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HomeMy WebLinkAbout55B - RESO CHARTER AMENDMENTSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 3, 2018 TITLE: DIRECT STAFF TO PLACE PROPOSED CHARTER AMENDMENT REGARDING MODERNIZATION OF BOARDS AND COMMISSIONS, CAMPAIGN AND GIFT LIMITS AND QUALIFICATIONS OF THE FINANCE DIRECTOR ON THE NOVEMBER 6, 2018 ELECTION BALLOT; APPROVE RESOLUTIONS CALLING FOR SPECIAL ELECTION; AUTHORIZE AND DESIGNATE CITY COUNCILMEMBERS TO FILE ARGUMENT AND REBUTTAL STATEMENTS; AND OTHER ELECTION RELATED ACTIONS(STRATEGIC PLAN NO. 5, 1) V CI ANAGER RECOMMENDED ACTIONS: CLERK OF COUNCIL USE ONLY: 1777iiPT�it ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Review proposed Charter Amendment regarding the modernization of Boards and Commissions, Campaign and Gift Limit, and qualifications of the Finance Director provisions in the Charter by moving to the Santa Ana Municipal Code for uniformity and consistency in applicability. Options for consideration: 1. Table matter. 2. Direct staff to include these and other provisions of the Charter on the 2018 General Municipal Election on November 6, 2018. 3. Direct staff to move forward with placing modernization of Charter provisions as provided for in staff report, and approve actions accordingly. a. Adopt resolutions. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING FOR AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 6, 2018 TO ELECT CERTAIN MUNICIPAL OFFICERS AND FOR SUBMISSION TO THE VOTERS OF THE QUESTION OF WHETHER THE CITY CHARTER SHOULD BE AMENDED TO MODERNIZE AND REMOVE OUTDATED LANGUAGE TO REFLECT CHANGES OR CONFLICTS IN THE CITY OR STATE LAW CONCERNING GIFTS AND CAMPAIGN CONTRIBUTIONS AND DESIGNATED CITY FUNDS; CREATE 5gQ[rISESTENCY IN THE MUNICIPAL CODE Proposed Charter Amendments July 3, 2018 Page 2 of 6 REGARDING BOARDS AND COMMISSIONS; AND MOVE THE QUALIFICATIONS FOR THE FINANCE DIRECTOR TO THE MUNICIPAL CODE AND REQUESTING THE BOARD OF SUPERVISORS OF ORANGE COUNTY CONSOLIDATE THE CITY'S GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION ii. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SETTING FORTH THE LANGUAGE OF A BALLOT TITLE REGARDING WHETHER THE CITY CHARTER SHOULD BE AMENDED TO MODERNIZE AND REMOVE OUTDATED LANGUAGE TO REFLECT CHANGES OR CONFLICTS IN THE CITY OR STATE LAW CONCERNING GIFTS AND CAMPAIGN CONTRIBUTIONS AND DESIGNATED CITY FUNDS; CREATE CONSISTENCY IN THE MUNICIPAL CODE REGARDING BOARDS AND COMMISSIONS; AND MOVE THE QUALIFICATIONS FOR THE FINANCE DIRECTOR TO THE MUNICIPAL CODE TO BE INCLUDED ON THE BALLOT FOR THE 2018 GENERAL ELECTION TO BE HELD ON NOVEMBER 6, 2018 iii. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING WRITTEN ARGUMENTS FOR PROPOSED AMENDMENTS TO THE SANTA ANA CHARTER REGARDING WHETHER THE CITY CHARTER SHOULD BEAMENDEDTO MODERNIZE AND REMOVE OUTDATED LANGUAGE TO REFLECT CHANGES OR CONFLICTS IN THE CITY OR STATE LAW CONCERNING GIFTS AND CAMPAIGN CONTRIBUTIONS AND DESIGNATED CITY FUNDS; CREATE CONSISTENCY IN THE MUNICIPAL CODE REGARDING BOARDS AND COMMISSIONS; AND MOVE THE QUALIFICATION FOR THE FINANCE DIRECTOR TO THE MUNICIPAL CODE. b. Authorize the filing of Arguments and Rebuttals. Designate up to five (5) Councilmembers to author an Argument and Rebuttal statement. c. Direct City Attorney to prepare Impartial Analysis. d. Direct Clerk of the Council to publish legal notices as required by law. DISCUSSION On June 19, 2018, the City Council directed staff to prepare documents needed to place the modernization of the boards and commissions in addition to the campaign and gift limit provisions among any others that staff believes are inconsistent for voter consideration. Staff has prepared accordingly. The following chart provides sections for consideration: 55B-2 Proposed Charter Amendments July 3, 2018 Page 3 of 6 CHARTER SECTION(S) DISCUSSION Article IX: Charter lists three boards/commissions and the balance are in the Municipal Code. Removal from Charter and placement in Muni Remove Boards and Code creates consistency and flexibility for Council and members of Commissions from Charter the public. Charter Amendment would allow for efficiency in reorganizing or restructuring Boards and Commissions. Section 425 and Section Campaign provisions are inconsistent with State code that can be 1107: revised by a majority vote of the Council. Campaign and Gift Provisions Section 704: Finance Director works for City Manager and qualifications should Qualifications of Finance be in job description. Charter does not address other directors. Director Charter provisions that would be amended: 1. Article IX in the Charter - Boards and Commissions Sec. 900. — Established (a) The City Council shall establish appointive boards and commissions by ordinance and shall specify in such ordinances the powers and duties of each. 2. Campaign and Gift Provisions Sec. 425. - Disqualification due to campaign contributions. A councilmember shall not participate in, nor use his or her official position to influence, a decision of the City Council if it is reasonably foreseeable that the decision will have a material financial effect, apart from its effect on the public generally or a significant portion thereof, on a recent major campaign contributor. As used herein, "recent major campaign contributor" means a person who has made campaign contributions totaling two hundred fifty dollars ($250.00) or more to the councilmember or to any campaign committee controlled by the councilmember in the twelve-month period immediately preceding the date of the decision. The mayor is a councilmember for purposes of this section. Sec. 1107. - Gifts to officers and employees prohibited. It shall be unlawful for any person or organization that is financially interested in any decision pending action by any agency, officer or employee of the City, or in any contract to which the City is a party to make any gifts aggregating in value more than twenty-five dollars ($25.00) in any one calendar month to any officer, or employee of the City. No person or organization shall be deemed 55B-3 Proposed Charter Amendments July 3, 2018 Page 4 of 6 to have a financial interest in a decision or contract by reason of any interest which is shared by a significant portion of the general public. No gift is unlawful which is similarly made or offered to a significant portion of the general public. Any person who makes, acts as the agent or intermediary in the making of, or arranges for the making of, any gift which is unlawful hereunder is guilty of a misdemeanor. Any officer or employee who receives any gift which he knows, or reasonably should know, is unlawful hereunder is guilty of a misdemeanor. 3. Qualifications of Finance Director Sec. 704. - Director of finance; qualifications, powers and duties. To become eligible for the position of director of finance, the person appointed by the City Manager shall be qualified to administer and direct an integrated department of finance. The director of finance shall have power and be required to: (a) Have charge of the administration of the financial affairs of the City under the direction of the City Manager; (b) Supervise and be responsible for the disbursement of all moneys and have control over all expenditures to insure that budget appropriations are not exceeded; (c) Supervise a system of financial internal control including the auditing of all purchase orders before issuance, the auditing and approving before payment of all invoices, bills, payrolls, claims, demands, or other charges against the City, and, with the advice of the City Attorney, when necessary, determine the regularity, legality, and correctness of such charges; (d) Settle claims, demands, or other charges, including the issuing of warrants therefor; (e) Maintain general and cost accounting systems for the City government and each of its offices, departments, and other agencies; keep separate accounts for the items of appropriation contained in the City budget, each of which accounts shall show the amount of appropriations, the amounts paid therefrom, the unpaid obligations against it, and the unencumbered balance; and require reports of the receipts and disbursements from each receiving and expending agency of the City government; to be made daily or at such intervals as he may deem expedient; (f) Submit to the City Council through the City Manager a monthly statement of all receipts and disbursements and other financial data in sufficient detail to show the exact financial condition of the City, and, as of the end of each fiscal year, submit a complete financial statement and report; (g) Administer the license and business tax program of the City; (h) Direct treasury administration for the City, including the receiving and collecting of revenues and receipts from whatever source; have custody of all public funds belonging to or under the control of the City or any office, department, or other agency of the City government; and deposit all funds coming into his hands in such depository as may be designated by resolution of the City Council, or, if no such resolution be adopted, by the City Manager, in compliance with all of the provisions of the state constitution and laws of the state governing the handling, depositing, and securing of public funds; (i) Direct centralized purchasing and a property control system for the City government under rules and regulations to be prescribed by ordinance. In addition, the City Council may consider adding any other provisions in the Charter for voter consideration, including: 1. Mayor's Signature Authority 2. Stabilization Fund 55B-4 Proposed Charter Amendments July 3, 2018 Page 5 of 6 3. Investigations 4. Civil Services Position of Police Chief 5. General Plan to be Updated 2 years after each U.S. Census 6. Code of Ethics to Apply to all Officers and Department Heads Requirements for Calling a Special Election on June 5, 2018 The California Elections Code requires the adoption of the attached resolutions in order to place a ballot measure before the voters at a special municipal election and must be submitted to the Registrar of Voters at least 88 days in advance of the election (refer to Exhibit 1). In addition to calling for the election, a resolution may be approved to permit the filing of written arguments in favor of or against such measure by members of the City Council, any individual voter eligible to vote on the measure, a bona fide association of such citizens or any combination thereof, and establishes deadlines for submission of such arguments to the Clerk of the Council. The Elections Code specifies that members of the Council would be given preference and priority, if authorized by the City Council. The subject resolution would give that authorization to any member of the Council desiring to submit an argument (refer to Exhibit 3). The procedures for filing ballot arguments are detailed in the Elections Code. The Election Code procedures, as well as general guidelines for preparing arguments will be provided in a notice prepared by the Clerk of the Council and posted following final adoption of the resolution calling for the special election. Also, whenever a City measure qualifies to be on a ballot, the City Council may direct the City Attorney to prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure (Elections Code §9280). The analysis is printed in the Voter Information Pamphlet preceding the arguments for and against the measure. City Attorney may be directed to prepare the Impartial Analysis for inclusion in the ballot. STRATEGIC PLAN Approval of this item allows us to meet Goal #5. Community Health, Livability, Engagement & Sustainability, Priority #1, Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities. FISCAL IMPACT The County Registrar of Voters office has estimated that the additional cost of adding a ballot measure to the City's consolidated general municipal election would be approximately $17,000. Funds for these administrative costs are available in the Clerk of the Council, Contractual Services account no. 01107031 62300, FY 2018-2019. 55B-5 Proposed Charter Amendments July 3, 2018 Page 6 of 6 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Attachments: 1. Resolution Calling for the Election 2. Resolution on Setting Language of Charter Amendment 3. Resolution Authorizing filing of Arguments and Rebuttals 55B-6 17:610)110kNCO] 01104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING FOR AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 6, 2018 TO ELECT CERTAIN MUNICIPAL OFFICERS AND FOR SUBMISSION TO THE VOTERS OF THE QUESTION OF WHETHER THE CITY CHARTER SHOULD BE AMENDED TO MODERNIZE AND REMOVE OUTDATED LANGUAGE TO REFLECT CHANGES OR CONFLICTS IN THE CITY OR STATE LAW CONCERNING GIFTS AND CAMPAIGN CONTRIBUTIONS AND DESIGNATED CITY FUNDS; CREATE CONSISTENCY IN THE MUNICIPAL CODE REGARDING BOARDS AND COMMISSIONS; AND MOVE THE QUALIFIFCATIONS FOR THE FINANCE DIRECTOR TO THE MUNICIPAL CODE AND REQUESTING THE BOARD OF SUPERVISORS OF ORANGE COUNTY CONSOLIDATE THE CITY'S GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: , Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. A general municipal election of the City of Santa Ana will be held on November 6, 2018, for the purposes of electing the Mayor and Councilmembers from Wards 2, 4, and 6. B. The City Council adopted Resolution No. 2018 -XXX submitting to the voters the question relating to a proposed amendment to the City Charter regarding whether the City Charter should be amended to modernize and remove outdated language to reflect changes or conflicts in the City or State law concerning gifts and campaign contributions and designated City funds; Create consistency in the Municipal Code regarding Boards and Commissions; and Move the qualification for the Finance Director to the Municipal Code. C. There will be a statewide general election held on November 6, 2018. D. It is desirable that the general municipal election of the City of Santa Ana on November 6, 2018 be consolidated with the statewide general election to be held on the same date and; that within the City of Santa Ana, the precincts, polling places and charter amendment be the same, and that the Board of Exhibit 1 Resolution 2018 -XXX Page 1 of 3 55B-7 Supervisors of the County of Orange canvass the returns of both elections, in all respects as if there were only one election. E. The Clerk of Council is authorized, instructed, and directed to give further notice of the election, in time, form and manner as required by law. Section 2: That pursuant to the requirement of Section 10403 of the Elections Code of the State of California, the Board of Supervisors of the County of Orange is hereby requested to consent to and order consolidation of the November 6, 2018 general municipal election of the City of Santa Ana for the purpose of electing the Mayor and Councilmembers from City Wards 2, 4, and 6 and the proposed Charter amendments with the statewide general election to be held on the same date. The election will be held and conducted in accordance with the provisions of law regulation the statewide election. Section 3: The Board of Supervisors of the County of Orange is hereby authorized to canvass the returns of said special municipal election pursuant to Section 10411 of the Elections Code of the State of California. Section 4: The City of Santa Ana recognizes the additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County of Orange for any such costs. Section 5: The Clerk of Council is hereby directed to file a certified copy of this Resolution with the Board of Supervisors of the County of Orange and a certified copy of this Resolution with the Registrar of Voters of the County of Orange. Section 6: This Resolution shall take effect immediately upon its adopting by the City Council, and the Clerk of Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of July, 2018. Miguel A. Pulido Mayor Resolution 2018 -XXX Page 2 of 3 55B-8 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Laura A. Rossini Senior Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018- to be the original resolution adopted by the City Council of the City of Santa Ana on July _, 2018. Date: Resolution 2018 -XXX Page 3 of 3 55B-9 Clerk of the Council City of Santa Ana 55B-10 RESOLUTION NO. 2018 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SETTING FORTH THE LANGUAGE OF A BALLOT TITLE REGARDING WHETHER THE CITY CHARTER SHOULD BE AMENDED TO MODERNIZE AND REMOVE OUTDATED LANGUAGE TO REFLECT CHANGES OR CONFLICTS IN THE CITY OR STATE LAW CONCERNING GIFTS AND CAMPAIGN CONTRIBUTIONS AND DESIGNATED CITY FUNDS; CREATE CONSISTENCY IN THE MUNICIPAL CODE REGARDING BOARDS AND COMMISSIONS; AND MOVE THE QUALIFIFCATIONS FOR THE FINANCE DIRECTOR TO THE MUNICIPAL CODE TO BE INCLUDED ON THE BALLOT FOR THE 2018 GENERAL ELECTION TO BE HELD ON NOVEMBER 6, 2018 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. By Resolution No. 2018 -XXX, the City Council of the City of Santa Ana has called for a its general election to be held on November 6, 2018 and submitted to the voters an amendment to sections of the Santa Ana City Charter. Section 2. The California Elections Code directs that the City Council approve the form of the ballot question to be submitted to the voters and the City Council of the City of Santa Ana desires, on its own motion, to submit to the voters of the City a question relating to whether the City Charter should be amended to modernize and remove outdated language to reflect changes or conflicts in the City or State law concerning gifts and campaign contributions and designated city funds; create consistency in the municipal code regarding boards and commissions; and move the qualifications for the finance director to the municipal code to be submitted to the voters at the General Election to be held on Tuesday, November 6, 2018. Section 3. The ballot question for the amendment called for in Resolution No. 2018 -XXX shall be proposed as follows, with identification as determined in accordance with the California Elections Code: Exhibit 2 Resolution No. 2018 -XXX Page 1 of 3 55B-11 Measure _ .... YES Shall the Charter be amended to: modernize and remove outdated language to reflect changes or conflicts in the City or State law concerning gifts and campaign contributions and designated City funds; create consistency in the Municipal Code regarding boards or NO commissions; and move the qualifications for the Finance Director to the Municipal Code? Section 4. The text of the amendments to article IX, section 425, section 610, section 704, and section 1107 of the Santa Ana City Charter to be submitted to the voters are attached as Exhibit A and incorporated by reference. Section 5. The vote requirement for the measure to pass is a majority (50% + 1) of the votes cast. Section 6. The City Clerk is hereby directed to transmit a copy of the measure set forth in Section 3 above to the City Attorney, who shall prepare an impartial analysis of the measure in accordance with Section 9280 of the Elections Code. The impartial analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the City Council. In addition, the Clerk of the Council is directed to fix a deadline for submission of arguments and rebuttals for or against the measure pursuant to Sections 9223 and 9285 of the Elections Code, the provisions of which are hereby adopted by the City Council. Section 7. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of July, 2018. r': aaWelvL"19tri73i] M Sonia R. Carvalho City Attorney Laura A. Rossini Senior Assistant City Attorney Miguel A. Pulido Mayor Resolution No. 2018 -XXX 55B-1 2 Page 2 of 2 AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers: Councilmembers: Councilmembers: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2018 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on July _, 2018. Date: Maria D. Huizar, Clerk of the Council Resolution No. 2018 -XXX Page 3 of 3 55B-13 Exhibit A- Charter Amendments (deletions underlined and additions in red) ARTICLE IX. - APPOINTIVE BOARDS AND COMMISSIONS Sec. 900. - Established; enumerated. The ;ity Council shall establish following enumerated appointive boards and commissions by ordinance and shall specify in such ordinance are here established and shall have the powers and duties of each. contained in this article: (a) Board of recreation and parks (b) Planning commission (c) Personnel board The City Council may create by ordinance such other appointive boards or commissions as in its judgment are required and may grant to them powers and duties as are consistent with the provisions of this charter. The City Council by motion adopted by the affirmative votes of at least a maiority of its members may appoint from time to time temporary committees as deemed advisable to render counsel and advice to the appointing authorities on any designated matters or subjects within the jurisdiction of such authorities. Sec. 901. — , Appointments, removals vacancies terms (a) Except as otherwise specified in this charter, the member of each of the appointive boards and commissions shall be appointed and may be removed by the Cjty Council, subject in both appointment and removal by the affirmative votes of a maiority of the members For boards or commissions having at least seven (7) members, the City Council shall select seven (7) members from nominations made by the council member (or the mayor in the case of the city-wide seat) whose term coincides with that board or commission seat as determined by the City Council in accordance with subsection (e) below, together with nominations from any other member of the Council. All other appointments shall be as determined by this Charter, or by the City Council from time to time Beginning with terms starting after the 2006 General Election, at least fifty -percent (50%) of those persons nominated from time to time by a council member shall be residents of the ward represented by such council member. At the request of a council member, this rule may be waived by a 2/3 vote of the City Council for any one appointment if the requesting member is unable to find a qualified and acceptable ward resident to nominate For purposes of this rule, residency is only required at the time of nomination (b) Vacancies from whatever cause arising shall be filled in the same manner. Upon a vacancy occurring leaving an unexpired portion of a term any appointment to fill such vacancy shall be for the unexpired portion of such term All terms shall begin on the same date as City Councilmember terms as provided in section 400 of this Charter. 55B-14 (e) The City Council shall determine which members of such boards and commissions City Council shall desianate seven (7) board and commission seats by ward and one required. Sec. 901.1. — Reserved. Prohibition aaainst serving as treasurer for campaign committee. 55B-15 mayor or councilmember shall be eligible for appointment to any appointive board or commission. Sec. 902. — I r Appropriations therefor. The City Council shall include in its annual budget such appropriations of funds as in its opinion shall be sufficient for the efficient and proper functioning of such appointive boards and commissions. Sec. 903.- 1 : ,i -.,d Existing boards and commissions. Members of existing appointive boards and commissions at the time this charter takes effect shall continue in office and shall perform their duties until other provisions shall have been made as provided in this charter for the performance of such duties and for the discontinuance of such boards or commissions. Sec. 904. —Reserved Meetings; chairman. The election of each chairman and vice-chairman shall be held at the meetings of the respective boards and commissions during the month of July of each year. The board or commission, in the event of a vacancy in the office of the chairman or vice-chairman shall elect one of its members for the unexpired term. The chairman shall have the responsibility for informing the City Council of board commission or committee actions or inactions and the reasons therefor. Each board or commission other than the personnel board shall hold a regular meeting at least once a month with reasonable provision for attendance by the public The City Manager shall designate a secretary for the recording of minutes for each of such boards and commissions, who shall keep a record of its proceedings and transactions. Each board and commission shall prescribe rules and regulations governing its operations which shall be consistent with this charter and shall be filed with the Clerk of the Council for public inspection. The personnel board shall meet monthly, provided there is business on the agenda to come before it. In the event no business is placed on the board's agenda before the Friday preceding the tentative Wednesday meeting date no meeting need be held; provided however, that in no event shall more than three (3) months intervene between meetings of such board. Sec. 905. — ! I. Compensation. The members of appointive boards and commissions shall receive such compensation, if any, as may be prescribed by ordinance and may receive reimbursement for necessary traveling and other expenses when on official duty of the City when such expenditure has been so authorized by the board or commission and subject to rules and regulations prescribed by ordinance on order of the City Council Sec. 906. —' _ Attendance of witnesses; oaths and affirmations. Each appointive board or commission shall have the same power as the City Council to compel the attendance of witnesses to examine them under oath and to compel the production of evidence before it. Each member of any such board or commission shall 55B-16 have the power to administer oaths and affirmations in anv investigation or proceeding pending before such board or commission. Sec. 907. — Board of recreation and parks—Membershi The members of the board of recreation and parks shall be appointed from the qualified electors of the City. Seven (7) members shall be appointed as required by this charter. One additional member shall be appointed by the governing board of each school district operating one or more elementary schools located within the City of Santa Ana except that there shall not be more than four (4) such additional members. If more than four (4) school districts operate elementary schools within the City, appointment of the additional members shall be made by the governing boards of those districts having the largest assessed value of property lying within the City of Santa Ana No member of the board of recreation and parks shall hold any paid office or employment in the Citv government. Sec. 908. — Same—Powers and duties. The board of recreation and parks shall have power and be required to: (a) Consider matters that may be referred to it by the City Council the City Manager, or the director of recreation and parks and render such counsel and advice in regard thereto as may be requested by the referring authorities: and consider all matters regarding programs, usages or services of the department of recreation and parks other than administrative matters: (b) By its own motion make such studies and investigations as it may deem necessary for the formulation of recreation and park policies or to determine the wisdom and efficacy of the policies plans and procedures dealing with recreation and park matters and report its findings and recommendations to the City Council the City Manager, or the director of recreation and parks or to any or all such authorities as it may see fit: (c) Recommend to the City Council and the City Manager as to the acceptance or rejection of offers of donations of money, personal property, or real estate to be used for recreation and park programs: and additionally, it shall make recommendations on the sale, transfer, or usage of existing or future park property; (d) Consider the annual budget during the process of its preparation by the director of recreation and parks and make recommendations with respect thereto to the Citv Manager and the City Council (e) Solicit to the fullest extent possible the cooperation of school authorities and other public and private agencies concerned with recreation and park programs of the City. Sec. 909. — Reserved Planning commission—Membership. The planning commission shall consist of seven (7) members to be appointed by the City Council from the qualified electors of the City, and no member of said commission shall hold any paid office or employment in the City government 55B-17 Sec. 910. — Reserved. Planning commission—Powers and duties The planning commission shall have power and be required to (a) Periodically review the City's General Plan: (b) Make studies and plans for future civic land use including use as public recreation facilities: (c) Annually review the City's capital improvement program solely for consistency with the General Plan (d) Exercise such functions as to land subdivisions zoning and other City planning as may be prescribed by ordinance (e) By its own motion make such studies and investigations as it may deem necessary for the formulation of planning and land use policies and report its findings and recommendations to the City Council or the City Manager, or to both such authorities, as it may see fit. Sec. 911. — Personnel board—Membership. The personnel board shall consist of seven (7) members to be appointed by the Citv Council from the qualified electors of the City. None of the members shall be removed from office without reasonable and sufficient cause in accordance with procedures as provided by ordinance. None of the members shall hold public office or employment in the city government or be a candidate for any other public office or position be an officer of any local state or national partisan political club or organization or while a member of the personnel board or for a period of one (1) year after he has ceased for any reason to be a member, be eligible for appointment to any salaried office or employment in the service of the City. Sec. 912. — Reserved. Same—Powers and duties. The personnel board shall have power and be required to: (a) Hear appeals pertaining to the disciplinary suspension demotion or dismissal of any officer or employee having permanent status in any office position or employment in the civil service and as otherwise provided for in the civil service rules and regulations; (b) Consider matters that may be referred to it by the City Council or the Citv Manager and render such counsel and advice in regard thereto as may be requested by the referring authorities: (c) By its own motion make such studies and investigations as it may deem necessary for the formulation of civil service policies or to determine the wisdom and efficacy of the policies plans and procedures dealing with civil service matters and report its findings and recommendations to the City Manager or the City Council, or to both such authorities as it may see fit• 55B-18 (d) Conduct public hearings on all proposed amendments to or repeal of civil service rules and regulations in the manner as prescribed by ordinance and advise the council of its findings in such matters within sixty (60) days Sec. 425. i. – Disqualification due to campaign contributions A councilmember shall not participate in no use his or her official position to influence a decision of the City Council if it reasonably foreseeable that the decision will have a material financial effect apart from its effect on the public generally or a significant portion thereof, on a recent major campaign contributor. As used herein "recent major campaign contributor" means a person who has made campaign contributions totally tow hundred fifty dollars ($250.00) or more to the councilmember of to any campaign committee controlled by the councilmember in the twelve-month period immediately preceding the date of the decision The mayor is a councilmember for the purposes of this section. Sec. 610. - Funds—General fund; stabilization fund All money paid into the City treasury shall be credited to and kept in separate funds in accordance with the provisions of this charter, state law, or ordinance For the purpose of this charter, the "General Fund" is established as a medium of control and accounting for City activities other than activities authorized or contemplated by special funds All revenues and receipts which are not by this charter, state law, or ordinance pledged for special purposes shall be credited to the general fund The City Council shall maintain a revolving fund to be known as the "Stabilization Fund" for the purpose of placing the payment of running expenses of the City during the fiscal year on a cash basis. A reserve shall be built up in this fund from any available sources in an amount which the City Council deems sufficient with which to meet all lawful demands against the City for the first five (5) months or other necessary period of the succeeding fiscal year prior to the receipt of ad valorem tax revenues Transfers may be made by the City Council from such fund to any other fund or funds of such sum or sums as may be required for the purpose of placing such funds, as nearly as possible on a cash basis. All moneys so transferred from the stabilization fund shall be returned thereto before the end of the fiscal year. Sec. 704. – Director of finance; qualifications powers and duties To become eligible for the position of director of finance the person appointed by the Cid Manager shall be qualified to administer and direct an integrated department of finance The director of finance shall have power and be required to 55B-19 (a) Have charge of the administration of the financial affairs of the City under the direction of the City Manager: (b) Supervise and be responsible for the disbursement of all moneys and have control over all expenditures to insure that budget appropriations are not exceeded; (c) Supervise a system of financial internal control including the auditing of all purchase orders before issuance the auditing and approving before payment of all invoices, bills, payrolls, claims, demands, or other charges against the City, and with the advice of the City Attorney, when necessary, determine the regularity legality, and correctness of such charges: (d) Settle claims, demands or other charges including the issuing of warrants therefor: (e) Maintain general and cost accounting systems for the City government and each of its offices, departments, and other agencies; keep separate accounts for the items of appropriation contained in the City budget, each of which accounts shall show the amount of appropriations the amounts paid therefrom the unpald obligations against it and the unencumbered balance: and require reports of the receipts and disbursements from each receiving and expending agency of the City govemment to be made daily or at such intervals as he may deem expedient (f) Submit to the City Council through the City Manager a monthly statement of all receipts and disbursements and other financial data in sufficient detail to show the exact financial condition of the City, and as of the end of each fiscal year, submit a complete financial statement and report: (g) Administer the license and business tax program of the City' (h) Direct treasury administration for the City, including the receiving and collecting of revenues and receipts from whatever source; have custody of all public funds belonging to or under the control of the City or any office department or other agency of the Citv government: and deposit all funds coming into his hands in such depository as may be designated by resolution of the City Council, or, if no such resolution be adopted by the City Manager, in compliance with all of the provisions of the state constitution and laws of the state governing the handling depositing and securing of public funds; (i) Direct centralized purchasing and a property control system for the City government under rules and regulations to be prescribed by ordinance. Sec. 1107. — Reserved. Gifts to officers and employees prohibited It shall be unlawful for any person or organization that is financially interested in any decision pending action by any agency, officer or employee of the City, or in any contract to which the City is a party to make any gifts aggregating in value more than 55B-20 twenty-five dollars ($25.00) in any one calendar month to any officer, or employee of the City. No person or organization shall be deemed to have a financial interest in a decision or contract by reason of any interest which is shared by a significant portion of the general public. No gift is unlawful which is similarly made or offered to a significant portion of the general public. Any person who makes acts as the agent or intermediary in the making of, or arranges for the making of, any gift which is unlawful hereunder is guilty of a misdemeanor. Any officer or employee who receives any gift which he knows or reasonably should know, is unlawful hereunder is guilty of a misdemeanor. 55B-21 55B-22 RESOLUTION NO. 2018 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING WRITTEN ARGUMENTS FOR PROPOSED AMENDMENTS TO THE SANTA ANA CHARTER REGARDING WHETHER THE CITY CHARTER SHOULD BE AMENDED TO MODERNIZE AND REMOVE OUTDATED LANGUAGE TO REFLECT CHANGES OR CONFLICTS IN THE CITY OR STATE LAW CONCERNING GIFTS AND CAMPAIGN CONTRIBUTIONS AND DESIGNATED CITY FUNDS CREATE CONSISTENCY IN THE MUNICIPAL CODE REGARDING BOARDS AND COMMISSIONS; AND MOVE THE QUALIFICATION FOR THE FINANCE DIRECTOR TO THE MUNICIPAL CODE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. A general municipal election of the City of Santa Ana will be held on November 6, 2018, at which there will be submitted to the qualified electors of the City a Charter Amendment measure related to whether the City Charter should be amended to modernize and remove outdated language to reflect changes or conflicts in the City or State law concerning gifts and campaign contributions and designated City funds; Create consistency in the Municipal Code regarding Boards and Commissions; and Move the qualification for the Finance Director to the Municipal Code. B. That pursuant to the requirements at Section 9282 of the Elections Code of the State of California, the legislative body may authorize any members) of the City Council to write arguments for or against any measure. Section 2: The City Council, as the legislative body of the City of Santa Ana, hereby authorizes the Clerk of the Council to give preference and priority to any member or members of the City Council (up to five members), then to voters as set forth in California Elections Code section 9287, to file a written argument for or against the City measures set forth above, and to change said argument until and including the date fixed by the Clerk of the Council after which no arguments for or against said City measure may be submitted. Exhibit 3 Resolution 2018 -XXX Page 1 of 2 55B-23 Section 3: This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _ day of July, 2018. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Laura A. Rossini Senior Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2018 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on July___L, 2018. Date: Maria D. Huizar, Clerk of the Council Resolution 2018 -XXX 55B-24 Page 2 of 2