City Council Special Meeting Packet
October 30, 2023
CLOSED SESSION AND OPEN MEETING – 5:30 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Valerie Amezcua
Mayor
Thai Viet Phan
Councilmember – Ward 1
Benjamin Vazquez
Councilmember Ward 2
Jessie Lopez
Mayor Pro Tem Ward 3
Phil Bacerra
Councilmember Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Steven A. Mendoza
Acting City Manager
Jennifer L. Hall
City Clerk
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/citymeetings.
CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:
Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.
Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency
Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.
PUBLIC COMMENTS – Members of the public who wish to address the City Council on items on the special meeting agenda only may do so by one of the following ways:
MAILING OPTION written communications – Public comments may be mailed to:
Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
LIVE VIRTUAL OPTION – Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, or ii) special agenda item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.
INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 5:30 p.m. for ALL Special Meeting Agenda items. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair.
The following designated public comment periods are:
1. LIVE PUBLIC COMMENTS ON ALL SPECIAL AGENDA ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 5:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 5:30 p.m. and raise your hand / request to speak. Speakers who are not in the speaker queue by 5:30 p.m., with their hand raised, will not be permitted to speak.
TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium.
La ciudad provee servicios de interpretación al español en las juntas del Concilio.
La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al concilio municipal en el podio.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball
) or download a pdf (the cloud symbol with the down arrow ).
CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
Acting City Manager Steven A. Mendoza
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO CLOSED SESSION
PUBLIC COMMENTS – Members of the public may address the City Council on ALL Special Meeting Agenda items at this time ONLY.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION pursuant to Government Code Section 54956.9(d)(2):
One (1) matter
2. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code:
One (1) case
RECONVENE – City Council will reconvene to continue regular City business.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
Acting City Manager Steven A. Mendoza
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
ADDITIONS\DELETIONS TO THE AGENDA
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
BUSINESS CALENDAR
3. Review and Discuss the Letter Received from Orange County Registrar of Voters Bob Page Dated October 26, 2023 Pertaining to the November 14, 2023 Special Recall Election for Santa Ana Ward 3; Take Potential Action Concerning the Election by Motion(s) or Resolution(s)
Department(s): City Attorney’s Office and City Clerk’s Office Recommended Action: 1. Take no action;
OR
2. Approve resolution(s);
AND/OR
3. Provide other direction to staff.
(Staff Report and Related Documents, if any, to be Provided Prior to the Meeting) **END OF BUSINESS CALENDAR**
CITY MANAGER COMMENTS
COUNCIL COMMENTS
ADJOURNMENT – Adjourn the City Council special meeting.
POSTING STATEMENT: On October 29, 2023, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/citymeetings.
City Council
1 10/30/2023
City Council Special Meeting Packet
October 30, 2023
CLOSED SESSION AND OPEN MEETING – 5:30 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Valerie Amezcua
Mayor
Thai Viet Phan
Councilmember – Ward 1
Benjamin Vazquez
Councilmember Ward 2
Jessie Lopez
Mayor Pro Tem Ward 3
Phil Bacerra
Councilmember Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Steven A. Mendoza
Acting City Manager
Jennifer L. Hall
City Clerk
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/citymeetings.
CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:
Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.
Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency
Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.
PUBLIC COMMENTS – Members of the public who wish to address the City Council on items on the special meeting agenda only may do so by one of the following ways:
MAILING OPTION written communications – Public comments may be mailed to:
Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
LIVE VIRTUAL OPTION – Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, or ii) special agenda item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.
INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 5:30 p.m. for ALL Special Meeting Agenda items. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair.
The following designated public comment periods are:
1. LIVE PUBLIC COMMENTS ON ALL SPECIAL AGENDA ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 5:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 5:30 p.m. and raise your hand / request to speak. Speakers who are not in the speaker queue by 5:30 p.m., with their hand raised, will not be permitted to speak.
TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium.
La ciudad provee servicios de interpretación al español en las juntas del Concilio.
La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al concilio municipal en el podio.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball
) or download a pdf (the cloud symbol with the down arrow ).
CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
Acting City Manager Steven A. Mendoza
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO CLOSED SESSION
PUBLIC COMMENTS – Members of the public may address the City Council on ALL Special Meeting Agenda items at this time ONLY.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION pursuant to Government Code Section 54956.9(d)(2):
One (1) matter
2. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code:
One (1) case
RECONVENE – City Council will reconvene to continue regular City business.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
Acting City Manager Steven A. Mendoza
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
ADDITIONS\DELETIONS TO THE AGENDA
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
BUSINESS CALENDAR
3. Review and Discuss the Letter Received from Orange County Registrar of Voters Bob Page Dated October 26, 2023 Pertaining to the November 14, 2023 Special Recall Election for Santa Ana Ward 3; Take Potential Action Concerning the Election by Motion(s) or Resolution(s)
Department(s): City Attorney’s Office and City Clerk’s Office Recommended Action: 1. Take no action;
OR
2. Approve resolution(s);
AND/OR
3. Provide other direction to staff.
(Staff Report and Related Documents, if any, to be Provided Prior to the Meeting) **END OF BUSINESS CALENDAR**
CITY MANAGER COMMENTS
COUNCIL COMMENTS
ADJOURNMENT – Adjourn the City Council special meeting.
POSTING STATEMENT: On October 29, 2023, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/citymeetings.
City Council
2 10/30/2023
City Council Special Meeting Packet
October 30, 2023
CLOSED SESSION AND OPEN MEETING – 5:30 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Valerie Amezcua
Mayor
Thai Viet Phan
Councilmember – Ward 1
Benjamin Vazquez
Councilmember Ward 2
Jessie Lopez
Mayor Pro Tem Ward 3
Phil Bacerra
Councilmember Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Steven A. Mendoza
Acting City Manager
Jennifer L. Hall
City Clerk
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/citymeetings.
CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:
Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.
Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency
Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.
PUBLIC COMMENTS – Members of the public who wish to address the City Council on items on the special meeting agenda only may do so by one of the following ways:
MAILING OPTION written communications – Public comments may be mailed to:
Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
LIVE VIRTUAL OPTION – Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, or ii) special agenda item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.
INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 5:30 p.m. for ALL Special Meeting Agenda items. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair.
The following designated public comment periods are:
1. LIVE PUBLIC COMMENTS ON ALL SPECIAL AGENDA ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 5:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 5:30 p.m. and raise your hand / request to speak. Speakers who are not in the speaker queue by 5:30 p.m., with their hand raised, will not be permitted to speak.
TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium.
La ciudad provee servicios de interpretación al español en las juntas del Concilio.
La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al concilio municipal en el podio.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball
) or download a pdf (the cloud symbol with the down arrow ).
CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
Acting City Manager Steven A. Mendoza
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO CLOSED SESSION
PUBLIC COMMENTS – Members of the public may address the City Council on ALL Special Meeting Agenda items at this time ONLY.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION pursuant to Government Code Section 54956.9(d)(2):
One (1) matter
2. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code:
One (1) case
RECONVENE – City Council will reconvene to continue regular City business.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
Acting City Manager Steven A. Mendoza
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
ADDITIONS\DELETIONS TO THE AGENDA
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
BUSINESS CALENDAR
3. Review and Discuss the Letter Received from Orange County Registrar of Voters Bob Page Dated October 26, 2023 Pertaining to the November 14, 2023 Special Recall Election for Santa Ana Ward 3; Take Potential Action Concerning the Election by Motion(s) or Resolution(s)
Department(s): City Attorney’s Office and City Clerk’s Office Recommended Action: 1. Take no action;
OR
2. Approve resolution(s);
AND/OR
3. Provide other direction to staff.
(Staff Report and Related Documents, if any, to be Provided Prior to the Meeting) **END OF BUSINESS CALENDAR**
CITY MANAGER COMMENTS
COUNCIL COMMENTS
ADJOURNMENT – Adjourn the City Council special meeting.
POSTING STATEMENT: On October 29, 2023, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/citymeetings.
City Council
3 10/30/2023
City Council Special Meeting Packet
October 30, 2023
CLOSED SESSION AND OPEN MEETING – 5:30 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Valerie Amezcua
Mayor
Thai Viet Phan
Councilmember – Ward 1
Benjamin Vazquez
Councilmember Ward 2
Jessie Lopez
Mayor Pro Tem Ward 3
Phil Bacerra
Councilmember Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Steven A. Mendoza
Acting City Manager
Jennifer L. Hall
City Clerk
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/citymeetings.
CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:
Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.
Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency
Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.
PUBLIC COMMENTS – Members of the public who wish to address the City Council on items on the special meeting agenda only may do so by one of the following ways:
MAILING OPTION written communications – Public comments may be mailed to:
Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
LIVE VIRTUAL OPTION – Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, or ii) special agenda item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.
INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 5:30 p.m. for ALL Special Meeting Agenda items. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair.
The following designated public comment periods are:
1. LIVE PUBLIC COMMENTS ON ALL SPECIAL AGENDA ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 5:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 5:30 p.m. and raise your hand / request to speak. Speakers who are not in the speaker queue by 5:30 p.m., with their hand raised, will not be permitted to speak.
TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium.
La ciudad provee servicios de interpretación al español en las juntas del Concilio.
La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al concilio municipal en el podio.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball
) or download a pdf (the cloud symbol with the down arrow ).
CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
Acting City Manager Steven A. Mendoza
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO CLOSED SESSION
PUBLIC COMMENTS – Members of the public may address the City Council on ALL Special Meeting Agenda items at this time ONLY.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION pursuant to Government Code Section 54956.9(d)(2):
One (1) matter
2. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code:
One (1) case
RECONVENE – City Council will reconvene to continue regular City business.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
Acting City Manager Steven A. Mendoza
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
ADDITIONS\DELETIONS TO THE AGENDA
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
BUSINESS CALENDAR
3. Review and Discuss the Letter Received from Orange County Registrar of Voters Bob Page Dated October 26, 2023 Pertaining to the November 14, 2023 Special Recall Election for Santa Ana Ward 3; Take Potential Action Concerning the Election by Motion(s) or Resolution(s)
Department(s): City Attorney’s Office and City Clerk’s Office Recommended Action: 1. Take no action;
OR
2. Approve resolution(s);
AND/OR
3. Provide other direction to staff.
(Staff Report and Related Documents, if any, to be Provided Prior to the Meeting) **END OF BUSINESS CALENDAR**
CITY MANAGER COMMENTS
COUNCIL COMMENTS
ADJOURNMENT – Adjourn the City Council special meeting.
POSTING STATEMENT: On October 29, 2023, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/citymeetings.
City Council
4 10/30/2023
City Council Special Meeting Packet
October 30, 2023
CLOSED SESSION AND OPEN MEETING – 5:30 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Valerie Amezcua
Mayor
Thai Viet Phan
Councilmember – Ward 1
Benjamin Vazquez
Councilmember Ward 2
Jessie Lopez
Mayor Pro Tem Ward 3
Phil Bacerra
Councilmember Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Steven A. Mendoza
Acting City Manager
Jennifer L. Hall
City Clerk
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/citymeetings.
CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:
Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.
Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency
Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.
PUBLIC COMMENTS – Members of the public who wish to address the City Council on items on the special meeting agenda only may do so by one of the following ways:
MAILING OPTION written communications – Public comments may be mailed to:
Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
LIVE VIRTUAL OPTION – Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, or ii) special agenda item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.
INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 5:30 p.m. for ALL Special Meeting Agenda items. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair.
The following designated public comment periods are:
1. LIVE PUBLIC COMMENTS ON ALL SPECIAL AGENDA ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 5:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 5:30 p.m. and raise your hand / request to speak. Speakers who are not in the speaker queue by 5:30 p.m., with their hand raised, will not be permitted to speak.
TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium.
La ciudad provee servicios de interpretación al español en las juntas del Concilio.
La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al concilio municipal en el podio.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball
) or download a pdf (the cloud symbol with the down arrow ).
CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
Acting City Manager Steven A. Mendoza
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO CLOSED SESSION
PUBLIC COMMENTS – Members of the public may address the City Council on ALL Special Meeting Agenda items at this time ONLY.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION pursuant to Government Code Section 54956.9(d)(2):
One (1) matter
2. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code:
One (1) case
RECONVENE – City Council will reconvene to continue regular City business.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
Acting City Manager Steven A. Mendoza
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
ADDITIONS\DELETIONS TO THE AGENDA
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
BUSINESS CALENDAR
3. Review and Discuss the Letter Received from Orange County Registrar of Voters Bob Page Dated October 26, 2023 Pertaining to the November 14, 2023 Special Recall Election for Santa Ana Ward 3; Take Potential Action Concerning the Election by Motion(s) or Resolution(s)
Department(s): City Attorney’s Office and City Clerk’s Office Recommended Action: 1. Take no action;
OR
2. Approve resolution(s);
AND/OR
3. Provide other direction to staff.
(Staff Report and Related Documents, if any, to be Provided Prior to the Meeting) **END OF BUSINESS CALENDAR**
CITY MANAGER COMMENTS
COUNCIL COMMENTS
ADJOURNMENT – Adjourn the City Council special meeting.
POSTING STATEMENT: On October 29, 2023, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/citymeetings.
City Council
5 10/30/2023
City Council Special Meeting Packet
October 30, 2023
CLOSED SESSION AND OPEN MEETING – 5:30 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Valerie Amezcua
Mayor
Thai Viet Phan
Councilmember – Ward 1
Benjamin Vazquez
Councilmember Ward 2
Jessie Lopez
Mayor Pro Tem Ward 3
Phil Bacerra
Councilmember Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Steven A. Mendoza
Acting City Manager
Jennifer L. Hall
City Clerk
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/citymeetings.
CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:
Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.
Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency
Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.
PUBLIC COMMENTS – Members of the public who wish to address the City Council on items on the special meeting agenda only may do so by one of the following ways:
MAILING OPTION written communications – Public comments may be mailed to:
Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
LIVE VIRTUAL OPTION – Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, or ii) special agenda item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.
INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 5:30 p.m. for ALL Special Meeting Agenda items. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair.
The following designated public comment periods are:
1. LIVE PUBLIC COMMENTS ON ALL SPECIAL AGENDA ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 5:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 5:30 p.m. and raise your hand / request to speak. Speakers who are not in the speaker queue by 5:30 p.m., with their hand raised, will not be permitted to speak.
TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium.
La ciudad provee servicios de interpretación al español en las juntas del Concilio.
La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al concilio municipal en el podio.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball
) or download a pdf (the cloud symbol with the down arrow ).
CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
Acting City Manager Steven A. Mendoza
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO CLOSED SESSION
PUBLIC COMMENTS – Members of the public may address the City Council on ALL Special Meeting Agenda items at this time ONLY.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION pursuant to Government Code Section 54956.9(d)(2):
One (1) matter
2. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code:
One (1) case
RECONVENE – City Council will reconvene to continue regular City business.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
Acting City Manager Steven A. Mendoza
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
ADDITIONS\DELETIONS TO THE AGENDA
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
BUSINESS CALENDAR
3. Review and Discuss the Letter Received from Orange County Registrar of Voters Bob Page Dated October 26, 2023 Pertaining to the November 14, 2023 Special Recall Election for Santa Ana Ward 3; Take Potential Action Concerning the Election by Motion(s) or Resolution(s)
Department(s): City Attorney’s Office and City Clerk’s Office Recommended Action: 1. Take no action;
OR
2. Approve resolution(s);
AND/OR
3. Provide other direction to staff.
(Staff Report and Related Documents, if any, to be Provided Prior to the Meeting) **END OF BUSINESS CALENDAR**
CITY MANAGER COMMENTS
COUNCIL COMMENTS
ADJOURNMENT – Adjourn the City Council special meeting.
POSTING STATEMENT: On October 29, 2023, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/citymeetings.
City Council
6 10/30/2023
City Council Special Meeting Packet
October 30, 2023
CLOSED SESSION AND OPEN MEETING – 5:30 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Valerie Amezcua
Mayor
Thai Viet Phan
Councilmember – Ward 1
Benjamin Vazquez
Councilmember Ward 2
Jessie Lopez
Mayor Pro Tem Ward 3
Phil Bacerra
Councilmember Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Steven A. Mendoza
Acting City Manager
Jennifer L. Hall
City Clerk
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/citymeetings.
CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:
Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.
Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency
Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.
PUBLIC COMMENTS – Members of the public who wish to address the City Council on items on the special meeting agenda only may do so by one of the following ways:
MAILING OPTION written communications – Public comments may be mailed to:
Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
LIVE VIRTUAL OPTION – Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, or ii) special agenda item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.
INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 5:30 p.m. for ALL Special Meeting Agenda items. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair.
The following designated public comment periods are:
1. LIVE PUBLIC COMMENTS ON ALL SPECIAL AGENDA ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 5:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 5:30 p.m. and raise your hand / request to speak. Speakers who are not in the speaker queue by 5:30 p.m., with their hand raised, will not be permitted to speak.
TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium.
La ciudad provee servicios de interpretación al español en las juntas del Concilio.
La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al concilio municipal en el podio.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball
) or download a pdf (the cloud symbol with the down arrow ).
CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
Acting City Manager Steven A. Mendoza
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO CLOSED SESSION
PUBLIC COMMENTS – Members of the public may address the City Council on ALL Special Meeting Agenda items at this time ONLY.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION pursuant to Government Code Section 54956.9(d)(2):
One (1) matter
2. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code:
One (1) case
RECONVENE – City Council will reconvene to continue regular City business.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Jessie Lopez
Mayor Valerie Amezcua
Acting City Manager Steven A. Mendoza
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
ADDITIONS\DELETIONS TO THE AGENDA
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
BUSINESS CALENDAR
3. Review and Discuss the Letter Received from Orange County Registrar of Voters Bob Page Dated October 26, 2023 Pertaining to the November 14, 2023 Special Recall Election for Santa Ana Ward 3; Take Potential Action Concerning the Election by Motion(s) or Resolution(s)
Department(s): City Attorney’s Office and City Clerk’s Office Recommended Action: 1. Take no action;
OR
2. Approve resolution(s);
AND/OR
3. Provide other direction to staff.
(Staff Report and Related Documents, if any, to be Provided Prior to the Meeting) **END OF BUSINESS CALENDAR**
CITY MANAGER COMMENTS
COUNCIL COMMENTS
ADJOURNMENT – Adjourn the City Council special meeting.
POSTING STATEMENT: On October 29, 2023, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/citymeetings.
City Council
7 10/30/2023
City Council
{{item.number}} –
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10/30/2023
October 26, 2023
Jennifer L. Hall, City Clerk
City of Santa Ana
P.O. Box
Santa Ana, CA 92702
Re: November 14, 2023 Recall Election – Jessie Lopez, Office of City Council, Ward 3, City of Santa Ana
Dear Ms. Hall:
The Registrar of Voters has been asked to conduct the recall election referenced above by the City of Santa Ana. In the process of preparing for the election, we became aware that Ms. Lopez was elected based on Santa Ana’s pre-redistricting boundaries for Ward 3. However, the recall petition was circulated and reviewed based on Ward 3’s post-redistricting boundaries. See the attached map.
The current post-redistricting Ward 3 boundaries includes 362 active voters who did not reside in the old Ward 3 boundaries and excludes 1,186 voters who reside within the old Ward 3 boundaries. This difference between the old and current Ward 3 boundaries would have impacted whether the recall petition had sufficient valid signatures and who can validly vote in the recall election. As denoted in Attachment A, if the signatures from voters in the current Ward 3 who did not reside in the old Ward 3 were excluded from the count, then the recall petition would have failed by 230 signatures, rather than being deemed sufficient.
We understand that Ms. Lopez was elected in 2020, prior to City’s adoption of the current Ward 3 map. Unless the City’s Charter provides otherwise, Section 21606 of the Election Code provides the City’s new district maps will apply at “the first election for council members … following adoption of the boundaries of council districts, excluding a special election to fill a vacancy or a recall election.” See 97 Cal. Op. Att'y Gen. 12 (2014) (Attorney General rejects contention that “the first election” must be construed to mean the first election of any sort, including an election to fill a vacancy, after the boundary adjustments). Thus, it appears that the old Ward 3 map boundaries should have applied for both the review of the recall petition and with respect to which voters can vote in the currently scheduled recall election.
The City of Santa Ana requested that the Registrar of Voters conduct the recall election for Jessie Lopez, Office of City Council, Ward 3 on behalf of the City pursuant to City Resolutions 2023-055 and 2023-056 and Section 10002 of the Election Code, which provides:
Any city that requests the board of supervisors to permit the elections official to prepare the city's election materials shall, if the board of supervisors agrees to provide such services, supply the county elections official with a list of its precincts, or consolidated precincts, as applicable, no later than 61 days before the election.
REGISTRAR OF VOTERS
1300 South Grand Avenue, Bldg. C
Santa Ana, California 92705
(714) 567-7600
FAX (714) 567-7627
ocvote.gov
BOB PAGE
Registrar of Voters
Mailing Address:
P.O. Box 11298
Santa Ana, California 92711
City Council
1 –
1 10/30/2023
Re: NOVEMBER 14, 2023 RECALL ELECTION
October 26, 2023
Cal. Elec. Code § 10002. The City’s resolutions do not specify any list of precincts that are different from the current Ward 3 boundaries, which contain precincts different from those that were in effect when Ms. Lopez was elected.
This is a municipal election, thus your office serves as the City’s election official for the recall election with the Registrar of Voters providing election services at the request and direction of the City. Accordingly, the Registrar of Voters will need direction from the City as soon as practicable regarding whether the City intends to proceed with conducting the recall election that is currently scheduled for November 14, 2023 given the issues described herein.
Bob Page
Registrar of Voters
County of Orange
cc: Steven A. Mendoza, Acting City Manager
Sonya Carvalho, City Attorney
Jessie Lopez, City Councilmember
Tim Rush ([email protected])
City Council
1 –
2 10/30/2023
Re: NOVEMBER 14, 2023 RECALL ELECTION
October 26, 2023
Attachment A
Certified (2022 map) Corrected (2020 map)
Registered voters as of
2/10/23 Report
26,370 27,158
Signatures filed 6,617 6,617
Valid Signatures 5,284 5,202 *
Valid Signatures Required 5,274 5,432
* Accepted Signatures
from voters in Ward 3 per
2022 map, but not in Ward
3 per 2020 map
82 Rejected signatures for
voters not in Ward 3 in
2022, but who were in
Ward 3 in 2020
0 Number of current voters
who were mailed a ballot
that shouldn’t have
because they aren’t within
the Ward 3 boundaries
from 2020
357
Number of current voters
who were not mailed a
ballot because they do not
live within Ward 3
boundaries from 2022, but
should have been mailed a
ballot because they are
within the Ward 3
boundaries from 2020
1,186
City Council
1 –
3 10/30/2023
October 26, 2023
Jennifer L. Hall, City Clerk
City of Santa Ana
P.O. Box
Santa Ana, CA 92702
Re: November 14, 2023 Recall Election – Jessie Lopez, Office of City Council, Ward 3, City of Santa Ana
Dear Ms. Hall:
The Registrar of Voters has been asked to conduct the recall election referenced above by the City of Santa Ana. In the process of preparing for the election, we became aware that Ms. Lopez was elected based on Santa Ana’s pre-redistricting boundaries for Ward 3. However, the recall petition was circulated and reviewed based on Ward 3’s post-redistricting boundaries. See the attached map.
The current post-redistricting Ward 3 boundaries includes 362 active voters who did not reside in the old Ward 3 boundaries and excludes 1,186 voters who reside within the old Ward 3 boundaries. This difference between the old and current Ward 3 boundaries would have impacted whether the recall petition had sufficient valid signatures and who can validly vote in the recall election. As denoted in Attachment A, if the signatures from voters in the current Ward 3 who did not reside in the old Ward 3 were excluded from the count, then the recall petition would have failed by 230 signatures, rather than being deemed sufficient.
We understand that Ms. Lopez was elected in 2020, prior to City’s adoption of the current Ward 3 map. Unless the City’s Charter provides otherwise, Section 21606 of the Election Code provides the City’s new district maps will apply at “the first election for council members … following adoption of the boundaries of council districts, excluding a special election to fill a vacancy or a recall election.” See 97 Cal. Op. Att'y Gen. 12 (2014) (Attorney General rejects contention that “the first election” must be construed to mean the first election of any sort, including an election to fill a vacancy, after the boundary adjustments). Thus, it appears that the old Ward 3 map boundaries should have applied for both the review of the recall petition and with respect to which voters can vote in the currently scheduled recall election.
The City of Santa Ana requested that the Registrar of Voters conduct the recall election for Jessie Lopez, Office of City Council, Ward 3 on behalf of the City pursuant to City Resolutions 2023-055 and 2023-056 and Section 10002 of the Election Code, which provides:
Any city that requests the board of supervisors to permit the elections official to prepare the city's election materials shall, if the board of supervisors agrees to provide such services, supply the county elections official with a list of its precincts, or consolidated precincts, as applicable, no later than 61 days before the election.
REGISTRAR OF VOTERS
1300 South Grand Avenue, Bldg. C
Santa Ana, California 92705
(714) 567-7600
FAX (714) 567-7627
ocvote.gov
BOB PAGE
Registrar of Voters
Mailing Address:
P.O. Box 11298
Santa Ana, California 92711
City Council
3 –
1 10/30/2023
Re: NOVEMBER 14, 2023 RECALL ELECTION
October 26, 2023
Cal. Elec. Code § 10002. The City’s resolutions do not specify any list of precincts that are different from the current Ward 3 boundaries, which contain precincts different from those that were in effect when Ms. Lopez was elected.
This is a municipal election, thus your office serves as the City’s election official for the recall election with the Registrar of Voters providing election services at the request and direction of the City. Accordingly, the Registrar of Voters will need direction from the City as soon as practicable regarding whether the City intends to proceed with conducting the recall election that is currently scheduled for November 14, 2023 given the issues described herein.
Bob Page
Registrar of Voters
County of Orange
cc: Steven A. Mendoza, Acting City Manager
Sonya Carvalho, City Attorney
Jessie Lopez, City Councilmember
Tim Rush ([email protected])
City Council
3 –
2 10/30/2023
Re: NOVEMBER 14, 2023 RECALL ELECTION
October 26, 2023
Attachment A
Certified (2022 map) Corrected (2020 map)
Registered voters as of
2/10/23 Report
26,370 27,158
Signatures filed 6,617 6,617
Valid Signatures 5,284 5,202 *
Valid Signatures Required 5,274 5,432
* Accepted Signatures
from voters in Ward 3 per
2022 map, but not in Ward
3 per 2020 map
82 Rejected signatures for
voters not in Ward 3 in
2022, but who were in
Ward 3 in 2020
0 Number of current voters
who were mailed a ballot
that shouldn’t have
because they aren’t within
the Ward 3 boundaries
from 2020
357
Number of current voters
who were not mailed a
ballot because they do not
live within Ward 3
boundaries from 2022, but
should have been mailed a
ballot because they are
within the Ward 3
boundaries from 2020
1,186
City Council
3 –
3 10/30/2023