Read the September 23 meeting.

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Thai Viet PhanItem 10

Recording in progress.

Valerie AmezcuaItem 10

Madam Clerk, please start the meeting.

Jennifer L. HallItem 10

One moment, Mayor.

Valerie AmezcuaItem 10

Thank you.

Jennifer L. HallItem 10

You're ready to go.

Valerie AmezcuaItem 10

Before we start the meeting, as we always do, we're going to open up in Pledge of Allegiance. Councilman, can Alyssa please, will you lead us?

David PenalozaItem 10

Sure, of course. If you could all please rise and join me facing our flag, place your right hand over your heart, and follow along. 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.

Valerie AmezcuaItem 10

Thank you, Councilman.

Valerie AmezcuaItem 10

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. Please bear with us as the technology may disrupt the flow of the meeting. As a reminder, this is a meeting to conduct the business of the city. As mayor, I am afforded the opportunity to call for a recess or break or to even clear the meeting room. If a meeting becomes too disruptive to properly conduct business, warnings will be provided prior to any action taken.

Valerie AmezcuaItem 10

We appreciate your cooperation. For everyone's safety, per the fire marshal, please do not stand or place objects in the aisles in front of the dais along the back wall of the council chamber or in front of the entrances and exits. Guidelines for members of the news media and anyone else who wishes to film or photograph the meeting are available in the lobby. Madam Clerk, please conduct the roll call.

Jennifer L. HallItem 10

Council Member Becerra? Here. Council Member Hernandez? Here. Council Member Lopez? Here. Council Member Penaliza?

David PenalozaItem 10

Present.

Jennifer L. HallItem 10

Council Member Vasquez? Present. Mayor Pro Temphan? Here. Mayor Mesquah? Present. All members present.

Valerie AmezcuaItem 10

Thank you. Madam City Attorney, can you please clarify what exactly we are doing tonight, please?

Sonia R. CarvalhoItem 10

Mayor and Mayor Pro Temphan and Council Members, today we're having an adjourned meeting. I don't think we've done one of these before. But an adjourned meeting takes place as if the meeting that you were conducting last Tuesday never ended. We just pick up exactly upon that point at which you decided to adjourn. You do not at this meeting take any additional public comment outside of a public hearing where you're required to listen to members of the public. So we will just continue to work forward upon those items that you moved forward at your last meeting. And we'll just conduct this meeting as if it were a Tuesday evening.

Valerie AmezcuaItem 10

Thank you, Madam City Attorney. Madam City Clerk, we're going to open up with a consent calendar item. Item number 10, please.

Jennifer L. HallItem 10

yes mayor item number 10 was pulled by councilmember Becerra we have a staff

Alvaro NuñezItem 10

report or anything yes we do the executive director for community

development Mike Garcia will help thank you mayor city council the item before city council for consideration tonight is a 150,000 dollar sponsorship with Frida Sinema to continue the art walk on the first Saturday of every month. This money is coming out of a $270,000 budget that the Community Development Agency sets aside for contract services, which includes sponsorships. And I am ready to get into more detail if there are any questions from City Council.

Valerie AmezcuaItem 10

Thank you. If you'd like to speak, Council, please raise your mic so I know. Councilman, anybody? Councilman Hernandez.

Johnathan Ryan HernandezItem 10

Thank you, Madam Mayor. I want to thank members of the public who waited last Tuesday's meeting to share their comments in support of the Art Walk over the last four years as a council member representing downtown. I've had the honor of working very closely with many of our businesses and stakeholders in the downtown. I recognize the Frida Cinema Theater as one of the leaders in creating culture in downtown. And more importantly, I recognize that the Frida Cinema has been a place for dialogue. It's been a place where culture and community come together.

Johnathan Ryan HernandezItem 10

And through the Frida Cinema's leadership, they have been able to spearhead a very organic grassroots art walk that is inclusive of local businesses and artists and, more importantly, local residents. And it is certainly an important transition for the downtown that more of our local residents are at the table. And I feel that this approach is going to bring community closer together than we've ever seen for the art walk. and that is why I'll make a motion to approve this item. I'll put a motion on the floor.

Phil BacerraItem 10

I have some questions. Where's Director Garcia? Oh, there you are.

Phil BacerraItem 10

So if you could remind me again, so how did this item get on the agenda?

After, during the budget presentation in June, we thought it was appropriate to bring the item forward. uh uh Frida Sinema had been coming and operating the first Saturday art walk of the month since the downtown business improvement district was disestablished and so they had been coming to the city council or to city staff about whether we would consider a donation agreement for sponsorship and so during the budget items in in June this was something that we thought might be considered by city council for funding we had money in the contracts services professional

budget item for economic development and so we're pulling the money from that if city council

Phil BacerraItem 10

approves well thank you for that director garcia and i you just said something very important for all of us to understand and that is this item was previously funded by the downtown bid correct That's correct. And so now the downtown bid at the behest of the downtown businesses disbanded.

That's correct.

Phil BacerraItem 10

And they came to the council and they lobbied all the council members and said, please, please, please, we don't want to be a bid anymore, which means we don't want to self assess and we don't want to pay for this item. Correct? That's correct. Okay. I support the art walk. I always have. There have been folks in the community that put down the art walk and said that it wasn't something that was going to draw people into downtown Santa Ana and jokes on them it has been it's been a success and Logan Crow's been an amazing champion for that and I think if there's

Phil BacerraItem 10

anybody that's going to take it on going forward it would be Logan at least I'm less nervous with Logan taking it on but we have to you're going to hear me say the same thing that you hear me say on a lot of items which is we're going to be facing some dire straits when it comes to our finances pretty soon. Staff brought to us a budget that included upside down numbers on the parking structures and the meters. I believe that item, Mr. City Manager, that will be coming back to us, what, probably December or January?

Alvaro NuñezItem 10

Yeah, that is correct.

Phil BacerraItem 10

Okay, so that will be coming back to us so we can start to look at how we sustain things. Because the last thing we want to do is go ahead and fund this and then be able to say, sorry, Logan, sorry, everybody, we're not going to continue to do this. So I'm going support this item but i would say that we need to start and i'm looking at staff and i'm looking at our folks in downtown we need to look at something a little more sustainable for the long term because this is a very very awesome event and it needs to continue to happen but we need to figure out how

Phil BacerraItem 10

to make sure it continues to happen because the the path that it's on right now i think it's going to continue to be an exciting event but i don't want to see it just all sudden disappear so i'm saying this now so that nobody can say later well we didn't even think about it and now we're shortchanged i want to make sure that we start to have that conversation now so that we can end up with this continuing for many many years to come so with that i'll second council member hernandez's

Alvaro NuñezItem 10

motion mayor from if i may so part of this realization is exactly this right we understand that we are coming to that type of realization where we're going to have to really evaluate the type of investment we're in downtown but again working with a group like Logan through a circle aspect regarding this type of events and but it also does right it's for me for us as a city we see it as a economic development posture right we bring people to the downtown they spend money in our restaurants they spend money in our retail in fact they spend money on our parking structures

Alvaro NuñezItem 10

right so for us that is going to be part of evaluation and we would have that discussion also during the budget time so we can evaluate more clearly

Phil BacerraItem 10

I appreciate that. And in fact, I would even add that I think one of the best art walks that we have throughout the year is the one that happens to come with Dia de los Muertos. That's probably the one with the most energy in the downtown, seeing everybody come together on those nights. It's amazing. So I'm happy to see this item before us, and I'm hopeful that my colleagues will be supporting it. Thank you.

Valerie AmezcuaItem 10

Any other comments? Go ahead, Councilman Vasquez.

Benjamin VazquezItem 10

Well, you're welcome for Dia de los Muertos. When we moved it from the Yost to this side, to the west side, the restaurants didn't know what was happening, and they sold out of food by five o'clock. All the restaurants, and it was the biggest day, and I'm happy to have them sell out, and everybody else, like there's a beauty salon, and they were like, we'd lose business. I'm like, start painting faces on your chairs, and they did. They did well, So, you know, as long as they take that day. So, and Art Walk is also one of those things. Art Walk every day, every month becomes that. It's so lively and it boosts.

Benjamin VazquezItem 11

Like the city manager said, it boosts the economy. It generates tax revenue, brings people here. It increases the patronage of the restaurants. People want to be in downtown Santa Ana. It's a family-friendly event, place for us to hang out. And it celebrates our cultural history. so many of our local artists come out and they're able to sell their goods and wares and whatever they make and it's just a a beautiful time and i will be supporting this item thank you

Jessie LopezItem 11

no other comments go ahead yeah thank you um and thank you staff for letting us know where the funding is coming um i'm also going to be supporting the item tonight i think councilmember vasquez summed it up pretty good as to why this is a great event for our city it promotes the different businesses in the downtown area but also local vendors one of the things that I love most about this event is that it works with the school district so it brings in the kids and has how it works with the youth of the city to promote their art and also the partnership with the local galleries right which we've

Jessie LopezItem 11

heard in the past about wanting to see them be inclusive of our community members and so it's really an important direct economic benefit to the downtown but not just that it brings visitors from all over the city and all over the county I've met people during art walk that have come solely to explore it from San Diego and I think that's incredible and it really speaks to what the event can offer to a range of people and so I'm happy to support tonight

Thai Viet PhanItem 11

mayor protein thank you mayor um speaking of going to art walk and running into people I ran into customer Vasquez at Art Walk thereabouts a few weeks ago and so I always tell my friends to go whenever they're in town on the first Saturday of the month I think I'm fully supportive of this item I think we're all in support of Art Walk my I guess my question or my ask of staff is hey let's come back and you know think about some ways to make this a more sustainable idea it might not be a bid or in the traditional sense of a bid but I think

Thai Viet PhanItem 11

that you know since we're all benefiting there has to be a let's say some type of joint venture i would like to see that can keep this something that is sustainable year after year and is not solely reliant on the city's general fund thank you thank you mayor pro ten for that comment

Valerie AmezcuaItem 11

as i was going to bring that up you know this um starting thank you logan for everybody who's making this happen. But also with Santa Ana Unified, when the school board years ago allocated additional funding for the arts, we have all of our kids out there performing, bringing their artwork and whatnot. The mayor pro tem is correct. It would be great that if we can share that funding. Each school site has funding, site funding. And it may be great, Mr. City Manager, to have that conversation with the superintendent because every school that participates in the art walk

Valerie AmezcuaItem 11

may be able to use some of their site discretionary funds to help our youth and to grow it so it becomes larger and it's more youth focused in certain areas but I also am supporting it because it does wonders for our children for our families and we know in our schools it has improved their academic performance as well and so that is very very important but we can't carry the burden financially for everything as I always say and I'm going to support it and I will always support this when it comes down to this type of work. But I think it's important, Mr. City Manager, because you have a good relationship with

Valerie AmezcuaItem 11

the superintendent, to really share with him how you and him can partner up and use some of the schools, the different schools site discretionary funds, and they don't need to use millions of dollars, just the students that are involved in the art projects and use the site discretionary funds meet you can meet with the school site councils and ask for some funding for from those school sites because from the elementary level all the way to the high school level they have the school councils and they have their site discretionary funds and the amount is based on the number of students at each school site sometimes it's a lot of

Valerie AmezcuaItem 12

money so I just thought I'd share you share that with you and I also will be supporting the item thank you if there are no further comments let's prepare to

Johnathan Ryan HernandezItem 12

Just have a very quick comment, Madam Mayor.

Valerie AmezcuaItem 12

Go ahead.

Johnathan Ryan HernandezItem 12

Yes, I'm very happy to see that all of us are working towards the same goal and that's investing in Santa Ana. That's what this decision is about. But just words of encouragement for Logan Crow and the Frida Cinema. We're closer than you ever have with your local community and our students at Santa Ana Unified. I think one of the areas that I want to emphasize that is important is that downtown Santa Ana become more family friendly, a place where mothers and families can go and enjoy themselves, have dinner, you know, straight after school, but also that that environment also exists during the art walk.

Johnathan Ryan HernandezItem 12

I know that there's a lot of amenities for adults that they enjoy, but I think if we can make the downtown Sanana art walk more family friendly, include some more amenities for kids, you know, include more opportunities for kids to engage, maybe more child friendly booths, you know, literature, things of that sort, maybe get the library involved some way. But we want to help. We want to be at the table. And then as we have impactful events like the Mid-Autumn Festival that comes up, work closely with local organizations to highlight the history

Johnathan Ryan HernandezItem 12

of the API community. The Black History Month, work with local organizations like Second Baptist Church, you know, the churches that are in our neighborhood, the Orange County Heritage Council, Chicano Heritage Month in the month of August work with a lot of you know great local owned businesses but more importantly I think there's an opportunity for the city to work closer with our school district and I think the artworks a good example and you guys will be that liaison to help build that bridge so just want to share those words of encouragement thank you thank you

Jennifer L. HallItem 12

let's prepare to vote please a motion by councilmember Hernandez seconded by councilmember Becerra to approve item number 10 a donation agreement with the Frida Sinema to sponsor the DTSA first Saturday art walk.

Jennifer L. HallItem 12

Council member Hernandez.

Johnathan Ryan HernandezItem 12

It's not coming up here, but my vote is yes.

Jennifer L. HallItem 12

Vote is seven ayes, no nays. Motion carries.

Valerie AmezcuaItem 12

Thank you.

Jennifer L. HallItem 12

Mayor, the next item is item number 11. It was approved on Tuesday night. however both council member Hernandez and Vasquez wish to make a comment council member Vasquez

Benjamin VazquezItem 12

please thank you so much uh i've been getting a lot of comments what's happening at Jerome what's happening at Jerome Vasquez i'm i just was there and like they're fixing the fields no what's happening at Jerome uh there's gonna be a library oh yeah i forgot there's gonna be a library like that's great Mr. Vasquez the homies got to read too you know the homies got to learn how to read so i was very excited for that and libraries are so important to us it's not only a library to check out books for people that love to read but it's economic development it's a place

Benjamin VazquezItem 12

where we get better and stronger readers that are going to attract industry into our city it's a also a safe place libraries like parks and rec centers are a safe place for our children where we have households where 15 people are living in a one unit house.

Valerie AmezcuaItem 12

Yes.

David PenalozaItem 12

Because I don't, this item 11 is for the Logan Community Center?

Valerie AmezcuaItem 12

Oh, yes. Item 11 is for, so let me, amendment to the facilities use agreement with the training and research foundation to add the Logan Community Center as a service location to provide licensed afterschool programming until the end of 24-25 school year so if your comments are not about that then oh they are just I thought I'm on the wrong comment okay I'll proceed here I'm sorry I'll proceed are you gonna comment about this yes of course okay let's comment thank you so much thank you thank you councilmember yeah we need this

Benjamin VazquezItem 12

place it's a dire need families need a place again families need safe places to and for us to be a partner in the community for us to find these partnerships and be able to support our families at the same time is very necessary we have a lot of families who spend most of their money on on rent or mortgage and we we pay a high rent and this is just a very good service that we're giving out and I'm so happy that the city came and created this partnership in this community where it's very needed thank you

Valerie AmezcuaItem 12

Councilman Hernandez.

Johnathan Ryan HernandezItem 12

Thank you, Madam Mayor. I just want to thank our city staff who worked day in and day out to bring this agreement to the council. The history on what we are approving today, which is the facilities use agreement with the Training and Research Foundation to add the Logan Community Center as a Service location provider licensed after school programming until the end of 2024-25.

Johnathan Ryan HernandezItem 12

On August 17th of 2021, the City Council approved a facilities use agreement with the Training and Research Foundation to operate child care centers at Corbin Community Center, El Salvador Community Center for a term beginning August 17th of 2021 and ending August 31st of 2026. Based on the needs of the community, staff is recommending the expansion of these services to assist families in the city. This agreement came about. They actually reached out to the city and had their own grant funding. And in 2021, at the time, we had Mayor Vicente Sarmiento, and they advocated to our mayor and my office.

Johnathan Ryan HernandezItem 12

And we worked together with our city manager at the time to bring this agreement to the council. I was very happy to see that we were able to come to terms and get this approved. We are now seeing the expansion of child care across several neighborhoods in our city at no additional cost to our taxpayers. years. And what is most exciting is that what staff is recommending in this amendment to our current facilities use agreement, the Training and Research Foundation pays the City a monthly fee of $2,000 for use of facilities for current service locations at Corbin Centre

Johnathan Ryan HernandezItem 12

and El Salvador Community Centre. As proposed, the TRF Foundation will now pay a monthly fee of $600 for the use of the Logan Community Centre, increasing the total monthly fees payable from 2000 to 2600 this is a fantastic partnership between the city and the training research foundation thank you city manager Nunez for putting this on the agenda and I'm happy to see that we got this approved at our at our

Valerie AmezcuaItem 12

council meeting on Tuesday thanks thank you madam clerk next item please yes

Jennifer L. HallItem 12

mayor and City Council the next item is item number 12 power of one foundation agreement is pulled by council members Hernandez and Lopez thank you council

Jessie LopezItem 12

member Lopez please yes thank you very excited about the event I think it's gonna be a great time I'm excited to be there but as we just heard with the previous previous item we can't carry the burden financially of everything that we do in the city and so one of my concerns is that you know even though this event was not budgeted for during this fiscal year it was not part of the fiscal conversations the budget conversations unlike the previous event

Jessie LopezItem 12

that was I think the main issue for me is being asked to approve an event that wasn't necessarily allocated for and so when I was looking at the staff report and everybody should read the staff report, it's really light. There are a couple costs that don't come through or that I don't necessarily understand how, who is covering those costs because I don't want the city to be out of pocket for costs. And so I know that there's an estimate of $20,000 for PD services that I'm assuming the organization has agreed to pay. I don't know if you want to confirm that on the record.

Alvaro NuñezItem 12

Ask the question again.

Jessie LopezItem 12

The $20,000, and it's not a final amount, which I think is also the very difficult part of this contract to understand because we don't know exactly what the total pay is going to be for PD's presence, right? But the estimate that has been given to everybody on the STIIS is $19,000.

Alvaro NuñezItem 12

So part of the overall presentation of the staff report, and this we presented as a proof of concept, is exactly for that. So we are given an estimate of $20,000 for the police department. We're also given a specific amount regarding the covering of the actual stadium, the turf, the extra turf, 118,005. and so those are those some of them very specific some of the cost for staff it depending on how it comes out and the amount of people that we have so some of it's as clear as can be and that's why we present the staff is not to be ambivalent but to actually have that discussion as a proof of concept right

Alvaro NuñezItem 12

when we ask for and this is the consideration before the City Council and the mayor is that this is what it takes to have an event like this and to activate the Eddie West field whether the city joins in the risk right and that's what you see in this contract you have this partnership where we're saying look if we could have just done it like we do with the school districts for example where we actually say it costs 40,000 for them to come and rent the Eddie West they still have to have to come up with 120,000 for the covering of the field right whether the promoter or the school district comes up with that

Alvaro NuñezItem 12

cost or we do in this situation we're asking the city council to consider this proof of concept where we're sharing the risk and we're also sharing the potential earnings in other words if the company if the promotion goes out in the event goes successfully right we recover the cost not just the cost we also share and hopefully you know the winnings the earnings so that's the kind of level of presentation we did that's why when you look at the contract and you look the presentation it has that level of of tears if you will and we have parks and recreation director that can provide a little bit more detail if you need you

Jessie LopezItem 12

have other questions counselor I do and again I'm very happy with the concept I think it will be successful but the risk is we don't know what type of success we're gonna see right and you see that in the staff report with the different scenarios one of the scenarios even says hey the city may not make any money at all in fact we will lose money on this event personnel time public works parks PD all of the administrative costs on top of that we would also lose I think around nine thousand dollars for the facility fee that isn't being covered right now by the organization that the

Jessie LopezItem 12

city is absorbing and the more than one hundred thousand dollars for the turf again that the city is absorbing. And so when I was talking to staff about help me understand, right, what is how is this cost going to be recuperated by the city and not just the permit fee, the 9k and the 100,000 for the field, which I know is incredibly important for parks and recs, for soccer games, all of the all of the different programming, but how are we making sure that we are also going to recuperate personnel's time which is not reflected in the staff report.

I got cut off already. Oh there it is. I could have just done loud voice. So like City Manager Nunez was saying it's you know it's it's a you know win or lose situation.

Jessie LopezItem 12

you know back when we were developing again but how do we not put the city in a loose situation

that is my point of view here well it's a it's a risk we're taking and it's again there's more benefits of what we're doing to this you know like i said we're going to go for if if approved we will go through the event we'll have this setup and that gives us an opportunity to showcase what the stadium would look like to send out to their promoters and promotions and stuff like that to come to this it's a proof of concept you know we are helping them as much as we can to you know help promote help push it and they have already started selling tickets they have already sold some of the

vip they have got sponsorships and of course at the day of the event they are going to be selling you know alcohol liquor wine and all that goes together into what the tier is so again it's a cost estimate of what they could make and what they potentially could make so again it is a risk of you know reward and but we won't we may lose but it may not lose a lot but the further effects of what this can do is much greater. Okay got it so I guess

Jessie LopezItem 12

on my end you know had this been proposed a couple years ago and when we when we had a surplus of dollars federal dollars to directly benefit or support events like this for revitalization purposes as I wouldn't have had an issue but I think because again this wasn't a budgeted event this wasn't a council directed event. This is something that we've seen the promotions, but we haven't fully fleshed out here. And again, my main concern is all of the thousands of dollars that the city is not guaranteed to come back. I want to be able to support it because I think the concept is a great concept,

Jessie LopezItem 12

but I do want to ask that language be included, that all indirect costs be recuperated by the city and of course that is inclusive of personnel staff time

Johnathan Ryan HernandezItem 12

thank you councilman hernandez thank you madam mayor and thank you director hawkscott for answering those questions i i share very similar concerns um my concerns are going to stem from the fact that for one this event is very costly um i think the proof the concept is a great one but Power of One Foundation, they're a nonprofit and I looked into their history of concerts and there's not a whole lot of history that we can point to of them being successful concert promoters. When I look at the cost of this event, it exceeds $530,374 and the foundation is estimated that

Johnathan Ryan HernandezItem 12

the event will generate approximately $775,950 of revenue. Under normal circumstances, the city would collect a fee of $9,005 for the rental fee of the Eddie West. However, in lieu of the normal rental fee, the city and the foundation are attempting to agree to the following formula for cost recovery for the event as outlined in the table below. the milestones are number one zero to 25 percent the city would have cost recovery at if they sold zero to 25 percent of tickets there would be a maximum of thirteen thousand two hundred and fifty nine dollars given back to the

Johnathan Ryan HernandezItem 12

city meaning we would lose out over one hundred thousand dollars number two is twenty six to fifty percent of ticket sales the city would earn a maximum of $53,000.37, 20% of revenue while losing out still over $100,000. Number three would be 51% to 75%. Maximum that the city would earn is $118,548, which is the exact cost we'd be paying for the materials to cover the field. Plus, we would earn only $786 in addition to that.

Johnathan Ryan HernandezItem 12

If this event is a complete success where they sold out 100%, 76% to 100%, the maximum money we would earn is getting our money back, 118,548. Plus, we would only earn an additional $9,005, which is the entire stadium rental fee. In addition to that, we would get 20% of the revenue of the total costs, which means the maximum earnings we'd have as a city is only $49,115. But we're spending over $130,000 to earn $49,115. This is fiscally backwards.

Johnathan Ryan HernandezItem 12

And it's a challenge and a risk that we're taking that I feel we're not in a position to make. The event also seems very political. It is endorsed and sponsored by one labor group, the Santa Ana Police Officers Association. And there are politicians at this dais that are very closely attached to the POA and to this event. And I am concerned that if we enter into agreement here, there will be potential political campaigning. And so to protect the city from liability, I will make a motion to not move forward with this agreement.

Valerie AmezcuaItem 12

Councilman Becerra.

Phil BacerraItem 12

Thank you, Madam Mayor.

Phil BacerraItem 12

So with this event, I think maybe some folks missed what this was actually, everybody says they read the staff report, but it says proof of concept, right? Proof of concept. So this is not saying that this is absolutely going to work or not work. We're taking a gamble. We are. And I kind of entertained at the idea that people up here who throw out numbers for funding for events with no backup whatsoever have all of a sudden become born again fiscally responsible. Love it. I just love it. It's very entertaining. And then, of course, we hear the real reason why

Phil BacerraItem 12

this issue is even before us tonight. It's the fact that politics. We're in silly season, and God forbid if somebody that you don't agree with wants to put on an event in the city, now we got to drag them through the mud. Okay, whatever. One of the things that I want to talk about doesn't have to do with the politics, but rather just how we actually put on these events, and Director Scott, if you can come up. So we've seen events in, well, I'm sorry, let me take a step back. We've lost events in this city because of ambiguities, because we say that we need

Phil BacerraItem 12

certain things and then it's either TBD or, you know, don't worry, the invoice is in the mail, it'll arrive. We lost OC Pride, and this is not necessarily, I'm going to also look at Acting Chief Rodriguez on this, when it comes to what we're billing. So for instance, Section F of the agreement says, Foundation shall, oops, let me go to Section I real quick. I'm going to jump back to F. Foundation shall provide additional restrooms as deemed necessary by city parks and rec staff for the event, and the cost of such additional restrooms will be added to the overall

Phil BacerraItem 12

budget for the event. So I've been to the stadium a couple times. I feel like there's a couple of restrooms already there, but my understanding is we're going to be adding some portable restrooms so it's really unclear and I'm saying this as a question is it really unclear how many of these additional restrooms will need and how much they cost

so the restrooms that you're referring to are the ones that are going to be down on the stadium for the VIP for the actors for the performers right you know so they're also selling the VIP they're selling the tables they're selling all that so that's specifically for down there the stadium restrooms will hold as they have always the people that are in the stands but for the additional restrooms they are for the ones on the bottom so you know they do come up all nice just they're not having to climb through the stairs and you're not separating the vips from the general admission

so the additional restrooms are at the doctor scott i'm sorry i i get the concept of why you

Phil BacerraItem 12

would have those but what i'm trying to understand is why would we not just give an upfront cost

this is what we anticipate it to be i said i was working with the foundation on that and then giving

Phil BacerraItem 12

us the accurate numbers okay and i'm going to throw the same question over at pd because from From my understanding, that's why we lost OC Pride, because they get these invoices from PD. The stadium has been around since the 1960s, so I can't imagine that PD goes, oh wow, new terrain, let's see how many we need. You guys have done plenty of games there, you guys have done plenty of events there, it shouldn't be a question how much it costs. How many officers do you need? If, let's say, half the stadium's populated, this is how many officers we need. If it's just a huge success and it's bursting at the seams,

Phil BacerraItem 12

This is how many officers we need, but I feel like we don't, as a city, give these folks, you know, that want to use our facilities the ability to understand what the potential range of cost is. It's TBD. I've had conversations with current tenants of the stadium who say to me, hey, you know, we get a bill months down the road, and sometimes it's pretty big, and we didn't anticipate that. Is there a way, Acting Chief Rodriguez, we can, I guess, provide some predictability when it comes to the cost of policing? Because I don't feel like it's really that ambiguous. If there's a giant traumatic event at the bowl,

Phil BacerraItem 12

I mean, I think that goes above and beyond what the reasonable expectation is of the folks renting the bowl. So as far as the reasonable staffing of the bowl, is there a way that we could provide a reasonable range for folks wanting to use the bowl?

Thank you, Council Member, for the question. and the response is there is a formula that they use our practice and from what I understand they're still in the planning stages as a matter of fact there's a meeting tomorrow regarding this event but right now preliminary based on the estimates if we estimate seven to ten thousand people attending we are staffing 14 officers two sergeants that's 16 officers and that's where we get the cost of 19,000 is there potential for additional staffing needed it all depends on the venue if they reach full capacity. So there is a formula or an estimation of best practices of

the size of the event, population, and officers. Okay, great. Thank you for that. And so

Phil BacerraItem 12

another issue I have is on the flooring. So that's a huge cost. That's a huge barrier for somebody that wants to do an event in our bowl to have to pay was 118 000 that's in addition to the 9 000 for the rental fee forget all the cost sharing revenue generating just simply i'd like to do a concert at the stadium well thank you sir for your application that'll be 9 000 for the fee and 118 000 for flooring how does that make us competitive just in the regional market if we're having those sorts of costs that they've got to pay up front well i mean that is the the true cost

of the flooring and that is the delivery of it that is the installation of it and it is i mean it's it's a huge undertaking so we've talked to the experts of what it costs to take like that so when we originally were going to purchase the flooring you know one it came in way much higher than anticipated two it was highly recommended and these are from the experts out at sofi stadium that it needs to be in a controlled environment you know stored and then he said the biggest thing that is the labor that goes into install, take down, and like that.

And what we're asking is, because we have such a quick turnover, is for them to do it at that time.

Phil BacerraItem 12

Well, Director Scott, I don't in any way question whether you've got the right deal and your expertise on whether the flooring is the right flooring, how it should be kept and all that. What I'm trying to say is maybe, you know, Mr. City Manager, this is a longer conversation down the road. But I think we need to look at, you know, if I wanted to do the same event at Glover Stadium in Anaheim, am I going to face those same sort of costs? If I'm going to do it at other comparable venues, am I facing those same costs?

Alvaro NuñezItem 12

To answer the question specifically, so does that make us competitive? I'm not sure it makes us competitive, but what it does prove, and it has to be a level of discussion, is that's the consideration, right? The $118,000 and the $9,000 of staffed. That means whether the city looks to absorb the costs or we seek to get a promoter, that's a cause that has to be analyzed. And that's what this seeks to promote, right? Part of the discussion is exactly that. We keep talking about activating certain areas, right? One of the reasons why I supported, again, and recommended that we staff prove that discussion,

Alvaro NuñezItem 12

what we did just two votes ago, right? This economic development component where we make sure we attract people to the downtown. We're trying to revive an area that we haven't activated for a long time. Right? So that's the key when we share this evaluation. It doesn't get lost on me that some of the guarantees we have to provide is exactly that. Right? We want to get with X promoter, right? Part of the discussion in the first meeting was say, okay, promoter X, It's $10,000 for staff time and $120,000 average for the covering, period.

Alvaro NuñezItem 12

Whether we like it or not, that's the level of discussion we're having. And this is exactly part of this proof of confidence that we're going to get at, right? From the staff perspective, this is what we're trying to present, a very fact-faced, this is the key, this is the option, right? To the extent that we're sharing the risk, and I appreciate the consumer's concerns, Council Member Lopez is correct, we can't guarantee it. The only way we can do this is help with the promotion, help with the ticket selling. The Fiestas Patrias gave me that kind of perspective.

Alvaro NuñezItem 12

We literally have 3,000 people on Saturday, 3,000 people on Sunday, more or less. You saw the updates we gave. Those are the kind of attractions that we're trying to get. Can we do better? Yes. This is what this Prova Council is seeking to do. we're not trying to be what's the word misguided in the language we're trying to provide a contract that presents very transparent perspective so we can analyze that and this is a kind of discussion right the the reality just you know um two weeks ago and changing the ability to sell a different type of alcohol again it's because we're looking to move in a direction that activates an area

Alvaro NuñezItem 12

and a discussion then I since I've been in the play of the city has always been a discussion When are we going to do this? When are we going to do this? We're doing the lighting. We're adding the extra seating. This is another opportunity for us to discuss. And we lay it at the feet of the council members and the mayor.

Phil BacerraItem 12

Thank you, St. Mayor. I have one more question. That is, so when one fills out the form to rent out our stadium, is there anything on there that talks about political affiliation, any organizations that support or don't support them? Is that, if you could tell me what line that's on?

There isn't one at all.

Phil BacerraItem 12

So there isn't. So I don't have to declare that a union or a political activist group is a part of the event, right? It's just simply what the event is, correct? Correct.

It's what the event is, what it entails of, how many people are expecting, amenities and such like that.

Phil BacerraItem 12

But nothing political?

No, sir.

Phil BacerraItem 12

Okay. And I just want to thank my colleagues for bringing up that the POA is a part of this because I actually truthfully didn't know. I didn't know because when I saw this, I'm on the agenda. I thought this is a great sounding event. I think it'll be successful. I looked at it as a mariachi festival. But it is funny though that, I don't know, maybe about six months to a year ago, there were council members up here that were thumping their chest saying, every event is political, all these festivals are political. Remember that? Remember when you said that? They're all political, but all of a sudden today,

Phil BacerraItem 12

because it's not your political group, now it's bad. That's kind of ironic. That's all I have, Mayor, thank you.

Thai Viet PhanItem 12

Mayor Pro Tem.

Thai Viet PhanItem 12

Thank you so much, Mayor. Thank you to my colleagues for asking all these wonderful questions. Mr. City Manager, you know that I've reached out to you for a long time to talk about the events process in the city's special events process. And I always think that, you know, when we're talking about policies and processes in the city, there's always room to improve. And it's always with lived experience that we can work through those hurdles. Sometimes it makes sense as staff or as an internal team. But when it comes to third parties trying to go through the process, it can be difficult. So I really appreciate those questions.

Thai Viet PhanItem 12

Definitely the issue about police staffing is something that I do get a lot because it is something that can feel very unpredictable at the end of the day. And so we want to find ways to make that more predictable for our partners. I do want to say that I'm super excited about this event. I, you know, didn't know about it until it was on the agenda. And just looking at the possibilities of what we can do at the stadium. Look, guys, when we were talking about getting new flooring and these new chairs, and I was like, what are we going to do? Who's going to use it? What kind of events are we going to have here?

Thai Viet PhanItem 12

And then I find out that this stadium is going to seat more people than the Pacific Amphitheater, where I got to see Trevor Noah. You know, this is going to have more space. It's going to have better parking. It's going to have more immediate access. It's going to be more convenient for many people. It's going to be something that is going to help bring revenue here into the city. It's going to be something that's going to help our community partners have a great big event space that isn't a dirt lot. There is going to be an area where our schools and our community organizations can come together and really be a part of a place.

Thai Viet PhanItem 12

And I believe that because we already call it the Santa Ana Stadium, because we already have Mater Dei and other teams play there, I really believe that we can make this another pillar of the opportunities and the offerings that the city of Santa Ana has. And so we've talked about economic development for a long time. When it comes to economic development, nothing is for sure, right? When you invest in the stock market, there's a risk of loss. When you invest in real estate, there's a risk of loss. And when you invest in something like this to see if we can actually hold these types

Thai Viet PhanItem 12

of events with these types of demands whether it's you know food vending restrooms flooring music there is always a risk of loss but this is the time to do it we have a few years until the sunset of measure X if we don't take the opportunity now we are going to miss the boat we have to see if this works and if it doesn't work a hundred percent the first time we can tweak it for next year or for the next event but if we don't try we're gonna lose out on a potential revenue source that I think when we look back, we're going to say, why didn't we try it? And it's because we were afraid to do so.

Thai Viet PhanItem 12

I am confident in our staff, in our team. I know Power of One has been a great partner when it came to, I think it was 4th of July they were out there and they've done other things with the city. So I really want to see where this goes. And frankly, I'm just super excited to hear some mariachi. Someone give me a hat. I'm going to be out there and I'm going to be celebrating with our community. last thing I will say is that these types of events that are targeted toward the core aspects of our community you know our Latino community our Asian American community our black community anyone like particularly I think for me

Thai Viet PhanItem 12

having experienced Fiestas Patrias the way I did this past week or this past month seeing how there's such a huge need of these types of celebrations not just in Orange County but throughout Southern California for people to come together and experience it in a way where it feels like we're doing it in unison is incredible and I think that Santa Ana can be at the forefront of that type of event not just in the county but in Southern California but we have to take this first step I think this is exactly it so I will be voting wholeheartedly for this item thank you Thank You mayor proud of time

David PenalozaItem 12

council members panelist Thank You mayor Mesquan I want to thank the Parks and Rec staff for your work on this item over the last couple of months. Back in May, I was at our public library, our main library here on Dia de las Madres. I was there at five in the morning with Brian, our library director, if you recall, and Mariachi Real del Siglo, which is a Century High School mariachi band, was there playing all morning for Univision and whatnot for the Las Madres and one of the some of the students were they

David PenalozaItem 12

brought it up to me they brought up the mariachi festival which I hadn't heard of I had no idea what it was and they're like oh yeah we're working to be part of the mariachi festival in in later this year and I was like I don't know what that is but that sounds great let me know how I can support and help So, you know, I was excited to see this youth showcase at the Mariachi Festival next month, hopefully. And we just got done with talking about Art Walk and how we should incorporate SAUSD and SAUSD students. And here we have an event that's going to incorporate SAUSD and their Mariachi and showcase

David PenalozaItem 12

their talent, give them the opportunity to play at our stadium, and also, at the same time have an economic drive for our city for our downtown another one we have numerous economic drives for our city which are great and this would be just a new one that we could as mayor pro tem said seize that opportunity and be able to activate our stadium what we all talked about when we're approving the budget how can we generate revenue how can we activate our Santa in a stadium I know that there's a couple other Santa in a high schools as well as st. Ann's

David PenalozaItem 12

Santa Ana College and Godinez and a couple other schools that are going to be showcasing their talent at this Mariachi Festival, which I'm very excited to see, and I'm excited for those students to be able to play at a stadium, a stadium that they've only probably been to during a Friday night football game, or maybe once every four years for their high school graduation. they'll get to now play and showcase their talent through mariachi and have their families come and see them play their mariachi talent. So I'm excited for this. It's a great event. I wholeheartedly support it. It's a learning curve.

David PenalozaItem 12

Maybe this one, we won't see 100% of our revenue recuperated or our investment recuperated, but you know it gives us a way to improve for next year's event and hopefully these events keep coming back so I wholeheartedly support this item and looking forward to it thank you mayor thank you councilor Bessera

Phil BacerraItem 12

thank you mayor and I appreciate some of my colleagues comments on our stadium think about it number one high school football team in the nation not in the county not in the state but the nation plays at the Santa Ana Stadium the The oldest high school in Orange County plays at Santa Ana Stadium. Santa Ana College has won national championships playing in our stadium. We've hosted United States presidents, plural, in Santa Ana Stadium. And now we're adding yet another dimension to the stadium with mariachi. This is a great, again, proof of concept. Let's see where it goes. I have faith it's going to be successful.

Phil BacerraItem 12

I don't even understand why we're bringing it forward as a proof of concept because that makes it sound like we're not sure if it's going to be successful. I think it's going to be fine, frankly. So rather than keep dragging this out and letting it devolve into a political discussion, I'll go ahead and move the item.

Valerie AmezcuaItem 12

I'll second. Thank you. There's a motion and a second. There's two comments down here. Councilman Vazquez. I see. That's why I'm calling on you.

Benjamin VazquezItem 12

Thank you so much. I'm really excited about a Mariachi Festival in Santa Ana. And it's something that we need and excited for it to perform but as I heard it like I really would wish there was a process where we would have an RFP we would say hey we want to prove a confidence who wants to do this and we would get all these groups who would apply and and then we would send it either through the Arts and Cultural Commission or we get to see it and it would be a beautiful thing and also if we're paying 118 000 for a flooring can we use it more than once friday and

Benjamin VazquezItem 12

saturday saturday and sunday friday and sunday the cost would be half so um i would want to have more than one event on this time i would have wanted an rfp i would want a process where we could move forward things i want to make sure that the the feasibility of an organizer to attract people to pay for this event so not having any of that I will not be

Valerie AmezcuaItem 12

supporting this here mayor I have one question I may have per time is gonna speak and then I got a good councilmember Lopez thank you so when we

Thai Viet PhanItem 12

had our agenda review mr. city manager I think this is the only item I asked you about right so please correct me if I'm wrong but it's my understanding that power of one foundation came to the city with an application for a special event back in the spring or winter, is that correct?

Alvaro NuñezItem 12

Actually January.

Thai Viet PhanItem 12

January, okay. So Power of One Foundation had the idea for a Mariachi Festival at the Santa Ana Stadium, correct?

Yes.

Thai Viet PhanItem 12

Power of One Foundation was the one who said we're going to make this happen at the Santa Ana Stadium, is that correct? Yes. And the city staff was the one that said this is a great idea, how can we partner? Yes. Is that correct? Okay. And so it's the city that is benefiting from the ideas and I guess hard work of the power of one foundation in this circumstance, correct?

Alvaro NuñezItem 12

Yes.

Thai Viet PhanItem 12

And we are looking to find a way to partner so that we can all benefit financially from this adventure that they've come up with. Is that correct?

Alvaro NuñezItem 12

Yes.

Thai Viet PhanItem 12

Okay. So this is not an event that the city said, hey, we're going to do it. We're just going to pick someone out of thin air to throw a mariachi festival. we saw an opportunity that someone had a great idea said they want to use a venue that we hadn't started using yet for something like this and said and we said how can we work with you how can we be a better partner how can we as staff find ways to make revenue for the city without having to reinvent the wheel I want to commend staff for that you took a chance an opportunity and said how do we work together and do something great in the

Thai Viet PhanItem 12

city so I just wanted to clear that record because I had the same questions thank you thank you councilmember Lopez and then we're gonna take a vote

Jessie LopezItem 12

councilmember Sarah then we're take a vote here thank you again I think we are gonna benefit from this I'll be there I'm gonna support the event it sounds fun and when I was listening to the council member speak it reminded me he brought up a really good point it reminded me about why we've lost big productions in the city like OC pride right when they got a bill that they had to pay 50,000 for PD that wasn't an estimated cost that we could provide them because we didn't know what it would be right and that's that is why I'm assuming no specific dollar amount to that extent is being included because you can't really

Jessie LopezItem 12

you can't really predict how many officers you're gonna have the amount of time all of that and that was one of the main issues with OC Pride right getting that bill being a small nonprofit not being able to pay for it so it was astronomical so the question is how were these flexibilities not exercised in the past one and two because even even our small neighborhood associations right they're made to pay permits they're made to fill out uh x y and z paperwork if somebody wants to

Jessie LopezItem 12

rent our gazebo we rent them we charge them right even residents um and so i just want to understand how we're picking what proposals are made to be um how we're making them to comply with our internal policies that the council has approved and which ones were not. That is really also a big issue for me here that I need to understand because when I hear from the community and they're telling me look we want to do this but we need a permit we need to pay the permit fees right even at the smaller scale we're making people do that but a nine thousand dollar permit fee we're

Jessie LopezItem 12

waiving we're going to absorb that doesn't make sense and I hope that you understand that I hope the public understands that there should be no reason why anyone here is insulting anyone for simply asking questions that are apparent once you read this report.

Jessie LopezItem 12

Additionally, I think to sit up here and say this is a generator of economic development when we're all saying, well we don't know if we're gonna make money, is not necessarily, you're not making money if you're losing money. And you need to make money to provide services that people demand from the city. Again, I'm gonna be supportive of the event with the caveat that we include language that all indirect costs are recuperated and additionally I think if we haven't I haven't confirmed with staff if this is if you've done this or not but notifying Wilshire Square about the events because they always when we

Jessie LopezItem 12

have events at the Bowl their neighborhood always is just oh sorry Washington thank you Council Member Washington Washington Square so so yes

Alvaro NuñezItem 12

Yes, yes to all your points, yes to understanding. And so, those concerns as far as a sense of continuity, a reflection of how we approach policies and consistency. So the police cops is a perfect example, right? And so, yes, we can give you a blanking statement, right? If we say there's 3,000 people, and depending on the square footage, the area, those are the type of formula that the chief is talking about. How do you articulate and how do you give a precise cost? There might be a different cost, for example, at Eddie West, this is a control area we're giving the parking and the exits and the components,

Alvaro NuñezItem 12

as, for example, at Centennial Park. So when we do an evaluation, that's the key. And then sometimes we go a little further in trying to help the promoters, than the groups, including the non-profits. So do we need soaring officers? Can we deal with security guards at a lower cost? Those are the kind of discussions that we have as we get closer to the actual event and to the exact idea where we want to help then the person applying for this type of event be successful. In this case, this is what we keep using the word proof of concept, right? What are the costs?

Alvaro NuñezItem 12

One of the first things we saw in the evaluation, once they came up with the idea, again this is since January is one whatever processes to do this the the cost for the covering of the actual turf as a minimum cost whether we pay it or the promoter pays the cost of staffing as an example the ability to sell a different type of alcohol a different type of APC license I mean as the customer said you know maybe have a two-day event right do we then as the city promote get our own ABC license right and do we establish our own promotional component those are the questions that as we're going through

Alvaro NuñezItem 12

this process are being raised up so if and when this event occurs right we're still going to have those level of discussions because that is what we have to discuss and evaluate as we move forward if we're looking to activate the area west you're not wrong right 6500 a Pico Rivera and they fill it out Pacific Campadour in Costa Mesa, right, yeah, $8,500, and they fill it out, and they do it for Friday, Saturday, and Sunday. So this is the item that we're looking to do. The difference between, for example, the Pacific Avenue, you know, we have to partner with Washington Square. We have to partner with the neighborhoods.

Alvaro NuñezItem 12

And that's not just on benefit. We'll know that there will be income generated to the parking structure. We know that the county may benefit also at the parking structure. And those are kind of unsolicited type of funding they did earn that we don't know the numbers about. So those are the things that when we look at a project like this, we will evaluate and we will assess. And I am hoping you are successful, so would you generate? And again, the concept was very minimal in the sense proof of concept. We take the risk with the petitioner, and we make the earnings when they make the earnings.

Alvaro NuñezItem 12

That's the potential aspect as we look and analyze the event.

Valerie AmezcuaItem 12

Thank you, Mr. City Manager. I have not had an opportunity to speak yet. I think everybody's done their three rounds of counting here. and this has gone on pretty long. I just want to say thank you to the city staff. I know when this came about in January, I heard about it. I think it's going to be a great event if it does take place. You know, when months ago when we were talking about the budget, a council member up here said, let's have an MMA event and fill the event. Fill the Eddie Westfield. And we all nodded our heads, yes, like, yeah, let's do it. So we're not here, you know, people say, like, don't be mean,

Valerie AmezcuaItem 12

don't call names, don't make it. It becomes political because it is a silly season of politics. I didn't even know POA was supporting it, but there are a lot of people that are supporting this event. Thank you, Councilman Penelosa, for bringing up Santa Ana Unified students. All of the schools in Santa Ana Unified that have mariachis will be playing during the day. And from what I saw on the flyer, and correct me, Director Hawk, in the evening is when the charge, if you want to explain how this in the evening is a live concert and food and alcohol. Can you explain that, please?

yeah so in the morning it's a community base you know all these competitions it's free for everybody they do that for a couple hours of morning then once that's over it includes our children that includes the children correct after it's all closed out we shut down the stadium clear it out and then comes into the paid event of the of the night where you got some great talent coming in throughout the night and then that's where they'll sell the alcohol that's where they'll sell the food and all stuff like that but the morning is traditionally for the community for the unified all the school districts that want to be involved, yes.

Valerie AmezcuaItem 12

Thank you so much. Thank you for clarifying that, and that's all I have for you. You know, we make these things again at this time because we're, I don't know, I don't even know how many days away from election. It becomes political. Let's just take that lens off and talk about how much, if we can generate revenue, how this will look to other people, to other cities, to other organizations that want to say, we want to do business with Santa Ana because they're opening the door for us. We want to go to Eddie Westfield and have a great soccer competition. We want to have an MMA fight. We want to have another concert.

Valerie AmezcuaItem 12

You know, I saw a great Rolling Stones band on Saturday in one of our neighborhoods. We want them to come. We'll probably fill it up. I mean, so I think, city manager, you shared with me, we seat more people than the Orange County Fairgrounds. Is that correct?

Alvaro NuñezItem 12

We checked. And again, I think Pico Rivera has 6,500 sitting, and then the Pacific Amphitheater at the Orange County Fair is 8,500. We're at 9,000. With the 300 additional sitting we're adding in the next couple of years, we'll have over 1,100, 1,200 seats, the lighting, the signage. And so for us, this is an opportunity in the next two years to really activate it. but but the comments don't get lost on me as far as a process consistent an RP discussion and evaluating the components how do we make it more transparent and easier this is what we're doing at this this is why we're being it to the

Valerie AmezcuaItem 12

council and I think it's great that mayor pro temp's question was that the power of one foundation applied in January they applied for this event like they do in other cities Long Beach or wherever they have their other events nobody went out and sought them out so it was it was them approaching us and I you know I don't care who's giving them money police fire the Pope um Chief Spa voice of OC I don't really care who's giving them money and thank you because I did not know POA you know is sponsoring it but I think what it is it's going to be great for our community and of course I know that our city staff will notify the

Valerie AmezcuaItem 12

neighborhoods surrounding the area as we always do that is nothing new we always do and of course you can't make everybody happy but we do notify the neighborhoods and so if we're going to sit up here and talk about let's generate revenue and let's do good business this is also good business for downtown Santa Ana for the merchants down there and they've gone through heck with all the construction going down there so I'm all about let's generate revenue and this is not about who's friends with who because if I'm not mistaken Mr. City Manager I believe I asked you a question about a concert I heard about that was taking place being

Valerie AmezcuaItem 12

run by Roman Reina and Suavecito and a councilman that was sitting up here because one of the unions approached me and said hey we're giving $10,000 and I was a little concerned like hey I don't know anything please go to Mr. City manager or Miss City Attorney because I don't ask people for money I'm not gonna ask you for $10,000 for any event. So I just want to be clear on that. They came in January. They do their own. They asked. Santa Ana Unified students are going to be playing mariachis in front of their parents. It's going to be wonderful. What more could we ask for? And

Valerie AmezcuaItem 12

then in the evening, we're going to sell food, or they are going to sell food and some drinks if you drink or soda pop. And we're going to generate some revenue. And we're going to throw some chanclan listen to some good music if it gets approved this is not political this is about generating revenue for our city and again putting santa anna on the map that's what this is about this is not about politics and so if you don't understand that there's a there's a problem with that so i will leave it at that councilman becerra thank you mayor i think you summed it up perfectly

Phil BacerraItem 12

This shouldn't be about politics. It should be about generating revenue and utilizing the stadium to showcase our local talent. I just want to clarify that this motion going before us, this whole discussion about indirect costs, that seems a little too ambiguous. Maybe it's lost on some folks up here, but we're voting on a contract that was brought before us. I don't think it's really up to us tonight to start renegotiating something that is a proof of concept. This is not something, this is not a development agreement. this is not something that obviously there's already some ambiguities in here and some things

Phil BacerraItem 12

that will be determined after the fact there's different scenarios in the staff report that talk about we may get our costs back we may get a little more even more than that we'll see so the motion on the floor at least that i made will be for what staffs presented to us this evening thank

Valerie AmezcuaItem 12

you thank you and there's a second and councilman hernandez thank you madam mayor i want to thank

Johnathan Ryan HernandezItem 12

my colleagues for the the dialogue here it's important that the council have a an array of diverse opinions I mean all of us were elected so that we can have you know robust discussions about protecting your resources in your community as your council member I'm always going to work to protect our taxpayer resources when we had the winter wonderland that I fought for alongside councilmember Becerra back in the COVID pandemic we introduced a winter wonderland that was costly and our hopes were to generate revenue by bringing families out here to ice-skate and many families made beautiful

Johnathan Ryan HernandezItem 12

memories with their loved ones but unfortunately we had to make a tough decision to move past that event because it was costing us upwards of $900,000 and we were barely generating $100,000 we made a fiscally responsible decision to move away from that event as a council member that loved that event and would go with his daughter and saw many families enjoy that. It was a tough decision for us to make, but I had to make a sound decision for the betterment of our resources in the city. As a council member, I'm looking at this event and as fantastic as the partnerships are,

Johnathan Ryan HernandezItem 12

the city will not recover our costs unless this event generates $530,374. That is the only exception that exists for the city to recover 100% of those costs. At that point, the city will then be reimbursed for the $118,548 for flooring. Then we would also be given $9,005 for the Eddie Westfield Stadium at Santa Ana that we would have normally been charged. And at that point, we're spending more money to generate the bulk of the money that is going to be generated

Johnathan Ryan HernandezItem 12

is going to be the foundation. If this event generates $775,950 of revenue, as estimated by the foundation, the city would receive the same $118,000 cost recovery plus $9,005 for Eddie Westfield, and plus a potential $49,115. That would be the maximum money that we could generate from this partnership. It's not a great partnership for us. That's the concern that I have. The other concern is that this partnership is bringing us a contract 20 days before this event this event is on October 13th the concern that I have is we're

Johnathan Ryan HernandezItem 13

spending 100 plus thousand dollars of monies that do not belong to us in a city where we paid out 600 plus thousand dollars for unfortunately liabilities related to some of my colleagues on this council I have to be fiscally conservative about this approach to this event the only condition as to how I will support this event, I'll ask for an amendment from Council Member Becerra, is if we report back to the public and the council the earnings of this event at the meeting on October 19th. If you're willing to accept that amendment, I am happy to vote in favor of this item.

Phil BacerraItem 13

Well, Council Member Hernandez, I like the idea. I would ask staff, is that a reasonable turnaround? I think what Council Member Hernandez is asking for should be brought back as a receiving file, but what's the timeline that you think would be appropriate?

Alvaro NuñezItem 13

I'm not sure we're going to be able to collect it right away, but two weeks after that? That would suffice.

Johnathan Ryan HernandezItem 13

I think as long as we can engage in the best practices of transparency, I think everyone wins here. I think if we can push it out to the meeting at the beginning of November, it shows in good faith a partnership with this foundation. It shows that we're supporting a proof of concept that I think will be great, but it also shows that we're taking these partnerships and transparency very serious, and I think everyone wins then.

Alvaro NuñezItem 13

So, as Tab reminded me, as part of the contract, we do have an audit component. So January, even if it seems longer, it allows a better opportunity for us to really evaluate and do a complete audit. And it is mentioned in the actual contract itself. As long as you'd be willing to include that amendment, Councilor Ambassador?

Phil BacerraItem 13

I'll amend my motion to include that audit as a receiving file in whenever our meeting is in January.

Alvaro NuñezItem 13

Right. And again, I do want to commend my staff for reminding me that. And this goes back to this whole component, right? We understand the unconventional way of coming into this type of agreement. But again, right, we're sharing in the responsibility with the applicant, but we also want to be conscious that's the level of transparency we want to have. And that's the key, right?

Phil BacerraItem 13

Council Member Paloza, do you accept the amendment?

Alvaro NuñezItem 13

Yes.

Valerie AmezcuaItem 13

Did you have a comment before we vote? We're going to vote now after this.

David PenalozaItem 13

I just wanted to state for the record that I agree with Council Member Lopez on the PD cost. I'm very supportive of having PD present at all our events, but we've got to be very upfront and transparent with these nonprofits of what that cost is going to be. I agree with my colleague. I know that the OC Pride, that's why they went away. It's because the surprise bills after the event is not cool. I mean, I get it, it's real cost, but we've got to figure out a way where we could know the cost and be able to notify whoever the group is putting the event together up front of what that's going to be. That's all I wanted to say.

David PenalozaItem 13

All right, let's prepare to vote, please.

Jessie LopezItem 13

Can you hear the motion out loud, please?

Jennifer L. HallItem 13

Yes, this is a motion by Council Member Becerra, seconded by Council Member Penaloza, to approve the recommended actions for item number 12, with the addition of a receive and file of the audit at the January 2025 City Council meeting.

Jessie LopezItem 13

I'll make a sub motion to approve the item as recommended by staff, including item one, two, and three, with the condition that all fees like the turf fee and all indirect costs are paid back to the city. Because again, I want this to be economically feasible so that there can be a benefit to the public. because again as we all have agreed on there is no true transparency on what the true cost of the event is going to be and I will also include the recommendation by councilmember Hernandez to include a detailed receive in file by the end of the date that's in the contract that they which I think is

Johnathan Ryan HernandezItem 13

January 2025 I'll second your motion councilmember mayor I have a question so

Phil BacerraItem 13

when we say indirect costs so one one moment we're saying acting chief give us the exact costs director scott give us the exact cost but then we want to build into the contract indirect costs which is this big ambiguous we don't know what those costs are this is a proof of concept in case that word has been lost on everybody it's proof of concept we need to see what those costs are going to be correct me if i'm wrong but i believe that's the idea here right to see what those are we may profit we may not but we're taking a risk on an application thanks mayor pro tem who called out that they applied to us hence why we didn't

Phil BacerraItem 13

have an RFP so when you say indirect costs that seems like a very open-ended thing that I will

Valerie AmezcuaItem 13

not be supporting okay thank you no and I will not support it either because if we're going to start talking about turf coverage and you know having them cover again they applied in January I think our turf is very important Santa Ana unified has graduations every year and we do not cover our turf and the young ladies have big giant high heels on I've been to many many triple-digit double-digit graduations and I've never seen our a turf covered but I've seen a lot of high heels so let's let's be fair here so again I'm madam city clerk there was a motion and a sub motion and then we're gonna go on

Jennifer L. HallItem 13

from there so the current motion on the floor is the sub motion by council member lopez seconded by council member hernandez to approve the recommended actions for item number 12 with the addition of all fees and indirect costs being recuperated by the city and the receive and file audit in january 2025. madam senator can you do a roll call it's just easier please council member becerra no council member hernandez yes council member lopez yes council Councilmember Penaloza? No. Councilmember Vasquez? Yes. Mayor Pro Tem Fan? No. Mayor Mesquah? No.

Jennifer L. HallItem 13

The vote is three ayes, four nays. Ayes by Councilmembers Hernandez, Lopez, and Vasquez. Motion fails. So we revert to the original motion on the floor, which is by Councilmember Becerra, seconded by Councilmember Penaloza to approve the three recommended actions for item number 12, with the audit report to be presented as a receiving file in January 2025. Councilmember Becerra? Yes.

Jennifer L. HallItem 13

Councilmember Hernandez? Yes. Councilmember Lopez? Yes. Councilmember Penaloza? Yes. Councilmember Vasquez? Yes. Mayor Protem Fan? Yes. Mayor Mesquah? Yes. Isn't that beautiful? Seven ayes, no nays. Motion carries.

Valerie AmezcuaItem 13

All right. Let's go on that. Item 18, please.

Jennifer L. HallItem 13

item 18 is an item from staff

Thank You mayor and councilmembers I'd like to call up number call up Nabeel Saba the executive director he's going to be loading a PowerPoint presentation to walk you through the Standard Avenue and McFadden Avenue bikeways project

good evening mayor mayor Potem and council members item 18 on the agenda is to authorize a contract with Vito Sumrich general engineering contractor to construct a bike lane or lanes on McFadden and Standard Streets.

Valerie AmezcuaItem 13

I'm sorry, could you talk into the mic closer please?

Sure.

Valerie AmezcuaItem 13

Thank you.

The project's limits are on Standard from Warner to Second and on McFadden from Harbor to Grand. The work includes the construction of bike lanes, street paving, landscaping, drainage, traffic signals signage and striping the project work will be divided into four separate phases

project history I would like to start with some history on this project planning documents were approved in 2019 and 2022 which included the complete street plan active transportation plan and the general plan there were 17 community meetings throughout the planning and the design process starting in 2016. the grant for the project were awarded in december 2019. coordination with railroad service proved to be a challenge that delayed the preparation of the construction

documents and the project was advertised twice project funding there are multiple funding sources for the project they include active transportation grants gas tax area fee transportation area fees fees, trench cut fees, Measure M2 fees, and Measure X general fund city funds.

Some of the project benefits include, aside from construction of bike lanes, improvements The improvements include paving, upgrade of traffic signals, bus pads, ADE ramps, pedestrian crossings, and many traffic calming features.

This is an example of the improvement on Standard Street.

this is how standard and McFadden intersection would look like

like I mentioned before the work as mentioned before the work with the railroad authority began in June 17 of 2021 the design work required a design agreement with the railroad service which was or proved was was approved on august 13 2021 after multiple rounds of review and coordination the final engineering plans were submitted to the railroad authority on march 8 of 2023 we did not receive a response from the railroad railroad until june 7 of 2023 when the city was informed

the schedule for receiving plans to include in the city's bid package would be would would be delivered it will be late about four months at that time we immediately notified Caltrans of the delay from the railroad authority and began the process to extend the construction award deadline construction award deadline it was extended by Caltrans to September 30 of 2024. we received the final plans from the railroad authority to include in this in the city bid document on April 11 of 2024

this is a picture of the current condition of McFadden and the railroad crossing

This is a copy of the improvement plans for the McFadden Railroad Crossing.

This is an example on how the final improvement would look like. This is in the city of Santa Ana at Lyon Street and the railroad crossing.

Contract and bidding. We originally advertised the project on May 11 of 2024, about a month after received the package from the Railroad Authority. Bids were received over the engineer's estimates and the budget. The project scope was modified and was rebid. The new bids opened July 9, 2024 due to the bid protest and counter protest between the lowest and the second lowest bidder staff determined to rebid once more to avoid potential litigation and missed grant deadline.

The contract document clarified the project and was rebid. The bid results currently had no bid issues. It only was within and now is within the engineer's estimate. And the lowest bidder and the contractors, there are strong team that have delivered number of critical projects for the city.

Recommended contractors. is we recommend awarding the contract to Vido Samrich as a prime contractor. Vido Samrich has worked great with the City of Santa Ana in the past. They are reliable, responsive, and provide quality work.

These are examples of Vido's work in the City of Santa Ana.

again to minimize the traffic impacts of the project the project will be divided into four phases with time limits for each phase one phase will have to be completed before the start of the Next. These are the order of the phasing. Standard, first to McFadden, then McFadden to Warner, then from McFadden, I'm sorry, standard from first to McFadden, and then standard from McFadden to

Warner, and then for McFadden, it was Harbor to Bristol, and then Bristol to Grand, and the balance of the traffic signals the project should be completed in june of 2026 and this concludes my presentation and i'm open for any questions you may have please raise your mic if you have any

Valerie AmezcuaItem 13

questions saying none is there a motion yes councilman powell sir thank you mayor mesquat

David PenalozaItem 13

thank you and director sabab for the for the presentation the only uh questions that i had one of them was related to the time sensitivity of why uh you're bringing a contract to us before a september 30th deadline right um what would happen if we don't approve this by the september

30th deadline we like i mentioned in my presentation we did receive an extension from caltrans however the extension expires this month september 30th 2024 if the project is not awarded at this meeting tonight, we will have to return back the grant funding that we've received for the ATP project. In addition, we most likely have to pay the design cost of about $1 million

David PenalozaItem 13

back to Caltrans. Okay. Did we expand all of our extensions with Caltrans?

I believe so, yes. How many times was this extended? It was extended only once.

David PenalozaItem 13

So, Caltrans only allows one extension?

I believe so. Yep. Rudy agrees, yes.

David PenalozaItem 13

Okay. You know, because I see things like this come before us every time, especially from Public Works. All this permit expired yesterday, this permit expiring tomorrow. All this, we got to do it by this in three days from now or else we're going to lose this funding. And it's a frequent pattern that I don't understand why. It just happens so often. But, you know, I would hope that it doesn't happen anymore. Because if we, I mean, this, as great as this project is, and as many years that it's been in the works, this project needs five votes.

David PenalozaItem 13

I mean, I can't predict the future or how my colleagues will vote. We all love public works projects up here. We all love to see our infrastructure be invested in. But what if those five votes wouldn't be there? You would now be risking losing millions of dollars that we would have to give back to Caltrans. So, I mean, that is a dangerous game to play as the director of Public Works. I mean, it truly is. I don't know who within Public Works is to point the finger to. I know you mentioned Union Pacific Railroad Company as having constant delays, and you titled that slide beautifully.

David PenalozaItem 13

You said challenges with Union Pacific Railroad Company. There are a hundred other challenges with the Union Pacific Railroad Company that I would hope we learn to mitigate first before we invest $25 million along the same stretch of road. now the other question I have is do we have plans and mr. city manager this will probably be for you to mitigate the constant vagrancy and and issues that we see spill over onto standard Avenue from the rubber company because if I drive

David PenalozaItem 13

down standard every single day and and it is troubling what I see on standard today? What I see at Madison Park, what I see at all the strip malls that somebody just got shot two nights ago at the Mariscos place right there on McFadden and Standard. And I feel for our new park that's coming there because I see the same issues that are going to plague these areas until we get a hold of this railroad issue. So what plans do we have, Mr. City Manager, to address the issues that we're seeing today?

Alvaro NuñezItem 13

So the answer is yes. We are looking to mitigate the component with Union Pacific. So we are trying to engage them in more communication to ensure that they respond to maintain their property as private property owners. We are looking to have more police enforcement, unfortunately, as far as the response to working with them. And we're also working with the city attorney's office to see if we can have other venues and components to work with the business community to also seek some other legal aspects that they can also take advantage of. That's the key.

Alvaro NuñezItem 13

But the reality is, as a private property owner, and which has been related to us many, many times, is that there's an expectation for local enforcement to be more involved. This is what you see in there at this point. Since we've been appointed a city manager, you see us proactively cleaning the bus stops on First Street, the main arterial is First Street, 17, Grand, Standard, Harvard, I'm missing one. Bristol and Main Street, actually missed two. That's the key, looking to make sure that the quality of life components, making sure that the people riding the bus,

Alvaro NuñezItem 13

would be the students or workers going to go to and from work, sitting on clean bus stops. No different than working with the Union Pacific and doing more enforcement. We had police officers literally patrol Union Pacific area Friday Saturday Sunday right to ensure that the cleanliness and the lack of vagrancy and transparent and transits in that area was more addressed and we're looking to monitor that that's the key so when we say we're shifting resources we're shifting very precise very direct resources to certain areas to ensure that those areas and that impact doesn't transcend into the community both the parks and the nearby

Alvaro NuñezItem 13

neighborhoods including Dale High and the hotel terrace area. Thank you Mr.

David PenalozaItem 13

City Manager. The other question I had and this I don't know who wants PD or Public Works or but we're going to be adding the marked parking spaces along Standard Street I believe it's 60 something and then 20 some on McFadden. Do we have plan for enforcement on that? Is it just going to be a free-for-all parking is it going to be a marked just open street parking are we going to have timed parking what kind of parking enforcement are we going to have in the area

parking on on mcfadden will be open street parking not residential not not permit parking but the enforcement would be of course done by pd and i i take it that they will do a good job enforcing

David PenalozaItem 13

it absolutely and we'll have street sweeping days absolutely on mcfadden on mcfadden and standard and standard okay um last question uh when is the first street um under pass construction wrapping up uh along the where it goes underneath the up the first seat on the pass yes when is that wrapping

up oh you know it's there in their final stages of putting the boulders up right now the concrete work has been done what's remaining is to do some drainage up on hathaway the um the cul-de-sac so

David PenalozaItem 13

to answer your question i would say between two months so the the first street uh construction project that's happening right now is going to finish in two months yes sir so before the end of the year it will be completed yes sir so you that's a yes yes okay and the construction on warner warner widening between uh saint andrew i mean between standard and main street when is that

wrapping up sure the warner project has been experiencing delays because of the undergrounding through edison and also verizon we have been reaching out both edison and verizon to allow for the project to proceed for the undergrounding our contractor has done all what he can in terms of street improvement drainage and water line sewer line improvement in that section however we are really pressing verizon to execute an agreement a shared conduit agreement with edison

and that's been taken very long time for them to execute that agreement to allow Edison and Verizon to work together to underground the utilities on both on the transmission and the distribution power lines so how and when can we anticipate

David PenalozaItem 13

that agreement between those private companies and completed Rudy will be

more in a border is one Warner is not on the agenda it's a question about status

David PenalozaItem 13

we stick to the general no council member this is related to the construction scope along standard because the standard is between warner and mcfadden that's why i didn't say anything so yeah so it's related on when are we going to start construction until other projects wrap up that are

Valerie AmezcuaItem 13

sandwiching the the the corridor so you've gone over your three minutes so let's wrap it up so

you can come back thank you mayor so rudy good evening mayor council um we have been as our directors communicated been working with Verizon on a daily basis for the past four to five months now. They, to be blunt, fumbled the football on this one and have caused a series of delays on this undergrounding. We've been told as of today that in two weeks they will finalize their agreements with edison and they can now actually move to construction i will believe it when i see

it frankly that construction work to underground the lines and take down the poles will be about three to six months so unfortunately the answer to the question when will warner's work be complete realistically takes us into summer of this upcoming year okay so the answer is that we're

David PenalozaItem 13

going to have overlapping construction projects along standard between 1st and Warner?

Yes.

David PenalozaItem 13

Okay. And that's why it's related, Councilmember Vasquez, please pay attention. If we were to schedule these projects so that they don't or stay on top of these contractors, I don't know what we can do, but it seems that we have overlapping construction, which is great. Like I said, that I wanna see these dollars invested into our infrastructure. But when you're ripping up the same quadrant of our city all at the same time, and people that used to take Warner are now taking Edinger, the Standard to Edinger or Standard to St. Andrew because the traffic on Warner is so bad because of the construction,

David PenalozaItem 13

now you're gonna have Standard ripped up and First Street ripped up and McFadden ripped up. And I know it's different phases, but that phase calendar that you showed, I really am gonna hold you to it. Okay. And I hope that the public watch saw that calendar and I hope, I don't like that we didn't have the PowerPoint presentation distributed to us, but can you email that timeline to all of us please with the different phases? For sure. Okay, with that Mayor, I will make a motion to approve this item.

Valerie AmezcuaItem 13

I have a question, thank you all. Let me just, you may wanna stay. Can you go back to the slide where you're showing the phases, please?

Valerie AmezcuaItem 13

And thank you for making the comment. We need to pay attention so we understand what we're talking about. So go back to the slide, Bill, where you're showing. So phase one, standards from McFadden, November of this year to February of 25. Phase two, standard to McFadden to Warner. Exactly what Councilman and Panelists was talking about. March to June. McFadden to harbor to bristol from june to september McFadden from bristol to grand and balance of traffic signals from october to june so whoever wants to answer the question how often

Valerie AmezcuaItem 13

do we finish these projects on time so i've only been sitting here a year and it seems like 20 years but i've only been sitting here a year and um eight months i believe eight and a half months And I've heard Councilman Penelosa bring this up many, many times already. And I'm not happy by the fact that we're waiting, Mr. City Manager, until what day are we going to lose this money if you don't get five votes?

September 30th.

Valerie AmezcuaItem 13

September 30th, which is when?

It's in a few days.

Valerie AmezcuaItem 13

How many days, Nabil?

Let me do the math. Seven days? A couple of weeks. No, not a couple of weeks.

Valerie AmezcuaItem 13

Seven days. so yes okay so I don't know who wants to answer the question um but maybe you can Rudy um how often and not because of necessarily because of your work city staff it could be Verizon it could be UP it could be a lot of different reasons um how often are we on schedule because as Councilman Panalosa talks about Bristol's been happening since he's with diapers so um can you share a

a little bit please sure we in the last few years have been very active as as you all know you everybody sees it and you feel it in the city right I feel it we have in the neighborhood of 40 to 60 construction projects active from parks to streets to you name it right the projects that don't finish on time are usually the ones that cause the most pain I don't have an exact figure for you. I will say, I would say over 50% of the projects do complete on time. There are a,

you know, this is just kind of guessing here, 25% feels right as far as those are the projects that run into delays and they happen to, you know, usually be the ones that have more attention on them. The Warners and, you know, we don't have Bristol actively in construction now, but, you it does tend to be some of these larger projects that run into delays because of x y or z um what we do have is a committed staff to try and work with the contractors to get creative on how to get them to the finish line sometimes unfortunately it's just the nature of the contractor that we

have in our little bit you know processes um and i don't want to say too much publicly as to the the warner one but we are having major issues with our contractor there so thank you i completely

Valerie AmezcuaItem 13

avoid warner i mean i go around so um lately i've been hearing from the constituents as you know i'm out everywhere and every weekend i have an event um somewhere with people um i'm in the market or i'm at a family event and i hear the same thing as i've shared with nabil but that's a different subjects i won't bring it up for a point of order but about the ball belts and the roundabouts but that's a different one but what i always hear about is construction it takes a long time mayor you guys are digging up the whole city and when is it ever going to stop so it's almost like

Valerie AmezcuaItem 13

one gentleman said this weekend you dig up you cover you dig up you cover you dig up you cover and he was in the business so he's explaining it to me very clearly he do it sounded to me like he knew what he was talking about. So my concern, if you go back to that slide please.

Valerie AmezcuaItem 13

I'm sorry, Daniel, are you raising your hand at me? Oh, okay. I'm sorry, he raises that. So I was like, you have a question, Daniel? Sorry. Can you bring that slide back? So again, I don't know if Rudy or, you know, and I know you live in the city, right? So you experience what we experience and i appreciate that you live here and thank you and so i don't know if you're as frustrated as we are sometimes you don't need to answer that okay but um so if you look at again phase one i mean we can get it done in a bill by february of 2025. because i'm not sure i'm

Valerie AmezcuaItem 13

going to vote for this um only because and i'm just one vote because i really have a hard time I understand we could lose money. Do I want us to lose money? No, I do not. But I really take to heart what Councilman Penelosa said because he said it multiple times up here, and sometimes he's really gentle about how he says it, sometimes he's really firm about, like, you bring something to us when the money is about to be taken away.

Yeah.

Valerie AmezcuaItem 13

So I want to be clear on this. So we have seven days. If you don't get the five votes, in seven days you lose this money.

If I may. Sure, please. So just in terms of, and I fully understand what you're telling me, right? It feels like we're putting you in between a rock and a hard spot in terms of voting on this one and the timing. That was not our intention. We were ready a year ago to go with this, but the delays with the railroad caused these issues. Even after we worked out these delays with the railroad, we put this thing out to bid in, I believe, May, May 6th. So our intent was to get it to you. Yes, it still would be kind of a little bit late, but, you know, a month or two before a deadline.

Through the bid process, we experienced some additional issues and protests and counter-protests. So there's been a lot of reasons why we're here today. I'm happy that we are here today and you do have an opportunity to hopefully approve of this. but I just want to clarify that there were a number of reasons that kind of got us circumstantially to where we are today. In terms of getting this project complete, we learned a whole lot of lessons, and I don't want to speak too negatively, but our friends in OCTA with the OC Streetcar,

we learned lessons about making sure we have controls and contracts that don't allow for our city to be torn up from end to end. with no end in sight so in this project specifically because we saw you know it's it's a large segment we're doing McFadden from one end of the city the other standard from top to bottom so purposefully we built in this contract thou shalt not move on to the next segment until we're done with one segment now these dates mayor our estimates after if council approves this we have a kickoff meeting where the contractor will they will provide us the

actual their baseline schedule their timing for this this is staffs guess right now as to how many months each phase should take there's a total time length length of working days for the entire project but and and we didn't want to restrict the contractor as to how many days they had in for any particular phase it's just if you take a long time for the first one boo on you because now you have a very very short window for your subsequent phases so I want to put that out there to be very transparent these are estimated time frames but the contractor will be controlled they will start on standard

from first cinema fat and they will not move on to the next phase until they've

Valerie AmezcuaItem 13

substantially completed that work no I appreciate that and thank you really for that and it's very interesting that you brought up OCTA I've been sitting there since January and there was councilmember Lopez before me and then mayor previous mayor Sarmiento and we're gonna have a meeting about OCTA because I had briefing about today about the trolley and they said some interesting things that I want to clarify Mr. City Manager about who is responsible for the delay in this project and so before I say say it publicly I want to have a meeting so we could talk about it because I think a lot of times you are held up by other

Valerie AmezcuaItem 13

groups I would hope that any contractors that we've had problems with or you know have had problems or they do not work at the level that we want them to work at, that we are not working with them again so that we don't have these delays because it really affects our constituents. I'm sure you all hear it, those of us that live here, we hear it all the time about the roads. They're so difficult, the construction, when is it going to end? It's kind of like the running joke on social media, like Councilman Penelosa says, oh yeah, there's been construction in Santa Ana since I was born. And I know that we need it,

Valerie AmezcuaItem 13

but I'm not a fan of project running at the same time, multiple projects, because it does cause a lot of traffic and problems in our city. So I'll leave you with that, Councilman. Ms. Sarah, please.

Phil BacerraItem 13

Thank you, Madam Mayor. And I share Councilman Penelosa's concerns when it comes to the hurry up and approve this or else we lose money. and by the way we brought this to you two days before it was due but once you said the magic words union pacific the skies opened up but i understand they've been very difficult to deal with on a whole variety of issues so i think on this one i can definitely say that i i sympathize with you on this so um i'll be supporting the item one thing i want to make sure though and this is something that frustrates me across a lot of the road projects in the city is notification of the

Phil BacerraItem 13

road closures and the lane reductions. I can't tell you how many times I've been in a hurry and I turn on to Bristol and let's just say I'm less than happy when I get to a certain point when I see construction because not because I've seen construction that's always a good thing because we're improving our city but it's not knowing about it because I have a variety of other options to take but if I don't know that there's construction on Bristol then obviously I get stuck in that trap so I would like you know Mr. City Manager I'd like you to work with your team to to make sure that we do have ample notification

Phil BacerraItem 14

because it is frustrating for all of our residents to get caught in that. I do want one clarification though from staff and that is council member and Penaloza brought up Warner and standards. So will the construction actually be overlapping or is it going to end and then re-begin again?

So if I understand the question, our current Warner improvement project goes from Maine to about Kilson plus or minus, which is a couple blocks short of standard. When Vito Smarjic on this project works from McFadden to Warner on standard, they will not be overlapping in each other's space.

Phil BacerraItem 14

And I'm asking just because really the fundamental thing is if you're going to dig up an intersection, do it once, not two, three, or four times. So if there's a way to do it all at once to make sure that those improvements align at the same time, that's what I think everybody would appreciate. So that's why I want to make sure that we're not going to dig up the intersection, see it nice and smooth, only to see a jackhammer out there a week or two or a month later. So are we going to see those intersections dug up twice?

No.

Phil BacerraItem 14

Perfect. Thank you very much.

Valerie AmezcuaItem 14

Say that one more time. Did you say no?

I said no, Mayor.

Valerie AmezcuaItem 14

Thank you. Yes, Mr. St. Patrick.

Alvaro NuñezItem 14

No, no difference. And I do applaud both the executive director, Nabil, and our city engineer, Rudy's diplomatic way and the professionalism. So one, we do commit not to bring this type of contracts anymore, this hurry up and vote type of perspective. In fact, the fact that we had the meeting today kind of helped us have this evaluation because you weren't going to see it last week. But let me be more succinct. We're also looking to engage the city manager's office in communication with the government affairs folks with Edison, our partners, Verizon, OCTA, because that is part of the issues, right?

Alvaro NuñezItem 14

We have a system and a program where we partner with them to engage in this type of treatment improvements, and then there's items underneath that requires their involvement and their same sense of urgency. And so we need to nurture those relationships a little better. They need to understand that their delays have an impact independent of Union Pacific. I'm talking about Edison also, like I said, Verizon, anybody else, the gas company sometimes, Spectrum, right, the cable company. And so that's what you see because I hear the same things. I live in the city too, so, you know, I pop the tire here and there sometimes.

Alvaro NuñezItem 14

But that's the key, right? So for us, that is the key that we're looking to focus. and so you'll see that type of engagement and you'll notice because you'll get the cost I'm hoping for somebody to mitigate when they cut the cost from the city manager's office saying we're very frustrated for your inability to move faster in this type of programs and planning effects. Thank you Mr. City

Valerie AmezcuaItem 14

Manager I did ask Rudy I know when we met Rudy about sending out like a postcard Oh we're in the works. You're in the works to residents that would do like I know on Civic Center I met with them and and we talked about Rudy that they didn't know about the I didn't I was like well it's gonna go down to just two lanes and so there's some concern so the areas that we're doing construction you'll be

Alvaro NuñezItem 14

sending out postcards we're we already have a template so we're working and we're probably going to exercise the same type of area distribution of information like we do with the planning department the thousand feet component I figure if it works in planning which you do with polar works thank you and I

Valerie AmezcuaItem 14

really appreciate the last couple months that when we ask for things you're moving on them things are getting done with you with your leadership and Sylvia's and the staff and so thank you I really appreciate that can we get a motion and and move on please I already

David PenalozaItem 14

motioned mayor um we have a second but I just had one last sure I'm sorry go ahead the does this project's scope include lighting on the McFadden street bridge no it doesn't include street lights

at all not in this project okay because and and because I know I've brought it

David PenalozaItem 14

up to pass city manager and and and you as well director Saba years ago not recently about lighting on McFadden Street Bridge right now there is no lighting at all zero if you drive down McFadden over the Santa and a River it's pitch black there's absolutely no lighting no no decorative lighting no lighting from years ago it's just dark and a couple students years ago at the Powell Center on McFadden came up to me and said hey if I could ask you for something would be for lighting on McFadden over the bridge because if I

David PenalozaItem 14

you know now when it gets dark at 5 p.m. next month it's pitch black and and so I I would amend my motion to make sure that there's lighting incorporated into the McFadden street bridge, because right now there's none. So if I could, Rudy, would that be possible?

Yes, it would.

David PenalozaItem 14

Okay, so I will amend my motion to ensure that there's also lighting installed on the McFadden street bridge. And it's, if I don't recall off the top, I don't believe it's like first street, I don't believe it's a decorative bridge, but whatever we can do to make sure that that lighting is aesthetically pleasing to that area, I would appreciate that. That is the only question I had, Mayor. I would hope that the notifications, I'm happy you brought up the postcards, that they're sent out at the beginning of each phase. Sure.

David PenalozaItem 14

Phase one, phase two, phase three, to the surrounding areas of what is happening. And if there's delays, I think that's also the biggest problem, too. We understand there's delays, but nobody ever says anything. We think that going to the Dohi Neighborhood Association meeting to the three people that are there, one of them is me, to tell them, hey, Warner is delayed. That's not enough. I try to do my best with my network and my social media profiles. We all do up here. but us as a city actively engaging our residents and letting them know what's happening

David PenalozaItem 14

why it's still you know delayed why it's still not completed that goes a long way so if we could work on that i'd appreciate it that's it mayor those that's my motion

Valerie AmezcuaItem 14

i guess so you guess so all right let's prepare to vote please

Jennifer L. HallItem 14

a motion by councilmember penaloza seconded by councilmember becerra to approve the six recommended actions for item number 18 related to the Standard Avenue, McFadden Avenue bikeways projects, including an amendment to install lighting on the McFadden Street Bridge.

Valerie AmezcuaItem 14

Councilman Panalosa?

Jennifer L. HallItem 14

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

Thai Viet PhanItem 14

Ward 1 thanks you.

Jennifer L. HallItem 14

Mayor, the next item is item 19, which was pulled by Councilmember Lopez.

Valerie AmezcuaItem 14

Thank you. Go ahead, Councilman Lopez. Do you wish to hear a staff report? No.

Jessie LopezItem 14

Are you having a specific question? I don't. I mean, I read the staff report, so I'm okay. Thank you. Okay, go ahead. Yeah, so there's, I think, 26 properties being brought up by staff that you want to see exempt, and all the properties are very different. Some of them are larger. Some of them are a funky shape. So I understand that it really limits the possibilities of what staff can do with the property. However, some of them are shared by the city. Some of them are solely owned by the city. Some of them also, there's a parcel that appears to cross four different homes.

Jessie LopezItem 14

And so I would be willing to support a case-by-case exemption from staff. And I know that some amendments have possibly, if I'm not mistaken, already been pushed through for the Surplus Land Act. And so I would suggest that staff bring those back, the ones that have already qualified to be exempt. because it's unclear to me why these 26 properties specifically mayor council

members thank you for the opportunity as you see in the staff report exhibit these 26 parcels that the city technically owns some of them appear very normal right there's let's say a couple on euclid that you know very nice square kind of shape others are very odd little slivers somehow we own part of somebody's backyard these are things that over the decades the city has ended up with these remnant parcels um council member lopez the one specifically you're talking about that covers four properties it is an old defunct water well

from you know a bygone era that the city inherited right and we own technically the real estate what we want to do is get out of the business of owning and being liable and responsible for these various you know remnant you know for city purposes useless lots and sell transfer them to the adjacent owners or when more appropriate sell to the you know put it out on the market to the general public so the intent really here is for Public Works to really offload from a liability perspective a lot of these slivers of land that no one just

from you know driving by it would you guess oh this is actually city property right and that's really what this request here is is for the council to approve going through the surplus land act process and then we go to through the hard work of reaching out to these individual neighbors or the public or what-have-you to say hey how would you like to formally buy this sliver you've

Jessie LopezItem 24

actually built over and so would you say that then it's for the purpose of selling it to the general public I'm sorry one more time selling the parcels to the general public?

There are some parcels that are more able to do that, right? So I point to a couple of examples on Euclid, which seem very independent on their own. There are others that are really, you know, 400 square feet and attached to somebody's side yard. And really those, a lot of the ones we're proposing, make more sense because of their size and shape and to negotiate with the adjacent property owners to see which adjacent property owner would like to take official ownership of that land.

Jessie LopezItem 24

Yeah, and I think we've done that in the past. I've been supportive. I would be supportive again. For me, I do have reservation about just approving an exemption on all 26. I would prefer a case-by-case basis, specifically when we know that a homeowner can afford to buy the property from the city, which I think is important. And also, I would love to know what a surplus land, obviously owned by the city, is generating any money currently now that is being used.

Jessie LopezItem 24

You probably are not going to be able to give me that response. I recognize that. But again, this is why I'm not jumping to support the recommendation of staff, and I would be, again, supportive of case-by-case and also taking on the ones that have been exempt already by the new amendments to state law that have happened, because it might be more than the 26, some of the majority on this list. It might be, it might not be, but I don't know that specifically off the staff report.

Valerie AmezcuaItem 24

Thank you. Thank you. Thank you, Councilman Bessar.

Phil BacerraItem 24

Thank you, Madam Mayor. And don't worry, Rudy, you're good. First of all, thank you, staff, for bringing this item forward. A couple of years ago, we had some of these remnant properties exactly like what's in the staff report on the north side of a couple of homes. Let's see. It would be right on the south edge of the Alton bike trail. And it traversed a couple of properties, made no sense whatsoever to do anything other than offer them up to the adjacent properties, right? It's just a natural extension of their backyard. Staff went through the process,

Phil BacerraItem 24

brought before council, went to the owners. I think we no longer are in possession of those as a city. So what does that mean? Did we score big? Did you guys get the big bucks out of it? No, no but we also escaped liability we escaped all the unnecessary attention that the city would have to pay to a property maybe the size of my space up here on the dais so um i'm ready to go forward with this item as is um as far as this case by case basis i thought staff did a great job of showing each of the properties in here and the majority of them are tiny little slivers that

Phil BacerraItem 24

really the city needs to unload and they should be unloaded to the adjacent property owners it makes no sense i'll tell you right now if one of those slivers was behind my house i wouldn't want rfp to see if somebody else was going to buy a landlocked piece of dirt uh right behind my property so that just seems kind of silly that we're even debating this up here so i'll go ahead and move the item as is i'll second let's prepare to vote please

Jennifer L. HallItem 24

A motion by Councilmember Becerra, seconded by Mayor Mesquah, to approve a resolution of the City Council of the City of Santa Ana declaring various properties as exempt surplus land, directing the City Manager to follow the procedures set forth in the Surplus Land Act, California Government Code, Section 54220, et sec, as amended for their disposition, and determining that the action is exempt from CEQA.

Jennifer L. HallItem 24

vote is six ayes one nay nay by councilmember lopez motion carries

Jennifer L. HallItem 24

and mayor and city council that concludes the items pulled from the consent calendar

Valerie AmezcuaItem 24

thank you at this time we are going to public hearing before public hearing item number 23 madam clerk please provide instructions to well we're not having public comments so i'm going to

Jennifer L. HallItem 24

skip that mayor for public hearings we do have to have public comments i was listening to the city

Valerie AmezcuaItem 24

man city attorney she said we were not but we are for public for public hearings perfect i apologize

Jennifer L. HallItem 24

go ahead for public hearings yes but no need to make the announcement as we have no participants

Valerie AmezcuaItem 24

via zoom today okay go ahead so item number 23 is related to the consolidated annual performance and evaluation report for fiscal 23 24 mr city manager may please have the staff presentation

Madam Mayor and members of the Council, we don't have a staff presentation on this. This is our annual report done by Judson and his team. Usually explains how his performance was over the last year for his various funding sources.

Valerie AmezcuaItem 24

All right. Thank you.

Valerie AmezcuaItem 24

Let me see where I'm at here. Are there any questions or comments by the Council?

Valerie AmezcuaItem 24

I now open the public hearing from members of the public that would like to provide their comments in person virtually. Madam City Clerk, any speakers?

Jennifer L. HallItem 24

Yes. Noting for the record, there's nobody on Zoom. We did not receive any emails for this public hearing, but we do have one speaker.

Jennifer L. HallItem 24

I apologize. No speakers for this public hearing.

Valerie AmezcuaItem 24

Thank you. No further comments, I hereby close the public hearing.

Valerie AmezcuaItem 24

No council members have any additional questions, nothing? Hearing no further discussions, is there a motion and a second, please?

David PenalozaItem 25

I'll move the item. I'll second.

Valerie AmezcuaItem 25

Let's prepare to vote, please.

Jennifer L. HallItem 25

A motion by council member Hernandez, seconded by council member Penaloza, to approve the consolidated annual performance and evaluation report for fiscal year 2023-24. Authorize its submission to HUD.

Valerie AmezcuaItem 25

Voters 7 ayes, no nays. Motion carries. Thank you. We're now going to convene to the special successor agency meeting. And it is approximately 7.42 p.m. I hereby call the special successor agency meeting to order in joint session with the City Council. Madam Secretary, please conduct the roll call.

Valerie AmezcuaItem 25

Agency member Becerra? Here. Agency member Hernandez? Present. Agency member Lopez? Here. Agency member Penaliza? Present. Agency member Vasquez? Present. Vice chair Fan? Here. Chair Mesquite? Present. All seven members present. Thank you madam clerk. Before hearing public, hearing item number 24, madam clerk, please provide instructions to the public if there's anybody here to make a comment. So there's nobody on Zoom, no need to make that announcement. Thank you. Item number 24 is a joint public hearing regarding real property at Main and 3rd Streets. Mr. City Manager, do we have a staff presentation?

Thank you, Mayor and members of the Council. We do not have a staff presentation, but I will give you a little bit of a verbal on this one. This is a remnant parcel from our old redevelopment agency days. It's a property on the corner of Main and 3rd. it operates as a parking lot for Swinerton Swinerton is the occupant of that historic building next door to it we have leased it out to Swinerton over the years but the oversight board at the county wants us to do to dissolve ourself of our properties so what we are recommending is that the city buy it from the successor agency and the terms and the prices listed in the staff

Valerie AmezcuaItem 25

report. Thank you so much. Are there any questions by the council or comments? I'll make a motion to move the item. I'll second. I'm sorry. I'm sorry. I'm going to open it for public hearing. So I now open the public hearing for members of the public that would like to provide their comments in person and virtually. Madam City Clerk, do we have any speakers? Yes, Mayor and City Council. We do have one speaker for this public hearing. Jackie Cordova. Time limit for comments is two minutes. Councilman Hernandez will come back to you. Thank you.

Jackie Cordova, I'm a mother of Santa Ana. I did not see this special meeting publicized today, so there's no one here from the community. There's no quorum here. They're basically talking only to themselves. You also lost the Juneteenth event. I wanted to remind you about that. I came to speak directly with the community. I did come to speak on item 24 in the land value based on 60 parking spaces. I came as a reminder of how the city of Santa Ana is out of order. Santa Ana is a sanctuary city, a holy city. We are a protected class of citizens under her umbrella.

In 2017, Santa Ana residents against corruption stood up to the criminals in our city and started cleaning house by recalling our corrupt mayor, Miguel Pulido. One year ago in October 2023, their own police chief, David Valentin, suddenly announced his retirement, citing corrupt and compromised politicians and compromised staff in his parting remarks to employees. city manager christine ridge also quickly walked away with her hush money settlement due to a toxic work environment all of this orchestrated by valerie mesqua who we know is

beholden to the poa the police officer association union that pays for her spot there regarding the value of the land of third and maine we did find out why your rents are so high the justice Department is suing RealPage over an AI-powered scheme to hike rents. The Department of Justice in eight states, including California, are suing RealPage alleging their AI rent-setting software algorithms has inflated rents across the country in favor of greedy corporate landlords. Those here on the council who oppose rent control and receive contributions from the same special interests

are Phil Becerra, David Penaloza, and Mayor Valerie Amesqua. Thank you.

Jennifer L. HallItem 25

Mayor and City Council, that concludes the public speakers for this public hearing. Thank you. No further comments?

Valerie AmezcuaItem 25

I hereby close the public hearing. Any Council members have any additional comments or questions?

Valerie AmezcuaItem 25

Hearing no further discussion, is there a motion? Councilman Hernandez, you made a motion?

David PenalozaItem 25

I'll second.

Valerie AmezcuaItem 25

Seconded by Councilman Paneloza. Let's prepare to vote, please.

Jennifer L. HallItem 25

Mayor and City Council, this is for the City Council actions that are before you. It's a motion by Councilmember Hernandez, seconded by Councilmember Paneloza, to approve a resolution of the City Council of the City of Santa Ana, approving the purchase and sale agreement for the acquisition of property from the successor agency to the former redevelopment agency of the City of Santa Ana, located at 3rd Street and Main Street parking lot and authorizing the city manager to execute the purchase and sale agreement

Jennifer L. HallItem 25

councilmember Hernandez yes the vote is seven eyes no nays motion carries and then if we could please get a separate yeah I'm gonna do it right now is there

Valerie AmezcuaItem 25

a motion in a second for the successor agency actions I'll make a motion I'll

Johnathan Ryan HernandezItem 25

Second.

Valerie AmezcuaItem 25

Madam Clerk? Excuse me, Secretary?

Jennifer L. HallItem 25

A motion by Chair Mesquia, seconded by agency member Hernandez, to approve the successor agency actions, a resolution of the successor agency to the former community redevelopment agency of the City of Santa Ana, declaring 3rd Street and Main Street parking lot as exempt surplus land pursuant to the Exempt Surplus Land Act, and authorizing pursuant to an exemption from CEQA, the sale of the parking lot property to the city, and a second resolution of the successor agency to the former community redevelopment agency of the city of Santa Ana, approving the purchase and sale agreement for the disposition of

Jennifer L. HallItem 25

property to the city of Santa Ana located at 3rd Street and Main Street parking lot, and authorizing the executive director to execute the purchase and sale agreement.

Jennifer L. HallItem 25

Mayor Pro Tempan.

Jennifer L. HallItem 25

Councilmember Becerra.

Jennifer L. HallItem 25

VOTE 7 Ayes, no nays. Motion carries.

Valerie AmezcuaItem 25

I'm going to adjourn the special successor agency meeting at 7.48 PM. It's the end of public hearing.

Valerie AmezcuaItem 25

now we're going to go to the council member requested item number 25 was requested by council members vasquez and lopez i will defer to you now to um explain the item which one of you

Benjamin VazquezItem 25

would like to start thank you in uh early december 2023 a new policy on filming photography and recording of the city of san anna public meetings was implemented heavily restricting the movement of photojournalists in the city council chambers during the public council meetings. The policy was not brought forth for public discussion before being drafted or adopted. Later that month, the First Amendment Coalition sent a letter to the city of Santa Ana objecting of the new policy, co-signed by the Orange County Press Club, Voice of Orange County, Los Angeles Press Club, Los Angeles Chapter of Society of Professional Journalists,

Benjamin VazquezItem 25

and the industrial workers of the World Freelance Journalists Union. In this letter, the FAC and its numerous co-signers argue that the policy violates the Ralph and Brown Act and threatens the ability of the press to exercise editorial discretion in covering public meetings, urging the city council to immediately withdraw the policy and commit to adhering to the Brown Act, respecting the press rights. so we bring you forth today to have this conversation to look at this policy that we have and have a discussion to give staff a way to have more freedom of the press within our council

Valerie AmezcuaItem 25

chambers are there any comments or questions by the council councilman hernandez yes thank you

Johnathan Ryan HernandezItem 25

Madam Mayor I just want to thank my colleagues Councilmembers Vasquez and Councilmembers Lopez for bringing this item forward I want to reaffirm my support for this item in directing our city manager to rescind this policy I don't believe that the city should infringe on the press's ability to do their job nor should we tell them where to do their job and so the direction is simple sir I'd like to see us rescind the policy thank you thank you mayor

Thai Viet PhanItem 25

pro-tem thank you so I'm I see pros and cons to this right I would like to see something come back because I do look when there's not a lot of people in the chambers not a problem but when pretty much every seat is filled and we have literally a gaggle of photographers videographers camera crews up in the front blocking, blocking the aisles and things like that, that's a problem. So I think that we can have something that's a little bit more flexible and doable depending on the situation.

Thai Viet PhanItem 25

And I think that, you know, I'd like to see what we come up with because I do agree that, you know, it is awesome when there are those who come in and want to document public comments or something because they're documentarians or they want to film for press purposes. But I also want to say that it is very common in pretty much any location to have press locations to ensure that members of the public, city staff, and police officers, as well as potentially firefighters or paramedics to have clear access throughout the room. So, you know, I guess I would like to see something come back rather than a straight-up

Thai Viet PhanItem 25

rescission at this point and see what we can do. I don't think that it's necessary to say we have one camera person in a room like this to force them to be in the back corner. But we have a lot of seniors and kids and families up front who are, you know, getting certificates of recognition and things and, you know, they come after school, after work, but then the press comes and it's their job so they're here at 3 30 4 30 4 5 30 meeting you know they're they're blocking the front view I don't think that's fair either so I guess I would leave it to staff I would ask that staff come back with something like that to

Thai Viet PhanItem 25

see what we can do to really meet the moment to meet the occasion depending on

Valerie AmezcuaItem 25

the meeting thank you thank you mayor for time councilman

David PenalozaItem 25

please thank you mayor and I want to thank my colleagues for agendize this discussion I know we can't make a decision here tonight because it's discussion only but I want to say that I agree with mayor pro tem fan I believe that our press should be allowed in the room and if it's a day like this where there's nobody in here you know if you want to hang out in the front row that's fine with me I don't care but when there are packed chambers like we've seen in the past standing in front of somebody that's seated in a wheelchair like we've seen before, that's just plain rude. You know, there's a, we need to balance it out, right?

David PenalozaItem 25

I know that also there were some speakers over the last six, seven months that they announced, it's my first time here, never been here before. And there's somebody with a camera in their face. That makes, you could tell how uncomfortable that speaker is. So we want to make it a comfortable space for everybody that's exercising their First Amendment right to come and speak. And if it's a packed chamber, packed room, yeah, there should be designated areas for the press to hang out in. I agree with Mayor Pro Tem fans. Let's see, bring back this policy, see what we could, you know, to make it a little more flexible.

David PenalozaItem 25

and the type of enforcement or rules that we want to have, I won't call it enforcement, but rules, or see what else we could think of as city staff and as us up here. So I'll be supportive of Mayor Pro Tem's, I wouldn't say motion, but idea of bringing something back that could give us that flexibility, depending on the amount of people in the room.

Valerie AmezcuaItem 25

I am also in support of Mayor Pro Tem's recommendations. With that, Councilman Becerra.

Phil BacerraItem 25

Thank you, Madam Mayor. I'm sure all my colleagues saw the letter we got from the senior editor of the Orange County Register today who requested that we revise the policy. I would agree with that sentiment, which I know that Mayor Pro Tem, FAM had brought up. I think that's what we should be doing. We don't need to throw out the policy. I agree that having folks come into the chamber to speak shouldn't be forced to have a camera thrusted into their face there needs to be a balance one thing that we should all take pride in is the fact that we are probably the most transparent city in orange county now our

Phil BacerraItem 25

chambers are pretty empty tonight but there are folks that are able to watch this meeting at home on youtube be able to participate via zoom we were doing that during the pandemic when a lot of other cities weren't and when the pandemic ended and a lot of cities can go back to the old brown act we continued to allow for our meetings to be open so that they were accessible so i think the policy could be revised how that looks i'm looking forward to the discussion at a subsequent meeting

Valerie AmezcuaItem 25

any other speakers you want to lift it so i can see there you go council member lopez yes thank

Jessie LopezItem 25

you um so i'm not opposed to options as long as they are in alignment with the brown act because the first policy that the city released was not, which was why it was revised to one page versus two pages. And again, addressing the specific concerns of filming in specific places, whether that is filming, photography, and any other forms of recording, making sure that those provisions don't currently violate the Brown Act

Jessie LopezItem 25

because as worded, it could prohibit a meeting attendee from recording audio or video snapping. So I just want to make sure that anything that is being brought back is actually vetted through our legal department. That is not putting us in direct conflict with the Brown Act as it did months ago. And obviously to make sure that there is flexibility for the press, right? There's no need for them to be cornered in a red box that sometimes is or isn't being used. Where do you want them to sit if the space designated for them is not available as it has happened in the past?

Jessie LopezItem 25

I'm not, you know, again, I think that the front rows should be designated for ADA compliant for people with those necessities. But it is not, to me, a disruption in any way if there's somebody standing on the backside of the room. you know we have seen this chamber for whatever reason be completely full where there are people waiting to come and speak right whether it's about housing issue or not and so the same way that we wouldn't turn our constituents away or try to put them in some sort of box is the same way that we should not be treating the press for whatever reason we don't have to like the press we don't

Jessie LopezItem 25

have to like what they write but we have to respect them because they're an important component of our democracy and they do great reporting so if you're going to bring something back make sure that it's

Benjamin VazquezItem 25

compliant city attorney council member vasquez i want to thank my peers and the council for having a balanced approach and uh the comments that you've made and making sure that we give everybody the ability to see this meeting but also be recorded. And the Brown Act is really clear that a recording that cannot continue without noise, elimination, or obstruction of view that constitutes or would constitute a persistent disruption of procedures. So those things are very clear, right?

Benjamin VazquezItem 25

you know as you all had said it's beautiful that we're having this conversation and let's make sure we give the press the space that they need to continue to do their job so we can continue to be the most transparent city in the county thank you thank you thank you madam city attorney i

Valerie AmezcuaItem 25

want to thank you because i know you've been involved i'm madam city attorney from the beginning and all of this mr city band i think you have clear direction correct we're good yeah i just

Sonia R. CarvalhoItem 25

like to say for the record that i believe that your revised policy does clearly comply with the law but i'm also very respectful of a council that wants flexibility and wants to be able to be responsive to some of the comments you've received so we will be happy to look into some

Valerie AmezcuaItem 25

of those and work with staff thank you madam city attorney appreciate that okay city manager captured that direction let's move on to city manager comments please oh i'm sorry my apologies

Thai Viet PhanItem 25

Sorry if I missed it, but do we have a timeline?

Valerie AmezcuaItem 25

Do we talk about that? There's a lot going on right now. Would 30 days work for you, Mr. City Manager, Madam City Attorney?

Alvaro NuñezItem 25

Yes, at least 30 days.

Valerie AmezcuaItem 25

At least 30 days, Madam City Attorney?

Thai Viet PhanItem 25

So can we, in the interim, use some flexible judgment in the event that there are no press pending this updated policy?

Valerie AmezcuaItem 25

Well, I think for me, my concern when we say that is that the fire marshals made it very clear when we talk about nobody standing in the aisles and blocking the doors. So if we let them bring them back in 30 days, we make one allowance for one person. Just my personal opinion. It turns into another person, turns into another person. What do you recommend, Mr. City Manager? I know that we're the council, but however. Right.

Alvaro NuñezItem 25

Give us at least the 30 days so we can review. obviously we want to exercise flexibility but again you know this is we find out recently why flexibility is a double-edged sword so we have to be careful how we apply that we want to be consistent we want to be fair obviously this is a policy that we inherited so we want to make sure that we evaluate why we implement the city managers implemented this in the first place and how we are respectful and make sure that we offer that flexibility without making and seem oblivious or that we're working in an independent unilateral matter.

Valerie AmezcuaItem 25

Okay, I think we're good with that. Let's do council member comments. Council member Hernandez, please.

Johnathan Ryan HernandezItem 25

Thank you, Madam Mayor. I just want to thank members of the public who joined today's council meeting.

Valerie AmezcuaItem 25

I'm sorry, council member Hernandez. I apologize. I asked if you had any comments. I apologize. Did you have any, sir?

Alvaro NuñezItem 25

No comments.

Valerie AmezcuaItem 25

Yeah, that's what I thought. I know they keep me on my toes, but I could have sworn. and you said you're good. Okay, sorry, Councilman Hernandez, go ahead.

Johnathan Ryan HernandezItem 25

Yes, just wanted to thank members of the public who came out to today's meeting. That began, unfortunately, last Tuesday, but there was a lot of good business that was done today. We were able to expand childcare services in the Logan neighborhood. Lots of great things coming to the Santa Ana community. The downtown Santa Ana now has the Frida Cinema that is leading the Santa Ana Art Walk, and so that is an investment all of us here at the council agreed upon and I want to thank the city staff for the fiestas patria's event 80,000 residents came out to that event over two days I think that has to be record-breaking

Johnathan Ryan HernandezItem 25

numbers for us I remember the very first one that we brought back and I remember all of the advocacy we had to bring the event back to La Cuatro especially want to thank our deputy city manager and our city manager Alvaro Nunez Silvia Vasquez for advocating and working with the businesses and you guys did not exclude them you guys kept them involved a lot of the businesses were very happy they shared their reflections a lot of businesses benefited from economic development people were spending their money in the downtown we heard a lot of good things and so just want to share those compliments with our staff this

Johnathan Ryan HernandezItem 25

was one of my favorite events I think that this is a shining example of Parks and Rec's best work I mean you guys shut the streets down you guys had an amazing event and a parade that was well attended today's comments is just about highlighting your guys's great work and I also want to thank the community for having the Little Saigon festival at Rosita Park thank you city staff as well for being very helpful with them throughout the process and in memory of

Benjamin VazquezItem 25

Don Crib, rest in peace. Thank you. Council Member Vasquez. Thank you so much. Yes, as well, Fiestas Patrias was great, amazing. The parade, I love it. I'm glad we still have that parade. It was supposed to be gone some time ago, but we kept it, and it's a beautiful thing for Santa Ana. You know, I still miss the Christmas toy parade. We used to have that here many years ago. I was a volunteer carrying a big balloon down Main Street, but thank you for keeping the Fiestas Parade. I was a chunky kid, I wasn't going up. And the event also was beautiful. I also attended the Little Saigon

Benjamin VazquezItem 25

Festival here in Zanana at Rosita Park. We had a great time. They asked me to do art workshop with the kids and we were making buttons. So we were passing out information from the city on rent control. A lot of children came over and adults and we were making buttons. It was a great time and a great workshop great event all the way around uh to via rice for doing uh that work on a sadder note we we did in the school district had a lot of worries about lockdowns the previous week there was all over the the country and um and luckily we were better equipped this time

Benjamin VazquezItem 25

two years ago we had a lockdown in santa anna and we have one of the best trained police departments when it comes to lockdowns only the procedure from the police department and the school police department didn't match up i was at valley and we had a lockdown and we were supposed to run hide fight we shut our doors we're quiet we don't pick up a phone we don't make any noise so they were calling us and we're like the police our the city police were like why aren't they picking up we're not supposed to and in one classroom the ceramics classroom the police entered the room to check it

Benjamin VazquezItem 25

out with a rifle leading the way and the kids if they if they did the right thing they were supposed to throw at the at the officer with the gun they didn't they froze luckily nothing happened i right away started talking to the then city manager to the police chief to the police chief of the school district and until we now we finally got people to work together uh where we did have a lockdown on McFadden last week and our city manager called the supervisor the chiefs talked to each other the the police on the ground for both sides understood that the procedures were not there yet

Benjamin VazquezItem 25

and and professionally did their job so it was good to have a relationship I'm happy to have pressed this for two years because it's great to have a relationship with the school district district and the city as we come together and it's necessary and I want to thank uh the the police department in the school and the police department of the city for coming to you know to the help of the school and they did they did an amazing job so I want to do a shout out to everybody who made sure including our our city manager Alvaro and this and all the people

Benjamin VazquezItem 25

involved for doing an amazing job even though we haven't trained yet well i'm not sure but i'm hoping they have that the procedures are now connecting but they were able to do the work

Valerie AmezcuaItem 25

correctly so thank you that's member lopez please

Valerie AmezcuaItem 25

Council member Lopez, you have no comments?

Jessie LopezItem 25

So we're hosting October office hours for the month of October and we will release the date and time on our news e-blasts and on our social media channels. Additionally, I also want to thank SNAP for completing the light project at Santiago Park. Everybody loves it. It's really nice to see everybody using the tennis courts, especially now that we're losing sunlight and people still be at the park. And so I want to really thank Public Works and Parks and the City Manager's Office for working on that project with us.

Jessie LopezItem 25

And lastly, we want to invite the public to come to the Building Bridges Across Generations event Friday, September 27th from 9 to 1. And Parks and Rec is leading this, so thank you. And it is an event for our senior community to come together for their second annual international older adult celebration at Jerome Park. and parks and recs will have activities free food prices performances music and dancing and so I hope that the community comes out and takes advantage of the

Phil BacerraItem 25

events thank you thank you councilor Becerra please thank you mad mayor I want to echo some of the sentiments from my colleagues in regards to fiestas patrias that was an amazing event so thank you to the CMO's office and parks and Rec for all that you guys did. That was an amazing time. A lot of folks having fun out there, so that was good. I also want to thank the CMO's office as well in regards to the fencing along the Flower Street bike trail. That's something that has been needed since those two kids were assaulted right there at the bus stop on Flower and Alton. So I want to thank you for all the action

Phil BacerraItem 25

and to Public Works as well for being able to get that fence up and constructed, though I believe it's still a work in progress. But again, thank you for getting that going. On Thursday, September 19th, eight Orange County Fire Authority hand crew members were returning from battling the airport fire when they were involved in a rollover crash on a nearby freeway. Eight members were injured and six were critically injured and transported to local area hospitals. The OC Firefighters Union, also known as Local 3631, together with OCFA are working to ensure that these members and their families have the care

Phil BacerraItem 25

and resources that they need and the long road that they have to recovery. So please support our firefighters by donating, if you can, at fallenfirefighterrelieffund.org forward slash OCFA hand crew. Please keep our firefighters and their families in your prayers today. And finally, we lost a visionary in the passing of Don Cribb. Don Cribb was a very colorful character and gave so much to the city. And I know the mayor is going to be reading his bio. Again, it's very, very fascinating, all the things that he did and the long service he had to our city.

Phil BacerraItem 25

So Don Cribb will definitely be missed, but his legacy in our city will live on. So with that, good night, everybody.

Valerie AmezcuaItem 25

Councilman Becerra you're more than welcome to cover it they did not give me the bio so if you want to share on it I don't have it either so I apologize

Alvaro NuñezItem 25

you'll have it at the next council meeting I'll share at the next council

Valerie AmezcuaItem 25

meeting so to the crib family I apologize Councilman Panelausso thank

David PenalozaItem 25

you madam mayor I have no comments good night everybody

Thai Viet PhanItem 25

thank you mayor pro tem hi everyone hello so first of all it has been a busy time. Thank you to staff, thank you to the Ward 1 team, thank you to everyone, the families. Despite all of these events, there are a couple things I do want to highlight. First of all, is the everyday work that our staff do in response to community complaints, concerns, issues. We had a local property owner, a business that had issues with, you know, people using residential areas for commercial purposes and things like that you know our public works team found a

Thai Viet PhanItem 25

way and our code enforcement team found a way to address that quickly we have had so many events with Chicano heritage as well as the library's Chicano heritage educational event and then we have the La Raza mural unveiling but I have to say that Fiestas Patrias was just absolutely incredible thank you so much to director Scott, Park's team, everyone because I know everyone was out there we had folks from all different departments, staffing booths and just being out there working overtime to create this incredible event. One thing I want to really highlight for those who have not experienced it the way that I

Thai Viet PhanItem 25

had is as a Vietnamese American immigrant standing up on that stage and looking out and I'm gonna get emotional because looking out into the sea of of Latino Americans, Hispanic Americans, with many of them Mexican flags waving in the air and being so proud of the heritage and history and the country in which you come is something that my community as Vietnamese American refugees do not have. We have lost that connection to our home country due to a civil war. We have lost that relationship and we do not have the free access to the culture, history, and resources that our motherland provides

Thai Viet PhanItem 25

that Latino Americans have today, many Latino Americans, especially Mexican Americans. So I just wanted to say that it is incredible to represent our community here in Santa Ana to be Vietnamese American, but also to represent a large Latino population in Ward 1. And I just want to say a huge shout out to Jasley, my chief of staff, Amanda, my council aide, Ashley, my junior council aide, and the Ward 1 team for having the best booth, with the most fun time, and I know all of you got some wonderful stickers, excuse me, temporary tattoos. And with that, have a wonderful night. We'll see you on Tuesday. Thanks.

Valerie AmezcuaItem 25

I don't know about the best booth, but okay. All right, so let me,

Valerie AmezcuaItem 25

you sure? Okay. Oh my gosh, I'm so sorry.

Thai Viet PhanItem 25

I will get so much in trouble for this. First, happy 10th dating anniversary to my husband.

Valerie AmezcuaItem 25

and also happy birthday babe yeah you would have been in trouble okay so um councilman but sarah can you share the link again for our fire authority and our firemen that are injured and i'd like to make sure you share that one more time please i don't have it in front of me at the moment so mr city manager can we please put that link up on our website so that information in case anybody wants to donate to the fire authority to assist our firemen that were injured while they were on duty. That is why first responders are so important. You know, not all the work that they do,

Valerie AmezcuaItem 25

whether it's fire or police, they put their lives on the line every single day.

Valerie AmezcuaItem 25

So I just want to share really quick. So while I was here, we gave them keys to the city on the 14th. It was a beautiful event. And so I want to thank the staff, Sylvia, our deputy city manager and our city manager and staff made that happen without any kinks it was wonderful can't wait for press release to go out on that and they'll be back and we're going to hopefully go visit them you all will get an invitation for that to visit them in so well because we have some great stuff going to hopefully happen with them with our new leadership here at the city fiesta patrias was wonderful the

Valerie AmezcuaItem 25

girl scouts and the brownies rode with me and walked in front of me and danced in front of of the trolley I was on. It was absolutely wonderful. So to all the city staff, starting with the city manager down, thank you for everything. Hawk, thank you for taking good care of my parents. I appreciate that. But it was just a great event. And as Mayor Pro Temp said, you know, when you look out into the audience, wherever you are from, wherever you come from, however you feel, it was a beautiful, beautiful weekend. And what I heard, I believe that there were no problems, Chief Rodriguez. That's what I heard.

Valerie AmezcuaItem 25

And so thank you for being out there, your men and women from the police department. We really appreciate that. I also want to share that on October, excuse me, this past Friday or last Monday, I was a moderator for the Needle Exchange with 39 different cities. And I didn't touch on that last meeting. But it's really important that everybody knows we have not stopped the work. We're just doing other work. And so I was joined by the city manager and the deputy city manager and some other staff.

Valerie AmezcuaItem 25

And we shared with the other cities what Santa Ana has been doing, is doing, and will continue to do to hopefully not allow the, they call it the needle exchange. We're going to call it the needle distribution into our city. And no, we're not NIMBY, but hearing from cities that are experiencing the needle distribution, we do not want that in our city. It's caused them a lot of problems. So that's something that we are working on. And so thank you, city staff, for doing that. Also, I have coffee with the mayor coming up this Saturday at the Santa Ana Senior Center. It's always exciting at the Senior Center.

Valerie AmezcuaItem 25

Thank you, Councilman Penelosa and Becerra, for always joining me this weekend. Also, Congressman Correa and Assemblyman Valencia will be joining me at Saturday at the Senior Center with the staff. They love being around the seniors. We all love being around the seniors. They give us life. And so that is from 10 to 12 at the Senior Center on 3rd and Ross. So make sure I get that right. Also, on October 14th, I'll be having along with some others in the room, Prop 36 educational forum is not to tell you how to vote one way or another.

Valerie AmezcuaItem 25

It is to educate you on Prop 36 so that you understand what it is, what it means, what's going to happen, if it passes, what could or could not happen, if it doesn't pass, where we go. and it is just going to be a wonderful educational forum. Educational forum. It's not indoctrination. It's an educational forum for all those that want to attend. And I have monthly Neighbored Association President meetings, so in lieu of that meeting, we're going to have a Prop 36 educational forum. I also want to share again this evening, there was another homicide, Mr. City Manager. I know there are things that people are concerned about.

Valerie AmezcuaItem 25

there we have homicides happening in war two on a pretty regular basis so I hope thank you chief for really focusing in some of our areas that are hot spots for us I really appreciate it I also want to say thank you to the staff mr. city manager again and deputy city manager there's been some movement going on and some great things happening in our city our buses are being our bus stops are being cleaned six days a week. They are being cleaned by a company that works with the city, but CityNet and Santa NPD are involved. And so I want to thank all the staff. They are being

Valerie AmezcuaItem 25

cleaned, deodorized, and sanitized so that nobody is sleeping on them. And people who want to take the bus to and from work, wherever they need to go, they actually can sit there safely and you sit on the bus and not have to sit on god-awful things and they're being sanitized I want to share that with everybody so thank you to the city staff and to Mr. City Manager for taking the lead on that and really activating right you're doing some wonderful things with your staff to not push people out and say we don't want you here but our community wants a clean city and we want

Valerie AmezcuaItem 25

to be safe it's a good quality of life and so I really appreciate that work and thank you Councilman Vasquez for getting involved with the police department. I will say that a couple years ago when I was on the school board we did some munitions training at one of our high school so that all of the police departments can come together and at that time Chief Mencia worked with Chief Valentin and we worked with O'Kayak and Orange County Fire Authority and Orange County Sheriff's Department and Santa Ana BD and Santa Ana Unified and parents were involved and they went through some training about safety and what to do what not to do

Valerie AmezcuaItem 25

because chief correct me if I'm wrong if there is actually a shooting at one of our school sites Santa Ana PD will be the leading agency yes we will respond

and assist in any way and take the lead if necessary that's correct so because

Valerie AmezcuaItem 25

Santa Ana Unified used to have 35 officers and they don't have that many officers anymore because the board has not allowed them to hire any more officers and so Santa Ana PD really does take care of our schools along with Santa Ana Unified School Police Department. They have great officers. So it has not just been a two-year project by Councilman Vasquez, as he all wants you to believe. So Mr. Pelosi and I sat on that school board, and for eight years, I worked very closely with the police department, Santa Ana Unified School Police, and Santa Ana Police Department, and Okaiaq, and the Sheriff's Department, and the Fire Authority,

Valerie AmezcuaItem 25

to make sure that everybody was talking to protect our students. Because parents are always complaining about how they don't feel safe that is why when I sat on the school board we implemented a one-way in one-way out for safety of our children is the school board still doing that I do not know because apparently according to the court case with you know the ADL they're more concerned about other things in the safety of our children so thank you councilman Vasquez for now getting involved in that but that work has been going on for many many years and hopefully with a new board or current

Valerie AmezcuaItem 25

board it will continue to grow we will continue to work Santa Unified School police with Santa Ana PD and when mutual aid is needed by the Sheriff's Department and O'Kayak and the Fire Authority that we will all work together to keep our children safe. So thank you all very much and this meeting is adjourned.

Thai Viet PhanItem 25

Recording stopped.

Thank you.