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HomeMy WebLinkAboutItem 31- Resolution Regarding Edgar Vargas ArzateCity Manager's Office www.santa-ana.org/city-managers-office Item # 31 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 17, 2024 TOPIC: Resolution Recognizing the Significant Concerns of the Community and the Family of Edgar Vargas Arzate AGENDA TITLE Resolution Recognizing the Significant Concerns of the Community and the Family of Edgar Vargas Arzate RECOMMENDED ACTION Adopt a resolution recognizing the significant concerns of the community and the family of Edgar Vargas Arzate. RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RECOGNIZING THE SIGNIFICANT CONCERNS OF THE COMMUNITY AND THE FAMILY OF EDGAR VARGAS ARZATE AND REAFFIRMING THE CITY'S COMMITMENT TO JUSTICE, ACCOUNTABILITY, AND COMMUNITY RELATIONSHIPS GOVERNMENT CODE §84308 APPLIES: No DISCUSSION At the November 19, 2024 Santa Ana City Council meeting, Councilmember Vazquez introduced the following councilmember-requested item: Discuss and Consider Directing the City Manager, City Attorney, and City Clerk to Draft a Resolution Issuing a Formal Apology to the Family of Edgar Vargas, an Undocumented Young Man, who was a Victim of Police Misconduct in 2014 Which Resulted in his Wrongful Transfer to U.S. Immigration and Customs Enforcement (ICE). There was consensus among the City Council to bring a resolution back to the City Council for consideration. As directed by the City Council, staff prepared a resolution (Exhibit 1) recognizing the significant concerns of the community and the family of Edgar Vargas Arzate, acknowledging the admitted wrongdoing of former Officer Brian Booker, and reaffirming the City's commitment to justice, accountability, and community relations. The resolution seeks to declare the following: Resolution Recognizing the Significant Concerns of the Community December 17, 2024 Page 2 • Recognize the significant concerns of the community and the family of Edgar Vargas Arzate stemming from the incident on June 19, 2014. • Acknowledge the admitted wrong doing of former Officer Brian Booker. • Commit to working to rebuild the trust lost with the community as a result of this incident. • Commit to fostering accountability and transparency through actions such as the establishment of the Police Oversight Commission. • Reaffirm the City's commitment to justice, dignity, and respect for all persons. If adopted, the resolution would represent a significant step in mending relationships with the affected family and the broader community, while reaffirming the City's dedication to justice and reform. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Resolution Submitted By: Alvaro Nunez, City Manager Approved By: Alvaro Nunez, City Manager RESOLUTION NO. 2024-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RECOGNIZING THE SIGNIFICANT CONCERNS OF THE COMMUNITY AND THE FAMILY OF EDGAR VARGAS ARZATE AND REAFFIRMING THE CITY'S COMMITMENT TO JUSTICE, ACCOUNTABILITY, AND COMMUNITY RELATIONSHIPS WHEREAS, the City of Santa Ana values all human life and is committed to respecting and protecting the dignity of every individual; and WHEREAS, on June 19, 2014, Edgar Vargas Arzate a resident of Santa Ana, was arrested by Santa Ana Police Department ("SAPD") police officers, and during the course of the arrest, there was a use of force which subsequently resulted in an investigation by a federal Grand Jury; and WHEREAS, in 2019, Officer Brian Booker was indicted by a federal Grand Jury and charged with deprivation of rights under color of law and falsification of records. He ultimately pled guilty to one count and was placed on probation; and WHEREAS, as a result of the police officer's use of force, Edgar Vargas Arzate filed a lawsuit against the City of Santa Ana and several of its police officers including then officer Brian Booker. The City settled the lawsuit for $175,000 in 2016; and WHEREAS, the City of Santa Ana deeply regrets the incident and recognizes the impact it has had on the community; and WHEREAS, the City's Police Department and Executive Management Team are committed to upholding the highest ethical standards and exemplifying professionalism in all interactions with the community; and WHEREAS, such incidents present an opportunity for reflection and growth, ensuring that similar events are not repeated; and WHEREAS, the City of Santa Ana now seeks to foster stronger community relationships and provide a holistic approach to ensuring the safety, health and general welfare of all residents; and WHEREAS, a positive shift in leadership has led to organizational reforms that emphasize increased accountability and transparency within the institution; and WHEREAS, the City of Santa Ana acknowledges that incidents such as this erode the community's trust in law enforcement and the City generally; and WHEREAS, the City Council is dedicated to rebuilding trust, fostering transparency, and maintaining accountability to ensure a stronger, safer community for all. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds determines, and declares as follows: A. The City of Santa Ana hereby recognizes the significant community concerns and the outrage of the family of Edgar Vargas Arzate regarding the circumstances of his arrest on June 19, 2014 and acknowledges the admitted wrongdoing of former Officer Brian Booker. B. The City of Santa Ana commits to working to rebuild the trust lost with the community as a result of this incident. C. The City of Santa Ana commits to continuing efforts to improve accountability and transparency, as evidenced by the establishment of the Police Oversight Commission and other reforms aimed at fostering trust within our community. D. The City of Santa Ana reaffirms the City's commitment to justice, dignity and respect for all persons. Section 2. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution. ADOPTED this 17t" day of December, 2024. APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By-�Owo- �, . Laura A. Rossini Chief Assistant City Attorney Valerie Amezcua Mayor AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, City Clerk, Jennifer L. Hall do hereby attest to and certify that the attached Resolution No. 2024-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on December 17. 2024. Date Jennifer L. Hall City Clerk City of Santa Ana