Benjamin VazquezVoted no
4:09:45Wanted the clauses blaming the 2022 state law struck and a city permitting programme added.
7March
2023
2023
Special Closed Session and Regular City Council Meeting · One key issue
The council adopted a resolution on unpermitted sidewalk food vending five votes to two, urging the state to hand local control back to cities.
▶ Check this moment · 4:35:24
5.9 hours
24 agenda items
23 located in video
58% attributed to a named speaker
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What happened
Tuesday, March 7, 2023
- 01
Councilmember Vazquez and Councilmember Hernandez voted against after their amendments, which would have set up a city permitting programme and named local street vendors among the people the city protects, were passed over by a substitute motion.
▶4:21:27Explore this issue
Related agenda item 16Open agenda item →A Resolution of the City Council of the City of Santa Ana Affirming its Dedication and its Priority to Protect the Health, Safety…
Member positions
Johnathan Ryan HernandezVoted no4:14:55Wanted local street vendors named among those the city protects and an education first approach.
Valerie AmezcuaVoted yes4:27:27Said the stands had already begun to disappear and asked the police for figures on attacks on vendors.
Thai Viet PhanVoted yes4:22:36Supported it as aimed at corporate stationary vendors, and asked that roaming vendors be helped to permits.
Jessie LopezVoted yes4:21:43Worked through the two proposed amendments and voted for the resolution.
Phil BacerraVoted yes4:12:34Refused the amendments and said the item has always been about stationary stands selling unsafe food.
David PenalozaVoted yes4:21:27Moved the resolution as written by staff.
- 02
Councilmember Hernandez said the resolution risked frightening a community already living with violence, and had not even been written in Spanish.
▶4:14:55Explore this issue
Related agenda item 16Open agenda item →A Resolution of the City Council of the City of Santa Ana Affirming its Dedication and its Priority to Protect the Health, Safety…
Member positions
Benjamin VazquezVoted no4:09:45Wanted the clauses blaming the 2022 state law struck and a city permitting programme added.
Johnathan Ryan HernandezVoted no4:14:55Wanted local street vendors named among those the city protects and an education first approach.
Valerie AmezcuaVoted yes4:27:27Said the stands had already begun to disappear and asked the police for figures on attacks on vendors.
Thai Viet PhanVoted yes4:22:36Supported it as aimed at corporate stationary vendors, and asked that roaming vendors be helped to permits.
Jessie LopezVoted yes4:21:43Worked through the two proposed amendments and voted for the resolution.
Phil BacerraVoted yes4:12:34Refused the amendments and said the item has always been about stationary stands selling unsafe food.
David PenalozaVoted yes4:21:27Moved the resolution as written by staff.
- 03
Mayor Amezcua said the stands had largely disappeared once code enforcement, the police and the county worked together, and that the city has done all the educating it can.
▶4:27:27Explore this issue
Related agenda item 16Open agenda item →A Resolution of the City Council of the City of Santa Ana Affirming its Dedication and its Priority to Protect the Health, Safety…
Member positions
Benjamin VazquezVoted no4:09:45Wanted the clauses blaming the 2022 state law struck and a city permitting programme added.
Johnathan Ryan HernandezVoted no4:14:55Wanted local street vendors named among those the city protects and an education first approach.
Valerie AmezcuaVoted yes4:27:27Said the stands had already begun to disappear and asked the police for figures on attacks on vendors.
Thai Viet PhanVoted yes4:22:36Supported it as aimed at corporate stationary vendors, and asked that roaming vendors be helped to permits.
Jessie LopezVoted yes4:21:43Worked through the two proposed amendments and voted for the resolution.
Phil BacerraVoted yes4:12:34Refused the amendments and said the item has always been about stationary stands selling unsafe food.
David PenalozaVoted yes4:21:27Moved the resolution as written by staff.
- 04
The plan to cap ceremonial street names at two blocks was continued to May on a four to three vote, so staff could survey residents first.
▶4:59:00Explore this issue
Related agenda item 17Open agenda item →Ordinance Amending Article XI Of Chapter 33 Of The Santa Ana Municipal Code (Streets Sidewalks And Public Works) Related To…
Member positions
Benjamin VazquezVoted no4:45:47Seconded, saying each ward should judge for itself.
Johnathan Ryan HernandezVoted no4:48:55Moved to keep the existing policy, saying it lets a community decide who it honours and how.
Jessie LopezRaised concerns4:54:48Backed the cap in principle but would not limit connected neighbourhoods to two blocks.
Valerie AmezcuaVoted yes4:58:26Moved to continue the item and asked staff to survey the community first.
Phil BacerraVoted yes4:58:28Seconded the motion to continue.
David PenalozaVoted yes4:53:03Said without a uniform rule the city will look a mess in fifteen years.
- 05
Every member backed exploring the conversion of the city's parcels in the Riverview golf course into parkland, a project Congressman Correa has been pressing for.
▶5:26:51Explore this issue
Related agenda item 20Open agenda item →Discuss and Consider Directing the City Manager and City Attorney to Direct Staff to Prepare an Ordinance Amending Section 8-6 of…
No named councilmember contribution could be reliably linked to this item.
- 06
Councilmember Phan, taking part from home with covid, won support for an ordinance making larger developers disclose their subcontractors and any state findings against them.
▶4:36:08Explore this issue
Related agenda item 16Open agenda item →A Resolution of the City Council of the City of Santa Ana Affirming its Dedication and its Priority to Protect the Health, Safety…
Member positions
Benjamin VazquezVoted no4:09:45Wanted the clauses blaming the 2022 state law struck and a city permitting programme added.
Johnathan Ryan HernandezVoted no4:14:55Wanted local street vendors named among those the city protects and an education first approach.
Valerie AmezcuaVoted yes4:27:27Said the stands had already begun to disappear and asked the police for figures on attacks on vendors.
Thai Viet PhanVoted yes4:22:36Supported it as aimed at corporate stationary vendors, and asked that roaming vendors be helped to permits.
Jessie LopezVoted yes4:21:43Worked through the two proposed amendments and voted for the resolution.
Phil BacerraVoted yes4:12:34Refused the amendments and said the item has always been about stationary stands selling unsafe food.
David PenalozaVoted yes4:21:27Moved the resolution as written by staff.
- 07
On the senior citizens commission the mayor asked for in January, staff recommended two extra seats on the parks and recreation commission instead, and the council agreed while asking that the seats not be in its own gift.
▶5:10:15Explore this issue
Related agenda item 18Open agenda item →Senior Citizens Commission Informational Report
What councilmembers said
Representative transcript excerpts—not inferred positions.
David PenalozaCouncilmember5:04:36I, when this conversation has come up a couple times in the last couple of years, and I think the last time it came up was in early 2021, which we were all virtual, we were all remote, And at the time, I believe the Parks and Rec director also made a similar…
Valerie AmezcuaMayor5:10:39they may you know we need to be cognizant of what their needs are as well and And then it's not just park rec. Community service is very important because of food resources for them and transportation. And what are their needs? And so I know you'll do a great…
Phil BacerraCouncilmember5:07:20Thank you, Madam Mayor. Thank you, Council Member Penaloza, for those comments. I agree. I think option number two is the preferred one. But you brought up something, Council Member Penaloza, in regards to the appointments. So Mayor and then Mayor Pro Tem, the…
Thai Viet PhanCouncilmember5:12:38I apologize. No worries. The only thing, first of all, thank you so much staff for doing all the background on this. I know Mayor Pro Tem Lopez had brought it up and Mayor Omescu, thank you to you too. The only question I had was that it says that the member…
How this brief was made
The current summaries were prepared during an in-session review of the transcripts. This prototype shows only sentences with a timestamp citation. 0 uncited sentences were withheld from this page.
Focus
Where they differed
Splits in votes or reasoning
The sidewalk vending resolution passed five votes to two, the dissenters wanting it paired with a route into permits for local vendors rather than enforcement alone.
Wanted the clauses blaming the 2022 state law struck and a city permitting programme added.
Wanted local street vendors named among those the city protects and an education first approach.
Said the stands had already begun to disappear and asked the police for figures on attacks on vendors.
Supported it as aimed at corporate stationary vendors, and asked that roaming vendors be helped to permits.
Worked through the two proposed amendments and voted for the resolution.
Refused the amendments and said the item has always been about stationary stands selling unsafe food.
Moved the resolution as written by staff.
Whether to cap ceremonial street names at two blocks or leave the number to the community asking for them; the item was continued to May four votes to three.
Seconded, saying each ward should judge for itself.
Moved to keep the existing policy, saying it lets a community decide who it honours and how.
Backed the cap in principle but would not limit connected neighbourhoods to two blocks.
Moved to continue the item and asked staff to survey the community first.
Seconded the motion to continue.
Said without a uniform rule the city will look a mess in fifteen years.
Agenda
Every item
24 items in agenda order
Closed Session Items
▶45:02 Closed-session conference with legal counsel
Closed Session Items
▶45:02 Closed-session labor negotiations with city employee organizations
- The council met privately with its labour negotiator about talks with four city employee groups.50:48
Closed Session Items
▶3:57:55 CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: A. Property Address: 201 S. Mountain View and…
- The council met privately with its property negotiator about buying two parcels at South Mountain View and West First Street.50:48
Ceremonial Presentations
▶4:01:27 Certificates of Recognition presented by Mayor Amezcua to the City’s Executive Assistants and Executive Secretaries in Honor of…
- Mayor Amezcua presented certificates to the city's executive assistants and secretaries for Women's History Month, calling them the backbone of every department.3:06:15
Ceremonial Presentations
Not located Proclamation presented by Councilmember Bacerra declaring March 2023 as Arts in Education Month
- Councilmember Bacerra presented a proclamation declaring March 2023 Arts in Education Month, accepted by the school district's visual and performing arts coordinator.3:13:25
Consent Calendar
▶3:57:55 Excused Absences
- A routine item excusing members who missed earlier meetings, approved with the rest of the consent calendar.4:00:05
Consent Calendar
▶4:00:21 Appoint David Crockett Nominated by Mayor Pro Tem Lopez as the Ward 3 Representative to the Personnel Board for a Partial-Term…
- David Crockett was appointed to the Personnel Board as the Ward 3 representative and sworn in.4:00:21
Consent Calendar
▶3:58:50 Appoint Carlos Perea Nominated by Councilmember Vazquez as the Ward 2 Representative to the Police Oversight Commission for a…
- Carlos Perea was appointed to the police oversight commission as the Ward 2 representative.4:00:05
Consent Calendar
▶3:58:50 Receive and File Quarterly Report of Investments as of December 31, 2022
- The quarterly report on the city's investments to the end of December, received and filed.4:00:05
Consent Calendar
▶3:58:50 Receive and File Quarterly Report of Contracts up to $50,000 for Non-Public Works and up to $250,000 for Public Works Authorized by…
- The quarterly report on contracts the city manager signed under her own authority, received and filed.4:00:05
Consent Calendar
▶3:58:50 Final Payment to Naphcare, Inc. in the amount of $66,772 for Inmate Medical Services (General Fund)
- A final payment of $66,772 to Naphcare for medical care of people held in city custody.4:00:05
Consent Calendar
▶3:58:50 Award Blanket Order Contracts to HD Supply, Snap-on, WESCO Distribution, Inc; and White Cap, LP for Maintenance, Repair, and…
- Blanket contracts with four suppliers for maintenance and repair materials, up to $565,000 a year.4:00:05
Consent Calendar
▶4:01:30 Award a Construction Contract to Excel Paving Co. in the Amount of $1,798,800.00 for the West Willits Protected Bike Lanes from…
- A construction contract of $1,798,800 with Excel Paving for protected cycle lanes on West Willits between Fairview and Raitt, at a total project cost of $2,277,000.4:03:26
- Councilmember Penaloza pulled it to show residents why work approved in 2019 only reaches construction now, and staff explained that funding, design, engineering and bidding each take time.4:04:22
- He asked that protected lanes be planted rather than fenced with plastic posts, and staff said this one is landscaped for part of its length.4:06:46
- Councilmember Hernandez thanked the public works department for the pace of street work.4:08:06
- It passed six votes to nothing with Mayor Pro Tem Lopez briefly out of the room.4:09:29
Consent Calendar
▶3:58:50 Approve an Amendment to the FY 2022-23 Capital Improvement Program for $752,471.25 and Award a Construction Contract to…
Consent Calendar
▶3:58:50 Approve an Appropriation Adjustment, and Award a Construction Contract to Elecnor Belco Electric, Inc., in the Amount of $493,244.76…
- A construction contract of $493,244 for a traffic signal at Bristol Street and Santa Clara Avenue.4:00:05
Consent Calendar
▶4:00:07 Approve a Loan Agreement with North Broadway Housing Partners LP (C/O Jamboree Housing Corporation and WISEPlace) for a total of…
Consent Calendar
▶3:58:50 Resolution Accepting the In-Kind Donation for the Repair and Resurfacing of the Basketball Court at Portola Park
- A resolution accepting a donated repair and resurfacing of the basketball court at Portola Park.4:00:05
Consent Calendar
▶3:58:50 Adopt a Resolution Authorizing Grant Application Submission for California Department of Water Resources 2022 Urban and Community…
- A resolution authorising a grant application to the state's urban and community drought relief programme.4:00:05
Consent Calendar
▶4:11:11 A Resolution of the City Council of the City of Santa Ana Affirming its Dedication and its Priority to Protect the Health, Safety…
- A resolution committing the city to enforcing sidewalk vending rules and urging the state legislature to let cities write their own.4:11:14
- Councilmember Vazquez said the stands appeared before the 2022 state law took effect and asked that three clauses blaming that law be struck.4:09:45
- He moved to add a city permitting programme and help for local vendors through the county permit process.4:11:14
- Councilmember Hernandez backed him and added amendments naming local street vendors among those the city protects, saying the resolution had not even been written in Spanish.4:14:55
- Councilmember Bacerra refused the amendments, saying the item has always been about stationary stands selling food unfit to eat and about people who run when enforcement arrives.4:12:34
- Councilmember Phan said the target is corporate stationary vendors rather than the mobile carts that have been part of the city for generations, and asked that roaming vendors be helped towards county permits.4:22:36
- Mayor Amezcua asked the police for the number of actual attacks on street vendors in the city, and said the pop-up stands had already begun to disappear.4:27:27
- Councilmember Penaloza moved the resolution as written and it passed five votes to two.4:35:24
Business Calendar
▶4:44:28 Ordinance Amending Article XI Of Chapter 33 Of The Santa Ana Municipal Code (Streets Sidewalks And Public Works) Related To…
- First reading of an ordinance capping ceremonial street names at two contiguous blocks of one street, with a sign at each end.4:43:08
- Councilmember Hernandez moved instead to keep the existing policy.4:45:27
- He said the policy exists so a community can decide who it honours and how many signs it wants, and described the Helen Shipway and Black History Square naming at Willits and Raitt as the community's own request.4:48:55
- Councilmember Vazquez seconded, saying each ward should judge for itself how its neighbourhoods are portrayed.4:45:47
- Councilmember Penaloza said without a uniform rule the city will look a mess in fifteen years.4:53:03
- Mayor Pro Tem Lopez said neighbourhoods are connected and she would not limit one of them to two blocks.4:54:48
- Mayor Amezcua asked staff for a community survey and moved to continue the item, which carried four votes to three.4:59:00
Business Calendar
▶4:59:11 Senior Citizens Commission Informational Report
- Staff came back on the senior citizens commission the mayor asked for in January, having looked at what neighbouring cities do.4:59:47
- Councilmember Vazquez asked what a commission would cost and then backed the staff recommendation to add two seats to the parks and recreation commission instead.5:04:16
- Councilmember Penaloza said a separate commission would duplicate work already being done, and asked that the two seats not simply be the mayor's and mayor pro tem's appointments.5:04:27
- He suggested the two senior centres put forward their own members instead.5:08:28
- Councilmember Bacerra asked for options where an outside organisation makes one of the appointments.5:07:20
- Mayor Pro Tem Lopez agreed the seats should not be in the gift of two members of the council.5:11:43
- Councilmember Phan asked that a senior be defined as sixty five and over rather than fifty five.5:12:38
- Mayor Amezcua supported the recommendation and asked that meeting times suit older residents.5:10:15
Work Study Session
▶5:16:35 Environmental Sanitation and Roadway Cleaning Fee Work Study Session
- A work study session on the environmental sanitation and roadway cleaning fee, which is $5.35 a month on about 89,000 units and raises $6,200,000 a year.5:14:36
- Staff said the street sweeping contractor has asked to almost double its rate, that state rules now require prevailing wages for sweeper operators, and that a new tender would also cover cycle lanes, alleys weekly and arterial roads twice a week.5:16:42
- They expect to know the likely rate by the autumn, once bids are in and a cost study is done.5:21:56
- Councilmember Vazquez asked that a rate rise and new services not be put to residents as one package.5:20:40
- Councilmember Bacerra noted the extra pavement cleaning caused by sidewalk vending comes with no state money attached.5:22:39
- Mayor Amezcua said the city already has the highest sales tax in the county and asked why cleaning up after homeless encampments is charged to this fee rather than the general fund.5:24:42
Councilmember Requested Items
▶4:38:13 Discuss and Consider Directing the City Manager and City Attorney to Direct Staff to Prepare an Ordinance Amending Section 8-6 of…
- Councilmember Phan asked staff to draft an ordinance making developers of twenty or more homes, or 20,000 square feet of commercial space, disclose their subcontractors and any state violations or fines against them.4:36:08
- Councilmember Penaloza said it is something the city already asks for but without any teeth.4:39:42
- Councilmember Bacerra asked that the ordinance also confirm subcontractors hold city business licences.4:40:18
- Mayor Pro Tem Lopez said San Diego already has something similar that staff could work from.4:41:05
- Carpenters union representatives told the council they regularly see workers dividing pay cheques between themselves to pay labour traffickers.3:26:20
- Every member supported it and the mayor asked for the ordinance by the second meeting in April.4:41:52
Councilmember Requested Items
▶5:35:29 Discuss and Consider Directing the City Manager to Direct Staff to Explore the Feasibility of the Conversion of the City of Santa…
- Mayor Pro Tem Lopez and Councilmember Hernandez asked staff to look at turning the city's parcels in the Riverview golf course into parkland, noting only four per cent of the city's land is open space.5:26:51
- Councilmember Hernandez said the park would run from Fifth Street to Memory Lane across two wards.5:28:43
- Speakers from the Wildlands Conservancy and from Congressman Correa's office said the site already has parking, irrigation and buildings and could be an oasis on the river.3:32:23
- Councilmember Penaloza asked staff to chase state and federal money while it is available, and said residents on Olona Street keep buckets of golf balls that have come through their windows.5:29:31
- Councilmember Bacerra supported it but said the wards south of 17th Street are the ones short of park space.5:32:36
- Every member supported it, with a resolution to come back at the first meeting in April.5:34:20
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