Santa Ana Mayor Pro Tem Claudia Alvarez has faced a withering attack this week, even though she has already apologized for her ill-chosen analogy, comparing developer and landlord Irv Chase, who it turns out is Jewish, to Adolf Hitler. She might have made it through this mini-storm if her colleagues had stuck by her but I don’t think any of them are willing to take a stand for her. It has as such become increasingly likely that she may step down as Mayor Pro Tem, although I suspect that she will remain on the Santa Ana City Council.
This could happen at the next Santa Ana City Council meeting on Sep. 6. Council Member David Benavides and his Republican amigo, Carlos Bustamante, have placed an 85A item on the Council Agenda, targeting Alvarez.
How soon they forget. Bustamante already had a whack at this and he was so awful that his peers took away the title and handed it back to the far more capable Alvarez. And the sad fact is that Alvarez totally supported Bustamante in 2006, when he ran for reelection. Now he has turned on her. You just cannot work with Santa Ana’s Republicans.
We learned that last year when Bustamante held a fundraiser at his home for Mexican-bashing Republican Van Tran, who was running against Congresswoman Loretta Sanchez. That backfired on Bustamante when Sanchez trashed Van Tran.
I think Bustamante is using Alvarez as a scapegoat to distract us from the fact that he is being investigated for ripping off the O.C. taxpayers by accepting unmerited and possibly illegal raises, as an overpaid Orange County middle manager.
As for Benavides, this is payback for the Council going after him when he honored Lupe Moreno and her Minuteman pals last year, after they took over the Santa Ana 4th of July event, where one of them referred to Santa Ana residents as “wetbacks.”
We also caught Benavides partying with Al Amezcua on Election Night last November. That backfired when Mayor Miguel Pulido utterly trashed Amezcua on Election Night.
Bustamante and Benavides go way back. They flew together and roomed together a few years ago when President Bush invited them to a GOP Cinco de Mayo event. Benavides has more Republican friends than Democrats. He attended Biola University and is close with one of their Trustees, former SAUSD Trustee Rosie Avila – another immigrant bashing Republican.
I suspect that the next Mayor Pro Tem will be either Sal Tinajero, Michele Martinez or Vince Sarmiento. They are all very capable.
Will Alvarez step down as Mayor Pro Tem? If she does it will be a testament to her dedication to the people who voted for her. She realizes that this is all becoming a major distraction. By stepping down as Mayor Pro Tem she will ensure that the Council can get back to work – and she will renew her investigation of Chase and his dealings. That said, I hope she remains firm and continues to fight.
Alvarez has by the way tried to apologize to the Chase family. She asked Rusty Kennedy to facilitate a meeting. The Chase family won’t respond. They obviously are enjoying going after her.
Here is the 85A agenda item:
CITY COUNCIL AGENDA ITEM
Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council.
85A CONSIDER POTENTIAL VIOLATION OF THE SANTA ANA CODE OF ETHICS AND CONDUCT BY COUNCILMEMBER AND TAKE REMEDIAL ACTIONS RELATED THERETO (COUNCILMEMBERS BENAVIDES AND BUSTAMANTE)
The following actions may be considered on the floor and include:
1. Ask for resignation from the City Council.
2. Remove from the Mayor Pro Tem position.
3. Remove from the Public Safety Committee.
4. Remove from the Orange County Water Board.
5. Condemnation of comment made by Councilmember
We are stuck with Benavides for a few years but we can boot Bustamante off the Council next year…
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The "B Boys" from Santa Ana "Boys Town"
Why has the mayor pro tem offered apologies after standing firm on her statements?
Maybe she got some legal advice on what can be done to an officer of the city for violations of the city code.
………………..
Sec. 1501. - Violations.
The violation of any provision of this charter shall be deemed a misdemeanor and be punishable upon conviction in the same manner as provided in the Penal Code of the State of California as the same now reads or as hereafter amended.
Sec. 1502. - Definitions.
(b)
"Shall" is mandatory, and "may" is permissive;
Sec. 1-8. - Violations—General penalty; continuing violations; adjudging fines and imprisonment; alternative enforcement.
Unless otherwise specifically stated in this Code, it shall be unlawful and a misdemeanor for any person to violate or fail to comply with any provision of this Code and where no specific penalty is provided therefor in this Code, the violation of any provision of this Code shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment for a term not exceeding six (6) months or by both such fine and imprisonment.
……………..
………..What about the other council members? (Their alleged transgressions)
Statute of limitations
Sec. 1-19. - Time limit for seeking review of administrative determinations; cost of record.
shall not be maintained by any person unless the action or proceeding is commenced within ninety (90) days and the board or final decision-maker is served within one hundred twenty (120) days after the date of the decision
…….. For politicians and their actions and duties, the statue of limitation is extremely short. 90 to 120 days ....
It should say something that this blog is the only one defending her. That is not a compliment
Say what you will about Alvarez but she got rid of the Reamers and the Usual Suspects. For that she deserves a medal.
Irv is on record stating he has taken off his tenants from along term leases to month to month. He wants his tenants to change their merchandise that cater to immigrant Hispanic customers. If they do not he will evict them.
THE EFFECT OF THIS BUSINESS PLAN IS TO EXCLUDE A CUMMUNITY FROM AN AREA THEY FREQUENT FOR DECADES.
“The Downtown Hispanic Shopping District historically has been second in sales tax only to The Main Place Mall. This in spite of virtually no city assistance to even vaguely resemble the assistance given to the Main Place Mall.”
The Downtown needs infrastructure to compete, not replacement of the market that has been successful …….second in tax revenue to the Main Place Mall.
The economic market power is here, just needs some city assistance to compete with other venues. This being true then where is Irv Chase’s economic argument in replacement of the current market.
IT CAN NOT BE AN ARGUMENT OF REPLACEMENT DUE TO ECONOMICS . IT WOULD HAVE TO BE SOMETHING ELSE???????
Irv chase can do whatever business plan he chooses but his actions are unmistakably exclusionary of a resident group which is responsible for his downtown wealth, in the guise of economics. He was given public funds to service this community exclussively. He is now arguing against this community.
Irv Chase's plan of ethnic cleansing is no less appalling than what Alvarez has apologized for. The Hispanic community will take this fight on to pressure Chase off his ethnic cleansing plan.
To be fair and consistent why is the criticism only on Alvarez and those appalled by their perception of what Alvarez spoke do not criticize Irv's plan of ethnic cleansing?
Why do Benavidez and Bustamante only concentrate on one individual in this drama. They and the rest of the council,the media, and residents should be concerned with Chase's Downtown East end ethnic cleansing plan.
IF NOT THEN THOSE ATTACKING ALVAREZ ONLY WILL BE PERCIEVED AS HIPOCRITES.
cook
You are way of tangent.
By her statement she did not commit any violation of city charter.[emphases added]
Anon 9:23 "That is not a compliment"...... Hmmmm
To uphold the law is always compliment.
This blog is unique because I am commenting here and I know what I am talking about within the realm of my modesty.
Other blogs just promulgating crapola.
The Communications Among Interested Parties Privilege. (a.k.a. “QUALIFIED PRIVILEGE”)
A typical common law privilege, it provides that a defendant who makes a statement to others on a matter of common interest is immunized from liability as long as the statement is made in good faith. See Cal. Civ. Code § 47(c) (codifying the privilege).
See Emde v. San Joaquin County Cent. Labor Council, 23 Cal. 2d 146 (1943) (privilege encompasses labor union newsletter); see also Lundquist v. Reusser, 7 Cal. 4th 1193 (1994) (privilege encompasses statements made at a seminar about a special breed of horses).
Therefore, council can't take any action against Alvarez unless they can prove "malice", most likely "actual malice" because both Alvarez and Chase are public figures and Alvarez uttered from the bench not on the street.
Stanley Fiala says, “By her statement she did not commit any violation of city charter.[emphases added]”
I guess we will have to wait until her trial on Tuesday night and see how the seven vote in open council on the accusations and charges.
Stanley Fiala says, “Therefore, council can’t take any action against (mayor pro tem) unless they can prove “malice.
The council is the judge and the jury in the trial, they will determine if “malice” is proved.
"The council is the judge and the jury in the trial, they will determine if “malice” is proved"...... Hmmmm
Exactly!
And they have to show the evidence and if not, Alvarez would be stupid not to sue the city for couple mills.
You have to understand cook that counsel must jump some loops and hoops like due process, investigation, evidence and not to rush to judgment so they themselves would not be in the violation of city charter. (jail)
Obviously council can do what ever the want after I will give them a copy of my legal written brief and oral presentation re my legal information on Tuesday.
They can go ahead and initiate the Bustamante/Benavides piñata.