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22. LisaTran requested Union Pacific Railroad hire a 24/7 security team and expressed <br />concern regarding drugs, crime, and homeless encampments along railroad <br />corridors. <br /> <br />City Attorney Sonia Carvalho explained that she had advised Councilmember <br />Hernandez to recuse himself from Item No. 21 and noted that he was permitted to make <br />a public comment regarding his personal situation. <br /> <br />23. Johnathan Hernandez spoke regarding Item No. 21, expressing concerns with the <br />Santa Ana Police Department, emphasizing the First Amendment right to free <br />speech and the importance of being a voice for the community, and spoke in <br />opposition to the item. <br /> <br />AGENDA ITEM NO. 21 MOVED OUT OF ORDER <br /> <br />Councilmember Hernandezrecused himself from Item No. 21 and left the dais at 7:23 <br />P.M. <br /> <br />21. Consideration of Possible Censure of Councilmember Hernandez <br /> <br />Department(s): City Attorney’s Office <br /> <br />Recommended Action: There is no staff recommendation. However, based on <br />direction given by the City Council and reported out of closed session, this item is <br />being presented for the Mayor and City Council of the City of Santa Ana, to review <br />and discuss the process for censure arising from allegations made against <br />Councilmember Hernandez. If appropriate, the Mayor and Council may provide <br />further direction. <br /> <br />MINUTES: City Attorney Sonia Carvalho explained the process and the authority <br />for the item and stated there is no staff recommendation as it is a council generated <br />item. <br /> <br />Mayor Pro Tem Vazquez expressed concern regarding the item as Councilmember <br />Hernandez may sue the City since it goes against the First Amendment and spoke <br />about a similar case where the same instance happened where the Councilmember <br />sued the City due to being censured. <br /> <br />Councilmember Penaloza requested clarification on the item: whether the item is to <br />censure or a recommendation on what the Council would like to proceed with. <br /> <br />City Attorney Carvalho clarified a censure is a two-step process, beginning with <br />informing the public of the issues and the Council’s intended direction, and a <br />separate hearing would be held with a draft resolution, providing the individual full <br />due process. She noted tonight’s meeting is to determine whether the Council <br />wishes to move forward with a censure and clarified the City’s process regarding <br />complaints made against employees. <br /> <br />CITY COUNCIL 6 OCTOBER 7, 2025 <br /> <br />