30October
2023
Special City Council Meeting · One key issue

A special meeting called to consider a letter from the county registrar of voters about the Ward 3 recall election set for 14 November.

Check this moment · 3:35:15
3.9 hours 3 agenda items 1 located in video 25% attributed to a named speaker
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Brief

What happened

Monday, October 30, 2023

  1. 01

    Councilmember Hernandez said the certification had been done against the wrong ward map, that the recall is legally insufficient, and moved to rescind the election.

    3:39:42
    Explore this issue
    Related agenda item 3

    Review and Discuss the Letter Received from Orange County Registrar of Voters Bob Page Dated October 26, 2023 Pertaining to the…

    Open agenda item →

    Member positions

    Valerie Amezcua
    Valerie AmezcuaVoted no

    Voted against cancelling the election.

    3:50:53
    Phil Bacerra
    Phil BacerraVoted no

    Established the registrar has not rescinded its certificate and said the city should not carry the registrar's errors.

    3:45:58
    David Penaloza
    David PenalozaVoted no

    Voted against cancelling the election.

    3:50:53
    Thai Viet Phan
    Thai Viet PhanVoted yes

    Said there were never enough valid signatures under the 2020 map, whoever is being recalled.

    3:42:07
    Benjamin Vazquez
    Benjamin VazquezVoted yes

    Seconded, saying the petition falls more than 230 signatures short on the correct map.

    3:41:03
    Johnathan Ryan Hernandez
    Johnathan Ryan HernandezVoted yes

    Moved to rescind the election, saying the recall is legally insufficient.

    3:39:42
  2. 02

    Councilmember Vazquez said that on the correct 2020 map the petition falls more than 230 signatures short and about 1,100 voters are shut out.

    3:41:03
    Explore this issue
    Related agenda item 3

    Review and Discuss the Letter Received from Orange County Registrar of Voters Bob Page Dated October 26, 2023 Pertaining to the…

    Open agenda item →

    Member positions

    Valerie Amezcua
    Valerie AmezcuaVoted no

    Voted against cancelling the election.

    3:50:53
    Phil Bacerra
    Phil BacerraVoted no

    Established the registrar has not rescinded its certificate and said the city should not carry the registrar's errors.

    3:45:58
    David Penaloza
    David PenalozaVoted no

    Voted against cancelling the election.

    3:50:53
    Thai Viet Phan
    Thai Viet PhanVoted yes

    Said there were never enough valid signatures under the 2020 map, whoever is being recalled.

    3:42:07
    Benjamin Vazquez
    Benjamin VazquezVoted yes

    Seconded, saying the petition falls more than 230 signatures short on the correct map.

    3:41:03
    Johnathan Ryan Hernandez
    Johnathan Ryan HernandezVoted yes

    Moved to rescind the election, saying the recall is legally insufficient.

    3:39:42
  3. 03

    Councilmember Phan said the only question is whether there were ever enough valid signatures on the 2020 map, and that the answer is no whoever is being recalled.

    3:42:07
    Explore this issue
    Related agenda item 3

    Review and Discuss the Letter Received from Orange County Registrar of Voters Bob Page Dated October 26, 2023 Pertaining to the…

    Open agenda item →

    Member positions

    Valerie Amezcua
    Valerie AmezcuaVoted no

    Voted against cancelling the election.

    3:50:53
    Phil Bacerra
    Phil BacerraVoted no

    Established the registrar has not rescinded its certificate and said the city should not carry the registrar's errors.

    3:45:58
    David Penaloza
    David PenalozaVoted no

    Voted against cancelling the election.

    3:50:53
    Thai Viet Phan
    Thai Viet PhanVoted yes

    Said there were never enough valid signatures under the 2020 map, whoever is being recalled.

    3:42:07
    Benjamin Vazquez
    Benjamin VazquezVoted yes

    Seconded, saying the petition falls more than 230 signatures short on the correct map.

    3:41:03
    Johnathan Ryan Hernandez
    Johnathan Ryan HernandezVoted yes

    Moved to rescind the election, saying the recall is legally insufficient.

    3:39:42
  4. 04

    Councilmember Bacerra established from the clerk that the registrar has not rescinded its certificate and that the October letter did not rescind it either.

    3:45:44
    Explore this issue
    Related agenda item 3

    Review and Discuss the Letter Received from Orange County Registrar of Voters Bob Page Dated October 26, 2023 Pertaining to the…

    Open agenda item →

    Member positions

    Valerie Amezcua
    Valerie AmezcuaVoted no

    Voted against cancelling the election.

    3:50:53
    Phil Bacerra
    Phil BacerraVoted no

    Established the registrar has not rescinded its certificate and said the city should not carry the registrar's errors.

    3:45:58
    David Penaloza
    David PenalozaVoted no

    Voted against cancelling the election.

    3:50:53
    Thai Viet Phan
    Thai Viet PhanVoted yes

    Said there were never enough valid signatures under the 2020 map, whoever is being recalled.

    3:42:07
    Benjamin Vazquez
    Benjamin VazquezVoted yes

    Seconded, saying the petition falls more than 230 signatures short on the correct map.

    3:41:03
    Johnathan Ryan Hernandez
    Johnathan Ryan HernandezVoted yes

    Moved to rescind the election, saying the recall is legally insufficient.

    3:39:42
  5. 05

    He said the city should not take responsibility for the registrar's errors.

    3:45:58
    Explore this issue
    Related agenda item 3

    Review and Discuss the Letter Received from Orange County Registrar of Voters Bob Page Dated October 26, 2023 Pertaining to the…

    Open agenda item →

    Member positions

    Valerie Amezcua
    Valerie AmezcuaVoted no

    Voted against cancelling the election.

    3:50:53
    Phil Bacerra
    Phil BacerraVoted no

    Established the registrar has not rescinded its certificate and said the city should not carry the registrar's errors.

    3:45:58
    David Penaloza
    David PenalozaVoted no

    Voted against cancelling the election.

    3:50:53
    Thai Viet Phan
    Thai Viet PhanVoted yes

    Said there were never enough valid signatures under the 2020 map, whoever is being recalled.

    3:42:07
    Benjamin Vazquez
    Benjamin VazquezVoted yes

    Seconded, saying the petition falls more than 230 signatures short on the correct map.

    3:41:03
    Johnathan Ryan Hernandez
    Johnathan Ryan HernandezVoted yes

    Moved to rescind the election, saying the recall is legally insufficient.

    3:39:42
  6. 06

    Two motions each failed three votes to three, so the election went ahead as called.

    3:50:51
    Explore this issue
    Related agenda item 3

    Review and Discuss the Letter Received from Orange County Registrar of Voters Bob Page Dated October 26, 2023 Pertaining to the…

    Open agenda item →

    Member positions

    Valerie Amezcua
    Valerie AmezcuaVoted no

    Voted against cancelling the election.

    3:50:53
    Phil Bacerra
    Phil BacerraVoted no

    Established the registrar has not rescinded its certificate and said the city should not carry the registrar's errors.

    3:45:58
    David Penaloza
    David PenalozaVoted no

    Voted against cancelling the election.

    3:50:53
    Thai Viet Phan
    Thai Viet PhanVoted yes

    Said there were never enough valid signatures under the 2020 map, whoever is being recalled.

    3:42:07
    Benjamin Vazquez
    Benjamin VazquezVoted yes

    Seconded, saying the petition falls more than 230 signatures short on the correct map.

    3:41:03
    Johnathan Ryan Hernandez
    Johnathan Ryan HernandezVoted yes

    Moved to rescind the election, saying the recall is legally insufficient.

    3:39:42
  7. 07

    The city attorney twice reminded members that closed session advice cannot be discussed in public without a waiver.

    3:40:19
    Explore this issue
    Related agenda item 3

    Review and Discuss the Letter Received from Orange County Registrar of Voters Bob Page Dated October 26, 2023 Pertaining to the…

    Open agenda item →

    Member positions

    Valerie Amezcua
    Valerie AmezcuaVoted no

    Voted against cancelling the election.

    3:50:53
    Phil Bacerra
    Phil BacerraVoted no

    Established the registrar has not rescinded its certificate and said the city should not carry the registrar's errors.

    3:45:58
    David Penaloza
    David PenalozaVoted no

    Voted against cancelling the election.

    3:50:53
    Thai Viet Phan
    Thai Viet PhanVoted yes

    Said there were never enough valid signatures under the 2020 map, whoever is being recalled.

    3:42:07
    Benjamin Vazquez
    Benjamin VazquezVoted yes

    Seconded, saying the petition falls more than 230 signatures short on the correct map.

    3:41:03
    Johnathan Ryan Hernandez
    Johnathan Ryan HernandezVoted yes

    Moved to rescind the election, saying the recall is legally insufficient.

    3:39:42
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

Split voteon “Review and Discuss the Letter Received from Orange County Registrar of Voters Bob Page Dated October 26, 2023 Pertaining to the…”3:50:51

Whether to cancel the Ward 3 recall election after the registrar said the signature check used the wrong ward map; both motions failed three votes to three.

Valerie Amezcua
Valerie AmezcuaVoted no3:50:53

Voted against cancelling the election.

Phil Bacerra
Phil BacerraVoted no3:45:58

Established the registrar has not rescinded its certificate and said the city should not carry the registrar's errors.

David Penaloza
David PenalozaVoted no3:50:53

Voted against cancelling the election.

Thai Viet Phan
Thai Viet PhanVoted yes3:42:07

Said there were never enough valid signatures under the 2020 map, whoever is being recalled.

Benjamin Vazquez
Benjamin VazquezVoted yes3:41:03

Seconded, saying the petition falls more than 230 signatures short on the correct map.

Johnathan Ryan Hernandez
Johnathan Ryan HernandezVoted yes3:39:42

Moved to rescind the election, saying the recall is legally insufficient.

Agenda

Every item

3 items in agenda order

1
Closed Session Items

Closed-session conference with legal counsel

Not located
  • The council met privately about significant exposure to litigation.3:35:15
Official agendaSupplied summaryNot located
Full official agenda title

CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION pursuant to Government Code Section 54956.9(d)(2): One (1) matter

2
Closed Session Items

Closed-session conference with legal counsel

Not located
  • The council met privately about initiating litigation.3:35:15
Official agendaSupplied summaryNot located
Full official agenda title

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

3
Business Calendar

Review and Discuss the Letter Received from Orange County Registrar of Voters Bob Page Dated October 26, 2023 Pertaining to the…

3:35:03
Split voteSee member positions →
  • A review of the letter of 26 October from the county registrar of voters about the Ward 3 recall election, with the option of taking action or none.3:35:15
  • Councilmember Hernandez said the petition was certified against the wrong ward map and moved to rescind the election.3:39:42
  • Councilmember Vazquez seconded and said the petition falls more than 230 signatures short on the correct map, disenfranchising about 1,100 voters.3:41:03
  • Councilmember Phan said she was emotional about it, and that the question is simply whether there were ever enough valid signatures under the 2020 map.3:42:07
  • Councilmember Bacerra drew out from the clerk that the registrar has not rescinded its certificate of verification and that the October letter did not do so.3:45:44
  • He said the city should not take responsibility for the registrar's errors.3:45:58
  • The first motion failed three votes to three.3:49:25
  • A resolution directing the clerk to rescind the certificate and cancel the election also failed three to three.3:50:51
  • Councilmember Vazquez called the election illegitimate and wished Mayor Pro Tem Lopez well.3:51:26
Official agendaSupplied summaryClerk timestampCity Attorney’s Office and City Clerk’s Office
Full official agenda title

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)

Official recommendation
  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)
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