[This transcript was generated automatically from audio using AI and hasn't been reviewed by a person -- it can contain mistakes, including plausible-sounding sentences that were never actually said. Treat it as a starting point, not a verbatim record.]

[0:20] The closed session meeting of the City Council has been cancelled this evening. The regular meeting of the City Council will begin promptly at 6 p.m. Thank you.
[10:46] Everyone, I'd like to call to order the regular meeting of the City Council of 6 p.m., meeting number 3105, Madam City Clerk, roll call please.
[10:58] Councilmember Nielsen, Councilmember Fink,
[11:02] Councilmember Gallagher, Mayor Potempo, Mayor Lumber.
[11:08] Thank you, next we have the invitation,
[11:10] Jeff Carr, Evangelist from Tests and Church of Christ is with us tonight.
[11:16] Good evening, and let's pray together.
[11:19] Father and heaven, we thank you so much for allowing us to be here.
[11:22] Thank you for the day you've given us,
[11:25] for the creation that we see outside the mountains that we can look at
[11:28] be in a close proximity to the ocean, the diversity that we can see each and every day that
[11:33] is only from your creation, that only you can do, helps to remind us of just who you
[11:39] are and how powerful you are in our lives, help us to be servants of one another, help
[11:44] us to be good stewards of the blessings you've given us, help this legislative body to lean on
[11:50] you and ask for wisdom as they make critical decisions that impact this community. Be with
[11:56] We seek to put you first and all things to your son's name. Amen. Amen. Thank you.
[12:04] I have the pleasure of allegiance tonight. If you're able, please rise.
[12:11] Place your right hand over your heart. Ready? Begin.
[12:15] I pledge allegiance to the flag of the United States of America,
[12:20] and to the Republic for which stands one nation under God,
[12:24] indivisible with liberty and justice for all.
[12:28] Thank you. Maybe seated.
[12:36] Well, usually when the council chambers are this full, that means we've done something horribly wrong.
[12:41] But I'm glad that that's not the case tonight, and I would like to welcome back the testing girl softball.
[12:46] So recognize them. We have two presentations tonight, and the first one is a testing girl softball. I'm going to read some words here.
[12:52] If you were here last year, either the girls with parents coaches, I'm going to read him and Mike Mr. Hernandez to come up and say some words and then we'll take some pictures too.
[13:01] So, I'm glad you guys are back again.
[13:04] This summer, Marcha Historic milestone for the Test and Girls Softball League as it's all
[13:08] star teams achieved unprecedented success and represented testing on the state and regional
[13:13] stage.
[13:14] For the first time in the history, the 10-use silver all-star team captured the district championship
[13:19] title.
[13:21] The team went on to place fourth in the state tournament and earned an impressive second
[13:24] place finish in the California Regional Tournament.
[13:27] The 12-year-old all-star team achieves another remarkable accomplishment by winning the state championship,
[13:33] earning the opportunity to complete for the Western National Championship in Seattle, Washington.
[13:38] Their success brought great pride and excitement to the testing girls' softball lead.
[13:42] These outstanding achievements reflect the hard work, dedication, teamwork, and sportsmanship
[13:47] demonstrated by the athletes, coaches, and families throughout the season.
[13:52] Their accomplishments serve as an inspiration to future players and reinforce the strong
[13:56] tradition of youth athletics in testing.
[13:59] Congratulations to all the athletes,
[14:01] coaches and supporters on an exceptional season
[14:03] and for representing testing with excellence
[14:05] both on and off the field.
[14:08] Congratulations.
[14:16] Mr. Hernandez, the floor is yours.
[14:22] All right, good evening, Mayor.
[14:23] Members of the City Council.
[14:24] Nice to see you again as promised.
[14:27] My name is Christian Hernandez, President
[14:28] of Tuss and Girl Saltball.
[14:30] And I'm behalf of our league,
[14:31] thank you to the City of Tuss and City Council
[14:33] for this special recognition.
[14:34] and for your continued support of view sports in our community.
[14:39] As shared, we are incredibly proud of these young athletes, for their hard work,
[14:43] teamwork, sportsmanship, and the way they represent a tusk throughout the summer.
[14:47] I also want to thank their coaches and families for the countless hours and sacrifices
[14:51] that made these accomplishments possible.
[14:54] This year we had nine all-star teams, they all moved on into states,
[14:58] but tonight we proudly recognize
[15:00] Both the ten-use silver storm, led by manager Bianca Hernandez and coaches Selena Gonzalez, Ashley Hernandez and Mario Rojas.
[15:09] As share, they finish 27 and 11, one district, police fourth in southern California and finished second at the California State Games in San Diego.
[15:18] I also want to recognize the 12-year-old sparks led by manager Chris Blevins and coaches Jimmy Brown, Michael Crawford, Chris Manning and David Valencia.
[15:26] the Sparks finished with an incredible 39 and 8 record.
[15:30] They won three tournaments and they're the first ever
[15:33] Tusning Girls Saltball team to win a stage championship.
[15:36] They traveled to Seattle this summer,
[15:39] and they did represent Tusan at a national tournament.
[15:42] So, at Tusan Girls Saltball, we always say we do it for the girls.
[15:45] And tonight, we probably celebrate the players,
[15:47] the coaches, and the families of these two teams,
[15:50] and our entirely.
[15:51] So, thank you very much.
[15:53] Thank you.
[15:59] And we're going to come take some pictures in a second, but girls this night is about recognizing
[16:03] your accomplishment, but as the father of four youth athletes that are in travel
[16:07] weeks for different sports, say thank you to your parents too, thank you.
[17:14] Yeah, yeah, yeah, yeah, yeah.
[17:21] You know, all have to do it.
[17:22] So if you just make a little power here,
[17:24] you know, that's it.
[17:25] Yeah, yeah, yeah.
[17:25] Because that looks really weird.
[17:27] I guess that's it.
[17:28] Right?
[17:32] Yeah, yeah, yeah, yeah.
[17:36] Yeah, yeah, yeah.
[17:36] Yeah, yeah.
[17:37] Yeah, yeah, yeah.
[17:39] Yeah, yeah, yeah.
[17:39] Yeah, yeah.
[17:40] You know what I'm saying?
[17:42] Yeah, yeah, yeah.
[17:43] Yeah, yeah.
[17:44] Thank you.
[17:49] Thank you.
[17:49] Thank you.
[17:50] Thank you.
[17:50] What is it?
[17:51] It's so popular.
[17:53] It's a great place for you.
[17:55] Get some東西.
[17:57] But it's pretty wet.
[17:58] It's so wet.
[18:00] Please, please.
[18:02] I'm happy to see you.
[18:04] Okay, ready.
[18:06] One, two, three.
[18:07] One, two, three.
[18:11] One, two, three.
[18:11] I think the thing we do is,
[18:13] Thank you.
[19:51] You have to have this.
[19:53] You have to have this.
[19:54] You have to have this.
[19:56] Come on.
[19:57] What are you doing?
[19:59] I am.
[20:01] Good. Good. Good job.
[20:33] All right, you girls are, and maybe the parents want to know this too, you girls can leave
[20:38] if you want.
[20:39] The next presentation is the Dolly part of Imagination Library, it might be special for you
[20:44] to kind of hear what it's all about, but if you want to leave, go ahead and
[20:53] we'll give you
[20:54] about 30 seconds to shuffle out.
[20:56] So if you're leaving, hurry up.
[21:26] As soon as the doors shut, just because I know you're back on this.
[21:47] Okay. Our next presentation tonight is the Dolly part in the
[21:51] Imagination Library and Chris he green of the Dolly part in
[21:54] Foundation will speak on behalf of the Dolly part in the
[21:56] Imagination Library project occurring at the Irvita book company.
[22:00] Thank you so much. Thanks for having me and thank you for the
[22:03] floor and opportunity to share. We are just so excited because
[22:07] the Imagination Library, DeliPrince Imagination Library, is coming to Orange County, and
[22:11] it's starting in the City of Teston. Y'all are the first
[22:16] city to bring this program to
[22:20] fruition, and that is huge. And I have a lot of folks to think, but before I do, I'd be
[22:26] remiss if I didn't say something about our dreamer and chief, whom we just lost. Obviously,
[22:31] Dahlie is a legend, she's a treasure, and somebody shared something recently that
[22:35] that was really beautiful.
[22:37] We have celebrities that we love in a door and we cherish.
[22:40] But dolly was a celebrity that loved us back,
[22:42] and she was that thread that kept us all together.
[22:45] There's not one person, I think, that didn't like dolly,
[22:48] and dolly really cared about humanity.
[22:49] And one of the ways in which she showed,
[22:51] how she cared about humanity,
[22:53] is she brought dolly part and imagination library
[22:55] to life, 31 years ago.
[22:57] So we're celebrating 31 years of impact.
[22:59] And in California, we have a commitment
[23:01] to bring this program to all 58 counties,
[23:03] Orange County, obviously being a high priority.
[23:06] And thanks to Council Member Lee Fink, Sam Robertson,
[23:09] with our Vita Book Company and Foundation,
[23:11] and folks like Dalyne Riley,
[23:13] who's our youth ambassador in Jeannie,
[23:15] who's been with me since the beginning.
[23:17] We're able to say that the imagination library
[23:19] will be available to children from birth
[23:21] and tell their fifth birthday.
[23:23] So for those of you who don't know about the imagination library,
[23:25] what it does is give to book every single month
[23:27] to children from the time they're born, tell their fifth birthday.
[23:30] And our hope is that we're building home libraries.
[23:32] But beyond that, we're better preparing our kindergartners for school, for their school journey.
[23:38] And we focus on this age group because 90% of our brains are developed by the time we reach five.
[23:44] So that interactive reading with our caregivers is paramount.
[23:47] It ensures that they're exposed to worlds outside of their own, that they're exposed to worlds.
[23:52] And they're getting themselves primed and ready to learn how to read.
[23:56] So this program is incredibly important.
[23:58] and we just did a statewide or excuse me
[24:01] an international study that showcased the validity
[24:04] of our program.
[24:05] Just after 10 books after looking at 86,000 families
[24:08] who have access to our program,
[24:10] and this is the largest book-gifting program
[24:11] in the world, by the way.
[24:13] Dolly had started this program in the United States,
[24:15] Canada, UK, Ireland, and Australia.
[24:17] Right now, 3.2 million children, every single month,
[24:20] receive this book and test and children,
[24:22] we've part of that count very soon.
[24:24] And what we discovered after just 10 books,
[24:27] Children improved their literacy four times.
[24:31] They were nine times more likely to be read too consistently.
[24:34] And we've known they're read too consistently
[24:35] by the time they reach kindergarten,
[24:37] they're exposed to one to two million more words
[24:39] than they're kind of part two may not have been read too.
[24:41] And then more importantly,
[24:42] children are building confidence.
[24:44] They're taking agency and their literacy experience.
[24:46] And they're asking to be a read too.
[24:48] We're creating lifelong learners and readers.
[24:50] So this program is now coming to our city,
[24:53] which I'm really, really excited about.
[24:55] I also wanted to thank Lynn Davis,
[24:56] the President of the Test and Unified School of District for his personal contribution.
[25:00] Obviously, the mayor. Sorry, I'm a little bit nervous in county. What do you think who has been integral in getting us to this point, an incredible
[25:09] champion and stakeholder of this program. Thank you so much, Lee. Council member pink. And of course, Santa Roberts and with our
[25:15] Vita Book Company and foundation in her team and our volunteers because it really does take a community to make a program like this happen.
[25:22] and that's exactly how to how dolly designed it.
[25:25] She wanted to bring a community together
[25:27] so that we can support our little listener.
[25:29] So because of everybody around,
[25:31] this program is now available,
[25:34] which I'm really excited about.
[25:35] So to commemorate the fact that you are the first city
[25:38] to bring to Orange County,
[25:39] you have your very own stand up dolly.
[25:41] And yes, this is how can you tie this powerful woman
[25:43] with the big heart,
[25:45] and who's taught us to dream fully.
[25:46] This is how tiny she is.
[25:48] And then we also have a science,
[25:51] autographs photo for the council and then we also have books for you. Some of the books that are in our program as well as in QR code.
[25:59] So families, you can sign up today. Thanks to our Vita book company and the likes of Lee and many others.
[26:05] You've brought this to fruition. So anyway, thank you so much.
[26:16] We're going to come down and take some pictures with you. I just wanted to say thank you.
[26:20] You said thanks to a lot of people including the council and this is really about getting books in the hands of kids and
[26:26] effort that you and Dahlie and all of her team are succeeding at. And thank you for bringing
[26:31] it to Justin and we're excited for it. And I just want to say we're committed now and we're
[26:35] then ever to grow this program. Dahlie's dream and vision that every single child will have access
[26:40] to books remains and we're building the program. So if anyone wants to be part of it, we do
[26:44] have an advice or a committee, maybe unimumptly basis and help us bring it to the rest of Orange County.
[26:49] Thank you. I digress. I just want to say I actually haven't done much, but I want to acknowledge
[26:54] the mayor who helped get a supervisor Wagner, who's contributed to this program, and also
[27:02] supervisor Sarmiento.
[27:04] So both of our county supervisors have contributed there from their discretionary budget funds
[27:08] into this program.
[27:10] Because there's still a fundraising component of this.
[27:12] So thanks to everybody who's involved in doing that.
[27:15] And we'll be fundraising more to add to that.
[27:17] That's right.
[27:18] Thank you so much.
[27:19] That's all.
[27:34] Thank you.
[27:44] This is really how it's hanging this power.
[27:48] This is really how it is hanging.
[27:54] I like a giant.
[27:58] All right, we'll have a little bit of that.
[28:02] You're the sick dude.
[28:06] Okay.
[28:13] We'll put it for me right here.
[28:15] One, two, three.
[28:17] Got it. Thanks, y'all.
[28:19] Thank you.
[28:20] Thank you.
[28:21] Can I see one last thing?
[28:22] Actually, since Sam was unable to be here, Sam Robertson from our Vita Book Company and Foundation,
[28:28] who is our local champion, this is what she said, which I just thought was so beautiful.
[28:33] Our vision is that someday getting a book in the mail, every month is just a part of growing up in
[28:37] testing.
[28:52] Okay, like I did for the testing girl's off-ball. If you're here for the Dalai
[28:55] Parton Foundation and you want to leave, go ahead. You got about 30 seconds to move on out.
[29:09] Okay. Next, we have public input. At this time, any member of the public may address the council
[29:14] on matters which are not on this evening's agenda provided the matter is within the subject
[29:17] matter jurisdiction of the city council. If any members of the public who are participating
[29:21] through Zoom wish to address the council, please raise your hand. And if you're calling in,
[29:25] please press our nine to raise your hand. Madam City Clerk, I have a list here. I'm going to ask you
[29:29] to call off the name. Please, and we'll do in person first. First, we have Leslie and then Susan.
[29:43] I'm a little hurry hearing but I'll do fine. Hi City Council. My name is Leslie and I'm a resident of
[29:49] Tustin and I'm here to continue my opposition of the flock system software being used in the city.
[29:56] Because our common ground for evidence is a meeting I to I for the past couple months.
[30:00] We're going to try something new, and we're going to try to roll play. So I'll pretend to be a flop representative, and I care about how much money you're going to say with our system.
[30:09] So for example, if you go to the CVS, down street, there's usually only one to two people managing that store, because a company that has earned $106 billion and its second quarter still needs money to be saved, and I completely understand that as a businessman.
[30:24] right? And so I can see that your test and police department has also maybe run into a money
[30:30] problem. So let's see if I can help you save some money. theoretically you can replace and
[30:34] fire about 25% of the workforce and then we can replace those overworked eyes with our high
[30:41] powered best judgmental AI intelligence. Why not right? You save a lot of money because AI will
[30:47] never go on strike and it will never ask for a pay raise. Your other security surveillance you can
[30:52] If you want to, or you can implement our software into them like the axon fuses, like the one you're trying to implement for the school later today.
[31:01] And because we need to inflate this false sense of emergency, we can implant them and the neighborhood cameras as well.
[31:09] Then you'll have unchecked members looking over a thousand cameras daily without any pesky audits or warrants or false identities or false positives or stalking incidents.
[31:19] Gathering all that data to be stored in a third-party sector.
[31:22] You don't need to read any of that.
[31:24] What's important is that I'm saving you money.
[31:28] And I removed you from all fault and having any more consideration
[31:32] that our system does.
[31:34] And I'm so proud that you overlooked the news reports,
[31:38] the automation, blindness, and victims statements
[31:41] in order to keep doing business with us.
[31:44] Your number one guy, your best friend,
[31:47] The private company who sees all call concern and resisting citizens terrorists, I'm just like you.
[31:54] So thank you so much for putting us above your citizens and don't forget we're not liable.
[32:00] And seeing, that was pretty bad, right?
[32:03] And so, Tussain doesn't need Fox Offer anymore. You know what to do. Thank you.
[32:11] If you're a comments next speaker, please.
[32:17] Good evening, Mr. Mayor and Council members.
[32:21] My name is Susan Burgess and I am a resident of Tustan and a retired teacher who spent 35
[32:28] years with the Tusted Unified School District.
[32:31] I am all for safety and crime prevention.
[32:35] I am all for helping the local police and the sheriff.
[32:39] I am all for ways to deter crime.
[32:41] I am also currently much more concerned about how ICE operates in and around our city.
[32:49] I've spoken twice here before about the ICE raid behind-tested high school in July.
[32:55] It was unnecessarily violent and it was a targeted raid.
[33:01] How did the ICE agents find the guy they kidnapped?
[33:05] I used that word because there was no judicial warrant present.
[33:08] I have no idea how they found that guy, but I can sure wonder if it was through an automated license plate reader.
[33:18] It is on the DHS website that ISIS tapped into ALPRs as far back as 2017.
[33:26] So I am here to express my extreme discomfort with and opposition to surveillance camera technology for a few reasons.
[33:37] First, eye-sagents are not lawful when they don't follow due process, and they are using it to find immigrants.
[33:47] That's a violation of state law.
[33:50] Second, the data collected by these cameras are not regulated or secure.
[33:56] The police officer in Costa Mesa misused the data to stalk someone for example.
[34:03] Third, there is a lack of transparency around these cameras.
[34:07] Do people know that their vehicle's information has been entered into a database that
[34:12] can track where they go?
[34:16] I am very uncomfortable with the idea of the similar surveillance technology being used in our schools.
[34:23] I don't believe that it will make our children safer.
[34:26] On the contrary, it will increase anxiety, fear, it will degrade trust in their teachers
[34:33] and administrators, making it less likely that they would report dangerous behavior.
[34:41] Maybe surveillance technology gives some people a safer feeling, but the reality is different.
[34:47] The cameras are expensive, intrusive, and in some instances, unconstitutional.
[34:54] These cameras are an invasion of privacy.
[34:57] The City of Tustin and Tustin.
[35:00] First and Unified should focus their investments on more guidance counselors and social services care.
[35:07] If we cared more for our people, we would all be better off. Thank you for your time.
[35:17] Next speaker, please.
[35:19] Next, we have Kristen Monia and then Kevin Reyes.
[35:25] Good evening. Good evening Mayor Austin Lombart and Tested the City Council.
[35:30] On behalf of the United Nations Association of Orange County and the Southern California
[35:37] area Republican women in long-term residents of testing, I want to express my heartfelt gratitude
[35:44] to each of you for your leadership and commitment to the children and families of our community.
[35:52] I'm a socially proud that testing is the first city in Orange County to adopt Dolly Parton's
[35:56] imagination library for all the children in our city. Giving a child access to books is a
[36:05] much more than just reading. Books spark imagination, they build confidence and they encourage
[36:12] curiosity and open the world of possibilities that can last the lifetime. As someone who's called
[36:26] that continues to lead by example.
[36:31] Mayor Lumbart, Lee Fink, and the rest of our city council.
[36:36] Thank you for investing in our youngest residents,
[36:39] and for giving them the gift of reading,
[36:42] learning, and dreaming.
[36:44] Thank you for making testing a community where every child
[36:47] has the opportunity to imagine, grow, thrive, and dream.
[36:52] Thank you so much.
[36:56] Can I speak your please?
[36:59] Kevin Reyes.
[37:00] I
[37:13] can be more.
[37:14] We'll give you back five seconds.
[37:21] So, hi, Test and City Council, Mayor.
[37:24] My name is Kevin Reyes.
[37:25] I am a resident of Santa Ana.
[37:28] And I come before you,
[37:29] humbly asking for you guys to fund a couple of
[37:33] roller-ring sessions at the Test and Heritage Park.
[37:36] I have already successfully fund raised
[37:38] session myself on a Wednesday.
[37:41] I was for two hours, the roller rink is held up by the Anhymdux and it's a hockey rink.
[37:48] So when roller skaters go there, usually it's split up between two, but it's really dangerous
[37:53] to be skating around while there's hockey pucks flying around.
[37:57] So I was able to talk with the park manager and we ended up getting it reserved for two hours
[38:02] for roller skaters and it only cost us $200, like $200 plus the fees and stuff.
[38:07] And I was just wondering and hoping that since if you guys have ever heard about holiday skate center in orange
[38:12] It was shut down and roller skaters are looking for a place to skate if you guys could fund that for us
[38:18] It would only be $400. I've already done I've already run the logistics
[38:22] I would have had I would be a happy volunteer as a floor guard
[38:26] It would be something really good for your skaters here in Tuston
[38:29] Especially since you guys already have Tuston legacy and everything going on the race for art to to become the city for the birthplace of
[38:36] artistic roller skating in the Olympics is on.
[38:40] Holiday was a prime contender because they had a wooden rink.
[38:44] There's wooden rinks being open right now in Fountain Valley as well as Corona.
[38:47] There's going to be one open up there.
[38:49] And so my second request is also to look into maybe opening up a wooden rink here in
[38:53] Dustin.
[38:54] So that you guys could get a shot at becoming the birthplace of Olympic artistic roller skating.
[39:00] Orange had that chance and they shut down holiday ski center.
[39:04] and now it's here open for everybody.
[39:08] So those are just the two things that I would be asking
[39:10] for roller skaters in the community.
[39:11] If you guys could fund some time over that,
[39:14] test in Heritage Park, the roller rink,
[39:17] work with Anna Heimducks.
[39:17] I would happily volunteer my time to be
[39:19] floor guard there and also just look into maybe
[39:22] making a wooden rink so that artistic roller skaters
[39:25] could have times after school.
[39:27] Like the Holiday Artistic Skates Center is looking
[39:29] for a place to skate as well.
[39:31] They're looking for any time after school
[39:33] from 3 to 6 kids need places to skate. We need third spaces and roller skating. There's just so
[39:39] many benefits to it that people, I'm really not not a shame, but sad that it was like go
[39:45] off in the place that it was, but I need to make sure that everybody gets a shot and that roller
[39:50] skaters have the best place to skate. So if you guys could look into those two items, I'll be
[39:55] speaking hopefully here a little bit more to give you guys more information, but that would really be
[40:00] Awesome. And I look forward to hearing what you guys think. Thank you. Thank you for your
[40:05] thoughts.
[40:09] Thanks for your good please. We have two speakers on Zoom. The first one has the last four
[40:16] digits for 317.
[40:25] Hi, can you all hear me? Yes, go ahead. Thanks. First off, I realized the issue I'm raising
[40:32] is small fish compared to some of the other topics discussed today, but I really appreciate the opportunity
[40:36] to voice my concerns than the less. I'm a test and resident who lives nearby the Allie Grove
[40:42] promenade park. I'm calling to raise concern over the Thickleball courts actually at Allie Grove.
[40:49] There are pretty consistently now folks who have been playing at the courts outside park hours.
[40:53] Players almost always scream and break noise ordinances. It gets pretty rauty out there. It
[40:59] sounds really exciting but unfortunately loud. From what I've noticed, it'll start as early as 5 a.m.
[41:05] goes lay as 11 pm or midnight in some cases. Additionally, they bring their own floodlights
[41:12] which shines through our windows at times. Normally, I wouldn't see this as a major problem.
[41:19] Pickleball is great and I'm so grateful to have this community space so close to home.
[41:25] But lately, unfortunately, it's just gotten increasingly loud. In recent weeks, the shouting
[41:30] has disrupted sleep and sometimes causes my dog to bark and wake up our baby for anyone
[41:36] who has kids. I'm sure you can relate to how frustrating this sort of thing can be.
[41:41] Thankfully I do believe there is a very simple solution which could be
[41:44] which would be to lock up and open the courts according to park hours similar to how this is done
[41:50] at other tests and parks including the very close by veteran sports park. So hopefully it wouldn't
[41:55] me to many resources or too much time to have whoever does that at veterans to move on
[42:02] over to Alie Grove and do the same for our to court there. Again, thank you for taking
[42:08] the time to hear my concerns and have a good evening.
[42:11] Thank you. Next speaker please. Next we have Kudan.
[42:25] Hello. Hi, go ahead. Can you all hear me?
[42:29] We can hear you go ahead.
[42:32] So I'm convinced I've come here before to resolve their issue and the public safety issue
[42:40] at Spuncip Pod Desert Discard course, which has heard some of the people including
[42:46] a person got hit in the belly and also my neighbor got hit in the ankle and so much
[42:53] after six months.
[42:55] And I got hit as well, and so I finally got a response from Parks and Recreation with a proposal for a solution.
[43:08] And I wanted to address my concern regarding that.
[43:13] I like most of the solution, just as just one part of the solution that I feel like it is very or victim blaming.
[43:28] So for example, I like the solution about making sure that there's a sign saying that you cannot play after dusk that is at night,
[43:36] which is actually very good.
[43:38] Having signs with arrows and directions
[43:40] in front of every discolored face and like that,
[43:44] like the part about having signs telling the discolored players
[43:48] to have more etiquette, be careful of the direction and end.
[43:52] The part I didn't like was telling the pedestrians
[43:56] and the public to be careful
[43:59] because that sounds a lot to me like victim blaming
[44:04] and the city caring more about preventing lawsuits
[44:08] and, you know, protecting their own life.
[44:10] Those who you rather than actually public safety
[44:13] and I feel like I'm concerned that it would involve
[44:16] in the digital players to be even more reckless
[44:21] because now it feels like the city is gonna be
[44:24] like protecting down inside of, you know,
[44:27] as you are actually the majority of the users there.
[44:31] So I'm concerned that even I am thinking
[44:34] If that happens, I might not even go during the day anymore.
[44:38] I don't even go during the day, even right now.
[44:41] And then, last of the public would go and even
[44:45] more of the discount code would go and end up taking over
[44:48] the path.
[44:49] So account the solution that I propose is,
[44:52] instead of telling the public to be careful,
[44:55] how about there is a dedicated phone number?
[44:58] uh...
[45:00] The citizens can report an incident. That's separate from 911 or the police department, sister, dedicated phone number to actually report incidents or the citizens' second documented.
[45:13] And it would also give her a head sub to the different care players that can be some consequences.
[45:20] And then we can have signs with the phone number. So that is the solution that I propose.
[45:27] I like everything else, so yeah, thank you. And the reason why I'm also telling this is because I do now have evidence, you're in the next three minutes or we appreciate your comments.
[45:39] Thank you.
[45:40] Thank you.
[45:42] Next speaker, please, the third one.
[45:45] That is all.
[45:46] Mr.
[45:46] Anybody else in the room?
[45:49] No, and I do want to note for the record that an email from Alex Brown was received and distributed in the city council regarding Orange County Animal Care.
[45:57] But next we have our closed session report, Mr. City Attorney.
[46:01] This evening's close session actually was canceled, so there is no close session report.
[46:06] Okay, thank you.
[46:09] Next we have our consent calendar, items 1 through 10, all matters listed under the consent
[46:12] calendar are considered to be routine and will be enacted by one motion without discussion.
[46:16] Item number four, on tonight's agenda, will be pulled a staff request and will be considered
[46:20] a future meeting to be determined.
[46:22] So we're considering 1 through 3 and 5 through 10.
[46:26] Public input for the consent calendar items.
[46:28] If any members of the public wish to address the council,
[46:30] please submit a request to speak form.
[46:31] If you have not already.
[46:33] If any members of the public wish,
[46:34] participating through Zoom,
[46:35] with to address the council on items 1,
[46:36] 3, 3, or 5,
[46:38] through 10, please raise your hand,
[46:39] or 4, if you want to talk about 4.
[46:42] Madam City Clerk.
[46:42] I have a list here,
[46:43] but I'd ask you to manage the speaker's please.
[46:46] Our first speaker is Leslie,
[46:49] and then after Leslie,
[46:51] we'll have Dominica.
[47:00] Hello again.
[47:01] My name is Leslie.
[47:02] and regards the agenda item number eight, which is the memorandum of understanding.
[47:09] Looking through it, it just demonstrates to me that the focus isn't solving the
[47:14] rule of the problem. It's simply just wanting to increase on surveillance.
[47:20] My question is then, is this a response to ice infiltrating the high school grounds
[47:24] because if you just act on, as implemented, then an ice agent can waltz up to the school district
[47:32] or the police department, and then demand access to the state of NVIDIA regardless of whether
[47:37] it wants to be turned over or not. That's just, there's no disputing that. You have to hand it over.
[47:43] Excuse me. The MOU also itself emphasizes on safeguarding the state of
[47:49] But it's naive to think that Axon wouldn't share this data already when they've already had issues with their user term agreements and then sharing law credentials already and other cities and states is widow.
[48:05] If your solution is to change the language or use of terms in this memorandum, you'll just be following the footsteps of the coast of Mesa City Council who
[48:15] They also had something like this and they disregarded the voice of 70, something residents of their town and said obey their own judgment and then gave their loyalty to this private company.
[48:31] Saying yes to this is catastrophic and it just demonstrates you're all scared of your community.
[48:37] it's appalling and embarrassing if that means anything at this point from how many times I've
[48:42] come here to just talk about ALPR and just data prevention and privacy. The focus shouldn't
[48:48] be what the technology does, it's who it serves and who it does it to which in this case would
[48:54] be students and teachers. So I guess if you are going to say yes I guess just be ready when a parent
[49:02] comes up to you and then they ask you why you'd
[49:04] and protect their Bethany or their Coralos, their Jennifer,
[49:08] their Angie, their James, their Emma, their Henry, their Louise,
[49:11] their Susan, and then your answer was, but we put a camera up.
[49:16] And if you care about these children, don't plan this phone.
[49:19] If you have to say no to this, the memorandum of understanding.
[49:22] Thank you.
[49:25] Thanks, Baker.
[49:34] Good evening, Mayor, and Council members.
[49:37] Earlier this year, I came before you to raise some concerns
[49:40] about the use of emerging public safety surveillance technology, and the importance of making
[49:45] sure privacy, transparency, and accountability to keep pace with these tools.
[49:51] Here to about already.
[49:52] I'm back tonight because I see some of those same issues raised by agenda item 8, the
[49:56] Now you between the Test and Unified School District and the Test in Police Department.
[50:01] I first want to acknowledge that the MOU does appear to include meaningful safeguards of the district
[50:06] between control of its cameras. Emergency access is defined, non-emergency retrieval requires
[50:12] a district permission and access is limited to authorized personnel. I also understand the very real public
[50:20] safety benefit of giving responding officers better information during an emergency at one of our schools.
[50:26] My concern is less about whether authorized personnel should ever have access, and more about how we make sure that access is always used appropriately.
[50:35] We continue to see and hear stories around the country involving personnel who were fully authorized to use surveillance technology, but then misused that access for personal or improper purposes.
[50:49] Those incidents can understandably undermine public confidence and trust while also creating
[50:56] unnecessary legal, financial, and reputational risk for the agencies involved.
[51:02] They also remind us that authorization and training alone are not the same thing as accountability.
[51:09] So I would encourage the city and the department to make safeguards as concrete and
[51:13] ifiable as possible. For example, is every access to a school camera logged, including who
[51:22] had access it, went in for what reason, are those logs periodically audited and how long
[51:27] is downloaded footage retained? And if video is shared with another local state, local state
[51:34] or federal agency, is that disclosure documented and reviewed? I'd also encourage some appropriate
[51:42] periodic public reporting. So residents can understand how often this system is actually being used
[51:48] and under what kinds of circumstances. I don't believe public safety and privacy have to
[51:54] be competing interests. Strong safeguards, meaningful auditing and transparency can help
[51:59] help us have both and give the public confidence that these technologies are being used the way
[52:04] they were intended. I appreciate the Council's attention to those questions in any follow-up
[52:09] and the appropriate, thank you for your time
[52:12] and for your service to the City of Testin.
[52:15] Thank you,
[52:19] next speaker, please.
[52:21] Next, we have Lena Noin, and then after Lena
[52:24] will be Michelle.
[52:47] Hello, my name is Lena.
[52:49] I'm on a low-live in Santa Ana.
[52:51] I do live near Testin and I frequent the city.
[52:54] I'm here to speak on agenda item number eight,
[52:56] which is the memorandum of understanding
[52:59] between the Testin Unified School District
[53:00] and the Testin Police Department,
[53:01] and I am an opposition of the city receiving
[53:04] and filing this memo.
[53:06] The memo is intended to provide the police
[53:08] with access to cameras in the district schools and facilities.
[53:11] The memo is for limited access only,
[53:13] but without oversight or accountability,
[53:15] the risk for misuse cannot be ignored.
[53:18] As you may know, just in Kusenase,
[53:20] as brought up earlier, a former police officer
[53:22] retained access to the surveillance system
[53:24] that he was not supposed to have
[53:26] and use it to stalk and confront multiple men and women.
[53:30] This was an entirely preventable scenario
[53:32] that went on for years.
[53:33] in a police department that claimed they did weekly audits to stop this very scenario.
[53:37] The details on the memo are sparse that I cannot trust that the police department
[53:41] or the school district have strong processes or systems in place to protect school children
[53:45] and school staff from cases of misuse and unauthorized access. Additionally, I have concerns
[53:51] on the potential data collection of children and false alarms.
[53:55] Police access to surveillance systems has shown that these are real risks that can harm innocent children.
[54:01] There should not be a case of allowing access and only examining its flaws after something horrific occurs.
[54:09] Speaking on the proposed benefits, I do not trust that this will improve safety and efficiency,
[54:13] despite public safety being the police's main goal.
[54:16] It has been shown that police presence overall does not make for safer schools,
[54:20] does not protect children and actually interferes with their education.
[54:24] With this in mind, the risk and uncertainties do not outweigh the benefits
[54:28] and I believe the council should reject this memo. Thank you.
[54:31] Thank you.
[54:34] Excuse your please.
[54:37] If you want to speak, and you haven't filled out a card yet, please do so so we can
[54:41] keep going.
[54:43] City Council Mayor, you've probably seen me a couple of times, but my name is Michelle, and I've been a resident of
[54:48] testing for about eight years now.
[54:50] Today I've come to voice my opposition on the usage of justice, accessibility on school grounds.
[54:56] While there's a myriad of concerns already following its parent company.
[55:01] What startles me is allowing a breach of privacy to numerous unsuspecting family and students that have been notified already of this agenda right now.
[55:11] While safety and person responses all well and said, many of these individuals are not where they're being actively recorded and potentially watched from different angles by police officers.
[55:20] It's already a state law in California that miners should not be filmed under any circumstances.
[55:25] data is contained indefinitely with the Fuchsia's axon system. It continues to build and
[55:29] build forever creating an insane backlog. There's already an notorious case here in California
[55:34] when Defense Attorney Rick Horowitz, what apologies on his pronunciation, representing his juvenile
[55:40] client, is forced to do unnecessary hurdles to obtain records for his client, but because of these
[55:45] very leacherous terms and agreements, he was being forced to choose whether to represent his
[55:50] high and fairly in the court of law. I am all for the police being adequately prepared to do their
[55:55] jobs, but increasing surveillance especially to an underrepresented group that do not actively
[56:01] know how to represent their rights to some make a community safer. It will create a rift and trust.
[56:07] As much of a defense of saying you have the most ethical police department, you have the best officers
[56:12] for the task. There will always be a failing in that system. There will always be a misidentification.
[56:18] and there'll always be an accidental false alarm
[56:21] and to simply officers ready for a problem,
[56:24] to a vulnerable place as a school is troubling enough.
[56:28] I'll ask who here in the council at the police station
[56:31] will be responsible when an example
[56:33] is the next ice raid will happen.
[56:35] That threat is always going to be there
[56:37] and will you be the ones to refuse
[56:39] when a federal ice agent demands that you hand over
[56:42] all this pretty new data you've practically curated
[56:45] for them to misuse?
[56:46] A poll up this paragraph in the MOU agenda which states otherwise, the Department may share
[56:52] or release video information to other local state or federal law enforcement slash public
[56:57] safety agencies during the performance of duty to enhance a coordinated public safety response
[57:03] to investigation.
[57:05] I ask you to reconsider not connect the fuchsious system to school districts.
[57:10] School should be a safe place to go to, not the next prediction of when danger is going
[57:14] strike next. You'll only be cleaning up a mess of your own making if you continue down this
[57:18] rail. Thank you.
[57:20] We have one speaker on Zoom, Andrea Foster.
[57:32] Hello, Naomi. Yes, we can go ahead. Great. Thank you.
[57:36] My name is Andrea Foster. I'm a resident of Tuston and I am asking the City Council to oppose
[57:41] the MOU between Tuston Unified School District and Tuston Police Department to bring the
[57:45] on future systems to our schools.
[57:47] These cameras are tracking our movements in building
[57:49] these databases on all of us.
[57:52] It does not matter which companies cameras are watching.
[57:54] They all share the same problems.
[57:56] There's no transparency, no oversight,
[57:58] and no accountability for how our data is collected,
[58:01] stored or misused, all of which means no privacy.
[58:04] I do not, as a mother, and future testing unified parents
[58:07] supporting this systems into our school
[58:09] and delivering images of our children
[58:11] to a company over which we have no control.
[58:13] Well, technically legal, it is a flagrant violation of the spirit of the Fourth Amendment,
[58:17] which protects us against unreasonable search and seizure.
[58:20] Now, we're all monitored all the time, and this MOU will extend this to our children with
[58:24] no suspicion of wrongdoing.
[58:26] I urge you not to allow this MOU to move forward.
[58:28] Thank you.
[58:31] Thank you.
[58:32] Do you have any other speakers?
[58:34] No, Mr. Mayor.
[58:35] Anybody in the room?
[58:39] Okay.
[58:39] Okay.
[58:40] I do have one request to poll, and I have them from the consent calendar.
[58:44] Number 10, shallows requested to poll item eight.
[58:46] Do I have any other request?
[58:50] Item 10.
[58:51] Nine.
[58:52] Item 10.
[58:53] Council Member Fink is requested to poll item December 9 and 10.
[58:56] So we have eight and nine and 10 being polled in the other request.
[59:00] Okay.
[59:01] Do I have a motion for the balance?
[59:04] Okay.
[59:06] We have a motion.
[59:07] And a second.
[59:08] Can Madam City Clerk.
[59:10] Council Member Nielsen?
[59:12] Yes.
[59:12] Council Member Fein?
[59:14] Council Member Gallagher?
[59:16] Mayor Potempo?
[59:17] Aye.
[59:18] Mayor Lumbard?
[59:20] Aye.
[59:21] Motion passes 50.
[59:23] Thank you.
[59:26] All right.
[59:26] I'm number eight.
[59:26] Probably does not need an introduction.
[59:28] But it is the memorandum of understanding with
[59:30] Session Unified School District and Test and Police Department?
[59:33] No problem.
[59:34] Great. Thank you.
[59:35] Appreciate Mr. Mayor.
[59:35] I just want to acknowledge all the comments that the folks have made out out there tonight
[59:41] staying in their opposition to this memorandum of understanding.
[59:46] I personally am a big proponent of public safety.
[59:49] I've been a big proponent of school safety and actually very supportive of this MOU.
[59:54] The intent of this is not to surveil children of students.
[59:59] It's just...
[1:00:00] Just to, in a moment of crisis, to allow the police to be prepared to actually show up and respond appropriately to keep our children safe.
[1:00:09] I heard a couple of words, you know, catastrophic, catastrophic is death of a child.
[1:00:13] Unfortunately, we live in a society where we've seen way too much violence at our schools and on our streets, and this is an attempt to actually try to protect our young boys and girls that are going to school.
[1:00:29] and avoid something that's a much more catastrophic,
[1:00:33] which is again the death of a child.
[1:00:35] Schools should be a place of safety.
[1:00:37] One of the speakers actually said that I agree.
[1:00:39] That school should be a place where children can go.
[1:00:42] Enjoy their days.
[1:00:43] They can learn and then come back to their parents.
[1:00:46] So I really want to thank the Chief of Police, the City Manager,
[1:00:50] and especially Tuston Unified for the collaboration that we've had
[1:00:53] to look at ways that we can actually ensure that we've got the right
[1:00:57] guard rails on this program and to assure that it's deployed properly and the event that there
[1:01:02] is an active shooter situation that police can be prepared to show up and they can be prepared
[1:01:07] to save lives.
[1:01:08] So again, with that, I would give you the item Mr. Mayor.
[1:01:11] Okay, we have a motion on the floor to have a second.
[1:01:14] All in our game for the comments.
[1:01:15] Thank you, sir.
[1:01:15] Motion on the second.
[1:01:17] Do you want to speak?
[1:01:18] Yeah, sure.
[1:01:18] Good.
[1:01:19] Thank you, Mayor.
[1:01:21] And I'll echo everything that Councilman Prishnell said, but I also want to address folks who
[1:01:27] spoken about this specifically on two fronts.
[1:01:30] One is, these are not, I don't know,
[1:01:35] I'll ask to see Matt, should I correct me if I'm wrong,
[1:01:37] on this point, or the chief of police is back there.
[1:01:39] But these are not cameras that the city is installing,
[1:01:44] or that the city owns.
[1:01:46] These are cameras that the school district has on campus,
[1:01:49] and I see the chief nodding is said yes,
[1:01:51] and I've got this right.
[1:01:52] So these are our decision tonight,
[1:01:54] one way or another, doesn't change
[1:01:56] whether there's going to be the cameras in the schools.
[1:01:58] Those are there.
[1:01:59] The school districts has decided that that's an important thing
[1:02:03] to have and I'll address that in a moment.
[1:02:06] But our decision tonight is whether or not
[1:02:11] with the cameras that the school district have,
[1:02:15] whether in circumstances that I think Mr. Pagone mentioned
[1:02:18] are limited and maybe we don't have it all right,
[1:02:21] but I think we've got a lot there
[1:02:23] that the police can access that,
[1:02:25] whether it's an active shooter situation or subsequent investigation, this simply allows the
[1:02:32] train law enforcement to deal with those.
[1:02:36] So I realize and I recognize the concerns of this foster mentioned, a future to U.S.
[1:02:42] the apparent, that's me coming too.
[1:02:45] The concerns that the parents have that kids would have, but those cameras are there.
[1:02:50] So we're not making that decision the decision denied is making is allowing a situation whereby the trained bond forcement folks can have access when it's necessary
[1:03:00] So I just wanted to point that out the second thing I wanted to raise is I also agree with who said this
[1:03:08] Lena
[1:03:08] Says that you know more police did not necessarily mean safe for schools and I know that I know an art police department art has
[1:03:18] tries to find ways to ensure safety without a police presence to make sure that it is not a situation where kids, or when it's not in schools out in the world, you know, do not feel like they're inundated by a police where it's not necessary.
[1:03:36] So I agree with that, but I do think that's the philosophy.
[1:03:40] The third thing is, I do understand the comments that have been made that relate this
[1:03:46] to the flock camera issues and the ice issues that have been brought up.
[1:03:51] And I'll just say a couple of things about that briefly.
[1:03:54] One is, again, the school district has these cameras, has this technology.
[1:04:01] And I think, you know, the concerns are valid, but I think folks would understand having
[1:04:07] these at schools and the concerns that the school district have, the parents might
[1:04:11] have, that are different than us as adults out in the world might have as the flawed cameras.
[1:04:17] The second is I know that our police department is committed to following California law,
[1:04:26] which prohibits sharing resources and information with ICE for immigration enforcement.
[1:04:31] And I know that the school district is committed to following California a lot of
[1:04:36] make sure that there's not sharing of information for immigration enforcement.
[1:04:40] The incident that this Berges mentioned behind us in high school with ICE a month or
[1:04:47] two back now, one of the biggest concerns of the school board members was the school safety
[1:04:53] and how to respond in the event of further ICE activity and making sure that the kids
[1:04:58] we're not being the same.
[1:05:00] Injective immigration enforcement. So I will mention flock briefly later, but I share a lot of the concerns
[1:05:08] that we raised about flock, and I understand the concerns that are here about this. But these
[1:05:13] cameras are there. They're going to be employed by the school district. I do think it makes
[1:05:18] the most sense to make sure that if they're being used, they're being employed to make sure that
[1:05:24] we have it in the hands of our public safety professionals to make sure that we can use them
[1:05:28] I appreciate the comments on making sure their safeguards are trying to take notes.
[1:05:32] I'm probably going to follow up with you more later to make sure that some of these ideas
[1:05:36] that we can implement them, but I do think that it's important that on this.
[1:05:40] And I think that's different than the other things that folks are talking about.
[1:05:42] But I think this MOU does make sense.
[1:05:45] So thank you, Mayor.
[1:05:46] That's me, Y'all.
[1:05:48] All right.
[1:05:49] I'll keep my comments brief and really focused on the questions tonight that were for item A and Council
[1:05:56] number think is correct. These are not our cameras, these belong to TSD. This is just giving
[1:06:01] us access. And in 2025, there was over 200 school shootings the year before that over 300.
[1:06:07] This is the reality we live in. I have small children that are in our local elementary schools
[1:06:11] and they have to practice active shooter training. I didn't do that when I was again. That's
[1:06:16] the reality today. And if we're putting our kids through that and we're teaching them that every
[1:06:20] minute matters, we better be doing our part to keep our kids safe. And to me, this is extremely
[1:06:25] important because every minute matters and what this MOU does is it gives access to the police
[1:06:29] to respond quickly, efficiently, and safely for everyone.
[1:06:33] And so I adamantly approve this item today.
[1:06:37] Council Member Nielsen.
[1:06:38] Thank you, Mr. Mayor.
[1:06:41] I'm not going to go over the ground that everybody else has talked about.
[1:06:43] I'm just going to say that I thank TUSD for having a cooperative attitude and looking to
[1:06:52] trying to make things safer for our kids in schools.
[1:06:56] And I think that is a first step in hopefully in many other
[1:07:00] steps at the city and the school district can work together
[1:07:04] on to improve the education and safety of our students.
[1:07:09] Also, I want to thank the police department and Chief
[1:07:11] Theliz, thank you for putting this together.
[1:07:13] I know that reading through it, there's a ton of guard
[1:07:17] rails on this, so thank you for working through that.
[1:07:20] So, it's all I have Mr. Mayor.
[1:07:23] Thank you.
[1:07:24] I guess I'll reiterate some points that have already been made
[1:07:26] of a little different finer point on the constitutional issues.
[1:07:30] This is not a clear cut issue as far as the surveillance
[1:07:33] government surveillance of our society and where that's going.
[1:07:37] It's not the vote that we're taking tonight to count some
[1:07:39] member things point, but cameras in the public right of way.
[1:07:43] I suspect we'll be litigated and we'll go before the Supreme Court.
[1:07:46] This is a real issue.
[1:07:48] And to those who say that there are cameras everywhere, that's true, but the Constitution prohibits government from invading privacy and where a private company doesn't have those prohibitions necessarily under federal law. So it's not easy.
[1:08:04] And I think what we're trying to communicate tonight to our communities that we're listening to the concerns, we have similar concerns, right? I don't want folks looking at my kids in school if it's not necessary, but in the event of an emergency.
[1:08:16] I absolutely want the police to be able to see what's going on inside that school and be able to respond appropriately.
[1:08:21] So I also support it in Madam City Clerk.
[1:08:25] Please call the roll.
[1:08:27] Councilmember Nielsen?
[1:08:29] Yes.
[1:08:29] Councilmember Fink?
[1:08:31] Aye.
[1:08:31] Councilmember Gallagher?
[1:08:32] Aye.
[1:08:33] Mayor Protenschnell?
[1:08:35] Mayor Lumbart?
[1:08:35] Aye.
[1:08:36] Motion passes five zero.
[1:08:37] Thank you.
[1:08:39] All right.
[1:08:40] Next is item number nine that was pulled by Councilmember Fink.
[1:08:43] Recommendation proposals to proceed to round two for the competitive offering for 44 acres of city on real property within neighborhoods d and e of the testing like a specific plan counts.
[1:08:55] Mayor, I just
[1:08:57] Thanks, I wanted to just briefly
[1:09:00] Make sure that we had decide them out in discussion. Obviously,
[1:09:04] It's a large chunk of property
[1:09:08] That we're
[1:09:13] I lost the word. I was going to use hurtling towards development, but hurtlings aren't the right word.
[1:09:17] But we're moving forward towards development of it.
[1:09:20] And I appreciate, I see Jeff from our broker,
[1:09:27] who spent a lot of time briefing folks yesterday.
[1:09:31] I wanted to say this about it.
[1:09:33] There was one concept that was proposed
[1:09:36] that I'm disappointed to make the final cut, which
[1:09:39] is I think it was like 500 square feet of office space
[1:09:42] and these over this really impressive, almost iconic office entrance along Broadway, but
[1:09:51] Ranka that would have been an impressive entrance and an impressive addition to the city.
[1:09:58] And I spent a lot of time with our broke.
[1:10:00] Members and Deputy City Manager Brian Monkgriff. And I'll say you mentioned others about that. And they sort
[1:10:11] of convinced me that that project had enough holes in its funding and it's set up to make it
[1:10:21] not necessarily the right developer. But as we go forward, I want us to think about the
[1:10:29] concept there because there's a couple that do are really big office sort of landmark buildings
[1:10:36] with developers that maybe have their pieces a little bit together. And the point that sort
[1:10:40] of came up on this was how much do we want to get this done now. That idea might take longer.
[1:10:52] And the thing that convinced me is that idea might take infinite, right? It might not happen.
[1:10:58] And as I said, and I wanted to share with the Council as we go forward, if it's something
[1:11:03] that's sort of iconic and something that's sort of a landmark, you know, I know that
[1:11:08] we are all very committed to getting stuff done at the legs, quickly.
[1:11:12] But if it took a couple of extra years to do something that's really unique and special down
[1:11:16] there, we should be willing to take that time.
[1:11:21] We don't want to wait forever.
[1:11:23] And so they convince me of that.
[1:11:24] but as we go back and do the next steps, I encourage our brokers, our staff, our ad hoc committee,
[1:11:31] encourage the bidders as they come in with their second phase that we're improving now
[1:11:34] to really look at something that's really sort of a landmark like that.
[1:11:41] So I want to just ask that they do that as they come back.
[1:11:46] Mr. Mayor.
[1:11:46] Yeah.
[1:11:46] Councilmember Eels, Senator.
[1:11:48] Yeah.
[1:11:49] Thank you, Mr. Mayor.
[1:11:51] First of all, I want to thank the ad hoc for all the work they did on this.
[1:11:54] I know that going through each of the proposals and how many proposals there were and
[1:12:00] comparing them all, along with our real estate folks,
[1:12:07] it's a heavy lift.
[1:12:09] So thank you very much for doing that, first of all.
[1:12:12] Second of all, Council Member Fake mentioned time frame, certainly on the Council earlier
[1:12:19] and most of you, well, definitely all of you.
[1:12:25] We had development at one development site per year basically, very, very slow.
[1:12:32] And what happened to us was that the city or the state society to get involved and put on more regulation.
[1:12:41] And that's going to continue because the state wants to push their priorities versus,
[1:12:47] services with customs priorities are. So the longer we wait to do development, the longer we are at risk for Sacramento doing centralized planning and I don't think that's good for anyone in testing.
[1:13:00] But we do want to be careful certainly. I think that's a valid point and I think that the ad hoc committee has done a superb job of doing that.
[1:13:08] Thank you, Mr. Ratz.
[1:13:12] Thank you, Councilmember Nielsen.
[1:13:15] I want to extend my gratitude to the staff as well and our broker.
[1:13:19] This was a lot of work.
[1:13:21] And I think that really says something.
[1:13:23] In my time on council and I think you probably agree,
[1:13:26] this is the most robust turnout I think we've ever seen.
[1:13:30] The amount of the level of response we are getting from the building and
[1:13:34] development community is astounding.
[1:13:37] And we'll put those words in the broker's mouth.
[1:13:39] but it's a lot, and these are all top-notch developers.
[1:13:43] I mean, national level, they are building iconic facilities all over the country.
[1:13:50] So I'm proud that our city manager has cultivated a team that is created the atmosphere
[1:13:56] where that's happening.
[1:13:58] I think that's clearly a reflection of the work that our team is doing to attract that
[1:14:03] type of investment from this level of player.
[1:14:05] And so with that said, it is a complicated process to balance all these land use needs,
[1:14:11] the market needs, and trying to time all this, I can tell you having been in this seat
[1:14:16] for a while.
[1:14:17] I've seen a lot of pretty pictures never happened, because the pretty pictures don't always
[1:14:20] pencil.
[1:14:21] And so you really do have to balance and scrutinize and dig in.
[1:14:25] I will say though, one of the, when you talk about iconic, we don't necessarily want to.
[1:14:30] And this is something that we've been talking about with the community through all of these interactions,
[1:14:34] is that we've laid out the framework plan.
[1:14:36] A lot of you might remember if you went there in the central part
[1:14:39] of the testing course where we're really focusing on creating
[1:14:41] some real iconic opportunities there to pay tribute to our military heritage,
[1:14:48] to create some civic centers, to do some really large parks.
[1:14:51] And so those iconic structures won't be everywhere because we have to balance
[1:14:55] the cost to be able to pay for those.
[1:14:57] And so we're always trying to find that balance.
[1:14:58] So, they're will...
[1:15:00] Maybe those iconic opportunities, they just won't be everywhere, and they will be consistent with
[1:15:04] what we have been communicating with the public and what we've been hearing in response.
[1:15:08] So I just want to make those comments from the ad hoc.
[1:15:10] I appreciate that, and I appreciate what everybody said.
[1:15:13] I agree that there are opportunities, though, as we move forward in this process, to incorporate
[1:15:19] some feedback of, hey, let's, if we've got a real cool concept, let's see if it can
[1:15:23] work out.
[1:15:24] I know which one you're talking about, and I look, it looked interesting.
[1:15:27] Could I just say I don't think I used the word iconic, but I'm glad that you did because that's the word
[1:15:31] I meant so thank you for the right word. Yeah, that is the word
[1:15:34] That's exactly what we're gonna hurt all towards the votes
[1:15:36] And that I'm sitting clear. Can you take the vote, please?
[1:15:45] Councilmember Nielsen. Yes.
[1:15:48] Councilmember Fink. I
[1:15:50] Councilmember Gallagher. Hi. Mayor Pro Tempest now. Hi. Mayor Lumberd. Hi. Motion passes Pfizer up. Thank you.
[1:15:58] I don't remember Chen was pulled by Councilmember Fink and it's the first reading
[1:16:01] ordinance 158 to a many testing city code chapter four section one four one five powers and duties generally counts
[1:16:07] my think.
[1:16:11] Thank you Mayor. Yeah, I wanted to talk about this and I look I appreciate that staff is
[1:16:18] brought this forward to try to sort of clean up or city code get some consistency with it and I think that's
[1:16:27] important, but as we're going through it, I realized that perhaps that consistency may take
[1:16:34] us, positively, in the wrong direction and suggest that we might want to change the course
[1:16:39] about this.
[1:16:40] So, what it is is just for the public, it's cleaning up the code so that it talks about how the
[1:16:45] city manager would appoint the city clerk and the city treasurer and the city clerk issue
[1:16:51] sort of taking care of, I don't know, it doesn't years ago or so, the city treasurer is
[1:16:56] an issue that sort of, I guess was done as to the specific treasurer with a resolution
[1:17:02] at one point.
[1:17:04] So my point is this, I think that perhaps we might be going in the wrong direction and suggest
[1:17:11] that we go the other way.
[1:17:15] And all those of this item came up, what sort of triggered my mind about it was something that
[1:17:19] happened in Huntington Beach recently, and I am not one who usually uses the City of Huntington
[1:17:24] Beach as a standard bearer for best practices, but as they were coming up with something,
[1:17:29] they have a separately elected treasurer who is also the current treasurer who was appointed,
[1:17:34] but they have a separately elected treasurer, and there was a matter being discussed, and
[1:17:38] the treasurer said to the City Council, I believe if you do this in five years, the city
[1:17:44] will file chapter 9 bankruptcy.
[1:17:46] Now, I have no idea if that's an accurate statement if it's the right analysis, but what
[1:17:52] it showed to me was that it is a separate independent voice giving feedback to the city
[1:18:01] council about how the city government ought to be on the function and it is a separate
[1:18:09] piece of oversight.
[1:18:11] So right now as we sort of have it and as we're going forward with these code amendments,
[1:18:15] We create a single point with the city manager appointing the city clerk, appointing the city
[1:18:22] treasurer, instead of having some other checks, and I think Council Member Gallagher
[1:18:27] was sort of praising our current city manager and a team that's assembled and moving forward.
[1:18:34] And in some ways the most dangerous time to make changes like this to address is when things
[1:18:39] good because you assume that there's always going to be an effective system, right?
[1:18:46] So this is not at all about our current city manager's staff, in fact, it's the opposite.
[1:18:51] In some ways, as we're going forward, well, it seems like we can do this as opposed to
[1:18:58] saying, wait a second, it's a good idea to have a couple of city staffers who's job is
[1:19:03] dependent on the city council solely and not solely on the city manager.
[1:19:06] So in case there is a problem, there is a separate check.
[1:19:09] Now, as a practical matter, a lot of times, especially when things are going well, as they are,
[1:19:14] we won't have those issues.
[1:19:16] But as we set this up, I think it's an issue.
[1:19:18] So I actually would suggest that we send this back and sort of go back to having the council
[1:19:25] appoint directly the city manager rather than amend the code to go the other way.
[1:19:32] So being around when actually the elected city clerk was changed to being an appointed city clerk, I think I was in 2015 if I remember right, one of the arguments there and also we'll talk about treasurer in just a second, but for the city clerk, it was becoming political, little more political and needs to be, and creating.
[1:19:58] and issue.
[1:20:00] And so, that was changed. So, the treasurer, unfortunately, Mr. Jeffrey's past away, who was the independent treasurer at the time, and then it was appointed to the finance director.
[1:20:13] To be honest, I had thought that city manager in the New Year's Eve here already had that authority, but to kind of talk a little bit about council member thanks points.
[1:20:26] I think it's good to investigate these things, I think it's good to look through them.
[1:20:32] But I think we are the check on the city manager, our council is, so we take care of the
[1:20:42] city manager, meaning we hire them, we hopefully never do fire them, and we work with them.
[1:20:49] And we're the check on the appointed city clerk or for any of the directors in our city.
[1:20:54] So, I think that's enough of a check for me.
[1:21:01] I applaud the fact that Council Member Fank is looking at other checks, but I think it's probably more redundant than necessary.
[1:21:10] Thank you, Mr. Rick.
[1:21:11] Thank you, Mr. McGuller.
[1:21:15] So, it's an exhausted way to say that.
[1:21:18] I had a big long ago.
[1:21:20] So, Huntington Beach, I believe their treasurer's elected.
[1:21:24] And that comes with the whole other host of issues.
[1:21:28] One of the things that's so amazing about Tassen is that it's just not very political.
[1:21:33] It's focused on what's the best thing for the community and the politics just really stop at the door.
[1:21:39] And I think that's what's really special about our community.
[1:21:42] And I'm just so leary of taking any steps that bring us closer to the councils appointing these different positions.
[1:21:49] But I do understand the concern about the, you know, having the checks and balances, I will
[1:21:57] save for the financials, which is really the most important one, and that's the example
[1:22:01] you gave, is that we do have a third party audit, I believe it's every year.
[1:22:06] And so we are having our financials audited, and I think to the Council Member Nielsen's point
[1:22:11] as well, that it's then on us as the, you know, fiduciary backstop to make sure that our city
[1:22:18] there's not to think of one by us.
[1:22:24] All right. I'll just say that I agree with the perspective of having more oversight.
[1:22:30] I also agree with the approach of funneling the authority in our oversight into one office
[1:22:36] and holding that person accountable for the operation.
[1:22:39] And I also want to raise that, you know, I see my role as a mayor and as a council person
[1:22:45] as a citizen relying on professional advice from professional staff members.
[1:22:49] And I think that's why we've gone where we have and in this instance or city attorney, also
[1:22:56] in Huntington Beach, where it's directly elected, I think you run into the risk of politicizing
[1:23:01] the offices.
[1:23:02] And I would prefer to maintain our oversight as a citizen body over professionals from
[1:23:07] my perspective.
[1:23:08] So.
[1:23:08] Can I just, you know, we'll clarify something about what I'm saying.
[1:23:12] I'm, and I appreciate what everyone's saying, and we may talk about this more later.
[1:23:16] But I'm not suggesting that any of these position can work to elected positions, and I agree with
[1:23:22] everybody about that. I'm just talking about appointments and how those work, so I just wanted
[1:23:26] to clarify. I'm not a driver of an elected city attorney like they have in Huntington Beach.
[1:23:31] Right, thank you. Madam City Clerk, roll call, please. Mr. Mayor.
[1:23:35] Yes, Mr. City Clerk.
[1:23:36] Yes, Mr. City Clerk. I'm a motion and second on that one, as well as the item number nine.
[1:23:40] But on this one for now.
[1:23:43] I don't understand.
[1:23:44] All make a motion.
[1:23:45] We have a second.
[1:23:46] Okay, Madam City Clerk, roll call, please.
[1:23:49] For item number nine.
[1:23:50] I'm sorry.
[1:23:51] We're doing 10 first.
[1:23:52] Council member Nielsen.
[1:23:54] Yes.
[1:23:55] Council member Fink.
[1:23:56] May.
[1:23:57] Council member Gallagher.
[1:23:59] Mayor Potempo.
[1:24:00] Aye.
[1:24:01] Mayor Lumber.
[1:24:02] Aye.
[1:24:03] Motion passes for one with council member Fink dissenting.
[1:24:07] All right.
[1:24:07] Let's pre open.
[1:24:08] I don't remember nine. I'll move staff recommendation to have a second. I'll make second.
[1:24:11] Okay, Madam City Clerk will call for. I don't remember nine again, please.
[1:24:15] Councilmember Nielsen. Yes. Councilmember Fink. Aye. Councilmember Gallagher. Aye.
[1:24:20] Mayor Protem's now. Aye. Mayor Lumberd. David, if you are elected, you probably wouldn't have got that.
[1:24:26] Thank you. Aye. Aye. Motion passes five zero.
[1:24:31] Credit goes to the clerk. Right. Next we'll move to the public hearing portion of our agenda.
[1:24:36] we have one item tonight, which is the Development Agreement
[1:24:38] and Tended Departual Maps subdivision conditional use permit design review
[1:24:41] and density bonus requests for the clear water
[1:24:43] at test and legacy senior living project.
[1:24:45] I'm going to open the public hearing
[1:24:47] and bring senior planner Jorge Maldonato to the podium.
[1:24:53] Representation.
[1:24:54] Good evening, Mr. Mayor.
[1:24:55] Thank you for the introduction, Council members.
[1:24:58] Let's go ahead and dive right into the project.
[1:25:03] Before you tonight, we have an application from Confluent Development, who is proposing to build a senior living community on an approximately six acre city owned parcel in the Tusson Legacy area. The project is named Clearwater at Tusson Legacy.
[1:25:18] The project includes two separate buildings with distinct uses and purposes.
[1:25:25] Building one is a five story structure and is composed of 172 apartments for active seniors.
[1:25:32] 26 of these units would be income restricted for lower income households.
[1:25:37] Building two is two stories and is an assisted living in memory care facility with 103 rooms with a capacity for 134 beds.
[1:25:46] both buildings include first floor parking garages.
[1:25:50] The project includes a variety of entitlement applications
[1:25:53] as shown at the top of the slide.
[1:25:59] The project site is at the corner of Warner Avenue
[1:26:02] and Armstrong Avenue and is identified in red
[1:26:05] in the slide before you.
[1:26:07] Again, this is an approximately six acre city owned parcel
[1:26:10] and it is currently vacant.
[1:26:13] It is bounded by veterans' way to the east
[1:26:17] as well as John Johnson way to the south, across which will be the future Tussle Legacy Park
[1:26:24] extension, and the landing neighborhood is beyond that even further south.
[1:26:32] Building one or the
[1:26:34] active adult building sits on the left or west side of the site plane here, building two or
[1:26:40] the assisted living facility is on the right. Main entry is taken from the south, from John Johnson
[1:26:47] way, which feeds a central roundabout that serves passenger loading and drop off, as well as
[1:26:53] both buildings parking structures. A secondary driveway is located on veteran's way to
[1:26:58] the right or the east, and serves the assisted living facility directly. The project includes
[1:27:06] a subdivision to split the site into two parcels for conveyance purposes only, and is represented
[1:27:13] the the law lines represented by the dash red line at the center of the site plan.
[1:27:19] The project also includes a variety of public improvements such as the construction and installation
[1:27:23] of sidewalks, parkway landscaping, and more as described in the development agreement.
[1:27:32] Here are select elevations from the plan set. On the left is building one, the active adult building.
[1:27:38] Again, it is five stories and about 71 feet tall. It's tall at its tallest point.
[1:27:43] And this building is located right at the intersection of Warner and Armstrong.
[1:27:49] On the right is building to the care facility.
[1:27:52] It is two stories and stands a little more than 35 feet tall at its tallest point.
[1:27:58] Both buildings are proposed in an earthy, muted color palette with accent materials including things such as hearty board sighting, plaster and various textures and limestone.
[1:28:08] The
[1:28:13] project includes a density bonus request for building one, the active adult community.
[1:28:18] Because 26 units are being reserved for lower income households, the applicant is entitled to a 38.75% density bonus,
[1:28:27] bringing the total number of allowable residential units up to 173.
[1:28:34] The applicant proposes to develop only 172 of those units.
[1:28:38] The density bonus request includes one incentive request and development standard waivers as described in the report.
[1:28:50] This planning area within the Tusson Legacy Specific Plan allows assisted living facilities,
[1:28:55] subject to obtaining a conditional use permit or CUP.
[1:29:00] Assisted living facilities serve seniors who need help with activities of daily living,
[1:29:04] such as bathing, dressing, meals and medication management.
[1:29:09] MemoryCare is a subset of assisted living and would be provided in a separate secure wing with
[1:29:16] specifically trained staff for residents with Alzheimer's or other forms of dementia.
[1:29:22] The proposed facility includes 103 rooms with capacity for 134 beds for assisted living residents.
[1:29:31] The facility would be licensed and regulated by the California Department of Social Services
[1:29:36] and includes high-quality amenities for its residents, including more than 18,000 square feet
[1:29:42] of a secured interior courtyard and other amenities such as an onsite salon, a communal dining room, and more.
[1:29:56] As it relates to Siqua and Environmental Review, and a Dendum was
[1:30:00] This was prepared for this project. The Addendum evaluated this project against the most recent supplemental
[1:30:06] environmental impact report or EIR adopted in late 2024 from when the city added residential capacity to
[1:30:14] the legacy area to comply with arena requirement. The Addendum concludes that the project is within the scope
[1:30:20] of development already analyzed by that previous supplemental EIR and that there would be no new significant
[1:30:26] effects. Therefore, no additional environmental reviews such as a new supplemental EAR is required.
[1:30:33] All mitigation measures applicable to this project are carried forward into the conditions of approval.
[1:30:42] On August 11, the Planning Commission adopted Resolution 4553,
[1:30:48] finding the sale of city owned land for the development of this project to be in
[1:30:52] conformance with the general plan, as well as Resolution 4554 recommending that the city council
[1:31:00] adopt the SQL Addendum and approve the project.
[1:31:06] Therefore, tonight staff recommends the city council
[1:31:08] take two actions. One to adopt resolution 26-43 adopting the SQL Addendum and approve the project,
[1:31:16] and two introducing and conducting first reading by title only of ordinance 1580 for the
[1:31:22] development agreement, which sets the terms and public benefits for building on and selling the
[1:31:27] on site.
[1:31:32] That concludes my presentation, and I am happy to take any questions.
[1:31:36] Thank you. This is a public hearing, so we're going to receive public input, but do we have any questions for staff before that?
[1:31:43] No. Okay. We may call you back up here in a second. Thank you for the presentation.
[1:31:48] And actually, a public input for this item, if any members of the public wish to address the council, please submit a request to speak for them.
[1:31:53] And if you're participating through Zoom, please raise your hand.
[1:31:55] Adam City Clerk, any requests to speak?
[1:31:58] No, Mr. Mayor.
[1:31:59] Anybody in the room?
[1:32:01] Okay, we'll close public input, and I'm going to note for the record that we did receive two
[1:32:06] e-commerce for this item, one was from Gabriel Groen and the other from the Kennedy Commission,
[1:32:10] and these comments were distributed to the City Council and made available to the public on
[1:32:13] the City's website. With that, I'm going to close the public hearing. Bring it back to Council for
[1:32:18] questions, comments, or discussion. Anybody want to start?
[1:32:22] I don't
[1:32:26] think we've already got them all answered.
[1:32:33] It's exciting to be here today and have the opportunity to vote on this project.
[1:32:37] It's something that we have been working on for a long time.
[1:32:40] I don't want to guess how many years it's been.
[1:32:43] And I know the project almost didn't happen and it ultimately pulled through.
[1:32:47] And I'm proud of what was presented today and what a resource is going to be for the community
[1:32:53] and its residents and I think it's a great project and it's needed, these types of facilities
[1:32:59] are in high demand and this is going to be one that's beautifully done and is going to be
[1:33:05] in a very central location. So I don't have any concerns with the project and just want to
[1:33:09] think the team for, I know you guys had to make some changes and kept moving along but thank you
[1:33:14] for your continued commitment to the city. Thank you, Mayor Propton. Thank you.
[1:33:20] I will echo what Council Member Galleries.
[1:33:23] I'm very, very supportive of this project.
[1:33:25] I think we started talking about this four years ago.
[1:33:27] And I got on City Council.
[1:33:28] So it's been a while.
[1:33:30] But very glad to see that it's moving towards the successful conclusion.
[1:33:34] Hats off the staff.
[1:33:36] Again, there's been lots of twists and turns.
[1:33:38] But I'm glad that we're finally at a point
[1:33:39] where we can move this project forward.
[1:33:42] And I think it's two years until they open doors.
[1:33:45] So just to kind of pull back on the Hudson legacy,
[1:33:49] Council member Nielsen actually mentioned when he was on city council.
[1:33:52] They were maybe like disposing of one parcel every year.
[1:33:57] Just in the last few years alone, we've got 140 acres of land that's out.
[1:34:01] Either shovels may ground or out the disposition.
[1:34:04] And it really is a testament to the city council and also to staff.
[1:34:08] We've really pushed staff very hard to accelerate the pace of development in the
[1:34:18] generations to come. We're also, you know, very, very much folks. I'm building a very cohesive
[1:34:24] community out in the Tuston legacy. We have 450 acres of land, which is the blessing to
[1:34:29] you to build out. And we're building it out in a very thoughtful, prescriptive way to serve the
[1:34:35] needs of a growing community, but also an aging community. And when you look across those 140 acres
[1:34:42] of land that are out for disposition or being built, there's all sorts of housing stock and we
[1:34:47] we've got apartments we have senior housing we've got affordable housing so again very
[1:34:54] very proud of the work that the ad hoc has done it's you're kind of getting a drink through
[1:34:59] a fire hose and then
[1:35:00] I'm putting that fire hose on staff, but again, very supportive, I think it's the right project at the right time, and like I said, I definitely approve it.
[1:35:09] Thank you. Council Member Wilson.
[1:35:12] Thank you, Mr. Mayor.
[1:35:13] I just wanted to give Kudos to the Planning Commission, who very seldom is mentioned from our
[1:35:19] days, and I just want to thank the commissioners for going through this project in depth, and
[1:35:25] I learned a lot by reading the minutes and also seeing the video on the questions that they
[1:35:31] asked.
[1:35:32] I want to thank the client commission members for thoughtfully addressing that, so thank
[1:35:37] them very much.
[1:35:38] I always like to see senior projects in testing some of senior and works out really well.
[1:35:45] But something I'd like to see, which would be nice is maybe looking at a little more integration
[1:35:53] and between some of the senior projects we have in town already, and this one, to integrate a little more with the Tuscent Senior Center.
[1:36:01] I think doing that and creating more of a synergy there, I think is very important.
[1:36:08] That's what I have on this one. Thank you, Mr. Mayor.
[1:36:14] Thank you.
[1:36:15] I wanted to ask two questions based on the written comments that we've received.
[1:36:21] And so the first one is about the letter from the Kennedy Commission.
[1:36:26] First of all, I think there's an air in what they said they said there's a...
[1:36:31] I should look at it.
[1:36:34] But there's a hundred...
[1:36:40] 103 in the memory assisted care living and there's only 75.
[1:36:43] Is that right?
[1:36:49] As it relates to the project, there are...
[1:36:53] It's a look, there's a difference between the residential units that are provided in building one,
[1:36:58] which are the active adult component versus the assisted living facility,
[1:37:04] which is seen as an institutional use rather than a residential use.
[1:37:09] So what the Kennedy Commission is referring to in their letter,
[1:37:12] just does not apply to the institutional component of this project.
[1:37:16] So you're jumping ahead and partly answering what was going to be my second question,
[1:37:19] which is good.
[1:37:20] But just as a fact matter, they say there's 103 in the institutional, the memory care
[1:37:25] where it's 75 in the memory care, if I'm right from the presentation here, right?
[1:37:30] They just have the numbers wrong.
[1:37:33] I'm not familiar or I'm not specifically recalling the numbers that were written in the Kennedy
[1:37:38] Commission's letter, but your numbers are correct.
[1:37:40] Okay.
[1:37:41] So there's 75.
[1:37:42] They put 103.
[1:37:44] So I just wanted to let them know.
[1:37:46] They had that all just the facts a little bit wrong.
[1:37:49] And the second point is what you were answering, which I appreciate, because it was exactly
[1:37:53] what I was getting to next, which is that surplus land act requirement for 15 percent applies
[1:38:00] only to the as active living project and not the other project for the assisted care, correct?
[1:38:08] Okay. And I appreciate, I'll just make this comment and then go to my second set of questions,
[1:38:14] which might be of the developer.
[1:38:16] But I appreciate the committee commissions concern about that, making sure that A, we're
[1:38:23] living up to the SLA requirements, and B, making sure that we're trying to get as much affordable
[1:38:29] for both sides for the entire project, it ends up being 15% for the side that the SLA applies
[1:38:35] to 10% overall, which is still okay, and I also know that the twists and turns, let's
[1:38:41] that this project's been through to get this and the alternatives would, you know, are likely not to have this.
[1:38:47] So I appreciate their perspective, but I do think that getting to this point is important.
[1:38:51] The second question I have, and it's just based on this comment from this written comment,
[1:38:59] and it's really just a suggestion,
[1:39:04] and I don't even know if any, if it would, I don't think that it would need to be changed, anything needs to be changed to this.
[1:39:11] the comments are suggested raising the crossings to the, I guess, to the sidewalk in the sort of mid-block area.
[1:39:21] And is that something that the developer can do with these entitlements as it is?
[1:39:27] I mean, that seems to me to be a minor thing that they could do if they think it ends up being a good idea.
[1:39:33] connectivity is absolutely important and look that during the design process for these kinds
[1:39:38] of entitlement projects and the conditions actually for this project allow that conversation
[1:39:46] to occur if the developers so chose to install mid-block crossing but as of right now
[1:39:52] Now, the correct design does not incorporate a midblock crossing.
[1:40:00] Usually, as it is in government regulations, there needs to be a line in the sand somewhere where we start talking about whether something is necessary or not.
[1:40:11] And the fact of matter is that John Johnson way, along this stretch of the project, does not necessitate a midblock crossing given its low traffic volumes, its low speeds.
[1:40:23] there's access to crosswalks at either end of John Johnson
[1:40:27] at Veterans Way and Armstrong.
[1:40:29] So it was a conversation and the option is there,
[1:40:33] but not part of this design.
[1:40:36] And that's all I'd ask for.
[1:40:38] I have no idea.
[1:40:39] It seems written from the commenter game grown,
[1:40:42] who I know seems like it might be a good idea.
[1:40:45] Always good ideas to always get to solicit ideas
[1:40:48] from folks.
[1:40:49] It may work, it may not work.
[1:40:50] just to ask that, this comment, make sure we pass that on to the developer, that they might
[1:40:54] think it's an easy improvement and switch to make, but I wouldn't add any condition or
[1:41:01] want to change anything about that. I just thought it was an interesting comment that is always
[1:41:05] good to get a little bit more information. I'll just second all the thoughts that have been
[1:41:14] passed about this project. It's really good to have a senior project where I'll
[1:41:19] need that, we'll probably need a lot more of that space, so I'm a bit sooner than later.
[1:41:26] But I appreciate that it's moving forward, and thanks for the work on this.
[1:41:32] Thank you.
[1:41:33] And I think the point that you're making is maybe a more general one, both for our staff and for the applicant here.
[1:41:40] Future partners is we want to make sure we're activating our linear park, and that folks can get from where they live to where they can play.
[1:41:46] And if there's an easy fix to make that easier and safer, let's do that.
[1:41:52] But with that I will move staff recommendation. Do I have a second?
[1:41:56] I'll make a second. Motion then a second. Madam City Clerk, roll call please.
[1:42:02] Councilmember Nielsen? Yes. Councilmember Feing? Aye. Councilmember Galvin? Aye.
[1:42:07] Mayor Pro-Temshell? Aye. Mayor Lumbard? Aye. Motion passes five zero.
[1:42:12] Thank you.
[1:42:14] We will now move on to other business, Mr. City Manager.
[1:42:17] Do you have a report tonight?
[1:42:18] Thank you, Mayor.
[1:42:19] I do have a couple of dates.
[1:42:21] I want to let everybody know about the Test and Police Department's
[1:42:23] TIPACOP event.
[1:42:25] It's occurring on September 10th from 5 p.m.
[1:42:27] to 9 p.m.
[1:42:28] at the Red Robin restaurant at the district.
[1:42:30] This event is done in partnership between our officers
[1:42:32] and the special Olympic athletes who will be joining servers
[1:42:35] to help raise funds for the special Olympics 7 California.
[1:42:39] Best of all, 20% of the evening sales will be donated directly to the special Olympics
[1:42:44] of Southern California.
[1:42:46] Also, we talked about some financing items and budget.
[1:42:50] I'm really proud to announce that our finance team has yet again for the 39th consecutive
[1:42:54] year received the certificate of achievement and for excellence in financial reporting from
[1:42:59] the government finance officer's association.
[1:43:02] So congratulations to the entire finance team, and a big thank you to our City Council and
[1:43:07] all the city departments that contribute to the success of creating and reporting those financial
[1:43:12] matters.
[1:43:13] That concludes my tip.
[1:43:14] Thank you.
[1:43:15] Mr. City Attorney.
[1:43:15] You have a report tonight.
[1:43:16] No further report this evening.
[1:43:18] Okay.
[1:43:18] We'll move it back to the Council for our report.
[1:43:20] Council, Robert Nielsen.
[1:43:22] Thank you, Mr. Mayor.
[1:43:23] Just a few things for this evening.
[1:43:28] Kind of going back because of our last meeting was a little everybody was running to the in-air
[1:43:33] breaker truck.
[1:43:34] So we, I'm trying to keep my comments very brief because people were hungry and drooling.
[1:43:41] So on August the 13th, I had the privilege of attending the joint meeting of the Board of
[1:43:49] Directors for the Transportation Court of Regency in the stat of our Mayor Pro Temp and a
[1:43:57] couple of items that we covered.
[1:43:59] We designated labor negotiators.
[1:44:02] We had a quarterly procurement report for fourth quarter
[1:44:07] for fiscal year 26.
[1:44:10] We also had fiscal year 26 strategic plan in the status
[1:44:14] and how things were going on that.
[1:44:17] And annual investment portfolio review and an update
[1:44:21] on the 2.4191 Express Connector Construction bid phase update.
[1:44:26] So we did cover quite a bit in our meeting, and I won't go over in the details, but it was
[1:44:34] quite productive.
[1:44:36] And then just after that, amazingly enough, I had lunch with our steam Mayor Protown.
[1:44:43] I don't know how that worked.
[1:44:44] I went to a meeting forum on one day.
[1:44:46] I loved it.
[1:44:47] That's it.
[1:44:48] Anyway, we had a great lunch.
[1:44:50] It was good.
[1:44:51] And he was coming back from out of town.
[1:44:52] So it was good.
[1:44:53] We caught up on TCI.
[1:44:55] So, um, and then, uh, I'll just 25th along with.
[1:45:00] So many of my colleagues attended the dedication and reopening of Camino Real Park and the
[1:45:07] stage structure, which is absolutely awesome, and a new playground, which is just as awesome.
[1:45:14] So if you have a chance to go over there and check it out, if you have kids or grandkids,
[1:45:18] take them over there, have them climb all over that stuff, because it is very cool. So that was
[1:45:23] a lot of fun. So also I just wanted to mention that we have in future events.
[1:45:29] this is not a city event, but for 9-11, the 25th year remembrance, Angie Kardashian who has
[1:45:39] dedicated a lot of her life to serving those first responders for 9-11 when she went back to
[1:45:47] New York on her own dime and spent a couple of years cooking and taking care a lot of the firehouses
[1:45:54] and first responders will be speaking at the Sanana Elxlage on September 9th at 3 p.m.
[1:46:02] And if you wish to RSVP to that event, please call the Sanana Elxc Club and I'm sure
[1:46:07] they'll be able to help you.
[1:46:09] So anyway, I look forward to that event.
[1:46:12] So in congratulations to our Finance Department again, you know, it's like kind of like
[1:46:17] the Patriots and Football, you continually win super balls, right?
[1:46:21] continually, get excellence in financial reporting,
[1:46:24] so congratulations to them.
[1:46:26] It's all I have for this evening, Mr. Mayor.
[1:46:28] Thank you, Mr. Mayor.
[1:46:29] Thank you, Mr.
[1:46:33] Mayor.
[1:46:33] Thank you, Mayor.
[1:46:34] It's like the Dodgers of the government finance role
[1:46:38] when I back to back.
[1:46:42] So just a few notes.
[1:46:46] I attended the Miss Test and Scholarship Competition
[1:46:51] on Saturday the 22nd and congratulations
[1:46:53] to Miss Tuston 2022 Samantha Arroyo, who was on the Miss Tuston Court this last year, she'll be joined
[1:47:00] on her court by Melody Brown and excuse me, Melody Shaw Vez and Veronica Chapman and Melody
[1:47:13] Shaw Vez had her first duty three days later at the Camino Real Park opening, which I attended
[1:47:18] along with all the other council members and it is an excellent park. So congratulations and thanks
[1:47:22] to the Parks and Recreation Department
[1:47:25] and the Public Works Department for getting that done
[1:47:29] and open up.
[1:47:32] I attended the on the 26th, the Cal City's O.C.
[1:47:36] Division Board meeting, elected the new board
[1:47:39] said goodbye to outgoing board president David Penelosa
[1:47:46] and heard from Congressmen Derek Tran
[1:47:50] as well as Darrell Johnson of the OCTA.
[1:47:55] Attended the Sunset Market two weeks ago,
[1:47:58] our last one was coming up later in this month,
[1:48:01] and thanks as always to Parks, police,
[1:48:05] public works, who all puts that on.
[1:48:10] I attended on last Friday, the Grand Opening,
[1:48:14] the formal Grand Opening of Western State School of Law
[1:48:17] at their, at their testing campus.
[1:48:18] We're now one of approximately 150 cities in the United States to have an ABA approved law school.
[1:48:28] And so it's a great asset.
[1:48:31] Western States the oldest law school in the county and has produced judges, lawyers, and business and political leaders for decades now.
[1:48:40] And it has a fantastic new facility in Tuston.
[1:48:43] And I hope that we can make use of that resource there.
[1:48:50] I know they will make use of the resources in testing.
[1:48:53] And this morning, we got to the testing coffee club.
[1:48:56] The re-agnited version of that.
[1:49:00] It's meeting the first Tuesday of the month of Ratt Storico,
[1:49:04] and the continuation of the club that it started in 1940 or so.
[1:49:09] And it's just a bunch of folks who were talking about the community,
[1:49:11] and various things going on and having some coffee or iced tea if it's weather like this.
[1:49:21] I also, I've heard what the folks here who've been talking about the flock cameras.
[1:49:28] I'm continuing to look at that.
[1:49:30] I think we're going to have to grapple with that issue.
[1:49:34] And here about it on the national news and in the radio all the time.
[1:49:41] So, Dustin's going to have to see what that's what we're going to do about that.
[1:49:48] And I know our police have trying to put those guardrails around that and addressing the entire
[1:49:56] This is something that is bigger than just Austin, but some
[1:50:00] You know, the entire sort of surveillance issue. But it's something that we're going to have to deal with in
[1:50:04] Austin. And so I look forward to talking with you about that more. And I think bringing that discussion here at some point soon.
[1:50:11] The last point I wanted to make is I had discussion. There's a constituent who's had a real problem getting parking permits. And it has, I've been tried to get a parking permit and step through that program. And it's a, it's a tough program.
[1:50:25] It's sort of as user unfriendly.
[1:50:28] And it's something I'd like to bring to the council
[1:50:30] because there's a second point of parking permits
[1:50:33] that has come up as we're building these new developments
[1:50:38] and the legacy over on Cyprus Grove
[1:50:42] and at the end of the center and on Red Hill
[1:50:45] people have come to us consistently concerned about parking.
[1:50:49] And I've said one of the ways that we address this
[1:50:52] as a city is creating parking permit zones and one of the things that I think I'd like
[1:51:00] to see us address at a policy level and to change our policy or tweak really our policy
[1:51:08] is ensuring that if we are proving these new developments that folks in those developments
[1:51:17] that we've certified as sufficiently parked won't be getting parking permits on the streets for
[1:51:24] the folks that already exist. So I'd like to bring that back to the council, and I'd like
[1:51:28] to bring to the council this issue of just sort of simplifying the parking permit application.
[1:51:33] And so I'm going to circulate a council member item request just to bring that back. It requires a
[1:51:40] second, and so I'm hoping that somebody else will sign on to that. I'm happy to write it out
[1:51:45] every once and that we can bring it back for consideration at the next council meeting or at a future council meeting and then ask staff to take whatever direction that might be appropriate from that, but so that we can have that discussion.
[1:51:58] So I'm hoping one of you will raise your hand and say, sure all second that we can discuss whether to put that on a future agenda.
[1:52:07] Hoping that one of you will even chime in now.
[1:52:13] I am, and the only way to do it because of the Brown Act is to ask everybody to do it.
[1:52:21] So hopefully you just, somebody can just raise their hand and I'll write it up in the
[1:52:25] fall of that process.
[1:52:26] But if you're on the second one, put your hand.
[1:52:29] Yeah, that's it.
[1:52:31] Thanks, Mayor.
[1:52:35] You want me to call you?
[1:52:37] South Lower Gallagher.
[1:52:38] All right.
[1:52:40] Keep this short.
[1:52:41] Tended also the Western State Grand Opening, a beautiful facility.
[1:52:44] They did a great job on that.
[1:52:46] Grand Opening.
[1:52:46] At OC San Board meeting on August 26, we were dark for our committees during the month of August.
[1:52:53] Major item was adjusting and finalizing the budget for the year.
[1:52:58] Attended the communal real park opening.
[1:53:02] It looked like the lot of kids were having fun.
[1:53:03] It looks like the park was for all ages as well.
[1:53:06] I saw Mayor Pro Tem, Schnell, riding that slide up and down.
[1:53:10] Kids were waiting really patiently.
[1:53:11] So I thought that was really neat.
[1:53:13] And then the Sunset Market attended that on August 20th.
[1:53:17] And I did want to give a shout out to Val for as he's an economic development.
[1:53:22] I was talking to a couple of testing residents that have been working trying to get a beer garden in Old Town,
[1:53:31] which, if anyone has attended a council meeting, they know that I'm a big advocate for breweries and related dispensaries.
[1:53:38] So I was happy to hear that VAL was working so closely with them, and this is something that
[1:53:45] our staff will do through the building permit process and community development process.
[1:53:52] And I just think that's really cool that we are partnering with our applicants to make sure
[1:53:57] that they understand how to navigate the process, because especially in unique opportunities
[1:54:01] like this, they can be complicated, and so I just wanted to extend my gratitude for helping
[1:54:07] see that through. And that's it. Thank you, Mayor Pro
[1:54:10] Tom. Thank you, just to clarify, Councilmember Gallagher, not
[1:54:16] the dispensaries, but distilleries or breweries, correct?
[1:54:20] Sorry, just want to make that clear. Okay, thank you.
[1:54:24] Thank you. Let the record reflect. Yes, okay. Thank you. So I heard
[1:54:28] Councilmember John Nielsen's up up his little portfolio. So I guess he wants me to go
[1:54:35] quickly. I'll be quick. So 825 and 10 in the dedication reopening of Camino Real Park. Again,
[1:54:42] amazing facility. I think kids will have a blast, parents will enjoy it. 9-1 attended the O.C.
[1:54:48] Cemetery District Board Meeting. The main focus is still on the gypsum gypsum Canyon Cemetery
[1:54:54] development so you're proved of a puzzle with GMU engineers and geologists performed.
[1:55:00] Thank you, technical analysis of phase one grading. So this is very important for step in eventually
[1:55:06] starting to build the cemetery which will honor veterans and first responders. The anticipated
[1:55:13] opening is going to be in 2021. Last one at least I wanted to wish everyone an advance, a very happy
[1:55:19] labor day. And I do love history. So labor day was created by the late 19th century labor movement
[1:55:24] to honor the social and economic contributions
[1:55:26] of American workers, which are the best.
[1:55:30] September 5th, 1882, the first labor day parade
[1:55:33] was organized in New York City by the Central Labor Union,
[1:55:37] so coming from New York, very proud to see that.
[1:55:40] Oregon was the first state to pass a law legally
[1:55:43] recognizing the holiday in 1887.
[1:55:46] We got a bunch of early adopters in New York being amongst them
[1:55:49] and then Grover Cleveland actually passed a law
[1:55:53] in June of 1894, where September 5th,
[1:55:58] which is the first Monday,
[1:55:59] is the first time we actually celebrated Labor Day.
[1:56:02] So I wish everyone a happy and restful Labor Day,
[1:56:05] and I can close my comments, Mr. Mayor.
[1:56:07] Thank you.
[1:56:08] Thank you all for your comments.
[1:56:09] I wanted to reiterate some thanks to staff
[1:56:12] for putting on the LRA meeting on the 18th at AMC.
[1:56:16] Theater, if you weren't there, and you're interested.
[1:56:19] The film is located online.
[1:56:21] You can watch it about 30 minutes.
[1:56:22] But all of the progress that the community is making towards developing testing legacy and receiving input from the community and incorporating that into the future plans.
[1:56:32] And it's really important that we underscore that message that all of the outreach that we're doing is being heard and incorporated into the ultimate vision that we're going to be heardling towards.
[1:56:43] So we'll be moving towards and you know, that's I think that's true with this council
[1:56:50] Whatever your issue is
[1:56:51] You may
[1:56:53] Support or oppose certain things that we do but we are listening and I think you'll see that in policies that are adopted in the future
[1:57:00] Then and we
[1:57:01] Find two things to in the our residents concerns so with that I also
[1:57:06] Met on August 26 with Congresswoman Kim and her staff and talked about a bunch of things
[1:57:12] but importantly requesting further assistance from the Navy and really kind of finishing off the
[1:57:17] Northanger fire cleanup and administrative process. And so she pledged her assistance in
[1:57:24] arranging some meetings for that so that that should be coming soon. And then the next day
[1:57:30] met with Southlanders County Community College District with Chancellor Barnes and President
[1:57:39] their invitation to open, reopen the development agreement at the College District A-TEP facility
[1:57:44] and talk about opportunities there. So, hopefully I'm looking forward to and I think the
[1:57:48] Council is aligned in this exploring solutions so that we can get that proper removing and
[1:57:54] collaborate on something special there. So we had a good meeting and thank you all for participating
[1:57:59] that as well. And before I go into some upcoming events perhaps most importantly for all
[1:58:09] about winning games. And that's important to me. So, good riddance, Arty Marino.
[1:58:16] Okay.
[1:58:18] So, some upcoming events, City Hall is closed on Monday for City Facilities.
[1:58:22] They're closed on Monday for Labor Day. Has made a program outlined.
[1:58:25] We have a final sunset market on Thursday, September 17th from 5 to 830 p.m. in Old Town.
[1:58:31] We have a free shedding event, shredding event on Saturday, September 19th here at City Hall from 8 a.m. to 12 p.m.
[1:58:38] And we have a fair housing fundamentals workshop on Thursday, September 23rd from 2.30 to 4 p.m. at the library right on the side.
[1:58:46] And then lastly, a very exciting test until the day is coming up, October 2nd through 4th.
[1:58:51] And response will be available now through October 2nd at test until the day is .com.
[1:58:57] So thank you for being with us this evening.
[1:59:00] We will now adjourn tonight's meeting.
[1:59:01] The next meeting is scheduled for Tuesday, September 15th, 2026 for the closed session meeting of 4.30 p.m.
[1:59:06] In the regular business meeting at 6 p.m., thank you.
[1:59:09] Have a good night.