Benjamin VazquezVoted no
6:40:14Objected to how the item reached the agenda, saying he wanted the pattern on the record.
17September
2024
2024
Regular City Council and Special Successor Agency Meeting · One key issue
This meeting ran past eleven at night and ended with most of its remaining business pushed to a continuation the following Monday.
▶ Check this moment · 7:19:44
11.9 hours
30 agenda items
26 located in video
39% attributed to a named speaker
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What happened
Tuesday, September 17, 2024
- 01
The council voted four to three to endorse Proposition 36, the state ballot measure raising penalties for some theft and drug offences.
▶6:47:54Explore this issue
Related agenda item 21Open agenda item →Resolution of the City Council of the City of Santa Ana Demonstrating Its Support of Proposition 36
Member positions
Jessie LopezVoted no6:45:05Cited the Legislative Analyst on unfunded costs forcing cuts to city services, and said the measure misses auto theft, cargo theft and fencing.
Johnathan Ryan HernandezVoted no6:47:56Voted against; the clerk recorded his no with those of Councilmembers Lopez and Vazquez.
Valerie AmezcuaVoted yes6:48:01Placed the item on the agenda herself and said after the vote that the three against had voted no on the safety of the community.
Thai Viet PhanVoted yes6:39:27Voted for it but called the decision a difficult one, and said she doubted there would be money to prosecute the felonies it creates.
Phil BacerraVoted yes6:31:12Said reclassifying theft does not stop the person robbed being a victim.
David PenalozaVoted yes6:41:33Spoke mainly to establish that the mayor was entitled to agendize the item directly.
- 02
Councilmembers Hernandez, Lopez and Vazquez voted against, and Mayor Amezcua said from the dais afterwards that they had voted no on the safety of the community.
▶6:48:01Explore this issue
Related agenda item 21Open agenda item →Resolution of the City Council of the City of Santa Ana Demonstrating Its Support of Proposition 36
Member positions
Benjamin VazquezVoted no6:40:14Objected to how the item reached the agenda, saying he wanted the pattern on the record.
Jessie LopezVoted no6:45:05Cited the Legislative Analyst on unfunded costs forcing cuts to city services, and said the measure misses auto theft, cargo theft and fencing.
Johnathan Ryan HernandezVoted no6:47:56Voted against; the clerk recorded his no with those of Councilmembers Lopez and Vazquez.
Valerie AmezcuaVoted yes6:48:01Placed the item on the agenda herself and said after the vote that the three against had voted no on the safety of the community.
Thai Viet PhanVoted yes6:39:27Voted for it but called the decision a difficult one, and said she doubted there would be money to prosecute the felonies it creates.
Phil BacerraVoted yes6:31:12Said reclassifying theft does not stop the person robbed being a victim.
David PenalozaVoted yes6:41:33Spoke mainly to establish that the mayor was entitled to agendize the item directly.
- 03
The public hearing on the Related Bristol project, a 41-acre mixed-use redevelopment at 3600 South Bristol Street, was continued to 1 October with a list of questions the council wanted answered first.
▶5:28:33Explore this issue
Related agenda item 22Open agenda item →Public Hearing: Amendment Application (Zone Change) No. 2023-03, Development Agreement No. 2023-02, Vesting Tentative Tract Map No.…
No named councilmember contribution could be reliably linked to this item.
- 04
That continuation passed six votes to nothing, with Mayor Pro Tem Phan recused.
▶5:28:41Explore this issue
Related agenda item 22Open agenda item →Public Hearing: Amendment Application (Zone Change) No. 2023-03, Development Agreement No. 2023-02, Vesting Tentative Tract Map No.…
No named councilmember contribution could be reliably linked to this item.
- 05
Councilmember Penaloza's motion to take up the consent calendar rather than adjourn passed four votes to three.
▶7:16:17Explore this issue
Related agenda item 20Open agenda item →Final adoption: Ordinance Amending Article VI (Stadium), Sec. 2-743 (Liquor) of the Santa Ana Municipal Code to Allow for the Sale…
No named councilmember contribution could be reliably linked to this item.
- 06
The balance of the consent calendar then passed seven votes to nothing.
▶7:19:22Explore this issue
Related agenda item 20Open agenda item →Final adoption: Ordinance Amending Article VI (Stadium), Sec. 2-743 (Liquor) of the Santa Ana Municipal Code to Allow for the Sale…
No named councilmember contribution could be reliably linked to this item.
- 07
Items 10, 12, 18 and 19, both public hearings, and the councilmembers' item on rescinding the meeting filming rules were all held over to Monday 23 September.
▶7:19:38Explore this issue
Related agenda item 25Open agenda item →Discuss and Consider Directing the City Manager, City Attorney, and City Clerk to Rescind the “Guidelines for filming, photography…
No named councilmember contribution could be reliably linked to this item.
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 Proposition 36 resolution split the council four to three. The majority framed it as backing public safety; the minority argued the measure is unfunded, would force cuts to city services and does not reach the theft it is sold on.
Objected to how the item reached the agenda, saying he wanted the pattern on the record.
Cited the Legislative Analyst on unfunded costs forcing cuts to city services, and said the measure misses auto theft, cargo theft and fencing.
Voted against; the clerk recorded his no with those of Councilmembers Lopez and Vazquez.
Placed the item on the agenda herself and said after the vote that the three against had voted no on the safety of the community.
Voted for it but called the decision a difficult one, and said she doubted there would be money to prosecute the felonies it creates.
Said reclassifying theft does not stop the person robbed being a victim.
Spoke mainly to establish that the mayor was entitled to agendize the item directly.
Past eleven at night the council split on whether to keep working. Councilmember Penaloza moved to clear the consent calendar before adjourning and carried it four votes to three.
Voted against continuing; the clerk recorded her no with those of Councilmembers Hernandez and Lopez.
Voted against continuing at that hour.
Said it was not appropriate to conduct business at that hour and that staff who had worked all day deserved better.
Said anything that could be approved that night should be approved.
Proposed pulling the items members wanted to discuss and voting the remainder rather than carrying everything over.
Agenda
Every item
30 items in agenda order
Closed Session Items
▶2:51:03 Closed-session conference with legal counsel
- The council met privately on existing litigation, a case brought by James Lacy and others against City Clerk Jennifer Hall in her official capacity.37:56
Closed Session Items
▶2:51:03 Closed-session conference with legal counsel
- The council met privately about starting litigation in one case involving Union Pacific.37:56
Closed Session Items
Not located Closed-session labor negotiations with city employee organizations
- The council met privately with its labour negotiator about bargaining with Service Employees International Union Local 721, covering part-time non-civil-service staff.37:56
Closed Session Items
Not located Closed-session public employee appointment
- The council met privately about appointing an Independent Oversight Director to the Santa Ana Police Oversight Commission.37:56
Ceremonial Presentations
▶2:14:59 Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliance declaring September 2024 as Hunger Action Month
- Mayor Amezcua presented a proclamation to the Orange County Hunger Alliance declaring September 2024 Hunger Action Month.2:15:03
Ceremonial Presentations
▶2:21:43 Proclamation presented by Mayor Pro Tem Phan to Alzheimer’s Orange County declaring September 2024 as World Alzheimer's Month
- Mayor Pro Tem Phan presented a proclamation to Alzheimer's Orange County declaring September 2024 World Alzheimer's Month.2:21:47
Ceremonial Presentations
▶2:25:04 Proclamation presented by Councilmember Bacerra to Bochasanwasi Akshar Purushottam Swaminarayan Sanstha (BAPS) in Commemoration of…
- Councilmember Bacerra presented a proclamation marking the 50-year anniversary of the BAPS Swaminarayan Sanstha community.2:25:22
Ceremonial Presentations
▶2:32:10 Proclamation presented by Councilmember Lopez to the Orange County Health Care Agency’s Behavioral Health Team declaring September…
- Councilmember Lopez presented a proclamation to the Orange County Health Care Agency's behavioural health team declaring September 2024 National Recovery Month.2:32:19
Ceremonial Presentations
▶2:42:34 Proclamation presented by Councilmember Vazquez to the Kiwanis, Lyons, Elks, and Rotary Clubs declaring September 2024 as Service…
- Councilmember Vazquez presented a proclamation to the Kiwanis, Lions, Elks and Rotary clubs declaring September 2024 Service Club Organizations Month.2:42:37
Consent Calendar
▶7:16:33 Excused Absences
- A routine item excusing members who missed earlier meetings.7:19:22
Consent Calendar
▶7:16:33 Minutes from the Regular Meeting of August 20, 2024
- The council approved the written record of its meeting of 20 August 2024.7:19:22
Consent Calendar
▶2:51:42 Appoint Alejandra Rodriguez Nominated by Councilmember Penaloza as the Ward 6 Representative to the Historic Resources Commission…
Consent Calendar
▶7:16:33 Appropriation Adjustment Recognizing $15,803 in California State Library Funding (General Fund)
- An adjustment recognising $15,803 of California State Library funding and directing it to library e-resources.7:19:22
Consent Calendar
▶6:49:23 Donation Agreement with The Frida Cinema to Sponsor the DTSA First Saturday ArtWalk (General Fund)
Consent Calendar
▶7:16:38 Amendment to the Facilities Use Agreement with the Training and Research Foundation to Add the Logan Community Center as a Service…
- An amendment adding the Logan Community Center to the city's after-school childcare agreement with the Training and Research Foundation, at an extra $600 a month.7:19:22
- It was approved with the consent calendar, though Councilmember Hernandez's comment on it was held over to the continued meeting.7:16:43
Consent Calendar
▶7:16:50 Agreement with Power of One Foundation (POOF), for a co-presented Fiestas Del Mariachi Event and Related Services; and, Award…
- An agreement with the Power of One Foundation to co-present a Fiestas del Mariachi event at Santa Ana Stadium, together with a purchase order of up to $118,548 to rent a cover for the stadium floor.7:17:28
- Councilmember Hernandez pulled this item from the consent calendar, and it was continued to 23 September.7:16:31
Consent Calendar
▶7:16:33 Agreement with Valley Maintenance Corporation for Janitorial Services at Various City Locations (RFP No. 24-076) (General Fund and…
- A janitorial services agreement for city buildings of up to $6,503,284 over three years.7:19:22
Consent Calendar
▶7:16:33 Agreement with TSG Enterprises, Inc. DBA The Solis Group for Labor Compliance and Community Workforce Agreement Professional…
- An agreement of up to $2,000,000 with The Solis Group to monitor labour compliance on city construction work.7:19:22
Consent Calendar
▶6:50:33 Construction Contract with Armstrong Cal Builders Inc. for the Santiago Park Main Street Entrance Project (Project No. 20-2731)…
- A construction contract of $2,763,816 for a new Main Street entrance to Santiago Park, funded largely by a state grant.7:19:22
Consent Calendar
▶7:16:33 Construction Contract with Los Angeles Engineering, Inc. for the Bristol Street Improvements and Widening from Civic Center Drive to…
- A construction contract of $10,579,350 to improve and widen Bristol Street between Civic Center Drive and Washington Avenue.7:19:22
Consent Calendar
▶7:16:33 Award a Construction Contract to PCN3, Inc. for the Newhope Library Modernization and Delhi Library Branch Improvements Project and…
- A construction contract of $8,215,533 to modernise the Newhope library and improve the Delhi branch, with a shade structure at Newhope.7:19:22
Consent Calendar
▶2:14:42 Construction Contract with Vido Samarzich, Inc. for the Standard Avenue and McFadden Avenue Bikeways Projects (No. 19-6923, 20-6962…
Consent Calendar
▶6:49:23 Resolution Declaring City-Owned Properties as Exempt Surplus Land and Directing the City Manager or their Designee to Comply with…
Consent Calendar
▶7:16:33 Final adoption: Ordinance Amending Article VI (Stadium), Sec. 2-743 (Liquor) of the Santa Ana Municipal Code to Allow for the Sale…
- Final approval of an ordinance allowing beer, wine and spirits to be sold at Eddie West Field with the city manager's written consent.7:19:22
Business Calendar
▶5:29:26 Resolution of the City Council of the City of Santa Ana Demonstrating Its Support of Proposition 36
- The council considered a resolution declaring its support for Proposition 36, the November ballot measure raising penalties for some theft and drug offences.5:30:02
- The clerk reported 49 written comments on the item.5:30:12
- Speakers against argued the measure was funded by retailers on a crime narrative the industry itself had called overblown, and would not touch the causes of substance dependency.5:31:56
- Councilmember Bacerra argued that reclassifying theft does not stop the person robbed being a victim, comparing it to declaring at a hospital that cancer is no longer a disease.6:31:12
- Mayor Pro Tem Phan spoke at length about how hard she found the decision, weighing petty theft against sending an eighteen-year-old to prison for three years.6:37:16
- She said she was worried there would be no money to prosecute the felonies the measure creates, given how short the county already is of prosecutors.6:39:27
- Councilmember Lopez cited the Legislative Analyst's finding that cities would have to cut existing services to absorb the measure's unfunded costs.6:45:05
- She also said it does not address auto theft, cargo theft or fencing, and that it was unclear to her whether it reached organised retail theft at all.6:45:55
- Councilmember Penaloza asked the city attorney to confirm on the record that the mayor may place business items on the agenda directly.6:40:35
- City Attorney Carvalho said the mayor has more discretion than other members where an item connects to the council's legislative platform, and that law enforcement is part of that platform.6:40:57
- The resolution passed four votes to three, with Councilmembers Hernandez, Lopez and Vazquez against.6:47:54
- After the vote Mayor Amezcua said the three of them had voted no on the safety of the community.6:48:01
Public Hearings Public Comments
▶2:54:41 Public Hearing: Amendment Application (Zone Change) No. 2023-03, Development Agreement No. 2023-02, Vesting Tentative Tract Map No.…
- The Related companies asked the council to approve a specific plan turning a 41-acre site at 3600 South Bristol Street into a mixed-use urban village.2:56:38
- Staff said parts of the existing shopping centre had gone vacant or were underperforming as shopping habits shifted before and during the pandemic.3:00:53
- The plan puts a grocery store at the corner of Bristol and Callens Commons in one of the early phases, which the applicant hopes will keep grocery service on the site uninterrupted.3:03:45
- The package also asked the council to overrule the Orange County Airport Land Use Commission's finding that the plan is inconsistent with the land use plan for John Wayne Airport.2:56:38
- City Attorney Carvalho read back the questions members wanted answered first: why only one hotel, how many units would be for sale, how construction truck routes would be set and how residents would be told about them.5:24:28
- Members also asked whether the grocery store would be a Vons or something of similar quality, and how the $22 million of community benefit money would be spent and overseen.5:24:54
- Councilmember Lopez asked that the ad hoc committee's work be shared with the council and the public, since most people had not been part of it.5:27:06
- Councilmember Hernandez moved to continue the hearing to the meeting of 1 October, seconded by Councilmember Penaloza.5:28:29
- It carried six votes to nothing, with Mayor Pro Tem Phan recused.5:28:41
Public Hearings Public Comments
▶6:48:34 Public Hearing: Consolidated Annual Performance and Evaluation Report for Fiscal Year 2023-24
- The annual performance report on the city's federal housing and community development grants, which was not reached and was continued to 23 September.7:19:38
Public Hearings Public Comments
Not located Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest…
- A joint public hearing on buying the parking lot at the southwest corner of Main and Third Streets for $190,000, continued to 23 September.7:19:38
Councilmember Requested Items
▶7:19:03 Discuss and Consider Directing the City Manager, City Attorney, and City Clerk to Rescind the “Guidelines for filming, photography…
- Councilmembers Vazquez and Lopez asked the council to rescind the city's guidelines on filming, photography and recording at public meetings.7:19:03
- The meeting ran out of time before the item was reached, and it was continued to 23 September.7:19:38
- At that continued meeting the council voted unanimously to rescind the guidelines.7:19:44
Public Hearing Public Comments
Not located Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest…
- The Successor Agency's side of the same joint hearing on the Main and Third Streets parking lot, held over with it.7:19:38
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