Read the September 19 meeting.

Donna Philippe, Philippe, Philippe,

Thank you.

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Valerie Amezcua

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guitar solo

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guitar solo

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Recording in progress.

Thank you.

Jennifer L. Hall

Madam Clerk, please start the meeting.

Valerie Amezcua

Yes, Mayor, please go ahead.

Jennifer L. Hall

I hereby call the Santa Ana Council 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 the roll call.

Valerie Amezcua

Thank you, Mayor. Council Member Becerra? Council Member Hernandez?

Here.

Valerie Amezcua

Council Member Penaloza?

Present.

Valerie Amezcua

Council Member Fan? Here. Council Member Vasquez?

Present.

Valerie Amezcua

Mayor Pro Tem Lopez? Mayor Mesquah? Present. The record show five members present for the meeting.

Jennifer L. Hall

Thank you.

Valerie Amezcua

Madam Clerk, are there any additions or deletions to the closed session agenda?

Jennifer L. Hall

Not for my knowledge. City Attorney? No, there are none ma'am. Do any council members need to announce their

Thai Viet Phan

abstentions on closed session items? Thank you Madam Mayor. I will be abstaining from item 1B as Share Ourselves Corporation is a client of my employer, Rattan and Tucker. So out of an abundance of caution, I will not be in the room while this item is discussed. Thank you. Thank

Jennifer L. Hall

you so much. Madam Clerk, do we have any speakers for closed session items? We do not.

Jennifer L. Hall

At this time, we'll now recess this portion of the meeting to consider the items on the closed session agenda. Thank you.

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Learn by Learn Learn Learn Learn

Did you see that by the times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times

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I'm going to go.

Did you see that by the times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times

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Take care.

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Did you see that by the times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times by times

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Let's go.

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Jennifer L. Hall

Mayor, go ahead.

Jennifer L. Hall

Thank you. Good evening, everybody. I hereby reconvene the Santa Ana City Council 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. All right, please bear with us as the technology may disrupt the flow of the meeting. Madam Clerk, please conduct the roll call.

Valerie Amezcua

Thank you, Mayor. Councilmember Becerra?

David Penaloza

Here.

Valerie Amezcua

Councilmember Hernandez?

David Penaloza

Here.

Valerie Amezcua

Councilmember Penaloza?

David Penaloza

Present.

Valerie Amezcua

Councilmember Fan? Here. Councilmember Vasquez?

Benjamin Vazquez

Present.

Valerie Amezcua

Mayor Pro Tem Lopez? Here. Mayor Mesqua? Present.

Jennifer L. Hall

The records show all seven members present. Thank you. This time before we proceed to the Pledge of Allegiance, Madam Clerk can you make an announcement please?

Valerie Amezcua

Yes, thank you Mayor. For members of the public who may be joining our meeting today on Zoom or teleconference, to request to speak during public comments on agenda or non-agenda items within the city's jurisdiction, you must dial star 9 or select raise hand from Zoom now in order to be called and be in the speaker queue when public comments commence. Thank you.

Jennifer L. Hall

Thank you. The first item on the agenda is the Pledge of Allegiance to be led tonight by the Sunburst Youth Challenge Academy participants. Please come forward. Thank you.

Will everybody please put the right hand over your heart?

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

Jennifer L. Hall

Thank you, sir. Can you state your name, please, before you walk away?

Cadet Navarro.

Jennifer L. Hall

I'm sorry?

Cadet Navarro.

Jennifer L. Hall

Cadet Navarro, thank you very much.

Jennifer L. Hall

Words of inspiration will be provided by Cadet Halstern from the Sunburst U Challenge Academy. Cadet Halstern, please come to the podium.

Thank you for having me. Good evening ladies and gentlemen. My name is Cadet Halstern. I'm 16 years old and I currently attend Sunburst Youth Academy. Before attending Sunburst, I was attending Sagittarius High School here in Santa Ana where I was born and raised. Every day at Sunburst, we say the quote of the day and the purpose of that is to motivate and inspire us cadets. A quote that really stuck with me goes like this, though no one can go back and make a brand new start, anyone can start from now and make a brand new ending. This quote really stuck with me because I know I can't go back and change my past, but

but I decided to start now and make a new ending. I really hope this inspired you as well. Thank you guys for listening. Thank you very much, it was beautiful.

Jennifer L. Hall

Thank you. Madam Clerk, are there any additions or deletions to the City Council agenda? There are none. Thank you.

Jennifer L. Hall

First presentation tonight will be my presentation. Well, it's actually in the city council here, but I'll be giving it to the Sawaios City Council and their mayor. Please join me up here. Presidente Manuel, Dr. Manuel Gavez-Sanchez, please.

Thank you.

Jennifer L. HallItem 2

Thank you all for joining us tonight.

Jennifer L. HallItem 2

The Santa Ana City Council approved a sister city resolution with Ceballo Michoacán, Mexico, on October 4, 2022. Under the resolution, the City of Santa Ana seeks to establish, promote and encourage friendship, goodwill, and charity, and promote educational, cultural, environmental, and business exchanges between the communities of Santa Ana and Saoayo. Saoayo is a beautiful city with a deep history, home to nearly 80,000 people. Like Santa Ana, it is a city of culture and art, community pride, and a strong business sector. So while it was famous for its leather work the wateraches and the hats and I got good tequila

Jennifer L. HallItem 2

not that I tried it but he tells me the mayor president of the wild dr. Manuel Gavis Sanchez came to Santa Ana for a ceremonial signing of the sister city agreement last year then in July of this year I was proud to visit so while in July to formalize the agreement and we are excited to welcome back our friends from Sohwyo for Fiesta Patrias this past weekend to give them an opportunity to learn more about our Golden City of Santa Ana. Dr. Carlos Sanchez led the community in the grito of the Mexican independence on Saturdays, so muchisimas gracias. Then the Sohwyo

Jennifer L. HallItem 2

delegation joined us in the Fiesta Patrias parade. While here they have been hosted by the City Council, San Ana Police Department, Orange County Fire Authority, NHBWA, UCI, San Ana College, the City staff at City Hall and many other local groups and restaurants. I want to take this moment, it's very important to thank the City staff and the City Manager's Office and all the staff who planned their trip. It was not easy, it was a lot of work. So can you please all stand that planned this trip? parks racks ladies city manager assistant city manager all of you that plan this out let's give them a round of applause

Jennifer L. HallItem 2

I see half in the back I see staff thank you all very much because you made their trip memorable we got a lot accomplished and we met with a lot of people so thank you now the City Council we'd like to recognize all of the delegation from so I'll present them with some departing gifts. I'd like, and I'm gonna welcome, name each one of them, and then Dr. Presidente Manuel is going to speak. So Presidente Manuel Gavez Sanchez, his wife Jimena Silvia Silva Ochoa, their children Juan Pablo, Manuel Gavez, Galvez Silva, Council Member Maria Guadalupe Sanchez,

Jennifer L. HallItem 2

Council Member Sandra Suzy, Buenuestro Sanchez, Councilmember Jesus Flores, Carla Jeanette Buenuestro Gonzalez, Director of Migrant Assistance Headquarters, Jeanette Adriana Hernandez Vega, Management and Public Relations, and where's Jordy? There he is. Communications and protocol. Let's give them a round of applause please.

Jennifer L. HallItem 2

So at this time, I'm going to present this to you. Oh, I took my glasses off. Sorry. It's in Spanish, so you can read it. But in the meantime, you can read it when you speak. But in the meantime, I have something for Manuel Galvez Silva. Oh, Bappas, I have something for you.

Can you shake my hand?

Jennifer L. HallItem 2

Let's give him a round of applause.

Jennifer L. HallItem 2

Juan Pablo Galvez Silva. Okay, this is for you, mijo. There you go. Okay. And this is for you. This is from all of us. And then...

This is really pretty.

Jennifer L. HallItem 2

So you want to take the bow off?

Jennifer L. HallItem 2

This is from the City of Santa Ana, the Santa Ana City Council, and all of us here.

Jennifer L. HallItem 2

I'm going to hold this for a minute, but you can take those and take it.

We're going to present you with two photos.

Jennifer L. HallItem 2

One photo of them in the Fiesta Patrias, and this is where they were riding in.

Jennifer L. HallItem 2

And you can put that in your office. And the other pictures of them doing the grito with the Presidente and his wife, Jimena. Thank you.

Jennifer L. HallItem 2

Finally, and if the city council would like to join me, finally I'm going to present you, and I'll wait until the council comes down here. Christine, do you want to join us?

Thank you.

Jennifer L. HallItem 2

Finally Presidente, with all the council here and the city manager and again to all the city staff, thank you and the community that made this visit and this relationship even stronger with the visit. Santa Ana Police Department was our last stop today. Thank you for all the officers and the chief that met with us. But this is a flag from the city of Santa Ana, just as you have given us a flag from Sahuayo. So, please place this in your office somewhere where people can see it because now we are family. So thank you very much.

Johnathan Ryan HernandezItem 2

and who lives by Sergio

thanks

thanks thanks thanks thanks thanks thanks thanks thanks thanks thanks thanks thanks thanks thanks thanks

thanks City Manager, a todos los Council Members que se encuentran aquí, también a quienes hicieron posible en el pasado que esta firma de hermanamiento fuera posible entre dos ciudades que tienen mucho en común, Zaguayo y Santana. Gran parte del corazón de Zaguayo vive aquí en Santana desde hace muchos años atrás y cada año estas personas regresan a Zaguayo y más zaguayenses vienen nuevamente aquí Santana. Hoy estamos escribiendo una nueva historia entre estas dos ciudades en el que este hermanamiento tengo la seguridad que va a generar cosas de mucho beneficio para ambas

ciudades, un intercambio cultural en educación, en turismo, en comercio, en deporte, en muchos proyectos que seguramente darán de mucho que hablar y que será punta de lanza para que otras ciudades también puedan lograr este hermanamiento. Yo realmente agradezco la oportunidad del día de today is to be here and we will see you in Sagwayo when you like. Thank you.

Jennifer L. HallItem 2

Thank you very much and thank you again for visiting us. We look forward to their return. Thank you. Thank you.

Thank you. Hold on.

Jennifer L. HallItem 2

Hold on one second. This is going to be good. Are you going to put it on a panel?

No.

Well, this is the sixth time we've come here to Santana, since we started with the contracts to be able to achieve this hermanamiento. And in all times we've brought some memories, some gift. In this time we've brought a Tlahuatl. these masks are the tlahualil that we use every year in July, in our patronage and this mask that we have to give here to the city of Santana is a mask that represents a homenage to all those tlahualiles that, by the covid, today they are not with us.

So it is a homenage to the tlahualiles that danced before and that today, por el COVID ya no pueden estar con nosotros. La palabra tlahuatl significa guerrero vencido en el náhuatl y bueno, en julio, en Zaguayo, ya algunos ya pudieron apreciar, son más de 3 mil danzantes en nuestras calles, avenidas por todo Zaguayo que usan estos penachos, estas máscaras. El día 16 aquí en el parade precisamente hubo una representación aproximada de 15 Tlalhualiles, y bueno, esta es una máscara que nosotros usamos este año pasado y con mucho cariño venimos a entregárselas aquí el día de hoy. Gracias.

Jennifer L. HallItem 2

We're going to have translation, Cesar.

The first comment was, thank you to the Mayor, Valeria Mezcua, and the rest of the City Council. Thank you for the opportunity to be here before you, City Manager, City Council members, and for everyone who made this possible, this sisterhood signing ceremony possible. And this will unite both of our cities, Sawayo and Santa Ana. And we've been part of Santa Ana for many years. A lot of Sawayanos are part of Santa Ana for many years. They go back to Sawayo, and many Sawayans come to Santa Ana. There's a lot of exchange there.

but now today we are creating a new story, a new history between two sisterhood cities, and we are hoping to promote education, tourism, business, sports, and many more. And we hope that this sisterhood agreement is spearheading for many more sisterhood agreements in other parts of the country. Thank you for the opportunity to be here. And the mask, this is our sixth visit to Santa Ana in the creating of the sisterhood cities and we have brought gifts now we bring this Tlahuatl mask each year as you may have seen in July

or patron Saints festivities we have the Tlahuatlis which are these masks in Santa Ana we're bringing this to Santa Ana to pay homage to the Tlahuatlis who the Tlalualiles who used to dance but are no longer with us due to COVID. They used to dance and now they are not able to. Tlalualil is a word that means defeated warrior and in our festivities we have over 3,000 people that are displaying these masks in the festivities and we were able to see these in the parade about 15 Tlalualiles that are here that were here in the parade. So

So now we're bringing this and giving it to the city of Santa Ana for you to enjoy.

Jennifer L. HallItem 2

Thank you.

Jennifer L. HallItem 2

So it is very beautiful Presidenta and thank you. And when I was there in July, he actually puts it on and he dances with it and his children put on a mask and they dance with it. And I was able to see the 3,000 people in their community come together with their mask on and dance and have a beautiful fiesta there. So if you ever get a chance, go visit Sawayo in July for the fiesta, and you'll get to see 3,000 people with their masks on, with the different colors and different areas. But it's a very beautiful fiesta. So thank you very much for the gift. We very much appreciate it.

Jennifer L. HallItem 2

I'm not sure where the city manager is going to put it, maybe outside her office, but we love it. She's going to wear it to a city council meeting. Pero muchísimas gracias para todo. Gracias. Gracias.

We're good?

Thank you.

Jennifer L. HallItem 2

All right, let's move on. The next presentation is Councilmember Fan, please. The Sunburst Youth Challenge Academy Cadets for Academic Excellence and Accomplishments. Please join us gentlemen, ladies and gentlemen.

Thai Viet PhanItem 1

All right, hi, hard to follow, but you know what? We're gonna make this work. No masks today, but lots of inspiration, as you already saw with our pledge and the words of inspiration. So today, I wanted to honor and recognize the Sunburst Youth Challenge Academy cadets. We'll just call them Sunburst. So Sunburst is a nontraditional high school that gives students who have faced significant obstacles a second chance at life. I have to be honest, I didn't know about Sunburst until this past year, and I'm so glad that I learned about them because they have been in our community for a long time.

Thai Viet PhanItem 1

So what is Sunburst? Sunburst is a five and a half month free military style residential leadership academy that helps teens in high school develop the self-confidence, discipline, life skills, and education necessary to develop a successful career and fulfill the potential. Sunburst is operated by the California National Guard in partnership with the Orange County Department of Education. Academic excellence is one of the eight core components of the academy. Students at Sunburst maintain an average GPA of 3.8, which is higher than what I had in high school,

Thai Viet PhanItem 1

while enrolled and grow an average of three levels, three grade levels in math and reading comprehension. Cadets at Sunburst not only work hard to catch up on high school credits, they also challenge their own limitations, become active members of our community, and become responsible citizens as they prepare for the future. And you know when I learned about Sunburst, Trustee Aceves Braser, Braser Aceves, invited me to tour Sunburst in Los Alamitos on the training facility, the military training facility, I was like

Thai Viet PhanItem 1

this is amazing, what is it? I happened to speak to my mom's neighbor who actually was my neighbor when I lived there. He is about 12, 15 years younger than me and I found out that he had gone to Sunburst. When he was a high school student he was bullied, he faced a lot of racism and he brought a knife to school. He is a Ward one resident who still lives in Ward 1 and Sunburst gave him the opportunity to turn his life around and Vu Huang today he graduated from Sunburst caught up on school and became a member of the US Marine Corps and that's what Sunburst

Thai Viet PhanItem 1

does for our community you know these are real stories and so please join me and welcoming Sergeant Major Gutierrez and Principal Ismael and to honor and select excuse me to honor a select few Sunburst cadets many of them with ties to Santa Ana so cadets please step forward when I call your names and we're gonna present you with a certificate of recognition I was told by a little birdie Miss Yesenia Cruz my assistant who also has a family member in Sunburst that

Thai Viet PhanItem 1

they keep it in a file for you till you get it at the end but I think that this is so warranted and we're gonna go ahead and call you out one by one so we have cadet Anguiano Alcaraz

Thai Viet PhanItem 1

cadet Canizales

Thai Viet PhanItem 1

cadet Cruz

Thai Viet PhanItem 1

Cadet Garcia.

Thai Viet PhanItem 1

Cadet Helstern.

Thai Viet PhanItem 1

Cadet Mejia.

Thai Viet PhanItem 1

Cadet Mendoza A.

Thai Viet PhanItem 1

Cadet Mendoza B, excuse me, E.

Thai Viet PhanItem 1

Cadet Navarro.

Thai Viet PhanItem 1

Cadet Salinas.

Thai Viet PhanItem 1

Cadet Silva.

Thai Viet PhanItem 1

Cadet Velasco.

Thai Viet PhanItem 1

Oh, Cadet Victoriano.

Thai Viet PhanItem 1

Cadet Mendoza.

Thai Viet PhanItem 1

And last one.

Thai Viet PhanItem 1

Cadet Venegas and Cadet Pacheco.

Thai Viet PhanItem 1

And so I heard from a little birdie also that there was a competition for the cadets to say a couple words and so I'm going to let our Sergeant Mayor say a couple words and then bring up Cadet Cruz, Cadet Garcia and Cadet Silva for their words. Thank you.

Thank you very much for having us here today. It's an honor to be here and to support this council meeting. But the one thing that I want to say is it takes a community to help these cadets continue to succeed. When you see these cadets back in the community, applaud them, give them the opportunity to show you what they're made of and what they're all about, what they learned at Sunburst. whether it's in the school system, at their first job, going to college, or joining the military. Please continue to help them be successful and send us more kids that you know will thrive in our environment. Thank you for having us.

good evening everyone thank you for having me here my name is Kimberly Silva I am 17 years old I am born and raised in Santa Ana I attended to Santa in a high school. How I heard about Sunburst was through my high school teacher, Ms. Rosie. She taught me a lot. She saw me falling apart, and she thought this program was going to benefit me from my future and to achieve my dream goals. What I learned about Sunburst was self-discipline,

self-discipline, self-respect, patience, and not tolerating those individuals. What I like about Sunburst is my graduates. My graduates give us everyday advice, quotes, and my platoon sergeant, Sergeant First Class Chang, always told us our whole platoon, misery loves company. What that quote means to us for our platoon is miserable people loves company from the outside world.

For the outside world, it's a big challenge for us to not fall apart again. The reason why we came to Sunburst was for a second chance to better ourselves.

What I'm going to do after Sunburst is go back to school, get my high school diploma, and go to college to be a social worker. Thank you for listening. Have a delightful evening.

Good evening, Madam Mayor and Council Members. Before I start, I would like to appreciate you for having us here. My name is Cadet Garcia. I'm 16 years old, and I attended Century High School. When I was going to high school, before I heard about Sunburst, I wouldn't go to school at all. And if I did, I would ditch. I would hang around with the wrong people. I would do really stuff that I'm not proud of doing. And I heard some friends tell me about it. And I wanted a change. But one day, oh, I came home to my mom crying. And she was saying that I felt you as a mother.

And that really stuck to me. And that's when I knew I wanted a change. but I knew change wasn't going to happen overnight. I needed help. That's when I heard about the program Sunburst. The first two weeks, I didn't want to be here. I wanted to go, but I remembered why I was here. It was for my mom, it was for my family, and Sunburst is really helping me out now. I've been here for three months, and I've seen change in myself, and so has my mom. And hopefully, after the five months and a half are over, I'll be better for my mom, for my family,

and for everyone who supported me and loved me and after sunburst i i'm planning on going back to my high school walking the stage and telling my friends about sunburst too that if i could change they could change also and hopefully playing college ball thank you

Good evening, Madam Mayor and council members. I just want to take the time to appreciate y'all for being here.

And this is my story. Before I came to Sunburst, I was going to a regular high school, but it wasn't the normal kind of high school that everybody would go to or at least try at. I was failing classes my entire sophomore year I failed and it was the same thing in my freshman year. One day I come home and mom is just telling me that if I keep going on this path that I keep on that I'm on right now I'm not gonna make it to my high school graduation. One day my mom comes home she tells me about this about this program called Sunburst Youth Academy. It's a five and a half month residential program

that helps kids like me and kids like the kids behind me help get a year's worth of credits in five and a half months.

But I didn't want to go. But then I realized I had to do this for my mom and for my family. So I ended up filling out the application online

and I went to the roll calls, the pre-intake and intake day, and during the first two weeks, I didn't want to be there. I hated it. I didn't want to run. I didn't want to work out. I wanted to go back home and do what I wanted to do, but I knew I couldn't do that, and I knew I had to stick it out because that's the minimum problem.

So now we're three months in, and I've learned that you're not going to get anywhere in life and you're not gonna get anywhere in life unless you try and that's what my Pistoon children always tell me. My Pistoon Sergeant, Sergeant Barrow, he always tells me you got to keep going because nobody's gonna hand stuff to you. Something that I've learned from some bears is most of all the integrity and discipline that you have to have in your life because nobody's gonna hand that to you and I just want to thank you all for being here again and I hope you have a good evening.

Thai Viet PhanItem 1

I'd like to invite our council members down to take a photo with these inspirational young adults, and then we will move on. Thank you.

Thank you.

Thank you.

David PenalozaItem 1

Congratulations all of you.

Thank you.

Jennifer L. HallItem 1

All right, next presentation is by Mayor Pro Tem Lopez in recognition to the City's Housing Division team for outstanding contributions to the community.

Jennifer L. HallItem 3

Come on people, here we go! City staff, yay! Yay!

Jennifer L. HallItem 3

I see Jensen, so they're all following.

Thank you.

Jessie LopezItem 3

Good evening, my name is Jessie Lopez, I'm your mayor pro tem and tonight we're going to be recognizing the city's housing division for all the work that you hear about and for all of the work that you don't know about. And so we want to take a moment to thank and commend the city's housing division under the leadership of executive director Michael Garcia to my left and housing division manager Judson Brown to my right.

Jessie LopezItem 3

The housing division consists of 29 loyal and hardworking staff members who work day in and day out to address the greatest needs in our city, like affordable housing, like providing services to people that are in-house, and so much more. And so I know how important the Housing Division services are to our residents. On a daily basis, we receive multiple emails, calls, text messages about homelessness, about affordable housing, families at risk of eviction, and many other housing-related matters. And the Housing Division works tirelessly to address all of these needs.

Jessie LopezItem 3

Many of them exemplary staff have dedicated up to 15, 20, and 25 years to the city of Santa Ana serving Santa Ana residents.

Jessie LopezItem 3

I would also like to share just a few of the many accomplishments that our housing division has achieved in the past couple of years. They have been, for the sixth year in a row, our Housing Authority has been certified as a high-performing housing authority agency. During the pandemic, our Housing Division stepped up and dispersed $29.5 million in emergency rental assistance to keep more than 3,000 Santa Ana families housed. And as you can see, our housing division works really hard to address some of the greatest needs in our community, as we stated earlier.

Jessie LopezItem 3

I know that there are many stories, many experiences that we are going to know about and that we're never going to know about, that our staff works hard to address on a daily basis. But I do just want to recognize the hard work that you put into the work that you do every single day, because it is not easy to find solutions to some of the issues that you've been tasked with and not just tasked with but really been delegated to solve for our community and so to me this recognition this recognition is long overdue and I really sincerely appreciate all of the work that you do on behalf of our

Jessie LopezItem 3

constituents many who come to you in an hour of despair not knowing who to call or where to go. And as I said, you've been tasked with one of the biggest responsibilities of our lifetime, which is to help people stay housed and to help them find shelter when they need it. So on behalf of all of the residents in the city of Santa Ana that you've supported, whose lives you changed, whose lives you touched, who you call and follow up and give guidance to, I want to thank you on behalf of our residents. So thank you for all the work that you do. Judson, I'm gonna call you up, or Michael, I'll call you up.

Jessie LopezItem 3

And also, I think one of you should share the story about Michael going to court and defending one of our residents, because that's incredible work that you do.

Thank you so much, Mayor Patem, for this recognition, and our mayor and city council, thank you guys so much for this recognition of our team. We have an incredibly dedicated staff and an incredibly dedicated team here. Under Michael's leadership, that story, actually our fearless leader went to court to support a family who was being evicted and it's just a small demonstration of the incredible dedication of our team, of our staff.

We address the greatest need every day in our community. When you survey any community member and they asked what are the top three needs in our community it's affordable housing and this team was the team that reduced homelessness in Santa Ana by 44 percent from 2019 to 2022 and with tireless dedicated staff many with over 25 years of service to the city and community and just want to say our staff turn the lights on in the morning and start the coffee pot. We're the

first ones here and oftentimes the last ones to leave. We are tireless. We are dedicated and thank you so much Mayor Pretem for this recognition. Thank you.

So we'd like to recognize Alice. Alice will be retiring. Alice will be retiring next

Mr. Judson Brown, Sarah Court, Rebecca Cruz, Julie Escobar,

Claudia Fernandez Shaw.

David Flores.

Alex Gomez.

Kristy Ha.

Maria Hudson.

Socorro Mesa.

Frances Nguyen, Jackie Nguyen, Jacqueline Fan, Adriana Solis Limon, Hong Tran, Brenda Vega, Michelle Vu, and Maricela you're over here.

And I want to thank my staff. They do a great job. I get to come and visit them down on the first floor and I invite you all to come and visit them as well. Thank you. Thank you.

Thank you.

Jennifer L. HallItem 3

All right, thank you to the city's housing division.

Jennifer L. HallItem 3

There's so many divisions in the city of Santa Ana, we should have one every council meeting come up and thank them for the amazing work that they do. I see your hand, Hawk. I saw it go up.

We're July.

Jennifer L. HallItem 3

Oh, you're July. That's next year then.

Jennifer L. HallItem 3

Okay. At this time, we have one staff presentation this evening. Madam City Manager, may we hear the presentation please?

Yes, Honorable Mayor, Mayor Pro Tem, and Council Members. Tonight we have a presentation on the City of Santa Ana's water treatment projects. And the individuals that will be providing the presentation include Cesar Barrera, Deputy director of water resources and we also have Chris Olson director of engineering from the Orange County Water District as well.

You're on gentlemen. Good evening Mayor of Mesqua and council members again I'm Chris Olson OCWD and thank you for having me. I'm gonna just go I hit the wrong button.

Okay.

So I'm going to go through really quickly what OCWD does, who we are, and then I'm going to get into PFAS and how it affects our groundwater. So OCWD at a glance, we were formed in 1933, and our main mission was to preserve, protect the rights of the Santa Ana water. we are an agency that has boundaries within north and south and central orange county we serve 19 retailers those are cities and and and special districts and other water districts the city santa ana is one of those 19. we are led by 10 board members and within that within that district

that we have is 2.5 million people are served groundwater and what that does why that's important is you're able to pump 85% of your needs by using your production wells and serving it to your community, which is significantly less cost than buying Metropolitan Water District water. So it's a big benefit. And the next slide I'm going to talk about is per and poly floral alkyl substances, which is PFAS. So that is the big topic that I personally have been working on over the past couple of years is how we're dealing with that. So PFAS is a wide range of

industry and consumer product chemicals that have been used for things like scotch guard stain master food wrappers firefighting foams and with all that there's been contamination that's been caused from it and so we responded to that very quickly because we knew it would have a large impact and about three four years ago we started our the nation's largest pilot program to learn and see what's the most effective treatment. Now what that's been is ion exchange resin, granular activated carbon, novel adsorbents, those are all terms and things that can remove the PFAS

out of the groundwater to non-detect levels, which is what we all want. And this is all on the heels of the state coming down in 2020, reducing those levels and saying, here's the concern for PFAS. Many wells were taken offline, dozens at that point in time, and the number keeps increasing. Just recently, this March 2023, the EPA came down and had a proposed maximum contaminant level. And the state's considering whether they're going to adopt it. And if they do, by the end of this year, most likely, it will drop that number of the concentration number much lower, which will mean more wells will be affected.

Now, where we are today, we have 61 wells that have been impacted. And there's roughly just over 200 production wells in our boundary. And that means 11 of the 19 retailers. So in order to treat those 61 wells, it takes 38 plants, treatment systems that we're constructing. As of today, we've already got 30 of those wells back online. So we're spending significant dollars. Right now, it's upwards of $285 million for treatment. And we're also covering the cost of operations and maintenance for 50% for the next 30 years. So the total package price is somewhere in the $1 billion range. Significant money. But

what it really does is, let's say you have wells that have treatment now, that cost that you're paying us to pump that water out and the O&M cost for treatment is substantially lower than if you were buying water for Metropolitan Water District. So it makes a lot of sense and it benefits everybody because we're collectively taking care of this through all those 19 retailers to pay for this all. So going forward, what we're looking at doing is continuing with monitoring of what are the next up-and-coming things that are going to help with the treatment. We are seeking

and looking for cost recovery, grants, funding opportunities. We're going through litigation right now. And all of the retailers are supporting us, and I appreciate that, and we're working with you all to deal with it we have stakeholder meetings for all of our projects to make sure that the community is involved that they understand what's happening and it's all to maintain high quality drinking water a couple of these little slides you see here the ones that look like big tanks those are the those are the treatment systems they're about they're about 16 17 feet tall 12 feet

diameter and they hold right now we're using the resin and the water goes in it removes the contaminant comes out and non detects ready to serve to your customers. The little picture on the left is our pilot program that we're doing all this work over the years to testing all the different products. So that's in a nutshell of what we're doing, and I appreciate it. I'm going to turn this over to Cesar to talk a little more in detail about what Santa Ana has going on. Thank you, Chris. Good evening, Madam Mayor, Council members, Madison Manager. Just to give you an update as far as where Santa Ana's at.

To start off, Santa Ana has award winning water. Just wanted to touch base. We not only meet, we exceed state and federal standards. In any given year, we roughly go about 15,000 samples a year throughout the water system, 24 square miles, a distribution system. We're proud to say we're running a Berkeley Springs International Water Tasting Contest since 2011, been part of it. Largest and longest running water tasting competition in the world. Our city has placed the top five best municipal water in the USA many times.

Latest being 2021, we placed silver and MWD won gold, right? So what does that mean? A local resource and our imported resource, high quality water. Where we at? Potential PFAS effects in our city right with with what chris just said mentioned about the epa coming up with mcl's first quarter of 2024 depending on the levels they set and they adopt there's going to be additional testing for our facilities in a bit i'll show you a map of the city and impacts and

it might result more wells being impacted well supply uh well supply loss to due to p fast uh It will be made up by imported water from Metropolitan Water District, right? What that means is costs, right? It shifts over to imported, which costs more.

Santa Ana, what you see here is an overall 24 square mile of the city, right? And what we're looking at is the operating wells are in blue circles. The non-detect wells have been tested and haven't found any PFAS, and circles in green. And impacted wells is critical, right? it they're in red we have a couple other items we want to talk about is the Orange County Wardship funded treatment projects and then we have a couple that are city funded so the city Santa Ana has two pressure zones we have the upper zone in a lower zone and it's broken off by the

five freeway as you can see everything on the upper zone has been impacted this has been the challenge of operations on a daily basis in how we shift that water the the majority of the wells up there they're not running except for well 40 and we'll talk about that in a bit well 30 was completed the treatment construction was completed at a cost of 5.5 million today it's fully operational and it's running along with our imported connection those are the two supplies that we have in the upper zone come going forward well 38 will be commencing construction we the

city will be funding that due to because of the requirements of the funding wasn't the concentration there wasn't high enough so the Orange County watch this can cover it that's well 38 well 27 and 28 crook station it's plan for bidding as we speak today's item is item 22 I believe is is to apply for grant funding water districts taking the lead on that and they will also be playing paying for that cost roughly estimated at 13 million dollars all right well 31 it's planned for bidding in the near future weeks away an estimated cost is

6.5 million again Orange County water just will be funding that price tag for us and again well 26 it's planning and study right now on our end and well 35 It's a planning and studying in our end.

What I'd like to do is the rest of the remaining wells are fully functional and operational as we speak. I'll give you a picture of a well 40 PFAS treatment facility at Mayberry Park. This is what those vessels look like from the outside. And as you get closer up, this is what it looks like. Each, yeah, back to the presentation.

There we go. So you can see from the outside, we aesthetically, you can't really see the tanks from street view and we protect it. That's a vessel. We have a lead lag. That's one system, just two of them per system. And this is the one proposed for the Santa Ana Zoo. That's well 31. This is just kind of a 3D rendering, what it looked like. Yes, it's at the zoo. It's at the overflow parking section, southeast area, adjacent to the Fife Freeway.

With that, I'd like to leave that presentation and say thank you very much for your time.

Jennifer L. HallItem 4

Thank you very much. Do any of the council members have any questions or comments? And if you do, please push a button or let me know.

Johnathan Ryan HernandezItem 4

Yes.

Jennifer L. HallItem 4

You do? Did you push it? Councilman Hernandez?

Johnathan Ryan HernandezItem 4

Thank you, Mayor Mesquite. Just wanted to say thank you, gentlemen, for the presentation and for the good work you guys do for the city. Thank you.

Jennifer L. HallItem 4

Great. Anybody else? Questions or comments? Thank you so very much for the presentation. Have a nice evening.

Jennifer L. HallItem 4

Madam City Attorney, do you have anything to report out of closed session?

Sonia R. CarvalhoItem 4

Mayor, members of the Council, members of the public, we did have two closed session items this evening. We have reportable action on the first item, which is the case of Ramsey versus the City of Santa Ana. This was a case involving allegations of excessive force and the Council voted unanimously to approve a settlement of $95,000. And that's all that I have for reportable action.

Jennifer L. HallItem 4

Thank you very much. Okay. Before we move on here, I apologize.

Jennifer L. HallItem 4

Council members, given that we have many public speakers this evening, I'd like to take the one public hearing item number 25, the annual performance and evaluation report first, so that anyone here to speak on that notice of public hearing can do so before we take general public comments. Is there anybody here to speak on item 25, Madam City Clerk?

Valerie AmezcuaItem 4

Mayor, we did not receive any speaker cards on public hearing item number 25. I would ask if anyone was in Zoom or the conference call to submit a brief chat if you were going to speak on item 25 only. All other agenda items and general comments will be heard momentarily.

Valerie AmezcuaItem 4

I'm not seeing anyone online for the public hearing, Mayor.

Jennifer L. HallItem 4

Thank you. Any of the council members have any comments?

Jennifer L. HallItem 4

Councilman Hernandez.

Johnathan Ryan HernandezItem 4

Thank you, Madam Mayor. I just wanted to thank our staff and the Community Development Commission for the good work that is happening across our city. Some of the capital improvements that occurred and the accomplishments are completed. The installation of new restrooms at Madison Park, Memorial Park, Cesar Chavez Campesino Park. A total of 120,735 residents were assisted by the above improvements. economic development provided 70 small business incentive grants to small businesses that were affected by the COVID-19 pandemic and some of the outstanding public services that we can highlight is that we provided for over

Johnathan Ryan HernandezItem 4

20 nonprofit organizations to administer 22 programs and serve a total of 3,350 persons some of the organizations include America on Track, Boys and Girls Club, Neutral Ground, YMCA, Delhi Center, Girls Inc, Taller San Jose, and Relampolio del Cielo. And Cambodian Family and Delhi Center provided youth and family services that included tutoring, education, leadership workshops, and anti-bullying workshops. And lastly, Legal Aid Society of Orange County. I'm so very happy to see this. Thank you, staff.

Jennifer L. HallItem 4

Thank you. No other comments? I'll make a motion.

Johnathan Ryan HernandezItem 4

I'll second.

Jennifer L. HallItem 4

Let's take time. Let's vote, please.

Valerie AmezcuaItem 4

The vote system may not be totally operational at the moment. Councilmember Becerra, if you could voice your vote, please. Okay. Councilmember Fan?

Thai Viet PhanItem 4

Yes.

Okay.

Valerie AmezcuaItem 4

The vote is seven ayes, no nays. Motion carries to authorize the submission of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development. Thank you very much. This is

Jennifer L. HallItem 4

the time of 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. Speakers will have approximately two minutes for their comments pursuant to resolution number

Jennifer L. HallItem 4

2023-047. Speakers are requested to refrain from profane language, racial epithets, and livis or slanderous statements that disturb the decorum of the meeting. We'll now hear from the members of the public that are on Zoom, followed by those that are physically present in the council chambers. Madam Clerk, can we start with our Zoom calls, please?

Valerie AmezcuaItem 4

Yes, thank you, Mayor. And before unmuting those callers, I would like to report the following summary of emails provided as of 3 p.m. today that were distributed to the council and posted online one email related to item number 20 two emails related to item number 26 nine emails related to item number 28 and 25 on non-agenda topics so speakers on the queue may provide their comments on agenda or non-agenda items when unmuted please announce your name ward or neighborhood that you reside in within the city of Santa Ana for the record the The first speaker on Zoom, Aida Perez. Please unmute and make your comments.

Valerie AmezcuaItem 4

I would like to announce for the record on behalf of the mayor that the comment period time for members of the public on tonight's agenda will be two minutes. You will have two minutes to make your comments. Thank you.

Good evening. My name is Aidea Perez, and I'm a volunteer with Centro Cultura de Mexico. I live in Ward 5, and I volunteer for 13 years. And my daughters and I participate in a lot of cultural events. They are 35 and 19 years of age, and I belong to an organization that helps the community. And I'm here to support item number 28 because it's not fair that we pay taxes, and we are not able to elect representatives who are here locally.

Valerie AmezcuaItem 4

Next speaker on Zoom, Maria Pina. Please unmute, make your comment.

20 years. I am part of the coalition of families for elections just. I am here representing my community to support the 28th because I think it is unjust that the fourth part of the population of Santana that contributes to the economy no be included to be able to choose their representatives either the alcaldes or the council of their district and also the local policies. I have been a volunteer in programs for the community for more than 10 years

and I have to have seen a lot of discrimination, poverty and lack of resources for the residents. I believe that the funds and representation do not come to our community equitably. Many times the city doesn't even understand the problems we have in our community.

good evening my name is maria piña i've lived in district 2 for about a year but i've been a resident of almost all wards in Santa Ana for over 20 years, and I'm here with a group of families for fair elections. I'm here to support item number 28 because it's not fair that about one-fourth of Santa Ana residents contribute to the economy, but we cannot elect our representatives for mayor or city council in our districts, local politics, et cetera. And I've been a volunteer for over 10 years, and I've seen a lot of discrimination

and poverty, and there's no resources that come into our neighborhoods. The money is not distributed equally into our neighborhoods, and sometimes the city does not understand the problems in our community. You need to prioritize item number 28 and put that on the ballot so that we can have a voice in Santa Ana to democratically elect our representatives.

Valerie AmezcuaItem 4

Next speaker on Zoom, Jane Doe. Please unmute and make your comment.

Good evening. Can you hear me? Yes, please go ahead. Thank you. My name is, I am identifying this evening as Jane Doe, and I'm choosing to withheld my location due to essentially privacy and safety concerns. However, my comment is pertinent to the city of Santana in general.

First off, I would also like to congratulate and commend the hardworking men and women of the Santana House of Authority, Saha, for all the amazing, incredible, wonderful work that they do to help people. I am just here to remind everyone that asking for help is not a sign of weakness. It is, in fact, a sign of strength because it takes a lot of courage to come forward and ask for help. Not everybody has the initiative to do that.

And there have been times when some people maybe should have took the initiative and didn't. I would just say that if you are fortunate enough to be blessed with a housing voucher through Saha, it's always important to communicate with staff and let them know what is going down in your life as far as any personal issues that may affect your ability to retain housing.

For my part, I'm fortunate enough to be now set hopefully on the right path, but I would just urge everyone listening to please, if you need help, ask for it and let others know what is going on with you as far as your personal situation. It is not a sign of weakness to ask for help if you can no longer shoulder your burdens. thank you to the staff of saha um i don't really want to say anymore but thank you thank you

Valerie AmezcuaItem 4

next speaker on zoom who's identified as 949 please unmute and make your comment

Valerie AmezcuaItem 4

949

Valerie AmezcuaItem 4

Okay, next speaker Boomer.

Hello, Mayor and Council. My name is Boomer Bulmado Vicente. I serve as the Policy and Political Director for CHISPA. I'm here to speak on item 20. We send a letter in response to the false and misleading claims made in a Lexapol letter sent to the Council. We want to set the record straight and address some of the claims made. Number one, Lexapol is indeed a police consulting firm. They were founded by former law enforcement officers, Bruce Pryott and Gordor Graham, that sells boilerplate policies to police departments to shield officers from accountability. Lexapro has expanded its influence

to over 3,500 agencies across 35 states. They probably highlight that 95% of law enforcement agencies in California subscribe to the services. Second, Lexapro does have a track record of the mission and community involvement. For instance, in Berkeley, the city council replaced decades of policies that were developed alongside the city of Berkeley's police oversight commission with Lexapol's boilerplate standards. There have been other situations elsewhere in like Pomona and San Luis Obiso where community activists have had to intervene to ensure compliance with new laws. Third, Lexapol policies cost the city of Santana millions

of dollars in lawsuits. While this claim is potentially factual, Lexapol markets its policies as preventing costly liability. However, Santana had to abandon Lexapol's policies to comply with AB 392, which would have exposed the city to legal liability. In fact, a number of police departments relying on Lexapol's policies have been sued when those policies were found to violate constitutional standards of other laws. Lastly, Lexapol opposes police reform. This is a fact supported by their dismissive approach to AB 392 and its lobby efforts to kill bills like AB 931. They consistently oppose the escalation policies,

use of force regulation and prohibitions on police shooting into moving vehicles. Because of these concerns, we urge the council to vote no on item 20. We also sent a letter of support to item 26. We support allowing all city residents to participate in elections regardless of the-Thank you, your time is up. Thank you.

Valerie AmezcuaItem 4

next speaker phone number who ends in 437 please dial star six or select microphone to speak now

hello my name is jonna and i'm with the party for socialism and liberation and i want to voice my support for agenda item 28 i'd like to start off reminding everyone that this country was built and is currently still being built by immigrant non-citizen labor. Black workers, Asian workers, Latino workers, America would not be what it is today without these communities and would fall apart without them. Black slaves created America's immense wealth. Asian immigrants laid the infrastructure for essential railways. Undocumented Latino workers continue to be the backbone of the construction and agriculture

industry. So many essential services are performed by undocumented workers. How can we deny them a right to vote when we literally would not exist without them? How can Santa Ana hold festivals and parades celebrating different cultures and in the same breath deny them a voice in the government that could not run without them? How can we be okay with benefiting immensely from undocumented workers' labor but not allowing them to vote? True democracy means everyone should be given the right to participate in a government that depends on them to keep the city and the

country running. Nearly a quarter of Santa Ana's population don't have a right to vote. That's almost 80,000 people. 80,000 people who are part of the community but have no voice in it. We cannot let racism and xenophobia distract us from this fact. Women and Black Americans were denied the ability to vote, rightfully fought back, and want a right that they deserve from the start it is time to give non-citizens the same right i urge council to support agenda item 28 and take the steps toward a truly democratic society thank you

Valerie AmezcuaItem 4

next next speaker on zoom tanya navarro please unmute make your comments

Hello, Mayor and City Council. I'm calling to voice my strong opposition to item 20, which proposes approving a contract with Lexiple. My name is Tanya Navarro, a community organizer with Chispa, and I want to echo the concerns raised by our organization's letter and research conducted by our policy and political director, Boomer Bulmaro Vicente. The city council should reject their Lexapol contract and instead allocate additional resources to the city manager's office for maintaining and updating the department's policies.

Additionally, we recommend that the city work in collaboration with the police oversight commission to oversee and monitor these policies effectively. I would like to take some time to refute some misleading claims made by the Lexapol in their letter to the city council and provide some key information. First, Bruce Pratt co-founded Lexapol, and while he does not currently serve as a board member, his comments and actions reflect the ethos of the company, as well as its current approach to policing and police policy.

Bruce built his legal career on representing police officers and departments accused of breaking the law, including cases involving fatal shootings. He has a laser focus on defending police officers from liability without considering broader accountability and community interests. According to Pratt, he doesn't care, quote, if you choke him, tase him, bite him, shoot him. One question was objectively reasonable, unquote. This is the type of reasoning that underlies Lexapol's whole model. But it is not the attitude, philosophy, or approach that Santa Ana should adopt in creating its own policies.

Secondly, there are many other organizations that can provide the services Lexapol provides. Numerous nonprofit organizations have developed their own policy guides for law enforcement agencies interested in reform. For example, Campaign Zero affiliated with Black Lives Matter has created a model use of force policy that draws from major police departments established best practices. The Immigrant Legal Resource Center also has a published guide featuring policies from jurisdictions that protect immigrants from federal immigration enforcement.

Likewise, the policing project at New York University School of Law publishes policies based on input from community members, social scientists, and...

Valerie AmezcuaItem 4

Next speaker on Zoom, Daniel Riley. Please unmute and make your comment.

Hi, I'm Daniel Riley. I live in Ward 4 and I am an organizer with the Party for Socialism and Liberation. I'm here to speak on item 28. I just wanted to give my support for giving non-citizens the ability to vote on local elections. If people are paying taxes in the area and live in this area, they should have the right to vote. It seems like a pretty simple idea. If you're contributing to maintaining the community that you live in, you should have the right to vote for the elected officials that have power in the area.

So that's that's I support item 28. That's all.

Valerie AmezcuaItem 4

Next speaker on Zoom, Victor Mendez, please unmute and make your comment.

Can you hear me?

Valerie AmezcuaItem 4

Okay. Yes, please go ahead.

Give me one second here. All right, I'll begin. Item 28. I agree with the underlying principle of expanding voter rights to non-citizens. To reiterate, non-citizens have been defending our freedom since the Revolutionary War, no doubt. Additionally, for those who were not born or are aged at the time, one of the main factors which gave rise to allowing 18-year-olds to vote was the Vietnam War, whereby if one was old enough to be drafted, then one should be old enough to vote. It is in this respect the proposal to expand rights to non-citizens should be limited only to permanent residents.

Permanent residents are eligible for military service, while those here in the United States without proper documentation or on temporary visas are not. Furthermore, permanent residents have demonstrated commitment to the community and to remaining in the United States. Conversely, there'd be considerable questions of possible allegations over the city's election integrity by expanding voters who are here temporarily or have even broken US federal law. Therefore, I feel a more limited focus on just permanent residents would be an outstanding start with possibility to expand voting rights down the road.

On item nine, item nine short circuits the democratic process for the city's budget. And as such, the city should make an effort to restore the process for citizen input and make funding decisions based on this new information. The situation is one of many that have been brought forth to the council, which indicate increasing degradation in the financial management of the city's money. The funds that are consideration are substantial and should have been part of the 23-24 budget process. I believe that there is a lot of things that have missed because of what appears to be kind of some erroneous planning processes.

And just looking at the summary of the amounts in question, you've got $5 million for goods not received or services performed, $52 million in the general fund, and $300 million in capital program. I really recommend the council conduct themselves as good fiscal stewards, bring back the side of it in a process that allows proper evaluation as well as public input. On item 26, I would support a ballot measure before the voters determines a super majority.

Valerie AmezcuaItem 4

Your time is up.

Thank you.

Valerie AmezcuaItem 4

Next speaker on Zoom, Juliana Moushiev. Please unmute and make your comment.

Hello. Yes, go ahead, please. Thank you. My name is Juliana. I'm a resident of Santa Ana Ward 4. I'm also an organizer with the Party for Socialism and Liberation. I support item 28 because I support full rights for all immigrants. For more than a century, U.S. foreign policy has shaped the economies and politics of Latin America through regime change and by imposing economic policies that gutted social safeness and severely increased economic inequality. And these policies created the political instability and poverty that forced people to leave their homes.

The Vietnamese diaspora as well is a result of the brutal war that the U.S. waged in Vietnam for no other reason than to preserve U.S. economic interests. The so-called immigration crisis is one that our government created, but they count on racism, scapegoating, and collective amnesia to make us think otherwise. If we care about the truth and we care about justice, we must acknowledge this context. Almost a quarter of residents in Santa Ana are non-citizens who have no right to vote. Without these members of our community, our economy would come to a grinding halt. We benefit from their labor.

They are our neighbors, our family members. Many have lived in this city for decades. They have deep roots in the city. And in order for the city to be truly democratic, they should have the right to vote. That's why it's port item 28. Thank you.

Valerie AmezcuaItem 4

Member on Zoom 949, please unmute and make your comment.

Valerie AmezcuaItem 4

949.

Valerie AmezcuaItem 4

Mayor, that concludes the speakers on Zoom.

Jennifer L. HallItem 4

Thank you very much. All right, let's go to speakers that are in house. Can I please have you line up so that we can have you ready to speak, please? First two are Ross Romero and Bea Cleaver.

I don't know how I got to be first, but I'm here.

Jennifer L. HallItem 4

I'm sorry, hold on one second, Ross. Is Bea Cleaver in, please?

Jennifer L. HallItem 4

Light up right afterwards. Thank you. Go ahead, Ross.

Yeah, my name is Ross Romero. I've been a Chicano activist here in Orange County for many years, as well as been involved with many issues in Santa Ana. I belong to a lot of different organizations, but I'm not here representing any. I'm just here tonight to speak on my own behalf.

some years back I was I worked in the Santa Ana schools for the Puente project and all for the Santa well for Santa schools and I raised that because one of the things of that experience that I found was that we had many students that were in fact immigrants immigrant background and And, you know, that's very important because many of you that worked in the schools here, you know how dedicated and how so many of these students are trying to better themselves. And yet, we have a situation where they've done everything right and they can't even vote in this city.

And that's kind of a miscarriage of justice. and so anyway I did want to mention that there are other states that have in fact adopted this uh ordinance or this type of voting ordinance uh we have Maryland Maryland actually has quite a bit uh Vermont and here in California you know we do in fact have us the city of San Francisco and in fact they've been sued they've been sued and they've won and that's very important because Because you know what, what's being proposed here, I mean it's not like a real far-fetched thing.

It's something that's completely allowable. It's not un-American, it's not un-constitutional, it's even bigger than all of that, it's democracy. Trying to instill democracy and allow for democracy. It blew me away.

Valerie AmezcuaItem 4

Mr. Romero, your time is up. Your time is up, sir. Okay.

I just want to... Thank you. Your time is up. Yeah. Please vote for this bill.

Sonia R. CarvalhoItem 4

Mayor?

Sonia R. CarvalhoItem 4

Mayor? If I could just ask for the respect of our audience, I know tonight we're going to have a discussion on many points of view that many people may not share, and part of our democracy and our respect is that we let all speakers speak. So I know sometimes we do allow applause, but I would ask as a reminder tonight that we be respectful. We are in a business meeting this evening.

Jennifer L. HallItem 4

Thank you, Madam City Attorney. I think you all heard very clearly. Please, if we could be respectful so that we could get through all of the public comments and give everybody an opportunity to be heard. Thank you. And thank you once again, Madam City Attorney. Bea.

By the way, we're a republic, not a democracy. Anyway, does anybody or any of the council members happen to know the history of this great country, this nation? Not the one that's being rewritten, but how about what our founding fathers built? What made it so great? And then do you have any knowledge of our Constitution? Don't answer that. I don't want to embarrass anybody. But anyway, non-citizens already vote. It's called a crime. It's called fraud. It's called unconstitutional. It's kind of like driving without a license. Why on earth would you want someone with not even enough interest or care or even energy

to care about this country, your country, and your community to become a citizen, a legal citizen, to make the decisions for citizens?

Voting is a privilege. It's for citizens. It's not a freebie. Why not just mail out ballots worldwide? And since there's no ID, since no ID is required, no proof that you actually even exist, this opens the road to serfdom by Frederick Hayek in 1957. Anyway, privilege, voting is a privilege, it's an honor. The end of a sovereign nation. Do you really hate America so much that you want to destroy it by not becoming a citizen? And the opportunity to become a citizen is open to all. It does not discriminate against color, race, skin, or economic situations.

Many of us know that. Thank you.

Jennifer L. HallItem 4

Okay, we're going to keep that down. So Monica, followed by Carlos Perea. Monica, there's no last name here. Carlos Perea, if you can come down and line up, please be ready. Monica, followed by Carlos Perea, two minutes.

Good evening. There's value in citizenship. The right to vote, be it locally or nationally, is a big part of the value of becoming an American citizen. Non-citizens already have a country that they can vote in. The blessing of modern-day male has made that even easier to accomplish than before. They are more familiar with their own country, their own people, their own politics. If we start allowing non-citizens to vote, even if they are here legally, we dilute the value of being an American citizen. We might as well put voting booths in foreign countries.

The privilege and the right to vote as an American citizen, be it locally, state, or national race, is a privilege that all of us citizens hold dear. It should be respected and held as the ultimate American dream. The day I became an American citizen was the proudest day of my life. Now I can vote and now I can proudly sing my national anthem. It should remain that way, a very special accomplishment, not to be taken for granted. How many people in other countries have died for the right to vote?

I ask all of you to please vote no on item 28. Keep the act of voting, be it locally, statewide or nationally, a dream for all who strives to become citizens of this great country called America. God bless the USA. Thank you. Thank you. Carlos Perea, please.

Good evening, Mayor and the city council.

Sonia R. CarvalhoItem 4

Remind the public, either way, we're not going to draw a pause. Yeah, no, and I did before that.

Jennifer L. HallItem 4

So, you got to keep the clapping down, otherwise I'm just going to, we're going to just stop. So, I understand everybody feels very strongly about this, and I probably sound like, you know, I'm being, you know, I don't know whatever word you want to call me, but the city attorney is exactly right. We need to just let people speak. So, let's do it without the noise afterwards, please. thank you Carlos go ahead let's start over two minutes please thank you good

evening mayor Amesco and Santa Ana City Council my name is Carlos Perea executive director of the Harvard Institute for immigrant economic justice I'm also a resident of World One I have been a long-time resident of the city Santa Ana and first let me get started with saying I love when we have extreme right-wing folks show up to tell you what you shouldn't do because throughout history we have always had those folks denying the right to vote to many people of color. But I want to remind everyone here that not long ago we had non-citizens who threw a big

tea party because they were taxed without representation. Right now we have one out of every four residents of the city of Santa Ana pay taxes. They're taxed, but we don't have the political representation that we deserve. Now you'll hear tonight from a lot of residents the plea to make sure that we expand democracy for everyone. You'll hear from legal experts as to why this is possible and why there's a pathway, a legal pathway for Santa Ana to do this. The Constitution in California doesn't prohibit it, the courts already rule that, and also the courts already

said that cities with charter power can do this, that they have the power to do this. What I'm here to speak about is personally, myself, I'm undocumented, I've been here in in the city for a long time, and people talk about citizenship. People talk about, let's become legal. But all of us know very well that the federal government, the D.C., has been at a deadlock for two decades.

Our communities, our parents, our neighbors haven't been able to go back home, but they have been here, making a life. They have built this community. They have made Santa Ana prosper. And so, there's no way for the federal government to act, because that's not gonna happen, Santa Ana can move forward, Santa Ana can continue to show the way that it will ensure that its residents have human rights and civil rights. So please support this agenda item today and let's expand democracy for all. Thank you.

Jennifer L. HallItem 4

Next speaker is Fang Vu, followed by, well, looks like Jason Silver. We're gonna hold off on that one. Martin Mendiola, Fang Vu, Martin Mendiola.

I will be translating for her.

Jennifer L. HallItem 4

Can you speak into the mic please? Bring it down to you.

Thank you.

I live in San Na and I have no chance to speak up to my voice. I have no ability to speak up to my voice. I have a mother, a single mom. I have two children, a child from 6, 8, when my father passed away. A mother who had no money, no money, no money, who had no money, who had no money. But I was still very hard to take care of myself to take care of my children Until when I was a kid who was in the school in 2018 at UC Berkeley

And one who was also in the school in 2020 at UCI With the idea of my children, I was very worried about my children I know that there are many people who have not enough time to talk to them in their life

who were by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their lives by their

I'm very happy because I have cared for my children to become a strong person, a American citizen, and a member of the United States. But I am very grateful to those who are with a relationship like me and they are experiencing a lot of difficulty. So I want to be here to talk about my respect to them.

Jennifer L. HallItem 4

Your time is up, ma'am. Thank you.

Just to quickly translate, so my name is Fung, I live in District 1. I am a non-citizen and throughout my time in Santa Ana, I have been a single mom and because of my immigration status, I have not been able to get a job, but during that time I was able to take care of my children, my two children, who in 2018 graduated from UC Berkeley and 2020 graduated from UCI. I am here today because I have lived in the past and I know that people don't have the right to to vote or have expressed their concerns because they

are afraid of unveiling their immigration status but I want and I have been a part of this group and I I know that they live in fear they've been afraid and even despite all of this I want to ask you to empathize with this community and also to support them by you know approving their right to vote

Jennifer L. HallItem 4

as a non-citizens thank you thank you very much Martin Mandiola and Vincent Tran

Good afternoon, Mayor. My name is Martin Mandiola, and I am a high school student, and I speak on behalf of the youth community here. I've lived in Santa Ana, Ward 1, up until right now, my entire life. I am a descendant from a Mexican family, non-residents, non-citizens. and up until last year is barely when my parents became citizens and I have seen them struggle their entire lives paying taxes always being a part of the community and yet still have no right to vote my brother himself has always been building up on this community he's never given up on it and he still has no

right to vote I am tired of seeing that I'm tired of seeing that my parents and brother and my entire family always have to suffer from taxes and still have no say in their own democratic part of the city. So I'm here to say to vote yes on agenda number 28. Thank you for your time. Thank you. Vincent Tran.

All right good evening mayor and council my name is Vincent. I'm the organizing director at Viet Rise. I'm here to express my support for agenda item number 28. Santa Ana has been at the forefront of immigrant rights in Orange County for the past several years. Expanding the right to vote to non-citizens is a necessary next step to ensure that our immigrant and refugee communities are not left voiceless but are imbued with the agency to voice their opinions make a difference in their community and city we should not let money and politics impede the opportunity to enfranchise our immigrant

and refugee communities expanding the right to vote has been proven to deepen residents ties to the city and reinforce the sense of equality this is the right time for the city to lead the charge in Southern California to expand the right to vote to non-citizens. Again, I urge this council to support agenda number 28. Thank you.

Jennifer L. HallItem 4

Thank you. Miguel Santos followed by Chen Tien Nguyen. Miguel Santos.

Jennifer L. HallItem 4

Chen Tien Nguyen.

Jennifer L. HallItem 4

Celeste Vasquez.

Jennifer L. HallItem 4

Followed by Thabby, Jerome, please.

Good evening, City Council members. My name is Celeste Vasquez. I'm a resident of Ward 1. I'm talking today in support of Agenda Item 28, the proposal to create to allow non-citizens voting in city council, city and mayor elections. As everyone said, you know, undocumented...

Jennifer L. HallItem 4

Can you speak more into the mic? I apologize.

As others have said, the undocumented people have lived in our city. they participate in our city, they pay taxes, not allowing them the right to vote is just completely unfair. You know, as the saying goes, taxation without representation, which I know some people like to say. Nearly one out of every four residents living in the city are non-citizens, and these people don't live in a vacuum, so they should be able to vote. And as everyone else has said, San Francisco won and are able to continue to allow non-citizens to vote, so why not us as well?

It's a simple matter. If you live here, you should be able to have a say in how things are run. It's just simple to me. So yeah, I'm in strong support of item 28. And then I would also like to make a quick comment on agenda item number 20 and to say that I'm still in strong opposition to that.

Jennifer L. HallItem 4

Thank you. Thank you. Sabi? Followed by Tracy Law.

Hello, good afternoon, Councilmembers. My name is Fabi Hakome and I'm the Executive Director of the Orange County Justice Fund

and a member of the Santa Ana for Fair Elections Coalition. We have served Santa Ana residents through our different programs and have an office in the city. I'm here urging you to support Agenda Item 28, which gives noncitizens the right to vote on local elections. Non-citizens are a part of the city's population and deserve the right to be represented fully on this dais. Santa Ana has championed many policies supporting non-citizens even though we have had folks like those tonight that have voiced their opposition. Nonetheless, Santa Ana moved forward to protect their

community. The Lacey ruling has given you the go-ahead to explore non-citizen voting. I hope you take this opportunity and do right by your constituents. Set yet another example for the country to follow. Thank you.

Good evening, my name is Tracy Law and I'm the Executive Director of VRISE. I'm also a Ward 1 resident. VRISE serves and organizes Vietnamese and immigrant communities across the county, including and especially here in Santa Ana. We're also here as a member of the Santa Ana Families for Fair Elections Coalition. In 2018, the city of Santa Ana was sued by Asian Americans Advancing Justice for operating under an electoral system that prevented Asian American residents who make up over 11% of the city's population from having any representation on the council for nearly 40 years. Fortunately,

the city did the right thing and ultimately transitioned from at-large elections to ward elections. This ensured that the 39,000 Asian residents who called the city home finally had the voice and the power to influence elections in the city, to have their votes and concerns taken seriously. Then finally in 2020 we elected the first Vietnamese American council member to ever serve on the city council. In the same spirit it's time for the city to ensure that non-citizen residents who make up nearly a fourth of the residents in the city have the voice and the

power to finally say who they believe should represent them. This is not a new idea in American history. Between 1776 and 1926, which is less than 100 years ago, 40 states allowed immigrants who not citizens to vote. Santa Ana strengthened its democratic process by providing a fair opportunity for Asian American residents to have their voices heard in local government. Santa Ana can and must do that again for non-citizen residents. We urge you to do the right thing, expand immigrant rights and voting rights for non-citizen residents in the city. We urge you to support agenda item 28.

We're also in support of agenda item 26 and oppose item 20. Thank you.

Jennifer L. HallItem 4

Thank you. Yui Lei followed by Julia Gomez.

Jennifer L. HallItem 4

Julia can also come up and thank you.

Good evening everybody. My name is Viet Lei. I am a volunteer with Viet Rise. I wanted to momentarily play the part of Devil's Advocate and say that even if every single thing that people critical of undocumented immigrants were true, that would not still overcome the fact that they are present here, they have contributed to the community independent of taxes, and they are not able to access the resources in a way that other citizens are able to.

Now, I wanted to highlight this as a means of highlighting just how generous the current offer is. They are not asking for all the money and resources and time that they have not been allowed access to. They are simply asking to participate and have the capacity to influence the communities in which they temporarily live. Now, close to 25% of the city of Santa Ana falls within this category. And from a foreign policy perspective, the United States has invaded countries for less to try and establish democracy. hopefully it's such an invasion is not necessary to accomplish such changes they have been

accomplished in other states and hopefully at every juncture we can recognize that how reasonable this request is and accommodate the most basic of ass for us today and in voting in the affirmative for um i'm number 28. thank you thank you

Good evening, Mayor and members of the City Council. My name is Julia Gomez and I am a staff attorney with the ACLU of Southern California in support of Item 28. Last year, the City Council considered whether to expand voting and local elections to non-citizen residents. But you decided to hold off on sending this issue to voters given the pending lawsuit challenging San Francisco's ordinance expanding voting to immigrants in school district elections. Since then, the California Court of Appeal ruled that San Francisco had the power to expand voting rights in local election, and that ruling is binding on trial courts, including

the Orange County Superior Court. In particular, the court held the California Constitution's Voter Qualifications Provision, which provides that citizens who are 18 years of age may vote, sets a floor on who may vote, but does not set a limit or a ceiling. The court also held that charter cities have authority to expand voting in local elections under the Constitution's Home Rule provisions, including the provision that gives cities like Santa Ana authority over local elections and the manner in which municipal officers are elected. The ruling means two things for you.

One, that the California Constitution is not an impediment to expanding the right to vote, and two, that Santa Ana voters have the authority they need to vote to expand the electorate to include non-citizens. Santa Ana has been a leader for immigrant rights, whether it's the sanctuary city ordinance, the continuous support and funding of the deportation defense fund, or ensuring that all residents can serve on city commissions and boards. It's now time for the city to continue to be a leader, this time by being the first city in the state to expand voting rights to non-citizens in mayoral elections and city council elections.

Thank you.

Jennifer L. HallItem 4

Thank you, Mai Nguyen Do, followed by Indigo Vu, followed by Claudia Morales.

Good evening, Mayor, Councilmembers. My name is Mai Nguyen Do, and I'm the Research and Policy Manager for the Harbor Institute for Immigrant and Economic Justice, based here in Santa Ana. We're also part of the Santa Ana Families or Fair Elections Coalition. Here today to support agenda item number 28. As you've heard, nearly one in four residents are non-citizens, making Santa Ana among the top of five large cities, cities with over 100,000 residents in California with regard to share of non-citizen residents, exceeding the shares in both San Francisco and Oakland, where voters

already approved non-citizen voting for school boards. That share goes up when you consider only voting age residents, so almost one in three voting age residents are non-citizens, according recent estimates in the U.S. Census Bureau. Yet all these residents, these taxpayers, these important members of the Santa Ana community, they're unable to participate in the very election of those who make decisions that impact their daily lives. You, council members. This remains deeply undemocratic and unfair to keep excluding so many taxpayers from the local democratic process. There are also

other benefits to expanding the right to vote. We know from existing research that it can contribute to increased stakeholder engagement with processes regarding community resources. So overall, expanding franchise locally should contribute to a thriving culture of civic participation in Santa Ana and bolster the health of local democracy. The city has already taken important steps to fostering inclusion as a sanctuary city and the city has made clear strides to reduce barriers to political participation such as a relatively recent move to allow non-citizen residents to serve on city

commissions. The next logical step then would be to allow non-citizen residents to participate in local elections which we know from the recent court of appeal decision regarding San Francisco's case to be legally permissible we hope the council will explore this important opportunity to bring santa ana one step closer to a true representative local democracy by expanding the franchise to all residents regardless of immigration status because everyone deserves to have their voice heard

Jennifer L. HallItem 4

thank you thank you indigo followed by claudia morales indigo followed by claudia morales can you hold on one second is claudia morales here can you please come stand in line followed

by Marcela Rosas. Go ahead, thank you. Good evening Mayor Mesquah and Santa Ana City Council members. My name is Indigo Vu. I am a Ward 1 resident as well as a staff member at Viet Rise. I'm here today in support of agenda item number 28. Santa Ana has long been the heart of immigrant rights in the county from declaring itself a sanctuary city, creating the first deportation defense fund in the county, and being the first city in the county to appoint an undocumented the documented commissioner. Currently, its residents are looking toward you, each of you,

to continue Santa Ana's legacy as a leader for immigrant rights, voice and dignity, and to encourage and foster democracy for all in our city. It is in the best interest of our city to give every resident of voting age the ability and opportunity to make their voices be heard and to vote for people who represent them, who make decisions that impact them every day the question before you today is not necessarily to make a decision on non-citizen voting based on your stance on this issue but rather to allow the voters to make of the city to make that decision for themselves again i support and urge you all to support agenda item

number 28 and for the reasons i and other speakers stated previously on august 28th i oppose agenda to Item Number 20. Thank you.

we realize that families in the immigrants, even though they are all under the obligations, like every citizen, our voice is not heard.

This proposal to all the older people, who can choose their local representatives, impacts strongly our community, because we are thousands of parents who will be able to strengthen our children's message in terms of voting and election. As a family who live in Santana, even being a sanctuary city, we have been excluded and marginalized. No there is a desire to meet the representatives that do not represent us. But today, with the hope of this proposal, we are here to support the 28th point of your agenda,

so that everyone who live in Santana can decide to vote for a representative in this concilio. and there is a democracy for everyone. At the end, we want to live in a society that gives the same opportunities to all people, to your voice, to my voice, to be heard and to live happily here. I want to thank Jesse, Jonathan, Benjamin,

Jennifer L. HallItem 4

Thank you, Marcelo. Followed by Mike Tardif and Salvador Sarmiento.

Good evening, members of the City Council and public servants. My name is Claudia Morales. I live in Ward 4, and I am a representative with Tenants for Hope, and I lived in the city of Santa Ana for 22 years, and as a family, we've been hoping and wanting to integrate to our city. As an immigrant family, and many immigrant families, we fulfill our obligations to the city, but we do not feel that we have a voice. So we elect this proposal to have people who are 18 years and older have representatives, have our local representatives who represent us.

We have thousands of parents who can instill in our children the purpose of voting and of elections. And many Santa Ana families don't feel involved. They feel, even though that we are a sanctuary city, we feel left out. We feel marginalized, and many families do not have the desire to get to know the representatives because they do not represent us. So I'm here to ask you to vote for item number 28 on the agenda so that all Santa Ana residents can vote for their council representatives. So we are here to advocate for democracy for all.

We all want to live in a place where we have a voice, where our voices are heard. We want to live happily, and I want to thank Jesse, I want to thank Jonathan and Ben, Benjamin, for accepting our invitation to come and talk to us. We invite all of you, and the rest of you, because we also want to get to know you. Thank you.

I'm here to remind you that each of you were elected to serve the community, to serve our community, and I'm glad to see you here. Although, I'm going to say that some of you have been here, but I'm going to say that some of you have been here with what we promised when they were in the campaign, with the facts that they are now here. But today I want to say that I've lived for many years in the 2nd district of Santana, here have grown my children, as well as other mothers, they are in the university. and today I want to ask, I want to ask you to make a way more attentive,

that we see the migrants as citizens, as human beings, as any other human being, without any other nationalities, without any other race, because at the end of the day we are human beings. And as you said, Mr. Mezcua, we are in this great city, full of culture, full of tradition, full of people working, that we all day work from 12 to 16 hours to pay the rents so far, We want to have food to eat in our house, to have our children to school. We are proud and happy to live here, but we want to see as citizens, as human beings, as well as any other, and give us the right to vote.

We want to have the right to be able to choose our representatives that we have also for our rights, that we don't have marginals, that we see as human beings, with all the dignity and right to live and enjoy this beautiful city. Thank you for your attention.

community but sadly some of you are not fulfilling the promises out there that you made when you were campaigning. Today I'm here as a District 2 resident and to tell you that we need to feel represented. We ask you very kindly to see us immigrants as citizens, as human beings, not as a distinct or different race, but as you said, Mayor Amesqua, that we have, in our city, we have a lot of culture, a lot of tradition. We parents are working 12 and 16 hours a day

to bring money for rent and to bring food to the table to school our kids, and because we just want to be, we want to be happy to live here, we want to be treated and seen as human beings, as people, and we are asking for the right to vote, to elect the representatives to elect us so that we don't feel marginalized, so that we feel as human beings, and we are here and asking to enjoy this beautiful city. Thank you.

Jennifer L. HallItem 4

Thank you. Mike Tardis? Followed by, is there Salvador Sarmiento? Hold on one second, Mike. Salvador Sarmiento. Okay, there you are. Gemma Suarez you want to come up and get in line please thank you go ahead Mike

good evening mayor city council members my name is Mike Tardif I'm a longtime resident of Santa Ana a couple of people several people have just have mentioned that voting in San Francisco it is my understanding that that is for permanent legal residents only and it's only for those residents that have children in the schools

both the california secretary of state and the california constitution state that voting is reserved for u.s citizens 18 years and older no other are no other people are authorized under those entities for voting. Less than one year ago, California Superior Court Judge Richard Ulmer ruled that only U.S. citizens have the right to vote. In this, he echoed an earlier ruling by the New York Supreme Court. Even if a proposed ordinance would apply only to

lawful permanent residents, since Santa Ana has designated itself as a sanctuary city, those policies would bar city officials from differentiating between legal and unauthorized residents. This limitation would be difficult to enforce, if not meaningless, in practice.

In addition to not being constitutional, according to the California state constitution, allowing non-citizens the vote is bad policy.

Aliens, that is the proper legal term, who remain legally bound by and beholding to the governments of their native lands should not be allowed to shape and mold our educational law enforcement and other policies. I do not support item 28.

Jennifer L. HallItem 4

Your time is up. Your time is up, sir. Salvador Sarmiento, Gemma Sanch Suarez, followed by Maria Torres.

Good evening. My name is Salvador Sarmiento, and I am a longtime resident of Santana, and I reside in Ward 3. I am here in support of the motion for the resolution regarding number 28. and the most important reason I support it because it is the right thing to do.

First, it's sadly to hear what people misquote what was previously stated to be as the law by the ACLU attorney. Just because somebody says something it doesn't make it so, but I think you should take the word of the ACLU attorney. There is no legal impediments for for the passing of this resolution. No constitutional arguments that would impede your acting on behalf of this resolution. No legal arguments. Nobody can argue that citizens are more moral than non-citizens. No studies haven't showed that.

There are no studies showing that non-citizens have less integrity than citizens. No studies that show non-citizens are less educated in the issues that people vote on. So those issues, those reasons should not be used to stop you from voting on behalf of this resolution. The only reason I think people would argue against the act of such a resolution is because they're fearful of the power being taken away.

But that is not a legitimate reason not to uphold or pass the resolution tonight. So I'm asking you to do the right thing, make democracy, the circle of democracy here in Santana much larger than it is.

Jennifer L. HallItem 4

Your time is up.

Thank you.

Jennifer L. HallItem 4

Gemma Suarez followed by Maria Torres followed by Iris Zuniga please. Iris Zuniga.

Hello, can you hear me? So my name is Gemma Suarez. This is my mom, Estela. She tried to speak on the phone, but she couldn't, so she's still here. Anyways, she was the 949 number that was missing. Anyways, my name is Gemma Suarez. I work at El Centro Cultural de Mexico which is located located in Ward 5. El Centro is a community-based alternative space that engages residents in cultural, educational, and artistic development. El

Centro was founded in 1996 and the principles that guide us are community solidarity, social imagination where history matters and participatory democracy and also individual responsibility. We're also part of the Santana for Families for Fair Elections Coalition. And yes, and we support item 28 so that the city take the steps necessary to update the

charter so that all residents can vote. This can also be called universal suffrage. The suffrage movement in the United States challenge sexism and patriarchy, but we still have exclusion today. So there's still a community who's left out of the voting polls despite their long-term established residency. The idea of voting rights for people without citizenship may sound wild for some, but it is not. Voting rights in this country was open to immigrants. It was white supremacists who organized against allowing residents to vote.

And I think I only have five seconds.

So just to end, no taxation without representation. Thank you.

Jennifer L. HallItem 4

Maria Torres followed by Irish Zuniga, please.

for others to do their own. Many of them live in Santa Ana and go to work in different condados of Orange County. I have been a worker for more than 30 years and that led me to struggle with them to be included in the legal laws. Today I am going to talk about the need to be included in the legal laws that will give us benefits. This includes the issue number 28, about expansion of vote. Also, at the state level, with the proposal of the law for health and safety.

We have three years of struggle and even the Governor has no firm the inclusion in the rights that we need. This is not just. We need to be included. As workers, the exclusion of us affects having a bad health, stress, depression, social, mental conditions, mental conditions, etc. This is what I share with my own experience and what I have confided my colleagues. We are together fighting for exclusion. We want to be included to make changes and create leyes that benefit us, like the SB686,

as we are part of this society. We want inclusion in the community decisions, because we provide economic. Our work is valuable as any other. So, our voice has to be included and take decisions like the vote. Thank you for your attention.

Jennifer L. HallItem 4

Thank you. Iris Zuniga, Wendy Bahena. Good evening. Hold on, señora. One second.

Good evening members of the City Council. My name is Maria Torres. I work in District 5 and I'm a member of the Centro Cultural de Mexico. I represent home workers and people who are cleaning homes, taking care of children and the elderly. And I represent many families, many women who work in home care and work throughout Orange County and other counties. and I've been working for over 30 years so I want to fight with these women because we have the need to be included included in the laws well so that's why

I'm here supporting number 28 to expand voting rights and this we need to have more health and safety and we need we have a lot of concerns for over three years we've been fighting and the governor has not signed the law that is going to include us, and this is not fair because we have lots of issues, and this affects us in our health, depression, cardiovascular diseases, mental health, and many other issues. So I'm here to ask you for this. We have lots of experience in this. We need to get together and fight to

eradicate the exclusions, and we are here to create change, want to create change, especially with SB 686 because we need to be part of the society and we need to be included in the society. The work we do is valuable and our voice needs to be heard through via the voting.

in the health field. I live here in Santa Ana, I am a volunteer in our hands of the district number 5 and I am supporting the point 28 that affects us by exclusion and we want to be included in the democratic way to have correct decisions through the vote. Thank you.

Good evening, council members and mayor and public, general public. My name is Citi Zuniga. I'm from Honduras, and I work in health. I work in Santa Ana, a volunteer in District 5. So I'm here to support Item 28 because we want to be included and not affected. We want to be included in voting. Thank you.

Jennifer L. HallItem 4

Thank you, Wendy Bahena, followed by Danny Vega and Arturo Robles. Danny Vega, Arturo Robles. Wendy, go ahead.

Y estoy para apoyar el tema número 28 y espero ustedes también lo apoyen. Gracias.

Jennifer L. HallItem 4

Gracias. Danny Vega, followed by Arturo Robles, followed by Sylvia Avendano, please.

Good evening to all. My name is Wendy Vaina. I'm a mom of six Santaneros who study and work in Ward 5, and I'm a volunteer with Centro Cultural de Mexico and I work with Journeyman Network and I'm here to support item 28 and I hope that you support it too thank you go ahead hello my name is Danny Vega resident of Ward 3 I'll be quick I'm in support of item 27 but I'm actually here seeking information on behalf of myself and dozens of parents we would like to know what the process is when deciding what books are allowed in city libraries, specifically in bookmobiles.

As some of you have heard, a book called This Book is Gay was found at a bookmobile that was stationed in Lincoln Elementary by a teacher. Students were allowed to check out books throughout the day. So this book depicts in graphic detail how to perform sexual acts, how to use sex toys, how to find sexual partners through apps on your phone. It also talks about a story which I'll read to you. On my 16th birthday, I went to hang out at a guitar shop near my house. The owner was older and married, and we'd been flirting with each other for a few months. As the morning went

on, we got more and more tactile until we started rubbing. I'll stop there. This is wrong. This is not about being gay or straight this is sexualizing our children so again I would like to ask what the process is who was the one that approved such a book to be in our libraries and to the staff member that's thought this was a good idea to put this book shame on you shame on you shame on you and stay away from our kids Thank you.

Jennifer L. HallItem 4

All right, we can't have the noise, please. Please have some respect. Arturo Robles, followed by Sylvia Avendano, followed by Socorro Sarmiento. Thank you.

Buenas tardes. Me llamo Arturo Robles. Me crié aquí en el segundo barrio. And I urge no against item 28. Mi familia es de Socorro, Texas. Es una comunidad que es indígena.

All my grandmother was born and she was born in 1920. She didn't have to learn English, she didn't learn English, but she could not read her name.

So, it's a little ironic that after she moved to that condado, in Socorro, the impuestos of property were up to the most high in Texas, because they had to build public schools for children from Mexico.

and

then I think that that is not a thing that is that there is no respect in that way. People who come from another country to take the money from a foreign community without asking permission. So, to talk about it, I went to Mexico in 2002 to support los zapatistas. Entonces, desde Chiapas al Zócalo, yo me fui, llegué allá al Zócalo el primero de mayo,

y todos sabemos qué tipo de día es eso, y al fin, tin tan, yo llegué al recursorio Oriente del Norte. Entonces, ahí me dejaron sin cargas, pero la Nación de México me deportó porque yo violé los leyes de él. Gracias. Sir, your time is up. Thank you. Good evening. My name is Arturo Robles, and I was raised on second. I am here to support. I am number 28. I was, my family is from Socorro, Texas.

My grandma was born in Socorro, Texas around 1920, and she did not go to school, she did not speak English, and she could not write. But she could sign her name in order to vote, which is ironic because when she moved out from Socorro, Texas, the property taxes went through the roof, were the highest ones in Texas, and the excuse was because they were taxing the people to build public schools for the Mexican children. That's not very respectful that you bring people from other, or have people from other countries and tax them without their permission.

And I went to Mexico in 2002 to help the Zapatistas. I went from Chiapas to El Zócalo, and I arrived there on May 1st, and you know what that means. And I went to, I was put in jail with no charges, and then I was deported.

Jennifer L. HallItem 4

Thank you. Silvia Avendaño, followed by Socorro Sarmiento.

good evening my name is silvia vendaño and I'm here to support the number 28 and also to say that the word democracy means we have people, we have power power of the people and this is not this this is this was done by the men because they were the king and they said they were the king, they said that God put them and that God decided for the people,

but the people, as we are saying, demos, people, kratos, power, they said no, they had to participate, and then democracy is freedom, equality, plurality. And now we are here and we see that our grandparents were here, and here our grandparents, many of our friends lived 40, 30 years and left, left, left, without taking anything, without robbing anything, because they worked 40, 30, 20 years and never exited anything. But here we are for remembering that we are, we are, we are, we are,

because we want democracy and because we also want people to say Los pueblos y los hombres no se liberan solos, se liberan en comunidad. Y yo apoyo el número 28 y espero que ustedes también. Gracias.

Jennifer L. HallItem 4

Coro Sarmiento, after the translation, followed by Apoliono Cortez. I apologize for saying that wrong.

Good evening, City Council and Mayor. My name is Silvia Avendano. I'm here to support Item 28. and I'm here to say that democracy is people power demos means people and kratos means power so when the kings that you used to say that they were put there by God to tell the people what to do and we need that's where democracy was created to give power to the people which brings equality and plurality and And our grandparents lived here for 40, 30 years and left nothing. They lived here for all this time, and they never asked for anything.

So they left nothing, and they left without anything. So we are here to ask for this. We are here because we want democracy. And as Pablo Freire said, freedom is not won by oneself. Freedom is won in community. I'm here to support item 28.

Jennifer L. HallItem 4

Socorro Sarmiento followed by Apolonio Cortez followed by Larry Sims.

I hope that tomorrow we will listen to part of these presentations in the popular news that we have in the news, on the weekends, on the weekends, if you want to listen to it. I am resident of Santa Ana for more than 40 years. I have part of 30 years, 25 years, I have participated in the University of California as a professor, as a researcher. And I want to share with you my two great experiences in these 30 years of doing this work. In the research, the great collaboration of the workers.

I had the great opportunity to do work as an anthropologist in San Diego, in Los Angeles, here in Santana, working with construction workers, hotels, etc. And all of them were all that big taxes that they had to pay and that sometimes they didn't receive for their lack of legal documents. What happened with all that money that they collected for years of these jobs that gave them with much love, with much love, the work for their families?

The other conclusion that I have to do was the invisibility of these workers. Despite all the contributions, they never were represented. They didn't have the opportunity to participate in the education of their children. Thank you, your time is up. Your time is up. Thank you.

Thank you, Senora. Your time's up. Good evening. My name is Socorro Sarmiento. I'm a resident of District of Ward 3 in Santa Ana. I'm a co-founder of the Center Cultural de Mexico and here also with Community Radio Santa Ana. So tomorrow we'll probably hear some of what's happening here in our people news on Wednesday, Thursday, and Friday. I lived in Santa Ana for over 40 years, and 30, 25 years I've been UCI as a professor and researcher. And I want to share a couple of the findings that I've had over these 30 years.

One is with the collaboration of workers, and also I had an opportunity to work as an anthropologist in San Diego, Los Angeles, and Santa Ana. And I've had the opportunity to dialogue with construction workers, hotel workers, and their main complaint was the high taxes and that they never got back what they've put in. They've paid in taxes, gladly paid in taxes. Where did all this money go for all these years that they, with love and compassion, paid and working to feed their families? And the other issue was the invisibility of these workers,

and many do not feel are not represented and do not participate in the education of their children.

Jennifer L. HallItem 4

Thank you. Apolonio followed by Larry Sims followed by Chavita Sarmiento.

good evening alcaldes miembros of the council my name is apolone cortez so residente here santana for 27 years and the truth is that no I have 14 years participating here with the community and well my point principal is that I'm in support of the point 28 of the agenda and this is I want to say that it is very important that they are going to be approved, and I hope they will be approved, and that will bring many benefits to the community

that somehow lives in Santa Ana, but that also wants to participate in a more active way to enrich this city, which is the main goal. And I think that this is the opportunity for you as members of the Council of passing to history as something great that they are doing to the Santana community. And I think this is their opportunity to give you a good legacy to Santana community. And I believe that they will take a good decision and a correct decision. Thank you. Gracias.

Good evening, Mayor and Councilmembers. My name is Apolonio Cortez. I've been a resident of Santa Ana for 27 years, and for about 14 years I've participated in the community. My main point is that I want to support Item 28.

And when you pass this, and I hope that you do, this will bring many benefits to the Santa Ana community and this will enrich the community and enrich the city. This is an opportunity for the council members to make history, to make this great decision. It's an opportunity for you to have a legacy that will affect the Santa Ana community and I trust that you'll make a good decision. Thank you.

Jennifer L. HallItem 4

Mr. Sims if you can hold off one second. Chavita Sarmiento, please be ready, followed by Sarah Arpaio, followed by Jenna Narahaka.

I know I say that wrong. I apologize. Go ahead, Mr. Sims. Good evening, Mayor and Council members. I would like to remind everyone we do not live in a democracy. We live in a constitutional republic. Our founding fathers would dread the thought of us living in a democracy because they know democracies fail. I know that's surprising to many of us. the law is what a republic is based on. And laws can be changed, but they can also be changed to the point where they become meaningless. I think of all the people who came here legally, and I know there's certain situations, and they went through all the process

of becoming legal citizens like my father-in-law, Anna Harumi, and many, many others. And how fair is it to them that now anybody can vote? And there are fine-looking people here, but we can have criminals voting too. Is that what we really want? I know these are tough questions. I think this is a mess that our politicians have gotten us into. It's a Pandora's box. But you can tell that I'm opposed to 28 basically on legal grounds. And the other thing I want to say is where is our money really going? Are we really going to solve anything this way?

I'd like to know where our tax money is going. Is it actually solving problems and homelessness and everything else by just opening the door again and again and again to everything? Okay, that's the whole idea of putting borders and boundaries on things. All right, thank you.

Jennifer L. HallItem 4

Thank you. Chavito Sarmiento, followed by Sarah, followed by Jenna.

Hi folks, my name is Salvador Sarmiento, Salvador G. Sarmiento, legislative director for the National Day Labor Network. About 67 organizations across the country and about 20 of worker centers across the state of California were here to support number 28 and also a friend of the San Ana Families for Fair Elections Coalition. I was just going to make two very quick points. This first one is in the law related to voting rights and the history of the Mexican-American civil rights movement. There's a figure, homie, a guy named Joaquin Avila. And Joaquin Avila was

like, if there's a Mick Jagger of the Chicano voting rights movement, of the Mexican-American voting rights, civil rights movement in the US, that's Joaquin Avila. He's our Mick Jagger, right? And he published something about 30 years ago about the state of lack of representation of in the Southwest, specifically in California. And that was 30 years ago. And there was there was localities, there were cities where three fourths of the parents with children in the schools didn't get to have a say in what was happening in the local government. Three fourths of the parents in the schools. That's wild. That's

that's not the home crazy dude had something right. That's not democracy. That's closer to what they call apartheid, right? And so that was the first thing, is that that was 30 years ago, that's even worse. In Santana, I don't know what they do in Texas, but we don't do it like that here in Santana. And that's why we're proud Santaneros, because we do it the way we think it needs to get done. And that's to my second point, is that what you're hearing today is so beautiful. That's about civic participation. It's something that should be promoted, encouraged, celebrated, you know? And so we all ask you to show what side you're on,

the side of promoting civic participation, greater voting, or the side of fanatics and extremists and whatever Trump wants to do in Texas. So this is what democracy looks like. This is what Santana looks like, and we're here to celebrate that. And I hope that we can all continue to celebrate this process together.

Jennifer L. HallItem 4

Thank you, sir. Your time is up. Sarah, followed by Jenna, followed by Leo Campos.

Jennifer L. HallItem 4

Sarah, followed by Jenna and Leo Campos.

Buenas noches, miembros del concilio. My name is Sarai Arpero, I live in District 2, I'm in support of the 28th of the agenda. I'm a mother, I've grown four children in this city, I'm a person that I've paid my taxes every year. Also, my children are active in the community. I want to share that it's very important for the community to be able to exercise their voice through the vote. We have the opportunity to be one of the cities that can expand the right to vote for the community, no ciudadana. we are the ones who make this city great. During my 25 years of living in this city, I don't feel represented yet.

That's why I ask you to do what correct and support the number 28. The parents, brothers, sons and grandparents and all the non-candidate community should have the right to choose who put in the seats that you are right now, to improve our life conditions.

Jennifer L. HallItem 4

Thank you.

Good evening, members of the City Council. I'm Sarai Arpero, District 2, and I support Item 28 on the agenda, and I'm a mom of four children in the city. I pay my taxes, and my children are active in the community, and it's important for Santa Ana residents to have the voice heard via the voting. And this is an opportunity to extend the voting rights, and we want to have this vote. And I've been a resident of Santana for about 25 years, and I do not feel represented, so I'm here to support item number 28,

and I'm telling my children to do this, to support this, because we need to elect people to represent us. You are public servants, so you are supposed to serve us, to serve the community, and what Santa Ana wants is this, is to have voting rights which will bring equality with justice. And to have a true democracy, you need to have you, our representatives, working for us, for the community. Thank you.

Hello, my name is Jenna Narahara, and I'm here today with my supervising attorney, Annie Lai, representing UCI Law's Immigrant Rights Clinic. About 23% of Santa Ana's residents are non-citizens and do not have a voice in their local elections. Although the proposal being considered would be new for Southern California, non-citizen voting has been successfully implemented in many other charter cities. For instance, a number of charter cities in Maryland and Vermont have extended the vote to non-citizens in local elections. In fact, over a dozen cities in total in the United States have allowed non-citizens to vote.

Just last month, the first district court of appeal rejected a challenge to San Francisco's proposition N, which allows non-citizen parents to vote in San Francisco's school board elections. In doing so, the court of appeal unequivocally held that non-citizen voting is consistent with Article 2, Section 2A of the California Constitution, and stated that neither the plain language of the Constitution nor its history prohibits legislation expanding the electorate to non-citizens. In upholding San Francisco's Proposition N, the Court of Appeal further pointed to the fact that San Francisco is a charter city.

By virtue of being a charter city, San Francisco, like Santa Ana here, had the power to change its voting laws pursuant to the Home Rule provision of the Constitution. San Francisco's law pertains to school board provisions, but nothing prevents Santa Ana from adopting a similar expansion with respect to citywide elections. In summary, Santa Ana can follow the footsteps of San Francisco, Oakland, and other cities around the country that allow all residents to have a voice in their community. Thank you.

Jennifer L. HallItem 4

Leo Campos followed by Derek. I apologize, I'm going to mess up the name. You got Zarian. Leo Campos. Is there a Leo Campos? Derek. Followed by Alexis Theodoro.

Jennifer L. HallItem 4

So, thank you.

the support the community, the people, the power of their governments, their public servants. And I think that today we have the great opportunity to support them, but to support them, especially to a complete democracy, not fractured, not parched. And I invite you to support this point.

I think that any public service will feel more satisfied, more satisfied, more satisfied with knowing that they were elected by all the residents of the community who will serve, and not only for a part.

Thank you.

Good evening Mayor City Council members. My name is Leo Campos, District 5 resident. I've been a resident for 33 years. I support Item 28 on the agenda. I think that this is a basic principle to support the community, to have the people for the people to elect the people who are going to be governing us, our public servants. And today we have a great opportunity to implement and to support full democracy, not fractured democracy, not partial democracy. So I'm asking you and asking everyone to support this issue.

And this is, I believe all public servants would be happy to know that they are elected by all the people that they represent. Thank you.

Jennifer L. HallItem 4

Thank you. Derek, followed by Alexis Teodoro, followed by Mike Beans, please.

Good evening, members of council. My name is Derek, and I am a student at UCI Law. I stand here today in support of my fellow community members in calling on this body to expand voting rights to non-citizen residents of Santa Ana. Democracy is a pillar of American society, and voting is the most basic exercise of civic engagement. In fact, history shows us that 40 states in the country have historically allowed non-citizen immigrants to vote in elections. Non-citizen voting is as American as our founding principles of democracy. Non-citizens make up a significant part of Santa Ana's community,

as much as a third of our voting age population. To deny our citizen neighbors the right to vote in their city would be to deny a fundamental plank of American life. These immigrant members have been a part of our community for years, if not decades, and they have paid their dues, whether in taxes or in their community services, that make this city a better place. Extending the ability to vote and steer the direction of our city would be one way that we can acknowledge their contributions to our community and have their voices be meaningfully heard. heard. Above this dais reads, E Pluribus Unum, of many, one.

Either that motto means all our voices is heard, or we are not truly whole. I urge this body to follow the long trend in American history of broadening our great democratic project. More importantly, honor the contributions of our non-cisened residents that have made for the city. Grant them the right to vote and the dignity to have their say heard in their

Jennifer L. HallItem 4

community. Thank you. Alexis followed by Mike Beans. Alexis Teodoro followed by

Mike Beans. Good evening council and mayor. My name is Alexis Teodoro. I founded a project, a workers rights project that supports immigrant workers in Santana from recuperating stolen wages by employers. It's called a Tanayuka labor project obviously we're in full support of item 28 and I would like to quote Martin Luther King in a speech one of his major speeches in 1957 called give us the ballot this was given at when he was advocating and the whole movement led by African Americans in this country to give the right to vote for

African Americans give us a ballot and we will no longer have to worry the federal government about our basic rights. Give us the ballot and we will no longer plead to the federal government for passage of an anti-lynching law. Give us the ballot and we will fight our legislative halls with people of good will. Give us the ballot and we will place judges on the benches of the South who will do justly and love mercy. Give us the ballot and we will quietly and non-violently, without rancor or bitterness, implement the Supreme Court decision of May 17, 1954, which was a desegregation court case.

I quote Martin Luther King because as somebody that's part of the Latinx community, I have to acknowledge the folks who have put in the work to give us rights. Here tonight, it is not a radical move, but a progression of moves that the city has done for the last 10 years. We made the city of Santana Sanctuary. Many of you helped with that. We created the Legal Defense Fund, a model for the county. And now we must do right by folks in the community who have made Santana beautiful, who appear on the photos of this beautiful magazine called Culture. This is us. This is our people. One out of four people in the city are undocumented.

They're non-citizens. Giving them the right to vote is not only the right thing to do, but it is part of the historical democracy of this country.

Jennifer L. HallItem 4

Thank you. Your time is up. Mike Beans, followed by Darwin Nguyen.

Hi, good evening. I'm here to talk on two things. It's nothing that you guys have for tonight. I'd like to ask if you guys would consider raising the ticket for parking in the alley to maybe 250 bucks. I don't know if I'm allowed to show you or give these pictures to she you can give the items to her and then you have two minutes sir only um it's just really frustrating when you go home and you have people parking in front of your two-car garage I have to enter the alley to get in my garage the

Santa Ana police have been to my residence like 40 times the dispatchers they kind of chuckle and they say, oh, Michael, again. Last Thursday, I had an incident. I called the Santa Police. Friday, the officer came out at 817. The person that had that car there said, I'm going to move it right now. They didn't move it until 10 o'clock. So I called back. Whatever you folks are able to kindly do to increase the ticket for parking in the alley would be a true blessing. If I could

talk about one more thing. At 210 South Broadway, there used to be a fence that would prevent the homeless from hanging out in that area. The fence is gone. The only reason I'm bringing it to your attention to see if there's anything that you could kindly do at 210 south broadway is the gentleman uses the restroom i just think it's tough for in the morning if you're walking your child to school and it's first thing in the

morning that the kids see whatever you folks can do would be a true blessing thank you all

Jennifer L. HallItem 4

everything that you do thank you sir very much darwin nguyen followed by jesse with the last name of the initial S and Scott Sink please. Darwin Nguyen, Jesse S, hold on one second sir. Jesse S followed by Scott Sink.

Hi, good evening Miss Mayor and the Councilman. Dear Santa Ana, our family see potential and fell in love with this beautiful dynamic city.

Jennifer L. HallItem 4

Can you speak in the microphone sir please?

We believe in so much, we believe in so much that we decided to open a small business in the heart of downtown Santa Ana and hope for a bright future and for our family to be part of this great community. We took the risk and invest all our money and hopes and dreams in the opportunity in downtown Santa Ana on 4th Street. We signed a lease for 416 West 4th Street Santa Ana in February 2021 and opened our business August 2021 as Lava Kitchen and Bar. Our business to survive the COVID pandemic, now the myth of battling through the 4th Street totally

construction and in addition we got our dream stolen from us. Saturday, September 9th, our business was broken in. Someone claimed to be the new owner that they have a three-page lease for 416 West 4th Street, Santa Ana. A person named Christian Gonzalez who burglarized and destroyed our business and forced to threaten us if we do remain on the premise. We made numerous attempt to contact the police department but we're told to leave the premise. September, I mean Tuesday, September 12, police came by, verify all the document with the landlord, verify my lease and decided to remove them off

premise but they came back and now we feel hopeless, helpless and violated. We're still dismantled by this taking place in our business for the last three years. We had closed our business, our license, our permit and everything, but we continued paying rent as a trespasser illegally invaded our business and continued to destroy our property and our belonging. Trespass illegally violated as a family victim applied to every step instructed to do by the police department. We hired an attorney to file necessary paperwork. At this moment our family have faith in the city.

Jennifer L. HallItem 4

Sir your time is up.

But thank you so much.

Jennifer L. HallItem 4

Thank you sir your time is up. Jesse S followed by Scott Sink please.

This is unbelievable because it just blows my mind, but I'm from Mexico by the way, and I say no on 28. But I must say illegals do contribute to America. 924, assault, battery, and domestic violence.

644, burglary, robberies, larceny, theft, fraud. 1,749 driving under the influence, 24 murders, 1,560 illegal drug possession trafficking,

6,214 illegal entries re-entries.

232 illegal weapons positions transport trafficking. And you want to give these people the right to vote? Shame on you. I say no.

Jennifer L. HallItem 4

Scott Sink followed by Gia Dee. Gia Dee followed by Andrea Perez. Thank you sir.

Good evening members of the council. I'm here to help make America great again. We need to go back. We need to reclaim the republic envisioned by the founding fathers. We need to go back to immigrant suffrage which existed in the first days of the British colonies. It was practiced during the American Revolution. Where would the revolutionary army be without Lafayette? He was an immigrant. And what about Alexander Hamilton, another immigrant founding father? And even Mike Pence went to go see the Hamilton musical. So we need to reclaim the tradition

of American democracy. In fact, immigrant voting continued throughout the Civil War, throughout most of our history. It wasn't until 1924 when there was the first federal law preventing immigrants from voting in national elections. So for the majority of the existence of our republic, immigrants have been able to vote. There are 35,000 non-citizens currently currently serving in the armed forces of this republic that I am proud to call home. And with that said, please vote yes on item 28 and God bless America.

Jennifer L. HallItem 4

G.I.D. followed by Andrea Perez.

Hi, thank you. I'm here to express my opposition for non-citizens voting in elections. elections, in all elections including local, mayoral, city council, or school board elections. I am an immigrant. I immigrated here and followed the immigration laws. I waited the five years and submitted the documents and then I passed all the tests and requirements to become a naturalized U.S. citizen. When I swore my oath of allegiance to this country, I was proud to assimilate and abide

by the laws of this country. This is a melting pot that allows legal immigration from all countries. They come here for the freedom to pursue their dreams. I don't think that fighting for our country rights is radical right-wing issue like somebody said here. I'm not even a white supremacist as somebody said. It is a legal right, an issue of rules and laws. My father was a lifer in the US Navy, I want to honor his service by fighting to preserve the rights of Americans. Many legal immigrants, like my father, fought for the Constitution and the protection of this country. Citizenship has benefits.

One of our rights and privileges is to cast our vote for issues and candidates that can represent us. We have immigration laws. We have a naturalization laws. I urge you to preserve the laws that protect our rights as citizens. Noncitizens can apply for naturalization when the requirements are fulfilled. Noncitizens can participate in civics by attending meetings, speaking up on issues, and engaging in their communities. The goal to be a citizen is a privilege that they can work towards by following legal process. I doubt that I can go to another country and vote in that country.

Jennifer L. HallItem 4

Thank you. Your time is up.

To say no.

Jennifer L. HallItem 4

Thank you. Your time is up.

Jennifer L. HallItem 4

This time that concludes public speakers. We're going to go into the consent calendar.

Valerie AmezcuaItem 4

Mayor, I believe you had Andrea.

Jennifer L. HallItem 4

Oh, I'm so sorry. I apologize. Come on up.

Jennifer L. HallItem 4

And you're the last one. I apologize. Thank you.

Dear Mayor Amescua and City Council members, my name is Andrea.

Jennifer L. HallItem 4

Can you speak into the mic, please?

Yes, my name is Andrea and I'm here on behalf of America Bracho, our dear CEO at Latino Health Access. I'm here to strongly support agenda item 28, which calls for the exploration of expanding the electorate to non-citizen residents in the city. This is a crucial step towards fostering inclusion, encouraging political participation, and improving our community resources through increased stakeholder engagement. Moreover, it is a necessary move to bolster our democracy and ensure that all residents have a voice in shaping the policies that affect our daily lives, regardless of their immigration status.

It is deeply concerning that a significant portion of our local population, comprising nearly a quarter of our city's residents, is currently excluded from participating in the election of the officials who make decisions that impact us all. Non-citizen residents are vital members of the Santa Ana community, contributing to our local economy and the tax base. However, they are denied the fundamental right to have a say in choosing their local representatives. Expanding the electorate to include non-citizen residents will not only improve representation in local

government but also enhance our overall overall social fabric. It will allow Santa Ana residents to make decisions that directly affect their lives, advocate for their interests, and improve their social determinants of health. Inclusivity and engagement in the democratic process are vital for a thriving and just community. I urge the City Council to seize this opportunity to explore the expansion of the electoral and municipal elections to non-citizen residents. Let us work together to ensure that all voices in Santa Ana are heard and represented in our local government.

In the spirit of democracy, I believe that the decision should ultimately rest within our city's voters. Thank you for your attention to this important matter. I look forward to seeing Santa Ana taking a progressive step towards a more inclusive and vibrant community. Thank you.

Jennifer L. HallItem 4

Thank you. We're going to head on to the consent calendar items at this time. Consent calendar items number 5 through 24 are before us. Council members, please announce any items that you'll be abstaining from due to a conflict. and if there are any requests to pull an item from the consent calendar for further discussion do I have a motion a second to let me get the items that are pulled so let me start with

Johnathan Ryan HernandezItem 5

councilman Hernandez please like to pull item 20 and I'll move the calendar councilman Penelosa

David PenalozaItem 5

I'll pull item 13 and second councilmember Hernandez's motion councilmember Sarah I'd

Thai Viet PhanItem 5

like to pull items 23 and 24. Councilmember Fan. Thank you, Mayor. I'd like to announce my recusal from items 18, 21, and 22. As the IPS group and OCWD are clients of my employer and I believe in item 21 I have recused in the past so out of abundance of caution I will recuse myself from that. Thank you. Just for clarification you said

Jennifer L. HallItem 5

on item 18, 21, and 22? Correct, thank you. Great, thank you. Mayor Pro Tem?

Jessie LopezItem 5

Nothing to pull, thank you.

Jennifer L. HallItem 5

And Council Member Vasquez, I called on you? Nothing to pull. Great, thank you. Okay, there was a first and a second.

Valerie AmezcuaItem 5

Prepare to vote. Motion by Council Member Hernandez, seconded by Council Member Penaloza, to approve the consent calendar, with the exceptions of items 13, 20, 23, and 24, that are pulled for separate discussion and consideration, and a noted recusal by Council Member Fan on items 18, 21, and 22.

Valerie AmezcuaItem 5

Let's vote, please.

Valerie AmezcuaItem 5

Council Member Hernandez? Cast your vote.

Okay, thank you.

Valerie AmezcuaItem 5

The vote is seven ayes, no nays. Motion carries.

Jennifer L. HallItem 5

Perfect. At this time, you want to administer the oath of office, please, to Mayor Pro Tem's appointed member to the Police Oversight Commission.

Valerie AmezcuaItem 5

Yes, if Gabriel Castillo-Lofton could please come join me by by by by

by by by by by by by by by by

by by by by by by by by

I, Gabriel Castillo-Lawton, do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic. That I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California. That I take this obligation freely without any mental reservation or

purpose of evasion that I will well and faithfully discharge the duties upon which I am about to enter thank you congratulations thank you let's move on

David PenalozaItem 5

item 13 please thank you mayor I'm Esquire I pull item 13 which is very exciting item to approve an appropriation adjustment and award a construction contract in the amount of three million three hundred thousand dollars for the standard McFadden Park the reason why I pulled it was simply to say thank you to staff and a special thank you to the surrounding community that has advocated for years to turn this parcel into a much-needed park in the area the standard McFadden Park will transform the existing underutilized and poorly furnished city park located at the northeast corner of Standard and

David PenalozaItem 6

McFadden into a park with an abundance of amenities catered to serve the surrounding community. This new park will bring a synthetic soccer field, fencing, planter boxes, landscaping and also bring a skate park that's also much needed, multi-purpose basketball court, playground and fitness equipment, decorative signage, landscaping and a security system. This is a long-awaited win for the mini street neighborhood, Cornerstone Village, Madison Park and Pacific Park that are also surrounding in the area. So thank you staff. The only couple questions that I had or more of just requests that we could if we could

David PenalozaItem 6

potentially consider Madam City Manager as we move forward with construction of this project is that in the staff report I noticed that it made reference to to including chain link fencing. I'd like to see if there's ways that we could not have chain link fencing and have something nicer in the area that would avoid having chain link fencing and maybe a type of fencing that's nicer to look at, more aesthetically pleasing to the surrounding community. There's no reason why it needs to be chain link fencing. So that is one request that I asked for. And another one is in the Madison Park neighborhood association

David PenalozaItem 6

meeting a couple weeks ago there was a comment made that they'd like to see a blue light pole at this specific park and also made reference to the blue light pole unrelated at Madison Park that is out of service and hasn't been working for a while so I would hope that as we move forward we address and fix the one at Madison Park and look into the possibility of having one at Sandra and McFadden where this new park will be so those are only comments I I don't know if you have something to respond to that, Madam City Manager, is that something that could be looked at?

Certainly, Council Member. We will take those into consideration. Thank you.

David PenalozaItem 6

Thank you so much. With that, I will make a motion, happily and excitedly, make a motion to approve this item with those requests. Thank you.

Johnathan Ryan HernandezItem 6

Just had a quick comment, Madam Mayor. I just wanted to thank my colleague, Council Member Peña-Losa, because I know this was something he's been advocating for during my tenure here as a council member and it's an area where there is a definite need so thank you council member for advocating for children and families

Benjamin VazquezItem 6

councilman Vasquez I'm also want to thank council member Penelosa for his work on this and advocating for something better than a chain link fence we deserve something beautiful in that park in that corner and I appreciate the staff and the work that they put in as well. Okay let's prepare to vote. I have my hand raised.

Jessie LopezItem 6

It's not showing. Go ahead. I also just want to support the fencing requests. I'm personally a fan of the fences that have the bricks at the bottom and are a little bit raised because once you have chain link fences they tend to collect debris at the bottom and so I personally am not fan of chain link fences and if there is going to be a fence please don't have the spikes at the top pointing towards the community or pointing towards inside the park you know I think it's a great addition to the neighborhood a lot of the residents there make about $20,000 a year and so this is something that's

Jessie LopezItem 6

long overdue for them and I think that they're really gonna enjoy having a park for their children to play out so thank you

Jennifer L. HallItem 6

No other comments? Let's prepare to vote, please.

Valerie AmezcuaItem 6

The vote is seven ayes, no nays. Motion carries to approve item number 13.

Jennifer L. HallItem 6

Great, thank you. As we move on, I'd remind the council, do three minutes, three rounds. So item number 20, please.

Jennifer L. HallItem 6

This was pulled by?

Johnathan Ryan HernandezItem 6

That would be me?

Jennifer L. HallItem 6

Councilman Hernandez, yes. Madam Mayor? Yes, go ahead.

Johnathan Ryan HernandezItem 6

Thank you. So I pulled item 20 due to an abundance of interest from the public. Item 20 is an item where we are discussing approving a Master Service Agreement with Lexapol, LLC, to provide policy manual maintenance and to support the police department. Lexapol is a company that has been working with over 3,500 law enforcement agencies across 35 states. Notably, Lexapol proudly highlights that 95 percent of law enforcement agencies in California subscribe to their services. The challenge that we're seeing today all across this country is a divide between community,

Johnathan Ryan HernandezItem 6

which is our taxpayers, and law enforcement. That can be contributed to the increase of officer-involved shootings and fatal shootings that have happened across this country. Most notably, the murder of George Floyd. We did see an act for reform. The ban on the carotid choke was an important one for this country and for police reform. Santa Ana is tasked right now with being a leader in police reform efforts by rejecting Lexapol's contract. And instead, I do believe that for us to have a more beneficial relationship with community and law enforcement, we have to do away with Lexapol's contract.

Johnathan Ryan HernandezItem 6

Let's take a look at Lexapol's past practices. Contracting with Lexapol, I do believe, removes community involvement in the city of Santa Ana and creates a much larger divide between our police department. Lexapol has a long and storied track record of diminishing community involvement in various cities throughout the state. For instance, Pacifica Social Justice successfully urged its city leaders to discontinue the use of Lexapol's materials, arguing that Lexapol attempts to obscure the legal significance of the bill undermined the purpose of AB 392.

Johnathan Ryan HernandezItem 6

They also noted that Lexapol ensures that your officers act on outdated standards and your use of force review is inconsistent with the law. In Santa Ana, Chispa and the American Civil Liberties Union, SoCal, pressed the city to follow suit after reviewing Lexapol's use of force policy. Santa Ana City Attorney Sonia Carvalho notified Lexapol of the policy's legal deficiencies and its noncompliance with Assembly Bill 392. In San Luis Obispo, members of the Bend the Arc Jewish Action raised concerns about Lexapol's use of force policy,

Johnathan Ryan HernandezItem 6

which failed to align with the state law by continuing to use the term reasonable instead of necessary force. In response, the city revised its use of force policies. These are many examples of how Lexapol has attempted to skirt police reform efforts. Lexapol's policies do cost the city of Santa Ana millions of dollars in lawsuits. I do believe that Lexapol has advertised its policies primarily to protect law enforcement from accountability. Santa Ana has had an increase in litigation when it comes to excessive force, bodily injury.

Jennifer L. HallItem 6

Councilman Hernandez, you're over your three minutes so if you wanted to wait to the next round you can continue. Absolutely, thank you. Are there any other comments I see Jesse a mayor pro tem Lopez oh I didn't raise my hand yet it's up here anybody else if you guys can push the button because I have council man Hernandez and mayor pro tem Lopez mayor pro tem Lopez do you want to

Benjamin VazquezItem 6

speak or no no at the moment councilman Vasquez I'm in agreement with council member Hernandez because we have policies for police to have guidelines and we want to have narrow guidelines to make sure our community is safe. Lexipro enters and wants to have wider guidelines for the city not to be sued when the time comes and there's harassment issues. That was evident in AB 392, and they wanted to have wider guidelines than what AB 392 had.

Benjamin VazquezItem 6

The Santa Ana City Attorney's Office sent a letter to Lexapol in March 2020, stating their use of force policy was legally deficient and does not precisely comport with legislative changes, said forth in AB 392. I am worried that Lexapol will continue to want to widen guidelines instead of holding police accountable where we have asked them to do. Also Lexipol uses their services and has copyrights on their policies. I want to say that if we were to lose or we're gonna do Lexipol right now, what

Benjamin VazquezItem 6

rights do we have to our own policies that we have? Would we have to change them? How many wording would it have to do? So that copyright issue is always going to be over our head the deeper we get in with Lexipol. So this is why I have to vote no against this. Councilman Hernandez. Thank you Madam Mayor. An important topic

Johnathan Ryan HernandezItem 6

for us to look at as Santa Ana is drastically changing, moving toward the direction of progress and change and reform, we have to take a look at the conversation of police reform and where does Santa Ana stand? And how does Lexapol affect those relationships that are vital to the success of our police department? Taxpayers are the reason we have a police department. Lexapol has actively opposed police reform and legislation which was aimed at improving police practices and accountability. Lexapol dismissed AB 392's implementation and that exemplifies its attitude towards legislation that is

Johnathan Ryan HernandezItem 6

changing the way that police work in our communities. In addition to that, Lexapol did disseminate an outdated policy that violated AB 392 to their clients, including nearly 95% of California law enforcement agencies. In addition to that, one of the challenges that it is important for us to note is that they also lobbied to kill AB 392's predecessor bill, AB 931, and has likewise used their platform to oppose other similar reforms in workshops, promotional materials, and policies provided to police departments, Lexapol has consistently opposed de-escalation practices,

Johnathan Ryan HernandezItem 6

the regulation of the use of force, and the prohibition of police shooting into moving vehicles. There is an argument that was presented that there is no other alternative to Lexapol. There are numerous organizations that have developed their own policy guides for law enforcement. Many of those guidelines have been very hybrid. Some have favored on leaning on community, and some have utilized police oversight commissions to go ahead and study policy, to work with community to ensure these policies reflected in our police department are important to residents.

Johnathan Ryan HernandezItem 20

And so with that being said, for these reasons, I am not supporting item 20, and I cannot support Lexapost contract. It's time for the city to end this contract and transition towards having a community-oriented approach. building with our neighbors in order to achieve that I would like to make a motion that we allocate additional resources to the city manager's office for maintaining and updating the department's policies and number two is additionally the city should collaborate with the Police Oversight Commission to oversee and monitor these policies effectively my motion is on the floor a

Jennifer L. HallItem 20

second the motion thank you are there any comments so I'm gonna just really quick make a comment um and then i'll you know we can take up the vote here so we talked about de-escalation and what we need and santa pd and law enforcement and how did we get here today well we get here because people continue to talk about police in a negative way well i know that i was not here but santa pd just had an 11 hour standoff they waited 11 hours in the hobby lobby parking lot and did not shoot the gentleman did not assault him did not

Jennifer L. HallItem 20

tackle him not take him down they peacefully arrested him after 11 hours he had a gun taped to his hand and hobby lobby parking lot man with gun arrested 11 hours after standoff in Santa Ana parking lot forces store evacuation so talk about public safety so the reason I say that is because I do support Lexapol And yes, they do work with many, many different agencies, law enforcement agencies. And I think, you know, since I've been sitting up here and even on the school board, you know, because the Santa Ana Unified with so many schools and students only have 18 police officers,

Jennifer L. HallItem 20

and they're one of six school districts that have a law enforcement agency. But even the probation department who does not, has not had an officer-involved shooting, and that I'm aware of, knock on wood, by the grace of God, None of those probation officers have had to use their firearm other than one had to use it on a dog. So I do support Lexical. But I also want to be like, you know, we up here sometimes say, you know, police brutality, you know, shootings, you know, excessive force, things of that nature. You know, at the Chicano Heritage event, there was a stabbing. And I missed the last meeting and nobody talked about that.

Jennifer L. HallItem 20

It was a good event. I was there. But there was a stabbing in front of families, in front of children. San Antonio PD and San Antonio Fire went in there, handled it. There was an excessive force. I believe one of the council members were standing there because I know my family was sitting right there. I had cousins and aunts and uncles that were sitting right there, watched the whole thing.

Jennifer L. HallItem 20

So when we sit up here and say, you know, we need to bring in the community, I agree. And I'm glad the council prior to me joining this dais and becoming the mayor approved the police oversight committee and the commission. And now we have all the members. We were just waiting for one more. We already have a meeting set correct city manager. And when is that meeting? October 6th. Great. So on October 6th, the police oversight commission is going to start. Love to have their input. But at this point, we're here to either support Lexipol. We're going to take a vote and if it passes, great. We need it.

Jennifer L. HallItem 20

We need it for policies and procedures and Santa Ana PD like many other police departments across the country have been making changes to their policies and procedures and So I do support this item because we can't hold up training. We can't hold this up And so again, I want to remind people that you know We could sit here and my time is gonna run out again My time's gonna run out right now So let me see if anybody else wants to speak before I continue and I'll finish and move up

Jennifer L. HallItem 20

Councilmember Fan.

Thai Viet PhanItem 20

Thank you, Mayor. Thank you to my colleagues for your public comments as well as the public comments that we received by email. I guess Madam City Attorney or Madam City Manager, one of you, for clarification, if we approve the Lexapol agreement tonight, nothing prevents us from ensuring that the Police Oversight Commission reviews every single policy in the police department. Is that correct? Thank you. You said correct. Also, nothing in the agreement prevents us from terminating it for convenience sake. I believe it's 30 days or 60 days. Is that correct? I think

Thai Viet PhanItem 20

that's a nod. Yes. Correct. Thank you. And nothing in the agreement prevents us from bringing this back in a year in the event that we want to review whether it's been good for us, helpful, or not. Is that correct? Thank you. So for me, I agree that we need to have the Police Oversight Commission look at every single policy. I agree that we should work with our police department and the public on reviewing whether we want to continue any of the policies we have currently adopted. And I agree that the city attorney's office should continue as they have been to

Thai Viet PhanItem 20

review every template, policy, procedure, item that we receive from Lexapol prior to adoption. However, I do agree with the mayor also that we can't leave it until, you know, whenever the Police Oversight Commission is not just starting, but they need training, they need time to get involved. They're going to be not just reviewing policies, but they're also going to be potentially conducting investigations, reviewing investigations, and making recommendations. We have a lot that we're asking of them. So for me, I want to support this item only because

Thai Viet PhanItem 20

we need a ramp up or a ramp down, however you want to look at it, so that we can have our police oversight commission up and running, and as they make recommendations to us as to, for example, how many more attorneys we need in the police department to create or adopt new policies and procedures or whatever it is that they might recommend to us. And so with that, my vote with this would be yes. Thank you. Thank you.

Jennifer L. HallItem 20

Mayor Pro Temp-Lopez.

Jessie LopezItem 20

Thank you, Mayor. So Chief, I just want to speak directly to you because I know you were up here during our last public meeting talking to us about the history that department has working with Luxipol. And one of the key things that stuck with me, right, was that I think in the past two decades we've only used a handful of their policies. And so I think what that tells me is that our department is really carrying the burden of developing policies that are not necessarily being provided by Lexapro. And I think that's great. I know that that takes a lot of work, policy development. You can't just come up with one thing

Jessie LopezItem 20

and then put it into effect. And I know that because of my background in HR. And so, you know, and a couple of things that I want to highlight is that it was members of this council that brought to you in collaboration with Santa Ana resident, right, that we shouldn't be blinding people when they're driving I don't think that was a flexible policy and I see you nodding your head it was members of this council that asked officers not to be violating people's First Amendment right by playing you know copyrighted music it has been advocates that have pushed for reform and so it is not the issue with me it is not that you need policy

Jessie LopezItem 20

development support because I completely understand that the issue I think for me is that it should have been given to the police oversight and I do believe that we should be developing policies in-house because when you give it to somebody else that doesn't know our community that doesn't know the issues of our community that doesn't know maybe the cultural competency of the city you're gonna have a lot of gaps and I think maybe that is why we've only implemented a handful of the policies in the past two decades. I don't know why we've only implemented

Jessie LopezItem 20

a very minimal amount. I can only guess as to why. But I think that speaks to your leadership, not just adopting anything that is being given to you. And so I do think that our officers have the best knowledge of the community that they work in, even the folks that live in the city of Santa Ana and so for me long term whether it is working with a nonprofit a community provider another company does that doesn't have a history of opposing reform or directly working with their city's attorneys as I've said

Jessie LopezItem 20

before I would like to see this work be brought in house I don't know I don't think that that is a direction that the council will move in but I would just like to put that on the table for the city manager and for you to consider for future reference I think bringing it in house is going to provide job opportunities union job opportunities for people to come and be part of this workplace and so I don't you know ultimately believe that we should engage with corporations that are known to have a history of engaging in certain practices or records with past misconduct and ultimately finally

Jessie LopezItem 20

culture is not about an individual actor or or actions culture is about what emerges from a collective set of norms so thank you thank you we remind everybody

Jennifer L. HallItem 20

again three minutes councilman Vasquez thank you my negative views of Lexiple

Benjamin VazquezItem 20

have nothing to do with the service of the chief or our police officers I'm more worried of the Lexiple's influence over other communities that don't have that that culture of professionalism that we carry here in Santa Ana and the support for our black player as they acted with the issue of deadly force and AB 392 and what other what other issues are gonna happen across California across the country with us supporting Lexiput with this the reckless kind of policy that's

Benjamin VazquezItem 20

gonna influence maybe not folks in Santana but it's gonna influence how police behave in other communities and that's why I'm not supporting flexible

Jennifer L. HallItem 20

Councilman Hernandez did you have your hand up again yes that is correct madam

Johnathan Ryan HernandezItem 20

thank you I just want to thank my my colleagues for the dialogue we're not always going to agree up here but I I do also want to remind them that there are constituents in my district that may be those experiences those lived experiences don't always exist in theirs. But in Ward 5, there are many symbols of pain across this district that are shining examples of excessive use of force and the pain and the trauma that police violence does create sometimes in communities that are impacted. Santa Ana is a community that has

Johnathan Ryan HernandezItem 20

been impacted for generations. So I want us to remind ourselves that our job is to build fruitful and healthy relationships with our community and with law enforcement. I believe that having us work with our department in hosting policies, you know, through our city manager's office with the police chief, I believe that for us to be able to do this in-house is going to create a sense of trust that we simply don't have. And that's important to taxpayers and to our residents. Let's take a look at Bruce Prayett's history. I know Lexapol has stated that Bruce Prate is no longer with them. He's simply a co-founder.

Johnathan Ryan HernandezItem 20

Well somebody who has that much influence to found a company had comments like this to say, I don't understand why cops have this inherent need to take bloody photographs of suspects after they get into a fight or whatever with the bad guy, said Bruce Prate, an attorney and former officer. You guys are taking photos of this guy when they look like their face has been through a meat grinder. Their white shirt is crimson red and you're snapping colored pictures. stop it clean them up pray it was advising officers on their webinars which are now removed from their website on how to protect their departments and

Johnathan Ryan HernandezItem 20

his customers from costly legal settlements I know our chief of police stated since we have adopted Lexapol's policy manuals we have not seen a direct correlation to the lawsuits and Lexapol's contract I disagree Lexapol's policy manual is about protecting cities from litigation. Over the past 10 years we've seen 24.5 million dollars in lawsuits. This is an issue that's affecting you. It's affecting your family and at the very worst it can take your loved one. If we don't strengthen reform by bringing our residents to the table, this police department will not belong to you. There will continue to be a disconnect.

Johnathan Ryan HernandezItem 20

So the formula is, let's bring our neighbors closer together with law enforcement. Let's give them the respect that they deserve to be decision makers in the community. They fund this police department. It's only fair that their voices are considered and that their experiences have the respect that it should be afforded. That's going to conclude my comments on Lexapol. and in closing you know it's important that we make decisions that are good for our community and the police department has an opportunity to listen to residents and receive input from them and I believe that this is a step in the

Jennifer L. HallItem 20

right direction. Thank you Council Member Hernandez. Go ahead Council Member Fran.

Thai Viet PhanItem 20

Thank you Madam City Attorney or Madam City Manager would you characterize or maybe Mr. Police Chief would you characterize the use of Lexapol say akin to having a library of resources in which you can go pick out what you need use it if you need to, don't use it if you don't want to. Is that a pretty...

Councilmember Fan, I would agree with that statement. They are highly customizable, and that is in fact what our police department does.

Thai Viet PhanItem 20

Thank you. I think that everybody, and I'm sorry for maybe trying to speak for everyone up here, but I think all of us supported the Police Oversight Commission one way or another. All of us have said that we want to empower the Police Oversight Commission to engage with the community, to work on policies, and all of us have said that we demand that the City Attorney's Office, the police chief, work with the Community Police Oversight Commission to review policies and procedures. I don't think that that is a disagreement with anyone up here. Please correct me if I'm wrong.

Thai Viet PhanItem 20

But I think that it would also be very difficult to, what I think, pull the rug from under our police department and our city attorney's office without a current alternative. Right? And I know that we say we want to hire in-house. I agree. Let's work toward that. Let's see what our police oversight commission says they need. We don't know if we need two, three, four attorneys. each of them you know cost over $200,000 we'd have to do a budget amendment to do that I'm again supportive of that but I think that it's important that we have

Thai Viet PhanItem 20

the stopgap so that we don't lose the ability to see what's out there to ensure we get updates and to get template manuals and policies and procedures and still work on that and still review those things and still bring it back to the City Council or the Police Oversight Commission for a view. And that concludes my comments. Thank you. Thank you very much. Councilmember

David PenalozaItem 20

Penelosa, please. Thank you, Mayor. And I want to thank my colleagues for the for the respective dialogue up here. It's always nice to hear the different perspectives. But I do want to say that and thank you Councilmember Fan in particular for those comments that you just made. At the end of the day, this is a tool and a library for our police department to use. I mean, There are many checks and balances in our city that we operate under. You have us as policymakers. You have the chief of police, his leadership, and you have many layers in the police department

David PenalozaItem 20

and our police commission that are going to be overlooking these policies, implementing them, looking what works, what doesn't, and what we also want to see. I know that the high beam flashing thing, that was something that I brought forward to the police chief, The POA-endorsed candidate, air quote, brought that forward and said, hey, I don't like that. I don't like what they're doing. And our police chief addressed it, but it's still being used if and when it is appropriate or deemed necessary within our police department, which I'm okay with.

David PenalozaItem 20

So, I trust our police chief, I trust our city management to be able to do these things and vet them through the police commission, through the city council. There are numerous layers here. It's not just a free-for-all where whatever policy that Lexaport throws out there, we're going to automatically adopt no questions asked. That's not how we operate, and that's not how we will operate. So with that, thank you, colleagues, for the dialogue. I will make a substitute motion with the recommended action to approve item 20, Mayor.

Jennifer L. HallItem 20

And I'll second it. So let's vote on, I'm sorry, Councilman Hernandez, did you have anything you'd like to say? I thought you said you were done. Okay. So let's vote on the first motion from Councilman Hernandez. Actually, it would be the sub-motion, Mayor. Go ahead. So I seconded the sub-motion.

Valerie AmezcuaItem 20

Yes. So the motion on the floor is the substitute motion to approve item number 20 as presented, made by Council Member Penaloza and seconded by Mayor Mesquois. Let's vote, please. The voting is open.

Valerie AmezcuaItem 20

the vote is four four eyes three nays nays by council members hernandez

Valerie AmezcuaItem 20

vasquez and mayor pro tem lopez motion carries thank you i'm off to item 23 please

Phil BacerraItem 20

thank you mad mayor i pulled this item and uh so first i wanted to thank our staff for drafting the policy and i wanted to thank council member fan for bringing this item forward last year The only change that I wanted to see made to the draft policy would be in Section 2, where I would like to require a consultation with the city manager and the city attorney, not just to inform them. And I bring that up as, for example, when I brought forward the public intoxication, detention, and service offering policy, I scheduled a meeting with the mayor, I'm sorry, the mayor, the city manager, city attorney, and our assistant police chief.

Phil BacerraItem 23

We had a productive conversation, and after having that meeting, I was able to go back, slightly revise my proposal, and then inform our clerk and submit it to her. So those consultations with our professional staff help the council avoid discussions about the impractical and the impossible, at least hopefully significantly limit them. So I would like to move this item, but I'd like to modify section two to require a consultation rather than just to inform the city manager.

Jennifer L. HallItem 23

I'll second.

Phil BacerraItem 23

That's my motion.

Jennifer L. HallItem 23

I second. Any other comments? Seeing none, let's prepare to vote.

Jessie LopezItem 23

I guess I need clarity on your suggested amendment. By consultation, do you mean that it's...

Jennifer L. HallItem 23

I'm sorry, can you make sure you push your button? and then I know you want to speak. So go ahead.

Jessie LopezItem 23

So by consultation with the city manager, if the city manager says, you know, my advice is that you don't, would that be the end of it, the end of the discussion?

Phil BacerraItem 23

No, no, no. As a council, we can bring items forward. It's not that she's the backstop that prevents us from doing it, but it's just a matter of, I think there's a lot of times where we have items come in before us that it's just simply we've informed them And I think just a simple conversation with our professional staff might alleviate some of these items that come before us that, again, are impractical or not allowed.

Sonia R. CarvalhoItem 23

And Mayor, may I add a comment to that? Like, for example, I can give you a very firm example. The mayor came to me with a couple of items that she had that she wanted to consider putting on the last time. And I asked her a few questions. I figured out that at least for one of them, arranging a meeting with staff would actually address all of her questions. and it would avoid having that item. If she had said to me, no, thank you very much, I met with your staff, but I still want the item on, she had every right to continue and place that item on. I personally believe it would be helpful to have a consult.

Sonia R. CarvalhoItem 23

It actually prepares us and makes us better prepared. Sometimes we don't see your proposals until the very day that you present them. Got it, understood, thank you.

Thai Viet PhanItem 23

Council Member Finn. Thank you. Thank you, Council Member Becerra, for providing that clarification language. I guess the only thing I would say is I know Madam City Clerk is very important, but I'm not sure if consultation with Madam City Clerk is necessary when it comes to this item. Obviously they need to be informed, whoever the City Clerk might be, so that would be my only request to inform the City Clerk, but consult with the City Manager and City Attorney.

Phil BacerraItem 23

That was exactly what I said.

Thai Viet PhanItem 23

Okay, I'm sorry, I heard consult with all three of them, my apologies.

Jennifer L. HallItem 23

No, he said consult with the city manager, city attorney.

Thai Viet PhanItem 23

Okay, thank you, my apologies for that. So, let's prepare to vote, please.

Valerie AmezcuaItem 23

A motion by Councilmember Becerra, seconded by Mayor Emesqua, to adopt resolution of the City Council of the City of Santa Ana approving the City Council policy regarding Councilmember requested items as amended for section 2 to have the council member consult with the city manager and city attorney prior to just informing them thank you and the vote is six eyes with one absence by council member hernandez motion carries thank you very much item 24. i'll make a motion to

Jennifer L. HallItem 23

proof. Hold on, pump the brakes. I pulled the item. Thank you. Yeah, let's hold on one second. It's been moved and seconded. So Councilman Pesara. Thank you, Madam Mayor. And Councilman

Phil BacerraItem 24

Pesara, thank you for the desire to get this done. I appreciate it. I just do want to add one thing. I'm not going to propose any alterations that would trigger Charter Section 413 and and cause a new first reading. But given the concerns that I had at the previous meeting, I would like to move the item, or I guess add, or have a friendly amendment, but really it's just direction to staff to have signs installed that actually say school speed limit 25. I know there's state law that says you have to go 25, but in driving around some of those segments that I mentioned last time, I would say it was probably about 50%

Phil BacerraItem 24

where you actually had signs that say school speed limit 25 and others there wasn't and I think we just need to be more clear I think adding the signs at the very least would be important for those particular areas so if I could just real quickly read the following eight locations and I can email the list to the clerk city manager and director Saba but real quickly just to read into the record westbound Edinger at rate southbound center street north of Borchard southbound center Street immediately south of Ettinger, southbound Greenville south of Ettinger, eastbound St.

Phil BacerraItem 24

Andrew at Greenville, northbound Greenville north of Harvard, northbound Greenville north of St. Andrew, and eastbound Alton west of Greenville. I second.

So that would be subject to resources being available, sir, would be my only clarification. Perfect. Thank you.

David PenalozaItem 24

I will accept the amendment. Thank you.

Jennifer L. HallItem 24

Can I, I want to add also the, Nabil, I think we were in a meeting or your staff adding the area around Sonny Ogle Elementary, please. I can give you the street and the area that was shared with me during the meeting. Thank you. Councilman Vasquez.

Benjamin VazquezItem 24

I would just like to thank Councilmember Vecetta for adding those stops, those school signs in those areas. I really appreciate, especially since we have so many kids and especially for advocating for Center Street. Thank you so much.

Jennifer L. HallItem 24

Okay, great. And then the question I have, Madam City Manager, will those include the flashing lights we talked about?

Jennifer L. HallItem 24

The ones that slow down, not just the speed limit signs, but we had discussed previously the flashing lights so people know around schools and to slow down. Because, you know, with my coffees with the mayor, I have been really productive. And what I learned from the fire department at the Coffee with the Mayor in West Floral Park that our assistant city manager was with us at with the other staff, so thank you all, is the fire department shared that oftentimes when we put speed bumps, I've been asking, I think some of us up here ask for speed bumps or speed humps, whatever you want to call them,

Jennifer L. HallItem 24

that it makes it difficult for them because they have to slow down so their response time can be affected. And so I would surely like them to respond to my house if they're coming rapidly, right? I don't want them to have to slow down because of speed humps or speed bumps or roundabouts. So we talked about flashing lights, slow down flashing lights and things of that nature. So whatever staff has their expertise and you do to use to make this happen, we appreciate it.

So does that work for you, Councilman Panalosa?

Jennifer L. HallItem 24

Yes. Thank you. All right. There's a first and second. And let's prepare, I'm sorry, Councilman Hernandez, go ahead.

Johnathan Ryan HernandezItem 24

Just wanted to say I was fully supportive, Madam City Manager, of the comments from my colleagues here, Mayor Mesquah and Councilmember Phil Becerra. So I fully concur.

Jennifer L. HallItem 24

Thank you. Let's vote now.

Valerie AmezcuaItem 24

I have my hand up.

Jennifer L. HallItem 24

Oh, I don't see it here. Madam Clerk, can you check the computers because it's not working. Go ahead, Mayor Pro Tem.

Jessie LopezItem 24

So, yeah, so I'm very supportive, particularly because this gives police officers the authority to enforce speed limits as we learned during the last council meeting and to the maker of the motion with the speed signs would you accept adding it in the area of John Muir and Santiago Elementary so I guess since I

David PenalozaItem 24

was a maker of the motion I guess I would amend my motion to because I know there's numerous areas in our city that that this could be applied to and and and it's needed. So maybe, I'm not sure if, and I'll defer to you city manager and public works director, maybe there's a way that we could go citywide and assess where these, I mean all the locations are unnecessary. I don't think there's any school site or vicinity that wouldn't be, you know, have this necessary. So any thoughts on that city manager?

Certainly, Councilmember Penelow. So my understanding is that the council majority is very supportive of having posted speed limits when adjacent to a school. So state law, whether it's posted or not, exists for a 25 speed limit when it's adjacent to a school, whether posted or not. But I understand your desire to help educate the drivers along those areas that it is, in fact, speed limit of 25. We certainly can evaluate, particularly the elementary schools and where we have signs and where we don't. But once again, I will say that it will have to be, the plan to implement will have to be done according to the resources available.

David PenalozaItem 24

Yeah, then that became my thought, because one or two signs, okay. But when, I mean, it will become very costly, I imagine.

David PenalozaItem 24

So I guess I'll defer to my colleagues on how we want to proceed.

Jessie LopezItem 24

Can I ask a question? I'm fine with your recommendation of doing an analysis of what areas have one and what areas don't have one and based on the resources that have been allocated. And so I'm supportive of citywide as opposed to just cherry-picking locations.

Jennifer L. HallItem 24

Okay. Madam City Manager, there's a traffic study still happening, correct? Or did we finish the survey?

You want to answer that question, Executive Director Nabil Safa?

Jennifer L. HallItem 24

You can come on up here, please. Thank you.

I'm not sure what was the question.

Jennifer L. HallItem 24

The traffic study, is that still occurring at this time?

The residential parking is not finished yet.

Jennifer L. HallItem 24

So it's a parking, but we're not doing the citywide traffic. So what the council is asking up here, do you have that information or will you have to do another study?

What we've done on this item is a speed study for the entire city selected streets. It's already completed. That's done, yes.

Jennifer L. HallItem 24

Okay, great. Thank you. Okay, let's prepare to vote. There are no other comments or questions. I think Madam City Manager, you're clear? Thank you.

Valerie AmezcuaItem 24

A motion by Council Member Penaloza, seconded by Mayor Pro Tem Lopez, to adopt an ordinance of the City Council of the City of Santa Ana repealing and reenacting in its entirety Article VI of Chapter 36 of the Santa Ana Municipal Code establishing prima facie speed limits and direct staff to install speed limit signs at school sites as resources are available.

Valerie AmezcuaItem 24

And the vote is 7 ayes, no nays. Motion carries.

Jennifer L. HallItem 24

Thank you. We've already covered public hearings. We're going to Councilmember request items.

Sonia R. CarvalhoItem 24

Madam City Clerk, was there an actual vote on number 25? I know that you did vote. I just wanted to make sure. I know that you asked if there was a public comment, but I don't recall a vote.

Valerie AmezcuaItem 24

Yes, the motion was by Mayor Mesquilla, seconded by Councilmember Hernandez, and the vote was 7-0. Okay.

Jennifer L. HallItem 24

So we're going to go to Councilmember requested items at this time. Mayor, I'm sorry, Madam City Attorney, is there anything you'd like to cover before we begin?

Sonia R. CarvalhoItem 24

Yes, Mayor and Councilmembers, I just wanted to briefly, since we had the item on the agenda tonight with respect to your Councilmember items, give you a brief reminder under the Brown Act. The Brown Act, which is the open meeting law in the State of California, requires that every written agenda must be prepared for all of your regular or special council meetings. And all of your items of business on your agendas has to include terms and discussion to let the public know exactly what you will be doing with that item. So I wanted to remind you that this item on your agenda, the council member requested

Sonia R. CarvalhoItem 24

items, these are items that you bring before the public to ask if you would like to refer them to staff for further work so they can be brought back to you as business items. To ensure that you stay within the parameters of the Brown Act, I recommend the following procedure. The sponsor or sponsors of an item should be allowed to explain the reason or reasons for their request. I know that they also include those reasons now in a written report that is submitted with the agenda. That they be given an opportunity to explain why they support the measure and that then

Sonia R. CarvalhoItem 24

Then each council member be given their three minutes under your rules of decorum to discuss why you might oppose placing this measure before the council on a future agenda. Once this has been done, I'm recommending that the council would vote on whether to advance the item described or not advance the item. I really caution you not to get into extended debate. This is not the time for that debate because the debate would occur if the item is moved forward. And then if you want to spend two hours or three hours debating the item or whatever the chair might allow, that would be the appropriate time to do so.

Sonia R. CarvalhoItem 24

So with that reminder, Mayor, you can proceed with item 26.

Jennifer L. HallItem 24

Thank you very much, City Attorney. I really appreciate it. Item 26, Council Member Fanon, I missed the last meeting. I apologize. So I know there was a discussion, and so we're correct?

Thai Viet PhanItem 26

Yes, for a separate item, but related.

Jennifer L. HallItem 26

So I'll let you go ahead and again once explain it in three minutes and then we'll go from there. But can I just say something really quick before you start? So in meeting with city staff, I learned that there are previous practices, there's an ad hoc committee that was created. So I just want to bring that to your attention. So I'll address that as you go on. Go ahead.

Thai Viet PhanItem 26

Thank you, Mayor. Madam City Attorney, this one is pretty simple. I would like to direct staff to prepare a resolution or a City Council directed ballot measure for the November 2024 general presidential election relate to affirm the city of Santa Ana's rent civilization and just cause eviction ordinance with some flexibility similar to what we have in the cannabis ordinance to provide for future amendments by a supermajority vote again similar to what we have in the cannabis ordinance. Thank you.

Jennifer L. HallItem 26

Thank you very much. I have only two speakers up at this time. Councilman Hernandez, three minutes, please.

Johnathan Ryan HernandezItem 26

Thank you, Madam Mayor. I just want to thank my colleague, Councilmember Phan. I'm fully supportive of us considering directing the city attorney to prepare a city council initiative ballot measure for voter approval affirming the city of San Andes rent stabilization and just cause eviction ordinance. I'm supportive of the item. Thank you.

Sonia R. CarvalhoItem 26

And Mayor, if I can just clarify one thing, I know that I stated that it would be required to have a vote, but as we go through the comments, if it's easy for the city manager to keep track and you get to that four, you are not required to have a vote.

Sonia R. CarvalhoItem 26

She's pretty good at a majority. I misspoke on that and I wanted to let you know.

Jennifer L. HallItem 26

She just needs a majority. All right. Mayor Patel Lopez.

Jessie LopezItem 26

Thank you. Yes, so this is asking for voter approval affirming the city of San Anas-Ruant civilization, just cause eviction ordinance to be placed on the 2024 ballot. I'm happy to see options come back and that should include some sort of timeline in place.

Jennifer L. HallItem 26

Councilmember Vasquez.

Benjamin VazquezItem 26

Thank you Councilmember Pham for putting this up for discussion. I am complete support of this as I am complete support of our families here in San Ana. Thank you.

Phil BacerraItem 26

Councilmember Becerra. Thank you, Madam Mayor. It has been a standard practice of the City Council here to convene a Charter Amendment Review Ad Hoc Committee to explore possible charter amendments that could possibly be brought forward to the voters at a regular scheduled election. Since Councilmember Fanza item proposes to bring the item or I'm sorry, the potential ballot measure to the voters in the November 2024 election I see no reason why we need to discuss this any further until the spring of 2024 when the mayor would convene a charter amendment review ad hoc committee so not sure why we're

Phil BacerraItem 26

jumping the gun so early I think we're gonna if we're gonna put this on the November 2024 ballot then this should be something that we discuss along with any other proposed charter amendments thank you thank you Councilmember Fenn

Thai Viet PhanItem 26

Thank you, Mayor. I would like to clarify that I'm not looking for options. I'm looking for a Council Directed ballot measure via resolution with this specific item to come back on, I think, two meetings from now. That would be October 17th, if you think that that is doable.

Thai Viet PhanItem 26

Thank you.

Jennifer L. HallItem 26

Council Member Panalosa.

David PenalozaItem 26

Thank you, Mayor. And thank you, Council Member Fan, for agendating this item. And Council Member Serra for your comment. I half agree, half don't, in regards to the timing. Just any time that something is going to go to the voters, you know, I intend to support it. Although I don't agree with the idea, it's important that if this is something that's going to go to the voters, you know, that the voters have a say. However, I do want to, because I see that this is a potential ballot measure, there is another potential ballot measure on another item on this agenda tonight.

David PenalozaItem 26

And I know that there's, I've heard from some colleagues up here that they also want to look into everything from changing the city charter to ordinances to even compensation.

David PenalozaItem 26

I anticipate that there will be, you know, at the rate we're going, 10 ballot measures on the 2024 general election. What does that look like in regards to cost and process for legal, for staff preparation time? So I would hope that, and this is what I meant by agree with Councilmember Becerra, half agree, because I agree that we should maybe look into starting an ad hoc, but not waiting into spring of 2024, starting it now because I led the ad hoc to look at the last charter amendments back in 2020 and that was like a year process of how much work that

David PenalozaItem 26

that each potential ballot measure requires. So I would that would be my ask and recommendation is that we put one together immediately so that we could look at the numerous everything from the voting the rent stabilization charter amendments compensation a form of government I don't know what else wants we want the voters to look at but I think it's important that we we really seriously discuss this and have a full staff that is dedicated to every ballot because I know that this isn't these two that we have tonight won't be the the

David PenalozaItem 26

the first or the last and we will have numerous questions before us over the next couple of months so those are my comments mayor thank you so just for

Jennifer L. HallItem 26

clarification when you say compensation this is this discussion that several that you had before I joined as mayor were you there was a request for council members to increase their pay is that correct that was used as an example

David PenalozaItem 26

but that was one of the questions that was proposed of a charter amendment that we nixed.

Jennifer L. HallItem 26

Yeah, there's several things that have come our way for an ad hoc. Thank you. Mayor Prochema-Lopez?

Jessie LopezItem 26

Yes, sorry. Councilwoman, thank you for clarifying your language and the intent of the language. I said options. I'm fully supportive of bringing back the RASA within two weeks. Thank you.

Jennifer L. HallItem 26

So I see no other speakers. Madam City Manager, I'm actually in support of Council Member Penelosa's request that we create an ad hoc and we bring it all to the table instead of picking, cherry picking and what we're going to bring in 24 and bring it now, bring it later. And because, as he had indicated, his experience with charter amendments was a little over a year of work. And so we need, as we all sit up here and say we want to involve community and be transparent then whether it's you know council members asking for an

Jennifer L. HallItem 26

increase whether it's you know taking something to the ballot whatever it may be the list that you have I think an ad hoc committee is appropriate so I would

support that okay so based on my notes I do see a majority direction to move forward with what council member fan has requested tonight. There are three of you that are interested in forming an ad hoc, so I guess my question would be, do you still want to create an ad hoc to look at other potential charter amendments? I would. Because that's something that you can do, Mayor, at any time, it doesn't require a vote to do so.

Jennifer L. HallItem 26

Yeah, it doesn't require a vote, so I would, because otherwise we're gonna set up here and continue to add this and add that, and then we're gonna be spending, The staff is going to be spending a lot of time doing a lot of work when we can just bring the ad hoc committee together. Councilman Penelissa?

David PenalozaItem 26

Yeah, Mayor. And I think the city manager just answered the question I had. But for the city attorney, I was going to ask, I believe that there would be majority support for both, it looks like. I know only three of us voice support for an ad hoc now. but I think that given the conversations we've had over the last couple of years, I think there are four to move forward with a standalone ballot, which is, you know, it's the prerogative, it's fine, but there's also, there could be four to also do the former of looking at all the others, because I know that the last

David PenalozaItem 26

time we did this, there were 20-plus potential charter amendments, which is potential ballot questions, and it was a heavy task to do, and I anticipate that happening again so that wouldn't require another item so it's

Sonia R. CarvalhoItem 26

like that discussion is not part of what was agenda is for here but I'd be happy to speak with the mayor about that process and she can without a vote of the council appoint an ad hoc committee with city manager staff and the city attorney's office so we can discuss that with her separate and apart from this perfect but I think that we I've heard direction to bring back in two weeks materials related to this item. Okay. We're good. Is that correct?

I would defer to our city attorney as to whether that timeline is reasonable.

Sonia R. CarvalhoItem 26

Because your ordinance is completed, we can do it. I would ask that you just give me a little leeway in talking with the city clerk's office because it involves her office as well, some of the election resolutions specifically. I know that I could do the ordinance that's required and we could prepare some of them so could we strive to bring it back in two weeks I'm sorry and not two weeks the second meeting in October right what was the proposal

Jennifer L. HallItem 26

councilman Farrar asked for it to come back in the next council meeting so

Sonia R. CarvalhoItem 26

you're asking for the only reason is because councilmember Farrar's other item you asked us to bring the ordinance back in two weeks and we were gonna to wait to see how this item turned out because we still have to work on that. So if we could, we can strive to do it. I just don't want to over promise.

Thai Viet PhanItem 26

That's fine by me. I also mentioned October 17th. Okay.

Jennifer L. HallItem 26

Madam city attorney, you also include the costs, correct?

Sonia R. CarvalhoItem 26

That is the other part that I would have to collaborate with the city clerk's office.

Jennifer L. HallItem 26

Right. We're always up here talking about costs. How much money are we spending on elections or whatever we're spending money on?

Sonia R. CarvalhoItem 26

Because this will be part of a regular municipal election. It would not be as expensive as a standalone special election, but there's still cost for each measure that you add to the ballot.

Valerie AmezcuaItem 26

That's correct. So each measure that gets added to a citywide ballot, which we will have in 2024 because we will have the mayoral seat and then the three ward seats, does come at a cost. My past experience in another jurisdiction was that a citywide ballot initiative would be about $8,500, But I would have to confirm that with the Register of Voters. And again, I don't know how much budget estimating they've started to do for next November already, considering they are working on two special elections and they have the primary in March. But we will do our best to get that information.

Jennifer L. HallItem 26

Great. Thank you. Last comment.

Phil BacerraItem 26

I'm sorry, Councilman Becerra. Thank you, Madam Mayor. It's just more of a clarification, just so I can understand. Council Member Fian, is there a reason why you want this particular ballot measure to be brought back to the council so quickly rather than put it in with the rest of the potential ballot measures that would go before the charter ad hoc?

Thai Viet PhanItem 26

Yes, because it's important.

Phil BacerraItem 26

Really? That's it?

Thai Viet PhanItem 26

Yes.

Phil BacerraItem 26

Oh, okay.

Jennifer L. HallItem 26

Council Palos, do you have a comment?

David PenalozaItem 26

I was just going to add that at the last charter ad hoc, I believe the cost for 2022 to put ballot measures was $60,000 per question for the citywide.

David PenalozaItem 26

When I heard $8,500, that's extremely low. That's why I was like, whoa.

Valerie AmezcuaItem 26

It can be based depending on how many other things are on the ballot countywide in addition to citywide. Again, I defer to your past experience here in the city for what it cost here, and I was just providing an example that I had been familiar with.

David PenalozaItem 26

Thank you, Madam Clerk. And just for the record, I have no intention to participate in the ad hoc. I've been there, done that.

Jennifer L. HallItem 26

So you're going to dump it on our lap. Thank you so very much. Thank you. I'm going to point you anyways, just because. All right. So I think city manager, we're good. You've captured the council direction. All right. Thank you. Okay, here we go. Let's go to item 27. Council Member Penelosa, please.

David PenalozaItem 26

Thank you, Mayor Ameskua. The reason I felt it's important to agenda is this item was to continue to promote policies that will promote public safety in our city and improve quality of life. As we all are aware, street takeovers and have been running rampant throughout, not just our city, but Southern California. and street takeovers have are basically not at a weekly occurrence on Sigurdsham and Fairview in Ward 1 McFadden and Sullivan in Ward 2 Flower and Memory Lane in Ward 3 MacArthur and MacArthur Place in Ward 4 17th and Keene along Ward 5 and Ward 3 St. Andrew and Baker in Ward 6 and many

David PenalozaItem 27

other intersections in our and throughout our city some people will ask well you know aren't you well aren't street takeovers already legal? And yes, they are. However, what this ordinance will do is prohibit spectators, the clout chasing spectators that circle in the middle of an intersection of the purposes to obstruct vehicular traffic for the purpose to knowingly observe illegal reckless driving exhibitions that endanger lives. and that endanger lives. This ordinance will not only impede, this ordinance will not impede on one's First Amendment right to gather for the means of a

David PenalozaItem 27

protest. This ordinance will only be applicable to people that knowingly are participating in illegal activity as it relates to street takeovers and racing. The hope is that this will be a tool our police officers and our police Department can use to deter the clout-chasing audience, which will naturally deter the street takeovers. If there is no audience, nobody will want to put on that show. And we've seen it, we've seen it numerous times over the last couple of years of how reckless and dangerous this is, how many people are killed, how many people are hit in our own city alone, the resources it takes. So

David PenalozaItem 27

the attached ordinance for those residents who had an opportunity to see it, the spectator at these reckless driving exhibitions are clearly defined. Anyone could still, this isn't going to take you right away to protest, anyone could gather and peacefully protest and that's still allowed. This is specifically geared to go after the audience that street takeovers attract that is it and my ask was that this comes back via an ordinance in two

David PenalozaItem 27

weeks or at the next council meeting I know staff reports for the next meeting are probably due tomorrow is that the case madam city manager staff reports

are due two weeks in advance of the council yeah so I would I would I wouldn't

David PenalozaItem 27

mind bringing it back to second meeting of October if that is the case and if Obviously, there's support from my colleagues, but that is my comment. Thank you.

Jennifer L. HallItem 27

Thank you. Mayor Prochon-Lopez.

Jessie LopezItem 27

Yes, thank you, Mayor, and thank you to Councilmember Peñalosa for bringing this item forward because, first, I want to say for the record that I do not support, condone, or excuse street takeovers or spectator participation. I don't even like the Fast and Furious franchise. I don't like modified exhaust. I don't like gas-powered leaf blowers waking me up in the morning so why would I like something that disturbs my peace at 12 a.m. or 2 a.m. so you know this is not an issue that I think is far removed from any member here in my own neighborhood where I live we are waking up at 12 a.m. we are waking up at 2 a.m.

Jessie LopezItem 27

not necessarily by these big events but by people doing the donuts when they know that there is no PD around when they know that it's late at night when They know that they shouldn't be doing this. And I think that's really the driving factor for me. People making decisions that they know are illegal in the state of California and in our own city and still doing, you know, participating in this conduct. And so what I've said in the past is, you know, the cars should be impounded. And we should be having heftier fines.

Jessie LopezItem 27

And so to this point, city manager, I would like to know if our own code details or if you can include in the upcoming staff report, if our own code details, vehicle seizures, because I often ask for reports facts on the events that happened in War III. And sadly, some of those emails go unanswered. And so I want to know how many of those vehicles we are impounding. And I also want to take this opportunity to thank Chief Valentin because about two weekends ago I was driving around War III late at night. We've identified a lot of the hot spots and I'm sure that information with our staff.

Jessie LopezItem 27

And sorry to Steven Mendoza, I was calling you like crazy at 10 p.m. and other people. And you know, I said, hey, there's a group of cars gathering here and the chief responded and immediately they sent patrol cars and the helicopter and we were able to stop that you know takeover or that spectator event from happening and so that's having to we've taken those measures on as to patrolling our own ward because we know that resources are limited and we know that often when residents are calling you know pd shows up afterwards or people just just appear by the time

Jessie LopezItem 27

that they get there and so I would like your staff report to include you know Flower in Santa Clara, Flower in 19th, Mawbury and Fruit, Flower in Memory Lane, Fairhaven and Lindwood, all these areas that I've shared with staff in the past and I know you know in the past when they've made requests for officers to be there a certain location it's difficult because that's not always the best use of an officer's times but I do am looking you know for long sustainable solutions

Jennifer L. HallItem 27

Mayor Pro time your time's up we'll come back to you okay thank you

Johnathan Ryan HernandezItem 27

Councilman Hernandez thank you mayor Mescua I want to thank my colleagues for bringing this item forward public safety is a topic that we frequently talk about here at the City Council and I want to center my dialogue on victims because that's the reason why we're addressing street takeovers is because there are people who have been victimized due to these reckless drivers. We don't condone it here in Santa Ana. You're not welcome here in Santa Ana and our neighbors aren't friendly to you in Santa Ana. So anybody who thinks that taking over our streets and burning out and doing circles and putting our neighbors in

Johnathan Ryan HernandezItem 27

harm's way, you're not welcome in our community or our city. I want to thank my colleagues for the intent to hold people accountable who are placing our neighbors in danger I am very worried that we're focusing on the wrong groups of people spectators are certainly problematic I can assure you that there's nothing positive about recording and going live on Instagram and promoting something so dangerous but I want to focus on the people who are placing these lives in danger. There is Senate Bill 1472 which gives judges and district attorneys the power to charge drivers involved in street takeovers,

Johnathan Ryan HernandezItem 27

racing, and sideshows with felony manslaughter if their action leads to someone being killed. I think that us as a city we are better suited focusing on enforcing the law on people that are taking our streets over with dangerous driving. I would much rather focus on the driver than on the spectator. I'm a parent, I have a 13 year old child. As a parent we navigate a lot of challenges in school sometimes and I can tell you if there is ever a fight that happens at school I'm not worried about who watched the fight. I'm worried about who's impacted. So I do want to state that I support the item in theory but I think

Johnathan Ryan HernandezItem 27

the approach could have been better suited for us to focus on the street takeovers and specifically the drivers. I'm not in support of this item focusing on sighting spectators because I do believe that it'll set a bad precedent. Many of us are chismosos. If there's a street takeover on your block, we're going to walk out and watch it and say, Ada, oh no, que mamadas, or whatever, right? Excuse my language. But that's exactly what happens. I live in the hood. I've seen it my whole life. None of us like it. But if If it happens, people come out and we watch. They should not be cited for that.

Johnathan Ryan HernandezItem 27

We should focus 100% on the people behind the will that are placing these lives in danger. I am supportive of our police department implementing and fighting to utilize Senate Bill 1472, which gives us the power to address and to charge drivers involved in street takeovers, racing and sideshows with felony manslaughter. I think that is a much better solution. There is legislation in place. my direction Madam City Manager is that we focus our efforts on implementing Senate Bill 1472 to the fullest extent of the law. Thank you.

Benjamin VazquezItem 27

Councilman Vasquez. Thank you Councilmember Hernandez for your words and Councilmember Lopez as well. I am not in support of street racing. I'm not in support of street takeovers but I am not supportive of this item as well. I am worried about criminalizing the would-be witnesses of any accident or crime were to occur during these events. We would be handcuffing the police department of any kind of investigation if an incident was to happen. So I cannot support criminalizing would-be witnesses as we don't do that now. We

Benjamin VazquezItem 27

give protections to undocumented folks when they are come forward as witnesses to domestic violence we do give them special treatment so I can't support

Thai Viet PhanItem 27

this thank you councilmember fan thank you mayor I'd like to see this come back I'd like to see additional information in the staff report regarding who the spectators are one of my concerns is if you know these happen in neighborhoods so sometimes you have people outside who are unknowing I do understand that the specific language does say that they have to be knowingly present at the location but I'd like to also understand you know whether it's a lot of juveniles. I do see there is some value in ensuring that those who are

Thai Viet PhanItem 27

spectators at illegal street racing events are punished because that's why there are illegal street racing and street takeovers because people are However, I am concerned about 15, 16, 17 year olds who end up potentially with a misdemeanor on their record and whether a citation for them would be appropriate. So I'd like to see that just as information. Thank you.

Jennifer L. HallItem 27

Mayor Patel Lopez.

Jessie LopezItem 27

Yes, thank you for the opportunity to raise all my comments. So I guess what I hope the council is open to, because in Ward 3 we have these events at commercial lots. And we want to know why isn't there security on these laws? Can we work with the code department to work with the property owners, to also do their part and be good neighbors with the city because we can't do it all alone. I can go out there and drive the ward at 10 p.m. at night. I can call PD, but I do think that they also play a role in finding a long-term solution. And also I think, you know, being open to funding roundabouts.

Jessie LopezItem 27

I've sent staff a lot of information about the bollards, the braille paving, the bot dots, the road thoughts, the tactical paving, the dips, the speed bumps. So I think it should really be inclusive of all these solutions to really eliminate the issue. So I am open to having things come back so that we can further discuss. Thank you.

Jennifer L. HallItem 27

So I'm the last one to comment here and then we're going to move on.

Phil BacerraItem 27

I never got a chance to come.

Jennifer L. HallItem 27

Oh, you didn't get a chance? Okay, this is the final one. Go ahead.

Jennifer L. HallItem 27

It's not picking you up.

Phil BacerraItem 27

So it hasn't picked up many people tonight. Go ahead. Well, thank you, Mayor Mesquois. And thank you, Councilmember Peñalosa, for bringing this item back to the council. You know, what we're discussing here, it's not something that hasn't been done before. In fact, cities all around us have this tool. In fact, the ordinance that Councilmember Peñolosa put before us is one that was introduced the last time this came to us. And we're not hearing in Anaheim where they're doing big dragnets and sweeping up people that didn't realize they were spectating a street racing activity or a street takeover.

Phil BacerraItem 27

So the fear that somehow, someway, our police are just incompetent and they cannot figure out how to actually discern who's a spectator, who isn't, who's causing a street takeover, and who isn't. I think that's insulting to our PD, frankly. I think they have the wherewithal to be able to determine who is actually being a part of the problem versus not. Anaheim adopted this ordinance in early 2021 with a unanimous vote, and we're not hearing any problems from Anaheim today about their ordinance. So all the fears that I'm hearing up here today, I feel pretty confident

Phil BacerraItem 27

we're not going to have that problem because one, I have faith in our PD, and two, other cities around us have it, we're not inventing the wheel here. So again, I just want to thank Council Member Penaloza for bringing this forward and I'm absolutely in support of this ordinance coming back. Thank you.

Jennifer L. HallItem 27

Thank you. Council Member Penaloza.

David PenalozaItem 27

Thank you, Mayor Mesquo. I just want to thank Council Member Hernandez and Council Member Vasquez for being clear on where you stand on this, which is all that we can ask for is that full transparency and we're clear on where we stand. And my proposed question to my colleagues isn't to bring back an array of things to see what the police department thinks could be done to help curve the problem. Our police department did this work two years ago, and they packed this ordinance that said, hey, if we address the spectators and gave that as a tool,

David PenalozaItem 27

a tool that we could potentially and possibly use to help deter the audience, we will be able to curve the street takeovers. This has been done. We were all here when this was done, aside from Councilmember Vasquez and Mayor Emesqua. But my ask is that, you know, it's like do you support bringing back this ordinance, addressing spectators, yes or no? We heard from Councilmember Hernandez and Councilmember Vasquez. Thank you for your clarity. I just want to make sure that staff is clear on what direction is being given. So, Madam City Attorney, if you could help out here. I don't.

So, so far. I haven't given my comment. We haven't heard from the mayor. Should we? Okay. I thought I was the last one.

Jennifer L. HallItem 27

So, and thank you for bringing it up that you guys had an ordinance in 2021, Madam City manager and it was not approved by the majority of the council to move forward for similar reasons

Sonia R. CarvalhoItem 27

that were stated for clarification the first reading did pass and then the second reading did

Jennifer L. HallItem 27

not just so that you are thank you we clarify it first one so i'm not looking at this touch first one passed second one did not um so i also want to thank council member penalosa for bringing this back because we do have a problem in our city and it's been it's been getting uh worse and worse and the fact that it did not pass in 2021 is disturbing to me as a resident because in my neighborhood it happens all the time almost on a nightly basis. And so I'm glad to see that Councilman Pelosi brought it back. And so, and I'll let you finish City Manager, but I want to

Jennifer L. HallItem 27

have real clarity on where our council members stand. And so yes, I think Councilman Hernandez, Councilman Vasquez that were clear no they don't support it and they gave the reasons mad respect for that so the rest of the council I want I want to make sure you're very clear on where we stand on Councilman Penelosa's item I'm

certainly mayor so right now I don't have majority direction I have two that are not in support of it I have three that are in complete support of the item as presented and I have two that would like more analysis and more information

Jennifer L. HallItem 27

So that it's like a no vote, that they're not in support of it. So that's what I'm hearing you say.

Unless they help clarify that.

Jennifer L. HallItem 27

So can I get clarification from the two that are a no vote?

Sonia R. CarvalhoItem 27

Well, they're not a no vote.

Jennifer L. HallItem 27

You are in support of it? Okay, so we have the four. I understood that they were supported. I did not vote on this. But they wanted the staff report.

Sonia R. CarvalhoItem 27

The way what I was hearing is that at least one of those two would like the item to come back, but wants the analysis done, wants to make sure the definitions are clear as to spectator. That's what my understanding is. Doesn't say that person will vote for or vote against it, but says I'm supportive of you bringing that ordinance back. I just want clarification and analysis in the staff report. So the definition of what a spectator is.

Jennifer L. HallItem 27

This is a great tool for our police department to have. As we can see on the news, they're taking over the five freeways they're taking over streets they're taking over the bridges they're they're very bold and those that are watching from their front yard whether it's your grandmother who comes out or your mother or whoever comes out those are not the people that the police are going to give a citation to that is not the people it's the those that are there present so if they could even make contact with them so do you have clarification and so I have one

One question on the item. So Council Member Penaloza, if you're agreeable to more clarity on what dictates and what defines a spectator, then I believe I do have majority support.

David PenalozaItem 27

Yes, that would be fine. As long as that's...

Jennifer L. HallItem 27

I'll get it. I'll get it. Hold on. Go ahead, Council Member Pelosi.

David PenalozaItem 27

As long as the... Well, I guess from what I'm... I'm open to that. My ask tonight was that we bring back this, because we've had this conversation. It's been vetted, our police department. In the beginning, it was an open question. How can we curve street takeovers in these specific areas of town? And we said the direction was come back, city police department, to see what you'd like us to do. And that was what we ended up on. That's what our professional police department said. Hey, if you gave us this tool, we would be able to address this. This is a great...

Sonia R. CarvalhoItem 27

We understand. I think I clearly understand what it is you're trying to address. What I don't clearly understand is whether four of you want us to bring the ordinance that you attached to your report back to you with the staff report. That's what I'm trying to seek clarity on.

Jennifer L. HallItem 27

So Council Member Farron wants to clarify something, I believe.

Thai Viet PhanItem 27

Thank you. I don't need the definition of spectator. I think it is clarified in the ordinance, I believe under Section 1. my question is in the staff report provide me with information with who these individuals are based on the police department's experience are these children are these teenagers are these 15 year olds that we might say we're gonna give you a misdemeanor and and that's gonna go on their record I'm in support of bringing this item back as it is to have further discussion regarding

Jennifer L. HallItem 27

that information thank you so then the way it is written now you're not in supportive. That's what I'm hearing. No, no. I didn't hear that. Can you clarify? So here's where the confusion lies for me. I'm not confused. Hold on. I need to say something and then you can speak. So this came before the council in 2021. Is that correct? Yes. So you did all the work. Yes. You brought it forward. Yes. There was clear, clear, very clear information in there. And then first one passed according to the city attorney. Second one did not. So that's what I'm hearing. And so now Councilman Penelope has brought it back, I think the exact same way.

Jennifer L. HallItem 27

Of the first reading. Of the first reading, correct. And so now you do have clarity or you do not have clarity on what the majority is asking. So that we can end this discussion.

I believe I have clarity. there is majority support to return with the ordinance. Just the additional ask is additional information in the staff report as to in the police experience, who tends to be the spectators at past events. Perfect. Okay, great.

Jennifer L. HallItem 27

We're good with that then. Everybody's good? Let's move on.

David PenalozaItem 27

What date, Madam City Mayor?

I'll defer to, I believe.

Sonia R. CarvalhoItem 27

We're ready. We're ready to go. I think if we can get that information from the PD it doesn't seem like that would be difficult for them to share the experiences who they are we'll do the

Jennifer L. HallItem 27

staff report I heard that I heard that she said I have it now right now it's not I mean this is I know I just I'm just joking but but he's got it the

Sonia R. CarvalhoItem 27

chief is nodding that he has that information we'll bring it back to you I believe that I didn't could be brought back at the next meeting because it's

Jessie LopezItem 27

done great okay city city clerk actually because I don't know what was confusing about my comment but I concur with Councilwoman Ty Phan so I hear

Jennifer L. HallItem 27

supermajority okay so right when so the majority okay you have the majority that's what matters here so let's move on okay be it stop stop stop okay all All right, we're going to go to item 28. I want to remind everybody three minutes, three rounds. And then this is not up for debate. This is just, as the city attorney made very clear, those that sponsored, you have three minutes, explain. Then we're going to do three minutes

Jennifer L. HallItem 28

for the council members, and then that's it. And then the city manager will know which direction she'll be going. She'll be, she does very well, and the city attorney will help us if needed. on where we're heading. So let's start this item 28, please. Councilmembers Hernandez and Vasquez. Councilman Vasquez, you want to go? Hernandez, go first.

Johnathan Ryan HernandezItem 28

Doesn't matter. Either one. Thank you, Mayor. I want to thank my colleagues for the dialogue that we've had today. That's what the Santa Ana City Council is about. There's a very diverse group of opinions here. So I'm going to begin sharing mine. I am an American of Mexican descent who is very aware of America's history with people of color, with Latino people, and indigenous people. The legal institution of human slavery was prevalent in the United States of America from its founding in 1776 until 1865, predominantly in the South. Slavery was established throughout European

Johnathan Ryan HernandezItem 28

colonization in America. The first African American Supreme Court justice was on June 13, 1967. President Lyndon B. Johnson nominated distinguished civil rights lawyer, Thurgood Marshall, to be the first African American to serve on the Supreme Court of the United States. Thurgood Marshall was a longtime civil rights litigator for the NAACP, and Marshall had won most of his cases, he argued, in front of the Supreme Court. Most notably, he represented Sylvia Mendez in the case of Sylvia Mendez versus Westminster.

Johnathan Ryan HernandezItem 28

He also was arguably his biggest win was the case of Brown versus Board of Education, one of the true landmark decisions. Some of the milestones that we continue to see in America's history was Elizabeth Cady Stanton was the first woman to run for the US House of Representatives in 1866. As we know, women were not able to vote until the 1919. Kamala Harris recently made history as the first woman and woman of color to be a vice president and Santa Ana also recently made history electing the first woman to become mayor, Mayor Valerie Mesqua. America has always been on the side of

Johnathan Ryan HernandezItem 28

progress, equity, and change. Santa Ana has previously considered measures that would permit all of its residents to engage in political process. The City Council has set the stage so that non-citizens can feel safe participating. We allow for them to engage on our committees and commissions, and that is why today we are asking my colleagues here on the Council to take into account that there are 17 jurisdictions in the country that allow non-citizen residents to vote legally in their local elections. The question that we're asking today is to allow our voters to decide whether to support

Johnathan Ryan HernandezItem 28

this with a yes vote at the ballot or a no vote. But this is a democratic process that is about creating change from the bottom up. I am supportive of this item because Santa Ana is a Latino majority city. Santa Ana has a large refugee community. And those residents own property, they own mobile homes, they own land, they own companies, they employ our neighbors, and they make up a very large bracket of people who pay taxes. No taxation without representation is an American value, and that is exactly why I'm supportive of this item. That concludes my first round of comments.

Jennifer L. HallItem 28

Thank you. Council Member Vasquez.

Benjamin VazquezItem 28

Thank you, Mayor Mesquah. I'm joining Council Member Hernandez in introducing this item because I'm interested in exploring what we at the city of Santa Ana can do to expand and strengthen democracy at the local level. Right now, a huge portion of our residents who are subject to the policies we at the Staius decide on can't make their voices heard in local elections. That's undemocratic and unfair. Our power and authority as a representative democracy is supposed to come from the consent of the governed. But do we really have the consent of all governed?

Benjamin VazquezItem 28

when almost a third of the voting age population of our city can't vote for the city council members making decisions on policies that affect their everyday lives. More than ever, it's important that we as local leaders explore potential ways to expand and strengthen our democracy. We can't keep shedding so many taxpayers out of democratic process. We already have taken some solid steps to promote inclusion and reduce barriers to political participation, like establishing Santa Ana as a sanctuary city and allowing non-citizen residents to serve on commissions.

Benjamin VazquezItem 28

The natural next step to further our commitment to reducing barriers to access in government is to allow voting-age residents to participate in local elections regardless of immigration status. The recent court appeal decision on San Francisco's case affirms that expanding the franchise to non-citizen residents in local elections is legally permissible and that we do have the authority to explore this option. I'm excited to revive this conversation after it was shelved last year. Discuss this topic further and learn how we can ensure everyone can make their voices

Jennifer L. HallItem 28

heard. Thank you. Thank you very much. Okay, three minutes, three rounds. Council Member Fan.

Thai Viet PhanItem 28

Thank you, Mayor. As many of you may know, or I've shared this story, I was a non-citizen. In fact, I might be the only person on this dais today who has been a non-citizen. I am a refugee. I was born in Thailand from a Vietnamese family, and I didn't get my citizenship until I was 16. And it wasn't until I got my citizenship that I realized how important it was, how disenfranchised we were and how precarious our lives were. In being the first Vietnamese American elected to this dais, the Vietnamese American community, through a lawsuit with the California Voting Rights Act, fought for representation because

Thai Viet PhanItem 28

for the 47 years plus that we've been here, we had never elected someone to represent us. I support bringing this item back to, you know, have the voters decide in the November 2024 election whether or not we should expand voting rights to non-citizens. What I know is that many, if not most, families here in Santa Ana have non-citizens in our families, in our households. What I know is that non-citizens serve in the U.S. military, and many of whom have been deported. What I know is that non-citizens pay taxes in the state of California, in the city of Santa Ana.

Thai Viet PhanItem 28

non-citizens are our neighbors, our families, our friends, and our teachers, our commissioners, our staff. There are so many. And I think that it is crucial that as the arc of human history bends toward justice, sorry my quotation is not exact, we have to expand our democracy. And to those who said America is not a democracy, Yes, we are. We are a democratic republic. We are a democratic republic. And for anyone who tells us America is not a democracy, I challenge you. I challenge you because our family, my family has fought for this democracy, for this democratic

Thai Viet PhanItem 28

republic and we are not going to let you lead us astray. So with that, I would like to see city staff bring this item back and for further discussion. Thank you.

Jennifer L. HallItem 28

Thank you. I don't see names up here, so I'm assuming, did anybody else push it? Can you talk yet? I could go to Mayor Pro Tem Lopez. Go ahead, Mayor Pro Tem Lopez.

Jessie LopezItem 28

Yeah, thank you. So the item is asking us to discuss or consider options, and I'm open to reviewing the options that city staff brings back. At the end of the day, it will be the voters of the city that decide on this issue. and so if so I don't have a problem with that thank you

David PenalozaItem 28

councilmember panelosa thank you mayor I want to first start off by thinking everybody take time out of their day to come and speak tonight not just on this item but on all the items that we discussed tonight although I'm not supportive of this idea at the moment due to the number of unknowns that come with it firstly one of the biggest unknowns that comes with allowing non-citizens to vote is a potential harm this can do to one's immigration status or case if one chooses to indeed vote in a US election due to the fact that under federal law only US citizens currently have the right to vote the

David PenalozaItem 28

other one is the anticipated and what I mentioned earlier during Council member fans item is anticipated number of ballot measures that we will have on the 2024 ballot and election. I'm proud that over the last five years I have championed the expansion of voter access and voter rights, specifically in the summer of 2020 when the registrar voters moved to an all vote by mail election and decided to install only two ballot drop boxes in our city. The hardest hit in the county only had two ballot drop boxes and it was, if I recall, it was

David PenalozaItem 28

me and Councilmember Becerra who challenged the Registrar of Voters until they agreed and installed an additional 10, bringing that total to the current 12. But initially, the Registrar of Voters thought that it was appropriate for only two ballot drop boxes to be installed in our city. Because I am a core believer in expanding and protecting voter access and rights, I would like to suggest the same suggestion that I had last time, that we create a 2024 election ballot measure ad hoc because this isn't the first or the second ballot question that will be before us in 2024 but I do know that there will be

David PenalozaItem 28

10 others and it's time that we zero in on what next year's ballot is going to look like and what that cost is across the board make sure that all the legal boxes are checked if there are any legal questions cost all of the above so that But it gives staff the enough ample time to research all of the legal, financial, and any other anticipated questions as it relates to the numerous ballot measures. So that's where I am saying, not supportive of the, to bring it back as a standalone, but supportive of forming this ad hoc so that we can look at all of these once and for all.

David PenalozaItem 28

Thank you, Mayor.

Jennifer L. HallItem 28

Thank you, and I agree with you about the ad hoc because we're going to have a lot more coming up. I see only, okay, there we go. Councilman Hernandez, you hit it twice. My apologies. No, no, you may want to go twice. Yes. Go ahead, Councilman Hernandez.

Johnathan Ryan HernandezItem 28

Thank you, Madam. I sincerely appreciate the differences of opinion that we share, and that's the beautiful thing about our city charter, is that it's going to be a fair, equitable, and democratic process where the voters will be able to decide. so that if anybody does want to legally challenge it, it's enshrined in our city charter, because the voters will be the deciding factor. I want to thank my colleagues. I do see that there is majority support here, and it's important that we acknowledge the historical precedent that is being set today. Historically, the people that we're talking about have been marginalized, disenfranchised,

Johnathan Ryan HernandezItem 28

and kept out of the conversation, And this allows us to ensure that Santa Ana continues to lead when it comes to creating change structurally. I would also like to address the commenters from the group BASTA. On their website, usabasta.com, BASTA branded itself as a 501c3 nonprofit organization. Per federal tax law, 501c3 nonprofits are explicitly forbidden from engaging in partisan political activity. I did see them engage in partisan political activity today, Madam City Attorney. If I'm not correct, 501 nonprofits are not allowed to take positions on candidates for office. Am I correct?

Sonia R. CarvalhoItem 28

The official corporation is not. I don't know that the corporation can actually curb the First Amendment rights of individual speakers who are members.

Johnathan Ryan HernandezItem 28

Okay, thank you. The reason I wanted to bring this up is because I know that this group opposed it, and I know for a fact that last year BASTA dropped literature in support and opportunistic to candidates on the City Council, which is not allowed under federal 501 nonprofit organizations. So I just wanted to thank my colleagues for the differences of opinion and the consensus that we have in bringing this item back. Thank you.

Jennifer L. HallItem 28

Councilmember Becerra.

Phil BacerraItem 28

Thank you, Madam Mayor. Had my colleagues consulted with our City Attorney, they would have been informed that nothing has legally changed since the last time this proposal was brought forward. We keep hearing talk about the case of San Francisco, but that ruling does not impact what's being proposed here today, which is the same as what was proposed before, and our city attorney has provided us advice pretty much sustaining that sentiment. Sadly, what we're seeing tonight up here is we're seeing political expediency and the desire to adhere to campaign

Phil BacerraItem 28

timelines where we're seeing things come forward in a certain manner and fashion. We have had practices in the city that are transparent, that are deliberative, that allows for community input on these sorts of measures. But instead, there are certain things that are happening within in the next month and a half or so, that all of a sudden we're gonna see all kinds of things come forward. And we have already seen two of them tonight. So it's very disappointing because this measure could have long-term harm, or could cause long-term harm on folks that are trying to become United States citizens.

Phil BacerraItem 28

And so it's just, it's unfortunate that that would be forsaken in order to score political points. So again, I will not be supporting any further action.

Jennifer L. HallItem 28

Please do not engage from the audience. Go ahead and finish, Council Member.

Jennifer L. HallItem 28

Madam City Attorney, I'm going to have the last comment here because nobody else's hand is up. And then hopefully the city manager will have some direction. But I want to read something to you out loud, Madam City Attorney, you can confirm. This is from the November 8, 2022 San Francisco school board election. because in San Francisco they allowed them to vote for school board elections. Only parents had had, from what I can find, children in the schools. So I'm surprised you all didn't start at the school board. So important notice for non-United States citizens. Any information you provide to the Department of Elections,

Jennifer L. HallItem 28

including your name and address, may be obtained by Immigration and Customs Enforcement, and other agencies, organizations, and individuals. In addition, if you apply for naturalization, you will be asked whether you have ever registered or voted in a federal, state, or local election in the United States. You may wish to consult with an immigration attorney, an organization that protects immigrants' rights, or other knowledgeable source before providing any personal information to the Department of Elections and before registering to vote in San Francisco Board of Education Elections.

Jennifer L. HallItem 28

You can find a list of nonprofit organizations that specialize in protecting the rights of immigrants on sfelections.org. And I only share that because, as some of my peers have stated up here, that there are going to be several items that are going to go on the ballot, and if this is one of them then there does need to be an ad hoc committee because what we're doing we're just adding and adding and I'm not quite sure I think it's councilman Becerra's politics right people are playing politics what's a priority in our city so we shouldn't be playing with people's

Jennifer L. HallItem 28

lives my grandmother and my father and many of my family members came here undocumented my grandmother worked three jobs three jobs to pay for everything she had to pay for to get her citizenship my father did so and many of you are working and that's great but i'm i'm not going to support it because i wanted to come back with more information and i think councilman becerra made it very clear i was not here when this came forward last time but i do know that madam city attorney we did receive a very clear email from you regarding this item and that nothing has changed and so i just want clarification on that

Sonia R. CarvalhoItem 28

You've received a lot of comments tonight. You know, lawyers can always have different opinions. I respect that. You're exactly right. But what I can share with you, and I actually think I brought it with me this evening because I think the one letter we received as a comment came from the Chinese for affirmative action. It was support for the non-citizen voting. And I think that they put forth, I think the attorneys who wrote this were very thoughtful. Or it looks like they might be their managing director of policy. and said that the ruling in San Francisco, the Lacey decision, is favorable, favorable to Santa Ana.

Sonia R. CarvalhoItem 28

It's not dispositive. And it's not dispositive because the court clearly, as I sent you communication, said that they decided the issue solely on the question that was before them. that decided the issue solely for Board of Education, parents of children who were attending the schools there, and it says, the court very clearly stated, this does not leave charter cities with limitless authority to determine the electorate for school board elections or for that matter, the election of other municipal officials.

Sonia R. CarvalhoItem 28

This is not to say that a city who wishes to test these boundaries, to take Lacey as a favorable action, could not put this policy forward. But I do want the council to understand that those who came before you this evening saying, hey, don't worry about it, the law is clear. When you ask me if you can adopt an ordinance to regulate spectators at street takeovers, I can tell you unequivocally that you have the legal authority under Article 11, Section 7 of the California Constitution and City Home Rule and your charter to adopt that ordinance. I can tell you unequivocally that you can do that.

Sonia R. CarvalhoItem 28

I cannot sit here and tell you unequivocally tonight that what you propose, even if your voters approve it, can be done. What I can tell you is there are good arguments here, there are good arguments there. I also would just like to say that my advice from the last time has not changed in terms of you really needing to give us time to analyze a lot of factors. The City and County of San Francisco is one entity. The County Registrar handles the registration of voters. We are not. I have questions just about practical questions. This is not because I support this policy measure or oppose it, but as a professional

Sonia R. CarvalhoItem 28

staff person working for cities for over 30 years, I understand that when you make policy, your policy is only as good as we have directions and can enforce that for you. So how are you going to register non-citizen voters? Where are they going to go? I can guarantee you that the Orange County Registrar might not do this for you. How are you going to reconcile the ballots for the local, state, and federal elections? Can it be done? Probably, but I think we need a lot of time to figure out how that exactly is going to work. And then overall, what are the costs, what are the staffing?

Sonia R. CarvalhoItem 28

So I just say this to you because if this is something you want to pursue and I'm hearing that you might have a majority to pursue it, I would just ask that you also be respectful of giving us enough time to make sure that it can be done correctly. I cannot bring this item back to you in two weeks. I said that the last time this item came before you and I will say it to you again. I think it would be irresponsible for me to tell you I could bring it back in two weeks. That might be the popular thing to do, but clearly it's not the responsible thing to do.

Jennifer L. HallItem 28

Thank you, Madam City Attorney. So are you looking that maybe you can bring it back 90 days?

Sonia R. CarvalhoItem 28

Well I think if the goal is to get it before November on the ballot for November, if that were the goal, the latest that we would have, we'd have to be mindful of the deadline being probably the first week in august of next year that would be the timeline for which we would have to make a definite decision i don't think it would take that long i would look at the city clerk

Valerie AmezcuaItem 28

because a lot of the work is would go to the city clerk yes so the deadline for you as a council to put any measures on the 2024 ballot will be august 9th of 2024 so that would be the time frame for this as well as any potential ad hoc committee recommendations or anything else that would come forward as a ballot measure we would need to adopt it by that date to be able to provide to the Orange County Registrar voters but in terms of doing the research on this method on this policy on this measure finding the cost etc I would agree with Sonia that sooner is not practical we do

Jennifer L. HallItem 28

need some time okay thank you for the clarification madam city attorney thank

Benjamin VazquezItem 28

you again council member vasquez thank you um so i really appreciate the favorably comment of uh especially for home route provision for charter cities and uh voting rights has never been easy win never in the history of this country has anybody won votes easily and it's always a struggle and the cost is high and people the cost is so high that folks have put their lives on the lines that's the cost of voting and expanding democracy and I do appreciate the the four favorable votes with councilmember Lopez councilmember fan

Benjamin VazquezItem 28

and councilmember Hernandez as standing up for community and having the courage to take this on and we do value our staff and we have the utmost confidence in you guys and you all to come back and give us this new law that we want to past here in Santa Ana, so thank you for that.

Jennifer L. HallItem 28

Council Member Hernandez.

Johnathan Ryan HernandezItem 28

Thank you, Madam Mayor. Fully agree with my colleagues. I do see a majority here, and Madam City Attorney, I would like to request that this item be brought back to us by October 17th if you need additional time. November. I'm talking. Please don't interrupt me while I'm speaking. Thank you. Do you need a minute, sir?

Jennifer L. HallItem 28

We're not going to argue on the diocesan because then you look like a child. So let's finish your statement. Yeah, I'm in the middle of the speaking. There's the quorum. Please, let's finish.

Johnathan Ryan HernandezItem 28

Thank you. Thank you.

Jennifer L. HallItem 28

Let's continue, please.

Johnathan Ryan HernandezItem 28

I show you respect, you show me respect, sir. That's wonderful. Let's continue. So I would like to see this be brought back by October 17th. If you need additional time, Madam City Attorney, November 7th should suffice. Do you need additional time?

Sonia R. CarvalhoItem 28

Well, it's not the timing. I mean, I could dedicate time and I could put every bit of the other work aside. What it is is asking you guys what you want. The City of San Francisco's proposal was contained in a proposition that was called Proposition N. It had definitions of voters. It talked about the when, the how, the who.

Sonia R. CarvalhoItem 28

I would need those details. I mean, unless you want me to make them up or you want staff to make them up. And that's why sometimes the ad hoc committees work because then we can get direction from you we had proposals tonight someone said well should we have all non-citizen voters should we only have permanent residents I don't know you haven't given me direction on that so how can I draft that so it isn't it isn't so much that we can't do it I can make I can move a mountain for you but I need your

Johnathan Ryan HernandezItem 28

direction I'm not the policymaker yeah this is a policymaker matter it's a decision that we will collectively make what I would like to see as a policy policymaker is for us to further discuss and bring this cost implementation analysis regarding establishing noncitizen voting in Santa Ana. What I would like us to do is work with members of the council and members of the community that have advocated for it. So leading into when this item is brought back, that way there is sufficient community input and the implementation and cost analysis is done cohesively with our staff, your department,

Johnathan Ryan HernandezItem 28

Madam and community members who are impacted that would be my direction

Sonia R. CarvalhoItem 28

okay well there's still no details so there's so I need to have a d if you want to appoint an ad hoc

Jennifer L. HallItem 28

committee that I can work with that I was waiting for him to finish because you know when he said work for the counts with the council members up here that support it well there's four of them so it's a violation of the Brown Act so we're not going to have that so there needs to be an ad hoc committee created that was what we had talked about from the very beginning and so to bring it back and I think you wanted it October October 17th November so I'm not quite sure how our city attorney our staff are going to do all that within the short period of time but I'm not them so we can talk about it in the ad hoc because

Jennifer L. HallItem 28

what are the priorities we're throwing all this in and that's this is important just like everything else is so we have them a che lawsuit we have all these different lawsuits all these different pride all the work that the staff are doing and so on top of that now and you want them to on things that are going to the ballot so you want it back and less than 45 days absolutely so so you feel that you can get this done so and it's yeah it's interesting to me because I'm trying to be really clear and get the answers also from the city attorney because this was brought before in front of you guys before again was before was

Jennifer L. HallItem 28

a yes the first time, no second time, because our city attorney made it very clear. And so, I don't have a problem with it going to the voters, because I firmly believe I know how it's going to turn out, if that's what it does. But Madam City Attorney, how much time do you, so you're saying, how much time, like, let's be real, let's be realistic here, okay? I mean, because you need it, you know, when we put something on the agenda, we talk about it tonight, and you have only a week to prepare madam city manager which is really interesting to me and so i look at

Sonia R. CarvalhoItem 28

precedent i look at what we've done before and some of the far-reaching things that the city of santa anna has done and i've been a part of was a sunshine ordinance in 2012. we didn't create that overnight it was very far-reaching it was community based it came from the voters or you know the community members came from different organizations and we got it done but we didn't do it in 45 days. That's an example. We've done some far-reaching things with respect to like your rent stabilization. Huge, far-reaching ordinance. We didn't do that in 45 days.

Sonia R. CarvalhoItem 28

I'm not saying that we can't do it. What I'm saying is I need direction. And I'm not going to make your policy decisions. I'm not going to decide whether it's a permanent resident or a non-voter. I'm not going to decide who can come register to vote. I'm not going to decide whether there's a sunset provision in it like the city of San Francisco had. I'm not going to make your policy decisions so I'm gonna put it back on you if you think you can give me all the information in 45 days I'll draft something for you I believe we can

Jennifer L. HallItem 28

so your time you've had your three and three okay so we're done actually

Johnathan Ryan HernandezItem 28

members speaking you interrupted me before I did not search so don't don't

Jennifer L. HallItem 28

do that with me because I did not I'm very respectful of here so council member fans going to speak now go ahead comes my friend Thank You mayor thank

Thai Viet PhanItem 28

Thank you, Madam City Attorney. I do understand how difficult this can be because it is a new area. It is at the forefront of expanding Voting Rights Act for all of our residents. And I'm not going to pretend it's easy. I'm not going to pretend it's convenient. All of these questions that my colleagues have brought up are questions that I had. As I mentioned, my mom had to do an N-400. I have done pro bono work to help others do N-400s. That's the form that you fill out to become an American citizen, to apply, and it asks you whether you voted and all those things.

Thai Viet PhanItem 28

I guess the direction I would give to you, Madam City Attorney and the City Manager's Office, is to draft a resolution for a ballot initiative that authorizes and directs the City Council to research and implement non-citizen voting here in the City of Santa Ana. I think the language is almost, it's probably pretty exacting to the ballot initiative because what we're saying is do the residents of the city of Santa Ana, do the voters of the city of Santa Ana want to expand voting rights to non-citizens?

Thai Viet PhanItem 28

Once they tell us what they want, then this city council and this staff can begin to research and implement that. But we need that directive from the people of the city of Santa Ana.

Sonia R. CarvalhoItem 28

If you're asking for an advisory measure, yes, simple, can be done. If that's what you're asking for is an advisory measure, not a binding ordinance, not a binding proposition, absolutely we can do that.

Thai Viet PhanItem 28

I would like to see it to advise, it will advise us. I think any ballot measure will advise us on what the right thing to do is. I guess my issue is for example in the city of Oakland they didn't have a detailed you know implementation because I want the City Council and the you know staff to have some flexibility in implementing what program might be however it does direct the City Council to implement non-citizen voting to the extent authorized by law it's not just a simple should we do it should we not and and we don't know whether it will be looked into, followed, or analyzed, or implemented.

Thai Viet PhanItem 28

I think that we should have stronger language that says, yes, you must do this to the extent authorized by law.

Sonia R. CarvalhoItem 28

If you just want a ballot question that changes your city charter and says where it currently says that you must be 18 and a citizen, you just want a ballot measure that changes that language and says the City Council by ordinance shall implement non-citizen voting that's what you're looking for and it's that simple yes that's more like an advisory measure because it's saying to the public do they want it and then you're gonna have to do all that work just the expectation for the public to understand is if they vote yes for it they can't come here in two days and say

Sonia R. CarvalhoItem 28

well where is it right because it's gonna take time so as long as everyone understands that we can draft a charter ballot measure for you if that's the direction of a majority of this council. Thank you madam city attorney and yes

Thai Viet PhanItem 28

that is what I would be asking for and I think it's consistent with the council requested item title and part of that is because if the measure passes and we don't know whether it will or will not but if it passes I envision there will be a citizens commission or some other ad hoc committee to work through all of of those items to implement the voters will. And so with that, I complete my comment. Thank you, Madam Mayor.

Jennifer L. HallItem 28

Thank you, Councilman Becerra, and then we're gonna move on.

Phil BacerraItem 28

Thank you, Mayor Mesquot. So Madam City Attorney, you keep asking, what's the direction? You know what the direction is? It's timeline driven. It's not about what you put in there. Just put something that has a couple of the buzzwords that got people here tonight, and get it on the ballot ASAP. That's what is being asked of you tonight. It's timeline driven. You're being asked to do maybe an advisory measure. What was the last time we did an advisory measure, Madam City Attorney? When was the last time we asked the voters without any sort of law attached to it? Like, have we said, voters, should we in two years change the charter

Phil BacerraItem 28

or do we actually put forth the work to propose actual language with the amendment in it.

Sonia R. CarvalhoItem 28

So I think I can answer that. I think it was in the election that preceded me, but in 2010, the voters were asked, do you want an ethics ordinance? And that's all they were asked. And then the city council came back with the ethics ordinance.

Phil BacerraItem 28

But Madam City Attorney, if I may interrupt,

Benjamin VazquezItem 28

it wasn't a standalone measure. It was with term limits.

Phil BacerraItem 28

So there was actual charter language talking about term limits.

Sonia R. CarvalhoItem 28

It was bunched in with a number of other items. But I'm just saying that that's what it said. It said, have an ethics ordinance. So just like, if you had a question that says, do non-voter, non-citizen voters. But it wasn't a standalone. It was not a standalone. It was not.

Phil BacerraItem 28

Work needs to be put in. As policymakers, we should be willing to take the time to actually craft legislation to propose to the voters. The fact that everybody wants this done in 30 days, 60 days, the reason why I was laughing earlier, It's because for everything you're asking for, it's not wrong to actually want to go out to the community and get their input But to then say oh by the way do it tomorrow or do it in 30 days or do it in 45 days That's the part I started laughing at because that's not realistic. Let's be realistic up here So I'm gonna be realistic and telling you all right now. This is all a political exercise

Phil BacerraItem 28

This is not for the benefit of the people of the city. This is pure politics It's disgusting what people are willing to do to put long-term harm on you just for short-term political gain

Jennifer L. HallItem 28

Benjamin, Councilman Fass, because it's your last three minutes just so you know. Thank you

Benjamin VazquezItem 28

This is not political This is not political. We want to have folks the right to vote and We are not up for discussion as stated by the city attorney that you just had we are done we got four we're good let's go

Jennifer L. HallItem 28

thank you councilmember Vasquez but I think when you want to discuss something you do and I sit up here and allow that to happen so we do three rounds three minutes so I assume you respect everybody else's position so I think mayor Potem Lopez you have your name here I just need clarity from you

Jessie LopezItem 28

city it not from anyone else but from you you gave me a memo at the beginning right this paper and I'm reading it says after councilmember requested items I wish to remind you that the items are not before you to debate and this feels

Sonia R. CarvalhoItem 28

like a debate so what are we doing I would ask if everyone's spoken maybe we could give you a summary of where we think we are certainly so initially

there was a solid majority to support the item as presented and then there was a discussion about bringing back an advisory type item and that was one of the four that supported the item. There is also an ad hoc suggestion that was made on the floor to analyze it further. There was one firm no. So I guess my clarity is around the majority that initially supported are you supportive of just bringing, having us bring back options for ways that you could do this, because I

think we could probably do that, and correct me if I'm wrong, City Attorney, if it is really just having staff do the homework and say, well, you could place the question to the voters on to see if they're even interested in it, and then go through the full implementation, because I will say it's not fair to staff to expect this to be implemented like that. from my understanding of it, and even though this is a discussion item for you, staff is not supposed to be doing any legwork on it, technically we would have to form our own Register of Voters office. So that is a significant undertaking.

So I guess I'm not crystal clear on the direction.

Jennifer L. HallItem 28

And that is why I recommend it as a chair and ad hoc committee so that all of these things can be discussed. I think that's what the city attorney was also in agreement with. But again, you know, the council up here, you know, again, I'm going to agree with Councilman Becerra, we're moving quick because they want it done before the date of the, I'm assuming the recall date. But if that's not the case, then I don't see why we can't give you more time. And as the city attorney had indicated, you know, first of the year or before August, to bring this together and do it right and be very clear and very transparent

Jennifer L. HallItem 28

and have an ad hoc committee that's going to engage with the community. So that's why I'm not clear either, because if we're not playing politics, then it shouldn't be like, hurry, hurry, because we're on a deadline. We're playing politics because there's a recall happening, and so they want to make sure that things are in before if yes or no it occurs. I don't know what's going to happen in the recall. But so that's what we're doing here. So I hear you loud and clear that it's going to take work. So again, you tell me, you tell us what you heard because I've heard lots of things tonight.

I guess I would look to the four initial supporters. Would it be amenable for staff to come back in a shorter time period just with the different options that you could do in regards to this item?

Jennifer L. HallItem 28

I just need a yes or I don't need a discussion yeah not a discussion either

Thai Viet PhanItem 28

yes or no no I asked for the ballot measure the advisory measure thank you

Johnathan Ryan HernandezItem 28

same that's the same no I thought that the first option we're talking to is in relation to the ballot measure which is asking the city to bring back a cost and implementation analysis of establishing non-citizen voting I'm in in support of Councilmember Fan.

Then I believe there are four with that item. I guess I would defer to the attorney if you're clear on what the ballot measure, if it's an advisory one or if it's a...

Sonia R. CarvalhoItem 28

So we're researching here, not the way I like to practice law. I told you in July last time when you sprung this on me at a discussion in July to put a city charter measure forward, and I'm going to state that again. as a professional I'd recommend an ad hoc committee I don't like to do work that isn't the best work but as we were researching this we have seen a question that the city of Oakland put before their voters we are looking at it now we could work that up if that's the direction of the council and we would just in our staff report tell you everything that I've sort of told you

Sonia R. CarvalhoItem 28

tonight which is what are the pros and cons of the Oakland proposal you know it's being legally challenged right now it's not like San Francisco where it's not but I'd be happy just to bring that all all back and clearly I have direction from for that this is something you want we'll bring it back and we'll bring it back with a full staff report whether I can do that at the October 17th versus the November 7th was it November 7th

Jennifer L. HallItem 28

November 7th so thank you city madam city attorney I really appreciate it and I could guarantee you there will be legal challenges in this city as well There will be lawsuits filed. So, Councilman Panamosa.

David PenalozaItem 28

I just, anytime I hear Oakland or San Francisco, I tend to run a million miles in the other direction. But, Madam City Manager, can you just clarify, because I didn't hear a majority, but can you clarify the four that support this idea?

So my understanding is that Mayor Pro Tem, Lopez, Council Member Vasquez, and Council Member Hernandez want to move forward with it on a shorter time period. However, Council Member Fan did indicate her ballot item was an advisory item. I'm not sure the other three agree with that approach. That's where I'm a little bit confused.

Jennifer L. HallItem 28

Okay, so this is, we're past the three, so you need really quick clarification and then we're done, please.

Thai Viet PhanItem 28

So it's a resolution to adopt a ballot measure that voters would get to vote on in the November 2024 election that states something like the City Council of the City of Santa Ana shall research and implement non-citizen voting for local municipal elections within the City of Santa Ana. That's it. Okay. Yes. And then the City Council, if it passes, would come back and do the research and implementation to the extent of the law.

Jennifer L. HallItem 28

So we're good now?

Thank you for that clarification. I just want to make sure that the other three now understand what the item is that's returning.

Jennifer L. HallItem 28

Just say yes or no.

Jessie LopezItem 28

Yes.

Okay.

Jennifer L. HallItem 28

Thank you. I'm sorry. I didn't hear that. Mayor Fulton, was that a yes or no?

Jessie LopezItem 28

Yes. I said from the beginning, exactly what is written here per the Brown Act is what we should be following anyway. So this is why I'm asking what are we doing? Thank you, Madam City Manager. Hopefully you have a direction. We should not be in the weeds of policy. She's got it. Thank you. Please don't interrupt me. I'm not interrupting you. You don't need to repeat yourself.

We're good? Okay. Madam City Manager, you got direction? Yes, we do, and more details on the options.

Jennifer L. HallItem 28

Let's move on now. Thank you.

Jennifer L. HallItem 28

We're going to go to Council comments now. It looks like there is two items, Council Member Fan, Mayor Pro Tem Lopez,

Jennifer L. HallItem 28

for your travel.

Thai Viet PhanItem 28

Go ahead. Yep. Thank you, Madam Mayor. Yes, last week, maybe the week before, they're all blurring my mind, but I attended the 2023 Asian American Pacific Islander Leadership Conference. It is the largest, the first and largest conference of API elected and appointed officials to talk about issues of leadership and good governance. I was very excited to connect with other local public officials to talk about how we can better represent our communities. Also a couple items that I want to announce for everyone. October 7th is going to be our second ever Mid-Autumn Festival at Centennial Park.

Thai Viet PhanItem 28

Park's giving me the looks. Second annual. Yeah. Is that not what I said?

Jennifer L. HallItem 28

It's going to be three minutes or running out?

Thai Viet PhanItem 28

Anyway, so it is going to be our second annual mid-autumn festival at Centennial Park. I am very excited. I am so appreciative that the members of this City Council support that item. I know that it's going to be bigger and even better than last year, and we had way more attendees than we initially anticipated. So thank you to Parks and Rec, as well as all of our staffers for putting this together. and I just like to say that recently I held a tea with Ty at Godina's fundamentals high school and it was just a really fantastic time connecting with and talking to high schoolers and Santa Ana residents about civic engagement

Thai Viet PhanItem 28

about issues affecting young people and about how they can get even more involved here with the city of Santa Ana thank you and have a good night

Jessie LopezItem 28

thank you mayor pretend yes in accordance with AB1234 the city did pay for my travel and lodging to the local progress convening and i'm very fortunate to have access to this legislative advocacy space and these resources um you know most organizations like to talk about the federal government uh they're really macro issues um and so to be you know in rooms with people that are elected to represent smaller towns a city similar to our size cities bigger and to be able to compare the issues that they're going through how they're dealing with them and solving them in comparison to our city has been a really great learning opportunity

Jessie LopezItem 28

for me and so i see that as part of the work that the mayor appointed me to the legislative ad hoc as well and so a lot of the issues that many people out there care about like affordable housing economic justice public safety those are the type of topics that we discuss we also have another park cleanup tomorrow with OC Habitats. There are many events happening in honor of California Coastal Cleanup Day, so please get involved, help clean up your local park, a creek, a wetland, and ultimately that's going to help our beaches. I will also be in the park hosting

Jessie LopezItem 28

my office hours, so please step by and grab a cup of coffee from one of our local coffee stores, Corazon Coffee. Thank you. Have a good night.

Jennifer L. HallItem 28

Councilmember Vasquez.

Benjamin VazquezItem 28

Yeah, I want to give a shout out to all the people of Cewayo and Michoacán. We just had your mayor and part of your council here. They were amazing people. We're happy to host them. Thank you to the staff who did all the work of doing all this work around Fiestas Patrias. You guys are amazing. The parade was amazing. We loved them. My godson loved being on the car with me. we told him the whole parade was for him for being such a good kid he loved it and I am looking forward to the Mid-Autumn Festival was our last year amazing work I just want to let folks know that the County of Orange is now

Benjamin VazquezItem 28

accepting applications for Section 8 housing so that's opened up it opened up yesterday and it's going to be open till September 29th so make sure you get your applications in for Section 8 housing thank you thank you Councilman Hernandez

Johnathan Ryan HernandezItem 28

Thank you, Mayor Mezcua. I just want to thank my colleagues for today's council meeting. I want to thank the residents who come out time and time again to listen, learn, and share their input. And I want to thank Parks and Recreation for hosting a beautiful Fiestas Pastrias. They did bring back the parade. It was beautiful and empowering to see so many families come out and see reflections of themselves in the different forms of music, art, and entertainment.

Johnathan Ryan HernandezItem 28

We're very fortunate and thankful of the sister city relationship we have with I want to thank my colleagues for hosting them. I want to thank our staff as well, who worked really hard to put an itinerary together in a very short timeline. You guys were consummate professionals and were a shining example of what Santa Ana is. And so I just want to say thank you.

Jennifer L. HallItem 28

Thank you. Councilman Panolosa?

David PenalozaItem 28

Thank you, Mayor. And Councilman Revesquez's staff told me that that parade was for me. So I'm kind of bummed. I'm kidding. teasing teasing just want to shout out to Parks and Rec I mean the last couple of months you guys have done a phenomenal job with the numerous events and I know there's still more to come keep at it remember to let us know if you're stretched too thin resources we could find them let us know please and I want to wish a very happy birthday to our assistant city manager Steven Mendoza, our city manager Christine Ridge, our Catherine Downs, our finance director,

David PenalozaItem 28

Chief Valentin, our chief of police David Valentin, Sonia Carvalho, our city attorney. I know that I've made this joke in the past, September babies, I mean your parents had fun New Year's Day I'm sure, New Year's Eve. So happy birthday to all of you, thank you all for everything that you guys do. and I also want to announce that I will be traveling to Sacramento. The city is paying for my flight and hotel. Well to CalCities this week where I will be getting sworn in as the second vice president for the OC division to

David PenalozaItem 28

represent our city. So honored to serve you and thank you city staff and I also want to announce that this past Friday, September 15th, I had the distinct honor to get married at our local courthouse. And so I want to give a shout out to my wife, Mrs. Kim Bernice Nguyen Peñalosa. I'm sure she's watching. I love you. So wonderful. You're earning brownie

Jennifer L. HallItem 28

points for that one. Wow. Council member Becerra. This is not fair. I'm not going to follow that.