Read the January 17 meeting.

Transcription by CastingWords Melanie, Fatima, do you hear me?

Everyone should be muted except the control room PC. Okay. I'm muted for sure. Oh, maybe it's my phone?

I can't hear you. There's an echo. Ramon, can you disconnect the aux cable from the laptop?

Okay, how does that sound? Oh, it sounds so much better. Hi, council member. Well, I don't know. Does it sound, do I sound better? How do I sound? So you, you sound pretty good. Can you, can you say something again hello test one two three four yeah no echo okay um can you can you try uh a few other mics yeah i'll try that we'll try them all because uh i just want to make sure i know we had an issue so i'll go around okay okay thanks bye hey john i'm gonna test out youtube on

laptop too okay well we have the uh the the audio cable plug because we're doing some testing okay

got it

uh ramon i hear it through zoom

I don't know, hey, how's the, how's the DP?

I was so worried, but it looks like you're a pro and you're on board.

Oh my goodness.

Okay.

Okay.

Tom? Yeah. Okay.

Tom does it is he shares it.

Benjamin Vazquez

Absolutely.

That way he has all the controls.

Did you close it? No, I just made it like that.

Phil Bacerra

Don't do that.

No, John's like, did you just stop the shutdowns?

Benjamin Vazquez

Test one, two.

Test one, two.

Sounds good so far.

Benjamin Vazquez

Test1,2.

Sounds good.

Benjamin Vazquez

Test1,2.

Sounds good.

Benjamin Vazquez

Test1,2.

Sounds good.

Benjamin Vazquez

Test1,2.

Sounds good.

Benjamin Vazquez

Test1,2.

one two sounds good test one two three this is the dais microphone just double checking i have let me just do one more or actually two more and then i think we're good

sounds good so far test one two three test sounds good or a little off.

Test one, two, three, test. Sounds good.

Okay, thank you. Thank you.

Thank you.

Thank you.

Let's get started.

Let's get started.

Thank you.

Thank you.

Let's get started.

Thank you.

Thank you.

Do do

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do do do do do do do do do do do

do do do do

I'll see you next time.

Thank you.

Thank you.

...

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... ... ... ... ...

! ... ... ! ... ...

Thank you.

Let's get started.

Let's get started.

Thank you.

Ocean Ocean Ocean Ocean Ocean Ocean Ocean Ocean Ocean Ocean

! Ocean I love you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Valerie Amezcua

Thank you. Clerk, please start the meeting. I hereby call the special closed session meeting to order. This meeting is taking place with in-person attendance and by teleconference via Zoom. The public may access the meeting via the Santa Ana YouTube channel or the city's website. Please bear with us as the technology may disrupt the flow of the meeting. I would like to announce that item number five of the closed session agenda will be continued to the February 7th City Council meeting. Madam Clerk, please conduct a roll call.

Council Member Becerra.

Council Member Hernandez.

Present.

Council Member Peñalosa.

David Penaloza

Present.

Council Member Fan. Council Member Vasquez.

Present.

Mayor Pro Tem Lopez. Here. and Mayor Mezqua.

Valerie Amezcua

Present. Any member of the council would like to take this time to announce their abstentions at this time?

Valerie Amezcua

Madam Clerk, do we have any speakers for the closed session?

No, we do not.

Valerie Amezcua

We will be recessing this portion of the meeting to consider the items listed on the special closed session at this time on the agenda. Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Let's get started.

Let's get started.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Let's get started.

Let's get started.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

I'll see you next time.

Let's get started.

Thank you.

Thank you.

Thank you.

I love you.

Let's get started.

Let's get started.

Thank you.

Thank you.

Do it again.

I love you.

Thank you.

do

do do do do do do do do do do do do do do do do do do do do do do do do do do do do

do

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.

Let's go.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Let's get started.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Let's get started.

Let's get started.

Thank you.

Thank you.

Thank you.

Thank you.

...

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...

... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ! ! ... ! !

Let's get started.

Let's get started.

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Let's get started. ...

...

... ... ... ... ... ...

... ... ... ... ... ! ! ... ! ! ! ! !

Let's get started.

Let's get started.

Let's get started. Thank you.

Thank you.

Thank you.

Let's pray.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Let's get started.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

I love you

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Let's get started.

Let's get started.

Let's get started.

Thank you.

Let's go.

I'll see you next time.

Thank you.

Transcription by CastingWords

Thank you.

Let's get started.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Let's pray.

Let's get started.

Let's get started. Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Let's get started.

Thank you.

Thank you.

Let's get started.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Let's get started. Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Let's get started.

Thank you.

Let's get started.

Thank you.

. . . . . . . . . . . . . . . . . . . . .

Thank you.

Thank you.

Thank you.

Thank you.

Let's get started.

Thank you.

Thank you.

Thank you.

Thank you.

Let's get started.

Thank you.

I love you

Let's get started.

Let's get started.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Let's pray.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Let's get started. Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Let's get started.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Let's go.

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do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do

Let's get started.

Let's get started.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

We'll be right back.

Let's get started.

Thank you.

Thank you.

Oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh

Thank you.

Thank you.

Let's get started.

Thank you.

Thank you.

Let's get started.

Let's get started.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Let's pray.

Thank you.

Thank you.

Thank you.

Let's get started.

Thank you.

Thank you.

Let's get started.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Let's pray.

Let's get started.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Let's get started.

Let's get started.

Let's get started.

Thank you.

. . . . .

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.

Thank you.

Thank you.

Thank you.

Let's get started.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Oh, my God.

Let's get started.

Let's get started.

Thank you.

Thank you.

Thank you.

I love you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Let's get started.

Let's get started.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

I'm sorry.

Thank you.

Thank you.

Valerie Amezcua

Clerk, please start the meeting, please.

You're ready to go, Mayor.

Valerie Amezcua

All right, I hereby call the regular open meeting to order. This meeting is taking place with in-person attendance and by teleconference via Zoom. The public may access the meeting via the Santa Ana YouTube channel or the city's website. Please bear with us as the technology may disrupt the flow of the meeting. Madam clerk, please conduct roll call.

Council member Becerra.

Phil Bacerra

Here.

Council member Hernandez.

Phil Bacerra

Present.

Council member Pinalosa.

David Penaloza

Present.

Council Member Phan? Here. Council Member Vasquez?

Valerie Amezcua

Present.

Mayor Pro Tem Lopez? Here. And Mayor Mesquah?

Valerie Amezcua

Present.

Valerie Amezcua

Madam Clerk, before we proceed to the Pledge of Allegiance, please make an announcement.

To request to speak on agenda or non-agenda items within the city's jurisdiction, with the exception of public hearing items number 30, 31, 32, 33. 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 items 30, 31, 32, and 33 only. Please announce your name and ward or neighborhood you reside in within the city of Santa Ana for the record.

Valerie Amezcua

Thank you. Councilman Panagosa, can you lead us in the Pledge of Allegiance, please?

David Penaloza

Of course. If you could all please rise and face our flag and join me. Put your right hand over your heart and follow along. Pledge of Allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

Valerie Amezcua

Thank you very much. At this time, we have words of inspiration from Pastor Maribel Toan. I hope I said that correctly.

Yes, Maribel Toan. Thank you. Thank you for having me here today. It's such an honor to be here in the presence of everyone here today. and I really been praying even before coming and just hoping that these words inspire a little bit the the city of Santana is very dear to our New Song community we've been here eight years serving different spaces and what I'm going to share with you is regarding a space that we we were in it's 17 and and flour.

And that space really inspired me last month at one of our food distributions. We usually have a long line every other Friday of cars waiting to get their food. And in that line, I was so inspired to see that in a moment of need, I saw such a goodness in the city.

And it was a day where a woman in her later years, her car broke down in the distribution line in front of an apartment, one apartment that is pretty run down on 17th. and she needed help and we couldn't figure out how to help her because there's so many issues with her car. But out of the kindest of someone that she went to go knock on the door in the apartment building, someone came out and ran across the street to go get his car and to come back and

to give her a hand and start her car. And this woman was Korean, older lady. The man that came out of the apartment building was Latino, young man. And what I saw in that moment was the breaking down of so many barriers of culture, of age, and so many things. And I thought, like, this is incredible that this is our city. This is Santa Ana. And a lot of people say, Santa Ana is this, that, complaining about a lot of things. And to see that there's so much beauty and goodness in our city.

And that's what we hope as a church community and pray for the city and for this space as well. And that's what I would want you to join me in prayer. I'm going to pray now for this beauty to continue and to inspire others as well, not just in Santa Ana, but in other cities around it. So please join me. Oh, great creator. You are the God that brings us together.

and there's so many things that divide us now in our nation in our city but we know that only through you and your grace and mercy compassion and loving kindness that can overflow to every person may you break down barriers culture for age and anything else that divides this city Lord may you continue to bless every single effort that is made by the people here, the council people, the mayor,

everyone that comes here to ask for support and change. May you continue to guide them and give them great wisdom and the work that you've called them to do. In your name, I pray. Amen. Thank you.

Valerie Amezcua

Thank you.

Sonia R. Carvalho

City Attorney, do you have anything to report out at this time from closed session? We do not have any reportable action from our closed session discussion this evening.

Valerie Amezcua

Thank you. This is the time of the meeting for the City Council to receive comments from the public on agenda and non-agenda items.

Mayor, Mayor, I apologize. We do have some ceremonial presentations.

Valerie Amezcua

Oh, I apologize. Go ahead. I apologize.

Valerie Amezcua

we have two mayor pro tem lopez yes thank you mayor um

Jessie Lopez

rachel left um so i think we're gonna punch it over and so councilmember fan if you'd like

Valerie Amezcua

do you want to reschedule for february 7th yes staff already handled it perfect councilmember

Thai Viet Phan

Okay.

Thai Viet Phan

Why aren't you up here?

Thai Viet Phan

Hi everyone. Thank you so much for waiting. It has been a long night and I just appreciate Cardoos, Vietla, everyone here for waiting. and so my name is Tai Phan. If you don't know, I'm the first ever Vietnamese American Councilmember elected in the city of Santa Ana. And it is just my pride and joy to be able to wear our traditional 阿雅, which means long shirt, and to issue this proclamation declaring January 22, 2023, as Thet Wing Dang, which is Lunar New Year, short for Thet.

Thai Viet Phan

And so the Lunar New Year is celebrated on the second new moon after the winter solstice. I can never keep track. It's somewhere between mid-January and mid-February, and it changes every year. According to the traditions in many Asian cultures, you might have heard that this is the year of the rabbit. but as someone who is Vietnamese and as many of our residents here in the city are Vietnamese we celebrate the year of the cat I was born in the year the cat and actually also our council colleague councilman Ben Yalosa is also born in the year of the cat and it is said I cannot confirm nor deny that those born

Thai Viet Phan

in the year of the cat or the rabbit are known for being witty quick-minded talented, creative, and ambitious. Maybe that's why we're both politicians. So today though with this proclamation I want to present this to Viet La and here to accept it is Cardus who has worked with our Vietnamese community liaison Tina Dauly in so many capacities and I'm so glad to have met both of you on this journey here on the dais. So we want to recognize Viet Law for their contributions to the Vietnamese American community here in Santa Ana as well as throughout the county.

Thai Viet Phan

Viet Law is a non-profit organization in the city of Santa Ana, founded in 2022, but conceived in 2019. I was told that very specifically. And they've coordinated with us here in the city of Santa Ana to work on issues such as rent for protection ordinance workshops, presenting it in Vietnamese to residents here in the city. Most recently, we worked with Viet Law, and Cardoose did a great presentation on down payment assistance here in the city of Santa Ana, also in Vietnamese, in person to residents, and we will be doing them in Spanish too.

Thai Viet Phan

And, you know, it's just quite an amazing thing that, you know, someone from our community came up with the idea of saying hey we need language access because we have all these incredible services here in the city of Santa Ana we constantly invest in our residents but what are these services for if our residents don't have access to it and so here to accept the recognition on behalf of Viet La is Cardus Wing thank you for joining us today and behalf of all of us in the Vietnamese American community and definitely myself here in the city hall thank you for your work and happy new year

can i speak something yeah of course say all you want hello everyone um on behalf of vila i am deeply honored yes i'm deeply honored to receive this book uh proclamation um recognizing ted and and Lunar New Year. VietLab would like to thank you, to thank the city of Santa Ana, the city council,

the mayor, city council members, and especially council members, Hi Viet Phan, our first Vietnamese American council member ever for your continued support of the Asian American Pacific Islander community. and also as Vietnam to promote Vietnamese culture and also to provide greater language access. We would like to represent and also serve the Santa Ana residents in general

and also the Vietnamese community in particular. Cheers to exciting New Year.

Thai Viet Phan

And with that, chúc mừng năm mới.

Yeah, chúc mừng năm mới.

Thai Viet Phan

So, Phu? Thank you. Yes. Awesome.

Valerie Amezcua

All right, great. Thank you. So let me go back again. City Attorney, do you have anything

Sonia R. Carvalho

to report out of closed session? Sonia? Yes, you asked about, yes, I had reported out that was no reportable action from our session discussion thank you all right this is the time of

Valerie Amezcua

the meeting for the city council to receive comments from the public on agenda and non-agenda items pursuant to the brown act the city council may not enter into discussion at this time we will now hear from the council members of the pub from the members of the public that are physically present in the council chambers first and then hear from those that are on the conference call or zoom madam clerk do you have anyone wanting to speak on the conference call or zoom um yes

madam mayor we do have uh some speakers in person i will um name name them up if we can have please have melissa shepherd followed by jose luis sandoval followed by daniel perez thank you

Good evening. My name is Melissa Shepard. I'm a longtime resident of Orange County, and I'm a directing attorney at Immigrant Defenders Law Center. Immigrant Defenders Law Center is the largest nonprofit pro bono provider of deportation defense in California with offices in Santa Ana, Los Angeles, Riverside, and San Diego. We believe that no immigrant should face deportation proceedings alone, and so our programs are the first step toward a long-term goal of providing universal representation to all immigrants facing deportation. Some of our programs include the Children's Representation Project to represent unaccompanied

children, refugees, and foster youth, the Post-Conviction Relief Program, Deported Veterans Program where we work to provide an access and pathway back home for those who have served in our military, a National Qualified Representatives Project that serves immigrants with mental health disabilities, our cross-border initiative where we advocate daily for human rights of asylum seekers, our litigation and advocacy team which launched in 2019 to expand our appellate advocacy, and finally our local justice fund programs in the cities of Santa Ana, Long Beach, Los Angeles, and the Inland Empire areas.

Our physical office opened in Santa Ana just under a year ago with five full-time staff. We now have grown to 12 full-time staff. Our growth is a testament to our need for services in the city of Santa Ana. We actively represent over 40 adults who reside in the city of Santa Ana along with 32 children. We have represented dozens more over the last few years. Our Santa Ana clients originate from Mexico, Guatemala, Honduras, El Salvador, Nicaragua, and Colombia, and they have all found their home in Santa Ana. 59% of our

clients have a spouse or domestic partner in the US another 50% have clients or sorry have children who are in the US and 55% of those children are US citizens our representation helps in Anna families stay in their homes and keeps families together community engagement is important to MDF and we have attended after-school events in the city of Santa Ana and connected with the community at the new Santa Ana Collective Group. We've also worked with Santa Ana children who've been mistreated and voiced their mistreatment in a complaint to Customs and Border Protection,

and their stories were profiled by the Marshall Project and Vice. I'm here tonight to thank the City for your support, and our partnership allows us to provide a variety of service, including representation in court, completely free of charge. We feel welcomed by the City and look forward to continuing our relationship. Thank you.

Valerie Amezcua

Great. Thank you.

Jose Luis Sandoval, followed by Daniel Perez.

Hello, everyone. My name is Jose Luis Sandoval, and we are on behalf of OC businesses. restaurants and food trucks are being affected by the illegal taco stands.

They do not have any permits, no sales permit, no city business permit, and no food health permit. We are here to ask that to protect our businesses, businesses who pay taxes, and pay permits in our city.

For those who are paying all these businesses and taxes legally, many of us owners of businesses, we feel that we've been discriminated

because we don't have many of those businesses legally. They actually closing down. Please do something about it.

Valerie Amezcua

Thank you.

Daniel Perez followed by Roberto Guzman followed by Alex Rivera.

Hello, everybody. My name is Daniel Perez. I've been living here in the city of Sarana since 2004. I went to school here. I went to middle school, elementary, middle school, and high school. I went to college here, and I'm here with the group of the OC, we're here with our friend over here from the OC Association, Business Association, and I'm here to talk about the same subject that he did. These are, I'm going to read some of the laws and

rules that we business owners small business owners of food handling have and I just want to describe it and let you guys know what's the problem with all that with some of the rules that we have in our food association we cannot have canopies we cannot have bright lights we cannot block that side the sidewalks we cannot have we cannot have tables and chairs outside hot and cold water is necessary. Meats and produce have to be kept at the right temperature. Restaurants available for employees cannot sell from a street that the speed

limit is 35 or greater, cannot be in front of a high school, it cannot be in front of you can have anything blocking the sidewalks and many many many more. And if you follow all these rules, which is the law, you will have permits. You will have your OC, health department permit. You will have your business license, and you will have the license that requires to sell this type of food in our cities. And it is very unfair for us because we follow all these rules. We pay our permits.

We pay our health departments. We follow every single rule on the book, and we are still being targeted by the city, which is their job. You know, it's fine. We follow the rules. We have no issues. But the issues that we have is the legal taco stands that are being stationed right in front of our business. I'm not kidding you. It's right in front of our businesses on the sidewalks, and I have many, many friends that either are struggling right now, are trying to keep up with the rent and many other problems. I cannot sleep. I think about it way too much.

Just so you guys know, it's mine and my mom's business. We pay around $4,500 to $5,000 just a month just on bills, nothing else. Plus employment, plus employees, plus taxes, plus permits. That's beyond that. And I'm just here to ask you guys, if you guys could please, please, just do what's right and do what the law says. Thank you.

Thank you.

Roberto Guzman, followed by Alex Rivera, followed by Araceli Gonzalez.

Hola, buenas tardes a todos. Mi nombre es Roberto Guzman y soy miembro de OC Business Association de aquí de la ciudad de Santa Ana. We are the owners of food businesses, and we are affected by all the vendedors ambulances that are not allowed to be without permission. Fortunately, we have been able to help the code enforcement, we have been able to help the police, and the help of the health department, but it has not been enough to act.

The laws of California are attached to the authorities of Santa Ana, which is not allowed to act free as before. Before, if we committed some irregularities, we could have been able to act against us. Today, the police can't do anything. ok yo estuve encarcelado un día por no haber cerrado mi puerta a las 8 de la noche en el 2006 que nos pedían encarcelaron un día por no haber cumplido con esa ley entonces ahora los dueños de

negocios estamos en la legalidad tenemos todos nuestros permisos en regla contamos con la liability insurance, asegurances en nuestros camiones y estamos totalmente desprotegidos. No tenemos el apoyo suficiente y esto sí nos gustaría que se pudiera quien quiera que esté encargado de esto, que nos ayudaran a desatarle las manos a las autoridades para que ellos puedan actuar. Actualmente, los negociantes se burlan de nuestras autoridades. Los llegan a levantar y se burlan, no te preocupes, en cinco minutos o en una hora nos traen más y se están riendo de nosotros.

Nosotros pedimos, queremos pedirles una audiencia a todos ustedes en privado para poderles informar, darles más información que hemos recaudado durante todos estos meses y así ustedes puedan tener más herramientas para actuar. Desafortunadamente, nuestra querida Mayor Valeria Mezcua ya ha recibido amenazas, ahora que empezó a trabajar, si a ella le están haciendo esas amenazas, ¿qué nos esperamos nosotros? Nosotros queremos que nos ayuden y nosotros seguimos trabajando aquí,

porque queremos que Santa Ana siga adelante y queremos que todo el dinero, but all our efforts will stay here in Santa Ana. Let's not go to other places with people who are not paying taxes, who are not paying permits, and who, above all, are being bullied by our authorities. Thank you.

Good evening, Mayor, and everyone else. My name is Roberto Guzmán, and I'm a member of the Osi Business Association. We're businesses that provide and sell food, and we have been affected by the unpermitted taco stands and other people, these people. And we have received the help of code enforcement. We have received the help of the police, and we have received the help of the health department. But that has not been enough. The California laws have tied the hands of the Santa Ana City authorities, so we could use your help.

When we used to break the law, we would pay the consequences, but now there are no consequences. In fact, some time ago I spent one night in jail because I did not close my business at 8 p.m. as it was required, so I did have to spend one night in jail because of that. Now, they don't follow the law. They don't follow the rules. They don't follow the law. We follow the law. We follow all the business requirements. We have liability insurance. Our trucks have insurance. But we don't feel that we are protected. We don't feel the support. So please help us.

Whoever can do this, please help us untie the hands of the city authorities.

We want to protect our businesses. we ask to have a meeting with you to bring you some information that we have collected over the past few months to give you some tools so that you can do something unfortunately our very own mayor valeria mezcqua has been threatened by these people and if she has been threatened what can we expect so please help santa ana to be successful we want to work together for the betterment of Santana and not have these people who are laughing at the authorities and not paying taxes be here.

Alex Rivera, followed by Araceli Gonzalez, followed by Juan Gonzalez.

Hi, everyone. As you guys already know, most of our

friends, or if you want to call however you want to call it, we're just actually here just to ask for your help, because technically we have a lot of problems with all these street vendors, not just the actually legal street vendors. Most of the taco stands that are here, they come from LA, so we're having this problem, because for us just to even start a small business, even a small trailer that actually sells tacos or ice cream, It's between $50,000 to $60,000 just to purchase one.

To actually open a taco stand with canopies and grills and all that, it's between $1,000 to $2,000. And technically, they're not paying anything. Most of these people is coming from L.A., and it's not like pops and moms, businesses. They are just employees who are working for bigger corporations. A bunch of these taco stands, they're coming from L.A. They are not from here. And the reason why we actually come in and telling you all this is because it's already been three years with all these tackling stands.

And I'm pretty sure most of you guys live around this area and you saw a lot of these tackling stands all over the place. So thanks. We've been working with the city, with the health department, code enforcement, and they've been helping us out a lot. So we just want to say thank you to them. but this is not enough because if they come and take all the food at 6 o'clock, by 7 o'clock they're already selling everything again. So we're just asking for your help. We just don't know what to do no more. They tell us to go to the senator. We went to the senator, Tom, and we went all over the place.

So what we need to do, like stop paying taxes or what we have to do? So who can we talk to so they can help us out on all this? Because I don't think it's fair for us and for all the businesses, restaurants and Sanana that we're doing everything legal. So we're not here to complain about them. We're just here to make sure that if you guys can help us, to make sure that they do everything by the law. That's the only thing we're asking. We're just so tired of being fighting back and forth to everyone.

So if you guys can please help us and help either the police department, code enforcement, the whole department, because we don't want to have that little TJ in here in Sanana. So that's the only thing we're asking. It looks pretty bad. And like I say, I invite you guys to go by Harbor and 17 all the way down, or Bristle on Main Street, and you're going to see all the mess. Thank you so much for your help.

Araceli Gonzalez followed by Juan Gonzalez followed by Bulmaro Vicente.

Buenas noches a todos. Mi nombre es Araceli Gonzalez. I'm a member of the OCB Business Association. Estamos viniendo. Yo vengo a representar a todas las mujeres solteras, viudas, que están, que es el único sustento de nuestras familias. Que estamos en una crisis verdaderamente crítica. Que nuestros negocios están acabando. Que no tenemos el dinero suficiente para seguir

with all and every one of the permits and everything we have to pay day-to-day. The future of this city is our children. If we don't have to pay for our children, we don't have to pay for school, and we can continue to go ahead. What will happen with all this? We need you support. of you, that help us to find more solutions, because our children are the future of this

city. And if you continue the situation like this, many of our colleagues have had to close the business. And it's a sad that the effort of so many years of us, we can go por la borda. Necesitamos de su ayuda, de su comprensión, porque muchos de nosotras es el único sustento que tenemos. Por favor, ayúdenos a seguir a nosotros adelante. Ustedes tienen el

You are the only people who can help us all.

If you can try to modify, verify, read, find some support, to help us to solve these problems. And that we don't lose our streets, that we don't lose our city, that we don't lose our border, all the work of our previous colleagues and the current ones and the ones that come. No let's lose our city, our streets. They have invested much money in building this city and it's beautiful.

You have to keep the city in good conditions. Our streets are free and clean streets. And that the economy will continue. You are the only ones that can help us. Thank you. Thank you. Muchas gracias.

If we do not continue our businesses, we are going to perish.

We are only getting money enough for our expenses, for permits, and the future of our city is our children. If we do not have enough money to pay their expenses, to feed them, to send them to school, what's going to happen with them? We need your support. We need you to find solutions to this. only you our children are the future of the city and if this continues our business many of our friends businesses will close and it's a sad situation that we're facing this and that

businesses that have been here for so many years are going by the wayside and we need your help and we need your understanding, we need your support. This is our only source of income, so please help us. You have the power, you're the only ones who can help us. So if someone can look into doing something, changing, modifying things, find some way to support us. We do not want to lose our streets, we do not want to lose our city. There's been a lot of investment into our city to make it beautiful. We don't want to keep it nice. We want our streets to be free and not congested.

Only you can help us.

Valerie Amezcua

Madam Clerk, can we correct? Was it Araceli Gonzalez?

Valerie Amezcua

That's correct.

Okay, thank you. Juan Gonzalez?

Good evening, Madam Mayor, members of council. Juan Gonzalez, SoCal Gas Public Affairs Manager here in the city of San Ana. Beforehand, let me first again congratulate the mayor, those reelected members of council, and the newly elected members of council. Looking forward to working together in areas of mutual interest. Purpose of my visit today, I'm here to discuss a little bit regarding the found expensive gas bills a lot of our customers, a lot of your resident art customers received this past month. We are reaching out to inform customers that our natural gas prices are going to be even

higher than the usual this January due to several unprecedented factors beyond our control. Customers may see winter natural gas bills double or higher compared to one year ago. The high bills are a result of historical high natural gas prices in the western United States. SoCal Gas doesn't set the price for natural gas. Instead, natural gas prices are determined by national and regional markets. SoCal Gas buys natural gas in those markets on behalf of residents and small businesses at the cost of buying that gas is then billed to those customers with no markup, meaning SoCal gas does not profit from gas commodity prices going up.

According to the U.S. Energy Information Administration, a number of factors are contributing to the higher natural gas commodity prices. Widespread below normal temperatures on much of the West Coast, including Washington, Oregon. High natural gas demand for heating by customers in areas with below normal temperatures. reduce natural gas supplies to the west coast from Canada and the Rocky Mountains, reduce interstate pipeline capacity to the west coast because of pipeline maintenance activities in West Texas, and low natural gas storage levels on the west coast.

To help our customers reduce energy bills, we encourage them to do the following. Lowering their thermostat to 3 to 5 degrees health permitted at home, and so proper caulking and weather stripping, this could roughly save 10 to 15 percent on heating and cooling bills, wash clothes with cold water, reduce the temperature on the water heater, lowering temperatures on water heaters and setting that at 120 degrees can save up to 22% in energy costs, limit the use of essential natural gas appliances such as spas, pool heaters and fireplaces. And we also offer several ways to help income qualified customers through our special bill

assistance forgiveness program that are able to assist with those folks having difficulty. In addition, SoCal Gas Reset announced a $1 million contribution to the Gas Assistance Fund, a program that helps low-income qualified customers to pay their natural gas bills. If anybody's having any particular issues in paying their bill, please call our 800 number at customer service, 800-427-2200, 800-427-2200. We're able to work with you, allow for opportunity to make payments. Again, the last thing we want is anybody having issues with their gas bill, we want to be able to be supportive. Thank you very much for the time.

Bulmaro Vicente followed by Miriam Rojas followed by Maria Garcia.

Thai Viet Phan

Sorry to interject, but Madam City Manager, can you get some of that information out to the public if it's not already been done on social media? Thank you.

Hello, Mayor and Council. My name is Bulmado Boomer Vicente. I am the policy director for Chispa and also a lifelong resident of Santana. I'm here to speak on item 29 and 24, the police oversight report and the agreement with the Immigrant Defenders Law Center. But first, I want to acknowledge the tragic killing of Kenan Anderson, a black educator, a father who died at the hands of ALAPD last week. He suffered a mental health crisis and police responded violently by teasing him. His death hits home to our community because we're not new to these events.

In fact, just a day after the Santa Ana City Council made a historic vote to pass police oversight, the Santa Ana Police Department shot and killed Alejandro Montes in front of the Santa Ana DMV near Villa Intermediate during school hours. The police stopped Alejandro for having an expired registration. Both Alejandro and Kenan should still be here today with their loved ones. We as a city have an opportunity and now a responsibility to prevent these injustices from happening in our community. The City's new Police Oversight Commission is that first step, but as a city we must do it right and with the community.

As the city moves forward with its implementation efforts of the Commission, the public must be involved in this process, including the engagement and selection of the Director. For example, the City should host a public forum where community members can ask questions to candidates of the Director position. Community vomit is crucial for the Commission's success and effectiveness. We also ask the Council to move forward with engaging a director through a professional service agreement that lays out the clear terms, duties, and responsibilities of the position while also providing conditions and guardrails for termination.

This can help prevent any delays or unexpected changes to the position and commission. An exempt at-will city employee puts a position at risk of being terminated by the Council at any moment, with or without reason. This will also allow the director to leave their position without any notice. We need to make sure there is no delay or setback with implementing oversight. Our community cannot take that risk. The year 2022 was the year with the most police killings in any year in the past decade. I'm hoping this year cities like Santana can lead the way for police accountability and oversight.

We're here to support and to work with the city on its implementation efforts to ensure this commission becomes enacted and successful. Lastly, we ask for you to improve the agreement with the Immigrant Defenders Law Center to continue their services protecting our immigrant community. They have been able to assist our community in fighting deportation in and out of detention. We need their continued support. Thank you.

Miriam Rojas followed by Maria Garcia.

Buenas noches. Buenas noches, honorable.

I'm a member of the OCS Business. I'm a little bit at the face of my mouth because I'm with great sadness. I'm going to ask you because I've closed my business.

Los puestos de ambulantes han afectado tanto nuestros ingresos para casa que tuvimos que cerrar.

Por el sueño que hemos luchado, mi familia y yo la vemos desbolonada.

Disculpen.

Incluso mi hijo estudia al colegio Por un momento le dije que va a tener que suspender sus estudios Para buscar una nueva alternativa para que él siga adelante

Mi hijo me cuestiona muchas veces a mí Porque me dice, mamá

Costa Mesa, Fullerton, Anaheim, llega a un puesto ambulante y la policía luego llega y le dice que no puede hacerlo. ¿Qué es lo que pasa en Santana? Yo quisiera tener esa respuesta para decirle a mi hijo, ¿verdad?, que es realmente lo que está pasando. But today I'm going to put my case, which is palpable, how we are affecting the ambulance in our city. Not only me, but many colleagues.

I can't keep allowing my son to continue to continue to continue in their studies, end up by an invasion that they don't pay the same impuestos that we pay. That we treat the rules and laws that are established in our city.

I agree with those rules, that is not for other people.

I have to have to see, with my son, many times that they go and they go and they go and they go and they go and they go and they go and they go and say, you know, you can get the place because they are already standing and you just have to wait and go and go and go. I ask you to seek a solution for this, because it is in your hands.

Thank you.

Good evening to all the members of the City Council. I'm a member of the OC Business Association. and I'm here choking up because I had to close my own business. These vendors coming into our city have affected our take-home income and I've had to close my business. And my family's dream is broken. My son, who is going to college, I had to tell him that he had to temporarily suspend his studies because we don't have the money to pay him. My son asks me a lot, many times.

Mom, you see in cities like in Costa Mesa and Fullerton and Anaheim, when there's a street vendor, the police comes and then they stop them. What about Santa Ana? What's happening in Santa Ana? I would like to have an answer to give to my son. And I'm here to bring you my case. It's a real case, a tangible case, because this is affecting not only myself but affecting other colleagues as well. And I can't, this is breaking my son's dream of going to, having a college education.

And my son's dream is being broken by an invasion. We follow the laws, we follow the rules in this city. I follow these laws and others may not and I see vendors when they come they see that the authorities are coming and they just see them coming and they just take down their their their little stands and then they wait for a little bit after they go and they just bring them right back so there's no consequence for them so we need your help I beseech you to find the solution It's in your hands. Thank you.

Final in-person speaker, Miriam Rojas.

adelanto y hubo momentos en la que la verdad si quise tirar la toalla porque en los centros de detención pasan muchas cosas tan tristes. Yo tenía miedo de regresar a mi país por la violencia y temía por mi vida, pero uno a veces por la presión tan grande que siente estando ahí en esos centros de detención que la verdad por experiencia propia que yo lo pasé, no se lo deseo a nadie, tiramos la toalla. Tal vez por eso muchas Many people are in deportation because the conditions are very deplorable and in that detention center, they torture us very much psychologically, really.

And it's sad, but my strength inside was this organization, INDEF, and my lawyer Fernanda, because they gave me much support. My lawyer Fernanda told me that she didn't have fear and that she didn't lose faith in me. She told me that there was always a hope and that she would fight with everything so that I could first, God, come and be with my daughter. Thank God, I came from the center of detention. When I was in my daughter, she was very happy. My daughter only has five years old. My mother and my sister always spoke to me. And I felt like I was always with her, in her arms.

And I never will forget that moment, those kisses that she gave me. I will never forget that first impression that I abra and hug you. Thank God and for the organization INDEA, that was possible to reunify with my daughter and my family, which is the most important thing we have. I think it's the base of society. This organization has a great contribution, and that commitment to help us with heart. I think that's what this country needs. to this country, to have empathy for the immigrants and that they can help us more. Because, the truth, it's very hard, it's traumatic to separate families.

And I'm here, I'm here, saying this, because, the truth, they helped me a lot. And thank God, I'm here. And what's important is that they have empathy for people and see us as human beings. Even the Ave Maria Fernanda, who never will forget that, in her days of rest, she called me to ask me how she was. And that really means a lot to me. This organization is dedicated to that families and we are together and to fight for all the people in the immigrant to be with our families. I think we all want that.

And the truth, that doesn't have a price. Thank you to the city for your support and this organization that makes this beautiful work. Thank you.

My name is Leon Rojas, and I've been a client of INDEF, And I've been in the detention center in Adelanto. And because of all the conditions that were happening there, many times I felt like throwing in the towel. And in the detention center, it's a very sad situation. Many sad things are happening. And I was afraid to go back to my country. I feared for my life in the detention center. That's why I felt like throwing in the towel. and I think that many people, that's the reason many people sign their own deportation orders

because of the conditions that are happening in the detention centers. There's psychological torture that happens, but I received the help and the support from Indef and Fernanda, my lawyer, and she gave me hope. She said she was going to fight for me to help me get out, to help me go back to my family. and thanks to God I got out and my daughter was very happy. My daughter is five years old and when I was in the detention center, my mom and my sister kept talking to my daughter about me and when I went back, it was the most wonderful thing

just to feel her hugs and feel her kisses from my daughter and it's as if she had never left. It's thanks to INDEF for helping the families, for helping the families in these situations. They are committed, they are disciplined to help us to get us back to our families, and that's the most important thing. I think that's what this country needs, people that sympathize with the immigrants and they worry, are concerned about family separation.

I'm here because I received a lot of help from them. They have the empathy for people. They see us as human beings. And my lawyer, Fernanda, even called me on her days off to see how I was doing. They fight for our families, and this is priceless. So I want to thank the city for their support and this organization as well.

Mayor, that was the last in speaker. in-person speaker, but we do have speakers on Zoom.

Valerie Amezcua

Go ahead.

Speakers on the queue may provide their comments on agenda or non-agenda items within the city's jurisdiction with the exception of public hearings items 30, 31, 32, and 33. When unmuted, please announce your name, ward, or neighborhood you reside in within the city of Santa Ana for the record. To request to speak, dial star 9 from your phone or select Raise hand from Zoom now.

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

Victor Bayan?

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

Can you all hear me okay?

Yes, we can hear you.

Okay, give me one sec. I just want to make sure that you all are able to hear me. Hi everybody. My name is Ana Ramirez. I'm a participatory defense organizer with the Orange County Rapid Response Network, and I'm calling in to express my support for the renewal of the universal representation program in the city of Santana. As I shared, I'm a participatory defense organizer with the Rapid Response Network, and I can speak to the many cases that we have been able to support and have been able to actually refer to immigrant defenders for vital legal representation. that Santana residents so desperately need.

We have been able to refer many cases. There's not enough time, honestly, for me able to share about every single one of them, but Immigrant Defenders has done a great job at supporting community members inside and outside of immigrant detention centers. They have been a great partner. And one of the things that I really want to highlight is that Santana has really led the way in Orange County by providing such a vital program to immigrant residents. There is no other city in the county that has been able to do that and so it's really really imperative that the city

renews the program so that we don't take a step back given the fact that legal representation is such an important matter when it comes to actually winning a case. So I just want to express my support and hope that the city is able to continue it. Thank you.

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

Good evening, City Council. My name is Mal Trejo. I live in Jesse's board. I'm also a leader and a member of the participatory defense space within the Orange County Rapid Response Network, a proud partner of the services that we've been able to provide our folks throughout Santana with the legal services. So I'm here in support of expanding those services and renewing those contracts. I also serve on a statewide coalition that supports formerly incarcerated people. And so I think these services have been vital in supporting community members here in Serena.

And I think even supporting their leadership and advocacy and policy efforts across the state, one being the vision, which is something that we as the Orange County Response Network helped support in the last this last year. And so I think, yeah, there's a there's a need for these resources to be to be had and to be provided for folks in Orange County, but particularly in Santa Ana. And as we know that Orange County is like one of the biggest, makes one of the biggest transfers from local police departments into jails. And so having these resources accessible to our community members is vital.

And so I'm here in support of not only renewing these services, but also expanding these services so that more community members can benefit from being represented and for giving a second chance. Thank you.

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

Hello, can you all hear me?

Yes, we can hear you.

Thank you. My name is Laura Hernandez. I live in Ward 3, and I'm also commenting in support of the renewal of the Immigrant Defenders contract. I personally was a beneficiary of the services provided by IMDEP. When I was released, I had some immigration issues going on, and Lisa Okamoto was my attorney from Immigrant Defenders, And I can share that the amount of support and what it meant to me to have that support is priceless.

To walk around not knowing what was going to happen and not just not knowing what was going to happen, but not having anyone there to defend me, to represent me, to teach me what my rights were, was a very scary place to be. I believe Santa Ana in providing these services for people like myself and for others like me was steps ahead of everyone else. And to sit here and contemplate removing that from people like me

would be basically just resentencing us all over again to another penalty, which would be probably deportation or who knows what else, right? We as community members need support. We need resources. We say it over and over again that when we have resources that we will succeed. Removing this huge resource from the city of Santa Ana would be a disservice to all community members, not just the people that actually benefit from MDef, but their family members as well. if I didn't have immigrant defenders supporting me and representing me,

my family doesn't have the resources to pay for an attorney and we could be separated. So I strongly urge the council to keep that in mind, that we're trying to keep families together. And by removing this resource, we would effectively be eliminating that. Thank you for your time.

Thank you, Mayor. That was our last speaker on Zoom, but I would like to provide a summary of e-comments that we received via email. We received for item number 24, the Immigration Legal Defense Fund, we received three comments from Santa Ana groups that requested consideration, a request for proposal for other vendors. For item 29, the Police Oversight Commission, we had five Santa Ana groups in support of or engaging in an independent oversight director one santa ana resident suggested that the independent director be appointed when the commission is installed and non-agenda items

we've received a comment from one santa ana resident concerned for the increased theft in the city and one santa ana resident concerned for the increased drug dealing in the city that's the summary of comments

Valerie Amezcua

great thank you very much at this time we're going to go to the consent calendar items um council members please announce any items that you will be abstaining from due to a conflict if there are any requests to pull an item um from the account consent calendar um council members please state your name to motion and second to approve the remainder of the consent calendar when we're done pulling it and then you'll cast your vote the city clerk will announce and display the roll call let me start with councilman hernandez

Valerie AmezcuaItem 3

councilman hernandez do you like to pull any items

Johnathan Ryan HernandezItem 3

not at the moment mayor mesquite thank you councilman becerra

Valerie AmezcuaItem 3

i don't see him sitting there i'll go back um councilman taipan

Thai Viet PhanItem 3

Can I pull item 24 please? Thank you.

Valerie AmezcuaItem 3

May Councilman Vasquez.

Benjamin VazquezItem 3

I was gonna pull a 24 as well, so.

Valerie AmezcuaItem 3

Okay, it's ready to get a pull. Let me go back to Councilman Bucera. Any items you'd like to pull or abstain from?

Phil BacerraItem 3

Yes, give me one second, Mayor.

Valerie AmezcuaItem 3

If you don't mind, then let me go to Mayor Pro Tem Madam Lopez?

Jessie LopezItem 3

No items, thank you.

Valerie AmezcuaItem 3

Thank you. Councilman Penelosa, any items?

David PenalozaItem 3

Thank you, Madam Mayor. I have no items to pull. I just want to comment on item 10. So let me know when that's appropriate.

Valerie AmezcuaItem 3

Perfect, thank you. Councilman Fissera?

Phil BacerraItem 3

Thank you, Madam Mayor. I would actually like to pull items 10 and 13.

Valerie AmezcuaItem 3

10 and 13. No abstentions, no excuse-offs. and says councilman hernandez back to you really quick

Valerie AmezcuaItem 3

sorry mayor mayor musko i'm sorry you have no items to pull at this time no no perfect okay so can we get a motion to approve so moved i'm sorry so moved this is uh councilman pinabella

Madam Mayor, will you be pulling item number five? I apologize. I'll be pulling item number five

Valerie AmezcuaItem 3

just to make a correction on this. Thank you for reminding me, I appreciate it. We've been moved by Councilman Palmosa.

Johnathan Ryan HernandezItem 3

In correction, Mayor Mesquite, I did have an item that I did want to comment on.

Valerie AmezcuaItem 3

What would that be?

Johnathan Ryan HernandezItem 3

I didn't want to pull the item, so I just wanted to comment that I'm happy to see that item 12 I wanted to just thank our public works department they are going to be approving they are going to be introducing a king street urban greening project which is right off of fairview street in between 10th and civic center and what that is going to be is a project that will It will create safe streets for pedestrians. It'll have public space, seating. It'll have shading structures for trees, drought tolerant landscaping, irrigation systems,

Johnathan Ryan HernandezItem 3

green street elements, public art installations, and there will be pedestrian and bicycle facilities to the Articia Pilar neighborhood. I'm very happy that this is coming to our backyard. I just wanted to inform the public that this is an item I'm happy to support. Dr. Cree's my question. Thank you.

Valerie AmezcuaItem 3

Thank you. Council Member Penalosa, when we go to item 10, then you can make your comments.

David PenalozaItem 3

Perfect, thank you.

Valerie AmezcuaItem 3

Okay, so then there was a motion by Councilman, I believe Penalosa. Second. I second by Councilman Becerra. Can let's do a roll call, please?

Council Member Becerra?

Phil BacerraItem 3

Yes.

Council Member Hernandez?

Phil BacerraItem 3

Yes.

Council Member Penalosa?

Benjamin VazquezItem 3

Yes.

Council member Fan. Yes. Council member Vasquez.

Benjamin VazquezItem 3

Yes.

Mayor Potem Lopez. Yes. Mayor Mesquah.

Valerie AmezcuaItem 3

Yes.

Motion passes by unanimous consent.

Valerie AmezcuaItem 3

Great. Thank you. Let's go to item five. Just the last. All I'm going to do is commissioner number nine, the youth commission. I'd like to remove the young lady. She's in college. I thought she was still in high school. of my error and that's all I have and I'd like a motion please. I'll make a motion to approve item

five. Second. Thank you. Let's prepare to vote. Do you want to do a roll call? Council member Becerra? Yes. Council member Hernandez? Yes. Council member Pinalosa? Yes. Council member Fan? Yes. Council member VASCUS? YES. Mayor Pro Tem Lopez? Mayor Mesqua? YES.

Valerie AmezcuaItem 3

MOTION PASSES BY UNANIMOUS CONSENT. THANK YOU. LET'S GO TO ITEM NUMBER 10 PLEASE.

David PenalozaItem 3

MADAM MAYOR, I'M NOT SURE IF YOU, BEFORE WE MOVE ON, WOULD YOU LIKE YOUR COMMISSIONERS THAT ARE IN HERE IN THE ROOM TO TAKE THEIR OTH OF OFFICE SO THEY'RE NOT WAITING? WE'RE GOING TO DO

Valerie AmezcuaItem 3

that I'm sorry, thank you for reminding me. We're going to do that on February 7th when I present. I'd like to congratulate all of them if they are there tonight, but February 7th, they should have been notified that they were going to be sworn in on that day. Okay, thank you. Thank you for asking. I appreciate it.

Phil BacerraItem 3

Let's go to item 10, please. Thank you, Madam Mayor. I pulled this item. Madam I'm City Manager. So according to the staff report, it says SAPD uses BMW motorcycles as a standard for traffic enforcement services. We happen to have a BMW dealership here in Santa Ana. Did that dealership submit a bid for this particular invitation for bid?

No, sir. They don't do motorcycles at CREVIER.

Phil BacerraItem 3

They do not do them over there. Okay. Okay. Has city staff worked with them before or have we always used this Long Beach BMW dealer?

I'm not sure if we procured from any other BMW dealers. Nabil, do you recall ever procuring from another BMW dealer than Long Beach?

We can find that information out for you.

Phil BacerraItem 3

My main concern, and you kind of addressed that in the sense that this particular dealership here in Santa Ana doesn't deal in motorcycles. Because every time I see some sort of business that looks like we should be working with them, contracting with them here, and a lot of times the response is, well, we put it online. I don't know why they didn't pick it up. We put it online. And my concern is, well, if we know, and this is something to think about. I don't know if maybe on some of these bids that go out, maybe economic development should be partnering up so that we can try to identify some of these local businesses that if they

Phil BacerraItem 3

haven't submitted a bid, then our staff should be proactively going out there because there's a lot of things that this council's been working on that wants to do. And some of our ideas are pretty expensive. So it'd be nice that in addition to just seeking handouts from governmental entities that we can actually help our community and patronize our local businesses. And I think what a great way to set an example if our city government did that. So I would hope that we can be more proactive in that particular aspect.

And certainly, sir. And, Councilmember, based on your previous request, we have done a lot in that area. We have taught a lot of businesses how to get online and register so that our recipient of any of our invitations for bids, so we have been working diligently on that. And then we also give a preference to local businesses and a preference to even small businesses within Orange County as well.

Phil BacerraItem 3

Perfect. Thank you for that. Well, with that, I'll go ahead and move the item then.

David PenalozaItem 3

I'll second the...

Valerie AmezcuaItem 3

Can I also do if you have comments?

David PenalozaItem 3

Yeah, I'll second with comment. I just wanted to, you know, also ask staff, you know, it's interesting and kind of hard to believe that the number one BMW selling, number one selling BMW dealership in America does not sell motorcycles. So that's just an interesting, I mean, I'm sure it's true, but it's just interesting to know that. I had a question about the staff report. The staff report says that the bid received from Long Beach BMW motorcycles was deemed responsive.

David PenalozaItem 3

But in the past, when we've had bids similar to this, we list, you know, how many dealerships were notified, how many dealerships, you know, put in a proposal, and which one was deemed responsive. Why aren't those listed this time around, Director Sabo?

We only received one bid.

David PenalozaItem 3

So there was only one bid received? I think that's something that should be added into the staff report because it just says, you know, we thought the Long Beach bid was responsive and, you know, that's it. But there's no information on how many bids or who put in a bid. So, for in the future, I think, you know, like we've done in the past that we should include that. Those are the only comments. But I would also just double down and try to make an effort that we at least stay within the county when we're making these large purchases of vehicles or other items. I understand that if a Santa Ana dealership can't do it,

David PenalozaItem 3

but if there's a neighboring city that can, we should try to see if they could fulfill the contract or the purchase. And that's it. Thank you.

Valerie AmezcuaItem 3

Great. Thank you. You made a second. There's a first motion by Councilman Becerra. Second by Councilman Penalosa. Madam Clerk, can we do a roll call, please?

Councilmember Becerra?

Phil BacerraItem 3

Yes.

Councilmember Hernandez?

Johnathan Ryan HernandezItem 3

Yes.

Councilmember Penalosa?

Johnathan Ryan HernandezItem 3

Yes.

Councilmember Fan? Yes. Councilmember Vasquez?

Valerie AmezcuaItem 3

Yes.

Mayor Pro Tem Lopez?

Yes.

Mayor Emesqua?

Valerie AmezcuaItem 3

Yes.

Motion passes by unanimous consent.

Valerie AmezcuaItem 3

Great. Thank you. Let's go to item 13, please.

Phil BacerraItem 3

Thank you, Madam Mayor. I pulled this item up. So this item is about a proven appropriation adjustment to recognize grant revenue from the state of California resources recycling and recovery for SB 1383 local assistance grant. So as we know, SB 1383 is an unfunded state mandate that requires us to separate organic waste and that cost gets passed on to our rate payers, our residents and our businesses. And so not only are they paying when it comes to their monthly or bimonthly bills, but one cost that has been brought to my attention is that as they're, you know, I guess adapting

Phil BacerraItem 3

to these additional bins or additional collection containers is that especially in the multifamily residences or apartments, they're having to reconfigure their trash enclosures. And that's not cheap. And our city, thankfully, requires a certain quality of these types of trash enclosures. They're not onerous requirements, but nonetheless, to reconfigure these enclosures costs money. And so where do those costs ultimately end up at? Back at the renters, back at the folks that are there, whether it's the folks in the multifamily RESIDENCES OR APARTMENTS AND ALSO IN THE BUSINESSES.

Phil BacerraItem 3

SO WHAT I WANTED TO ASK MADAM CITY MANAGER ON THIS PARTICULAR ITEM, CAN ANY OF THIS MONEY BE MADE AVAILABLE MAYBE THROUGH SOME SORT OF APPLICATION PROCESS WHERE WE CAN ACTUALLY HELP FUND SOME OF THESE TRASH BIN ENCLOSURE CONVERSIONS?

EXCELLENT QUESTION, SIR. I WILL ASK OUR PUBLIC WORKS DIRECTOR TO ANSWER THAT. I'M NOT SURE OF THE RESTRICTIONS PLACED ON THIS GRANT MONEY.

GOOD EVENING. This grant fund is strictly for outreach, education, and it's not designed to subsidize the construction of enclosures. It is for field work, technical assistance, and public outreach, like I said. That's what the grant is for, and that's what will be used for that.

Phil BacerraItem 3

Okay, well, thank you for that clarification. I would ask Madam City Manager and Director Saba if we could look and ask the state for any sort of assistance on that because, again, that's a cost that we're going to see passed down to our renters. And the intention of this legislation is good, but like with many things that come out of Sacramento, they're unfunded. And so it's great to tell people to do things, but then the true impacts, as we're seeing with the folks that came tonight to talk about certain issues that are on our sidewalks,

Phil BacerraItem 3

right? You have certain issues from Sacramento that come to the streets, and they don't realize what the actual negative impacts are going to be. So if you would, Director Saba and your staff, if you guys could inquire with the state, I would really appreciate it. I know renters and apartment owners and managers would appreciate that as well.

Will do. Thank you.

Valerie AmezcuaItem 3

Thank you. Any other comments?

Valerie AmezcuaItem 3

I have one thank you councilman Becerra for bringing this up so

Valerie AmezcuaItem 3

what other way then if the state with the state is probably nine out of ten times going to say we don't have any funding to give you so um how do we address this because then our residents and renters everybody ends up paying um and i get it i'm sure the council members get emails regarding trash pickup lack thereof changes overflow there's so many things so can you tell me how we we're going to keep this away from our residents then the cost certainly mayor we can always seek

opportunity for additional grant monies that if we're fortunate we may receive that could be used for that purpose but for this specific item it is it's not allowed right now I

Valerie AmezcuaItem 3

know it's not allowed for this particular item and the grants very clearing and thank you for the information what it's to be used for as it indicated educational videos and social media campaigns or whatnot however councilman Becerra brings up a very good point because our residents end to pay so if we can come back February 7th with some information as how we can resolve this or assist our residents so that they do not end up getting stuck with the bill an additional bill I

should say we certainly can research that for you and provide the whole council that information that would be great on February 7th and we could as soon as we're done researching it we can send it to you via an email and provide it to all of you right and then i just want to share it with

Valerie AmezcuaItem 12

the community so either we do it through our social media or send out through constant contacts if we can get it out to our public to the community is that possible i would wait to see

what information we have and what our success is at finding ways to offset the cost which could take quite a bit of time before i would put it out to the public in case we're not successful

Valerie AmezcuaItem 12

No, that's what I'm saying. I don't think you're understanding me. I'm saying February 7th, you can come back and give us some information. If there's something available, then we can share with the community. If there's not, then you would tell us we're still researching it. I'm not asking you to put anything out right now. I'm just saying at some point, I'd like to get something out to the community.

We certainly can put it on as a discussion item for you and we will have the information.

Valerie AmezcuaItem 12

Thank you, okay.

Thai Viet PhanItem 12

Mayor, may I have a...

Yes.

Thai Viet PhanItem 12

May I make a comment? you sure can thank you um so i first of all great job we got a ton of money compared to some of the other cities so uh congrats to our team i'm not sure if it's still ruby um who's doing it but either way thank you um one area i do want to specify is that you know it's about social media and going you know meeting with community groups and whatnot but can we make sure that we're working with our community partners in the Vietnamese American community, in the Spanish-speaking community, so that it's not just our traditional forms of outreach, but, you know, for example,

Thai Viet PhanItem 12

there are a lot of neighborhood groups that, while they may not be Santa Ana specific, but for example, Nueva California is viewed by a ton of people in the Little Saigon area, including the Vietnamese community here in Santa Ana. So I just want to make sure that we're using all these other avenues additionally I know we have our Vietnamese community liaison who can go on earned media Vietnamese TV radio newspapers that will cover this information so please please use those avenues thank you and thank you council

member and we can and the individual that leads that is Christy Kindick who is present here tonight so thank you Christy we appreciate free money

Valerie AmezcuaItem 12

Great, thank you. Any other comments?

Valerie AmezcuaItem 12

Madam Clerk, you want to do a roll call?

Valerie AmezcuaItem 12

Is there a motion?

Phil BacerraItem 12

I'll go ahead and move it, Madam Mayor.

Valerie AmezcuaItem 12

I'll second.

Valerie AmezcuaItem 12

Any other comments, Madam Clerk, you can do a roll call, please.

Council Member Becerra?

Valerie AmezcuaItem 12

Yes.

Council Member Hernandez?

Valerie AmezcuaItem 12

Yes.

Council Member Peñalosa? yes council member fan yes council member vasquez yes mayor pro tem lopez mayor mezcla yes

Valerie AmezcuaItem 12

motion passes by unanimous consent thank you let's go to item 24 i believe it was pulled by

Valerie AmezcuaItem 12

um council member basara i believe wasn't you so i'm sorry no only two tonight okay well let's go to Councilman Vasquez and then there's other comments it was pulled by Councilmember Pham but

Benjamin VazquezItem 12

I'll go ahead and start great great awesome this has been some great work by the city of Santa Ana to have this uh immigration fund uh and the immigrant defenders have been doing a great job with the services we have and I mean a community and many people that I know have been have used this but at one time this fund was at $300,000 I just like to

ask why we reduced it back to 200 so councilmember and before my time it was 60,000 that was increased to a hundred thousand then it was increased to two hundred thousand and then at the council's members requests where we were compiling the budget, it was increased to $300,000.

Benjamin VazquezItem 12

And my question is why don't we, why isn't it continuing on with $300,000? What was the choice?

Oh, I'm sorry. So the budget was that. The contract with MDEP has always been $200,000. Was your question regarding the budget or was it regarding the contract that's before you?

Benjamin VazquezItem 12

The amount of the fund is now $200,000 instead of $300,000.

The budget amount is $300,000. The contract has always been $200,000.

Benjamin VazquezItem 12

Okay. So what I'm proposing is the immigrant defenders have been doing a great job working with our families and personally people I've known. But there's missing why we raised it at $300,000 at one time, and that was for the AAPI community. I have students who are Sikh who need the funds, Cambodian students I've had before, Vietnamese students, and there's a lack of service for that community.

Benjamin VazquezItem 12

So I'm proposing that we use, that we open up an RFP to a new service provider that would focus on everybody else. the Latinx community, we're very grateful to the city of Santa Ana for the great job, but we're missing out on folks, including Arab community, who will,

Benjamin VazquezItem 12

it's not benefiting as most of Santa Ana has, so that's my proposal.

And sir, I will ask Daniel Soto to go up to the mic because I think he could speak best to it. I believe those additional dollars haven't been programmed. So that is a possibility to do an RFP targeting those other groups.

Johnathan Ryan HernandezItem 12

So if I may, Daniel, this is council member Hernandez. I have a question, council member Vasquez. I fully support inclusion and us being intentional with how these monies are used and making sure that everybody has a seat at the table. Is your proposal to use that remaining that remaining $100,000 balance that we have in our budget to open an RFP process for the public to apply for immigration defense? Yes, that's what I'm proposing. Oh, if is your their motion on the floor?

Valerie AmezcuaItem 12

Now that this time is up for discussion and Daniel is going to give a brief presentation.

Johnathan Ryan HernandezItem 12

Okay. Is that your motion?

Benjamin VazquezItem 12

I think I can hear a motion. Oh, that was, I proposed, so I started that. You proposed a motion.

Johnathan Ryan HernandezItem 12

Okay. If there's a motion on the floor, Council Member Vasquez, please let us know. This is something that I'm supportive of. If there's a motion.

Benjamin VazquezItem 12

That's my motion on the floor. I don't know what words besides proposal.

David PenalozaItem 12

Point of order, Madam Mayor. I'm not sure who exactly has a full right now, but I know Daniel's at the microphone to speak exactly so thank you councilman

Valerie AmezcuaItem 12

panelists let's get through the presentation because I'm also a little confused on four hundred thousand one hundred thousand so Daniel please go

ahead thank you mayor good evening mayor and City Council and councilmember Vasquez to answer your question the city has budgeted and unprogrammed one hundred thousand dollars of funds for immigration legal defense fund that the the city can certainly use and deploy through a competitive request for proposals process for additional services through a new provider.

Benjamin VazquezItem 12

Okay. Perfect. So, go ahead, Ty.

Valerie AmezcuaItem 12

Go ahead. Daniel, question. So at this point, it's $400,000, and this is for two years, correct?

Yes, Mayor, that's correct.

Valerie AmezcuaItem 12

So we're looking at $200,000 a year.

Yes, Mayor, that's correct.

Valerie AmezcuaItem 12

And has there been any issues with the current Immigrant Defenders Law Center that we're aware of?

Mayor, the city has been happy with the services provided by Immigrant Defenders Law Center. They've been meeting all of the terms of their agreements since we have engaged with them back in 2017 to present.

Valerie AmezcuaItem 12

Okay, perfect. That's what I wanted to know. and I just want to remind everybody please that if you want to speak to let me know so I can acknowledge you that we were not speaking over each other please so thank you for answering my question that I have at this point Daniel um if you'd like to speak please let me know um councilman

Johnathan Ryan HernandezItem 12

Hernandez I believe you wanted to say something yes madam mayor um so Daniel so with the 200 000 that we have allocated, the remaining balance is a $100,000 budget. So if that is the remaining balance, I am supportive of what council member Vasquez is asking for. And ultimately it's for more inclusion and more equity when it comes to representation. And that's a good thing. So if there was a motion on the floor, I'd be happy to be the second to council

Thai Viet PhanItem 12

member Vasquez's motion um councilman council member fan thank you mayor um so i remember very clearly when this item came forward because i believe um i as well as council member becerra had raised some concerns about well not concerns but im def has done a great job in fact i know that founder of im def she went to usc law and so did i so um she's been just a really great supporter of this type of work and but one of the concerns we had was that none of the clients that were being serviced by IMDEF were non Latino non Spanish

Thai Viet PhanItem 12

speaking so we wanted to make sure that the program was accessible and servicing all members of our community so with that caveat we had proposed an increase from 200 to 300 thousand dollars specifically with a hundred thousand dollars going to outreaching to the API community, servicing the API community, and providing the services to the API community, or just non-Spanish speaking in general here in the city. Since then, I know that there were some hiccups in obtaining a partner or getting services from a nonprofit to work with us on this specific issue, because in speaking with MDEF, while

Thai Viet PhanItem 12

they do have some resources for non-Spanish speaking community members, they really are quite adept in that area, but not so much with the Vietnamese American community, which is the largest API community here in Santa Ana. And so I do work with legal aid, public law center, Asian Americans Advancing Justice. In fact, I worked with a council member in Stanton as a member of the Vietnamese American and Bar Association of Southern California to hold a free legal clinic working with these organizations to provide free Vietnamese language legal services and we will be bringing that here to Santa Ana in March so stay tuned.

Thai Viet PhanItem 12

But my point is with the $100,000 because it's already programmed in our budget, can we and because this is a professional services agreement, is there a way to work with partners in the community without necessarily going out to a full RFP process and kind of have something that is within the city manager's signing authority to get folks on board? Because right now, I don't know if we have those relationships yet, even with the members and the organizations here in the city. Is that possible, or do we have to go out to an RFP?

For the amount of meaningful money to engage those types of services, we would need to do a request for proposals.

Thai Viet PhanItem 12

And then my other question is also, I think I did ask for clarification, Daniel, when we spoke about this earlier today, is that the services for that $100,000 was not specifically mandated by this council to be for deportation defense only. It was for services to the immigrant community, legal services. Am I correct?

Yes, Councilmember Phan, that's correct.

Thai Viet PhanItem 12

Okay, and so I would like to see that I am fully supportive of this agreement, and I do appreciate staff doing a two-year agreement so that we're not coming back every year toward the deadline, but that we do look at doing an RFP that may be broader with legal services related to immigrant legal services, but maybe not just deportation defense.

Thai Viet PhanItem 12

And so with that, that would be my motion here to approve this agreement and for staff to come back or to go through RFP with our previous direction that was already approved and budgeted on this item and come back to us. So that's my motion. Thank you. Is there a second?

Benjamin VazquezItem 12

I second that motion.

Valerie AmezcuaItem 12

so so i understand council member fan you do not want to approve the 400 000 tonight you want to

Thai Viet PhanItem 12

go completely out to a new rfp process no no mayor i do approve the 400 000 which is actually just two hundred thousand dollars a year correct for two years correct and then that hundred thousand dollars which was already budgeted for the 22 23 fiscal year for staff to move forward uh with an RFP process to get services for immigrant communities.

Perfect.

Thai Viet PhanItem 12

Got it. And then aside from that, and I don't know if this has to be a part of a motion, I forgot to mention, is that I would love to see a report or like a staff report or something to tell us. I remember a couple years ago that there was, you know, how many clients did in-depth service, what were those cases, who are they, were some of them concluded, because I knew with these cases they may go several years I think that's really important because we are spending this money we want the community to know and it shouldn't only be reliant on people receiving services to come to City Council and I'd also

Thai Viet PhanItem 12

like to look at I was informed that there was a case referred to in deaf in which it was an appeals case an immigration appeals case for a Santa and a resident and they didn't take that appellate case. So I would like to see whether they can take those cases on and if not, why not, what the issues are. Because I think that if we service someone or they're facing deportation and it's not just at the front level they might be appealing, I think those deserve services too. Thank you.

Valerie AmezcuaItem 12

Great, so there is a,

Jessie LopezItem 12

is there anybody else like to speak yes mayor this is mpt lopez go ahead thank you um so i'm supportive of the contract that staff was presenting and thank you daniel for all the work that you've done in maintaining um all of the work that goes unseen um especially in speaking with all of the organizations involved uh i did want to add um for the rfp that is being proposed if some of the criteria could be that they are Santa Ana residents, that's important.

Jessie LopezItem 12

Also, you know, part of why this bucket of money was fought for to begin with was it was because these are services that were not being done by anyone or even at the state level, right? So the city of Santa Ana was leading in this area and creating the first, or being one of the first cities that said, yes, we're going to protect our immigrant community. So for this $100,000 RFP that's going to go out, I would like for it to be similar. I've heard from this council about not duplicating services that the county or that the state already has money and already gives to other organizations for.

Jessie LopezItem 12

But other than that, I'm very supportive of the contract. Thank you. Thank you.

Valerie AmezcuaItem 12

Are there any other council members that would like to speak?

Valerie AmezcuaItem 12

Thank you, Daniel. Madam Mayor. Councilman Hernandez.

David PenalozaItem 12

Councilman Peñalosa.

Valerie AmezcuaItem 12

I'm so sorry, Councilman Peñalosa.

David PenalozaItem 12

It's okay. Just a question for the city attorney, fully supportive of the discussion and the direction and of the item and of the motion, but just for legal purposes, Madam City Attorney, can we direct staff to put out an RFP for that other $100,000 with this contract approval?

Sonia R. CarvalhoItem 12

Yeah, you can give direction to your city manager asking the NARC. During the item? Yes.

David PenalozaItem 12

During this item. Okay. Just wanted to clarify.

Sonia R. CarvalhoItem 12

Because it's still related to the overall issue of the expenditure of legal funds for these purposes. Okay. Thank you.

Valerie AmezcuaItem 12

All right. So there's no other speakers. There was a motion. There's a second. And Kirk, you want to take a roll call?

Council Member Becerra?

Council Member Hernandez?

David PenalozaItem 12

Yes.

Council Member Peñalosa?

Council Member Fan? Council Member Vasquez?

Benjamin VazquezItem 12

Council Member Vasquez?

Mayor Potem Lopez? Mayor Mesquah? Motion passes 6-0 with Council Member Becerra absent.

Valerie AmezcuaItem 12

Great, thank you. Okay, this time we're going to end. I'm going to go back to Council Member Tian if you wanted to share your information, please.

Thai Viet PhanItem 12

Thank you, Mayor. My apologies, everyone. Last time I had recused myself from what is now item four, because Greenlaw Partners is a client of my employer, Rattan and Tucker. So I just want to state for the record and to update the minutes that I am recused from that item. Thank you.

Valerie AmezcuaItem 12

City attorneys, are there anything that we need to do to make sure, because we did approve the consent calendar and then she made a she's notified us now so do we need to go

Sonia R. CarvalhoItem 12

back she can make that notification because she did on the first time around she had disqualified herself if you wanted to correct the minutes properly you could have a motion for reconsideration and then retake that vote with her not participating in the vote is that what you recommend that we do over get the way it is um I would recommend that we we take that action just to clarify that on the record for her. I think it would be sufficient, but given that the FPPC might look at this, we should probably take the formal action. Perfect, let's do that.

David PenalozaItem 12

Make a motion, please. So I'll make a motion to reconsider item four.

Valerie AmezcuaItem 12

Item number four.

David PenalozaItem 12

I'll second. Okay.

Valerie AmezcuaItem 12

Madam Clerk, will you do a roll call, please?

Councilmember Becerra?

Councilmember Hernandez?

yes council member Pinalosa yes council member fan

recused council member Vasquez yes Mario Potem Lopez yes mayor mescla yes

Sonia R. CarvalhoItem 4

okay and so now you would just take a re uh take a new motion on item number four okay i'll i'll

David PenalozaItem 4

I'll make a motion to approve item four, Madam Mayor. I'll second.

Johnathan Ryan HernandezItem 4

I have a question. Could we go back to the last vote? Which item?

Valerie AmezcuaItem 4

I'm sorry, we're at item number four. Council member Fahm need to recuse yourself.

Johnathan Ryan HernandezItem 4

Okay.

Johnathan Ryan HernandezItem 4

I don't see the item on my agenda. My apologies, I'm looking at it now.

Sonia R. CarvalhoItem 4

It was consent calendar item number four, as I believe. Yes, and they're just correcting the vote.

Johnathan Ryan HernandezItem 4

what does this item pertain to?

It's a second. Go ahead, Madam Chair. It's a second reading ordinance for an ordinance approving an ordinance of the City Council of the City of Santa Ana for amendment application number 2022-01 amending the zoning map for the property located at 1700, 1720, and 1740 East Gary Avenue.

Johnathan Ryan HernandezItem 4

Okay.

Valerie AmezcuaItem 4

Council Member needs to recuse herself.

Johnathan Ryan HernandezItem 4

Okay, I see.

Johnathan Ryan HernandezItem 4

All right, well, I'm looking at the item now.

Johnathan Ryan HernandezItem 4

If you can come back to me, that'll be perfect. Thank you.

Valerie AmezcuaItem 4

So we voted and so we need to vote again. Yes, go ahead.

I'm sorry, can I get the motion again? I apologize.

David PenalozaItem 4

I made a motion to approve item four. Second.

Oh, go ahead.

Council Member Becerra?

Phil BacerraItem 4

Yes.

Council Member Hernandez?

David PenalozaItem 4

Yes.

Council Member Peñalosa?

David PenalozaItem 4

Yes.

Council Member Vasquez? Yes. Council Member, Mayor Potem-Lopez? Mayor Mezqua?

Valerie AmezcuaItem 4

Yes.

Motion passes 6-0 with Council Member Van Recuse.

Valerie AmezcuaItem 4

Perfect, okay. We're gonna go now to the business calendar.

Valerie AmezcuaItem 4

Item 29. Does any council member have any comments? City manager's looking for a direction. I believe, do we have a presentation on this?

We do, honorable mayor. So honorable mayor and council members, we have a brief presentation. As you're aware, the ordinance has been established that forms a police oversight commission. And we've put together a pretty aggressive timeline, but there is some direction that we need. And then we wanted to share with you kind of our path forward on this item. So Daniel Soto from the city manager's office is ready to give that presentation when you're ready.

Valerie AmezcuaItem 4

We're ready, thank you so much.

Thank you, Christine. Good evening, mayor and city council. Tonight we will go over a brief timeline on the next steps for implementing the city's police oversight commission.

So looking back at where we've been and where we're headed, back in November 2022, the City Council adopted an ordinance establishing the City's Police Oversight Commission. The ordinance full text is available on the City website. In December 2022, the ordinance took effect, and in the same month, our new City Council was installed.

present time now in January staff will soon begin a search for an independent oversight director to assist the police oversight Commission with carrying out its duties as described in the ordinance will simultaneously be launching a recruitment for a dedicated management analyst to provide regular dedicated staff for support to the police oversight Commission back in November Your staff began engaging with a representative from the National Association for Civilian Oversight of Law Enforcement, or NACOL, to provide us with technical assistance, ongoing

training and services relating to the implementation of the Police Oversight Commission.

Additional next steps for this month are releasing a call for applications. This is an opportunity for the City Council to consider nominations for appointing commissioners to the police oversight commission around the same time staff will be launching a cross departmental team that will assist in the city reaching its goal towards implementing the police oversight commission so for us that means that we will have a police oversight commission where all members of the commission are appointed and ready to have their first meeting this means that you can each

commissioner will have taken an oath we'll have signed a confidentiality agreement we'll have begun training and will have been offered a ride along. This also means that we will have employed a full-time dedicated management analyst for staff support and that we will have engaged and selected an independent oversight director.

Going forward, now is the opportunity, like I mentioned, for commissioners to be appointed and we hope to do that by June 2023. During the same time period, we hope to have provided an opportunity for the Police Oversight Commission and the City Council to have selected or reviewed applicants for independent oversight director and for the City Council to have selected one. And by July 2023, have a fully independent Police Oversight Commission that is operating.

The next steps after tonight is to release a call for applications, and that's with the assistance of the city clerk's office and we are seeking direction from the city council tonight on whether to engage an independent oversight director through a professional services agreement or by hiring an exempt at will city employee for that position to carry out those functions i'm available if you have any questions thank you

Valerie AmezcuaItem 4

so i'm sure there's a couple council members who'd like to make comments and let me start on one side and I'll work my way or to the other side let me start with council member Hernandez

Johnathan Ryan HernandezItem 4

thank you mayor mesqua um you can hand it off to my colleagues right now I'll come back to comment

Valerie AmezcuaItem 4

perfect thank you council member Sarah you can come back to me council member fan thank you mayor

Thai Viet PhanItem 4

So I would, when we talked about police oversight, one of the main issues that we wanted was independence, right, to make sure that because of the limitations of our charter and because the commission itself cannot make hiring and firing decisions and cannot mandate any decision by the city manager, that this director would have the opportunity to conduct the investigations and all of that stuff. So I would like someone who is independent.

Thai Viet PhanItem 4

I am worried about the at-will status of anyone who is independent.

Thai Viet PhanItem 4

So we have, so the two options are an individual who is an independent, excuse me, a professional services agreement or hiring an exempt at-will employee. So I'm not supportive of the idea of an exempt at-will employee.

Thai Viet PhanItem 4

One of the issues that we had brought up was that we did not want that the mere change in feelings, politics, the atmosphere of the country, whatever the case might be, that this person can come and go with changes of the season, for example. And so I think that it's important that this person has some protections, that they're not merely at will. I am interested in the professional services agreement but I don't know how I guess that would work either with not being at will because I guess in my mind

Thai Viet PhanItem 4

that they might be kind of a position that might be civil service or with some other protections to make sure that they have some rights and whatnot.

It's a small provision within the charter that allows the City Council to hire special independent investigators. So that's what we're using. It doesn't specify that it has to be an employee or a contractor. So if you had concerns about an at-will employee and wanted to go down the path of a professional services agreement and you were worried about having some stability and complete independence for that individual to do their job, you could certainly enter into an agreement that's a fixed period of time that you couldn't terminate you would at least get those

services done that's oftentimes done when cities used to engage in like a hearing officer the hearing officer would get a fixed term so he couldn't be if someone didn't like his hearing decisions they couldn't turn around and fire him the next day so that is something you could consider if you went down the path for the professional services agreement so you know I mean

Thai Viet PhanItem 4

with a professional services agreement those term out right or you have to re-up them every so often and again that can be easy and quick or it can take a long time or just by virtue of delay it becomes an unfunded position and no one approves a contract and then arguably you can have no director so is there a reason why we couldn't have you know a civil servant to do this position or I

Sonia R. CarvalhoItem 4

would love to know I just don't yeah I mean I think in answering that question It just is your charter. You cannot have it both ways. If you're going to have a civil servant, then under the charter it must be your city manager 100% in charge. And if you're going to have the council use this special investigatory provision, which you know is not as broad as I would like it to be to give you complete authority, but we tried to push, tried to make these things work based on what your requests were, then this is what you're with. Now, you could do a professional services agreement that has an evergreen so that you

Sonia R. CarvalhoItem 4

don't have to actively up the contract. It automatically maybe say it renews every six months unless the city council gives notice that it's not going to renew. And maybe you give the notice of renewal because, I don't know, that's enough time so that you're not responding to one bad decision or whatnot. So that may be one way to address your concern.

Thai Viet PhanItem 4

Thank you so much. And that is super helpful. And I guess I would like to point out then for our future charter discussions potentially to fix that particular issue for this position specifically because it's part of the conversation we've had regarding police oversight. With that, I would, you know, when reading the staff report, I didn't fully see the benefit of just hiring an at-will city employee versus a professional services agreement. I'm more familiar with a professional services agreement because that's what I have. in my day job and you know you have your scope of work the terms of your

Thai Viet PhanItem 4

employment it's pretty clear we can you know approve that and so that's where I'm leaning but do you see a benefit to having an exempt at-will city employee

instead and so my professional recommendation and I've shared it with a few of you is to do the professional services agreement I believe that the skill set that this individual is going to need to possess to do exactly the investigations that you want them to, it more than likely would be an attorney. And I don't think you would be able to find an individual that meets those rigorous qualifications for a full-time employee.

Thai Viet PhanItem 4

Thank you. And I kind of had a feeling for that too. And so with that, I would like, I would support that issue, but I would like to see terms, for example like the evergreen I don't think six months is long enough maybe a year I would like to do it in an off election year because we know things get crazy around silly season and I want to just take it out of that world as much

Valerie AmezcuaItem 4

as possible thank you thank you Councilman Panelausa thank you madam mayor I just

David PenalozaItem 4

wanted to echo what councilmember fan said I'd like to see a staff come back with a professional services agreement for this position and no less than a year and look into that evergreen clause in that contract to avoid any monkey business with the independent oversight director and start looking. And Daniel, I'm looking at you at the charter change languages that we will need for 2024 when we could potentially make this change and bring it to the voters so that

David PenalozaItem 4

they could decide what needs to be done. With that, I will, and I'm sure there's other people I want to speak, but I'll make a motion to approve the staff recommended action of having a preference, of engaging in independent oversight director through professional services agreement.

Valerie AmezcuaItem 4

Great, thank you. And I will second your motion. Councilman Vasquez.

Benjamin VazquezItem 4

I'm also for the independent public professional service agreement, but I'm gonna ask the question, how are we seeing to hire the person? Is that gonna go through staff or are we gonna send it to the commission after we appoint them? Or folks have been asking for a public opening and having the public ask questions of the...

Excellent question, Council Member. So in the ordinance, it does provide that your commission has an opportunity, shall have the opportunity to interview at least your top three, so whether that's a contractor or an employee. So there is a provision for involvement with your commissioners. Aside from that requirement in the ordinance, it really is your decision. It is you that should be engaging and interviewing the individuals. which brings up a suggestion. You may want to consider forming an ad hoc to maybe do that, to work closely with staff in the RFP process

and the evaluation of the RFP to help move the process along further and provide recommendations back to the full council. That's a way that you could go through the process. But it certainly is the decision is yours. This is an individual that works directly for you. Thank you.

Valerie AmezcuaItem 4

Councilman Vazquez, is that it? Ty had a question. Can you speak louder to your microphone?

Benjamin VazquezItem 4

I'll turn it on actually.

Valerie AmezcuaItem 4

There you go.

Benjamin VazquezItem 4

So I'm for having a commission or what did you name it?

An independent contractor, a professional services. The ad hoc committee. Oh, ad hoc, yes.

Benjamin VazquezItem 4

as we propose to push forward and have the public from the out hoc come in and be part of the interview process. And then they'll bring him for approval to the council, right?

Valerie AmezcuaItem 4

That is, yes, that is correct. I see council member Hernandez.

Valerie AmezcuaItem 4

Council member Hernandez, did you wanna speak?

Johnathan Ryan HernandezItem 4

Yes, can you hear me now?

Valerie AmezcuaItem 4

Yes, thank you.

Johnathan Ryan HernandezItem 4

Apologies, thank you, Mayor Mesquite. I share very similar comments with my colleagues, Council Member Fan and Council Member Vasquez, specifically Council Member Fan, when it comes to having a professional service agreement and for us to create clear guidelines and the terms and conditions. And it's important that we have a community be part of the implementation process for this commission. So I would like to see the public be involved. I think that when it comes to interviewing the oversight director,

Johnathan Ryan HernandezItem 4

we can form an ad hoc committee that can do that and bring forth the three best candidates. And then the public can then see that process play out through the commission. So I would say that that's my direction. I don't have any questions at this moment.

Valerie AmezcuaItem 4

Okay, let me go back to council member Becerra. Any comments?

Phil BacerraItem 4

Thank you, Madam Mayor. Questions for Madam city manager. So when we created the police oversight commission, was that a unanimous vote?

I believe it was unanimous, but we are checking for you. Do you know the answer?

Phil BacerraItem 4

I believe it was unanimous, but I just want to make sure.

While he looks that up, is there a second part?

Phil BacerraItem 4

The other question I have is, are we aware of how many other police oversight commissions in California have either been dissolved once they've been created, or have had their powers reduced or watered down since they were created?

We haven't compiled information recently, but in the beginning of this process, we provided a lot of informational reports to the Council on other jurisdictions and the form of police oversight that they did have in place.

Phil BacerraItem 4

And from that information, I just, in case it escaped my mind, I don't remember, one, anybody opposed to a police oversight commission up here. Two, I don't remember, unless there's something that has just happened more recently since staff has provided that voluminous information that there's been any major watering down or disillusion of any of these police oversight commissions. And I say that because I think there's been this expressed concern that, you know, I keep hearing like, well, if the political winds change or something changes, you have a council that's pretty darn diverse. And we all actually agree on police oversight.

Phil BacerraItem 4

And I would say even as we get into the nuts and bolts of it, I mean, I'll tell you right now. I also support the idea of the professional service agreement for the independent oversight director. From the discussions my colleagues have had with staff as far as when it comes to what we can do with the charter that we have today and what we can legally do and what makes the most sense, I concur with all my colleagues. So I just, you know, as I hear people, you know, come and comment and they submit their comments to us, there is a consistent desire to have police oversight in Santa Ana. And so I would just want to assure folks that,

Phil BacerraItem 4

you know, this idea of wins, you know, political wins changing, you know, the beautiful thing about our democracy is we up here on the dais are a product of what you voted for, who you wanted up here to represent you in this representative democracy. And you have seven of us up here that are saying we support police oversight. So I just hope that as we continue forward with this process it's not about a matter of oh my gosh what do we do because you know somebody's gonna come in and try to wipe it all out there isn't precedent for it and it's not something that is likely to happen so I would just say let's focus

Phil BacerraItem 4

on the task at hand let's make sure that we have a commission that best serves our community that provides the best oversight of our police to make sure that they continue to be a good police force and that hopefully that they'll even improve with that. So those are my comments for now. Thank you, Madam Mayor.

Sir, I can confirm you are absolutely correct. First reading and second reading unanimous votes. Thank you for that.

Valerie AmezcuaItem 4

Mayor Projem, do you have any comments? I have a few.

Jessie LopezItem 4

Yes, I've been patiently waiting. Thank you. So first, I would be supportive of the independent oversight director, but my understanding is that that would be a temporary position, correct?

It doesn't necessarily have to be a temporary position depending on the terms of the professional services agreement that you approve.

Jessie LopezItem 4

I'm just Sonia or city manager and I asked that because I thought our ordinance stated that the commission had to hire the director.

I'm sorry if I confuse you. The ordinance has in it a provision that the commission shall interview the top three candidates and provide a recommendation to council okay thank you so I would be

Jessie LopezItem 4

fine with that so I would also be fine with the six month evergreen clause and the having some sort of clause that you know they can't be fired without cause I think that would be important not necessarily supportive of an ad hoc being created to limit the amount of people that this council every single member of this council um can interact with or ask questions of because i think again it really limits my options and i if there are 15 people in the council and the ad hoc only recommends three that means i didn't get to interact with the other folks that could be highly qualified

Jessie LopezItem 4

um in my personal opinion so those are going to be my initial comments thank you

Valerie AmezcuaItem 4

thank you so madam city manager I want to go back really quick just so I wasn't here when you guys were doing this but I I watched and thank you for updating us that everybody was in support of the police oversight on both occasions and I am as well so I am going to support the professional service agreement thank you councilman for bringing that up and those of you that have agreed with that because it's really important i agree that there should be a time and i do like that every year i'm not six months because it's six months is so short and quick um every year

Valerie AmezcuaItem 4

works for me um because you know time goes by very fast and especially in the beginning we're going to be having commissioners come on board things are going to be moving um and then the year is going to pass and everybody's like wow where'd it go and then we got to do contract all over again So I'm supportive of a year. And then the committee, the commissioners. So if I hear you correctly, Daniel, you'd like the, you'll be putting out, once you get direction tonight, you'll be putting out the applications for the commissioners to apply. Is that correct?

Yes, Mayor.

Valerie AmezcuaItem 4

If that's the direction the council gives you?

Yes, Mayor, that's correct. An application will be available on the city website and individuals can contact the city clerk's office for more information on the application process.

Valerie AmezcuaItem 4

great thank you and then city manager can i also get the previous report that you gave to the councilman mayor about the police oversight commissions in california absolutely perfect thank you so that i can read and get caught up on those and i don't know if councilman vasquez needs those as well i'm sure he'll let us know um so i'm fully in support of the professional service agreement with the one-year contract um you are correct city manager i could not agree with you more you know i'm also thinking it's going to be an attorney somebody who has expertise

Valerie AmezcuaItem 4

in the area of co-bar and um you know the laws for peace officers are very very um it's a it's truly an expertise that you need to have so that we don't end up getting sued or stepping on ourselves and then end up with a bigger problem and so and I also agree that the council should and the mayor should have the ability to interview the top three candidates so I'm going to support that as well so I believe there was a couple I think council member fan did you make a motion in the beginning um madam clerk can you clarify that because we we don't need a motion for this

It's information. You see direction. Correct.

Valerie AmezcuaItem 4

So it sounds like you have them, Madam City Manager? Do you have the clear direction?

I believe I do. If I can just summarize to make sure I have it accurately. I have full support for going with an independent oversight director that has a professional services agreement and a lot of input on the terms. So what we will do with that item is we'll return back to this council to have you approve the RFP that will have a sample agreement attached to it. And on the information regarding ad hoc or not ad hoc.

Valerie AmezcuaItem 4

I don't believe there was a majority for the ad hoc.

Johnathan Ryan HernandezItem 4

Unless I. I retract my comments on the ad hoc. I thought that there was a comment there. Just was mentioning it as reference. But we're okay without the ad hoc.

Perfect. And Mayor, I don't believe there was a majority on the ad hoc.

Valerie AmezcuaItem 4

Right. Correct. I agree with you. Okay. So then you're good with the direction from the council, ma'am.

Yes. Thank you.

Thai Viet PhanItem 4

May I ask another question?

Thai Viet PhanItem 4

So right now we're going to go out, share the applications regarding the commission. Correct?

Yes, that's correct.

Thai Viet PhanItem 4

Awesome. So everybody interested in the police oversight commission, please apply. and with that while that is pending we will also be developing the RFP which then the council will approve and in the meantime this whole council can interview a number of individuals who may qualify then seat the Commission who will then review the top three candidates for example I just don't want to delay anything you know while we're going through that process you're

correct we envision when we found the provision about the Commission interviewing three shall interview three we said we have to do it concurrently so we keep both

Thai Viet PhanItem 4

things moving perfect um and the only other nope i think that's it thank you

Valerie AmezcuaItem 4

madam city manager just for clarification purposes i don't want to make sure i got it correct from watching the city council meetings previously um there could be one retired law enforcement officer um but there must be a five-year time he he or she must have been retired for five years is that correct you are correct perfect okay that's all the questions councilman um penalosa did you have a question call me no madam mayor that's it all right perfect if nobody else has any comments we can go to we're going to end the business calendar and go to public hearings

Valerie AmezcuaItem 4

before hearing the public hearing item 30 madam clerk please provide instructions to the public who would like to make a comment on this public hearing item only members of the public joining

us by way of zoom or conference call and would like to make a comment for only public hearing item number 30 please style star 9 from your phone or select raise hand from zoom now

madam clerk are there no comments um we do have comments madam mayor but did you want me to read the public hearing sure this is a public hearing to consider an ordinance to disestablish the the Downtown Santa Ana Business Improvement District.

Is there a presentation?

Honorable Mayor and Councilor, we do have a brief presentation if you would like one. This is just the next step in the process that was previously approved by this Council in disestablishing the Downtown Santa Ana Business Improvement District.

Valerie AmezcuaItem 4

Can we hear from the public comments first? That way they can, they probably have been waiting and then you can do your presentation. okay great thank you

madam mayor will you please open the public hearing

Valerie AmezcuaItem 4

at this time i'm going to open the public hearing for members of the public that would like to provide their comments in person and or virtually

jeanette sanchez if you can please come to the microphone

Thank you. Hello on behalf of Latino Merchant Group in downtown Santa Ana. I would like to congratulate our new mayor and council member. Last year construction and financial hardship brought us all together and that was our eye opening time to realize not only the bid has not worked for us, but all those years we were paying to be neglected, ignored, abused and cheated the bid was working only for special interest investors and against us the actual merchants we reached out to our neighbors and thanked the city commissioners and the majority of City Council and previous mayor who

understood our frustration and reasoning and recommended to and voted to kill the bit tonight we are here to make sure you bury the bid and stay vigilant that this abuse will never come back. Also it was mentioned on the past that Senator Tom Umberg was going to support our downtown with 1.2. We would like to know the status on those grants. We're still struggling. The downtown is not the same. We need support to make sure our business survive. We as the merchants involved understand the importance of working together with the city in order to build a better business environment for customers

and our community. In order to have an open conversation with you and be involved in every decision that will affect our livelihood and businesses, we introduce these people. Ms. Ana Laura Padilla, Ms. Marcela Prado, Ms. Jeanette Sanchez, Mr. Sean McConney, you can contact the group through them. We are looking forward to a more successful future and working together. Thank you.

we do have one speaker on zoom but before meeting the caller i would like to report out that we do receive one comment via email from an organization in support of disestablishing the bid zoom id victor payan please unmute your device and proceed with your comment you have three minutes to speak

Hello, Mayor and City Council. I hope you can all hear me. I am a resident of the Eastside, an arts leader, and I have worked in the downtown and with organizations in the downtown. and I am calling in to express my support for this establishment of the bid. There have been complaints for several years, from the beginning of the bid actually, and I'm really excited that the city listened to the merchants. And it's important to take the time to come up with something better to learn about new best practices, look at what they're doing in San Diego's Barrio Logan, for example, with a maintenance assessment district and MAD.

and important also because to not to listen to the scare tactics, the backroom poison, the movidas, threats, bluffs and corruption that we've seen with Downtown Inc. in the previous bid and really take this opportunity to stand up for the residents, the merchants that built downtown that are the backbone of this community and the tax base and really listen to what they need. this is a golden opportunity to create something better. I know working with this new merchant association, working with residents, we can create something better together. So just saying

support the disestablishment of the bid. It's long time coming, long overdue, and Santa Ana

deserves better. Thank you. Madam Mayor, we do not have any more speakers. All right, thank you.

Valerie AmezcuaItem 4

Okay, presentation please.

Thank you, Mayor and City Council. I will be brief. The item before the City Council, as we're pulling up the PowerPoint, follows along with the timeline back at the October 26th Community Development Commission meeting. a vote was taken by the CDC to move forward with a dissolution process on a 6-0 vote with one recusal. At the December 20th council meeting, we had to adopt a resolution of intention to disestablish.

And the reason for that was we had to wait 20 days after the December 20th, and no more than 30 days following that December 20th Council meeting would we conduct this first reading of the ordinance, this public hearing. So tonight is the first reading of the ordinance to disestablish a downtown Santa Ana business improvement district, followed by a second reading at the upcoming February 7th Council meeting. At that point, I just wanted to let you know that public notice was conducted for this public hearing.

Notices will be sent out via email to the merchants that are part of the Business Improvement District, and any remaining funds will be provided to those owners, is what we call them, of the Business Improvement District. AND IT WILL BE HANDLED AND DISBURSED IN THE SAME METHOD THAT WE USE FOR CALCULATING THOSE ASSESSMENTS TO THE MERCHANTS. THAT'S ALL WE HAVE FOR TONIGHT FOR COUNCIL CONSIDERATION

Valerie AmezcuaItem 4

DURING THIS PUBLIC HEARING. THANK YOU VERY MUCH. COMMENTS BY THE COUNCIL?

Valerie AmezcuaItem 4

COUNCIL MEMBER HERNANDEZ, ANY COMMENTS? NONE. HAPPY TO SEE THE

Johnathan Ryan HernandezItem 4

disestablishment of the downtown San Antonio business improvement district.

Valerie AmezcuaItem 4

Council member Sarah. No comments.

David PenalozaItem 4

Council member. No comments, Madam Mayor. And I'll make a motion to approve.

Thank you. Madam Mayor, can we close the public hearing?

Valerie AmezcuaItem 4

Yes, I'm so sorry. Let's close the public hearing at this time, please.

Valerie AmezcuaItem 4

Okay, back to Councilman Vasquez.

Valerie AmezcuaItem 4

no comment i second penelosa's vote great thank you there's a motion and a second

Thai Viet PhanItem 4

council member fan any comments questions no comments and questions at this time thank you

Valerie AmezcuaItem 4

mayor partad lopez no comments madam clerk it's all yours council member becerra yes

Council member Hernandez yes council member Pena Losa yes council member fan yes council member Vasquez yes mayor Potem Lopez yes mayor Emesqua yes motion passes by unanimous consent

Valerie AmezcuaItem 4

great thank you before hearing the public hearing for item 31 madam please provide instruction to the public we would like to make a comment on this public hearing item only members

of the public joining us by way of zoom or conference call and would like to make a comment for only public hearing item number 31 please style star 9 from your phone now or select raised hand from zoom now this is a public hearing to adopt a resolution authorizing the condemnation of the entire real property located at 2245 South Holiday Street, owned by Kenneth Steele and Ann Steele, husband and wife, as joint tenants declaring the public necessity and interest thereof.

Valerie AmezcuaItem 4

Thank you. Madam City Manager, staff available to make presentation or answer any questions.

Yes, Honorable Mayor. Nabil, from our Public Works Director, has a brief presentation on this property acquisition item. Great. Thank you.

We're attempting to load the presentation right now, Mayor.

Okay.

Valerie AmezcuaItem 4

If it's going to take a few minutes, I'll go to the open the public area for members of the public that like to provide their comments

in person or virtually. We do have one speaker Kenneth Steele. Go ahead.

Good evening. My name is Kenneth Steele. I'm here representing myself and my wife, Anna Steele, also my business entity, World Properties LP, California Limited Partnership. I wanted to raise my objection to the taking of the property

it's not really an objection to the idea that the street needs to be widened because I agree with that and it's not really an idea, an objection that would prevent them from taking the property for the purpose of the street widening it's just that there's a 20 foot piece of the property across the rear that's encumbered by a lease and I want to have the city take all but that rear 20 feet

it would be firstly I object to the city to take the full above reference property as opposed to a parcel acquisition which we would support is it support for in just compensation based on the city street widening development plans it does not appear that the rear 20 feet of the lot are required or planned to be used for the project on the rear 20 feet and across the full width of a lot there is an existing lease agreement or world properties for the duration of 99 years with more than 90 years remaining a partial acquisition would be better option as it would not disturb my existing lease agreement that is

recorded on the title of the property if a full acquisition of the property is preferred then I'm just requesting to be compensated for the value of that lease Secondly, the City of Santa Ana has caused us to suffer a loss of $82,500 in rental income for the last 25 months due to the fact that in December 2020, the City paid our tenant to leave the property and relocate in preparation for the City's eminent acquisition of the property. At the time, we were informed that any loss of rent would be considered and added to the purchase

price of our property when sold to the city so we can be reimbursed for the rental loss as a result we were unable to offer the property for long-term rental and since there was an uncertainty to when the city would take over the property we were unable to rent it and it remained vacant for the last two years over two years three thirdly the city of santa ana has not provided fair compensation for the highest and best use of the property i have made an effort in good faith to negotiate

with the city's relocation company to sell the property of the city their most recent offer of 530 000 on november 1522 was less than their previous offers my last counter offer to them was in the range of $740,000, which I noticed is a similar price to what...

Thank you, Speaker. Your time is up.

The city is paying for the neighbor's property at 909 East Warner, according to your consent calendar today, item 19, for a similar property located one parcel away. See attached exhibits.

Valerie AmezcuaItem 19

Thank you, Mr. Still. Your time is up. Thank you.

Valerie AmezcuaItem 19

Madam City Manager, your presentation.

Good evening, Mayor, Mayor Pro Tem, members of the City Council. Please give me a minute to launch the presentation. Nabil Sabah, Director of Public Works Agency.

Just a quick background on the Warner Improvement project from Oak to Grand. Warner Improvement Phase 2 includes raised medians, protected bike lanes, and enhanced sidewalks for a more complete street. The project will also provide an upgraded storm drain system, landscaping, sound walls, street lights and traffic signals

14 full acquisitions and eight partial acquisitions has already been completed all partial acquisition acquisition acquisitions have been acquired and only two full acquisitions remain one of them got approved tonight through consent and this one is the final parcel that is the subject of the resolution solution located at 2245 South Halliday. Just a time frame of the project. We started the design

phase in September 2018. We started the right-of-way acquisitions in the fall of 2019. And now we are ready to go to construction in the september of 2023 coming up this picture depicts the location of the 2245 south holiday street location and this overview map points to the resolution of necessity of the parcel that we are the subject of tonight's presentation and public hearing

a warmer warmer improvement a project to give you a status of what has taken place so far we offer the package submitted on july 22nd 2019 for 465 000 for the property the owner counter offer with additional demands on September 2021 for a total of $975,000. The counteroffer was rejected by the city because it was not supported by documentations. The city updated the appraisal

on November 2021 for $635,000. The owner requested a partial acquisitions to keep the northly northly 20 foot the city rejected that offer code enforcement violation is associated with the parcel or the location which some enforcement were issued on march 2022 negotiations continued from march to november 2022 the city updated the appraisal and offered a package on November 2022 for a value of $530,000. The need to proceed is now,

we need to proceed now to meet the funding deadline in an acquisition of this property. The staff will continue to negotiate in good faith to come to an amicable resolution of this issue.

Here to open it for any questions.

Valerie AmezcuaItem 19

Any council members have any comments or questions? Councilman Hernandez?

Johnathan Ryan HernandezItem 19

None at the moment. Thank you. Councilman Becerra?

Phil BacerraItem 19

Thank you, Madam Mayor. So I have a couple of comments and questions. So you said November 15, 2022, a good faith offer was made in the amount of $530,000, correct?

Yes, correct.

Phil BacerraItem 19

Today, and I get it, you know, home prices are going up pretty significantly. But just poking around on Zillow and Redfin, I saw the value of that property in the $600,000. So I'm kind of astounded that in the staff report we say that we've got funds in the amount of $530,000 that are budgeted and available for property acquisition for this project in this fiscal year. How are we going to negotiate if we're already at our ceiling? We're at $530,000. We've offered $530,000 in the November letter.

The project funding can and will be able to negotiate a higher price.

Phil BacerraItem 19

We will be able to. But what you're presenting to us in the staff report sounds like we made a good faith effort but then at the same time we've only got $530,000.

Sure. The resolution necessity cannot go over the appraised value.

Phil BacerraItem 19

Appraised value. So the appraised value is $530,000?

Currently, yes.

Phil BacerraItem 19

Okay. Okay. Then also the staff report goes on to say that, let's see, however to maintain the Warner Avenue project schedule and meet the funding requirement to commence construction, staff is requesting the adoption of the resolution of necessity and initiation of condemnation proceedings. I don't mind, well, first of all, I appreciate the fact that you want to stay on schedule, right? And if you go under budget, that's even better. My concern though is that you're coming to us saying you got to hurry up and approve this or else or else we staff are going to be off Schedule that's not our problem

Phil BacerraItem 19

That this this whole item probably should have come to us maybe a month or two ago So my question I hate to ask this out loud But why is this only coming to us now and not sooner? And I and I know that you were negotiating with the property owner But I just I hate when we get these items because we've all seen these items come before us where they say you've got to hurry up and approve this or else. Well, no, I don't have to.

Well, this is a step that with a resolution of necessity will allow us to negotiate in good faith with the property owner, and that is a key step for us to press on the negotiation and accelerate the schedule.

Phil BacerraItem 19

No, and Director Saba, I understand that, and I see that in the report. I guess what I'm trying to say is that I don't like that we're being told through the staff report that if we don't do this tonight, then apparently we're going to be off schedule. And it sounds like it's the council's fault that if we don't approve this resolution necessity tonight and initiate the condemnation proceedings, I know that you can do simultaneous. I know that you could initiate these proceedings and continue to negotiate. Sorry, I think we're done. Thank you. You can sit down. We're not doing the Q&A.

I'm just willing to take the same amount. You just gave my neighbor two doors down.

Phil BacerraItem 19

Thank you.

Valerie AmezcuaItem 19

I can't see him. Sir, you need to go back to your seat, please.

Phil BacerraItem 19

You need to go back to the audience. No, thank you. So, again, Director Salva, I guess, again, my frustration, I'll end it at this, I just don't like these items coming to us, and it sounds like if we don't do something, then we, the council, have messed up here. And the reality is this should have been given to us with enough time that if there needs to be a pivot or there needs to be more time taken, we're afforded that. But with this item, the way it was worded in the staff report tonight, this wasn't afforded to us. And so that frustrates me in and of itself.

Phil BacerraItem 19

My only question, and this is for staff, not for you, for staff, there are no tenants on the site right now, correct?

There is no tenants on the site right now.

Phil BacerraItem 19

So there's no need to relocate anybody at this point. So this would be purely for offering the property owner, whoever that is, because from what I understand, the staff report, that in itself needs to be confirmed. But that once something is confirmed and agreed upon, it is only for the value of the property, not for any additional costs.

That's correct.

Phil BacerraItem 19

Okay. Thank you.

Valerie AmezcuaItem 19

Thank you. Council Member Sam?

Thai Viet PhanItem 19

Thank you. Nabil, Director Saba, will you please clarify, you know, the property owner mentioned that they had a higher quote estimate. Was that done via a professional appraisal?

Yes.

Thai Viet PhanItem 19

So they had a professional, well sorry, the city used a professional appraiser so they also had a professional appraisal that disagreed.

The property got appraised twice, I believe. By the city? or by the property owner? One by the city and one by the property owner. Okay. And so,

Thai Viet PhanItem 19

because what I'm seeing is initially we did offer a higher price. That's correct. When the market was hot, right? That's correct. And what we do know at this time is the market is going down. It's gone down from the height of the buying craze in 2021, I think. And so, I mean, that's unfortunate because of the delay resulting from negotiations and the disagreement on this original offer. My other question is regarding the request by the property owner to do a partial take. Will you please kind of explain

Thai Viet PhanItem 19

why the partial take would not work in this case?

Give me one second, please.

I believe that the partial take would not work in this situation because of how the property is situated around the corner and the leftover parcel. And if we don't, well, yeah, the staff decided or our engineers that a full take in this property is appropriate in addition to what we have done in the past for neighboring properties next to that one.

Valerie AmezcuaItem 19

and council member family do you mind if i interject here um director sabat nabil can you put the slide back up showing the street please

Valerie AmezcuaItem 19

thank you daniel can you put that slide back up council member found i think that's what you're asking about i want so he can we can look at the

Thai Viet PhanItem 19

slide yeah so I think that's exhibit one attached to item 31 it does show that the properties west as well as east of this current property are were full takes for the full length of the property and so the property owner mentioned this lease so I just want to know you know just so that staff can explain to us why that it's not appropriate I would like to request Rudy

ROSA IS OUR CITY ENGINEER TO EXPLAIN WHY A FULL TAKE WOULD BE WOULD MAKE MORE SENSE IN THIS CASE.

Thai Viet PhanItem 19

THANK YOU.

HI. GOOD EVENING. PERFECT.

HI. GOOD EVENING, MAYOR AND COUNCIL.

Valerie AmezcuaItem 19

I'M SORRY. I CAN'T HEAR YOU.

I THINK WE'RE, THERE WE GO. THERE WE GO. GOOD EVENING, MAYOR AND COUNCIL. So to answer the two outstanding questions, one is the full take is needed not just for the expansion of the street and where the new sidewalks and curve and gutter and all that's going to be, but also as part of this project and what's envisioned with the leftover slivers of land, as we might have experienced on Bristol and some of these other widenings, is here on Warner there's a planned trail and walkway to come after the street widening to kind of tie into the Delhi Park so so there's a plan to use

the sliver outside of what the street right away will be for beneficial uses for for trail park forthcoming to what we understand the property owner is requesting that 20 feet for is for the communications lease that as he explained it he has a communications company to which he has leased back to himself 20 feet of space back there for purposes that we're not fully sure I can only

endeavor to guess what that communications portion back there he's intended use for, but we would recommend the full right-of-way take as we have with the adjacent

Thai Viet PhanItem 19

properties. Thank you. And then, you know, regarding the tenant that used to be on here, you know, I'm glad you paid for, we paid for relocation of the tenant as we should. it, was there anything, maybe this is for Madam City Attorney, after the city paid the tenant to relocate, was there anything legally preventing the property owner from renting out their property to new tenants on a month to month basis?

Sonia R. CarvalhoItem 19

Yes, Council Member, I have Mr. Fung answer that question. He's been assisting public works with the acquisition process.

Councilmember Phan, in response to your question, oftentimes the city and a property owner like this will enter an agreement called a loss of rents agreement to guarantee that the property owner does not rent out the property again during the dependency of the acquisition. Here, my understanding is that there was no loss of rents agreement entered into by the city and the property owner, so there wouldn't have been anything legally preventing the property owner from renting out the property again.

Thai Viet PhanItem 19

Okay, so no loss of rent agreement.

My understanding is no, but certainly staff can confirm that, but I do not believe there was any loss of rents agreement entered into in this case.

There was no loss of rent agreement or after he was able to rent if he needed to rent it, but that was not intended.

Thai Viet PhanItem 19

Got it. So just, I know we had a lot of explanation. The answer is legally no. THE PROPERTY OWNER HAD NO NOTHING LEGALLY PREVENTING THEM FROM RENTING OUT TO NEW TENANTS ON A MONTH-TO-MONTH BASIS.

THAT'S CORRECT.

Thai Viet PhanItem 19

THANK YOU.

Thai Viet PhanItem 19

OKAY. I THINK THAT'S ALL MY CLARIFICATION QUESTIONS FOR NOW. THANK YOU. COUNCIL MEMBER PENALOSA.

David PenalozaItem 19

NO COMMENTS. THANK YOU, MADAM MAYOR.

Valerie AmezcuaItem 19

REALLY QUICK BEFORE I MOVE ON I NEED TO CLOSE PUBLIC HEARING AT THIS TIME. Thank you Madam Kirk for reminding me. Council Member Vasquez any questions?

Benjamin VazquezItem 19

Yeah I'm just concerned of the last appraisal. The last appraisal was it appraised on the condition of the building because if he's not fixing it up and it was we did have a code enforcement violation there was no need for him if it was gonna be bought by the city there was no need for him to fix up the property so i want to make sure we have something fair if if the

appraisal is based on the condition that they went into last sure the last appraisal was based on declining residential market and based on what is permitted on site which is two bedrooms and two bathrooms again we are open to negotiation with him on just compensation but this is the value that we think the property is at right now but again we're open for negotiation and appraisal

of the property again before we reach a resolution to this that was it that's it councilman vazquez

Valerie AmezcuaItem 19

yeah that was it okay great I have a question um Nabil thank you and thank you Mr. Vassas Councilmember Vassas for asking that question so um Zillow Redfin as Councilmember um Sarah was talking about however um I look at property pretty regularly and so in Santa Ana similar two-bedroom two-bathroom you can find them for six hundred thousand dollars I mean I find it very difficult to find homes two-bedroom two-bathroom or even two-bedroom one bathroom

Valerie AmezcuaItem 19

for under six hundred thousand so um you have said multiple times you're still in negotiation and I'm hoping that we can come to a better resolution than the 530 um because that property could probably sell even though it's probably I don't know what kind of condition it is it's probably not um up to code but it could sell um for probably about six hundred thousand dollars um so I'm sure you'll let us know what you end up doing um so you're going to do enhanced sidewalks that area protected bike lanes a couple other can you go back to the slide where you were

Valerie AmezcuaItem 19

talking about what you're going to do in that area please give me one second please actually I have it here it says uh Parkways raised medium landscaping storm drains protected by the sound wall street lights traffic signals so when you say enhanced sidewalks what

does that mean so the community understands that Enhanced sidewalk is a sidewalk that has it's a wider than a normal sidewalk would be with a buffer and green area that is a button against the sidewalk. We have a design plans that we can share with you.

Valerie AmezcuaItem 19

If you could, please, I want to make sure that they're also ADA compliant. You know, we need to make sure that wheelchairs can get through sidewalks comfortably. So we don't have to go out and measure them that you'll be looking into that and ensuring that that is in place. um you don't plan on putting any of those bulbs that you have on main street on that street do you not not in this situation so all along that area there is no plan for the bulbs um that are on main street no okay and when you say protected bike lanes what does that mean for the community

me a protected bike lane is a dedicated uh lane for bikes that is uh typically be protected by a curb or some type of a concrete structure that separates the traffic from the pedest the bikes

Valerie AmezcuaItem 19

so and i'm glad you brought that up i just want to make a comment with all of the rain that we've had we have other areas in our city that have protected bike lanes exactly the way you're describing them and they were completely full of water and i i don't know how anybody even though people did they still had to go to work and some of them were riding their bikes um in the rain um i want to make sure that when i am driving around the city or anybody is really that we don't see them flooded with those protected bike lanes so i'm hoping that we will not see that when you do this type of construction.

In particular, this project has a storm drain upgrade design included in it. And the hope is those type of floodings during a storm will be reduced. Okay, perfect.

Valerie AmezcuaItem 19

Okay, are there any other comments?

Phil BacerraItem 19

Madam Mayor? Yes. Thank you. I wanted to thank Councilmember Vasquez for his comment on the condition of the property and looking at it, I can see why our appraiser might have offered a little less than six. I get it now after having seen that. With that being said, I would like to go ahead and make a motion that we adopt the resolution authorizing the condemnation of the entire real property located at 2245 South Halliday, declaring the public necessity and interest thereof.

Valerie AmezcuaItem 19

Is there a second? Second.

Valerie AmezcuaItem 19

I THINK IT WAS BETWEEN AND COUNCIL MEMBER FAN THERE.

ALL RIGHT.

Valerie AmezcuaItem 19

ROLL CALL PLEASE.

COUNCIL MEMBER BECERA.

Valerie AmezcuaItem 19

YES.

COUNCIL MEMBER HERNANDEZ.

COUNCIL MEMBER HERNANDEZ.

Johnathan Ryan HernandezItem 19

YES. CAN YOU HEAR ME NOW?

YES.

Johnathan Ryan HernandezItem 19

YES.

Council member Pinalosa? Yes. Council member Phan? Yes. Council member Vasquez? Yes. Mayor Pro Tem Lopez? Absent. Mayor Mesquah? Yes. Motion passes 6-0 with Mayor Pro Tem Lopez absent. Great thank you.

Valerie AmezcuaItem 19

Next slide and before hearing the public hearing item number 32, Madam Kirk please provide instructions to the public who would like to make a comment on this public hearing item only members of the

public joining us by way of zoom or conference call and would like to make a comment for only public hearing item number 32 please dial star 9 from your phone or select raise hand from zoom now

this is a public hearing to adopt the resolution vacating a portion of edendale court behind 1222 and 1226 Southbridge Street, Abandonment 22-01. And we do not have any speakers.

Valerie AmezcuaItem 19

Thank you. City managers or staff ready to make the presentation or answer any questions. If the council has any questions or comments.

Yes, honorable mayor, we can do both. We can do a presentation, we can answer questions or whatever you would like.

Valerie AmezcuaItem 19

Let's see if any of the council members have any questions or comments.

Valerie AmezcuaItem 19

Council member Hernandez?

Johnathan Ryan HernandezItem 19

No, not the moment.

Phil BacerraItem 19

Thank you. Council member Becerra? At the appropriate moment, I'm ready to make a motion to approve. Go ahead.

David PenalozaItem 19

And I'll second.

Madam Mayor, can we open and close the public hearing?

Valerie AmezcuaItem 19

Yes, I'd like to open the public hearing for members of the public, and then I'd like to close it at this time because there's no public comments.

Phil BacerraItem 32

With that, Madam Mayor, I'll go ahead and make a motion that we move the item.

David PenalozaItem 32

I'll second.

Valerie AmezcuaItem 32

No comments from any council members.

Council member Becerra?

Phil BacerraItem 32

Yes.

Council member Hernandez?

Phil BacerraItem 32

Yes.

Council member Fianne-Losa?

Phil BacerraItem 32

Yes.

Council member Fan? Yes. Council member Vasquez?

Benjamin VazquezItem 32

Yes.

Mayor Potem is absent. Mayor Mesquah? Yes. Motion passes 6-0 with Mayor Potem absent.

Valerie AmezcuaItem 32

Great, thank you. Before hearing the public hearing item number 33, Madam Clerk, please provide instructions to the public who'd like to make a comment on this public hearing item only.

Members of the public joining us by way of Zoom or conference call and would like to make a comment for only public hearing item number 33. Please dial star nine from your phone or select raise hand from Zoom now. This is a public hearing for the Zoning Ordinance Amendment Number 2022-03, updates to various sections of Chapter 41, zoning of the Santa Ana Municipal Code related to family daycare, regional plan, signed program regulations, massage establishments, medical offices operated in professional zones, retail uses in industrial zones, trash bins, enclosures, urban lot split,

and two-unit development standards, various use definitions, regulations of noxious uses, regulations of electric fences, synthetic turf, and clarifications to permitting standards for light processing facilities. And we did receive one comment via email that provided suggested revisions to the proposed languages. And Madam Mayor we do not have

Valerie AmezcuaItem 33

any speakers. Great thank you at this time the public hearing is now closed. Do Do we have any council members, any questions or comments? I would like to see the presentation. If not, we can move forward.

Phil BacerraItem 33

Madam Mayor, I have questions. Is it really necessary staff if we do the presentation? Okay. If everybody's okay with not seeing a presentation, I'd like to just go ahead and jump into a couple of questions.

Phil BacerraItem 33

So Madam City Manager, Director Tai. So in your proposed ordinance in Section 8, staff proposes amending SAMC Section 41-100 regarding the definition of landscape to include synthetic turf. Would the entire required landscape area be allowed to be synthetic turf if this proposed amendment was allowed?

It would allow for the use of turf in appropriate areas in the required landscape area. that could include a higher percentage of turf, but there will still be a requirement for live and natural material to be a part of that turf. So the ground cover could be turf, but what we would need to look at is trees, shrubs, and other considerations.

Phil BacerraItem 33

So just for my own understanding and for my colleagues, so where would that threshold be stated? In other words, I've got a front yard, right? It was just very simple, a rectangle front yard. So what percentage of that would be the synthetic turf ground cover versus live foliage?

So as with the current regulations, the whole front yard could be landscaped for ground cover with turf.

Phil BacerraItem 33

Okay.

Turf now could include synthetic turf. In addition to turf, there are additional requirements relating to shrubs, trees, and other live plant material beside the ground cover. So that will be the portion that we're not exempting through this process. only the turf coverage.

Phil BacerraItem 33

And the percentage of the turf versus?

It could go up to 100% of the ground cover. But it doesn't mean it's 100% of the area because it will be filled with other plant materials.

Phil BacerraItem 33

So what I'm saying, so of that, again, using that rectangle, so how much of, what's our current requirement for minimum non-turf, non-?

I think it's 50%, but this could go up to 100%. It could do what? It could go up to all of the front yard, but it needs to include other planting materials.

Phil BacerraItem 33

That's what I mean. So in other words, what I'm trying to establish is that that whole rectangle in the front yard isn't just going to be wiped out all the trees, wiped out all the foliage, and it's just going to be astroturf. It's not going to look like the Houston Astrodome.

Benjamin VazquezItem 33

No. No.

Phil BacerraItem 33

Okay, perfect. Thank you. That's where I was trying to arrive at there. So in Section 11 of the proposed ordinance, I want to remove the phrase as modified from time to time. I know you're referencing state law, and I know we know there are folks that are very busy up north and they get tend to like to modify things, but I think that if it's something that is a significant enough amendment from our friends in Sacramento, I'd like us to consider it before we just say it's okay and rubber stamp it.

Phil BacerraItem 33

Let's see. In Section 35 of the proposed ordinance, you know, signage is a very sensitive issue. And I know that when we went through the process of creating the regional plan signed programs, there was definitely a lot of discussion on that. As much as I have faith in you, Director Tai, I don't like the idea of just saying that any facility determined by the director could qualify for this under the definition for regional institution. So I'd like to go ahead and strike out after the words or any other facility determined. Just strike that completely.

Phil BacerraItem 33

completely, so let's just keep it to what you've already, I think, done a good job laying out in that definition. And then regarding massage at this point, so in your definition for chair massage service, one thing I just wanted to confirm, I think from what you've put in the ordinance it's clear but I just want to confirm it. So when we talk about these facilities, right, now in this particular definition, this is one where the customer's clothing is all, you know, remains on, nothing comes off. But I just want to make sure, though, that these particular services are not done in

Phil BacerraItem 33

an enclosed room. Like, there's no way to take this and say, well, you know, there's a communal public space, but you can go into private rooms.

The, under the definition for chair massage services, I believe that's what you're referring to, it means that or defines what chair massage is. So if they don't meet the requirements and the definition of serving fully clothed clients in public or semi-public areas, then it doesn't qualify as chair massage business.

Phil BacerraItem 33

Perfect. Thank you. And my last thing in regards to these, so in regards to the massage establishments just in general, I would like to see at some point down the road, in fact, I love the fact that we are going to require conditional use permits because as some of these pop up, especially down on the south end of town, I receive calls and emails about them being established. And they wonder why they haven't had a chance, they, my constituents, haven't had a chance to weigh in on them. And so I think the conditional use permit process is very appropriate because

Phil BacerraItem 33

it gives them a chance to make their case to the community. But what I would like to see, and I know we probably can't do it tonight based on what you've presented to us, are there any plans to come back to us with subsequent ordinance to, I guess, provide further standards for these establishments? And what I really want to zero in on are more like separation buffers. In other words, some of these businesses, when you're talking about ancillary, like they're in a hotel, that's one thing. But when they're a standalone massage establishment, I feel like other uses we have in our code, there should be some sort of separation buffer

Phil BacerraItem 33

from sensitive uses and from other establishments.

Thank you, Councilmember. So tonight's action will enable us to have an immediate mechanism to at least start regulating these land uses through a conditional use permit process. It is staff's intent that at the conclusion of this process, we will bring back to the Council a robust and comprehensive update to our massage regulations. That could include elements that you inquire about relating distance separation requirements, things like that. But today we're just asking for the ability to do a condition to use permit. In order to add the additional requirements, we need to really complete a full analysis

and come up with the backup findings to justify what we're proposing and support it.

Phil BacerraItem 33

And I appreciate you saying that. I don't think that's something that the council should have to try to create from the dais. I think we would really like to have your assistance in putting something together. So rough timeline, very rough timeline. How far out do you think that will be before we see a draft of something like that come back to us?

Our plan was to, we already started on some of the work already. Our goal is to get it sometime in this fiscal year, if not earlier, by mid-fiscal year.

Phil BacerraItem 33

Okay, perfect. You and your staff did a great job on this. I really appreciate it. And I mean, there was, I think I shared with you earlier, there's quite a bit of material in here to go over. But I think that, you know, you did a great job of presenting it in a succinct matter. And I really appreciate what you've done. And Madam Mayor, when the time comes, I'd like to move the item with the amendments that I discussed in my comments.

Thai Viet PhanItem 33

»» Perfect. Thank you. Council Member Fan. »» Thank you. I just had one clarification question. With the electric fencing, this is not related at all to the City's ability to use electric fencing as needed, correct?

»» That is correct. This is on private properties.

Thai Viet PhanItem 33

»» Right. Because I know that there was some discussion about our water facilities, our City Yard. There's been a lot of issues. and if there needs to be council action, let us know to bring that back because those are taxpayer dollars that we're trying to protect and it's costing us a lot of money. But otherwise, thank you.

Valerie AmezcuaItem 33

Council Member Panolosa?

David PenalozaItem 33

No comments, Mayor. Thank you.

Valerie AmezcuaItem 33

Council Member Vasquez?

Valerie AmezcuaItem 33

Council Member Vasquez? No comments. Mayor Pro Town Lopez? No comment. Great, thank you. I have no comment.

Mayor, I'm sorry to interrupt, but before you request for motion, I want to acknowledge that we did receive a public comment that came in today from Mr. Del Helvick. We did review the comments and we found that the suggestion made some sense and we are making some clarifications. Those clarifications have been delivered to the City Clerk as well as on the dais for your review. As part of your adoption tonight, we would recommend that you include those clarifications that we provided you as part of the motion as well as any modification that were made tonight by the council members.

Valerie AmezcuaItem 33

So I'm not there, so I did not see them. Did you, you left them on the dais with everybody?

I apologize. Yes, that's correct. But we will email it to you ASAP.

Valerie AmezcuaItem 33

Okay. As long as everybody has them there and read that there's no questions. Okay, perfect. Is there a motion?

Phil BacerraItem 33

Madam Mayor. I'll go ahead and move the item with the items that Mr. Helwig presented to us and then my amendment to, let's see, what would that be? Section 35 of the proposed ordinance regarding the definition of a regional institution to remove everything after the words or any, or from, I'm sorry, the words or any other facility on to the end of that sentence. That's my motion.

Also from time to time.

Phil BacerraItem 33

Oh, I'm sorry, as well. Correct. And then also in section 11, removing the phrase as modified from time to time. So with those two amendments plus the amendments that Director Tai brought up, relate to Mr.

Valerie AmezcuaItem 33

Helvick's letter. I'll second. Thank you. Madam Kirk, you're under a roll call, please. Council Member Becerra? Yes.

Council Member Hernandez? Yes. Council Member Penelosa? Yes. Council member Phan? Yes. Council member Vasquez? Yes. Mayor Potem Lopez? Yes. Mayor Emesqua? Yes.

Valerie AmezcuaItem 33

Motion passes by unanimous consent. Okay thank you. At this time we're going to end the public hearing. We're now recessing the regular open session meeting convening to the special successor agency meeting. I hereby call the special successor agency meeting to order. Madam Kirk you want to I'm going to conduct a roll call.

Council member Becerra?

Valerie AmezcuaItem 33

Here.

Council member Hernandez?