here. I'm an organizer. I live in Ward 5, and I'm here to speak of Item 21, the second reading of Rent Control. This is a great step to improving rent control in Santa Ana to benefit all of the community and all the workers. And this protects the most vulnerable in our community, low-income people, families, etc., who are the heart of the city and the heart of the county. Rent control balances a bit this essential need for these essential workers.

it does not affect the housing business because housing is a human right and if you engage in the housing business you need to assume the risk just as any capital capitalistic system does so if we need to I'm gonna keep watching and if we need to come back and tell the stories of people who have been affected or benefit benefited by this we will do that so we are please so we're here to support this and thank you to all who supported us. Vincent Tran followed by

David Carvajal followed by Carlos Perea followed by Pedla.

Good evening Mayor and City Council my name is Vincent Tran I'm Community Engagement Coordinator for Viet Rise and I'm speaking on behalf of my organization Viet Rise on two agenda items 21 and 22. Firstly Viet Rise is in support of item 21 we appreciate council member fan hernandez lopez and mayor sarmiento for your vote to establish a rent registry and rent board during the past two meetings and we support the revisions made to the rent board composition and we ask the council to approve the revisions approved during the first reading as it represents santa anna's majority renter population and will

ensure all tenants will be guaranteed the increased protections and rights. In addition, we would like to address item 22. VITRISE is in support of the creation of a Police Oversight Commission, but only one where the Board maintains independent investigatory authority with the ability to subpoena witnesses and documents on issues of police misconduct and the power to audit, issue recommendations, and set policy. The Santa Ana police is funded by tax money from Santa Ana residents. Thus, it is imperative that there are multiple avenues to keep and hold the police accountable.

The police costs millions of dollars for residents in settlements, for police misconduct, and have routinely targeted, harassed, harmed, and torn apart local communities with little to no accountability. A police oversight commission removes that inaccessibility and the secret of internal investigations undertaken each time police accountability is required and instead up brings San Antonio residents the transparency and the justice that they deserve. So we urge you to vote yes on agenda item 21 and to also move forward with the creation of a police oversight commission with no less than these powers.

Thank you.

Thank you. David Carvajal followed by Carlos Perea followed by Perla. And our last speaker is America.

Good evening Mayor and City Council. My name is David Carvajal and I'm a lifetime resident of Ward 6. Here tonight as a volunteer with Tenants United Santana. I'm also here in support of agenda item 21, the second reading of the rent board and rental registry. It's been a really long journey for those of us that have advocated for years in Santana for tenant protections and those that came before us as well. So we're really thankful for those on city council that continue to support grassroots advocacy and who value the voices of their constituents and just warn the incumbents running for re-election

that our tenant majority city is watching. It's unfortunate he walked away, but specifically to Councilmember Peñalosa, for the record. while I haven't received his campaign mailers, my neighbors did. And on it, he mentions that he supported the emergency distribution of rental assistance funds, which are already going to happen since it was statewide rental assistance. But I wonder if the people in Ward 6 know that he doesn't support rent stabilization and just cause evictions. Earlier this evening, he also proclaimed October as National Pregnancy and Infant Loss Awareness Month.

but I wonder if that recognition extends over to pregnant mothers being evicted or to mothers experiencing homelessness. Elections are a few weeks away, and voters see right through you guys. Thank you.

Carlos Perea, followed by Perla, followed by America.

I guess Councilman Peñalos is not back. Good evening, Mayor and Council. My name is Carlos Perea, Director of the Harvard Institute for Immigrant and Economic Justice, and I'm also a resident of World War I. I'm here to speak in support of two items. the first one item 21 amendments to the rent stabilization and just cost eviction ordinance I want to thank Mayor Sarmiento councilmember fan council member Hernandez council member Lopez for your support of this ordinance and ensuring working families can afford to remain alive in the city I also want to address the misinformation on false claims from council members opposing

protections for tenants. Councilmember Peñalosa falsely claimed that rent control and rent registry will cost more to residents because of this registry fee. Councilmember Peñalosa is more concerned about the approximate $100 landlords and tenants will pay towards the implementation of these ordinances versus the thousands of dollars more residents will pay per year in rent increases without rent control. And here's the reason why. The registry fees will go through the city to ensure the program is sustainable, while unregulated rent increases will go directly towards landlords.

So for the council members who oppose these items, instead of making false claims and spreading misinformation, just be honest about why you oppose these ordinances. Just say you're against rent control because you agree with unregulated rent increases to working families. Just be honest and say you agree with the increasing profits of greedy landlords and filling their pockets at the cost of working families.

Lastly, I'm also here in support of item 22, establishing a police oversight commission and the recommendations put forward by community groups to ensure we have a strong oversight accountability of police in the city. We cannot continue to allow police misconduct come at the cost of residence. More than 21 million dollars have already been paid in lots of settlements. That is unacceptable. Police oversight is long overdue and I thank and commend the council majority for your support of this item. This fight hasn't been easy. Let us remember that if the police

officers association had their way, police accountability wouldn't even be a conversation today. Similarly to this current election cycle, the Police Office Association under President Jerry Serrano has dropped hundreds of thousands of dollars in campaign contributions and independent expenditures to threaten democracy in the city and have a monopoly in City Council to push out city employees whenever they are on line with their agenda. Fortunately residents have rejected those efforts. This is why police oversight accountability is important to continue to move the city forward and reject those democratic

attempts. Thank you. Thank you. Perla followed by our last speaker, America.

Good evening. My name is Perla and I am a resident of War II. First of all I want to thank Councilwoman Fan for naming October as Domestic Violence Awareness Month. I feel like that is a very important conversation to have, especially when two City Council members have a history of domestic violence, so let's be honest. And I'm bringing attention to this, to the, to domestic violence the way you did is very important because it is

imperative to not only address it, but most importantly, educate. Educate communities about what domestic violence is. Thank you for emphasizing that domestic violence isn't only physical abuse. I like to add that domestic violence is terrorism. As it reflects the terror mothers feel when they have nowhere to go, nowhere to live, not just for themselves but with their children. And ending their relationship is sometimes not an option.

And which brings me to the police oversight. I am an advocate for victims of domestic violence and I have had to go to the police department to establish police reports when the life of a victim is in danger. Not sure if you ever had had to accompany anyone to go through that process, Mrs. Fan, but it's mediocre, it's unethical, it is violent, and it's cruel,

and it reflects the patriarchal violence that our community faces every day out in the street. Women have to call on a broken phone and tell a complete stranger in front of whoever is in the waiting room what happened to them, who they are, where they live, the information, as in like entire names and addresses and phone numbers being disclosed in front of anybody who's around them. Only to wait about three to four hours to speak with someone who's going to come out of that door

and question them right in front of everyone else who's also listening. So when historically more than half of our city budget goes to police and being October, However, I feel that a police oversight that can ensure the safety of victims and their privacy for goodness sake is not much to ask. Thank you.

Our last speaker is America Najera and then I'll turn it over to the clerk so she can call on members of the public that are on the phone or with us online.

Good evening, City Council. My name is America Najera. I'm a resident of Santana since 1989. So I've seen this city go through a lot. I've worked with community for more than 15 years having to be a front responder when police are called because there's a problem with youth trying to commit suicide. I have to make sure I get there before the police department does because I know their response is not right. They're not trained to do any of the things that our community needs. Unfortunately, we're left with at least that minimum you being able to do an oversight committee. Please do something that will actually change.

I know that's going to be very hard when a lot of the city council here is associated with the police department and we know it's rotten to the core, but at least do the minimum and give us that police oversight.

Also, I want to speak on behalf of item 21 for rent control. I have also had to move to Moreno Valley for right now, and I see the displacement that it's causing with all of this high rent control, which is one of the reasons I had to move. I see the divisions of families, especially families of color, families working class that now have to live in two completely different counties hours away from each other because they can't afford to live in San Bernardino anymore. I was raised here, but I can't live here anymore. So please at least do the minimum.

Thank you. Madam Clerk, I'm going to go ahead and call on you so you can call on members of the public that are with us online.

Zoom ID, Roxelle, please select the microphone icon to unmute from your device and proceed with your comment. You have three minutes to speak.

Good evening.

Roxelle Soto, Ward 3, to speak to Agenda. item 22 thank you to the council members for hearing the citizens and acting on the need for police oversight millions of taxpayer dollars have been spent on police lawsuit and proper oversight can actually create fiscal savings promote accountability and make santa ana a better place we need more than the current suggested review model to accomplish this an independent board needs to include those impacted by the santa ana police department's documented over policing and violence. Furthermore qualifications for police oversight commission need to reflect

our diverse community. The commission members should not include current and former law enforcement officers or their immediate family. The commission should remain entirely civilian as to not duplicate efforts where law enforcement's investigate themselves. To be effective the board needs authority to independently investigate complaints serious incidents and use of force by Santa Ana PD. The commission must be able to make formal judgments on the most severe issues relating to civil rights and civil liberties. This will gain the community support and restore the relationship between the police and the community.

The commission must have access to all Santa Ana Police Department's documents and records as permissible by law, including the Police Department's Internal Affairs Division for their investigation and audits, as this is essential to providing effective and informed oversight. Police oversight must also authorize and be required to conduct public meetings on Santa Ana's police department's practices, procedures, collective bargaining, and annual budget.

The commission should also be able to issue recommendation to the council on these subjects and the community needs to know the commission's roles and responsibilities in order to create safe spaces for residents to learn about the policies and practices of Santa Ana Police Department. Changes in the draft ordinance need to enable commission delivery to deliver disciplinary recommendations to the police chief and a paternal affairs division of Santa Ana Police Department. We need accountability for the actions of officers who commit misconduct to ensure they don't happen repeatedly.

This is good for the Santa Ana Police Department culture and also to mend the relationship between the police and residents of Santa Ana. Thank you because I know you're going to do the right thing to provide and to provide truly create a safer Santa Ana. Thank you.

Zoom ID, Lorraine, please select the microphone icon to unmute from your device. and proceed with your comment. You have three minutes to speak.

Hi, yes, good afternoon. This is Lorraine Quinonez. I'm a resident of East LA in Los Angeles, and I'm calling in solidarity on behalf of many cities. I'm affiliated with the California Lowrider Alliance, and I'm speaking in favor of a general public item on cruising. I'm looking forward to Santa Ana being the first Southern California city to repeal the ordinance. So I would like to thank Jonathan Hernandez and all those who support repealing the anti-cruising ordinance. Cruising is not a crime. It's our culture. It's part of our family time. It's part of our mental health exercise

where we get out and take a break. And we expect that Santa Ana sets that example for the rest of us. I'm doing the same thing here in East Los Angeles area. I just reported to the LA County Board of Supervisors meeting today in fact in favor of the cruising being part of our culture and making it legal we need to repeal the ordinance now it is targeting our black and brown communities and it is a racist ordinance so I stand in solidarity with people like San Sacramento Lowrider Commission, San Jose, Bakersfield,

Inland Empire, Orange County, obviously Santa Ana, Santa Rosa, Bakersfield. We are all doing big things to repeal the ordinance, San Francisco, like I said, and Modesto. So I am Lorraine speaking on California Lowrider Alliance and speaking in favor of repealing the ordinance and looking to to a unanimous vote by the board to repeal the ordinance in November. And I expect you guys to all take a stand against an outdated and racist ordinance. I also stand in solidarity with Brown Issues who has brought this to light too with Jonathan Hernandez. And I thank you for making this a motion

and being one of the cities to bring this to light in SoCal. I'm originally from the Orange County area and have many family members and family members who are part of car clubs in Orange County area, such as Brown Descents and Latin Gents Car Club. So I speak also on behalf of them and ask that you repeal the ordinance when you guys bring that motion to a vote and continue the work that you guys are doing in Santa Ana, shedding light on all the work of the people, such as the Filipinos and such as Chicano history and I went to your guys' Chicano Festival recently, and you guys are doing great things for people

from different backgrounds, multicultural, and I appreciate the efforts on behalf of Santa Ana there and look to you guys as an example for East LA and following suit, like with that low rider link, that also I would like to use as motivation and inspiration here in East LA. Thank you, speaker, your time is up. Thank you.

Zoom ID Benjamin please select the microphone icon to unmute from your device and proceed with your comment you have three minutes to speak hello I'm Benjamin Ben Vasquez I'm a high school teacher at Valley High School I'm a I'm a homeowner in Heddinger Park and I grew up by Mecca Hardimery on Center Street I'm here in support of a police oversight commission and and also a renter registry and a renter board. I was walking out this weekend, meeting neighbors, meeting community, going door to door, talking, and we ran around many people and we were seeing how they were living, it was rough.

We ran into a man who had a one bedroom apartment with a family of four, the rent was 2100. And he was crying to us because the mess of his apartment and it was covered, holes were covered with plywood. The back of his oven had a plywood on it. It was just horrible and this man was crying with us. We need to have that rent registry. 27% of the kids at my school are considered homeless. This is how bad we have it in our area in Ward 2 and where Melida lives. 27% Melida of the children at Valley are homeless. I hope you all could understand that

and have empathy for the families in your area. That is a high amount. That is way overboard. So we need to have that registry. Also, police oversight. I agree with VRIs and Chispa in the word to have a harder, stronger resolution. But also, we need to have a mechanism in place for commissioners who are threatened to be supported and for that to be investigated. We cannot have this going on in our city. where in the personal commission, folks be threatened for being on the commission and serving the city. So I also want to add that we need some kind of mechanism

for threats, for retaliation, to be a fireable offense in Santa Ana. Thank you.

Caller whose phone number ends in 010, please dial star six from your phone and proceed with your comment. You have three minutes to speak.

Victor Mendez Ward 3 can you hear me yes we can hear you hello all right please start my time thank you I just want to reiterate the issues around the police oversight commission there are things that I've been talking about for two years and it's very gratifying to hear these things kind of being lifted up out of the morass of discussions basically three issues into that i'm hearing and reading about independence transparency and accountability and in looking at that draft uh ordinance i think there's a lot of work to be done in those three areas let me just give you a few examples to highlight what i'm talking about first of all

the complaint should be directed be directed straight to the commission not the iad that's a classic case of the tail wagging the dog uh in terms of the policy procedure review uh those you should go straight to the council certainly there's probably some discussion with the chief or the city manager but at the end of the day the recommendation lies to the council and the the city manager and the chief can decide how best to respond to the council and it's important those types of reviews get straight to the council where they're transparent

and made available to the public uh the other matter is that the the ordinance really needs to allow the commission to challenge the uh command structure and investigate the command structure of the police department you know when you look historically back at problems particularly at lapd prior to the rodney king incident uh you know you'll you'll find a lot of problems where were uh related to uh mismanagement and just you know uh poor leadership at the top the the death of kelly thomas while certainly tragic and horrific can be traced to the leadership at the

top even today the question about what happened with mr lopez and his death at the hands of an odd bd still remain as to why sapd cd control of that crime scene and we still await the findings or reports from the city manager in that respect additionally some callers have talked about the need to look at finances and budgets i fully agree the current ordinance is lacking in that you know they should be looking at finance uh police personnel practices issues of favoritism you know we have a horrific overtime matter uh in terms of police making over a hundred thousand

dollars a year these are the types of things the commission should bring forth and investigate evaluate and the full view of the public said really it urged the council to look at these matters and how they can strengthen the uh ordinance along the issues of accountability independence and transparency it's very important uh just a few final notes the way it's written right now school teachers cannot be part of this commission if you really read who's excluded a school teacher who i think can probably maybe add something to this commission is prohibited from from um participating thank you speaker your time is up all right thank you

Caller whose phone number ends with the last three numbers, 770, please dial star six from your phone and proceed with your comment. You have three minutes to speak.

Good evening, council members. My name is Daisy Chavez, and I am a resident of Anaheim. I currently serve on the City of Anaheim Police Review Board as vice chair, and I'm here to share some thoughts on item number 22. I was eager to see that Santa Ana was finally going to establish a police oversight commission as this is critical to ensure accountability and transparency in the city's police department. In Anaheim, we have a review-based model which allows us to advise and make police policy recommendations to the city manager. We also receive briefings on major incidents and review

some police policy recommendations prior to adoption and are able to offer input where they're appropriate. In all honesty, we are actually very limited in what we can do. And I believe this is where your city has the ability to create an effective oversight board and learn from what we have done in Anaheim. For example, we currently do not have the ability to issue disciplinary recommendations for officer misconduct. As a resident of Anaheim for 18 years, I have seen multiple instances of officer misconduct within the department and have been extremely disappointed to see that those engaging in this conduct

that are often not held accountable. This was one of the reasons that I decided to join the police board to be able to provide input as an impacted resident of the community in discussions with the department. It is unfortunate that as a board, we currently do not have a say in disciplinary actions for these officers. I share this to emphasize how important it is that the council adopt the recommendations that were submitted by the ACLU of Southern California and Chiefs, which I am a proud member of. Civilian oversight commissions are essentially a creation by the people and for the people.

As elected officials representing the city of Santa Ana, you are able to ensure that this commission has broad representation to reflect the diversity that exists within the city, particularly from members of the community who have experienced firsthand powerful police practices. People who are directly impacted have the most to offer when it comes to providing input on how to improve relations between the police and the community. Criminal convictions should not be used to prevent residents from participating in this process. I also urge you to keep the commission in tact to just civilians.

No law enforcement or their family members should be participating as members of this commission. We have seen time and time again, police agencies investigate their own offices with results often clearing officers of any wrongdoing. This process often leaves community members feeling let down and believing that law enforcement protects their own instead of the community that they were hired to serve. In Anaheim, all of our members are civilians. And in my opinion, this makes it easier for us to be able to have honest conversations as neighbors and residents on the impact of policing in our city.

I bring my personal experiences to the table, and I've been told quite often how much value it adds to the conversation. Imagine how much more we could learn if we had people who have directly experienced unpleasant interactions with police. That is why I urge you to not bar impacted residents from participating in this commission. Furthermore, the ability to conduct independent investigations would give the commission the authority needed to truly look into pervasive issues. Thank you, Speaker. Your time is up.

Caller whose phone number ends with the last three numbers, 239. Please dial star six from your phone and proceed with your comment. You have three minutes to speak.

Good evening, council members and Mayor Sarmiento. My name is Mechley Lopez, and I live in Ward 5. I'm calling in tonight in support of item number 21. I'd like to acknowledge all the council members who voted in support of rent control and those who have been supportive of the long-term implementation process by voting affirmatively to codify the rent registry and rent board. Because you listen to your constituents, Santana now has rent control and just cost protection policies, which have already and will continue to safeguard the housing stability of many working class people in our city.

I was here back in February of 2018 when we first asked for rent control and the mayor and council members at the time voted unanimously against it despite the fact that we filled the council chambers with residents who came and shared personal testimonies of why rent control was so needed at the time and this was before 80 14 82 was implemented statewide my own father joined that night and he poured his heart out and I looked on as none of the council members listened to him i remember thinking to myself that night that the hearts of all those council members must

be made of stone that they had reneed on their responsibility to represent the majority of their constituents it was evident that they had their minds made up before the meeting even started and no amount of heart-wrenching stories or the tears of children seniors and single mothers were going to change their minds about voting against rent gouging in that political climate it must have posed a personal and political risk to vote in the interest of working-class residents that is no longer the case today. Working class people have been pushed too far and they

will not stand for officials who vote to increase and prolong their suffering. It's insufficient for you to have a Spanish last name and be a registered Democrat to win an election. Voters are exercising their critical thinking skills.

By voting against rent control, you took a great political risk that may very well cost you your election campaign. Thank you.

zoom id clue justice please select the microphone icon to unmute from your device and proceed with your comment you have three minutes to speak super thank you can you hear me yes we can hear you thank you so much um dear mayor sarmiento and council members my name is adam overton and i'm a faith-rooted organizer with clue clergy and lady united for economic justice clue seeks to educate organize and mobilize the faith community while we accompany workers and their families and their struggle for good jobs, dignity and justice. We're here to speak tonight about item 22, police review commission draft ordinance.

We commend the city council for directing city staff to examine the police oversight ordinance drafted and supported by community-based organizations. We're concerned however, that the policy language in exhibit one profoundly differs from the model policy that was discussed by the council in July of this past of this year supported and written by community-based organizations now clue has a black Jewish justice alliance in Los Angeles it's a coalition of rabbis and black pastors up there and it was our our black Jewish justice alliance was an instrumental part or

partner and pushing for the creation of the Los Angeles County Civilian Oversight Commission that was created in 2016. And since then, we've seen both how such a commission can succeed and very much how such a commission can fail. It's for this reason that we urge you to adopt the ACLU and CHISPA's amendments to the draft police oversight ordinance. We sent a letter earlier today with more details, but one of our primary concerns is that police oversight must be meaningfully independent. Real independence means no law enforcement on the board.

The board has to include people most affected by over-policing and police violence in Santa Ana. And the board members must be selected through an independent selection panel process. It's got to be composed of diverse community leaders with the knowledge and experience to create meaningful oversight of the police department. the diversity and representativeness of an oversight commission is truly crucial to the oversight systems legitimacy and public public confidence that it will address issues of the community's concern and current and former sworn law enforcement offers officers should be excluded

from commission membership immediate family members of the law enforcement should also be excluded from commission membership there are many other items that would that we include in in our letter today, but the main thing that we'll finish on is just saying effective police oversight in Santa Ana and in the county overall is long overdue. Residents of Santa Ana have been calling for the city to create a commission like this since the 1960s. And so it's time to demand to move forward on this campaign of 60 years. And so we urge you to adopt the ACLU and Chispa's amendments to the draft oversight ordinance. Thanks so much.

Zoom ID Carl, please select the microphone icon to unmute from your device and proceed with your comment. You have three minutes to speak.

Carl?

Can you hear me? Yes, we can hear you. Thank you very much. First of all, thanks for not having a return camera. I'm nursing a tour of maniscus in my knee and an eight very pretty over here but anyway I have a number of things I want to cover first of all I very much support Dr. Nearing and item number nine she's been a great help to comlink as well as the chamber of commerce of offering facilities at the school far more than what Santa Ana Unified is doing second item veterans I had a chance to talked to Lou Correa and a couple of council people heard that conversation. He's very much

in support of citizenship to anyone honorably dispatched from service and would like a letter from the council supporting that. That would help him in his cause. Comlink meeting on the 27th of October. We're going to talk about homeless. What can we really do? There's a lot of restrictions that people want to know. There's a lot of things we can do. So that meeting is going to be on October 27th at seven o'clock in the in the community center we continue to need your help from the council our neighborhood associations and 30 percent of them cannot meet within the school

systems and quite frankly we're going around and around and around and I sent a letter to Lopez I hope you followed up Councilwoman Lopez I hope you follow up on my recommendations verify what I was saying that was true but where it's a good example where they met on a basketball at night with outside lighting. It's getting cold, it's getting darker and soon they will not have a place to meet. Neighborhoods are the essential building blocks for the city. We need your support. And finally on the police commission item number two, I do thank this council for taking this issue. I do truly support a commission.

If balanced commission and transparent, it can do great things for the city. But if we put anything, all that we put are those that have been convicted on this board, banned teachers and those in any sort of law enforcement background, we're going to have a unit that is strictly out to grind an ax with the police department. And we don't want that. We want a balanced, truly transparent unit so we can see what the procedures and policies are. And so we get answers to what happened in certain situations that truly we should know in this city. So I'm very much supportive of a police commission, only make it bounce, excluding people

that have any sort of police background or teachers or things of that nature is crazy. Thank you. So my dear Flavio, please select the microphone icon to unmute from your device and proceed with your comment. You have three minutes to speak. Hello, my name is Flavio. Hello, board of Santa Ana and city council members. Just wanted to chime in today. Like I said, my name is Flavia Wiesa. I'm currently the liaison outreach community lead for the Sacramento Lowrider Commission and the chair of the California Lowrider Alliance. Jonathan, thank you for working on the project

of removing the no cruising ordinance in the city of Santa Ana. And so we are here in support of everything that is going on with this removal. You know, as you know, these ordinances were designed, racially designed, to divide brown and black communities and to basically end up labeling, you know, the lowriding community throughout California. Now, you guys are set to remove this ordinance, and I applaud that. I applaud that you're working on the removal of an ordinance that has racially profiled brown and black communities for a very long time.

like I was saying these ordinances were designed to basically end up dividing our community and to racially profile our community and these ordinances were used to pull people over and on these beautiful cars this canvas is with four wheels you know the the low riding communities has been here for years and years and years before these ordinances came in but the issue is that these ordinances were used to profile these communities and to label many many many uh people in the community and so we commend that you're uh you know going to remove this ordinance

east la had a meeting today and they're gonna they're discussing it now uh as you know in sacramento and san jose uh we removed our ordinances and so santa rosa is is also looking to remove theirs and so our alliance consists of many leadership and councils across the great state of california from san francisco to san jose from sacramento to santa rosa to modesto and fairfield the san fernando valley santa anna bakersfield the inland empire orange county national city san diego los angeles south central compton and watts and we're adding more and more

members and so we are in favor of removing this ordinance we ask you to move forward and remove this ordinance and i like i said before i applaud you jonathan to bring this up because we need to understand that you know these ordinances label a community and what they do is they create division and they make us when we see these signs what we see is hate we see bitterness we see that we're not equal and let me tell you something that is a stain that has been on our community for years and years but as the removal of this ordinance happens uh this is going to show the trust that

you have in the community where these ordinances are at that we're able to to do what we've been continuing to do and that is to support our communities throughout california and the different things that we do year-round from toy drives thank you speaker your time is up have a great zoom id amina please select the microphone icon to unmute from your device and proceed with your comment you have three minutes to speak good evening my name is amina marissa qazi I'm the co-director of the Peace and Justice Law Center. We're a local nonprofit that provides legal services to promote safer communities by ending

state violence and discriminatory practices in the criminal legal system. On agenda item 22, just want to echo, uplift, and say that we wholeheartedly agree with all the community voices asking for stronger and truer oversight with the Oversight Commission. We especially are interested in pushing for true investigative authority and disciplinary recommendations and also making sure that the commission is representative of the community it's it's that it seeks to protect.

I just want to extol that this is really not a time for half measures whatever the recommendations might be on the other side, pulling perhaps some of your votes the other way, that this community really is in desperate need to be freed from the yoke of state violence. And that this council has worked with and staff has worked well with community organizations and representatives and arriving at these recommendations and just to go full force. And I do not live in Santa Ana, but I can say that we are all watching what is going on in santa ana and i really do believe that santa ana the city council can be a leader for all of

this in orange county on how to truly hold our police departments accountable and build safer and more resilient communities thank you zoom id tanya please select the microphone icon to unmute from your device and proceed with your comment you have three minutes to speak

hi hello good evening city council members and mayor serviento my name is tony navarro lifelong resident hi hello can you hear me yes we can hear you okay good evening city council members and Mayor Sarmiento. My name is Tony Navarro and I'm a lifelong resident of Santana. I am calling in about item number 21 and I would like to be in support of item 21. Thank you to the council members who value working families in the city of Santana over the greed of developers. And I'm also calling in in support of item 22, the police oversight ordinance.

I would like to commend the city and the council for bringing police oversight to the agenda tonight. For years, the people of Santana have begged for police accountability. But I'm very disappointed in the performative nature of this ordinance, and I believe we deserve better. Our communities have lived in fear, have been brutalized, criminalized, and have gone without justice for many, many, many years. The commission needs to be truly independent, having investigatory and subpoena powers, have transparency and include access to PD documents and records, as well as be made

up of people who are directly impacted by all of what I just listed above, which is brutalization, have lived in fear and been criminalized by the police department. Currently, I've received many election mailers saying that many of you who are running for reelection value public safety. Well, this is public safety, guaranteeing that the communities feel safe and that they will be protected at all costs. Thank you. Final speaker, Zoom ID, Betty, please select the microphone icon to unmute from your device and proceed with your comment. You have three minutes to speak. Hi, can you hear me?

Yes, we can hear you. Hi, my name is Betty Santos. I am calling from Modesto, California, and I am part of the Modesto Cruisers Council as well as the Sacramento Lowrider Commission. I am calling to repeal the cruising van that's down south in Santa Ana. And just to let you know, the culture, the lowrider culture, I'm a hot rodder myself. However, all of us that have cars, we express ourselves through cars and where we come from.

In addition to that, it's a great socialization, a part of it, of cruising, you know, get to knowing one another, networking, finding out things about each other and their cars. And now it's become a family event where people are bringing their grandchildren and the children to continue this great opportunity for the culture to strive in. And again, I just wanted to call in support. And I'm sure you'll make the right decision. And as well up in Modesto, we are also working on and lifting our band as well. But I just wanted to call in and express my views. Thank you so much.

Mayor, that was the last speaker.

Thank you for that. Let me now bring the meeting to the consent calendar portion and this is what we will be considering the consent calendar items 5 through 6, 21. I will ask the members of the council if there are any items they wish to abstain on or recuse themselves on and or pull any items from the consent calendar for individual consideration.

Phil BacerraItem 5

Mayor. I'm going to go ahead and register a no vote on item 21.

Any other items for abstentions or recuses?

David PenalozaItem 5

Mayor, I will also register a no vote on 21.

My vote, Mayor, for item 21 is a no.

Got it. Thank you. Council Member Phan.

Thai Viet PhanItem 5

Thank you, Mayor. I will be recusing myself from items 10, 13, 16, and 17, as Altec Industries, Dudek, P2S, and Charitable Ventures are clients of my employer, Rattan and Tucker, but I do not work with them. Thank you.

Thank you for that. I'll be registering a no one item number 14. I don't support our security staff, private security staff being armed, so I am going to be a no vote on that. And I'll entertain a motion on the balance of the items with the no votes on 21 from Councilmembers Mendoza, Peña Loza, and Mayor Pro Tem, and then the recusal on items 10, 13, 16, and 17 by Councilmember Phan. So moved.

David PenalozaItem 5

I'll second.

We have motion and a second. Council members please vote.

Thai Viet PhanItem 5

Mayor, may I just make a brief comment about the Lions item? I'll be voting yes, but I do want to also say that I'm in support of this item in speaking with staff because I've experienced exactly what's happened with our current security company who has not been doing a good job, unfortunately. I'd also like to say, I'd also like to bring up that in Madison Park, we had thousands of dollars of stolen copper wire that has caused the entire park and the fields to go down. That means that our residents cannot use it because of criminal activity at the park.

Thai Viet PhanItem 5

And so this is why I'm supporting this security company, and I look forward to bringing back residents and allowing them to use our public spaces. Thank you.

Thank you. I think everybody voted on that staff. Do we have a...

Motion passes by unanimous consent.

Yep.

I forgot to ask on number eight and nine. I know we had some nominations.

We do have Michelle Cisneros here for her oath of office.

Do we? Can we have her come up and you guys take care of that before we go any further?

Sorry for the delay. Soon to be commissioner.

Thank you.

I will hold your hand and repeat after me. I, Michelle Cisneros, I, Michelle Cisneros, do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of California

against all enemies foreign and domestic that I will bear true faith and allegiance

to the Constitution of the United States to the Constitution of the United States and the Constitution of the State of California and the Constitution of the State of California that I take this obligation freely

without any mental reservation or purpose of evasion that I will well and faithfully discharge the duties upon which I'm about to enter. Thank you so much.

Congratulations. Well done.

Are we doing a photograph?

Yes. I'd like to thank Councilmember Mendoza for the honor. I am humbled to receive the opportunity to represent War II and Santa Ana, and I am very excited to get started as part of the personnel board. So thank you.

My pleasure. Thank you, thank you, thank you. My pleasure.

And when I interviewed this young lady, I was totally impressed, and I could sense that dedication and commitment and the energy that she's going to bring to Ward 2 in representing our citizens and doing a great job on the personnel board. She has an impressive background and incredible experience and I can see that in the future she's going to be one of our leaders and this is just the beginning. You're going to see her great work on the personnel committee so give it up for

our new appointee Michelle Cisneros. Congratulations welcome aboard. Let's go

ahead and move along to the business calendar portion of the meeting and we'll begin with item number 22 before I turn it over to staff I just want to go ahead And just for the public's consideration, I know the way the staff report is drafted, it appears that it's prefaced by saying it is for discussion only. So my understanding is this will be a subsequent work study on this, and we're simply going to be giving direction so this can come back to us again with some further clarification. Is that the understanding? That's the way I read staff reports.

That's correct, Mayor.

Got it. Okay, with that, why don't we go ahead and just have you go ahead and have staff do the presentation on the side.

Okay, Honorable Mayor and Council Members. We have a very brief presentation. My office will be writing the background of this item and all of the meetings that have transpired, and then we will be turning it over to the city attorney for the discussion.

And with that, Daniel Soto will be doing the main part of the presentation.

Good evening, Mayor and City Council. We have a brief presentation on police oversight, along with a draft ordinance for discussion that is attached to tonight's agenda packet.

The most recent conversations regarding police oversight began in June 2020 with a council member requested item to have staff prepare an informational report with options for police oversight and to return to the city council. Staff prepared a series of informational reports, conducted community outreach data gathering through a community survey, held a community forum with a moderated panel, and in November 2021, the Police Oversight Ad Hoc Committee began meeting and held a series of eight meetings. In addition to discussing police oversight in detail,

the ad hoc committee worked on a working draft ordinance. Most recently in July 2022, the City Council held a special work study session to discuss the working draft ordinance and provide direction to the city attorney to draft an ordinance. The ordinance that was drafted is attached to the agenda packet and I'll go over the sections of the ordinance in the following slides.

The draft ordinance establishes a Police Oversight Commission with an independent oversight director. The purpose of the commission is to improve transparency, increase the accountability of and public confidence in the Santa Ana Police Department, provide for an independent oversight director to assist in reviewing the police complaint process, and provide a forum to review, evaluate, and make recommendations about police and public safety. The ordinance follows a hybrid model that consists of elements of both the auditor-monitor and investigation-focused models. Regarding the membership and term

of the commissioners, the Police Oversight Commission would consist of seven commissioners appointed by the City Council and the commissioners would be fair and impartial and represent the diverse social, economic, and political interests of the city. To serve on the commission, folks would need to be a Santa Ana resident, cannot be a city official, elected or appointed, or a city employee. They cannot be an employee of a federal, state, county, or city government, nor can a member of their immediate family, unless five years has passed from the date of separation from that employment.

Finally, the commissioner cannot be a practicing attorney or member of a firm who handles criminal or civil matters involving the Santa Ana Police Department.

Regarding commissioner confidentiality and training, every commissioner would be required to take an oath and execute a confidentiality agreement, participate in ride-alongs with the police department, receive relevant training, attend the National Association for Civilian Oversight on Law Enforcement, sponsor training sessions or sessions held by similar bodies. The Commission will be required to meet within 30 days of all of the members or commissioners being appointed and the ordinance would require that the Commission meet at least once a month.

The powers and duties of the Commission are summarized on your screen and the full detail of their duties are attached in the agenda. The Commission would review and evaluate San Ana Police Department policies, practices and procedures, develop strategies to promote positive police community relations, and advise the city council, city manager, and police chief on those issues, make recommendations to the city manager and city council, receive, hear, and review misconduct complaints against Santa Ana Police Department officers, receive and discuss reports from the independent oversight

director, direct the independent oversight director to independently investigate misconduct complaints and subpoena witnesses, authorize the independent oversight director to audit complaint files and review policies, review any memorandums of understanding between the city and police employee bargaining groups, conduct public meetings to educate the community on the purpose of the commission, prepare and submit annual reports, and any other duties as requested by the City Council.

regarding the independent oversight director the ordinance authorizes the appointment of a director with the following powers and duties conducting investigations when directed by the commission after receiving a complaint request and review general citizen complaints use of force reports and other documents that are available to the police chief conducting audits and investigations in a fair, objective, impartial, and ethical manner in compliance with POVAR and prepare written reports in compliance with state law. The independent oversight director would be able to discuss findings with the commission

in strict compliance with state law.

Regarding budget and support, the ordinance as drafted would require that the city manager recommend a budget for the commission as part of the annual city budget process. and regarding rules and records those are to be developed by the commission in consultation with the independent oversight director and city manager

for next steps we are looking to have the city council provide direction to the city attorney to draft an ordinance establishing a police oversight commission and i'll turn the slide

Sonia R. CarvalhoItem 6

over to our city attorney thank you mr setto so mayor and council members the city attorney's Office did participate in numerous meetings of the Council ad hoc committee that was established to make recommendations on a police review ordinance and our goal was to produce a review process that was consistent not only with our city laws such as the municipal code and the charter but state laws such as the police officer bill of rights commonly known as pobar after many lengthy and in-depth conversations the ad hoc committee was not able to reach a unanimous recommendation

Sonia R. CarvalhoItem 6

on an ordinance and it is my opinion that the reason for this is a structural difference in governance models. The police review model supported by many community advocates as referenced in the ACLU's proposed draft ordinance and their recent comment letter is built upon a desire for a truly independent review body and the fundamental question is whether this truly independent review body can legally coexist in a city charter mandated council manager form of government. Section 501 of the city charter states that the city manager is the head of the administrative

Sonia R. CarvalhoItem 6

branch subject only to the city charter and ordinances adopted by the city council that are consistent with that city charter. Furthermore, section 700 of the city charter states that the city council by ordinance may assign additional functions or duties to offices, departments, or other agencies that are established by the Charter, but shall not discontinue or assign to any other office, department, or agency any function or duty assigned by the Charter to another office, department, or agency. In essence, no office provided in the Charter to be filled by appointment

Sonia R. CarvalhoItem 6

by the City Manager shall be combined with an office provided in the Charter to be filled by appointment by the city council and vice versa. The city council, finally section 701 of the city charter provides for additional officers to be appointed by the city council. And as you know, those three officers are the city manager, the city clerk, and myself, a city attorney. So there are more expansive and independent police review or oversight models. But it is important to point out that these models are provided for in cities that have a very different form of governance, such as a strong mayor or city administrator form

Sonia R. CarvalhoItem 22

of government. Or alternatively, the commission and its powers have been provided for by the voters in a city charter. One speaker this evening made a particularly good point in pointing out that the city of Berkeley is a good example of a city that has an oversight model that has true independence. I'd like to just briefly point out to you that the Berkeley voters created the Police accountability board in the city of berkeley the police accountability board and the director of police accountability report directly to the mayor and the city council and they are entirely

Sonia R. CarvalhoItem 22

independent of the city manager the board and director were created with the passage of a measure called measure two it amended their city charter in november of 2020 and that that model became operational in Berkeley in July of 2021. So the Police Accountability Board and the Director of Police Accountability in the City of Berkeley actually replaced a former Police Review Commission. There was a reason for that. The Police Review Commission that had existed in Berkeley since 1973 was similar to what is presented to you this evening in the ordinance before you. If you want to have that more expansive Police Accountability

Sonia R. CarvalhoItem 22

board and director like Berkeley or like Oakland I have time and time again advise the City Council that the path to get there is not through the City Council the path to get there is through an amendment to your city charter I would be happy as your city attorney to draft the necessary charter amendments and changes to the municipal code I just want to be clear and direct with you that we have worked hard to present to you tonight an ordinance which we believe blends input from the ad hoc committee, comments from the community, and consistency both with

Sonia R. CarvalhoItem 22

local and state law. So with that, we will be ready tonight to take any comments that you have and to draft as strong an ordinance as we possibly can. But we as the city attorney's office have to be mindful that we don't give you an ordinance, which is responsive perhaps to many of the comments made this evening but would simply be challenged successfully by a number of individuals so with that I will turn it back to mr. Soto

thank you Sonia staff is available to answer any questions you may have thank

you great thank you for that before I bring it back to the council let me just begin by making a few remarks I want to thank staff and thank everybody who worked on this as well as the ad hoc committee that spent time on this I know it's not it wasn't a simple task and you know I would adjust the timeline a little bit I think that this discussion has started much much earlier than 2020 I think this is referencing this present council but I think maybe the city attorney and I are probably the only ones left that can speak to discussions about this much earlier so you know as I mentioned the way this staff recommendation

or the staff report is drafted, this is for, once again, a discussion item only. We've already had a discussion on this. We already had a work study on July 29th, earlier this year, that was dedicated to this item. So in any event, I think that I guess we need further clarification. I believe that's what staff is saying with this report. So I guess this is our opportunity to give you further refinement on what we can do. You know, I do want to say that, you know, I understand the discussion that the city attorney is basically framing this around,

and I know my conversations with her were that there are certain things that we can't do that are bound by the charter, bound by the police officer's bill of rights, and civil service protections, and those are codified in state and federal law. So to the extent that we can have as much authority provided by the charter, provided within those guidelines of those protections that exist, and those are beyond municipal law, we can't circumvent those and we can't override those. to the extent we can have the strongest powers available to this council because I believe that to not have a commission that has any sort of autonomy

or independence is really almost more detrimental than actually having a commission at all. So that's where I hope we could take this discussion, and I hope it's taken in good faith again that we are trying to understand how we can be responsive to the community. And I don't think the idea of a police oversight commission is to be punitive on anybody or to be anti-police. I think, if anything, these are pro-public safety efforts. I think, as somebody mentioned, this is a way to protect the community. This is actually a way to protect officers

because I think the last thing officers want is to have somebody who's violating the law. that's serving alongside them. So, you know, I don't think that there is any sort of, you know, mutual exclusivity between supporting law enforcement and supporting accountability. There's accountability at all levels for all professionals. I think here, you know, it is especially important because you have officers and people in law enforcement that have tremendous powers because of the authority that they have, the weapons that they're able to use and that are provided to them to protect us.

And for our communities of color that have been strong advocates and marginalized communities, we need law enforcement. If you look at the victims of law enforcement, those are primarily people that I've heard all of us try to protect, which are those voiceless, which are those powerless members of our community that do need to have responsive, respectful officers that are able to provide protection to residents. So that, I think, is sort of the parameters in which I'm looking at this, which is these two things have to be at some point,

there has to be an intersection between supporting law enforcement but also holding law enforcement accountable to make sure that they are being responsive and respectful and, again, are following the law and are being held to a standard that I think is important. I guess before you take some comments from the council, Madam City Attorney, I guess the goal is I don't know how many more work-study sessions we need to have until we have an ordinance brought back to us. I think this will be the second time. I believe you will have hopefully sufficient direction to bring something back.

we can always bring something back under my prerogative for the council to consider. And, you know, if it gets voted down, if it gets, you know, modified to the extent we are within the scope of our discussion. But I think, you know, the good thing, what I've heard from previous discussions from this council is we all agree there should be some form of an oversight commission. It's just to what degree and what, you know, what we're able to do within our guardrails, right? The guardrails are the charter, police officers' bill of rights, civil service protections,

and any other federal, state and protections that prevent us from going beyond that. So that's where we hope staff can give us guidance because I do want to make sure that the autonomy of any commission is strong and the ability to not just simply review but to recommend. That doesn't mean that they are imposing sanctions. They are imposing any rights that infringe upon the city manager, but they can certainly recommend to the council and the city manager where they see a problem. And that will be incumbent upon the city manager to make a decision at that point whether discipline is necessary.

That's, to me, I guess at the heart of this. And to the extent that we've had this conversation about whether or not the council pursuant to the charter has certain inherent rights to subpoena and investigatory powers, I believe that we have those that are inherent, that are independent of the city manager. So, you know, let's, you know, and I get the access to police reports. Those are sensitive. I know that those are protections that officers have. But to the extent that there is this third party, I guess, position that you were looking at, and I'm not sure what it's called.

What is it that you called it, city attorney?

Sonia R. CarvalhoItem 22

Titled the oversight director, the independent oversight director.

But that is sort of the third party, the liaison between the department and the files and reports and the commission to be able to understand what those records contain.

Sonia R. CarvalhoItem 22

And this proposal was just carefully threaded through your charter because of the provisions that I read. The charter gives the council authority to create new departments and divisions and offices, but it cannot create those new departments, divisions, and offices that are already under the jurisdiction or under the control of the other departments or offices that were created. So admittedly, it's a creative attempt to thread these restrictions under the charter with what we were hearing both at the ad hoc committee and from the community in terms of independent oversight.

Okay. Thank you for that. I just wanted to frame the issue so we can now look at what there is, because there are some very good things in what's recommended by staff. I really do. I think that there are things that are helpful, things that won't contravene any of the protections that exist. And now it's a matter of just seeing how we can give direction to see if we can go further. If we can't on certain things, if you could please identify for us what it is that prevents us from going further. I think that's probably the question that I think many of us have.

So let me go ahead and bring it back to the council to see if they have any questions or comments on this and I'll call upon them. Let me start with Council Member Lopez.

Jessie LopezItem 22

Thank you, Mr. Senator. I have one question I wanted to start off with.

Jessie LopezItem 22

City Attorney, I'm not going to ask for anything that's unworkable for our charter, for civil service guidelines, rules, state law, POBAR. but I did want clarification from you because I remember when we last discussed this publicly the majority said hey here's the ACLU draft work with it and then come back to the council provide guidance recommendation and so when I read Exhibit 1 I don't see necessarily any of that language in there and so my what I assume is that when you read that is the entire language that you know

Jessie LopezItem 22

these attorneys presented not workable with our charter with state law with

Sonia R. CarvalhoItem 22

Pobar with cerebral service and know the entire version of what I'm going to call the community advocated version that's what I've been calling it the community advocated version there are words and sections that could be included for For example, the areas on membership, qualifications, and things like that could be included in this version. So tonight, for example, the council said you wanted that, then that would be getting direct majority direction from the council to put it in here. There were other sections. I guess I will say publicly that I did share with the City Council an attorney-client privilege

Sonia R. CarvalhoItem 22

version of some thoughts because it was legal advice to you where there were some whole parts of that version that just could not were not workable because especially with respect to the review model itself they were getting down into the details of basically instructing step by step how your city manager was supposed to respond when the city manager was supposed to respond And I felt that some of those sections were interfering on the City Manager's authority as the Administrative Officer under the Charter. So the areas of membership and qualifications, I could take direction from you tonight and incorporate it. What areas?

Sonia R. CarvalhoItem 22

Membership and qualifications.

Sonia R. CarvalhoItem 22

Basically, any of the areas that did not have comment in the version that I shared with

Jessie LopezItem 22

you that had my colored comments. Okay, got it. Thank you. So I'm going to move into Exhibit 1. And you present a list of options under Section 2-621. I think, you know, for me, I believe the first B, because there's three Bs, that's something that we can build off of and I had another question that I just wanted clarity for the public when

Jessie LopezItem 22

we're listening you know great bodily injury discrimination officer veracity sexual harassment and or sexual assault by a non-duty San Ana police officer can you please explain what are the parameters of those specific distinctions and why not, or can we expand on those? Okay.

Sonia R. CarvalhoItem 22

So the reasoning behind, as this has sort of been narrowed down, it's not as broad or extensive, is because these categories are set forth in what we call codified state law. SB 1421, which is a new requirement that amended POBAR, allows the disclosure of documents within a certain time frame, I believe it's 45 days, I have our police legal advisor here this evening to help out in case I misquote any of these. But there are these new laws that require disclosure. So the idea was that if there is a state law that says the city is legally required to disclose public documents

Sonia R. CarvalhoItem 22

related to these types of actions or crimes, that then there couldn't be an argument from a police officer saying, you have gone beyond the scope of POBAR. So let's say that an officer is instead alleged to have shown up to work five times late and, you know, maybe taken something from the department. If that was the type of allegation that they were facing, we would have a very difficult time under our city charter and our form of government of getting at those personnel records of the police officer.

Sonia R. CarvalhoItem 22

But if the police officers commit any of these things, then under SB 1421, it would be easier for us to access those records, because they have to release them anyway.

Jessie LopezItem 22

So any report regarding collisions or injury would not be subject to release to the public?

Sonia R. CarvalhoItem 22

So I believe that we would have to look at that on a case-by-case basis, because if someone filed a tort claim for injury or an accident under state law, those tort claims are subject to release. The question you're asking is, well, could we get the police department's file concerning that officer's involvement in the accident? And I think that would be very difficult under the current rules that we have to deal with

Sonia R. CarvalhoItem 22

Because if that officer is facing potential discipline, POBAR says that that officer has certain privacy rights, procedural rights, due process procedural rights, and that we cannot disclose those records. Okay. Thank you for that clarification.

Jessie LopezItem 22

So, let's see. And the only reason why I'm leaning towards the first B is because I think the second B and the third B, when it indicates if the Department's internal affairs investigation results in a finding of unfounded, exonerated, et cetera, I think that indicates, I think it kind of removes a function of what we're trying to create with the review board and so we don't necessarily want an investigation just by that AI

Jessie LopezItem 22

department right so that's why I'm leaning to the first B second of all I see that there's anonymous complaints will not be accepted on my end I think we can strike that because I when we discussed this in the ad hoc I understood why there was a need for some sort of control around the parameters of who and how do we follow up with people but the more that I thought about it I do think it's important that we

Jessie LopezItem 22

protect people's right to privacy if they want to be anonymous for whatever reason and And I think people, some people feel comfortable reporting and attributing their name to this report. Other people not so much because they might be undocumented or they don't know English or because they don't necessarily understand the process of what will be set in stone here or the legal process in general. So I think for me, I'm comfortable striking the clause for anonymous complaints will not be accepted.

Jessie LopezItem 22

Also, the 120 days seems, you know, I'm thinking about when there was a lot of protests going on and, you know, some of the protesters got hit with rubber bullets and lost eyes or got broken hands. And so people had to spend months in the hospital. So when I think about 120 days, I don't know how, I don't know that where, I think it would put the onus on that person, right, that maybe wants to do a report but is incapacitated or is not available within the 120 days.

Jessie LopezItem 22

So I would be open to moving the number around to expanding it longer than three months.

Jessie LopezItem 22

and I had a question because there was a there was a section about transparency and can you confirm with me if if right now I think per AB 593 we collect data I think like traffic stop data and racial identity data and we report that to the attorney general's office, but do we report it publicly on our website now?

Sonia R. CarvalhoItem 22

Councilmember, I'm just deferring to staff. That's okay. Thank you.

There is a large number of data that's reported to DOJ that's available on their website as well as data on our site. But I will defer to the police chief on the specific data that's included.

Jessie LopezItem 22

Yeah, I think we do a great job in reporting in custody death, shootings, alleged misconduct. I saw a list, but I didn't see specifically if the AB 953 description is part of what we report now publicly.

Traffic stops?

Jessie LopezItem 22

I believe it's the Racial Identity Act.

We don't have that on our website currently.

Jessie LopezItem 22

So I think because we collect it and we report it to the DOJ's office, it's something that I would like to just see added to our website. It's just another layer of transparency so the public understands that we're not trying to hide specific data.

Sure.

Jessie LopezItem 22

That's going to be my first round of comments. Thank you.

Thank you. Any other comments from the council? Council Member Hernandez.

Johnathan Ryan HernandezItem 22

Thank you, Mr. Mayor. I fully concur with Councilmember Lopez and yourself, Mr. Mayor. I think that this fails to establish commission independence. The National Association for Civilian Oversight of Law Enforcement defines an investigatory oversight model as, quote-unquote, allowing for investigations to be conducted by an oversight agency and does not rely on investigations from within police departments. The Exhibit 1 policy language that we have presented in front of us does not establish an investigatory police oversight commission.

Johnathan Ryan HernandezItem 22

This language does not allow us to have a police review commission that is rooted in accountability and that is aligned with the community's demands. And furthermore, this language also fails to establish the meaningful independence from the police department as the Chief of Police and his designee are required to all attend all regular and special meetings of this commission. The investigations and deliberations of this commission need to be independent from SAPD. We can no longer afford to continue to have a system that we're kept out of. And this is a system that was created to protect and serve us in our own communities.

Johnathan Ryan HernandezItem 22

And so an independent police oversight commission should operate with control from the public, with insight and purview from the public. It should not be influenced by police command staff. Number two is I want us to focus on limiting the scope and the ability for public complaints. The policy language that we represented today severely limits the scope of complaints and the timeframe by when the public can submit complaints. Duly noted by Council Member Lopez, the day that we have is 120 days of the incident.

Johnathan Ryan HernandezItem 22

And I want to share with you that when you are on the other side of police misconduct, it is very traumatizing. Oftentimes, you don't feel safe coming forward and sharing your experience, and 120 days is not sufficient. That is why I think that this time frame is burdensome, especially for people who have been harmed or they're on the receiving end of police misconduct. Take, for instance, the issue that happened many months ago where we had an officer who was playing Disney music in the community, allegedly. This was a traumatic experience for everybody involved.

Johnathan Ryan HernandezItem 22

For people who were present, for the children who were there and were recording, many witnesses were afraid to come forward and share their experience. Now, I was a council member who was present that day. Many of the community came forward to me. I had thousands of residents reach out to my office and shared that they did not feel safe coming forward sharing their experiences with misconduct. Taking that into account, we need to have something that is better reflective of the community's needs. 120 days, I feel, is not sufficient. Number three, I feel that we are failing to establish access to police department records.

Johnathan Ryan HernandezItem 22

There's been a number of legislative policies that have passed throughout the state of California that is aimed at addressing the access to police records. To effectuate meaningful oversight and accountability, this commission needs to be guaranteed to have complete and prompt access and needs to be subject to state laws, to all the SAPD documents, information, testimony relevant to investigations. This policy language does not have provisions outlining the communication between the commission and SAPD.

Johnathan Ryan HernandezItem 22

So this commission must have the ability to subpoena witnesses, should have the ability to have access to documents, including police disciplinary documents, communications, video, and audio footage. Number four is we need to have disciplinary authority. This policy lacks this, and it fails to address the commission's role in their demands for accountability for officers that do engage in misconduct. Of course, Santa Ana PD has a lot of great officers who come out here and do take pride in protecting and serving the community.

Johnathan Ryan HernandezItem 22

But of course, there are those officers who abuse their badge and don't do the right thing on the job. And that is why these conversations of police accountability are happening across this country. This commission must be explicitly authorized to provide disciplinary recommendations to the police chief. and Internal Affairs Division of Senana PD before the statute of limitation expires finally the language must authorize that the Commission can recommend disciplinary policy guidelines to the police chief internal affairs

Johnathan Ryan HernandezItem 22

division and the City Council number five is diminishing the capacity of come of this Commission's membership this membership should have the requirements and qualifications that are going to strengthen this police oversight model that the public's asking for. Specifically, our commission members, presently, I don't feel represent the city of Santa Ana's diversity. We need to make sure that there is language that is included that pertains to commissioner's qualifications to ensure that there is effective police oversight,

Johnathan Ryan HernandezItem 22

including background in human resources, a background in management, background in policy development, auditing, law, investigations, social services, civil rights, civil liberties union, and trauma-informed care.

Johnathan Ryan HernandezItem 22

Moreover, having this level of language, it ensures that us as a city, we are creating a commission that is going to empower and give community members a seat at the table so that they do feel like stakeholders in the city of Santa Ana so that if there is misconduct that's happening, there is something in place for residents to empower themselves and hold officers accountable who are not respecting their badge. The last comments that I have is going to pertain to the independent investigatory authority. This commission needs to have the authority to investigate serious incidents,

Johnathan Ryan HernandezItem 22

such as use of force, whether or not someone has filed a complaint. Some examples that I'm going to provide are not limited to. All incidents of in-custody deaths or serious injury, Category 1, accidents. Number two, use of force, including force involving physical techniques or tactics, chemical agents or weapons. Number three, the police department pursuits that result in a collision or injury. That is a topic we visit far too often in cities like Santa Ana.

Johnathan Ryan HernandezItem 22

Number four, misconduct in police complaints, including but not limited to excessive use of force, use of force incidents, abuse of authority, coercion, verbal abuse, and that's not limited to slurs relating to race, ethnicity, religion, gender, sexual orientation, disability, and discriminatory behavior.

Johnathan Ryan HernandezItem 22

Number five, civil rights violations including but not limited to unlawful stop or arrest, improper search or seizure of either individuals or property, unlawful denial of access to counsel, and interference with First Amendment assemblies, association or expression. Something that was brought up by one of my colleagues in relation to the uprising that took place in 2020. Number six is conduct that bears on the credibility of officers or demonstrates more moral turptitude, including perjury, false statements, filing false reports, destruction, falsifying or concealing of evidence.

Johnathan Ryan HernandezItem 22

Lastly, criminal conduct involving theft, bribery, racketeering, trafficking, sexual assault, or domestic violence. comments. And these are my first round of comments at the moment, Mr. Mayor. And that concludes my comments, sir. Thank you.

Thank you. Let me go ahead and go to Councilmember Fan and then Councilmember Peñalosa.

Thai Viet PhanItem 22

Thank you, Mayor. Madam City Attorney, I just have a few questions. So I really appreciate you breaking down the multi-layered legal framework that we have to basically work within. It's like, don't touch the lava at this point, right? And I've shared those sentiments with those who've met with me. The first is obviously we have Pobar, among other things. And so I'm just going to go kind of down the list of my notes. The first is regarding the statement that the

Thai Viet PhanItem 22

current draft or the discussion draft fails to establish commission independence. Now, Council Member Lopez has brought up, you know, the menu item B, the first B, and that seemed to me to be a pretty broad, kind of the broadest category of items that may be reviewed, you know, receive here and review. So to me that means to investigate and review misconduct. I definitely appreciate the limitation that's placed on here. No offense to anyone but if someone's chronically late to work I think our police chief can

Thai Viet PhanItem 22

deal with that administratively. This is it's actually a similar way that they deal with it in the military right. And so for me I can see that I just want to clarify that that provision is specifically to say this commission would be able to investigate. It's not just a review or an audit. It's also an investigatory body.

Sonia R. CarvalhoItem 22

The way the ordinance is set up, it's not the commission as commissioners being able to direct investigations. The way this is set up is using that independent investigator officer, the director of the investigations would be like a one person being able to go in, work with the police chief to gather information, to issue subpoenas under the authority of the city charter that already exists. That person would then be able to go back with the commission and in a closed session, for example, present in a closed session, this complaint was made against this officer.

Sonia R. CarvalhoItem 22

Here's the information I was able to gather. You can hear it. You get to see it. you can make recommendations based on it.

Thai Viet PhanItem 22

And I think that's actually currently similar to the way we do it with employee investigations. For example, we hire outside counsel. They do the investigations. They interview witnesses and whatnot, and they come back and give a report to the city council in closed session, who then may decide to take action. And just to reiterate, that is a result of our city charter, correct? That is correct. Thank you. And this This is, I think, really important because the way I see this framework happening, and I've said this many times, is I don't want the great to be the enemy of the good.

Thai Viet PhanItem 22

And unfortunately, we can't do all three things at the exact same time. We have to pass an ordinance, we have to look at a charter amendment, we have to also negotiate with our unions because they also have to agree to a number of the provisions that are being requested in this model ordinance that was submitted by the ACLU and CHISPA.

Thai Viet PhanItem 22

And that's kind of the heart, you know, the lava part, right? Go ahead, Madam Secretary.

Sonia R. CarvalhoItem 22

So I just also want to point one thing out because it was really important in there. So yes, in the section that we have, but I'd also just like to point out that in your agenda packet, the city council doesn't lose its authority under the city charter. Maybe you were going there and I'm stealing your thunder. But the city council doesn't lose the authority in its city charter, nor does the city manager lose the authority that says that you can direct the investigation at any time of anything that you want. And you can delegate who you want to investigate.

Sonia R. CarvalhoItem 22

So if we created this model and using the example and some of the descriptions that Councilmember Hernandez made, if there was a serious incident that wasn't encompassed within subsection B, but you thought was really pertinent to a community conversation, the City Council could direct this independent oversight person to do that investigation.

Thai Viet PhanItem 22

That was exactly what I was thinking. I'm so sorry. We lied to you. No, I think actually that brings up a really good point. So for example, the commission can say, here are five different things we have noticed, seen, received, that we want the city council to take a look at and give us direction, give the commission and the independent authority direction to investigate these issues. As such, we would still be required to, as a council, make the decision to investigate, but that we don't circumvent any authority. So I just want to clarify that's what we're saying. Great.

Thai Viet PhanItem 22

The second thing I wanted to bring up is the statement that the draft discussion ordinance limits the scope and ability for public complaints. And so my question with that was, why do we have the limitation that it would only be reviewing or investigating complaints made directly to the commission and not complaints in general? Like if someone who doesn't understand that we have a commission or how it might work, they might just go to the police chief or something.

Sonia R. CarvalhoItem 22

Yeah, there was some discussion at the ad hoc committee, as I recall, under Penal Code Section 832.5, which I believe is the section regarding citizen complaints. And we did have a conversation about whether every single one of those complaints should be sent over to the Police Review Commission. So there was a conversation about that. I think it was an issue of how many you have and what those complaints usually look like. So I think there's some discretion there, and you can make policy on whether you want it to come through the 832.5 process or whether you want someone to go directly.

Sonia R. CarvalhoItem 22

We thought that by going directly to the commission, the commission would have some ability to, you know, go through maybe what might not be a clear complaint. You're not just having someone, if you wrote down a complaint and if it's going to be anonymous, then are you really going to have this big volume? And so it gave the Commission some ability to go through the complaint process.

Thai Viet PhanItem 22

Got it. So I understand that too, right? We want to have some ability to sift through. You know, you might get 120 complaints a month. The majority might be something random. I didn't like that the officer was driving in front of me too slowly. Just an example. And so I think that, I guess I open it up to my colleagues because I think by limiting it to only complaints directed to the commission, we make it too narrow. But maybe if there are complaints directed to the police department or the police chief that fall clearly under these categories, that they are redirected to the commission

Thai Viet PhanItem 22

and that it would be, and I don't know the legal framework under ProBar, whether the Commission can say what complaints have you received we would like to take a look at these that might not be you know automatically you know segue to the Commission so I would like to see I think that would allow us to capture the direct complaints capture the ones that clearly fall under these categories but also give the Commission an opportunity to look at additional complaints if for some reason you know some someone in the police department said it didn't fall into category but the Commission felt that it did.

Sonia R. CarvalhoItem 22

Yeah, I think we could do that. We could have a process where we combine the 832.5 complaints and those filed with the Commission and maybe even include any of the tort claims that are filed with the city. That might capture an area as well.

Thai Viet PhanItem 22

Thank you. The next comment was regarding the failure to establish access to police department records. Now, obviously, we all understand, again, there's personnel issues, pulver issues, etc. But, and I was trying to look through this and please tell me if I missed it, but I'd like to see maybe a catch-all type provision that says, you know, access to all records, you know, related to the complaints, subject to state laws, federal laws, etc. I think that that generally happens. You know, for example, the city clerk's office might need access to some of those or someone in records, I don't know.

Thai Viet PhanItem 22

but that does happen but it's subject to a limitation.

Thai Viet PhanItem 22

And that way it makes it clear that the commission has access to these records as necessary but that we are not trying to circumvent state protections.

Thai Viet PhanItem 22

The next issue is the lack of disciplinary authority. So I've talked to our advocates many times about this and a huge part of that is we have MOUs with our unions, as we should, and a lot of that, as well as our city charter, outlines how discipline is enforced. And so the way I understand it is that there are going to be recommendations made by the independent authority or investigatory authority plus the commission. So can you address this statement a little bit for me?

Sonia R. CarvalhoItem 22

Okay, I'm just trying to make this as easy to understand. So the authority to discipline in the city of Santa Ana under its city manager form of government for anyone who is covered by the civil service rules, which all of our officers are, even our unsworn in the police department are, then we have to follow that process. We also have a personnel board mandated, once again, by the city charter where these individuals can appeal discipline or termination to this body.

Sonia R. CarvalhoItem 22

So in my opinion, you could not just draft an ordinance that would take away that authority from that personnel board or from the city manager because that's that conflict I described to you. So that's where I think when people say we have to give them authority, we're giving them the right to make the decision. I just don't think you can do that unless you amend your city charter to authorize it. But I think that the idea that this commission, after hearing these items, could collectively come up with a suggestion to the city manager or the police chief that said, And I'll give you this as an example.

Sonia R. CarvalhoItem 22

We've noticed that our officers are having a lot of traffic accidents, and we've noticed that they're not being disciplined for it. Or one particular officer has had five traffic accidents and has received no discipline. I think that this commission could easily make that recommendation to the city manager or police chief to say, could you look more closely at the type of discipline that officers who crash our cars are receiving?

Thai Viet PhanItem 22

So I don't understand that. I see that more as a policy recommendation, which is fine. I don't think that was ever, I guess I never questioned that ability. But for example, Officer Tai does something bad, and the commission, after hearing the investigation and everything, makes a recommendation to the city manager. We recommend X result. Obviously, it's a recommendation, not a binding recommendation. I want to clarify that this draft working ordinance would permit that. Okay, we can incorporate that. Thank you.

Thai Viet PhanItem 22

And this is not to say to those watching out there that I don't support direct, I guess, implementation of some type of discipline. It's that we need a charter amendment. And I know that I can commit to, say, bringing back a discussion of a charter amendment to allow us to change our charter. Allow, not us, the residents of Santa Ana to change the charter to allow us to have this ability, but right now we don't have that ability. So I just want to make it clear for those watching. The next issue is the commission membership.

Thai Viet PhanItem 22

I've stated time and again, I will not support a police oversight commission that prohibits former law enforcement officers and their families, with current family members or whatnot from serving on the Commission. I feel very strongly about that. We need to make the Commission equitable and we need those who are facing the Commission to feel like they have a fair shot just as I support having those who have faced the criminal legal system having access to being a member on the Commission. And so with that I want to comment on you

Thai Viet PhanItem 22

know the Commission membership the first thing is I don't support the provision that says no government employee may serve on the Commission I think I can understand where that came from but I don't think someone who say serves on you know the Department of Transportation is for some reason unable to serve on this Commission so I would just strike that entire provision regarding, I think it's 2-618C. However, I would like to see some additions added.

Thai Viet PhanItem 22

I would like to see the following kind of like guardrails. The first is that former peace officers shall not be eligible to serve until they've been retired or left the service for at least five years. I say that because we have the same requirement, I believe it's for a Department of Defense. Former generals have to retire for a certain amount of time before being appointed unless they get some congressional waivers. And I do support that. Our officers, current officers, they work with each other. We have mutual aid. I can understand that.

Thai Viet PhanItem 22

The next is that former law enforcement officers must be limited to only one on the Commission I think that is also a fair guardrail to say that we want to have their voices they should be able to serve but that we also want to make sure it's also reflective of the community and then I have so much I'm sorry guys it's a long one and well actually I think that might be it for now so I will move on to the next person thank you

great thank you for that let me go ahead and move to councilmember Peñalosa

David PenalozaItem 22

thank you mayor Sarmiento and I just want to firstly thank my my colleagues mayor and mayor Plotem Becerra for joining me on this item back in 2020 to bring it forward this last go around I know it's been years in the making for decades that our city has requested this, our community, and I'm happy it's finally here.

David PenalozaItem 22

Just a couple things. I agree with a lot of what Councilmember Van said, Lopez, and Hernandez, just different parts of it. So I was taking a couple of notes here. I think it's important that we move forward with this model that's presented before us, just because of similar concerns that Council Member Fancid and the City Attorney, that there are charter changes required to move forward with the type of ordinance that was recommended by ACLU and the community.

David PenalozaItem 22

So, I'm supportive of moving this ordinance forward eventually when it comes before us. But a couple of things that I had, I do agree with Councilmember Fan in the fact that I'm comfortable with public agency employees serving on this board. I guess my question to the city attorney is why that rule was added in the first place. I mean, I want to know if there was something, I mean, why are we forbidding in this ordinance for a public agency employee at any level to participate on this commission?

Sonia R. CarvalhoItem 22

As I had mentioned, the ordinance that was before you was blended, and that prohibition was discussed at length by the ad hoc committee. It was not a unanimous recommendation. I think at the time it might have been like 2-1. I'm sure the members will correct me if I'm mistaken, but there was a significant amount of conversation. So I blended that in. It existed in the ad hoc committee version, and I just carried it over.

David PenalozaItem 22

Okay. Because I'm just thinking if a resident of ours works in the Parks and Rec Department of Linwood, or, I don't know, Pasadena, I wouldn't see that as a disqualification for them to serve on the Police Oversight Commission if they're qualified and have the best interest of the Oversight Commission. So I'm supportive of removing that clause. Maybe not an employee of the city. That would obviously make sense is to forbid, or even the county here locally, the Orange. Maybe just because of the jurisdiction and the geographic area around us, maybe not the county or the city of Santa Ana. I'd be comfortable with that.

David PenalozaItem 22

I do agree that the 120 days should be extended potentially to six months would be my preference, but you know anywhere from six months to a year after an alleged misconduct happened, I think we should extend that. So, you know, happy with that change. The other one was just minor section 2-618 towards the beginning, letter A. it just for you know it's let me find it here

David PenalozaItem 22

it just the entire ordinance does a good job of

David PenalozaItem 22

just

David PenalozaItem 22

so 2-618A prior to attending his or her first commission meeting I would just make a recommendation that that's changed to there, just so that it coincides with the rest of the ordinance, the way it's written. And we make it gender neutral, as that's what we're doing with our charter, with Measure X, in order to be consistent.

David PenalozaItem 22

And the other one was just... Let me find it. Give me...

David PenalozaItem 22

I also agree with Councilmember Phan in I don't think that we should block any former law enforcement officers or relatives of law enforcement officers from serving on this board because it should, you should have members on that board that are going to provide many different perspectives, whatever the case may be, when it comes to overseeing any potential alleged police misconduct. So that I'm supportive of.

David PenalozaItem 22

One section that stood out to me was 2-620 under meetings. it says that the Commission shall hold its first meeting within 30 days after all the members of the Commission are appointed. That worries me because I've seen what elected officials for decades, I mean, who knows, one elected official could just say, you know what, I'm not going to appoint somebody. And therefore, per these rules, we never have a commission meeting. So I would say, I would change that to commission shall hold its first meeting within 30 days after a full quorum is appointed.

David PenalozaItem 22

If we have four, I mean, make sure that they start meeting because I think that would put pressure on however we do end up appointing or these members get, you know, on the commission. I would put urgency on that to get a full board going because I would hate a commission to be held hostage by somebody that just doesn't choose not to appoint somebody. So I would make that recommendation to make that change on 2-620 under meetings. You know which section that is, right, Madam City Attorney?

Yes.

David PenalozaItem 22

Perfect. And that's it for now. I'm happy this is here before us because we eventually need to plant the seed for whatever this could become. I don't want it to be seen as a concrete firm ordinance that's done and we throw away the pen. With the eventual charter change that will come, maybe at the 2024 election cycle, we could amend this. It's a work in progress is what I want to see it as. So I think that with a city our size and looking at methods at different models that have been now seen up and down the state, we could see how it works. We could see what's worked.

David PenalozaItem 22

We could see what doesn't work and, you know, and just massage it as we go along. So thank you, staff, for working on this diligently for the last two years. And, yeah, that's it, Mayor. Thank you. Thank you.

Mayor Pro Tem.

Phil BacerraItem 22

Thank you. and thank you council member Penaloza for pointing out that this was introduced by myself council member Penaloza and then council member Sarmiento back in 2020 and yes there were previous attempts but I think there's some folks out there that kind of confuse the fact that somehow some way that there is you know factions on the council that don't want oversight I think what really the discussion is about thankfully is it's in the details on what it actually accomplishes and in fact I want to thank my colleagues who served with me on the ad hoc I wish we had more time and I'll get to that in a second but when it

Phil BacerraItem 22

comes to what we discussed I mean they were long discussions but I believe they were productive I truly do and I and I say that because they were long we didn't spit out an ordinance within eight meetings and that sounds like a lot, but we're not tackling something simple. You know, we're not saying yes, no on something, and that's it. We're talking about all these different things that it's just, I mean, there's a lot of moving parts. And so I believe that I think across the board, people in Santa Ana and anywhere would support oversight of police, because while there are some that are

Phil BacerraItem 22

concerned about, you know, these issues regarding, you know, some sort of violence from police. I think for a lot of folks that I speak with, the concern is customer service. The concern is how to make police respond in a certain way. And so I see this commission as a vehicle to do that. I see this commission as something where we've had previous discussions about police policy from this dais. And while the council took that discussion on, it really could have easily been handed off to a police oversight commission and then have those recommendations come back to the council for potential adoption.

Phil BacerraItem 22

So I would say that one comment that was made about whether the police chief should attend, I can't imagine why you wouldn't want the police chief to attend. You don't keep the planning director out of a planning commission meeting. You don't tell the city manager she can't be at the council meetings because we don't want her influence while we have our discussions. I think that you want police to be there so they can provide insight. The commission, I think, is going to be an independent-minded body.

Phil BacerraItem 22

I don't think that the police chief sitting in the room is going to push dedicated folks who have certain perspectives away from where they're going. I think they should be open-minded, but I don't believe that the presence of police in the room is a bad thing. I think that's actually a good thing. I think that this, when it comes to membership, that was one thing that was brought up. Like any one of our other commissions, I believe it should be seven appointees, one from each council member sitting on this dais. Again, I do believe that former law enforcement officials should be eligible, and I agree

Phil BacerraItem 22

with Councilmember Fan in the statement that maybe they should be retired for at least five years so that there is a clear separation from current law enforcement. And as far as the diversity of the commission, just look at the council. We have diversity here. And so I think that with seven folks that approach policy from different perspectives, I can't see why you need to put additional requirements on the council when it comes to appointments. I think unless you're just trying to skew the commission to be favored toward one perspective over another, I think what we should be doing is allowing the council to appoint.

Phil BacerraItem 22

I think one of my colleagues mentioned the idea that, I think it was Councilman Penaloza, So let's not throw the pen away, right? I think that whatever ultimately gets adopted is not going to be the end all. I think what we need to do is get this oversight commission up and running. Let's get folks appointed. Let's start to see where this goes. And I think Madam City Attorney brought up Berkeley where you had a commission for so many years, and then it evolved. And I think that's what's going to happen here. I think whatever ultimately gets adopted by this council will not be the same oversight

Phil BacerraItem 22

commission in 10, 15, 20 years down the road. So I think it's okay to take baby steps, right? You know, it's like being a parent of a five-year-old, like, why aren't they in the NFL yet? Well, hold on, let's give them some time to mature. Let's give them some time to grow. And I think that's what we need to do here with this. One thing I'm seeing in the discussions tonight is the failure of national organizations' cookie-cutter proposals and the challenges that our city attorney's office has in trying to make them work in Santa Ana. Our charter has been around for a long time and a lot of folks have been interested in

Phil BacerraItem 22

police oversight. As we heard, police oversight has been something that's been talked about since the 60s. I think we've had time to look at a charter that's been around since the 1950s and look at ways that we can actually make it work. So taking these outside organizations and trying to shoehorn it in doesn't work. I think what we were doing at the ad hoc was more productive. It was a lot of work, but I think we were slowly getting there. And that's why I think you see with the version that's before us today, a lot of that is work from the ad hoc.

Phil BacerraItem 22

And again, took a lot of time, but I think we were able to work on getting some things done. And I've said this at other meetings, even though there were some 2-1, I'd say, votes or decisions on what came out of that, there were a lot of three zeros. I think all three of us were in agreement on many issues when it came to certain components of oversight. And I would say at this point, you know, when it comes to addressing independence, I think, as you've heard a lot tonight, that you do have bumpers such as the charter, as the muni code, our form of government.

Phil BacerraItem 22

I would like to see staff come back with something, and I would love to see the ad hoc reinvigorated and reassembled so that we can look down the road at 2024 and what charter amendments we potentially could put forward. I've said this before and I'll say it again. I do not support the Anaheim version. I don't think it does enough. If we want a group to just take reports from the PD, I mean, why assemble a group and why assemble staff? We can just let PD put out press releases. I think that there should be some sort of productivity that comes from this.

Phil BacerraItem 22

And so I think that the NI model, with all due respect, just doesn't accomplish that. So I would like to see staff return with something that, you know, again, taking some of the input that we've heard tonight. I think all my colleagues had some great suggestions. I agree with bits and pieces of what I heard. But yeah, I would like to say that, you know, hopefully something can come back to us. But again, we have to have the expectation that realistically, as we talk about some of these things that we all want to accomplish, we do have some legitimate roadblocks. These aren't manufactured. These aren't things that we're using as

Phil BacerraItem 22

excuses. These are just things that we need to work through. And I think that you see from the discussion on this dais there's a lot of in a lot of support for that um one thing i do want to ask madam city attorney and this is where we have this discussion at the ad hoc and unfortunately it wasn't resolved before we brought this back to the council but you know i hear the term investigation investigatory power right what i still

Phil BacerraItem 22

haven't got clarity on, maybe you can provide it, is that when we talk about the process of, okay, someone submits a complaint,

and we've already heard about where it goes to,

Phil BacerraItem 22

whether it goes to PD, whether it goes to this independent investigator, whether it goes to Daniel Soto in the city manager's office, whoever it goes to, right? This lands somewhere in City Hall of the police headquarters. So what then? So we talk about investigation. Are we saying, and I know we've got some options in the ordinance, But I guess what I'm not clear about is, so what, because I hear different things. Are we saying that we want this to be concurrent with IA? Are we saying we want it after IA? Because I think once we pick something off this menu, we are also impacting what the ultimate outcome is.

Phil BacerraItem 22

So, for instance, if we say it's concurrent with IA, then the question becomes, well, what if there's a disagreement between IA and this investigation from the commission? What is that path? Where does it go from there? If it happens after IA concludes their investigation, and correct me if I'm wrong, I believe it's POBAR that has certain limitations. So, for instance, the IA investigation says the officer did no wrong, everything was fine. The Police Oversight Commission conducts an investigation after IA and says, oh, no, no, no, something definitely was wrong. But it doesn't matter, right?

Phil BacerraItem 22

There's no ability to impose discipline because there's a statute of limitations of when you can do that, correct?

Correct.

Phil BacerraItem 22

Okay. So that's where I guess when we throw out these terms like investigation and discipline, I don't feel like we have that clear path yet. In fact, that's where I don't envy your job right now, Madam City Attorney, because I don't know that there's clear consensus at this point of what that means.

Sonia R. CarvalhoItem 22

So that's a really good comment. And here, let me tell you what I think it means and what I would be drafting based on what I heard today.

Okay.

Sonia R. CarvalhoItem 22

I heard, well, first and foremost, there's nothing that the city council can do that would impact the way the police chief and his department or her department chooses to handle internal investigations under penal code provisions, under POBAR. So you guys just cannot impact that because you can't change state legislation and under our city charter You can't direct your city manager on how to discipline someone to hire fire or make recommendations To your city manager as to who they hire that's all set forth in your charter so so the way I look at your question is

Sonia R. CarvalhoItem 22

I look at this commission as being entirely independent of that that process that process is handled internally under the commission process as you guys are envisioning it, as I'm listening to tonight, is that complaints would come in through 832.5, citizen complaints to the department. They might come in directly to the commission. They might come in through a tort claim. They might come in through a lawsuit. If they were to come in in that way, the timing and how that would be handled by the commission might be entirely separate from how the department is handled.

Sonia R. CarvalhoItem 22

Some day if you decide to change your charter and you authorize these truly independent investigations then those IA processes can be married to the commission's process. But what we have on the table today is sometimes they might match up, sometimes they might be a year later. Because by your own comments tonight you're saying someone could delay. Someone might not even come forward and file a complaint until up to a year later. Let's just say that I was going to recommend you do six months and then maybe up to a year if someone can show they were incapacitated due to health or maybe even incarceration.

Sonia R. CarvalhoItem 22

In that instance, the statute of limitations on the IA process is over anyway.

Phil BacerraItem 22

Thank you for that clarification. That's what I'm getting at. I don't want to see this Commission formed. I don't want to see people take time out of their busy schedules to come in and feel like they're contributing and then it goes nowhere. I think it's important that, for instance, if we're talking about reviewing cases that come from IA, and then after they peel it back and they do their review, they say, you know, wait, why does the policy allow the officer to do X? Maybe that policy needs to be revised. Hey, let's work with our independent person. and let's draft something that goes to the city manager,

Phil BacerraItem 22

the police chief, and the council, and ask them to revise the policy or direct that the policy be revised. But I guess what I want to be able to do is manage what those expectations are in the near term, not to put a cap on what could happen down the road, because, again, I think hopefully if the mayor would concur that perhaps down the road we can reestablish the ad hoc and start to talk about those long-term policy implications and what next steps need to happen because it is clear from tonight we cannot do certain things based on certain things outside of our council's control. So again, I just want to express

Phil BacerraItem 22

I'm very appreciative of what staff has done. I'm appreciative of what my colleagues have done. And I do see some of the potential limitations on what we can do in the near term. But I hope that we continue this because I don't care where you stand. I think in our city, we want the best police force. We want to continue some of the progressive traditions that our police force has embodied. And in order to continue that, I think oversight is a good thing if done right. Those are my comments for now. Thank you.

Thank you. I think the only person who has spoken is Council Member Mendoza.

Thank you, Mayor Saramundo. I am supportive of the Oversight Committee and there has been a lot of work put in. And I thank staff for the details. And I think it's coming along well. I do agree that we need to have our representative from each ward and that we need to ensure that we have some experts on there to guide the commission.

And so I am supportive in having the chief or one of his appointees present as a guidance and counselor along the way. And I also would like to get a timeline as to the process and maybe when we'll be able to get going on appointing representatives and getting the commission active. But I do agree on the majority of the suggestions that my colleagues have made.

I won't repeat them because they're very similar and close and I think it's coming along just fine but I would like to get a timeline as to when we can see close into this.

Sonia R. CarvalhoItem 22

I think in terms of timing from the legal standpoint, I would defer to staff. the city manager from any staff resource standpoint. But given the direction you've given tonight, and when I have an opportunity, I will briefly summarize what I now have as 10 very specific changes to the draft that was proposed. We would have this ready for you at the next meeting for first reading, your second reading, and then the ordinance would go into effect 30 days later. And then I would defer to the city manager in terms of getting resources together and being able to actually have this implemented.

Thank you, Councilmember. Excellent question. I think that City Attorney, you responded. Go ahead, Councilmember.

Jessie LopezItem 22

I have a follow-up question because the timeline now feels like it's moving forward.

Jessie LopezItem 22

Full speed ahead. So within 30 days of the ordinance being implemented, what happens to the personnel board?

Sonia R. CarvalhoItem 22

The personnel board will remain in effect because it is in your city charter. And so the personnel board will continue to work as it works. You're going to now have potentially three different processes. You'll have a process where an employee is going through the internal affairs process through the department. You might have an employee who is then disciplined and appeals. Remember, the personnel board only handles appeals or certain matters that are brought to its attention. And then you'll have this body, but this body would be looking at something and making a recommendation only.

Sonia R. CarvalhoItem 22

Your recommendation comes in soon enough that it can be considered by the city manager or police chief when making their decision. That might be incorporated.

Jessie LopezItem 22

Okay, thank you.

Go ahead, Councilmember Hernandez.

Johnathan Ryan HernandezItem 22

Thank you, Mr. Mayor. I'll keep my last comments very concise. I'm in agreement with a lot of what was mentioned up here today. I just wanted to touch on the makeup of the Commission. I know that earlier I had mentioned that to an extent it would be best practice for us to have a commission that is representative of the diversity and and shall include members with knowledge and or experience in the fields of human resources practices management policy development auditing law investigation social services civil rights and civil liberties I think that these are fair

Johnathan Ryan HernandezItem 22

qualifications to ask for I just wanted to double down on that appointments to this Commission shall be representative of communities who are affected by and have frequent interaction and contact with the police department and I believe that last thing I wanted to touch on in the Commission qualifications is that federal immigration criminal convictions shall not be considered in the appointment of this Commission I am lastly supportive of what the council members brought forth I think if in the spirit of equity if we are going to have law enforcement on this Commission I'm supportive of having former law

Johnathan Ryan HernandezItem 22

enforcement officers that are serving on this commission pending that they've been retired for at least five years I'm not supportive of seeing more than one the last two areas I want to touch on is the Commission transparency and reporting this Commission should be required to conduct public meetings on our policies our practices our procedures customs orders collective bargaining agreements programs training and our annual budget of course and I believe that that this is another area of transparency that the public is asking for and my last comment is police department transparency and reporting

Johnathan Ryan HernandezItem 22

one of the essential functions of oversight is increasing our transparency this Commission must have access to the police department data to inform their work per assembly bill 71 which was established in 2014 madam city manager SAPD is mandated by state law to annually submit data to the California Department of Justice also known as DOJ and this is mandated and it's something that it needs to be done for use of force incidents that the result in a serious bodily injury death or discharge of a firearm under AB 953

Johnathan Ryan HernandezItem 22

which was established in 2015 SAPD is mandated to report all vehicle and pedestrian stops citizen complaints alleging racial and identity profiling to the Department of Justice use of force and racial identity profiling are matters that that are of great concern to our community members and because of the fact that Senate and a PD is already issuing reports to the Department of Justice I would like to see our city manager and our city council a mandate that the police department issue an annual written report summarizing use of force as well as racial and identity profiling data to the commission.

Johnathan Ryan HernandezItem 22

That concludes my comments. Mr. Mayor, thank you.

Thank you. I think everybody had a chance to speak and give some well thought out comments. I agree with many of them. I guess what might be easier is just to sort of make my comments on items that I don't agree on. That way it might be helpful as opposed to reiterating everything.

And, you know, I guess what I would say, you know, sort of in summary is, you know, there are some high-level comments that I do agree on. One of the things I agree with what was said earlier is I certainly don't want this to be a replica of the Anaheim model. So that at its base is something that, you know, I want to make sure that is clear. I remember when this was first introduced to us, it was almost a three-tier option. We had Anaheim, then we had sort of a hybrid that was represented by Riverside, and then sort of the strongest powers from Berkeley and Oakland.

And obviously Berkeley and Oakland, we know, amended their charters so they can have those expansive powers. So for me, I guess, you know, Man of City Manager at a high level, I would say when it comes to, you know, investigatory, auditory subpoena powers, when it comes to access to public records, you know, transparency, I think all those things we can do so long as you include a few words subject to state and federal and charter, you know, and we can do all those things. And I think, you know, there is nothing that prevents us from going as far as we can so

long as it's subject to those guardrails, which include POBAR, civil service protections, our own municipal charter. So I think if you simply add those magic words, we can be as expansive as we possibly can. So one of the things I don't agree on is on the composition of the board. But I respect the perspectives. And I really do appreciate the conversation tonight because we're talking about policy. We're not talking about motives or incentives or anything else. We're just talking about where we agree and where we may disagree.

And one of the reasons why I don't agree with the composition of having former law enforcement or law enforcement family. I am a law enforcement family, as I've mentioned before. because I believe there are other investigatory, other oversight accountability efforts already built into the system. So, you know, we have, you know, IA, we have the district attorney, we have other law enforcement bodies that do oversight on incidents. The whole idea with civilian oversight is that it is a balance.

It is sort of a check on those to make sure that there is parity in the way we look at things. We know that there are going to be peer-reviewed bodies by other officers looking at these incidents. This would be one counter to that to make sure that we have residents, people in the public, people who pay into this government. it. This is one way to establish that public trust. I think that unfortunately we see breached, not often, but when it's breached, it causes quite a bit of harm to communities. And so

that's what we're trying to avoid here. And so I think that this, in its purest form, should be purely civilian without any restrictions. And so to me, that's where I do differ maybe from some of the comments I've heard, but again, I respect those that see things differently than I do. I just see that there are other bodies that already are composed of law enforcement and our peers that can look at this and may look at it differently from a resident, from a neighbor, from somebody who just has no law enforcement background, but is simply somebody who is a taxpayer who believes that their dollars should be spent on enforcement of

the law and not abuse of the law. So, you know, I again, you know, I want to go back to the point that Councilmember Mendoza made, which is please bring it back by November 1st. There is no reason we should have another work study session on this, nor should we delay. I think you had there is sufficient, you know, direction, guidance and time and really, really reflective comments tonight. So, you know, let's bring it back. Let's do this. And again, I do understand that this is a first step. This isn't going to capture everything we'd like.

Hopefully what it'll do is it'll make us realize where we're short and, you know, what we can do as next steps to, you know, maybe achieve those broader powers, more authority that we'd like to expand, you know, to the commissioners. But let's do that. and maybe you could enumerate some of the changes and maybe summarize as you you know kind of give direction on what we see coming back. Thank you Mayor and

Sonia R. CarvalhoItem 22

Council members so I just want to let you know that I will be taking the version of the ordinance that's in the agenda packet and then I am going to be making the following changes for which I believe I heard there was majority direction. Mayor I don't know on the issue of allowing a law enforcement officer on the commission. I believe there was majority direction to allow it, but if I had that wrong, then perhaps you could take a vote on it, but I will be making the following changes. Where applicable, I would add language to read subject to federal, state, and charter restrictions

Sonia R. CarvalhoItem 22

in order to allow the broadest provisions as we can, and if there are any remaining sections in what I'm going to call the community-based version, I will add those to this ordinance given those limitations that you just described. I will also be taking a look at 2-621 and using the first subsection B, allowing for anonymous complaints, allowing complaints for up to six months or up to one year if the individual can show that they were incapacitated, either due to health or perhaps even incarceration.

Sonia R. CarvalhoItem 22

incarceration, disciplinary guidelines and recommendations, authorizing the Commission to make those guidelines and recommendations to the police department and the city manager. On the issue of commissioner qualifications, we will add the series of qualifications as described by Councilmember Hernandez as possible qualifications that you should be looking for. We would add that complaints can come from Penal Code Section 832.5, filed with the police department, or complaints filed with the commission, or tort claims or lawsuits.

Sonia R. CarvalhoItem 22

We will also add that complaints can come directly from the City Council on any items, whether they're described in the ordinance or not, because that is your power under the charter. We will provide access to all records including audio and video related to incidents, again using the qualification language subject to federal, state or charter restrictions. We will incorporate recommendations again that the Commission can make any type of recommendations on policies to the police chief and city manager.

Sonia R. CarvalhoItem 22

They can comment on discipline but they will not have the authority to actually impose discipline. In terms of the Commission membership, it looks like you do not want to prohibit police officers. We will strike the prohibition against government employees. We will limit it to one officer and provide that any of those officers who would serve have to show that they were separated for at least five years.

Sonia R. CarvalhoItem 22

Finally, we would increase transparency to add that all department data that is already legally required to be disclosed to the Department of Justice would be made available to the Commission as well. And so I believe with that I've captured all of the comments that were made tonight. And if you would vote on that, then we will prepare that ordinance and present it to you at the November 1st meeting.

Do you want us to vote on that? Is this an action item? I thought this was just simply...

Sonia R. CarvalhoItem 22

No, no, okay. Then I'll just look at the...

I wish it were an action item. I mean, you tell me. Can we turn it into it?

Sonia R. CarvalhoItem 22

I just want to make sure at least get a nod from the majority of you that I am incorporating those

changes and that I didn't okay yeah okay good all right I see a bunch of nodding heads so um all right well I guess we'll see this back once again um on the first yes go ahead councilmember just a

David PenalozaItem 22

quick comment madam city attorney with when it comes to the selection of the board um the Commission I I know that it's it's a it's going and my and my goal at least and I know the goal of the majority of this council is for it to be diverse and backgrounds and representative of our community but I just want to ask how would we make that determination so maybe also get those guidelines down on that selection process let's say for example the mayor picked somebody with a law enforcement background, you know, and then, you know, myself pick somebody with

David PenalozaItem 22

the, you know, how does that, how do we decide we're going to go with this selection or whatnot? So I, you know, I would maybe a raffle or a poll of who picks the community member, who picks the senior citizen, or I don't know what the makeup is, but I'm just saying, you know, that way it's truly.

Is it first in time? I mean, I've seen that done, you know.

Sonia R. CarvalhoItem 22

Yeah, I think it's ultimately going to be first in time. The community-based version that was submitted got very detailed as to how you would do it. But what we would be doing is just describing that you as the appointing body shall strive to select people and then add the characteristics as articulated by Councilmember Hernandez. And then it would be first in time, first served. So if a police officer is already serving, then that would be off the list for the rest of you.

Okay. Sounds good. Got it. Excellent. Thank you. Thank you, everybody.

So that was our only business calendar item, so let me go on to the only item for public hearing, which is item number 23, and this is the report on the water quality. And I'm going to go ahead and open the public hearing and see if there's a report from staff.

Thank you, Mayor. We don't have a presentation on this. It is in accordance with the state of California law that we report every three years on our water quality. So it is a receive and file that does have to have the public component.

Bless you. Any members of the public that wish to address us on this, Madam Clerk? Okay, seeing none, let me go ahead and close the public hearing and bring it back to the council to see if I'll entertain a motion on this. Unless there's any questions or comments on this. Is there a motion?

Johnathan Ryan HernandezItem 23

I'll move the item.

Okay, we have a motion by Hernandez, a second by Mendoza. Council members please vote.

Motion passes by unanimous consent.

Great, thank you. Moving along to the council requested item. this is item number 24 and I believe this is council member Pinalosa's item.

David PenalozaItem 23

Thank you mayor. Um, item 24 is to discuss and consider directing the city managers to direct staff to bring back a resolution opposing the county of Orange from operating any cold weather shelter within Santa Ana city limits and encourage the county to rotate the annual cold weather shelter throughout different cities within the different service planning areas also known as spas. I just wanted to bring this forward because over the you know for years we've seen how the County of Orange you know always chooses Santa Ana to open their cold weather shelter in our

David PenalozaItem 24

city. I want to make it very clear that our city has never shied away from stepping up to the plate and doing what's good and and doing what we can to to give shelter to those out living on the streets but there needs to be a more equitable approach when it comes to the county and they're there them addressing this this issue because it's a regional issue and not a Santa Ana issue and you know just wanted to point out that the city of Santa Ana already has 200 total beds and 65 vacant beds

David PenalozaItem 24

currently available right now and the County of Orange already has 425 beds in the city of Santa Ana with 125 of those available to us as a city. So the need for an emergency is not there. I know city staff has had hearings over the last week in federal court. I know the mayor was present, and I think that this is just something that we need to do to get kind of more of a symbolic gesture to let our residents know that, you know,

David PenalozaItem 24

We're listening to them and we encourage other areas of the county to step up to the plate and do what's good. And that's it. Those are my comments. Thank you, Mayor.

Great. Thank you, Council Member. And let me go ahead and thank you for bringing this item as well. I want to give a shout out to some of the members of the staff that were at the hearing on Friday afternoon who spent the evening with us before Judge Carter. And so, was it Friday or was it Thursday? Okay, Friday afternoon, even worse. Okay, let me give a shout-out to John Funk, who was representing the city attorney's office. He did a great job presenting on behalf of the city, but I also want to thank the city manager who was present and Sergeant Montiel and Ken Gaminski, who is our service director for all issues homeless.

that actually impact our people experiencing homelessness in this report or in this department. You know, the judge spent, we spent about two hours with the judge, and I guess we should give a shout-out to President Biden, who was in town, who maybe prevented us from moving a little bit further, and no members of the Board of Supervisors arrived until, like, maybe an hour afterwards because I think, you know, the president was in town, and we decided to spend time with the judge. The judge cited the grand jury report approximately three times, and if you all haven't taken a look at that,

the grand jury report that was issued included strong language in there saying that the South Spa needs to create a shelter, whether it's a cold weather or any type of shelter because they are very deficient relative to Northern and the Central Spa, where we are. So I'm very grateful to Judge Carter because this was one of the few victories that we've had that was clear. His language was not at all ambivalent. It was very strong. And it showed that there is capacity here within both the county shelter, Yale, and the city shelter over at Carnegie.

So the one thing I would just add as sort of an adjunct to what we're discussing tonight is I know the question was before, and Brooke Weitzman was there, and here's the tension, I guess, is that it's easy to target us or at least obligate us to be the only city that opens up a cold weather shelter for the entire county. And I wish that advocacy on behalf of Ms. Weitzman would be stronger in the Southern Spa, because that would be consistent with the grand jury report.

So I don't know if we maybe send a letter to her saying we agree with her advocacy and we'd like to join her in maybe directing her advocacy efforts to maybe some of our neighbors in the South to join with us and do what we've done. and maybe once they get to the 425 beds at Yale that we have in our city plus the possibly up to almost 300 beds that we could expand to at Carnegie, then we can have a conversation about parity. And so I think Ms. Weitzman's comments and her stance and her position in defending people who are experiencing homelessness, well, there are plenty in the Southern Spa that need that advocacy

and she probably should direct her efforts there and I'm sure I would certainly be willing to join her. on those and I'm sure many members of this council would as well. But I do want to say as we have this conversation, this ongoing conversation with you know with the judge who is who retained jurisdiction on this on this item is to also be able to say if we have excess capacity at both the county shelter at Yale and the city shelter at Carnegie when there's a true emergency that's

caused by climate or whatever, whether it's rain or extreme heat, whatever that is, those conditions for entry should be relaxed. That is where I do agree. Because I do think, and as Ken Gaminski said, if somebody who's elderly is out in the cold and it's raining or it's below freezing, I don't think anybody's going to keep that person out of one of our shelters, whether it's the county or the cities. So that's something that I think would be fair to be able to explain to the judge

and also might prevent another shelter being stood up here in the city, which would be much more harmful because another shelter means more magnet to the city. So that's just something for you to think about, Madam City Manager, with your staff to see how we can – Because I just have a feeling that's the next question that the judge is going to ask. What do we do with this excess capacity? Do we stand up another shelter, or do we just go ahead and relax those conditions under those emergency conditions that we may suffer? So let me bring it back to the rest of the council to see if there's any additional comments or questions.

Mayor Pro Tem and then Council Member Hernandez.

Phil BacerraItem 24

Thank you, Mayor. And thank you, Madam City Manager, and everybody who took the time to sit in Judge Carter's chambers. You know, the thing about what we had to battle back against is just, unfortunately, this longstanding mentality of the county, which is warehousing people. And not just warehousing people, but warehousing them in Santa Ana. And it's unfortunately a very consistent theme. The Yale Street Shelter was not something that they collaborated with the city with. This was something that was forced upon us. And one thing that I would ask my colleagues to indulge in a resolution that we're considering tonight

Phil BacerraItem 24

is to include permanent supportive housing, to advocate for permanent supportive housing being equitably distributed. We have over 400-plus permanent supportive housing units in Santa Ana. and I think, correct me if I'm wrong, I believe that's probably more than any other city in this county when it comes to permanent supportive housing and so we can't just continue to take those that want to get off the streets and just put them in warehousing. We need to help them and for those that want help and that we can provide help to, permanent supportive housing

Phil BacerraItem 24

is going to be the way to go but Santa Ana has done more than its fair share and it's time that 33 other cities step up. One separate item, not to be included in this resolution, but very much tangential to this, and that is what we see in Costa Mesa with the Fairview property. I'm frustrated at the fact that I see communication coming out of Costa Mesa about envisioning that site for housing, but not envisioning that site for services for those with mental health challenges and why is nobody stepping up to say whoa whoa whoa pump the brakes you've got a built

Phil BacerraItem 24

facility that i believe is land that the state owns and i know the priority from the state right now is to just build housing doesn't matter where and how just build housing but homelessness and those that are suffering with mental health issues that's also a very very big issue for cities and And here we have a facility, literally, next door to us. And that's going to just evaporate. So I don't know what we can do. Santa Ana, I don't know if that requires us to go to our legislators, our lobbyists, but I would like you to at least come back to the council, if not through email, just to

Phil BacerraItem 24

let us know what we can do on that particular issue. I would love to work with the folks in Costa Mesa to see what they can do to help. But I mean, just to completely blow past this issue that, by the way, plagues their city as well. But it almost feels that it's parallel to what the county does, which is, well, I have an idea. Let's just throw them into Santa Ana. And that's not acceptable. I think that this council has demonstrated time and time again over the last couple of years, sadly only over the last couple of years, to actually put forth deliberative action in legislation that we've said enough's enough.

Phil BacerraItem 24

We do not want any more shelter beds in Santa Ana. So I just conclude with hoping that my colleagues would indulge inclusion of permanent supportive housing and encouraging that in the Southern Spa as well. Thank you.

Council Member, any comments?

Johnathan Ryan HernandezItem 24

I just want to say I'm supportive of that as well.

Thank you. Any other comments? Council Member Lopez and then Mendoza.

Jessie LopezItem 24

Thank you. And I just want to thank staff for being in the chamber with the judge and mayor sarmiento for advocating on behalf of the city for advocating on behalf of the residents i know it's not the first time you've all been called upon by the judge and have made the case for the city of sanayana and i believe that part of you know that good news that we received friday is because of the relationships you all have and have built over the years and i just want to thank you all for the work that you've been doing that sometimes doesn't get publicized or recognized but we all know here what what you know the

Jessie LopezItem 24

work that you're all spearheading so thank you thank you councilmember

councilmember Mendoza I support this issue and I I thank councilmember Vassarra for bringing it up I think for too many years Santa Ana has had the burden of these kind of issues and and we need to take we need to take a stand and we need to do it together and we need to find a resolution to the problem and this is one way to get the ball rolling and and i think it's going to have a great impact and we're not going to take it

anymore so i am supportive mayor i just want to thank councilmember mendoza but i'm going to

Phil BacerraItem 24

deflect those compliments over to councilmember penuloza for bringing the item to us

Go ahead, Councilmember, and then Councilmember Phan.

David PenalozaItem 24

Just really quick. I didn't specify any timing, but I would love to see this resolution back to us on November 1st. Thank you.

David PenalozaItem 24

Councilmember Phan.

Thai Viet PhanItem 24

I'm good with it. Let's do it. Thank you.

You've heard from everybody, so I think you got clear direction. Thank you, everybody. Let's move along to now the city manager's comments.

I don't have any announcements, but I would like to remind you that Judge Carter is inviting people back to his chambers this Friday at 3 o'clock. If you want to give the mayor a break and any of the others would like to attend, you're certainly welcome to attend that. He is specifically requesting the attendance of leaders from South County.

Excellent. Thank you for that. Let me bring it back to the council for their closing comments. Let me start with Councilmember Hernandez.

Johnathan Ryan HernandezItem 24

Thank you, Mr. Mayor. I just wanted to adjourn in memory of Art LeBeau. Art LeBeau began his career in the 1940s and was credited as the first on-air personality to play rock and roll on the West Coast and is one of the first to feature hits by different multicultural artists within his compilation album, which was titled Oldies But Goodies. Many of us grew up listening to Art LeBeau on 93.5 K-Day. as children. I know my grandparents and my parents did as well. He was born

Johnathan Ryan HernandezItem 24

Arthur Ignonyan in a suburb of Salt Lake City, Utah to Arminian parents and he devoted his life toward bringing people together through music and he will be dearly missed in our community in the city of Santa Ana. I know one fond memory I want to share with the public is when we did the Chicano Heritage Festival he personally reached out to my office and congratulated us and it was it was very surreal to have been able to talk to him and to see that he was celebrating the city of Santa Ana's decision to bring forth the celebration and I know he gave us his blessing and he recently passed away he'll be missed

Johnathan Ryan HernandezItem 24

by many people across this country and again we thank him for bringing so many groups of diverse people together may he rest in peace thank you council member council member lopez

Jessie LopezItem 24

thank you mayor um so my office is working with oc habitats and tomorrow we're going to host another park cleanup and it is going to be at 3 30 to 5 p.m we're working with a group of students that's and that's the time from that they're available we sent out information from our social channels and from our Nixle as well and also I just want to say happy Halloween everyone I won't see you till after Halloween and I hope you all have fun with your families thank you thank you councilmember councilmember Mendoza

I would like to invite on council and the public to the first the other those Muertos event which is going to be held Sunday at Heritage Museum of Orange County and it's from from noon on and the event is free so come on out and bring your families it's going to be a lot of fun and bring your outfits dress up and good night everyone thank you for making it an early night thank you

councilmember councilmember Penalosa thank you mayor I just wanted to thank

David PenalozaItem 24

staff for the the feels like overtime you've been putting in the last couple of weeks very busy and doing a lot of things in Santa Ana so I thank you for it I do want to point out that last Thursday on the 13th I was had the pleasure of attending the Delhi Community Neighborhood Association meeting and there were multiple residents there from Delhi and Madison Park that had similar concerns over the construction on Warner and the lots being used for material storage construction site similar to the concerns that I had brought up to the Public Works Director and City Manager along Bristol Street

David PenalozaItem 24

with new numerous residents in that area also with with severe concerns about the dirt the dust the noise the debris the the and just driving up and down Bristol driving up and down Warner it feels like it keeps getting worse and worse and I know that the the us as a City Council I think it was unanimously we had unanimously approved renting out those lots to the contractors doing work on Warner and all throughout the city. But when I first contemplated it or thought about it, it was,

David PenalozaItem 24

I thought it was to just parking of vehicles for the construction workers, which we now see have turned into a lot more than just parking. And it's a huge concern because it's very noisy, dusty and want to make sure that we get a hold of it. I know we're working along Bristol to vacate those sites. Joe by today feels like it's getting worse but I do want to remind our Public Works Director, our City Manager, that we shouldn't have to put our residents through that, especially that live along Bristol, live along Warner. They're essentially right next to a

David PenalozaItem 24

construction zone. And the amount of dirt and car washes and power washes and one-time power wash is all good, but I'm sure those homes on Long Bristow are already back to how they were before. Unless we're going to be power washing daily, then, you know, I don't think that that's something that we should, you know, be proud that we did or made the contractor do. But definitely hope that we look very closely at those Warner sites to go the same direction that we did along Bristol. And that is it. Thank you, Mayor.

Thank you for that. Councilmember Fan.

Thai Viet PhanItem 24

Thank you, Mayor. First, I'd like to remind everyone that the Federal Student Loan Debt Relief webpage is live. So please go to studentaid.gov and look for debt relief. I don't qualify because I refinanced, but I am so so excited for every person who has the opportunity to wipe out Some or all of their student loan debt I in fact know some people in my life who will benefit greatly from this and that especially Millennials and young people can start saving for their future One last thing I'd like to say is that a lot of people who own who owe student loan debt are actually seniors Because they co-signed for their children

Thai Viet PhanItem 24

So I hope that many of you take advantage of this program. I'd also like to say that I came back from Lake Arrowhead this afternoon. I was at a three-day symposium by the UCLA Housing Symposium. That was my undergrad. And we talked a lot about housing policy, planning, equity, and what to do in this environment. I'd like to say that we spoke extensively about not just building supply, which was actually the main topic, but also how we do it equitably and how do we help our residents who have the least historically and currently also survive and thrive in our community. So

Thai Viet PhanItem 24

that was really fantastic. Lastly, I'd just like to say congratulations to my little sister too. She just opened an optometry office and so once I became a lawyer she decided to surpass me in the love of my mom's eyes and became a doctor so congratulations have a good

night everyone thank you mayor pro tempus era

Phil BacerraItem 24

thank you mayor and I wanted to thank PD and staff that came out last week to Saddleback High School for the meeting regarding the flood control channel along flower I want to thank you guys for coming out thank all the residents who came out i think it showed that there's a lot of concern about safety in the area and just the desire to see those amenities the bike trails to be used um speaking of the bike trails um as far as the the trail from bristol to flower along alton i'm hoping that pd will pick up with the

Phil BacerraItem 24

the drive-through patrols that they were doing prior to covid that was something that we had worked on where patrols were going through there before school began and then before students were let out of school. I'm hoping that PD will be able to do more drive-through patrols of that trail. I think it's you know a wonderful amenity for our community but if people feel safe it's not going to be used and the wrong people will be using them. When I say wrong I mean criminals who are out there either selling or using drugs and that's what's happening

Phil BacerraItem 24

out there. And one last thing in regards to that trail is that Bristol and Alton, I want to thank our executive director for public works, Nabil, having that one wall demolished, I think that's a huge, huge step in helping in that area. I think, you know, PD and for anybody that knows crime prevention through environmental design or septic principles, having that wall there is just complete opposite of septic principles and so I think clearing that wall out gives a much more clearer visibility and a sense of safety and comfort for those that are using the trail and for law enforcement that are monitoring that