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PHASE 1 IMPROVEMENTS OF THE WARNER AVENUE IMPROVEMENTS PROJECT BETWEEN MAIN STREET AND OAK STREET MOTION: Tinajero SECOND: Solorio VOTE: AYES: Benavides, Solorio, Tinajero, Villegas (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Pulido, Sarmiento (3) 75C. AGENDA ITEM CONSIDERED OUT OF ORDER COUNCIL AGENDA ITEMS Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. 85A. AGENDA ITEM CONSIDERED OUT OF ORDER 85B. DISCUSS AND ADDRESS ALLEGATIONS OF BROWN ACT VIOLATIONS BY MULTIPLE MEMBERS OF THE CITY COUNCIL REGARDING SERIAL MEETING (Councilmember Villegas) The following spoke on the matter: Debbie McEwen, opined City Council violated Brown act and code of ethics by talking bad about Mayor Pulido, need to focus on city business would serve the community better, and need to stop serial meetings. Councilmember Villegas, expressed concern over alleged Brown act violations; Clerk should not be blamed for violations, text thread gave direction to staff and items for discussion; need for everyone to be responsible, and his desire as a private individual to send notice to Orange County District Attorney Special Prosecution Unit of possible violations opined that intent is not an element of the violation of the section. Councilmember Tinajero, stated that Councilmember can proceed and asked that is also include a report on Mayor's Brown Act violated as reported by Voice of OC; staff should have handled it differently; noted text message to Councilmembers was to inform them Mayor abdicated his role; commented that Mayor has more FPPC violations than the past three councils combined; directed Clerk to change text message policy and practice; asked City Attorney to clarify Agenda Item 55B. CITY COUNCIL MINUTES 22 APRIL 17, 2018