HomeMy WebLinkAboutAgenda Packet_2023-10-30City Council Special Meeting Packet
October 30, 2023
(Immediately o • n • the Closed Session Meeting)
COUNCILCITY
Thai Viet Phan
Councilmember— Ward 1
Jessie Lopez
22 Civic Center Plaza Santa Ana, CA 92701
Valerie Amezcua
Mayor
Benjamin
Councilmember - Ward 2
Phil Bacerra
David Penaloza
2ALWAI- • •
*• *,MIZE,1
Soniarvl o Steven A. MendozaJennifer L. Hall
City Attorney Acting City Manager 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) 647-5624. 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.santa-ana.org/city-meetings.
City Council 1 10/30/2023
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
City Council 2 10/30/2023
Members of the public may attend the City Council meeting in -person 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
Yy,,:.YgLjtube or on CTV3, available on Spectrum channel 3.
• MAILING OPTION written communications — Public comments may be mailed to:
Office of the City Clerk, 20 Civic Center Plaza M-30, 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 E-MAIL OPTION — Public comments may be sent via email to the City
Clerk's office at eC0.rnirne1nt.Qap . .... a
........... .................. .................................................. .............. ..... ..!2![g. 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]'] t1J0s://us02wdb,zooirn ush " 3 1 5 9 " 65 1 4 9 , . To join the
Conference Call- Dial (669) 900-9128 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.
• IN -PERSON OPTION - Members of the public can provide in -person comments at the
podium in the Council Chamber. The Council Chamber will have seating available for
members of the public to attend the meeting in -person. 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 IN -PERSON'
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.
City Council 3 10/30/2023
TRANSLATION SERVICES - Spanish interpreting services are provided at City
Council meetings. Simultaneous Spanish interpretation is provided through the use
of headsets and consecutive interpretation (Spanish -to -English) in addition to those
wishing to address the City Council at the podium.
La ciudad proyee servicios de interpretaci6n all espaholl en las juntas del Concillio.
La interpretaci6n simuitcinea all espaholl Se ofrece por medio del use de audifonos Y
la interpretaci6n consecutiva (espaholl a incilds) tambidn estci disponible Para
cuallquiera que desee dirigirse all concillio municipal en ell 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
City Council 4 10/30/2023
NXOMANW*1110IL11
CALL TO ORDER
ATTENDANCE Council Members
f1layor Pro Terr
Mayor
WMMMUMIMUMMM
City Attorney
City Clerk
U M I ZT4=--t
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Jessie Lopez
Valerie Amezcua
c •!! �1 I i I ;I iI ;� � � pi��i 111i IFFIR li •
A 6 0
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):
a 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:
e One (1) case
RECONVENE — City Council will reconvene to continue regular City business.
City Council 5 10/30/2023
raAmSferAll 11]
Mayor Pro Terr
Mayor
Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
•
Jessie Lopez
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
CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed
Session.
BUSINESS CALENDAR
4. 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)
0
City Council 6 10/30/2023
011 1�11 I I I ;•
I I III I � i l��� I I
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 sain1a aina ()1r9'/CJY
City Council 7 10/30/2023
MAYOR
Valerie Amezcua:
MAYOR PRO TEM
Jessie Lopez
COUNCILMEMBERS
Phil Bacerra
Johnathan Ryan Hernandez
David Pen@11oza
Thai Viet Phan
Benjamin Vazquez
CITY CLERKS OFFICE
20 Civic Center Plaza a P.O. Box 1988
Santa Ana, California 92702
wwwsanta-ana,org
CITY COUNCIL
ACTING CITY MANAGER
Steven A. Mendoza
CITY ATTORNEY
Sonia R. Carvalho
CITY CLERK
Jennifer L. Hall
To: Valerie Amezcua, Mayor Steven A. Mendoza, Acting City Manager
Jessie Lopez, Mayor Pro Tem, Ward 3 Sonia R. Carvaiho, City Attorney
Phil Bacerr,a, Councilmember, Ward 4 Orange County Register
Johnathan Ryan Hernandez, Councilmember, Ward 5 Los Angeles Times
David Penaloza, Councilmember, Ward 6
Thai Viet Phan, Councilmember, Ward 1
Benjamin Vazquez, Councilmember, Ward 2
NOTICE IS HEREBY GIVEN, pursuant to California Government Code §54956, that on October 30,
2023 at 5:30 P.M., the Santa Ana City Council will hold a Special Meeting for the purpose of
addressing the following items:
Closed Session
1, CONFERENCE WITH LEGAL COUNSEL — SIGNIFICANT EXPOSURE TO LITIGATION
pursuant to Government Code Section 54956.9 (d)1(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
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)
nenifer all, "�'MC
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- It% October 2023
SANTA ANA CITY COUNCIL
Valerie Armen` Jessie Lopez firm VleP Pharl Benan'w Vazquez Phil Bacerra Jclhn@Qi@n Ryan Hernandez David Penaloza
Mayor Mayor Pro Ter, Ward 3 Ward I Wand 2 Ward 4 Ward 5 Nard 6
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City Council {{item. number}} - 10/30/2023
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REGISTRAR OF VOTERS
1300 South Grand Avenue, Bldg. C
Santa Ana, California 92705
(714) 567-7600
FAX (714) 567-7627
ocvote.gov
October 26, 2023
Jennifer L. Hall, City Clerk
City of Santa Ana
P.O. Box
Santa Ana, CA 92702
BOB PAGE
Registrar of Voters
Mailing Address:
P.O. Box 11298
Santa Ana, California 92711
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.
City Council
1-1
10/30/2023
Re: NOVEMBER 14, 2023 RECALL ELECTION
October 26, 2023
Page 2 of 3
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
r
Registrar of Voters
County of Orange
cc: Steven A. Mendoza, Acting City Manager
Sonya Carvalho, City Attorney
Jessie Lopez, City Councilmember
Tim Rush (timrush@bhhscaprops.com)
City Council 1-2 10/30/2023
Re: NOVEMBER 14, 2023 RECALL ELECTION
October 26, 2023
Page 3 of 3
Attachment A
Certified 2022 ma
Corrected 2020 ma
Registered voters as of
26,370
27,158
2/10/23 Report
Signatures filed
6,617
6,617
Valid Signatures
5,284
5,202
Valid Signatures Required
5,274
5,432
* Accepted Signatures
82
from voters in Ward 3 per
2022 map, but not in Ward
3 per 2020 ma
Rejected signatures for
0
voters not in Ward 3 in
2022, but who were in
Ward 3 in 2020
Number of current voters
357
who were mailed a ballot
that shouldn't have
because they aren't within
the Ward 3 boundaries
from 2020
Number of current voters
1,186
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
City Council
10/30/2023
REGISTRAR OF VOTERS
1300 South Grand Avenue, Bldg. C
Santa Ana, California 92705
(714) 567-7600
FAX (714) 567-7627
ocvote.gov
October 26, 2023
Jennifer L. Hall, City Clerk
City of Santa Ana
P.O. Box
Santa Ana, CA 92702
BOB PAGE
Registrar of Voters
Mailing Address:
P.O. Box 11298
Santa Ana, California 92711
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.
City Council
3-1
10/30/2023
Re: NOVEMBER 14, 2023 RECALL ELECTION
October 26, 2023
Page 2 of 3
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
r
Registrar of Voters
County of Orange
cc: Steven A. Mendoza, Acting City Manager
Sonya Carvalho, City Attorney
Jessie Lopez, City Councilmember
Tim Rush (timrush@bhhscaprops.com)
City Council 3-2 10/30/2023
Re: NOVEMBER 14, 2023 RECALL ELECTION
October 26, 2023
Page 3 of 3
Attachment A
Certified 2022 ma
Corrected 2020 ma
Registered voters as of
26,370
27,158
2/10/23 Report
Signatures filed
6,617
6,617
Valid Signatures
5,284
5,202
Valid Signatures Required
5,274
5,432
* Accepted Signatures
82
from voters in Ward 3 per
2022 map, but not in Ward
3 per 2020 ma
Rejected signatures for
0
voters not in Ward 3 in
2022, but who were in
Ward 3 in 2020
Number of current voters
357
who were mailed a ballot
that shouldn't have
because they aren't within
the Ward 3 boundaries
from 2020
Number of current voters
1,186
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
City Council
10/30/2023