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HomeMy WebLinkAbout2026-02-03 Regular Minutes of the Regular Meeting of the City Council City of Santa Ana, California February 3, 2026 CLOSED SESSION MEETING - 4:00 P.M. REGULAR OPEN MEETING - 5:30 P.M. (immediately following the Closed Session Meeting, CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CLOSED SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Closed Session meeting to order at 4:9 7 P.M. ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Thai Viet Phan Benjamin Vazquez Mayor Pro Tern David Penaloza Mayor Valerie Amezcua City Manager Alvaro Nunez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall CITY COUNCIL 1 FEBRUARY 3, 2026 ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Lopez, Phan, and Vazquez, and Mayor Amezcua were present. Councilmembers Bacerra and Hernandez, and Mayor Pro Tem Penaloza joined during Closed Session. ADDITIONSIDELETIONS TO CLOSED SESSION MINUTES: None. PUBLIC COMMENTS-- Members of the public may address the City Council on Closed Session items. MINUTES: None. RECESS -- City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 4:18 P.M. 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 LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Peter Brown Employee Organizations: 1. Service Employees International Union, Full-Time Employees Unit (SEIU- FT) 2. Service Employees International Union, Part-Time Non-Civil Service Employees Unit (SEIU-PTNCS) 3. Service Employees International Union, Part-Time Civil Service Employees Unit (SEIU-PTCS) 4. Santa Ana Police Officers Association (POA) 2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Lori Schnaider Employee Organizations: 1. Confidential Association of Santa Ana (CASA) 2. Santa Ana Middle Management Association (SAMA) 3. Santa Ana Police Management Association (PMA) CITY COUNCIL 2 FEBRUARY 3, 2026 4. Unrepresented Seasonal Employees 3. CONFERENCE WITH LEGAL COUNSEL —SIGNIFICANT EXPOSURE TO LITIGATION pursuant to Section 54956.9(d)(2) of the Government Code: Three (3) Matters [Personnel Complaints] MINUTES: Councilmember Hernandez recused himself from Closed Session Item No. 3 and left the room at 5:45 P.M. 4. CONFERENCE WITH LEGAL COUNSEL — POTENTIAL INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9: * One (1) case — Union Pacific RECONVENE--City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: MayorAmezcua reconvened the City Council Meeting to orderat 6:50 P.M. ATTENDANCE Councilmembers Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Thai Viet Phan Benjamin Vazquez Mayor Pro Tem David Penaloza Mayor Valerie Amezcua City Manager Alvaro Nunez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez, Lopez, Phan, and Vazquez, Mayor Pro Tem Penaloza, and Mayor Amezcua were present. PLEDGE OF ALLEGIANCE Senior Pastor Daniel DeLeon Jr. WORDS OF INSPIRATION Bob Barnett, Police Chaplain CITY COUNCIL 3 FEBRUARY 3, 2026 ADDITIONSIDELETIONS TO THE AGENDA MINUTES: City Clerk Jennifer L. Hall announced Public Hearing Item No. 18 has been cancelled and will be re-noticed for the February 17, 2026 City Council meeting. CEREMONIAL PRESENTATIONS 1. Certificate of Recognition presented by Mayor Amezcua to Templo Calvario for Outstanding Contributions to the Community MINUTES: Mayor Amezcua presented a certificate of recognition to Templo Calvario for outstanding contributions to the community through its initiative Heart for the City. 2. Certificates of Recognition presented by Councilmember Lopez to Mothers Against Drunk Drivers (MADD) for Outstanding Contributions to the Community MINUTES: Councilmember Lopez presented a certificates of recognition to Mothers Against Drunk Drivers (MADD) for outstanding contributions to the community. 3. Certificates of Recognition presented by Councilmember Hernandez to students of the Suavecito Foundation for Exemplary Leadership in Youth Government MINUTES: Councilmember Hernandez presented certificates of recognition to students of the Sauvecito Foundation for exemplary leadership in youth government. CLOSED SESSION REPORT—The City Attorney will report on any action(s)from Closed Session. MINUTES: City Attorney Sonia Carvalho reported for Closed Session Item No. 3 that the third-party investigator reported that the three employee complaints filed regarding Councilmember Hernandez were not sustained based on the research and interviews conducted. She further noted that City Council recognizes individual rights but also that statements and actions reflect on the entire dais and City. PUBLIC COMMENTS—Public comments will be held during the beginning of the meeting for ALL comments on agenda and non-agenda items. MINUTES: City Clerk Jennifer L. Hall reported out the summary of email comments received: (27) Agenda Item No. 15, (1) Agenda Item No. 18, and (1) non-agenda comments. CITY COUNCIL 4 FEBRUARY 3, 2026 The following speakers addressed City Council in person: 1. Sue Palik spoke in favor of Item No. 15. 2. Gil Sanchez expressed concerns regarding Item No. 15 and hoped there is transparency and oversight of the drone program. 3. Kathy Morehead expressed concerns regarding the One Broadway Plaza project. 4. Manuel Avila spoke regarding his connection to the Bible. 5. Mark Spratt expressed concerns regarding the use of Councilmember allocated funds. 6. John Ramirez spoke in favor of Item No. 15 and thanked the mayor, councilmembers, city staff, and first responders for their work. 7. Victor Mendez spoke regarding Item No. 7 and hoped housing and cost information could be included in future reports. He also spoke in support of Item No. 15. 8. Irma P. Jauregui spoke in favor of item No. 15, police vehicle cameras, and spoke regarding the funds allocated to the Councilmembers for their wards. 9. Guadalupe Barragan (translation: Spanish) spoke regarding the ongoing issues and evictions at the mobile home park where she lives and asked for help with this matter. 10. Karla Alvarado spoke regarding the ongoing issues and evictions at the mobile home park where she lives and asks for help with this matter. 11. Carlos Barragan (translation: Spanish) spoke regarding the ongoing issues and evictions at the mobile home park where he lives and asks for help with this matter. 12.Dale Helvig spoke in favor of Item No. 15 and stated that policy could help mitigate privacy concerns. 13.Daniel Diaz spoke regarding record requests he submitted. 14.Selica Diaz spoke in favor of Item No. 15. The following speakers addressed City Council via teleconference: 15. Caller spoke against Item No. 15 and hoped the funds could be used to help residents instead. 16. Sarah Marshall expressed privacy concerns regarding Item No. 15 and hoped the funds could be used to help residents instead. CITY COUNCIL 5 FEBRUARY 3, 2026 17. Tanya Navarro expressed privacy concerns regarding Item No. 15 and the lack of drone oversight. 18. Jair expressed concems regarding Item No. 15 and recommended the funds be used to help residents in other ways. 19. Graciela Lepe (translation: Spanish) expressed concerns regarding Item No. 15 and recommended the funds be used to help residents and for civic education. City Manager Alvaro Nunez stated the city is in communication with the offices of Congressmen Lou Correa, Assembly Member Avelino Valencia, and The Public Law Center to determine if the mobile home park residents are covered under the Rent Stabilization and Just Cause Eviction Ordinance. City Attomey Sonia R. Carvalho stated City staff is currently working to get the information needed from the mobile home park residents to evaluate what regulations apply and how the city is able to help. She also asked for Councilmembers to notify the Mayor or City Clerk when they are stepping away from the dais and whether or not they will be returning. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 4 through 17 and waive reading of all resolutions and ordinances. MINUTES;At 8:33 P.M., the Consent Calendar was considered. City Attorney Carvalho reminded the Council of maintaining quorum during the meeting. City Manager Nunez stated a grammatical error to be corrected in the Police Oversight Commission Bylaws for Agenda Item 16 regarding Article 1, Sections 4 and 5. Councilmember Vazquez pulled Agenda Item No. 15 for separate discussion and consideration. Councilmember Lopez pulled Agenda Item No. 8 for separate discussion and consideration. CITY COUNCIL 6 FEBRUARY 3, 2026 MOTION: Councilmember Hernandez moved to approve Consent Calendar Item Nos. 4 through 17, with the exception of Agenda Items Nos. 8 and 15 pulled for separate discussion and consideration, and including the amendments to item No. 16 the Police Commission Bylaws, Article 1, Sections 4 and 5 as stated by the City Manager, seconded by Mayor Pro Tern Penaloza, The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PENALOZA, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7—0 — Pass 4. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 5. Minutes from the Regular Meeting of January 20, 2026 Department(s): City Clerk's Office Recommended Action: Approve minutes. 6. Appoint Emilio Ramirez Nominated by Councilmember Penaloza as the Ward 6 Representative to the Rental Housing Board for a Partial Term Expiring in 2027 Department(s): City Clerk's Office Recommended Action: Appoint Emilio Ramirez to the Rental Housing Board as the Ward 6 representative and administer the Oath of Office (Pursuant to SAMC Sec. 2-326(a), requires five affirmative votes). MINUTES:City Clerk Jennifer 1. Hall administrated the Oath of Office to Emilio Ramirez. 7. 2025 Update on the East First Street Quality of Life Initiative Department(s): Police Department Recommended Action: Receive and file. CITY COUNCIL 7 FEBRUARY 3, 2026 8. In-Car Cameras at the Santa Ana Police Department Department(s): Police Department Recommended Action: Receive and file information presented in this report regarding the feasibility of deploying in-car camera systems at the Santa Ana Police Department (SAPD). MINUTES: Councilmember Lopez requested the total costs for personnel, clear policy guidelines, information be provided to the community, and thanked staff for their efforts on the item. Councilmember Hernandez thanked the City Manager's office and Santa Ana Police Department (SAPD) for their efforts and spoke in support of the item. Councilmember Vazquez spoke in support of the item and requested the Police Oversight Commission be included when it comes to policies or technologies within SAPD. Councilmember Phan inquired about the next step in the process post receive and Me of the item, requested clarification on what type of in-car cameras would be used, and when cameras would turn on and begin recording. City Manager Nunez suggested addressing the implementation of the item during the budget process. Chief of Police Robert Rodriguez stated in-car cameras would need to be put out for bid, the department would report back to the City Council the recommended product, and noted in-car cameras can be activated based on factors such as policy implementation, usage of cameras, and when siren lights go on. Councilmember Lopez asked whether the item would have a request for proposal or sole source. City Manager Nunez stated there is no determination at this time. Councilmember Phan suggested getting together with Axon Enterprise to gather information on potential bundle services that could be provided since the City is in contract with them for body-worn cameras for SAPD. CITY COUNCIL 8 FEBRUARY 3, 2026 MOTION: Mayor Amezcua moved to approve the recommended action for Agenda Item No. 8, seconded by Councilmember Hernandez. The motion carried, 7-0, by the following roil call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PENALOZA, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7—0 —Pass 9. Agreement with Manatt Government Strategies, LLC for Federal Legislative Advocacy Services (Specification No. 25-143) (General Fund) Department(s): City Manager's Office Recommended Action: Authorize the City Manager to execute an agreement with Manatt Government Strategies LLC for Federal Legislative Advocacy Services for a three-year term in an amount not to exceed $352,800, from March 1, 2026 through February 28, 2029 with the option for two (2) one-year extensions for a total not to exceed amount of$588,000 (Agreement No. A-2026-009). 1 O.Agreement with Townsend Public Affairs for State Legislative Advocacy Services (Specification No. 25-142) (General Fund) Department(s): City Manager's Office Recommended Action: Authorize the City Manager to execute an agreement with Townsend Public Affairs for State Legislative Advocacy Services for a three-year term, from March 1, 2026 through February 28, 2029 with the option for two (2) one- year extensions for a total not to exceed amount of $375,000 (Agreement No. A- 2026-010). 11.Agreement with Midwest Tape for Hoopla Digital Book, Video, and Music Content (Cannabis Public Benefit Fund) Department(s): Library Recommended Action: Authorize the City Manager to execute an Agreement with Midwest Tape, LLC to provide Hoopla Digital Content in an amount not to exceed $75,000 for a term expiring February 9, 2028 (Agreement No. A-2026-011). CITY COUNCIL 9 FEBRUARY 3, 2026 12.Agreement for Payment In-Lieu of Taxes for Properties located at 3601, 3611, 3621, and 3631 S. Harbor Boulevard (APN: 414-261-07) Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager, or designee, to execute the attached Payment In-Lieu of Taxes Agreement with SOCO Harbor, Inc. (Agreement No. 2026-012). 13.Agreement with Trimble Inc. for Public Works Asset Management Software (Specification No. 26-001) (Non-General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Trimble Inc. to provide public works asset management software, in an amount not to exceed $87,777, for a term beginning January 31, 2026 and expiring January 30, 2027 (Agreement No. A-2026-013). 14.American Red Cross Facility Use Agreement for Evacuation Shelters at Specified City Facilities [Santa Ana Senior Center, Roosevelt/Walker Community Center, Garfield Community Center, Salgado Recreation Center, El Salvador Community Center, Jerome Center, Southwest Senior Center] Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with the American National Red Cross, commencing upon signing through December 31, 2035, to allow the Red Cross, upon request and if feasible, to use and occupy specified City facilities to operate evacuation shelters during natural disasters or other large-scale emergencies (Agreement No. A-2026-014). 15.Agreement with Axon Enterprise, Inc. for the Implementation of the Drone as a First Responder System and Patrol Drone Purchase for the Police Department (Non-General Fund - SLESA) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with Axon Enterprise, Inc. to provide the Drone as a First Responder system, patrol drones, and all required software licenses to the Police Department, in an amount not to exceed $682,900 for a term beginning February 3, 2026 and expiring February 2, 2029 (Agreement No. A-2026-015). MINUTES: Councilmember Vazquez expressed concern regarding the use of drones during public protests, would like the Police Oversight Commission to have the ability to provide input when creating the drone policy, and expressed concerns regarding the ethics of AXON technology drone usage. CITY COUNCIL 10 I=EBRUARY 3, 2026 Mayor Pro Tem Penaloza spoke in favor of the drone program and hoped they can assist with illegal fireworks within the city. He asked whether the drones could be used in police pursuits or to monitor immigrations and Customs Enforcement (ICE) within the City. Police Chief Robert Rodriguez clarified the drone program would not assist with vehicle pursuits but could step in if the pursuits turns into a foot pursuit and stated that drone use to monitor ICE could be considered interference with a federal operation. City Attorney Sonia R. Carvalho stated that City Attorney's office would work closely with the Police Department when drafting the policy to address any questions regarding drone monitoring. Mayor Amezcua asked City Attorney Carvalho regarding the possible request by the community to use the drone to monitor ICE and asked for clarification on the difference between the first responder drones and the portable drones. City Attomey Carvalho clarified the policy would limit the use of drones to assist with direct calls for service_ Chief Rodriguez explained the first responder drones would be deployed when a call for service is received to provide real time information before officers arrive on the scene and the portable drones are smaller drones that would be kept in a patrol vehicle to be used for confined spaces. Mayor Amezcua asked for clarification regarding "mission creep" and whether the Police Department would provide any footage captured to ICE. Chief Rodriguez stated that "mission creep"prohibits the drone from being used in proactive enforcement, limits the use of the drones to calls for service, and stated that any footage captured is stored by the department and would not be provided to ICE. MOTION: Mayor Pro Tern Penaloza moved to approve the recommended action for Agenda Item No. 15, seconded by Mayor Amezcua. MINUTES: City Attorney Carvalho clarified the City will continue to fully comply with the Califomia Values Act, SB54, to which the only exception would require a lawful order or subpoena. Councilmember Hernandez asked regarding the drone's 49-minute flight limit, its jurisdictional boundaries, and whether the footage constitutes public record. He also raised concerns regarding privacy and ethics of military equipment, questioned the policies protecting First Amendment protest rights, and requested specific details on drone deployment at 17th and Tustin. Finally, he suggested utilizing drones to assist other city departments. CITY COUNCIL 11 FEBRUARY 3, 2026 SUBSTITUTE MOTION: Councilmember Hernandez moved to remand Item No. 15 to the Police Oversight Commission, seconded by Councilmember Vazquez. MINUTES: Chief Rodriguez clarified that while flight times vary by service call, drones do not record in transit to the call of service, and the footage is treated as a public record similarto body wom cameras. He stated that audit logs will be available to view on a forward-facing website and stated that the use of a drone at the shopping center incident allowed constant aerial monitoring during the 1 1-hour incident. He also stated that Policy 606 is in place to ensure they are able to exercise their right to protest and that drones do not record when monitoring protests. He confirmed that drones can assist the Fire Department and can only operate beyond city limits to support neighboring jurisdictions when requested. Councilmember Bacerra asked regarding the next steps for finalizing the draft policy should the item pass and stated that the current version addresses most public concerns. He also noted the drone's potential to target illegal fireworks and facilitate de- escalation, including during peaceful protests. Chief Rodriguez stated that the department would take input from the Council and will go through an internal department process to finalize the policy. Mayor Amezcua asked whether the current drone at City events is a city drone that records footage and whether the City is in compliance with California's military equipment requirement. City Manager Alvaro Nunez stated the drone belongs to the Parks, Recreation, and Community Services Department and is used to record and photograph promotional footage at city events. City Attorney Carvalho clarified the drone footage would comply with all privacy rights protections in the same way body-worn camera footage is processed for release under a Public Records Act request. Councilmember Hernandez stated that although the Police Department is now in compliance with the California military equipment requirement it was due to the public's overwhelming request during a council meeting after the protest on June 9, 2025. Chief Rodriguez clarified that action to bring the department into compliance with the California military equipment requirement was put in motion before the protest in June. Councilmember Phan spoke regarding the policy's issue of privacy, transparency, and accountability. She asked for clarification regarding the requirement for the drone operator to be in "good standing,"whether the drone footage will be handled and managed similar to the footage captured by the body-worn cameras which is from the same manufacturer, whether probable cause limitations apply to the drones, whether the use of visual enhancement technology limitations is consistent with other types of police searches, and whether proactive policing and the drone being equipped with employing lethal force is CITY COUNCIL 12 FEBRUARY 3, 2026 prohibited. Chief Rodriguez clarified that the drone operator will go through an internal review to determine whether they qualify to be a drone operator and clarified the footage will be handled and managed through the same platform as the body-worn cameras. He confirmed the use of visual enhancement technology limitations is consistent with other types of police searches and stated that artificial intelligence is not used for any decision-making rather used for algorithms such as inside structures or in the air with other drones. CityAttomey Carvalho confirmed that the drones are still bound by the same probable cause limitations that police officers have. Councilmember Vazquez inquired about potential drone use to intersect criminal activity by other agencies and prosecute those committing the crimes and expressed concern regarding the use of AXON technology. City Attorney Carvalho noted body worn camera or drone footage of crime footage could be used to prosecute those committing a crime. Councilmember Lopez inquired about the determination behind sole source or going through the RFP process and concern for centralized data sharing with third party vendors. Chief Rodriguez reported that the proposed agreement was reviewed and presented in accordance with Municipal Code Section 2-807. Councilmember Phan requested clarification regarding the Santa Ana Police Departments role in an incident where projectiles were deployed and injured protestors, inquired about the disclosure of drone footage with a subpoena, and requested that future items go through the Police Oversight Commission before being presented to the Council. Chief Rodriguez clarified that SAPD was on scene solely to provide coverage to OCFA, while they provided medical care. City Attorney Carvalho reported that most general response drone footage is subject to disclosure with the appropriate redactions, including via a subpoena request. CITY COUNCIL 13 FEBRUARY 3, 2026 SUBTITUTE MOTION: Councilmember Hernandez moved to remand Item No. 15 to the Police Oversight Commission, seconded by Councilmember Vazquez. The motion carried, 4--3, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER VAZQ U EZ NOES: COUNCILMEMBER BACERRA, COUNCILMEMBER LOPEZ, COUNCILMEMBER PHAN, MAYOR PRO TEM PENALOZA, MAYOR AM EZC UA ABSTAIN: NONE ABSENT: NONE Status: 2—5 —Fail MOTION: Mayor Pro Tern Penaloza moved to approve the recommended action for Agenda Item No. 16, seconded by Mayor Amezcua. The motion carried, 4-3, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER PHAN, MAYOR PRO TEM PENALOZA, MAYOR AMEZCUA NOES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER VAZQUEZ ABSTAIN: NONE ABSENT: NONE Status: 4—3 —Pass 16.Resolution for Police Oversight Commission Bylaws Department(s): City Manager's Office Recommended Action: Adopt a Resolution for the Police Oversight Commission Bylaws. RESOLUTION NO. 2026-001 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING INITIAL BYLAWS FOR THE POLICE OVERSIGHT COMMISSION 17.Second Reading and Adoption of an Ordinance Amending Chapter 2 of the Santa Ana Municipal Code as to Section 2-748 Specifying the Procurement and Contracting Procedure for Vehicle and Vehicle Related Equipment Purchases First reading January 20, 2026 City Council meeting and approved by a vote of (7- 0). Legal notice published in OC Reporter on January 23, 2026. Department(s): Public Works Agency CITY COUNCIL 14 FEBRUARY 3, 2026 Recommended Action: Conduct a second reading and adopt an ordinance amending Section 2-748 of Article VII, of Chapter 2 of the Santa Ana Municipal Code (SAMC) specifying the procurement and contracting procedure for vehicle and vehicle related equipment purchases. ORDINANCE NO. NS-3089 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE AS TO SECTION 2-748 SPECIFYING THE PROCUREMENT AND CONTRACTING PROCEDURE FOR VEHICLE AND VEHICLE RELATED EQUIPMENT PURCHASES **END OF CONSENT CALENDAR'"* PUBLIC HEARING CANCELLED BY STAFF AND TO BE RENOTICED FOR FEBRUARY 17, 2026 CITY COUNCIL MEETING PUBLIC HEARING 18.Public Hearing - Appeal Application No. 2025-02 Appealing the Planning Commission Approval of Conditional Use Permit No. 1982-18-MOD-1 to Allow the Expansion of a Private School at 5311 W. McFadden Avenue Legal notice published in the OC Reporter on January 23, 2026 and notices mailed on same date. Department(s): Planning and Building Agency, Orange County Fire Authority Recommended Action: Adopt a resolution denying Appeal Application No. 2025-02, thereby upholding the Planning Commission's approval of a resolution to approve Conditional'Use Permit No. 1982-18-MOD-1 allowing the expansion of a private school at 5311 W. McFadden Avenue (APN 108-073-13). RESOLUTION NO. 2026-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL APPLICATION NO. 2025-02 AND UPHOLDING THE DETERMINATION OF THE PLANNING COMMISSION TO APPROVE CONDITIONAL USE PERMIT NO. 1982-18-MOD-1 AS CONDITIONED TO FACILITATE THE CONSTRUCTION OF A NEW PRIVATE SCHOOL BUILDING WITHIN AN EXISTING CHURCH CAMPUS LOCATED AT 5311 WEST MCFADDEN AVENUE (APN: 108-073- 13). **END OF PUBLIC HEARING** COUNCILMEMBER REQUESTED ITEM 19.Discuss and Consider Providing Direction to the City Manager to Prepare a Public Report and Direct the Police Oversight Commission to Hold a Public Hearing Regarding Law Enforcement Response to a Demonstration at the Santa Ana Civic Center— Councilmember Vazquez CITY COUNCIL 15 FEBRUARY 3, 2026 MINUTES: Councilmember Vazquez stated the item was brought forward based on concerns regarding Santa Ana Police Department's (SAPD) use of force during public demonstration that occurred in June 2025 and requested a report to show transparency and accountability. Councilmember Penaloza spoke in support of the item. Mayor Amezcua voiced concerns regarding SAPD testifying in front of the Police Oversight Commission. City Attorney Sonia Carvalho clarified the Police Oversight Commission would make recommendations based on reports regarding use of force complaints received from SAPD to the Council, Chief of Police, and City Manager. Chief of Police Robert Rodriguez explained the Police Department has received complaints and a claim against the City regarding use-of-force allegations that are currently pending review to ensure the department's actions are compliant with all applicable with laws, confidentiality, accordance with the Peace Officers Bill of Rights (POBAR), and civil liability to the City. Mayor Amezcua asked whether having police officers presenting testimony to the Commission puts the City at liability. City Attorney Carvalho explained that presenting to the Commission would mean all parties involved would need to be compliant. Councilmember Vazquez requested police officers who were present at the scenes related to the use-of-force complaints provide reports detailing what occurred and relevant body-worn camera footage be reviewed as part of the reporting process. Councilmember Bacerra preferred allowing the Police Oversight Commission to complete the investigation before the involvement of the Council. Councilmember Hernandez spoke in support of the item and suggested the Chief of Police or an appointed Commander be the representative to present findings regarding complaints. Councilmember Phan spoke in support of the item. Mayor Amezcua spoke in support of the item with the City Attorney, City Manager, Chief of Police, and herself present for the testimony, inquired who is requesting the reports and reason for them, whether members of the Council are able to present, and whether the meeting would have to become a joint special meeting. City Attorney Carvalho recommended elected officials not attend subordinate commission meetings, however if they do attend, to not participate, and if they would like to participate then suggested holding a joint special meeting with the Council. CITY COUNCIL 16 FEBRUARY 3, 2026 Councilmember Vazquez explained he requested the reports and they are for transparency to the community. Mayor Amezcua suggested all findings from complaints with civilians and police officers should be presented for full transparency. Councilmember Bacerra spoke in opposition to a joint special meeting with the Police Oversight Commission, asked whether complaints regarding SAPD should go before the Commission or Council and if public comments can be made regarding investigations, and the Commission's process regarding complaints and investigations. Chief Rodriguez explained the Commissioners had already received some complaints, however not all complaints would go to the Commission for review based on the current ordinance, and stated complaints would go before the Commission during a Closed Session meeting and public comments can be made regarding closed session items. City Attorney Carvalho clarified the Police Oversight Commission's process regarding complaints and investigations. Discussion ensued regarding the process and the item. Councilmember Lopez stated the Council should be present forthe meeting to allow for transparency to the community. City Manager Nunez clarified the process behind the requested item. Mayor Amezcua rescinded her support for the item, echoed Councilmember Lopez's comments, and requested the item be brought back for discussion. Discussion ensued regarding the direction of the item, ultimately to return to City Council. CITY MANAGER COMMENTS MINUTES:None. COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. MINUTES: Councilmember Vazquez spoke in support of the families of Kingsley Mobile Home Park, wished all a Happy Black History Month, and expressed excitement to attend the Black History Parade, Tet Lunar New Year Festival, and the Downtown Art Walk He CITY COUNCIL 17 FEBRUARY 3, 2026 spoke regarding the Police Oversight Commission agendizing items. City Manager Alvaro Nunez reported that the Police Oversight Commission has agendized various topics including: U-visas, Bylaws, vehicle pursuits, military equipment, and the appointment of an Oversight Director, all in accordance with the Municipal Code. Councilmember Lopez thanked the Parks and Recreation Department for their hard work, thanked everyone who attended her January office hours, wished everyone a meaningful and reflective Black History Month, announced her participation in the parade, and wished her grandmother a Happy Birthday. Councilmember Phan thanked the City Attorney for her report out for Closed Session Item No. 3, thanked staff for their hard work regarding the investigation, hoped the public understands that allegations of misconduct are taken seriously no matter the position the accused holds, addressed the importance of maintaining decorum, invited everyone to attend the Tef Lunar New Year Festival on Saturday February 7, 2026, at Centennial Park and announced the next City Council Meeting on February 17, 2026 will be on Lunar New Year. Councilmember Hernandez thanked the public for their participation, thanked staff for their hard work, wished everyone a Happy Black History Month, and invited everyone to attend the Black History Parade and Tef Lunar New Year Festival on Saturday February 7, 2026. He spoke in support of the residents of Kingsley Mobile Home Park, spoke regarding the deaths of Renee Good and Alex Pretti in Minnesota, the Second Amendment, and an officer involved shooting in the City, thanked the community for their support during his investigation, and expressed the importance of standing up for residents'rights and safety. Councilmember Bacerra announced his upcoming community office hours on Saturday February 7, 2026 at Lillie King Park, spoke regarding the eviction of residents of Kingsley Mobile Home Park and requested staff look into the situation, thanked staff for updating the City website related to calls for service at pennanent supportive housing locations in the City, and wished everyone a Happy Tet Lunar New Year and good night. Mayor Pro Tern Penaloza thanked staff for their hard work, wished everyone a Happy Tef Lunar New Year, and wished Mayor Amezcua an early Happy Birthday. Mayor Amezcua thanked the Councilmembers who attended the Special Meeting on January 23, 2026, announced her annual Prayer Breakfast on Thursday, February 5, 2026 at Templo Calvario, reported her attendance at the production of Alice in Wonderland presented by Santiago Tk-8 Elementary School, requested an investigation on a compliant filed regarding the Chicano Festival, and asked for a showing of the drones to the community. CITY COUNCIL. 18 FFBRUARY 3, 2026 ADJOURNMENT—Adjourn the City Council meeting. MINUTES: Mayor Amezcua adjourned the City Council Meeting at 91:20 P.M. Respectfully submitted: Jennifer- Hall, MC City Cler CITY COUNCIL 19 FEBRUARY 3, 2026