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HomeMy WebLinkAboutAgenda Packet_2022-12-13City Council Meeting Packet December 13, 2022 SPECIAL MEETING - 6:00 PM CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 Vicente Sarmiento Mayor Thai Viet Phan Councilmember —Ward 1 Jessie Lopez Councilmember - Ward 3 Johnathan Ryan Hernandez Councilmember - Ward 5 Nelida Mendoza Councilmember - Ward 2 Phil Bacerra Mayor Pro Tem - Ward 4 David Penaloza Councilmember - Ward 6 Mayor and Council telephone: 714-647-6900 Agenda item inquiries: 714-647-6520 Sonia R. Carvalho Kristine Ridge Norma Orozco City Attorney City Manager Assistant Clerk of the Council In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 647-5624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City's website — www.santa-ana.org/city-meetings. City Council 1 12/13/2022 CITY VISION AND CODE OF ETHICS The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows: Vision - The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate - Enriched and diverse culture • Quality government services Mission - To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents. Guiding Principles - Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility - Innovation • Transparency Code of Ethics and Conduct - At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: - Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency City Council 2 12/13/2022 Members of the public may attend the City Council meeting in -person or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3. PUBLIC COMMENTS — Members of the public who wish to address the City Council on items only on the special agenda may do so by one of the following ways: • MAILING OPTION written communications — Public comments may be mailed to: Office of the Clerk of the Council, 20 Civic Center Plaza M-30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. • SENDING E-MAIL OPTION — Public comments may be sent via email to the City Clerk's office at eComment&santa-ana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received before 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. • LIVE VIRTUAL OPTION — Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https:Hus02web.zoom.us/m/315965149. To join the Conference Call: Dial (669) 900-9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for comments. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller's phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak. • IN -PERSON OPTION - Members of the public can provide in -person comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting in -person. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a "Request to Speak" card by 6:00 p.m. for the public comment period as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair. The following designated public comment periods are: LIVE PUBLIC COMMENTS ON SPECIAL AGENDA ITEMS (GENERAL PUBLIC COMMENT) — You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 5:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 6:00 p.m. Speakers who are not in the speaker queue by 6:00 p.m. will not be permitted to speak. City Council 3 12/13/2022 About the Agenda To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball) or download a pdf (the cloud symbol with the down arrow ). City Council 4 12/13/2022 2020-2022 CITY COUNCIL CALL TO ORDER ATTENDANCE Councilmembers Mayor Pro Tern Mayor City Manager City Attorney Clerk of the Council ROLL CALL Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza David Penaloza I I IT my=a a IFTi1 Phil Bacerra Vicente Sarmiento Kristine Ridge Sonia R. Carvalho PRESENTATION OF THE COLORS Honor Guard, Santa Ana Police Department PLEDGE OF ALLEGIANCE Kaiya Gonzales WORDS OF INSPIRATION Pastor Maribel Toan PUBLIC COMMENT — Agendized items only. IBUSINESS CALENDAR 1. Resolution Declaring the November 8, 2022 General Municipal Election Results - Measures W and X and the Election of Certain Officers Department(s): Clerk of the Council Office Recommended Action: 1.Resolution No. 2022-XXX - Adopt a resolution declaring the results of the General Municipal Election held in the City on November 8, 2022. 2. Execute Ordinance No. NS-3031 approved by the voters amending Articles IV, IX, and X of Chapter 21 of the Santa Ana Municipal Code to restructure non -cannabis business license tax rates and adding Article XIV to Chapter 21 of the Santa Ana Municipal Code to provide a Flexible Tax Holiday for unlicensed, past due, or underassesed businesses (Measure W). 3. Authorize submission to the Secretary of State, for acceptance and filing, Amendments to the Santa Ana City Charter approved by the voters imposing a lifetime ban for the Mayor after 4 terms and a lifetime ban for Councilmembers after completion of 3 terms, requiring approval of 2/3 of the City Council to adopt a budget, expanding the application of the Code of Ethics, utilizing gender neutral language throughout the City Council 5 12/13/2022 Charter, changing references to the "Clerk of Council" to "City Clerk" and making other minor updates (Measure X). PRESENTATION City Tiles presented to Mayor Vicente Sarmiento and Councilmember Nelida Mendoza for their exceptional service to the residents of the City of Santa Ana during their tenure. COUNCIL COMMENTS — Outgoing Members OATH OF OFFICE ADMINISTERED TO OFFICERS ELECTED NAME TITLE Benjamin Vazquez Councilmember, Ward 2 Phil Bacerra Councilmember, Ward 4 David Penaloza Councilmember, Ward 6 Valerie Amezcua Mayor 2022-2024 CITY COUNCIL CALL TO ORDER ATTENDANCE Councilmembers Mayor Pro Tern Mayor City Manager City Attorney Clerk of the Council ROLL CALL Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan Benjamin Vazquez Phil Bacerra Valerie Amezcua Kristine Ridge Sonia R. Carvalho I BUSINESS CALENDAR 2. Election of Mayor Pro Tern for 2023 City Council 6 12/13/2022 Department(s): Clerk of the Council Office Recommended Action: It is recommended that: 1. The Mayor calls for nominations for Mayor Pro Tern Position. 2. The Mayor closes nominations for position. 3. The Mayor declares the result of the election. **END OF BUSINESS CALENDAR** COUNCIL COMMENTS ADJOURNMENT — Adjourn the special city council meeting. City Council 7 12/13/2022 Clerk of the Council Office www.santa-ana.org/clerk-of-the-council/ Item # 1 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 13, 2022 TOPIC: Certification of the General Municipal Election held on November 8, 2022 AGENDA TITLE: Resolution Declaring the November 8, 2022 General Municipal Election Results - Measures W and X and the Election of Certain Officers RECOMMENDED ACTION 1. Adopt a resolution declaring the results of the General Municipal Election held in the City on November 8, 2022. 2. Execute Ordinance No. NS-3031 approved by the voters amending Articles IV, IX, and X of Chapter 21 of the Santa Ana Municipal Code to restructure non -cannabis business license tax rates and adding Article XIV to Chapter 21 of the Santa Ana Municipal Code to provide a Flexible Tax Holiday for unlicensed, past due, or underassesed businesses (Measure W). 3. Authorize submission to the Secretary of State, for acceptance and filing, Amendments to the Santa Ana City Charter approved by the voters imposing a lifetime ban for the Mayor after 4 terms and a lifetime ban for Councilmembers after completion of 3 terms, requiring approval of 2/3 of the City Council to adopt a budget, expanding the application of the Code of Ethics, utilizing gender neutral language throughout the Charter, changing references to the "Clerk of Council" to "City Clerk" and making other minor updates (Measure X). DISCUSSION On December 2, 2022 the Orange County Registrar of Voters certified the results of the canvass of the Santa Ana General Municipal Election returned for Measures W and X, and the election of certain officers. Pursuant to State Elections Code Sections 10263 and 10264, the City Council must adopt a resolution reciting the fact of the election results as follow: (a) The whole number of votes cast in the city; (b) The names of the persons voted for; (c) The measures voted upon; (d) For what office each person was voted for; (e) The number of votes given at each precinct to each person and for and against each measure; and (f) The number of votes given in the city to each person and for and against each measure. City Council 1 — 1 12/13/2022 Certification of the General Municipal Election December 13, 2022 Page 2 Measure W, considered and approved by the voters, is an ordinance to amend Chapter 21 of the Santa Ana Municipal Code to restructure non -cannabis business license tax rates and to provide a flexible tax holiday for unlicensed, past due, or underassessed business. Pursuant to Elections Code Section 9217, the ordinance shall be considered as adopted upon the date that the vote is declared by the City Council, and shall go into effect ten (10) days after that date. Measure X, considered and approved by the voters, is related to updating the Charter by imposing a lifetime ban for the Mayor after 4 terms and a lifetime ban for Councilmembers after completion of 3 terms, requiring approval of 2/3 of the City Council to adopt a budget, expanding the application of the Code of Ethics, utilizing gender neutral language throughout the Charter, changing references to the "Clerk of Council" to "City Clerk" and making other minor updates. Pursuant to Government Code Section 34459, if the voters vote in favor of the charter proposal, amendment, or repeal, it shall be deemed to be ratified, but shall not take effect until accepted and filed by the Secretary of State pursuant to Section 34460. Also on the Result of the Canvass of the General Election Returns are the results of the election of certain officers. The accompanying Resolution and Certificate of Registrar of Voters to Result of the Canvass of the General Election Returns identify the results of the balloting. By adopting the resolution, the City Council declares elected the following individuals: • Valerie Amezcua, Mayor- • Benjamin Vazquez - Councilmember, Ward 2 • Phil Bacerra - Councilmember, Ward 4 • David Penaloza - Councilmember, Ward 6 The resolutions placing the Measures on the ballot are also provided as reference and included as exhibits. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Resolution Declaring the Results of the November 8, 2022 General Municipal Election 1A. Certificate of Registrar of Voters 2. Ordinance No. NS-3031 (Measure W) City Council 1 —2 12/13/2022 Certification of the General Municipal Election December 13, 2022 Page 3 3. Charter Amendments (Measure X) 4. Resolution No. 2022-056 (Measure W - Business License Tax Rates) 5. Resolution No. 2022-067 (Measure X - Charter Amendments) Submitted By: Norma Orozco, Acting Assistant Clerk of the Council Approved By: Kristine Ridge, City Manager City Council 1 —3 12/13/2022 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022 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. Pursuant to the Charter of the City of Santa Ana, a general municipal election was held in the City of Santa Ana on November 8, 2022, to fill the office of Mayor and offices of members of the City Council nominated from Wards 2, 4 and 6 of the City, and to consider two measures, entitled "W" and "X" respectively. B. The results of the said election, including the whole number of votes cast in the City, the names of the persons voted for, the measures voted upon, for what office each person was voted for, the number of votes given at each precinct to each person and for and against each measure, and the number of votes given in the City to each person and for and against each measure, are set forth in the Certificate of Registrar of Voters to Result of the Canvass of the General Election Returns, which is attached as Exhibit A and incorporated herein by this reference as though fully set forth. C. City Charter Section 406 provides that "[t]he City Council shall be the judge of the election and qualifications of its members as defined in section 401 of this charter and shall meet on the first regularly scheduled meeting after election returns are certified for any municipal election at which members of the City Council are elected, declare the results thereof, and install elected members, if any." D. The City Council determines in accordance with Section 406 of the City Charter that Valerie Amezcua is entitled to hold the office of Mayor. The City Council also declares Valerie Amezua elected to the office of Mayor of the City of Santa Ana for a two-year term. E. The City Council determines in accordance with Section 406 of the City Charter that Benjamin Vazquez is entitled to hold the office of Councilmember for Ward 2. The City Council also declares Benjamin Vazquez elected to the office of Councilmember for Ward 2 of the City of Santa Ana for a four-year term. F. The City Council determines in accordance with Section 406 of the City Charter that Phil Bacerra is entitled to hold the office of Councilmember for Ward 4. Resolution No. 2022-XXX City Council 1-4 12/13 2OUof 3 The City Council also declares Phil Bacerra elected to the office of Councilmember for Ward 4 of the City of Santa Ana for a four-year term. G. The City Council determines in accordance with Section 406 of the City Charter that David Penaloza is entitled to hold the office of Councilmember for Ward 6. The City Council also declares David Penaloza elected to the office of Councilmember for Ward 6 of the City of Santa Ana for a four-year term. H. Based upon results of the said election, the following measure shall become a valid and binding ordinance of the City, shall be considered as adopted upon the date that the vote is declared by the City Council, and shall go into effect 10 days after that date: • Measure W: Santa Ana Business License Tax Equity and Flexible Tax Holiday Measure I. Based upon results of the said election, the following measure shall become effective after acceptance and filing by the Secretary of State: • Measure X: Charter Amendments Section 2. 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 December, 2022. Mayor APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By:—,�-%�� John M. Funk Chief Assistant City Attorney Res 19f - Page ii1 — 5 12/13/2022 AYES Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , Clerk of the attached Resolution No 2022-XXX to b Council of the City of Santa Ana on Date e Council do hereby attest to and certify the the original resolution adopted by the City 2022. Clerk of the Council City of Santa Ana Resolution No. 2022-XXX City Council 1 — 6 12/13/2Kof 3 EXHIBIT A CERTIFICATE OF REGISTRAR OF VOTERS TO RESULT OF THE CANVASS OF THE GENERAL ELECTION RETURNS STATE OF CALIFORNIA) )SS. COUNTY OF ORANGE ) I, Bob Page, Registrar of Voters of Orange County, do hereby certify the following to be a full, true and correct Statement of the Vote, consolidated with the General Election held on November 8, 2022. CITY OF SANTA ANA MAYOR VALERIE AMEZCUA 16,095 JOSE SOLORIO 11,507 SAL TINAJERO 11,078 JESSE NESTOR 3,162 VOTE CENTER BALLOTS CAST: 6,282 VOTE -BY -MAIL BALLOTS CAST: 40,048 TOTAL BALLOTS CAST: 46,330 MEMBER OF THE CITY COUNCIL, WARD 2 BENJAMIN VAZQUEZ 2,235 NELIDA MENDOZA 2,155 VOTE CENTER BALLOTS CAST: 590 VOTE -BY -MAIL BALLOTS CAST: 4,109 TOTAL BALLOTS CAST: 4,699 MEMBER OF THE CITY COUNCIL, WARD 4 PHIL BACERRA 4,406 AMALIA MEDIA 3,865 VOTE CENTER BALLOTS CAST: 1,220 VOTE -BY -MAIL BALLOTS CAST: 8,230 TOTAL BALLOTS CAST: 9,450 MEMBER OF THE CITY COUNCIL, WARD 6 DAVID PENALOZA 2,863 MANUEL "MANNY" ESCAMILLA 2,364 VOTE CENTER BALLOTS CAST: 745 VOTE -BY -MAIL BALLOTS CAST: 4,867 TOTAL BALLOTS CAST: 5,612 City Council 1 — 7 12/13/2022 MEASURE W YES 27,142 NO 14,596 MEASURE X YES 32,071 NO 10,425 VOTE CENTER BALLOTS CAST: 6,282 VOTE -BY -MAIL BALLOTS CAST: 40,048 TOTAL BALLOTS CAST: 46,330 I hereby certify that the number of votes cast for each candidate and measure is as set forth above and appears in the Certified Statement of the Vote. WITNESS my hand and Official Seal this 2nd day of December, 2022. JIG% --- Registrar of Voters Orange County City Council 1 — 8 12/13/2022 12/02/2022 3:07 PM District Results Report - November 08, 2022 Page 3089 Vote Center Totals District K N u o E 03 i Orange County 128,252 6,282 45 Orange County 128,252 6,282 4.S 40th Congressional District 145 12 &1 46th Congressional District 128,107 6,270 4 34th Senate District 127,580 6.222 4.! 37th Senate District 672 60 8.' 68th Assembly District 104,653 5,113 4 74th Assembly District 23.454 1,157 4.' 73rd Assembly District 145 12 8.: 2nd Supervisodal District 128,252 6,282 4.S Santa Ana 128,252 6,282 4.1 Santa Ana Ward Division 1 24,166 1,181 4' Santa Ana Ward Division 2 17,57fi 590 D Santa Ana Ward Division 3 26,525 1,760 61 Santa Ana Ward Division 4 24,V7 1,220 5.( Santa Ana Ward Division 5 16,959 786 4.t Santa Ana Ward Division 6 19,649 745 4.( State Board of Equalization 128,252 6,282 4 c (4th District) County Board of Education 110,256 5,369 4.5 Trustee Atea 1 County Board of Education 17,996 913 5.1 Trustee Area 4 Coast Community College 2,653 166 6._ District Coast Community College 2,653 166 6.-- District Trustee Area 2 South Orange County 5,823 410 71 Community College District South Orange County 5,823 410 71 Community College District Trustee Area 2 Rancho Santiago Community 119,776 5,706 4.E College District Rancho Santiago Community 31,235 1,353 4.3 College District Trustee Area 1 Rancho Santiago Community 19,828 1,057 5.3 College District Trustee Area 2 Rancho Santiago Community 33,307 1,458 4A College DistrictTrustee Area 3 Rancho Santiago Community 17,157 776 4.5 College District Trustee Area 4 Rancho Santiago Community 19,249 1,062 5A College District Trustee Area 5 Santa Ana Unified School 93,143 4,301 4.6 District Santa Ana Unified School 20,543 1,238 6.0 District Tmstee Area 1 Santa Ana Unified School 17.194 632 3.7 District Trustee Area 2 Santa Ana Unified School 14,793 577 3.9 District Trustee Area 3 Santa Ana Unified School 22,922 968 4.2 DistrictTrustee Area 4 Santa Arta Unified School 17,691 886 5.0 District Trustee Area 5 Tustin Unified School District 5,823 410 7.0 Tustin Unified School District 0 0 0.0 Trustee Area 1 Tustin Unified School District 5,823 410 7.0 Trustee Area 4 Garden Grove Unified School 23,755 1,168 4.9 District //''++��}} Garden Grove Unified ScW6hay COWIC I 352 4A District Trustee Area 3 1,975 1,975 2 1,973 1,961 14 1,635 338 2 1,975 1,975 334 181 584 367 280 229 1,975 1,715 260 45 45 133 133 1,797 409 328 437 242 381 1,391 426 217 204 280 264 133 0 133 343 n� 0 O O z V) w o � J z z O w H 0 J V) 9 V) 699 699 2 697 688 11 549 149 2 699 699 1S2 49 217 131 71 79 699 578 121 24 24 37 37 639 154 121 146 91 126 461 149 58 52 94 108 37 0 37 102 42 1,220 1,220 4 1,216 1,209 11 1,050 166 4 1.220 1,220 177 162 291 222 164 204 1,220 1,096 124 14 14 63 63 1,143 304 229 278 138 194 923 242 163 143 189 196 63 0 63 170 1-9 1,600 1,600 4 1,596 1,583 17 1,268 328 4 1,600 1,600 321 352 434 119 206 168 1.600 1,345 255 57 57 118 118 1,425 327 244 389 218 247 1,045 291 143 13o 262 219 118 0 118 96 12/13/2022 12/02/2022 3:07 PM District Results Report - November 08, 2022 CITY OF SANTA ANA Mayor Vote Center Totals C o m Cn District m Garden Grove Unified School 14,127 755 5.1 District Trustee Area 4 Garden Grove Unified School 89B 61 6.8 District Trustee Area 5 Orange Unified School District 5,531 403 7.3 Orange Unified School District 1,069 58 5A Trustee Area 2 Orange Unified School District 4,462 345 7.7 Trustee Area 7 East Orange County Water 55 7 12,7 District East Orange County Water 55 7 12.7 District Division 2 [wine Ranch Water District 536 48 9.0 Irvine Ranch Water Dist - Div 4 536 48 9.0 Historical 2010-46th 110,256 5,369 4.9 Congressional District Historical 2010 - 48th 17,996 913 5.1 Congressional District Historical 2010 - 34th Senate 128,252 6,282 4.9 District Historical 2010 - 69th 110,256 5,369 4.9 Assembly District Historical 2010 - 72nd 17,996 913 5.1 Assembly District Historical 2010-State Board of 128,252 6,282 4.9 Equalization (4th District) Historical 2010 - 1st 128,252 6,282 4.9 Supervisotial District Historical 2010 - County Board 128,252 6,282 4.9 of Education Trustee Area 1 Vote Center Totals 128,252 6,282 4.9 n1_1 p O o w o a z o Ln w N Q 222 97 103 214 19 11 5 19 109 51 64 108 20 6 12 14 88 45 52 94 0 2 2 2 0 2 2 2 11 7 9 10 11 7 9 1D 1,715 578 1,0% 1,345 260 121 124 255 1,975 699 1,220 1,600 1,715 578 1,096 1,345 260 121 124 255 1,975 699 1,220 1,600 2,975 699 1,220 1,600 1,975 699 1,220 1,600 1,975 699 1,220 1,500 Page3090 City Council 1 - 10 12/13/2022 12/02/2022 3:07 PM District Results Report - November 08, 2022 Page 3091 Vote by Mail Totals District Orange County 128,252 40,048 31.: Orange County 128,252 40,048 31. 40th Congressional District 145 51 35: 46th Congressional District 128,107 39,997 31.: 34th Senate District 127,580 39,749 31: 37th Senate District 672 299 441 68th Assembly District 104,653 32,432 31.0 70th Assembly District 23,454 7,565 32._ 73rd Assembly District 145 51 35.: 2nd Supervisorial District 128,252 40,D48 31.: Santa Ana 128,252 40,048 31: Santa Ana Ward Division 1 24,166 9,134 33J Santa Ana Ward Division 2 17,576 4,109 23A Santa Ana Ward Division 3 26,525 117,456 39A Santa Ana Ward Division 4 24,377 8,230 33.E Santa Ana Ward Division 5 16,959 4,252 25.1 Santa Ana Ward Division 6 19,649 4,867 26A State Board of Equalisation 128,252 40,048 31.2 (4th District) County Board of Education 110,256 34,009 30.E Trustee Area 1 County Board of Education 17,996 6,039 33.E Trustee Area 4 Coast Community College 2,653 950 35.E District coast Community College 2,653 950 35.E District Trustee Area 2 South Orange County 5,823 2,131 36,E Community College District South Orange County 5,823 2,131 36.6 Community College District Trustee Area 2 Rancho Santiago Community 119,776 36,967 30.9 College District Rancho Santiago Community 31,235 9,327 29.9 College District Trustee Area 1 Rancho Santiago Community I9,828 5,938 29.9 College District Trustee Area 2 Rancho Santiago Community 33,307 10,050 30.2 College District Trustee Area 3 Rancho Santiago Community 17,157 4,836 23.2 College District Trustee Area 4 Rancho Santiago Community 18,249 6,816 37.3 College District Trustee Area 5 Santa Ana Unified School 93,143 28,265 303 District Santa Ana Unified School 20,543 7,604 37.0 District Trustee Area I Santa Ana Unified School 17,194 3,945 22.9 District Trustee Area 2 Santa Ana Unified School 14,793 3,174 25.5 District Trustee Area 3 Santa Ana Unified School 22,922 7,350 32.1 District Trustee Area 4 Santa Ana Unified School 17,691 5,592 31.6 District Trustee Area 5 Tustin Unified School District 5,823 2,131 36.6 Tustin Unified School District 0 0 0.0 Trustee Area 1 Tustin Unified School District 5,823 2,131 36,6 Trustee Area 4 Garden Grove Unified School 23.755 7.630 :19 1 District ('��`, (' �/� Garden Grove Unified 52tfotitl OY00 1 2409 30A District Trustee Area 3 14120 14120 11 14109 14029 91 11442 2667 11 14120 14120 2841 1358 3972 2850 1590 1609 14120 11965 2155 297 297 737 737 13086 3211 2012 3424 1794 2645 10000 2953 1410 1249 2467 1921 737 737 827 rr O O O � � 0 z Z z � lL ~ W Ln J / Ln u; � O 2463 9858 2463 9858 4 15 2459 9843 2444 9785 19 73 1935 8498 524 1345 4 15 2463 9858 2463 9858 547 1596 245 1307 646 2433 503 2055 234 1055 288 1412 2463 9858 2039 8757 424 1101 79 169 79 169 130 492 130 492 2254 9197 535 2534 406 1632 622 2398 302 10W 389 1621 1684 7561 474 1927 208 1132 235 1165 450 1881 317 1456 130 492 0 0 130 492 SJ7 13Fi 173 1 - 4181 9907 9907 15 9892 9834 73 7822 2070 15 9907 9907 2130 1007 2467 1925 1074 1303 9907 8335 1572 219 219 543 543 9145 2328 1423 2563 1295 1536 6787 1660 998 916 1787 1426 543 D 543 722 12/13/2022 12/02/2022 107 PM no -ow -, Vote by Mail Totals o District K pip H Garden Grove Unified School 14,927 4,961 33.2 District Trustee Area 4 Garden Grove Unified School 898 260 29.0 District Trustee Area 5 orange Vnifred School District 5,531 2,022 36.6 Orange Unified School District 1,069 317 29.7 Trustee Area 2 Orange Unified School District 4,462 1,705 38.2 Trustee Area 7 East Orange County Water 55 17 30.9 District East Orange County Water 55 17 30.9 District Division 2 Irvine Ranch Water District 536 142 26.5 Irvine Ranch Water Dist - Div 4 536 142 26.5 Historical 2010 - 46th 110,256 34,009 30.8 Congressional District Historical 2010-4Bth 17,996 6,039 33.6 Congressional District Historical 2010 - 34th Senate 128,252 40,048 31.2 District Historical 2010 - 63th 110,256 34,009 30.8 Assembly District Historical 2010 - 72nd 17.996 6,039 33.6 Assembly District Historical 2010 - State Board of 128,252 40,048 31.2 Equalization f4th District) Historical 2010 - 1st 128,252 40,048 31.2 Supervisorial District Historical 2010 - County Board 128,252 40,048 31.2 of Education Trustee Area 1 Vote by Mail Totals 128,252 40,048 31.2 District Results Report - November 08, 2022 Page 3092 a U u ,N,., 2 a J 7 °C O Ln Z w to Ln c w a ° z a Ln w LI) V) 1754 333 912 1313 103 21 43 52 699 122 442 490 120 12 69 68 579 tic 373 422 7 3 1 5 7 3 1 5 35 11 48 28 35 11 48 28 11965 2039 8757 8335 2155 424 1101 1572 14120 2463 9858 9907 11965 2039 8757 8335 2155 424 1101 1572 14120 2463 9858 9907 14120 2463 9858 9907 14120 2463 9858 9907 14,120 2,463 9,85E 9,907 City Council 1 — 12 12/13/2022 12/02/2022 3:07 PM District Results Report - November 08, 2022 Page3093 Grand Totals C - District o01c m :3 Orange County 128,752 46,330 36,: Orange County 128,252 46,330 36.: 40th Congressional District 145 63 43.E 46th Congressional District 128,107 46,267 36.: 34th Senate District 127,580 45,971 36.1 37th Senate District 672 359 53.E 68th Assembly District 104,653 37,545 353 70th Assembly District 23,454 8,722 37.: 73rd Assembly District 145 63 43! 2nd Superviscrial District 129,252 46,330 36.: Santa Ana 128,252 46,330 36.: Santa Ana Ward Division 1 24,166 9,315 38.`. Santa Ana Ward Division 2 17,576 4,699 26., Santa Ana Ward Division 3 26,525 12,216 46.] Santa Ana Ward Division 4 24,377 9,450 38.E Santa Ana Ward Division 5 16,959 5,038 7911 Santa Ana Ward Division 6 18,649 5,612 30.1 State Board of Equalization 128,252 46,330 36.1 (4th District) County Board of Education 110,256 39,379 35.1 Trustee Area 1 County Board of Education 17,996 6,952 38.E Trustee Area 4 Coast Community College 2,653 1,116 42.1 District Coast Community College 2,653 1,116 42.1 District Trustee Area 2 South Orange County 5,823 2,541 431 Community College District South Orange County 5,823 Z541 43.6 Community College District Trustee Area 2 Rancho Santiago Community 119,776 42,673 351 College District Rancho Santiago Community 31,235 10,680 34.2 College District Trustee Area 1 Rancho Santiago Community 19,828 6,995 35.3 Coilege District Trustee Area 2 Rancho Santiago Community 33,307 11,508 34.E College District Trustee Area 3 Rancho Santiago Community 17,157 5,612 32,7 College District Trustee Area 4 Rancho Santiago Community 18,249 7,978 43.2 College District Trustee Area 5 Santa Ana Unified School 93,143 32,566 35.0 District Santa Ana Unified School 20,543 8,842 43.0 District Trustee Area 1 Santa Ana Unified School 17,194 4,577 26.6 District Trustee Area 2 Santa Ana Unified School 14,793 4,351 29A District Trustee Area 3 Santa Ana Unified School 22,922 8,318 36.3 District Trustee Area 4 Santa Ana Unified School 17.691 6,478 36.6 District Trustee Area 5 Tustin Unified School District 5,823 2,541 43.6 Tustin Unified School District 0 0 0.0 Trustee Area 1 Tustin Unified School District 5,823 2,541 43.6 Trustee Area 4 Garden Grave Unified School 23.755 8.798 37.0 District (''�}`, (' n r Garden Grove Unified SPAY `�'OP93tY�1 2,761 34,8 District Trustee Area 3 16095 16095 13 16082 15990 105 13077 3005 13 16095 16095 3175 1539 4456 3217 1870 1838 16095 13680 2415 342 342 870 870 14883 3620 2340 3861 2036 3026 11391 3379 1627 1453 2747 2185 870 0 870 3027 929 0 0 a 0 Z Z 0 w un un r c"I O 3162 11078 3162 11078 6 19 3156 11059 3132 10994 30 84 2483 9548 673 1511 6 19 3162 11078 3162 11078 699 1773 294 1469 863 2724 634 2277 305 1219 367 1616 3162 111178 2617 9853 545 1225 103 183 103 183 167 555 167 555 2892 10340 689 2838 527 1861 768 2676 393 1150 515 1815 2145 8484 673 2169 266 1295 287 130E 544 2070 425 1642 167 555 0 0 167 555 677 5533 215 1 - 413 11507 11507 19 11488 11417 90 9090 2398 19 11507 11507 2451 1159 2901 2245 1280 1471 11507 968a 1827 276 276 661 661 10570 2655 1667 2952 1513 1783 7832 1951 1141 1046 2049 1645 661 a 661 111. 618 12/13/2022 12/02/2022 3.07 PM �M N Grand Totals o ae U C District oac 00 F Garden Grove Unified School 14,927 5,716 38.3 District Trustee Area 4 Garden Grove Unified School 898 321 35.7 District Trustee Area 5 Orange Unified School District 5,531 2,425 43.8 Orange Unified School District 1,069 375 35.1 Trustee Area 2 Orange Unified Schaal District 4,462 2,050 45.9 Trustee Area 7 East Orange County Water 55 24 43-6 District East Orange County Water 55 24 43.6 District Division 2 Irvine Ranch Water District 536 190 35.4 Wine Ranch Water Dist - Div 4 536 190 35.4 Historical 2010 - 46th 110,256 39,378 35.7 congressional District Historical 2010-48th 17,996 6,952 38.6 Congressional District Historical 2010 - 34th Senate 128,252 46,330 36.1 District Historical 2010 - 69th 110,256 39,378 353 Assembly District Historical 2010 - 72nd 17,996 6,952 38.6 Assembly District Historical 2010 - State Board of 128,252 46,330 36.1 Equalization {4th District} Historical 2010 - 1st 128,252 46,330 36.1 Supervisorial District Historical 2010 - County Board 128,252 46,330 36.1 of Education Trustee Area 1 Vote tenter Totals 128,252 6,282 4.9 Vote by Mall Totals 128,252 40,048 31.2 Grand Totals 128,252 46,330 36.1 District Results Report - November 08, 2022 Page 3094 CITY OF SANTA ANA Mayor w O O w O Q W Q J z z 0 W � J Ln N j Uq L O 1976 430 1015 1527 122 32 48 71 807 173 506 598 140 18 81 82 667 155 425 516 7 5 3 7 7 5 3 7 46 18 57 38 46 18 57 38 13680 2617 9853 9680 2415 545 1225 1827 16095 3162 11078 11507 13680 2617 9853 9680 2415 545 1225 1827 16095 3162 11078 11507 16095 3162 11078 11507 16095 3162 11078 11507 1,975 699 1,220 1,600 14,120 2A63 9,858 9,907 16,095 3,162 11,079 11,507 City Council 1 - 14 12/13/2022 12102/2022 3:07 PM District Results Report - November 08, 2022 Page 3096 1 - _OWN r • ._ - Vr Vote Center Totals o � o v District m Orange County 17,576 Orange County 17,576 46th Congressional District 17,576 34th Senate District 17,576 68th Assembly District 17,576 2nd Supervisorial District 17,576 Santa Ana 17,576 Santa Ana Ward Division 2 17r576 State Board of Equalization 17,576 (4th District) County Board of Education 17,576 Trustee Area 1 Rancho Santiago Community 17,576 College District Rancho Santiago Community 5,833 College Di5trict Trustee Area 1 Rancho Santiago Community 3,641 College District Trustee Area 2 Rancho Santiago Community 5,657 College District Trustee Area 3 Rancho Santiago Community 1,498 College District Trustee Area 4 Rancho Santiago Community 947 College District Trustee Area 5 Santa Ana Unified School 17,576 District Santa Ana Unified School 9,120 District Trustee Area 2 Santa Ana Unified Sehooi 6,082 District Trustee Area 3 Santa Ana Unified School 2,374 District Trustee Area 4 Historical 2010 - 46th 17,576 Congressional District Historical 2010 - 34th Senate 17,576 District Historical 2010 - 69th 17,576 Assembly Oistrict Historical 2010 - State Board of 17,576 Equalization (4th District} Historical 2010 - Ist 17,576 Supervisorial District Historical 2010 - County Board 17,576 of Education Trustee Area 1 Vote Center Totals 17,576 590 3.4 590 3.4 590 3.4 590 3,4 590 3.4 590 3A 590 3.4 590 3.4 590 3A 590 3A 590 3.4 186 3.2 126 3.5 200 3.5 43 2.9 35 3.7 590 3.4 300 3.3 210 3.5 80 3A 590 3.4 590 3A 590 3.4 590 3.4 590 3.4 590 3.4 590 3.4 N ...- . u c N a o o > z Q p J w cc w Z 255 255 255 255 255 255 255 255 255 255 255 79 58 84 21 13 25S 119 93 43 255 255 255 255 255 255 255 271 271 271 271 271 271 271 271 271 271 87 55 95 18 16 271 148 96 27 271 271 271 271 271 271 271 City Council 1 — 15 12/13/2022 12/02/2022 3:07 PM District Results Report - November 08, 2022 Page 3097 CITY OF Vote by Mai I Totals G o N Q C District CC m F Orange County 17,576 4,109 23A Orange County 17,576 4,109 23A 46th Congressional District 17,576 4,109 23.4 34th Senate District 17,576 4,109 23.4 68th Assembly District 17,576 4,109 23.4 2nd Supervisorial District 17,576 4,109 23.4 Santa Ana 17,576 4,109 23A Santa Ana Ward Division 2 17,576 4,109 23.4 State Board of Equalization 17,576 4,109 23A (4th District) County Board of Education 17,576 4,109 23A Trustee Area 1 Rancho Santiago Community 17,576 4,109 23A College District Rancho Santiago Community 5,833 1,277 21.9 College District Trustee Area 1 Rancho Santiago Community 3,641 905 24.9 College District Trustee Area 2 Rancho Santiago Community 5,657 1,339 23.7 College District Trustee Area 3 Rancho Santiago Community 1,498 383 25.6 College District Trustee Area 4 Rancho Santiago Community 947 205 21.6 College District Trustee Area 5 Santa Ana Unified School 17,576 4,109 23A District Santa Ana Unified School 9,120 2,115 23.2 District Trustee Area 2 Santa Ana Unified School 6,002 1,412 23.2 District Trustee Area 3 Santa Ana unified School 2,374 582 24.5 District Trustee Area 4 Historical 2010 - 46th 17,576 4, Log 23.4 Congressional District Historical 2010 - 34th Senate 17,576 4,109 23A District Historical 2010 - 69th 17,576 4,109 23A Assembly District Historical 2010 - State Board of 17,576 4,109 23A Equalization f4th District) Historical 2010 - 1st 17,576 4,109 23.4 Supervisorial District Historical 2010 - County Board 17,576 4,109 23.4 of Education Trustee Area 1 Vote by Mall Totals 17,576 4,109 23.4 1980 1980 1980 1980 1980 1980 1980 1980 1980 1980 1980 614 490 637 161 as 1980 999 707 274 1980 1980 1980 1980 1980 199D 1,980 1884 1884 1984 1984 1884 1884 1884 1884 1984 1884 1884 588 375 625 192 104 1894 993 617 274 1884 1884 1884 1884 1884 1884 1,884 City Council 1 - 16 12/13/2022 12/02/2022 3:07 PM District Results Report - November 08, 2022 Page 3098 CITY OF SANTA ANA Member, City Council, Ward 2 Grand Totals o OR u O C T District oc m Orange County 17,576 4,699 26.7 Orange County 17,576 4,694 26.7 46thCongressional District 17,576 4,699 26.7 34th Senate District 17,576 4,699 26.7 68th Assembly District 17,576 4,699 26.7 2nd Supervisorial District 17,576 4,699 26.7 Santa Ana 17,576 4,699 26.1 Santa Ana Ward Division 2 17,576 4,699 26.7 State Board of Equalization 17.576 4,699 26.7 (4th District) County Board of Education 17,576 4,699 26.7 Trustee Area 1 ' Rancho Santiago Community 17,576 4,699 26.7 College District Rancho Santiago Community 5,833 1,463 25.1 College District Trustee Area 1 Rancho Santiago Community 3,641 1,431 28.3 College District Trustee Area 2 Rancho Santiago Community 5,657 1,539 27.2 College District Trustee Area 3 Rancho Santiago Community 1,498 426 28A College District Trustee Area 4 Rancho Santiago Community 947 240 25.3 College Dlst&tTrustee Area 5 Santa Ana Unified School 17,576 4,699 26.7 District Santa Ana Unified School 9,120 2,415 26.5 District Trustee Area 2 Santa Ana Unified School 6.082 1,622 26.7 District Trustee Area 3 Santa Ana Unified School 2,374 662 27.9 District Trustee Area 4 Historical 2010 - 46th 17,576 4,699 26.7 Congressional District Historical 2019 - 34th Senate 17,576 4,699 26.7 District Historical 2010 - 69th 17,576 4,699 26.7 Assembly District Historical 2010 - State Board of 17,576 4,699 26.7 Equalization (4th District) Historical 2010 - 1st 17,576 4,699 26.7 Supervisorial District Historical 2010 - County Board 17,576 4,699 26.7 of Education Trustee Area I Vote Center Totals 17,576 590 3A Vote by Mail Totals I7,576 4,109 23A Grand Totals 17,576 4,699 26.7 2235 2235 2235 2235 2235 2235 2235 2235 2235 2235 2235 693 538 721 182 101 2235 1118 800 317 2235 2235 2235 2235 2235 2235 255 1,980 2,235 2155 2155 2155 2155 2155 2155 2155 2155 2155 2155 2155 675 430 720 210 120 2155 1141 713 301 2155 2155 2155 2155 2155 2155 271 1,884 2,155 City Council 1 - 17 12/13/2022 12/02/2022 3:07 PM District Results Report - November 08, 2022 AL CITY OF SANTA ANA Member, City Council.' Walio Vote Center T_ :_ ... ...:.._ ,. .:,..., .,. otals District O 12 cc U on 3 M a V Q r6 a 497 Q Q 494 Orange County 24,377 1,220 5.0 Orange County 24,377 1,220 5.0 497 494 46th Congressional District 24,377 1,220 5.0 497 494 34th Senate District 24,377 1,220 5.0 497 494 68th Assembly District 24,377 1,220 5.0 497 494 2nd Supervisorial District 24,377 1,220 5.0 497 494 Santa Ana 24,377 1,220 5,0 497 494 Santa Ana Ward Division 4 24,377 1,220 5.0 497 494 State Board or Equalization 24,377 1,220 5.0 497 494 (4th District) county Board of Education 24,377 1,220 5.0 497 494 Trustee Area 1 Rancho Santiago Community 24,377 1,220 5.0 497 494 College District Rancho Santiago Community 14,516 761 5.2 305 315 College District Trustee Area 1 Rancho Santiago Community 9,661 459 4.7 192 179 College District Trustee Area 3 Santa Ana Unified School 24,377 1,220 5.0 497 494 District Santa Ana Unified School 13,810 623 4.5 269 247 District Trustee Area 4 Santa Ana Unified School 10,567 597 5.6 228 247 District Trustee Area 5 Irvine Ranch Water District 536 46 9.0 14 18 Irvine Ranch Water Dist - Div 4 536 48 9.0 14 18 Historical 2010 - 46th 24,377 1,220 5.0 497 494 Congressional District Historical 2010 - 34th Senate 24,377 1,220 5.0 497 494 District Historical 2010 - 69th 24,377 1,220 5.0 497 494 Assembly District Historical 2010 - State Board of 24,377 1,220 5.0 497 494 Equalization (4th District) Historical 2010 - 1st 24,377 1,220 5,0 497 494 Supervisorial District Historical 2010 - County Board 24,377 1,220 50 497 494 of Education Trustee Area 1 Vote Center Totals 24,377 1,220 5.0 497 494 Page 3100 City Council 1 -18 12/13/2022 12/02/2022 3:07 PM District Results Report - November 08, 2022 Page 3101 Vote by Mail Totals 0 m U Y L � (f 0 District a m r Orange County 24,377 8,23(1 33,8 Orange County 24,377 8,230 33.9 46thCongressional District 24,377 8,230 33.8 34th Senate District 24,377 8,230 33.8 68th Assembly District 24,377 8,230 33.9 2nd Supervisorial District 24,377 8,230 33.8 Santa Ana 24,377 8,230 33.8 Santa Ana Ward Division 4 24,377 8,230 33.8 State Board of Equalization 24,377 8,230 33.8 (4th District) County Board of Education 24,377 9,230 33.8 Trustee Area 1 Rancho Santiago Community 24,377 9,230 33.8 College District Rancho Santiago Community 14,516 5,021 34.6 College District Trustee Area 1 Rancho Santiago Community 9.861 3,209 32.5 College District Trustee Area 3 Santa Ana Unified School 24,377 8,230 33.8 District Santa Ana Unified School 13,810 4,516 327 District Trustee Area 4 Santa Ana Unified School 10,567 3,714 35.1 District Trustee Area 5 Irvine Ranch Water District 536 142 26.5 Irvine Ranch Water Dist - Div4 536 142 26.5 Historical 2010 - 46th 24,377 8,230 33.8 Congressional District Historical 2010-34thSenate 24,377 8,230 33.8 District Historical 2011) - 69th 24,377 8,230 33S Assembly District Historical 2010 - State Board of 24,377 9,230 33.8 Equalization (4th District) Historical 2010 - 1st 24,377 8,230 33.8 Supervisorial District Historical 2010 - County Board 24,377 8,230 33-B of Education Trustee Area 1 Vote by Mail Totals 24,377 8,230 33.8 3909 3909 3909 3909 3909 3909 3909 3909 3909 3909 3909 2391 1518 3909 2116 1773 49 49 3909 3909 3909 3909 3909 3909 3,909 FI 3371 3371 3371 3371 3371 3371 3371 3371 3371 3371 3371 2102 1269 3371 1936 1S3S 69 69 3371 3371 3371 3371 3371 3371 3,371 City Council 1 - 19 12/13/2022 12/02/2022 3:07 PM District Results Report - November 08, 2022 Page 3102 WUOMMLY Grand Totals c o m a District tY on Orange County 24,377 9,450 39.9 Orange County 24,377 9,450 38.8 46th Congressional District 24,377 9,450 38.8 34th Senate District 24,377 9,450 38.8 68th Assembly District 24,377 9,450 38.8 2nd Supervisorial District 24,377 9,450 38.8 Santa Ana 24,377 9,450 38.8 Santa Ana Ward Division 4 24,377 9,450 38.8 State Board of Equalizatton 24,377 9,450 38-8 (4th District) County Board of Education 24,377 9,450 38,8 Trustee Area 1 Rancho Santiago Community 24,377 9,450 38,8 College District Rancho Santiago Community 14,516 5,782 39.8 College District Trustee Area 1 Rancho Santiago Community 9,861 3,668 47.2 College District Trustee Area 3 Santa Ana Unified School 24,377 9,450 39.8 District Santa Ana Unified School 13,810 5,139 37.2 District Trustee Area 4 Santa Ana Unified School 10,567 4,311 40.8 District Trustee Area 5 Irvine Ranch Water District 536 190 35A Irvine Ranch Water Dist - Div 4 536 190 35A Historical 2010 - 46th 24,377 9,450 38.8 Congressiona$ District Historical 2010 - 34th Senate 24,377 9,450 38.8 District Historical 2010 - 69th 24,377 9,450 38.3 Assembly District Historical 2010 - State Board of 24,377 9,450 38.8 Equalization (4th District) Historical 2010 - 1st 24,377 9,450 39.8 Supervisorial District Historica22010-County Board 24,377 9,450 38.8 of Education Trustee Area 1 Vote Center7otals 24,377 1,220 5.0 Vote by Mail Totals 24,377 8,230 33.9 Grand Totals 24,377 9,450 38,8 4406 4406 4406 4406 4406 4406 4406 4406 4406 4406 4406 2696 1710 4406 2405 2001 63 63 4406 4406 4406 4406 4406 4406 497 3,909 4,406 3865 3865 3865 3865 3865 3865 3865 3865 3865 3865 3865 2417 1448 3865 2083 1782 87 87 3865 3865 3865 3865 3865 3865 494 3,371 3,865 City Council 1 - 20 12/13/2022 12/02/2022 107 PM District Results Report - November 08, 2022 Page 31D4 Vote Center Totals c O ro m j O CU District cc m I'- Orange County 18,649 745 4.0 Orange County 18,649 745 4.0 46th Congressional District 18,649 745 4A 34th Senate District 18,649 745 4,0 68th Assembly District 18,649 745 4.0 2nd Supervisorial District 18,649 745 4.0 Santa Ana 18,649 745 4.0 Santa Ana Ward Division 6 18,649 745 4.0 State Board of Equalization 18,649 745 4.0 (4th District) County Board of Education 18,649 745 4.0 Trustee Area 1 South Orange County 1 0 0.0 Community College District South Orange County 1 0 0.0 Community College District Trustee Area 2 Rancho Santiago Community 18,648 745 4.0 College District Rancho Santiago Community 10,886 406 3.7 College District trustee Area 1 Rancho Santiago Com munity 7,762 339 44 College District Trustee Area 2 Santa Ana Unified School 19,648 745 4,0 District Santa Ana Unified School 2,465 128 5.2 District Trustee Area 1 Santa Ana Unfied School 6,969 279 4.0 District Trustee Area 3 Santa Ana Unified School 2,090 49 2.3 District Trustee Area 4 Santa Ana Unified School 7,124 289 4.1 District Trustee Area 5 Tustin Unified School District 1 0 0.0 Tustin Unified School District I 0 0.0 Trustee Area 4 Historical 2010 - 46th 18,649 745 4.0 Congressional District Historical 2010 - 34th Senate 18,649 745 4.0 District Historical 2010 - 69th 18,649 745 4.0 Assembly District Historical 2010- State Board of 18,649 745 40 Equalization (4th District) Historical 2010-1st 18,649 745 4.0 Supenrisorial District Historical 201D-County Board 18,649 745 4,0 of Education Trustee Area 1 Vote Center Totals 18,649 745 4.0 335 335 335 335 335 335 335 335 335 335 0 0 335 198 137 335 53 118 26 138 a 0 335 335 335 335 335 335 335 326 326 326 326 326 326 326 326 326 326 0 0 326 165 161 326 60 126 16 124 0 0 326 326 326 326 326 326 326 City Council 1 — 21 12/13/2022 12/02/2022 3:07 PM District Results Report - November 08, 2022 Page 3105 Vote by Mail Totals o L N � in O .5 O E District m 1' Orange County 18,649 4,867 26.1 Orange County 19,649 4,B57 26.1 46th Congressional District 18,649 4,867 26.1 34th Senate District 18,649 4,867 26.1 68th Assembly District 18,649 4,867 2&1 2nd Supervisorial District 18,649 4,867 26.1 Santa Ana 18,649 4,867 26.1 Santa Ana Ward Division 6 18.649 4,867 261 State Board of Equalization 18,649 4,867 26.1 (4th District) County Board of Education 18,649 4,867 26.1 Trustee Area 1 South Orange County 1 1 100.0 Community College District South Orange County 1 1 100.0 Community College District Trustee Area 2 Rancho Santiago Community 18,648 4,866 26.1 College District Rancho Santiago Community 10.886 3,029 27.8 College District Trustee Area 1 Rancho Santiago Community 7,762 1,837 23.7 College District Trustee Area 2 Santa Ana Unified School 18,648 4,866 26.1 District Santa Ana Unified School 2,465 624 25.3 District Trustee Area 1 Santa Ana Unified School 6,969 1,783 25.6 District Trustee Area 3 Santa Ana Unified School 2,090 581 27.8 District Trustee Area 4 Santa Ana Unified School 7.124 1,878 26A District Trustee Area 5 Tustin Unified School District 1 1 100.0 Tustin Unified School District 1 1 100.0 Trustee Area 4 Historcal 2010-46th 18,649 4,867 26.1 Congressional District Historical 2010 - 34th Senate 19,649 4,867 26.1 District Historical 2010 - 69th 19,649 4,867 26.1 Assembly District Historical 2010 - State Board of 18,649 4,867 26.1 Equalization (4th District) Historical 2010 - 1st 18,649 4,867 26.1 Supervisorial District Historical 2010 - County Board 18,649 4,B67 26.1 of Education Trustee Area 1 Vote by Mail Totals 18,649 4,967 26.1 2528 2528 2528 2528 2528 2528 2528 2528 2528 2528 0 2528 1699 840 2528 265 910 361 992 0 0 2528 2528 2528 2528 2528 2528 2,528 2038 2038 2038 2038 2038 2038 2039 2039 2038 203E 0 2038 1171 867 2038 304 762 189 783 0 0 2038 2038 2038 2038 2038 2038 2,038 City Council 1 - 22 12/13/2022 12/02/2022 3.07 PM District Results Report - November 08, 2022 Page 3106 Grand Totals o u N Q 5 L District Of M 17 Orange County 19,649 5,612 30.1 Orange County 19,649 5,612 30.1 46th Congressional District 18,649 5,612 30.1 34th Senate District 19,649 5,612 30.1 68th Assembly District 18,649 5,612 30.1 2nd Supervisorial District 18,649 5,612 30.1 Santa Ana 18,649 5,612 30,1 Santa Ana Ward Division 6 18,649 5,612 30.1 State Board of Equalization 18,649 5,612 30.1 (4th Distrid) County Board of Education 18,649 5,612 30.1 Trustee Area 1 South Orange County 1 1 100.0 Community College District South Orange County 1 1 100.0 Community College Distrid Trustee Area 2 Rancho Santiago Community 18.648 5,611 30.1 College Distrid Rancho Santiago Community 10,886 3,435 31.6 College District Trustee Area 1 Rancho Santiago Community 7,762 Z176 28.0 College Distrid Trustee Area 2 Santa Ana Unified School 18,648 5,611 30.1 District Santa Ana Unified School 2,465 752 30.5 District Trustee Area 1 Santa Ana Unified School 6,969 2,062 29.6 District Trustee Area 3 Santa Ana Unified School 2,090 630 30.1 Distfid Trustee Area 4 Santa Ana Unified School 7,124 2,167 30.4 District Trustee Area 5 Tustin Unified School District 1 1 100.0 Tustin Unified School District 1 1 100.0 Trustee Area 4 Historical 2010 - 46th 18,649 5,612 30.1 Congressional District Historical 2010 - 34th Senate 18,649 5,612 30.1 Distrid Historical 2010 - 69th 18,649 5,612 30.1 Assembly District Historical 2010 - State Board of 18,649 5,612 30.1 Equalization (4th Distrid) Historical 2010 - 1st 18,649 5,612 30.1 Supervisorial District Historical 2010 - County Board 19,649 5,612 30.1 of Education Trustee Area I Vote Center Totals 18,649 74S 4.0 Vote by Mail Totals 18,649 4,867 26.1 Grand Totals 19,649 5,612 30.1 2863 2863 2863 2863 2863 2863 2863 2863 2863 2863 0 0 2863 1886 977 2863 318 1028 387 1130 0 0 2863 2863 2863 2863 2863 2863 335 2,528 2,863 2364 2364 2364 2364 2364 2364 2364 2364 2364 2364 0 0 2364 1336 1028 2364 364 888 205 907 0 0 2364 2364 2364 2364 2364 2364 326 2,038 2,364 City Council 1 - 23 12/13/2022 12/02/2022 3:07 PM District Results Report - November 08, 2022 Page 3940 Vote Center Totals C �, O C/ 19 9 r0 U + O Co D District ac no Orange County 128,252 6,282 4. Orange County 129,252 6,282 4. 40th Congressional District 145 12 B. 46th Congressional District 128,107 6,270 4. 34th Senate District 127,580 6,222 4. 37th Senate District 672 60 8. 68th Assembly District 104,653 5,113 4: loth Assembly District 23,454 1,157 4.' 73rd Assembly District 145 12 S. 2nd Supervisorial District 128,252 6,282 4.' Santa And 128,252 6,282 4: Santa Ana Ward Division 1 24,166 1,181 4.'. Santa Ana Ward Division 2 17,576 590 3, Santa Ana Ward Division 3 26.525 1,760 6, Santa Ana Ward Division4 24,377 1,220 5,1 Santa Ana Wand Division 5 16,959 786 4.1 Santa Ana Ward Division 6 19,649 745 4.i State Board of Equalization 129,252 6,282 4.! (4th District) County Board of Education 110,256 5,369 4.! Trustee Area 1 County Board of Education 17,996 913 5.' Trustee Area 4 Coast Community College 2,653 166 6.: District Coast Community College 2,653 166 6.i District Trustee Area 2 South Orange County 5,823 410 7.( Community College District South orange County 5,823 410 7.( Community College District Trustee Area 2 Rancho Santiago Community 119,776 5,706 4 £ College District Rancho Santiago Community 31,235 1,353 4,: College District Trustee Area 1 Rancho Santiago Community 19,028 1,057 5,; College District Trustee Area 2 Rancho Santiago Community 33,307 1,450 4.1 College District Trustee Area 3 Rancho Santiago Community 17,157 776 4.`. College District Trustee Area 4 Rancho Santiago Community 18,249 1,062 51 College District Trustee Area 5 Santa Ana Unified School 93,143 4,301 41 District Santa Ana Unified School 20,543 1,238 6.0 District Trustee Area 1 Santa Ana Unified School 17,194 632 3.7 District Trustee Area 2 Santa Ana Unified School 14,793 577 3 E District Trustee Area 3 Santa Ana Unified School 22,922 968 4.2 District Trustee Area 4 Santa Ana Unified School 17,691 886 S.0 District Trustee Area 5 Tustin Unified School District 5,823 410 7.0 Tustin Unified School District 0 0 o.0 Trustee Area 1 Tustin Unified School District 5,823 410 7.0 Tmstee Area 4 Garden Grove Unified School 23.7s5 1.168 4.g District (('' �O 1 tn�CII Garden Grove Unified Scf jl Y 940 312 1.1 District Trustee Area 3 3,096 3,096 2 3,094 3,073 23 Z,569 525 2 3,096 3,096 529 362 772 596 428 409 3,096 2,689 407 66 66 179 179 2,851 714 524 711 377 525 2,209 604 350 337 448 47D 179 0 179 2,563 2.563 10 Z553 2,531 32 2,044 509 10 2,563 2,563 519 193 812 493 283 273 2,563 2,152 411 86 86 191 191 2,285 503 423 595 322 443 1,686 537 231 187 411 320 191 0 191 163 144 1 - 24 12/13/2022 12/02/2022 3:07 PM District Results Report - November 08, 2022 Page 3941 Vote Center Totals C 0 �+ +a V �n O 0 District or In r7 } 0 z Garden Grove Unified School 14,927 755 5.1 347 334 District Trustee Area 4 Garden Grove Unified School 898 61 6.8 25 32 District Trustee Area 5 Orange Unified School District 5,531 403 7.3 173 176 Orange Unified School District 1,069 58 5.4 29 23 Trustee Area 2 Orange Unified School District 4,462 345 7.7 144 153 Trustee Area 7 East Orange County Water 55 7 12.7 3 4 District East Orange County Water 55 7 12.7 3 4 District Division 2 Irvine Ranch Water District 536 48 9A 29 13 Irvine Ranch Water Dist - Div 4 536 48 9.0 29 13 Historical 2010 - 46th 110,256 5,369 4.9 2,689 2,152 Congressional District Historical 2010 - 48th 17,996 913 5.1 407 411 Congressional District Historical 2010 - 34th Senate 128,252 6,282 4.9 3,096 2,563 District Historical 2010 - 69th 110,256 5,369 4.9 2,689 2,152 Assembly District Historical 2010 - 72nd 17,996 913 5.1 407 411 Assembly District Historical2910 - State Board of 128,252 6,282 4.9 3,096 2,563 Equalization (4th District) Historical 2010 - 1st 129,252 6,282 4.9 3,096 2,563 Supervisorial District Historical 2010 - County Board 128,252 6,282 4.9 3.096 2,563 of Education Trustee Area 1 Vote Center Totals 128,252 6,282 4.9 3,096 2,563 City Council 1 - 25 12/13/2022 12/02/2022 3:07 PM District Results Report - November 08, 2022 Page 3942 Vote by Mail Totals C - 0 � U y p District K m F Orange County 128,252 40,048 31.2 Orange County 128,252 40,048 31.2 40th Congressional District 145 51 35.2 46th Cong ressional District 128,107 39,997 3I.2 34th Senate District 127,580 39,749 31.2 37th Senate District 672 299 44.5 68th Assembly District 104,653 32,432 31.0 70th Assembly District 23,454 7,565 32.3 73rd Assembly District 145 51 35.2 2nd Supervisorial District 128,252 40,048 31.2 Santa Ana 128,252 40,048 31.2 Santa Ana Ward Division 1 24,166 8,134 33.7 Santa Ana Ward Division 2 17,576 4,109 23A Santa Ana Ward Division 3 26,525 1D,456 39A Santa Ana Ward Division 4 24,377 8,230 33.8 Santa Ana Ward Division 5 16,959 4,252 25.1 Santa Ana Ward Division 6 18,649 4,867 26.1 State Board of Equalization 128,252 40,M 312 {4th District} County Board of Education 110,256 34,009 30.8 Trustee Area 1 County Board of Education 17,996 6,039 33.6 Trustee Area 4 Coast Community College 2,653 950 35.8 District Coast Community College 2,653 950 35.8 District Trustee Area 2 South Orange County 5,823 2,131 36.6 Community College District South Orange County 5,823 2,131 36.6 Community College District Trustee Area 2 Rancho Santiago Cam munity 119,776 36,967 College District Rancho Santiago Community 31,235 9,327 College District Trustee Area 1 Rancho Santiago Community 19,828 5,938 Collage District Trustee Area 2 Rancho Santiago Community 33,307 10,050 College District Trustee Area 3 Rancho Santiago Community 17,157 4,836 College District Trustee Area 4 Rancho Santiago Community 19,249 6,816 College District Trustee Area 5 Santa Ana Unified School 93,143 28,265 District Santa Ana Untried School 20,543 7,604 District Trustee Area 1 Santa Ana Unified School 17,194 3,945 District Trustee Area 2 Santa Ana Unified School 14,793 3,774 District Trustee Area 3 Santa Arta Unified School 22,922 7,350 District Trustee Area 4 Santa Ana Unified School 17,691 5,592 District Trustee Area 5 Tustin Unified School District 5,823 2,131 Tustin Unified School District 0 0 Trustee Area 1 Tustin Unified School District 5,823 2,131 Trustee Area 4 Garden Grove Unified 411c 7r'an District 1V coy'flpil l.� Garden Grove Unified Sc .".oo 2,409 District Trustee Area 3 30.9 29.9 29.9 30.2 28.2 37.3 30.3 37.0 22.9 25.5 32.1 31.6 36.6 D.0 36.6 O � z 24046 24046 22 24024 23911 135 19807 4217 22 24046 24046 4579 2650 6095 4917 2727 3078 24046 20723 3323 431 431 1299 1299 22316 5799 3546 5940 2914 4117 17343 4560 2548 2385 436D 3490 1299 1299 12033 12033 22 12011 11903 130 9610 2401 22 12033 12033 2544 1189 3269 2419 1156 1456 12033 10107 1926 343 343 619 619 11071 2706 1998 3D46 1451 1970 8365 2331 1109 1120 2250 1555 619 0 619 30A 1 1415 735 1 - 26 12/13/2022 12/02/2022 3:07 PM Vote by Mail Tota I s C o rip V 7 O C Eh - L District cc ai co. r Garden Grove Unified School 14,927 4,961 33.2 District Trustee Area 4 Garden Grove Unified School 898 260 29.0 District Trustee Area 5 Orange Unified School District 5,531 2,022 36.6 orange Unified School District 1,069 317 29.7 Trustee Area 2 Orange Unified School District 4,462 1,705 38.2 Trustee Area 7 East Orange County Water 55 17 30.9 District East Orange County Water 55 17 30.9 District Division 2 Irvine Ranch Water District 536 142 26.5 Irvine Ranch Water Dist - Div 4 536 142 26.5 Historical 201G-46th 110,256 34,009 30.8 Congressional District Historical 2010 - 48th 17,996 6,039 33.6 Congressional District Historical 2010 - 34th Senate 128,252 40,048 31.2 District Historical 2010 - 69th 110,256 34,009 30.8 Assembly District Historical 2010 - 72nd 17,996 6,039 .13.6 Assembly District Historical 2010 - State Board of 128,252 40,048 31.2 Equalization (4th District) Historical 2010-1st 128,252 49,048 31.2 Supervisorial District Historical 2010 - County Board 128,252 40,048 31.2 of Education Trustee Area 1 Vote by Mail Totals 128,252 40,048 31.2 District Results Report - November 08, 2022 O r z 2718 131 1140 196 944 8 8 98 98 20723 3323 24046 20723 3323 24046 24046 24046 24,046 1579 92 643 68 575 9 9 20 20 10107 1926 12033 10107 1926 12033 12033 12033 12,033 Page 3943 City Council 1 — 27 12/13/2022 1.210212022 3:07 PM District Results Report - November 08, 2022 Page 3944 Grand Totals District o � a m V N � F d C oc co � Orange County 128,252 46,330 36.1 Orange County 128,252 46,330 36.1 40th Congressional District 145 63 43A 46th Congressional District 128,107 46,267 36.1 34th Senate District 127,580 45,971 361 37th Senate District 672 359 53A 681h Assembly District 1D4,653 37,545 35.S 70th Assembly District 23,454 8,722 37.7 73rd Assembly District 145 63 43A 2nd Supervisorial District 128,252 46,330 36.3 Santa Ana 128,252 46,330 36.1 Santa Ana Ward Division 1 24,166 9,315 3M Santa Ana Ward Division 2 17,576 4,699 26.7 Santa Ana Ward Division 3 26,525 12,216 46.1 Santa Ana Ward Division 4 24,377 9,450 38.E Santa Ana Ward Division 5 16,959 5,038 29.7 Santa Ana Ward Division 6 18,649 5,612 30.1 State Board of Equalization 128,252 46,330 36.1 (4th District) County Board of Education 110,256 39,378 35.7 Trustee Area 1 County Board of Education 17,9% 6,952 38.6 Trustee Area 4 Coast Community College 2,653 1,116 42.1 District Coast Community College Z653 1,116 42.1 District Trustee Area 2 South Orange County 5,823 2,541 43.6 Community college District South Orange County 5,823 2.541 43.6 community College District Trustee Area 2 Rancho Santiago community 119.776 42,673 35.6 College District Rancho Santiago Community 31,235 10,680 34.2 College District Trustee Area 1 Rancho Santiago Community 19,828 6,995 35.3 College Distdct Trustee Area 2 Rancho Santiago Community 33,307 11,508 34.6 College District Trustee Area 3 Rancho Santiago Community 17,157 5,612 32.7 College District Trustee Area 4 Rancho Santiago Community 18,249 7,878 43.2 College District Trustee Area 5 Santa Ana Unified School 93,143 32,566 35.0 District Santa Ana Unified School 20,543 8,942 43.0 District Trustee Area 1 Santa Ana Unified School 17,194 4,577 26.6 District Trustee Area 2 Santa Ana Unified School 14,793 4,351 29A District Trustee Area 3 Santa Ana Unified School 22,922 8,318 36.3 District Trustee Area 4 Santa Ana Unified School 17,691 6,479 36.6 District Trustee Area 5 Tustin Unified School District 5,823 2,541 43.6 Tustin Unifed School District 0 0 0,0 Trustee Area 1 Tustin Unified Schoo! District 5,823 2,541 43.6 Trustee Area 4 Garden Grove Unified G-h-i v�7ic R 74R �7 n District (' `, COT93U01 Garden Grove Unified SQ1 l 2761 34.8 District Trustee Area 3 O V142 27142 24 27118 26994 158 22376 4742 24 27142 27142 51GS 3012 6867 5513 3155 3487 27142 23412 3730 497 497 1478 1478 25167 6513 4010 6651 3291 4642 19552 5164 2898 2722 4808 3960 1478 0 1478 14596 14596 32 14564 14434 162 11654 2910 32 14596 14596 3063 1382 4081 2902 1439 1729 14596 12259 2337 429 429 810 810 13357 3209 2321 3641 1773 2413 10051 2868 1340 1307 2661 1875 810 0 910 1579 879 1 - 28 12/13/2022 12/02/2022 3:07 PM District Resuits Report - November 08, 2022 Page 3945 Grand Totals o of m V p O District K 00 Garden Grove United School 14,927 5,716 38.3 District Trustee Area 4 Garden Grove Unified School 899 321 35.7 District Trustee Area 5 Orange Unified School District 5,531 2,425 43.8 Orange Unified School District 1,069 375 35.1 Trustee Area 2 Orange Unified School District 4,462 Z050 45.9 Trustee Area 7 East Orange County Water 55 24 43,6 District East Orange County Water 55 24 43.6 District Division 2 Irvine Ranch Water District 536 190 35.4 Irvine Ranch Water Dist - Div 4 536 190 35.4 Historical 2010-46th 110,256 39,379 35.7 Congressional District Historical 2010 - 48th 11,996 6,952 38.6 Congressiona) District Historical 2010 - 34th Senate 128,252 46,330 46.1 District Historical 2010 - 69th 110,256 39,378 35.7 Assembly District Historical2010 - 72nd 17,996 6,952 30.6 Assembly District Historical 2010 - State Board of 128,252 46,330 36.1 Equalization (4th District) Historical 2010 - 1st 128,252 46,330 36.1 Suporvisodal District Historical 2010 - County Board 128,252 46,330 36.1 of Education Trustee Area 1 Vote Center Totals 128,252 6,282 4.9 Vote by Mail Totals 128,252 40,048 312 Grand Totals 128,252 46,330 36.1 i O z 3065 1913 156 124 1313 819 225 91 1088 728 11 13 11 13 127 33 127 33 23412 12259 3730 2337 27142 14596 23412 12259 3730 2337 27142 14596 27142 14596 27142 14596 3,096 2.563 24,046 12,033 27,142 14,596 City Council 1 - 29 12/13/2022 12/02/2022 3:07 PM District Results Report - November 08, 2022 Page 3949 District o U o rr m to Otangecounty 128,252 orange County 128,252 40th Congressional District 145 46th Congressional District 128,107 34th Senate District 127,580 37th Senate District 672 68th Assembly District 104,653 74th Assembly District 23,454 73rd Assembly District 145 2nd Supervisorial District 129,252 Santa And 129,252 Santa Ana Ward Division 1 24,166 Santa Ana Ward Division 2 17,576 Santa Ana Ward Division 3 26,525 Santa Ana Ward Division 4 24,377 Santa Ana Ward Division 5 16,959 Santa And Ward Division 6 19,649 State Board of Equalization 128,252 (4th District) County Board of Education 110,256 Trustee Area 1 County Board of Education 17,996 Trustee Area 4 Coast Community College 2,653 District Coast Community College 2,653 District Trustee Area 2 South Orange County 5,823 Community College District South Orange County 5,823 Community College District Trustee Area 2 Rancho Santiago Community 119,776 College Distrid Rancho Santiago Community 31,235 College District Trustee Area 1 Rancho Santiago Community 19,928 College District Trustee Area 2 Rancho Santiago Community 33,307 College District Trustee Area 3 Rancho Santiago Community 17,157 College District Trustee Area 4 Rancho Santiago Community 18,249 College District Trustee Area 5 Santa Ana Unified School 93,143 District Santa Ana Unified School 20.543 District Trustee Area 1 Santa Ana Unified Schoo( 17,194 District Trustee Area 2 Santa Ana Unified School 14,793 District Trustee Area 3 Santa Ana Unified School 22,922 District Trustee Area 4 Santa Ana Unified School 17,691 District Trustee Area 5 Tustin Unified School District S,823 Tustin Unified School District 0 Trustee Area 1 Tustin Unified School District 5,823 Trustee Area 4 Garden Grove Unified M-1 21755 Di strict Garden b Garden Grave Unified Sc F rl Cl.�0QdI District Trustee Area 3 6,282 6,282 12 6,270 6,222 60 5,1I3 1,157 12 6,292 6,282 1,181 590 1,760 1,220 786 745 6,282 5,369 913 166 166 410 410 5,706 1,353 1,057 1,458 776 1,062 4,301 1,238 632 577 968 886 410 0 410 4.9 4.9 8.3 4.9 4.9 8.9 4.9 4.9 8.3 4.9 4.9 4.9 3.4 6.6 5,0 4.6 4.0 4.9 4.9 5.1 6.3 6.3 7.0 7.0 4,8 4.3 5.3 4A 4.5 5,8 4.6 6.0 3.7 3.9 4.2 5.0 7.0 09 7.0 3,859 3,859 8 3,851 3,824 35 3,184 667 8 3,859 3,859 680 401 1,037 731 523 487 3,859 3,346 513 98 98 225 225 3,536 855 668 892 457 664 2,715 775 428 372 584 556 225 a 225 L876 1,876 4 1,872 L856 20 1,501 371 4 1,876 1,876 371 151 573 363 198 21a 1,876 1,569 307 58 5B 147 147 1,671 381 307 430 238 315 1,233 372 166 162 298 245 147 0 147 352 4.4I 200 lag 1 - 30 12/13/2022 12/02/2022 3:07 PM District Results Report - November 08, 2022 X-City of Santa Ana Vote Center Totals o o v 0 0 District or m F� Garden Grove Unified School 14,927 755 5.1 District Trustee Area 4 Garden Grove Unified School 89B 61 6.8 District Trustee Area 5 Orange Unified School District 5,531 403 7.3 Orange Unified School District 1,069 58 5.4 Trustee Area 2 Orange Unified School District 4,462 345 7.7 Trustee Area 7 East Orange County Water 55 7 12.7 District East Orange County Water 55 7 12.7 District Division 2 Irvine Ranch Water District 536 48 9.0 [Wine Ranch Water Dist - Div 4 536 48 9-0 Historical 2010 - 46th 110,256 5,369 4.9 Congressional District Historical 2010-48th 17,996 913 5.1 Congressional District Historical 2010 - 34th Senate 128,252 6,282 4.9 District Historical 2010 - 69th 110,256 5,369 4.9 Assembly District Historical 2010 - 72nd 17,996 913 5.1 Assembly District Historical 2010 - State Board of 128,252 6,282 4.9 Equalization {4th District} Historical 2010 - 1st 128,252 6,282 4.9 Supervisarial District Historical 2010 - County Board 128,252 6,282 4.9 of Education Trustee Area 1 Vote Center Totals 128,252 6,282 4.9 0 r � 436 42 241 38 203 4 4 29 29 3,346 513 3,859 3,346 513 3,859 3.859 3.859 3,859 247 15 125 18 107 3 3 14 14 1,569 367 1,876 1,569 307 1,876 1876 1,876 1,876 Page 3950 City Council 1 - 31 12/13/2022 12/02/2022 3:07 PM District Results Report - November 08, 2022 Page 3951 Vote by Mail Totals o R o u o C District a 03 F Orange County 128,252 40,048 31.; Orange County 128,252 40,048 31.: 40th Congressional District 145 51 35.: 46th Congressional District 128,107 39,997 31: 34th Senate District 127,580 39,749 31.; 37th Senate District 672 299 44.' 68th Assembly District 104,653 32,432 31 70th Assembly District 23,454 7,565 32.'. 73rd Assembly District 145 51 35.; 2nd Supervisorial District 128.252 40,048 31.: Santa Ana 128,252 40,048 31.: Santa Ana Ward Division 1 24,166 8,134 33.1 Santa Ana Ward Division 2 17,576 4,109 21! Santa Ana Ward Division 3 26,525 10,456 39.E Santa Ana Ward Division 4 24,377 8,230 33.E Santa Ana Ward Division 5 16,959 4,252 2&1 Santa Ana Ward Division 6 18,649 4.867 26.7 State Board of Equalization 128,252 40,048 31.: (4th District) County Board of Education 110,25(1 34,009 30.E Trustee Area 1 County Board of Education 17,996 6,039 33.E Trustee Area 4 Coast Community College Z653 950 35.E District Coast Community College 2,653 950 35.E District Trustee Area 2 South Orange County 5,823 2,131 36.E Community College District South Orange County 5,823 2,131 36.E Community College District Trustee Area 2 Rancho Santiago Community 119,776 36,967 3M College District Rancho Santiago Community 31,235 9,327 295 College District Trustee Area 1 Rancho Santiago Community 19,828 5,938 29 c College District Trustee Area 2 Rancho Santiago Community 33,307 10,050 30.2 College District Trustee Area 3 Rancho Santiago Community 17,157 4,836 2&2 College District Trustee Area 4 Rancho Santiago Community 18,249 6,816 37A College District Trustee Area 5 Santa Ana Unified Schooi 93,143 28,265 303 District Santa Ana Unified School 20,543 7,604 37.0 District Trustee Area 1 Santa Ana Unified School 17,194 3,945 22.9 District Trustee Area 2 Santa Ana Unified School 14,793 3,774 25,5 District Trustee Area 3 Santa Ana Unified School 22,922 7,350 32.1 District Trustee Area 4 Santa Ana Unified School 17,691 5,592 31.6 District Trustee Area 5 Tustin Unified School District 5,823 2,131 36.6 Tustin Unified School District 0 0 0.0 Trustee Area 1 Tustin Unified School District 5,823 2,131 36.6 Trustee Area 4 Garden Grove Unified Srhnnl 777sr 7 fi3n 771 District �F Y COQC" Garden Grove Unified Sc F 2,409 300. District Trustee Area 3 r Z 28212 28212 35 28177 28010 202 23206 4971 35 28212 28212 5422 2993 7449 5756 3075 3517 29212 24281 3931 558 558 1526 1526 26128 6719 4270 6928 3339 4872 20237 5463 2921 2125 5017 4051 1526 0 1526 8549 8549 12 8537 B472 77 6791 1746 12 8549 8549 1822 887 2153 1749 B69 1069 8549 7148 1401 228 228 402 402 7919 1951 1307 2204 1080 1377 5973 1597 794 838 1642 1102 402 C 402 1619 557 1 - 32 12/13/2022 12/02/2022 3:07 PM District Results Report - November 08, 2022 Page 3952 Vote by Mail Totals C 0 ,n aE m m V Q O District K co F Garden Grove Unified School 14,927 4,961 312 District Trustee Area 4 Garden Grove Unified School 898 260 29.0 District Trustee Area 5 Orange Unified School District 5,531 2,022 36.6 Orange Unified School District 1,069 317 29.7 Trustee Area 2 orange Unified School District 4,462 1,705 38.2 Trustee Area 7 East Orange County Water 55 17 30.9 District East Orange County Water 55 17 30.9 District D)vision 2 Irvine Ranch Water District 536 142 26.5 Irvine Ranch Water Dist - Div 4 536 142 26.5 Historical 2010 - 46th 110,256 34,009 30.8 Congressionaf District Historical 2010 - 48th 17,996 6,039 33.6 Congressional District Historical 2010 - 34th Senate 128,252 40,048 31.2 District Historical 2010 - 69th 110,256 34,009 30.8 Assembly District Historical2010 - 72nd 17,996 6.039 33.6 Assembly District Historical 2010 - State Board of 128,252 40,048 31,2 Equalization (4th District) Historical2010- 1st 129,252 40,048 31.2 Supervisorial District Historical 7010-County Board 129,252 40,049 31-2 of Education Trustee Area 1 Vote by Mail Totals 128,252 40,048 31.2 0 0 r z 3259 143 1428 224 1204 16 16 96 96 24281 3931 28212 24281 3931 28212 28212 28212 28,212 1112 8C 425 54 371 1 1 zz 22 7148 1401 8549 7148 1401 8549 8549 8549 8,549 City Council 1 — 33 12/13/2022 12/02/2022 3:07 PM District Results Report - November 08, 2022 Page 3953 01 Santa Ana Grand Totals Y 0 ,? 9 p c District z m F Orange County 128.252 46,330 36.1 Orange County 128,252 46,330 36.1 40th Congressional District 145 63 43A 46th Congressional District 128,107 46,267 36.1 34th Senate District 127,590 45,971 36.0 37th Senate District 672 359 53A 68th Assembly District 104,653 37,545 35.9 70th Assembly District 23,454 8,722 37.2 73rd Assembiy District 145 63 43A 2nd Supervisorial District 128,252 46,330 3611 Santa Ana 128,252 46,330 36.1 Santa Ana Ward Division 1 24,166 9,315 385 Santa Ana Ward Division 2 17,576 4,699 26.7 Santa Ana Ward Division 3 26,525 12,216 46.1 Santa Ana Ward Division 4 24,377 9,450 38.8 Santa Ana Ward Division 5 16,959 5,038 29.7 Santa Ana Ward Division 6 18.649 5,612 30.1 State Board of Equalization 128,252 46,330 36.1 {4th District} County Board of Education 110,256 39,378 35.7 Trustee Area I County Board of Education 17,996 6,952 36.6 Trustee Area 4 Coast Community College 2,653 1,116 42.1 District Coast Community College 2,653 1,116 42.1 District Trustee Area 2 South Orange County 5,023 2,541 43.6 Community College District South Orange County 5,823 2,541 43.6 Community Ca€lege District Trustee Area 2 Rancho Santiago Community 119.776 42,673 35.6 College District Rancho Santiago Community 31,235 10,680 34.2 College District Trustee Area 1 Rancho Santiago Community 19,828 6,995 35.3 College District Trustee Area 2 Rancho Santiago Community 32,307 11,508 34.6 College DlStrictTrustee Area 3 Rancho Santiago Community 17,157 5,612 32.7 College District Trustee Area 4 Rancho Santiago Community 19,249 7,878 432 College District Trustee Area 5 Santa Ana Unified School 93,143 32,566 35.0 District Santa Ana Unified School 20,543 8,842 43.0 District Trustee Area 1 Santa Ana Unified School 17,194 4,577 26.6 District Trustee Area 2 Santa Ana Unified School 14,793 4,351 29A District Trustee Area 3 Santa Ana Unified Schooi 22,922 8,318 36.3 District Trustee Area 4 Santa Ana Unified School 17,691 6,478 36.6 District Trustee Area 5 Tustin Unified School District 5,823 2,541 43.6 Tustin Unified School District 0 0 0.0 Trustee Area 1 Tustin Unified School District 5,823 2,541 43.6 Trustee Area 4 Garden Grove Unified District Q# Coma2,751 Garden Grove Unified Sc ll 34.8 District Trustee Area 3 0 r z 32071 32071 43 32028 31834 237 26390 5636 43 32071 32071 6102 3394 8486 6497 3598 4004 32071 27627 4444 656 656 1751 1751 29664 7574 4938 7820 3796 5536 22952 623B 3349 3097 5661 4607 1151 0 1751 10425 10425 16 10409 10329 97 8292 2117 16 10425 10425 2193 1048 2726 2112 1067 1279 10425 8717 1708 286 286 549 549 9590 2332 1614 2634 1318 1692 7206 1969 960 1000 1930 1347 549 0 549 1819 666 1 - 34 12/13/2022 12/02/2022 3:07 PM District Results Report - November 08, 2022 Page 3954 X-City of Santa Ana Grand Totals a o En F District s of Garden Grove Unified School 14,927 5,716 38.3 District Trustee Area 4 Garden Grove Unified School 998 321 35.7 District Trustee Area 5 Orange Unified School District 5,531 2,425 43.8 Orange Unified School District I,069 375 35.1 Trustee Area 2 Orange Unified School District 4,462 Z050 45.9 Trustee Area 7 East Orange County Water 55 24 43.6 District East Orange County Water 55 24 43.6 District Division 2 Irvine Ranch Water District 536 190 35A Irvine Ranch Water Dist - Div 4 536 190 35A Historical 2010 -46th 110,256 39,378 35.7 Congressional District Historical 2010 - 48th 17,996 6,952 38.6 Congressional District Historical 2010 - 34th Senate 128,252 46,330 36.1 District Historical 2010 - 69th 110,256 39,378 35.7 Assembly District Historical 2010 - 72nd 17,996 6,952 3&6 Assembly District Historical 2010 - State Board of 128,252 46,330 36.1 Equalization (4th District) Historical 2010 - 1st 128,252 46,330 36.1 Supervisorial District Historical 2010 - County Board 128,252 46,330 36.1 of Education Trustee Area I Vote Center Totals 128,252 6,282 4.9 Vote by Mail Totals 1-28,252 40,048 312 Grand TotMs. 128,252 46,330 36.1 3695 185 1669 262 1407 20 20 125 12S 27627 4444 32071 27627 4444 32071 32071 32071 3,859 28,212 32,071 1359 95 550 72 479 4 4 36 36 8717 1708 1D425 6717 1708 10425 10425 10425 1,876 8,549 10,425 City Council 1 - 35 12/13/2022 ORDINANCE NO. NS-3031 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLES IV, IX, AND X OF CHAPTER 21 OF THE SANTA ANA MUNICIPAL CODE TO RESTRUCTURE NON -CANNABIS BUSINESS LICENSE TAX RATES AND ADDING ARTICLE XIV TO CHAPTER 21 OF THE SANTA ANA MUNICIPAL CODE TO PROVIDE A FLEXIBLE TAX HOLIDAY FOR UNLICENSED, PAST DUE, OR UNDERASSESED BUSINESSES The People of the City of Santa Ana do ordain as follows: Section 1. As a charter city, and subject to voter approval, the City of Santa Ana is authorized to levy business license taxes to raise revenue for municipal purposes, pursuant to Section 5 of Article XI of the California Constitution, Section 200 of the City Charter, and Section 2(b) of Article XIII C of the California Constitution. Section 2. By this Ordinance submitted for voter approval, the City wishes to restructure non -cannabis business license tax rates within the City of Santa Ana to improve tax equity among all business sizes, reflect current best practices, recognize the impact of home -based businesses and the new "gig" economy, and to provide a flexible tax holiday period for unlicensed, past due, or under -assessed businesses, with the intent to have a revenue -neutral fiscal impact to the City. Section 3. Article IV (Exemptions) of Chapter 21 of the Santa Ana Municipal Code (Licenses), Sections 21-48 and 21-49, is hereby amended to read as follows: Sec. 21-48. - Business licensing —Specified exemptions. (a) A business license shall not be required for the conducting of any entertainment, concert, exhibition or lecture on scientific, historical, literary, religious or moral subjects whenever the receipts of any such activity are to be appropriated to any church or school or to any religious or benevolent purpose within the city. (b) A business license shall not be required for any person under eighteen (18) years of age, who is a resident of the city, and who is enrolled in an institution of secondary education; provided, however, such person has no employee or employees working for him or her. City Council 1 — 36 12/13/2022 (c) A business license shall not be required for any attorney whose only business done in the city is in the courts operated in this city, nor for any doctor whose only business done in the city is surgery and/or consultation in a regularly established hospital in the city; provided, however, that the maintenance of an office, facility, or establishment within the city used in connection with any attorney's appearance in any court within the city, or any doctor's surgery or consultation performed at any hospital within the city shall not be hereby exempted from the city's business licensing requirements. (d) A business license shall not be required for any other licensed person providing professional services not having a fixed place of business within the city and not engaged in other than the occasional furnishing of professional services wholly negotiated and contracted for outside the city. (e) A business license shall not be required for any business done in the city where the business conducted is only occasional and incidental to a regularly established business conducted elsewhere. (f) A business license shall not be required for any commercial traveler whose business is limited to goods, wares, and merchandise sold or dealt in at wholesale in this state, or for any salesman or agents representing vendors which have, do, or would normally supply goods for resale to licensees of the city. (g) A business license shall not be required for any individual whose business is limited to providing in -home childcare to immediate or extended family members. The phrase "immediate or extended family members" shall mean such individual's direct children, children by adoption, children by marriage, grandchildren (direct, by adoption, or by marriage), nieces or nephews (direct, by adoption, or by marriage), and any foster children or other minor under eighteen (18) years of age living as part of the same residential household. Sec. 21-49. - Business licensing —Specified exclusions. Except as may be otherwise specifically provided in this Chapter, the terms hereof shall not be deemed to apply or construed to require the payment of a license tax by any of the following persons: (1) Banks, including national banking associations, federal credit unions, and financial corporations, to the extent that a city may not levy a license tax upon them under the provisions of Article XIII, Section 27 of the State Constitution. (2) Insurance companies or associations engaged in the sale and servicing of insurance and their direct agents, including bailbond agents and life agents, but not including brokers or bailbond brokers or life and disability insurance analysts or insurance City Council 1 — 37 12/13/2022 solicitors to the extent that a city may not levy a license tax upon them under the provisions of Article XIII, Section 28 of the State Constitution. (3) Any governmental agency or subdivision and the employees thereof, to the extent they are engaged in the business of such governmental agencies or subdivisions. (4) Any state alcoholic beverage licensee engaged in the manufacture, sale, purchase, possession, or transportation of alcoholic beverages within the state to the extent that a city may not levy a license tax upon them under provisions of Article XX, Section 22 of the State Constitution. Section 4, Article IX (Miscellaneous) of Chapter 21 of the Santa Ana Municipal Code (Licenses), Section 21-113, is hereby amended to read as follows: Sec. 21-113. - Telephone services. Every person engaged in the business of providing telephone services shall pay an annual business fee according to Section 21-119(2) of this Chapter. Section 5. Article X (Rates and Schedules) of Chapter 21 of the Santa Ana Municipal Code, Sections 21-116 through 21-121, is hereby amended to read as follows: ARTICLE X. - RATES AND SCHEDULES Sec. 21-116. - Applicability of article. The tax for any license required by any Section of this Chapter shall be set forth in this article for the particular business involved. The tax and the duration of the license shall be annual, quarterly, monthly, and daily as indicated in this article. The letter "A" following the tax shall indicate an annual rate; the letter "Q" shall indicate a quarterly rate; the letter "M" shall indicate a monthly rate; the letter "D" shall indicate a daily rate. No letter following the tax shall indicate a variable duration as determined in connection with other applicable provisions set forth elsewhere in the Santa Ana Municipal Code. In place of a tax, the letter "C" shall denote a specified charge. The applicability of the charge shall be determined by the Business License Tax Code provision establishing it. In the place of either a tax or charge, the letter "T" shall denote a specified qualifying threshold amount. The applicability of the qualifying threshold amount shall be determined by the Business License Tax Code provision establishing it. Sec. 21-117. - New business license tax. (a) A license tax for a new business shall be paid in advance or a deposit taken in lieu thereof prior to any new business activity being undertaken. (b) All new businesses for whom flat fees are made the basis for fixing the amount of such license shall pay in advance an amount equal to one -quarter ('/4) of the City Council 1 — 38 12/13/2022 annual fee therefor for each quarter and fraction of a quarter remaining during the period for which the new license is issued, except as otherwise specified hereinafter. (c) All new businesses for whom the gross receipts of such business are made the basis for fixing the amount of such license shall pay their annual fee based on actual gross receipts received during the period for which the new license is issued. For any business which is commenced subsequent to April first, the renewal fee shall be based upon an annualization of the actual gross receipts received during the period for which the new license is issued. In the event an applicant fails to submit a report of the actual gross receipts received pursuant to Section 21-77, the fee shall be based on the collector's estimate of the actual gross receipts received pursuant to Section 21-79. In lieu of payment in advance, each applicant shall post a deposit in the amount hereinafter indicated. (1) All new businesses beginning business on or after April first of the current year but before April first of the following year shall post a deposit of two hundred dollars ($200.00). (2) All new businesses beginning business on or after March first of the current year but before April first of current year shall post a deposit equivalent to one and one - twelfth (1 1/12 ) of the required deposit for all new businesses beginning April first. Where an applicant's fee is determined to be in excess of the amount of the specified deposit, said deficiency shall be added without interest or penalty to the amount of the applicant's renewal fee as calculated pursuant to Sections 21-77 or 21-79. Where an applicant ceases to transact and carry on the business licensed on or before the expiration of the period for which the new license is issued, and where the applicant's fee is determined to be in excess of the amount of the specified deposit, the applicant shall remain liable for said deficiency which shall be deemed due and collectible at the same time and in the same manner as all other annual gross receipts fees due and payable upon renewal. Where an applicant's fee is determined to be less than the amount of the specified deposit, said surplus shall be applied without interest as a credit against the amount of the applicant's renewal fee as calculated pursuant to Sections 21-77 or 21-79. Where an applicant ceases to transact and carry on the business licensed on or before the expiration of the period for which the new license is issued, and where the applicant's fee is determined to be less than the amount of the specified deposit, said surplus may be requested by applicant as a refund; provided, however, that such request must be made in writing and must be made within one (1) year of the expiration of the initial license period. (d) Notwithstanding subsection (b) above, unless an adjustment or exemption is obtained pursuant to this Chapter, the minimum tax pursuant to this section shall be in the amount as specified in Section 21-120n. City Council 1 — 39 12/13/2022 Sec. 21-118. - Same; nonresident businesses. (a) All new businesses located elsewhere, excluding businesses engaged in the business of pushcart vending or in erecting, maintaining and selling of advertising space on off -premises commercial advertising signs in the city or engaged in the operation of coin -operated machines or devices, or engaged otherwise in vending operations, but transacting and carrying on business in the city, and for whom flat rates or variable flat rates are made the basis for fixing the amount of such license, shall have the option of paying the flat rate or variable flat rate amount or basing the amount of their tax upon their attributable gross receipts in accordance with Section 21-119(1), to which no basic tax rate amount shall be added, but for which a two -hundred -dollar -annual deposit shall be required to offset any tax due should applicant cease operation before the expiration of the license term. Provided further that all such businesses who so elect shall pay in advance an amount therefor as set forth in Section 21-117, subsection (c) above. Said deposit to be applied as a credit or to be taken as a refund in the same manner as is set forth in Section 21-117, subsection (c). (b) All new businesses located elsewhere, but transacting and carrying on business in the city for whom gross receipts are made the basis for fixing the amount of such license, shall base their tax upon attributable gross receipts in a manner similar to that of all other similarly classified businesses for whom gross receipts are made the basis for fixing the amount of their license, to which no basic tax rate amount shall be added. Provided further that all such businesses shall pay in advance an amount therefor as set forth in Section 21-117, subsection (c) above. Said deposit to be applied as a credit, or to be taken as a refund in the same manner as is set forth in Section 21-117, subsection (c). (c) Unless an adjustment of exemption is obtained pursuant to this Chapter, the minimum tax pursuant to this section shall be in the amount as specified in Section 21-120n. Sec. 21-119. - Gross receipts tax rates. Gross receipts tax rates for the different classifications are as follows: (1) Classification "A" —All businesses for which no tax is specified elsewhere in this article, including, but not limited to: retail businesses and sales at retail, services (including real estate brokers, real estate developers, insurance brokers, life and disability insurance analysts, stock and bond brokers, commission agents, brokers or merchants, professional services, ambulance services, and recreational services), hotels, motels, theaters, and food establishments: For each separate place of business licensed, a basic rate of $60.00, subject to adjustment for inflation/deflation in accordance with section 21-120, plus: $0.65 per $1,000.00 City Council 1 — 40 12/13/2022 (2) Classification "B"—Manufacturing, processing, wholesale businesses and sales at wholesale, sales of gasoline and motor fuels, telephone services, and public utility services: For each separate place of business licensed, a basic rate of $60.00, subject to adjustment for inflation/deflation in accordance with section 21-120, plus: $0.50 per $1,000.00 (3) Classification "C"—Rental of commercial real estate: For the first property location licensed, a basic rate of $60.00, subject to adjustment for inflation/deflation in accordance with section 21-120, plus: $0.65 per $1,000.00 For each additional property location licensed, a basic rate of $10.00, subject to adjustment for inflation/deflation in accordance with section 21-120, plus: $0.65 per $1,000.00 (4)Classification "D"—Home based businesses: for each separate place of business licensed, a basic rate of $15.00, subject to adjustment for inflation/deflation in accordance with section 21-120, plus: $0.65 per $1,000.00 City Council 1 — 41 12/13/2022 Sec. 21-119.1 - Maximum Tax. The maximum annual business license tax payable for any single business license required to be obtained pursuant to the Chapter shall not exceed $100,000.00, which amount together with the basic rate amounts established under Section 21-119 shall be subject to annual adjustment in accordance with Section 21-120. Sec. 21-119.2. - Holding companies and pass -through entities —Minimum Tax amount. Whenever a business entity or other person functions as a holding company or pass - through entity and does not directly generate gross receipts within the city, but otherwise transacts and carries on business within the city, or maintains a business presence in the city, or is registered as a business entity with the California Secretary of State pursuant to the California Corporations Code as the same now exists or as may be hereafter amended from time -to -time with a designated or registered business entity address located in the city, then the business license tax liability of such business entity or person under Section 21-119 shall be limited to the minimum tax amount. Sec. 21-119.3. - Home -based businesses —Alternate tax. (a) Persons liable under the terms of this Chapter for gross receipts business license taxes for business conducted from a home residence within the city and whose gross receipts therefrom do not exceed the annual amount specified in Section 21- 120h(1)(a) per year shall have the right to elect an alternate flat rate business license tax as set forth in Section 21-120h of this Chapter for home based businesses and home based occupations, in lieu of the gross receipts tax which would otherwise be applicable. Such election shall be made in writing at the time of applicant's original application for a business license or may be made once annually thereafter at the time of licensee's application for a renewal license. (b) Home based businesses and home occupations eligible for election of an alternate flat rate tax assessment shall be deemed to be those businesses or occupations conducted from a home residence in the city whose business or occupational use of said residential premises meets the requirements for a home occupation permit as set forth in Sections 41-193.1 through 41-607 of this code as the same now exist or as they may be hereafter amended from time -to -time. Sec. 21-119.4. - Election of an alternate tax assessment basis —Effect. In every case where a licensee exercises a right under this Chapter to elect an alternate tax assessment basis the effect of said election shall be as follows: (a) In the event an existing licensee elects to convert their annual license assessment to an alternate tax assessment basis with an annual term beginning one (1) or more calendar quarters before the commencement of their pre-existing tax assessment City Council 1 — 42 12/13/2022 basis and ending one (1) or more calendar quarters after the conclusion of their pre- existing tax assessment basis, then their initial alternate tax assessment shall be subject to a quarterly proration to account for the reduced number of calendar quarters remaining in the term of the newly elected tax assessment. (b) In the event an existing licensee elects to convert their annual license assessment to an alternate tax assessment basis with an annual term beginning one (1) or more calendar quarters after the commencement of their pre-existing tax assessment basis and ending one (1) or more calendar quarters after the conclusion of their pre- existing tax assessment basis, then their pre-existing tax assessment shall be retroactively increased prorata by the number of quarters necessary to account for the quarterly periods remaining between the conclusion of their pre-existing licensing term and the commencement of their alternate tax assessment licensing term. Sec. 21-120. - Flat rate and variable flat rate tax schedules; adjustment for inflation/deflation. (a) Flat rate and variable flat rate taxes are as set forth in Section 21-120a through 21-120w of this article. (b) Each tax, including each of its components, and any specified deposit amount required in lieu thereof, together with any other charges which are imposed pursuant to this chapter, but excluding the individual gross receipts tax rates set forth in section 21-119, shall be automatically adjusted on November 1, 2023, and on November 1 of each year thereafter, upward or downward, equivalent to the most recent change in the annual average of the consumer price index (All Urban Consumers 1982-84 = 100) as published by the United States Department of Labor for the Los Angeles -Long Beach - Anaheim metropolitan area as the same now exists or as shall be from time to time amended by the United States Department of Labor. (c) For purposes of calculating the annual inflator/deflator factor under this section, the base year shall be that year ending with the quarter ending June 30, 2022. Rates (tax rates, basic rate amounts, charges, specified deposit amounts, qualifying threshold amounts, maximum tax cap amounts) shall first be adjusted on November 1, 2023, and thereafter, based on the annually calculated change from the base year through to September 30 of each successive year. Said change shall be rounded off to the nearest whole dollar as follows: If the remaining fraction of a dollar is forty-nine one - hundredths of a dollar or less, such fraction shall be omitted. If the remaining fraction of a percent is fifty one -hundredths of a dollar or more, the next highest dollar shall be applied. Sec. 21-120a. - Advertising services amusement services. (1) ADVERTISING SERVICE: (a) Distributing samples or posting bills.......................................$250.00 A (2) AMUSEMENT SERVICES: City Council 1 — 43 12/13/2022 (a) Amusement center (a location where mechanical devices or animals are maintained for furnishing rides or entertainment and which may also include vending stands): (i) More than 10 days: Baserate..........................................................................$500.00 M Plus, for each ride or vending stand in excess of 10 .............60.00 Q (b) Sporting exhibitions....................................................................100.00 D (c) Carnival, circuses, concerts, tent shows and open air shows seating not more than 4,000 persons: Firstday..............................................................................200.00 D Each additional day............................................................100.00 D (d) Carnival, circuses, concerts, tent shows and open air shows seating more than 4,000 persons: Firstday................................................................................500.00 D Each additional day.....................................................300.00 D Sec. 21-120b. - Building tradesmen and taxi companies. (1) BUILDING TRADESMEN, per individual............................................$35.00 A (2) TAXI COMPANY, per vehicle......................................................35.00 A Sec. 21-120c. - Catering trucks, change in location amendment charge, change in name amendment charge, christmas tree and pumpkin lots, contractors. (1) CATERING TRUCKS, per vehicle....................................................$250.00 A (2) CHANGE IN LOCATION AMENDMENT CHARGE, per license.......... 15.00 C (3) CHANGE IN NAME AMENDMENT CHARGE, per license .................. 15.00 C (4) CHRISTMAS TREE LOTS, per lot..........................................................8.00 D (5) PUMPKIN PATCH LOTS, per lot............................................................8.00 D (6) CONTRACTOR —GENERAL CONTRACTOR, prorated quarterly per contractor.........................................................300.00 A (7) CONTRACTOR —SPECIALTY and SUBCONTRACTOR, prorated quarterly per contractor.........................................................275.00 A Sec. 21-120d. - Dances, duplicate license charge. (1) DANCE, PUBLIC, per dance.............................................................. $35.00 D City Council 1 — 44 12/13/2022 (2) DUPLICATE LICENSE CHARGE, per license.....................................10.00 C Sec. 21-120f. - Firework stand. FIREWORK STAND, per stand $250.00 Sec. 21-120g. - Gardeners or lawn maintenance workers. GARDENERS OR LAWN MAINTENANCE WORKER, per individual ......... $35.00 A Sec. 21-120h. - Home -based businesses, home occupations, hobby - gratuitous license charge. (1) HOME -BASED BUSINESS/HOME OCCUPATION..............................$35.00 A a. QUALIFYING THRESHOLD AMOUNT per licensee .............50,000.00 T (2) HOBBY — GRATUITOUS LICENSE CHARGE, per license .....................10.00 C Sec. 21-120i. - Independent contractors, ice cream trucks, itinerant merchants, insurance solicitors, initial period application processing charge. (1) INDEPENDENT CONTRACTOR, per individual..................................$35.00 A (2) INITIAL PERIOD APPLICATION PROCESSING CHARGE Per license application...........................................................................15.00 C (3) ITINERANT MERCHANT....................................................................250.00 Q (4) INSURANCE SOLICITOR, per solicitor.................................................35.00 A (5) ICE CREAM TRUCKS.........................................................................250.00 A Sec. 21-120j. - Janitorial and building maintenance services, junk collection. (1) JANITORS AND BUILDING MAINTENANCE WORKERS, Perindividual.....................................................................................$35.00 A (2) JUNK COLLECTION, per vehicle......................................................250.00 A Sec. 21-120m. - Minimum gross receipts — qualifying threshold amount / gratuitous license charge. MINIMUM GROSS RECEPTS — QUALIFYING THRESHOLD AMOUNT / GRATUITOUS LICENSE CHARGE (a) QUALIFYING THRESHOLD AMOUNT per licensee .................$5,000.00 T City Council 1 — 45 12/13/2022 (b) GRATUITOUS LICENSE CHARGE, per license..............................10.00 C Sec. 21-120n — New Business — minimum tax. NEW BUSINESS — MINIMUM TAX Perlicense................................................................................................$10.00 A Sec. 21-120o. - Off -premises commercial advertising signs. OFF -PREMISE COMMERCIAL ADVERTISING SIGNS: (1) Sign faces with gross dimensions equal to or less than three hundred (300) square feet, per sign face............................................................$190.00 A (2) Sign faces with gross dimensions in excess of three hundred (300) square feet, per sign face..............................................................250.00 A Sec. 21-120p. - Peddlers and pushcarts. (1) PEDDLER, per peddler as principal ............................... $250.00 A or 10.00 D (2) PEDDLER, per peddler as independent contractor.............................35.00 A (3) PRINCIPAL'S PEDDLER'S LICENSE...............................................400.00 A per each person engaged in peddling in the city.................................35.00 A (4) Reserved. (5) PUSHCARTS, per pushcart..............................................................500.00 A Sec. 21-120r. - Real estate agents, renewal application processing charge, rental of residential real estate: residential property rental; residential apartment rental; rooming house rental; residential mobile home property rental; revalidation application processing charge. (1) REAL ESTATE AGENT, per agent....................................................$35.00 A (2) RENEWAL APPLICATION PROCESSING CHARGE Per license renewal application...........................................................15.00 C (3) RESIDENTIAL PROPERTY RENTAL UNIT........................................63.00 A Plus per each property rental unit........................................................13.00 A (4) RESIDENTIAL APARTMENT RENTAL...............................................63.00 A Plus per each apartment rental unit.....................................................13.00 A (5) ROOMING HOUSE RENTAL..............................................................63.00 A Plus per each room rental unit.............................................................13.00 A City Council 1 — 46 12/13/2022 (6) RESIDENTIAL MOBILE HOME PROPERTY RENTAL .......................63.00 A Plus per each rental unit space...........................................................13.00 A (7) REVALIDATION APPLICATION PROCESSING CHARGE Per license revalidation application......................................................10.00 C Sec. 21-120s. - Sealing of nonidentified or unlicensed machines; shoeshine stands, solicitors, swap meet exhibitor. (1) SEALING OF NONIDENTIFIED OR UNLICENSED MACHINES Permachine.........................................................................................$10.00 C (2) SHOESHINE STAND............................................................................35.00 A (3) SOLICITOR, per solicitor as principal.................................................250.00 A (4) SOLICITOR, per solicitor as independent contractor............................35.00 A (5) PRINCIPAL'S SOLICITOR'S LICENSE..............................................400.00 A Per each person engaged in soliciting in the city..................................35.00 A (6) SWAP MEET EXHIBITOR, per participating exhibitor.............................3.00 D Sec. 21-120t. - Theatrical performance; tow trucks, trucking and general delivery. (1) THEATRICAL PERFORMANCE.......................................................$120.00 D (2) TRUCKING AND GENERAL DELIVERY, per vehicle .........................120.00 A (3) TOW TRUCKS, per vehicle................................................................120.00 A Sec. 21-120v. - Vending and coin -operated machines. COIN -OPERATED MACHINES OR DEVICES: (1) Per $0.25 device and over (a) First Machine..............................................................................$ 25.00 A (b) Per additional device.....................................................................13.00 A Sec. 21-120w. - Warehouses. (1) WAREHOUSE...................................................................................$250.00 A Sec. 21-121. - Reserved. City Council 1 — 47 12/13/2022 Section 6. Article XIV (Tax Holiday) is hereby added to Chapter 21 of the Santa Ana Municipal Code (Licenses) to read in its entirety as follows. ARTICLE XIV. - TAX HOLIDAY Sec. 21-143. - Development and Administration of the Tax Holiday Program. The City Manager and his or her designee shall develop and administer a Tax Holiday program as authorized and provided in this article. Sec. 21-144. - Duration and Application of Program. The Tax Holiday program shall be conducted for the period of twelve (12) months as specified hereinafter. (a) All annual license renewals based upon a flat rate shall be for the twelve- month period beginning January first of the current year and shall expire on the thirty-first day of December of the current year. (b) All annual license renewals based upon a variable flat rate shall be for the twelve-month period beginning July first of the current year and shall expire on the thirtieth day of June of the following year. (c) All annual license renewals based upon gross receipts shall be for the twelve-month period beginning on April first of the current year and shall expire on the thirty-first day of March of the following year. (d) All quarterly licenses shall be for the period of three (3) months beginning on the first day of January and ending on the thirty-first day of March; on the first day of April and ending on the thirtieth day of June; on the first day of July and ending on the thirtieth day of September; on the first day of October and ending on the thirty-first day of December. Sec. 21-145. - Elements of program; requisites for compliance with program. (a) The provisions of this article shall apply to any persons who are required to obtain a business license and pay a business license tax under Chapter 21 of the Santa Ana Municipal Code and who files a business license application and complies with the following program requisites: (1) Substantially complies with the business license application procedure created and administered by the City Manager and his or her designee; City Council 1 — 48 12/13/2022 (2) For any persons with unlicensed businesses who pay in full all business license taxes for the current tax year within a ninety (90) day period shall then be excused from all back tax liability, including penalties and interest, as described in Section 21-15. (3) For any persons with licensed businesses that are in arrears for business license taxes or under -assessed as a result of improperly underreporting business license tax liabilities and wish to cure an arrears or underreporting may do so. However, the principal amount of the arrears outstanding or the principal amount of the under- assessment must be paid in full in order to qualify for a penalty and interest Tax Holiday. (b) For any business license taxes subject to a Tax Holiday under this program, the City Manager and his or her designee may enter into an installment payment agreement, in lieu of the complete payment required under subdivision 2 of subsection (a) of this section. Failure of a person paying a business license tax to fully comply with the terms of the installment payment agreement shall render the waiver of any penalties and interest applicable thereto null and void, unless the City Manager and his or her designee determines that the failure was due to reasonable cause and the person substantially complied with the terms of the installment agreement. An installment agreement under this article shall have a minimum term of six (6) months, by which date all arrears business license taxes, fees, and costs must be fully paid. The City Manager and his or her designee may use their discretion to alter any existing installment agreement to reflect the intent of the Tax Holiday. Section 21-146. - Implementation of article. The City Manager and his or her designee shall adequately publicize the Tax Holiday program, issue forms and instructions, and take all other necessary actions needed to implement this article. The City Manager and his or her designee shall have the discretion to create the application for the Tax Holiday program. The Finance and Management Services Agency shall have the discretion to determine whether a taxpayer has substantially complied with the requirements of the Tax Holiday program. Section 7. Pursuant to Section 2(b) of Article XIII C of the California Constitution and California Elections Code Section 9217, if a majority of the voters voting in the election on this ordinance vote in its favor, the ordinance shall become a valid and binding ordinance of the City of Santa Ana. The ordinance shall be considered as adopted upon the date that the vote is declared by the City Council, and shall go into effect ten (10) days after that date. Section 8. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The People of the City of Santa Ana hereby declare that they City Council 1 — 49 12/13/2022 would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 9. Following certification by the Clerk of Council that the citizens of Santa Ana have approved this ordinance, the Mayor shall sign this ordinance and the Clerk shall cause the same to be entered in the book of original ordinances and shall cause the same, or a summary thereof, to be published as required by law. PASSED, APPROVED, and ADOPTED by the People of the City of Santa Ana this 8th day of November, 2022 Vicente Sarmiento Mayor ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney City Council 1 — 50 12/13/2022 Proposed Charter amendments: additions are underlined and deleted language is stricken. Sec. 400. - Number, selection and terms of members. The City Council shall consist of seven (7) members elected at the times and in the manner provided in this charter, each of whom, except for the mayor, shall serve a term of four (4) years. The term of each member shall begin at 6:00 p.m. on the first regularly scheduled meeting or at a special meeting second Tuesday of DeGembe following certification of election results, and each shall serve except as otherwise provided for in this charter, until the member's his OF he successor is elected and qualified. Each office of councilmember shall be a separate office and, except for the mayor, one (1) of such offices shall be assigned to each of the wards of the City. Councilmembers shall be residents of their respective wards, and nominated and elected only by the voters of their respective wards. The Mayor shall be elected from the City at large. City Council 1 — 51 12/13/2022 See. 401. Qualifieations of members. To be eligible to be elected to the office of councilmember, a person must be a qualified voter and a thirty (30) day resident of the ward from which the candidate is nominated at the time nomination papers are issued as provided for in the Elections Code of the State of California, except that the mayor need only be a registered voter and thirty (30) day resident of the city at such time. In the event any councilmember other than the mayor shall cease to be a resident of the ward from which the councilmember (or, in the case of an appointee, the councilmember's predecessor) was elected, or in the event the mayor shall cease to be a resident of the city, the office shall immediately become vacant and shall be filled in the same manner as herein provided for other vacancies; provided, that where a councilmember ceases to be a resident of the ward from which the councilmember (or, in case of an appointee, the councilmember's predecessor) was elected solely because of a change in boundaries of any ward as in this charter provided, the councilmember shall not lose the office by reason of such change. If a member of the city council shall be convicted of a crime involving moral turpitude, the office shall immediately become vacant and be so declared by the city council. shall be eligible for- appeintment, nomination for of eleetion to the offie&-af councilmember /regmd ess of.r afds repiysented by that nerve .� i, VVUAAV AAAAAVAA1V Vl `1V�Ul LL1V JJ V1 YY Ul tiL� VVCi term yems niter eompletion f that t. V�aVul no�rV VAlWi Y1thanthanA' {,terml L11�11CVVeight `YJ iYnn��lvi niYY�er�n t�i r� nr.+Ynen>>«-.it..re -Pi�1f-H 4.-, n c �'hoA of: .�rtia teF is shall net be ennide.-e.a detet• ininrg eli ibili+ 1111V1L Vl Nµl Llµl LVAlAAJ J11U1111VL VV VV11J1LL\.tivu iil- a b �1 1 ele�e of this Ghai4eF, shei�*� 1 termsshallon!), be gene where the e eilmember was elenter� o appointed to �VLAA IJ JiAUAA V�11� VV L11VJV YY i1V1 V L11V VVµllV ---"-d. Any eowieilmember who assumed offiee at the b office,In } r-egardless of the or -de' whieh the), served, shall not be b } neminaiien Or- eleetion as a eo neil member ber or as mayor r than f r n term b �i ng eig t (9) years �. .. v...AAVAA ���vAAAvv. va u.i Llluy vl, iiv �vviwi ulul � r�rr�A rin rJllnVn�Y nrJnOns of this sV etion related to shai4 or rn.tinl te.ns is deemed to b . tefy of existing, law. City Council 1 — 52 12/13/2022 See. 401.01, Term limits.(NEW SECTION A. Councilmembers A person shall only serve three 3 terms of four 4 ears each in the office of councilmembcr (regardless of wards represented by that person during such period and regardless of whether service is consecutive or nonconsecutive). This term limit of a total of twelve 12 ears of service shall be deemed to applygpply to anyone elected in or after the 2012 general municipal election. Short or partial terms shall not be considered in determining eligibility for appointment, nomination or election. For purposes of this Charter, short or ,partial tcrms shall only be those where the councilmember was elected or appointed to replace another councilmember who left office before the latter official's term ex iced. An councilmember who assumed office at the beginning of a term and left office early for any reason whatsoever shall be deemed to have served a full term. The provisions of this section related to short or partial terms is deemed to be declaratory of existing law. B. Mayor A person shall only serve four (4) terms of two (2) years each (regardless of whether service is consecutive or nonconsecutive). This term limit of a total of eight (8) years of service shall be deemed to apply to anyone elected in or after the 2012 general municipal election. Short or partial terms shall not be considered in determining efigibilily for a ointment nomination or election as ma or. For purposes of this Charter, short or partial terms shall only be those where the ma or was elected or appointed to replace another mayor who left office before the latter official's term expired. Any mayor who assumed office at the beginning of a term and left office early or before the term expires for any reason whatsoever shall be deemed to have served a full term. The provisions of this section related to short or Partial terms is deemed to be declaratory of existing law. C. Absolute Term Limit (1) Notwithstanding an, other ther previously enacted provision of law or of this Charter, during their lifetime, a person may servc no more than throe 3, terms of four 4) years each as a member of the Santa Ana City Council, and may also serve no more than four (4) terms of two (2) years each as Mayor of Santa Ana. City Council 1 — 53 12/13/2022 The City Clerk, or other election official authorized by law, shall not accept or verify the signatures on any nomination VWer for gny person,including any pgper seeking election as a write-in candidate, nor shall he or she ceilik or place on the list of certificd candidates, nor print or cause to be printed on any ballot, ballot pamphlet, sample ballot or ballot label, the name of any person whose. candidacy, if successful will result in a new Ma oral or Ct Council term that exceeds the limits set forth herein. (2) No person who has already served three terms as a member of the City Council_ may be appointed to serve on the City Council, and no person who has already served four terms as Mayor mate appointed to serve as Mayor, whether said appointment is in lieu of a Municipal Election or to fill _a vacancy on the City Council. 3 Na person who has already served three terms as a member of the Cily Council mqy run forspecial election to fill a vacancy on the QijY Council. No person who has already served four terms as Mayor may run forspecial election to fill a vacancy in the office of Manor. City Council 1 — 54 12/13/2022 Sec. 401.05. - Code of ethics and conduct. The City of Santa Ana shall adopt a Code of Ethics and Conduct for elected officials the City Attorney, the City Manager, the Clerk of Council, the Police Chief, directors of all City departments, and members of appointed boards, commissions, and committees to assure public confidence in the integrity of local government elected and appointed officials. The City Council shall periodicaly review a4w the Code of Ethics and Conduct and make any amendments by ordinance or resolution within six months of the effeetive date of this GhaFteT--4-�. Any person alleging a violation of the Code of Ethics and Conduct by the Police Chief, or department director, shall provide a written document to the City Manager with their name and contact information and a brief description of the alleged violation. The Ciy Manager shall review and respond to the complaint in writing and report to the City Council every thirty (30) days of the status of the review. Any person alleging a violation of the Code of Ethics and Conduct by any member of the City Council, the City Manger, the City Attorney, the Clerk of Council, or members of appointed boards, commissions, and committees shall provide a written document to all members of the City Council with their name and contact information and a brief description of the alleged violation. The City Council shall refer the complaint to an ad hoc committee of the Council for review. The Council ad hoc committee may then make a recommendation to the full City Council for father review, investigation or action. When a review or investigation is completed, the City Council may impose sanctions which may include, a reprimand, formal censure, or loss of committee assignments or in the case of members of boards, commissions or committees, removal from the board, commission, or committee. A complaint concerning an alleged violation by one of the Council's appointed employees shall be handled as a personnel matter. City Council 1 — 55 12/13/2022 Sec, 404. Presiding officer, mayor. The mayor shall be a member of the City Council and shall preside over the meetings of the City Council. The mayor shall have voice and vote in all of the City Council's proceedings and shall be recognized as head of the City government for all ceremonial purposes. The mayor shall have no administrative duties but shall perform such other duties as may be prescribed by this charter, or imposed by the City Council, consistent with his office. The mayor shall be elected by the voters of the City at large at each general municipal election in November of even -numbered years for a two-year term commencing on the same date as the terms of other council members elected in such year. No person may be a candidate for mayor and a candidate for any other office on the City Council in the same election. In the event an incumbent City Council member other than the mayor is elected mayor such other office shall become vacant at the time he or she assumes office as mayor and the City Council shall call a special election to fill the vacancy. To be eligible to be elected to the office of mayor a person must be a qualified voter as provided for in the Elections Code of the State of California. If the mayor is convicted of a crime involving moral turpitude, the office shall immediately become vacant and be so declared by the city council. x be eligible feF anrp.,in+.r�ar.t ominatia+ for r or- eleetio to the office f VV VA1G1V1V 1V1 L11.11./V 111 L111V11L, 11V2F11114L1 �� sAAt-ef: than for a term beginning eight (9) .roars after - completion of the ��v. r �rvV+iVi LAAUAA 1VA µ LVAAAA VVS1Lli1111G V1C11E �VJ years S] ({�Ljl� LLII VV •1 P F P eeeling per-ied shall not apply to eligibility fet: ��,C.�, 1l--m,n} , % `l vP�Le�that LTCany per-sonwho has sGTTI�twenty ? LnT) ca' n cT�JLZ RZSYS G�G Ux in office, o eouneil iem%�T1 er,re�rofthe order 1 1 y. � ,� eligible , cTar-wtx�rctt � erye� all no�for- appeiI tmenGZr�neffiinat+C'Ll n or- eleeCiOR as a 7 no sootqef than for- a tefm beginning eigW (9) years LL il , viavat or rui �iva terms shall 11VL VV VV11Jll,i in a; VlVu in eligibility fof tMeHt flOffifflation or- eleetion as mayen For- purposes of this short 7 nr—n.ar-tial try va l i ._lea those sere the . .ten eleete appointed .l t vi trUa �aµa �V LT iiiJ Jiiµii V„i� VV LAiVJV where L11V lllµ�'r^ r s teFm expired. Any may7-�ayOF T, hO assTTme offing at the l-.egif..-�ing of a term and loft r�ff,na earl befeFe OF YT LLV assumed V111VV LLL L11V VVClilll term e*pir-es far- any,-easefi whatsoever- shall be deeffied to have served a ftd! teF+:H. The pyisio s of this seetion related to sheA art,al terms is E a to -be 111V YlV Y1J1V11J V1 Llll�] JVVLAV Ll 1VI deelaraior-y of existing law. City Council 1 — 56 12/13/2022 See. 405. - Mayor pro tem. Each calendar year, at the hi the first meeting in January, of �he City Geaneil felle,�Ang any general the City Council shall elect a mayor pro tem who shall act as mayor during the absence from the City or disability of the mayor, or during any vacancy in the office of mayor until otherwise filled in accordance with section 403. All members of the CitV Council other than the mayor, shall be eligible to serve as mayor pro tem regardless of their seniority or whether they previously served a term or terms as mayor pro tem. The mayor pro tem from the previous year cannot be selected as mayor pro tem the next year. The mayor pro tem shall serve at the will and pleasure of the Council and may be replaced by four affirmative votes of the Council. City Council 1 — 57 12/13/2022 Sec. 406. - Council judge of elections and qualifications of members. The City Council shall be the judge of the election and qualifications of its memberksl as defined in section 401 of this charter and shall meet on the first regularly scheduled meeting or at a special meeting after election returns are certified for any municipal election at which members of the City Council are elected, declare the results thereof, and install elected members, if any. City Council 1 — 58 12/13/2022 Sec. 413. - Adoption (resolutions and ordinances). Every ordinance shall be introduced in writing. A copy of each ordinance and written resolution shall be available in the council's chambers for public inspection during any council meeting at which the same is to be passed or adopted. No ordinance shall be passed finally on the day it is introduced, except for emergency ordinances as hereinafter defined in Section 415, nor within six (6) days thereafter, nor at any time other than at a regular or adjourned regular meeting. A proposed ordinance may not be amended or modified between the time of its first reading int - dam= and the time of its second reading �, except for correction of typographical or clerical errors ...���^tea Ana ^F'^"" l ^""'^se are id. Any alterations, other than typographical or clerical corrections shall cause the ordinance to be subject to a new first readin . The rights and powers conferred on the City Council shall be exercised by ordinance, resolution or motion as may be prescribed by the Constitution or Laws of the State of California, and the provisions of this Charter; provided, that each act of the City Council establishing a fine or other penalty or granting a franchise shall be by ordinance. No order for the payment of money shall be adopted or made at any other than a regular or adjourned regular meeting, except when a state of emergency has been declared or at an emergency meeting properly convened. All ordinances and written resolutions shall be signed by the mayor and attested by the Clerk of the Council as soon as possible, but no later than 72 hours from its adoption by the Council. If the mayor is not available or does not sign an ordinance or resolution, the Clerk of Council shall first ask the mayor pro tern to sign and then any Councilmember who voted to approve the ordinance or resolution. City Council 1 — 59 12/13/2022 See. 607. Same Further consideration and adoption. After the conclusion of the public hearing, the City Council may further consider the proposed budget and make any revisions thereof that it may deem advisable. 4n or before the thirty-first (31 st) day of July the City Council shall adopt the budget with revisions, if any, by the affirmative votes of at least two- thirds amajority of its members. Upon final adoption, the budget shall be in effect for the ensuing fiscal year. Between the first (1 st) day of July and any subsequent date on which the budget, is adopted the several offices, departments and divisions shall be authorized to expend, each calendar month subject to the controls established in other sections of this charter, amounts of money equal to the expenditures of each such office, department or division during the preceding June. The budget adopted by the City Council shall provide for the support of public recreation programs at least the equivalent of six cents (6) on each one hundred dollars ($100) of the assessed value of taxable property in the City on the legal assessment date for the previous fiscal year. A copy of the adopted budget, certified to by the Clerk of the Council, shall be filed with the director of finance and a further copy shall be placed, and shall remain on file, in the office of the Clerk of the Council where it shall be available for inspection. The budget so certified shall be reproduced and copies made available for the use of all officers, offices, departments, and other agencies of the City and for the use of civic organizations. City Council 1 — 60 12/13/2022 Sec. 613. - Claims —Formalities; treasury payment ���r��*s. Any claim against the City shall be in writing and may be in the form of a bill, invoice, payroll, or formal demand. The director of finance, with approval of the City Manager, may prescribe the formatter femis, oR-in which claims against the City shall be presented_ to -him. Each such claim shall be presented to the d+F8GtO o finance department The director of finance shall prescribe internal controls for examination and audit of each claim, whe shall examine and au '+. If the claim is correct in all respects, has not previously been paid nor certified for payment, is provided for by an appropriation or legally enforceable court or administrative order for the purpose or object that gave rise to it, and if sufficient funds for the payment thereof remain unencumbered in such appropriation if applicable, and if the claim is otherwise legally due and payable, the director of finance the -al,ai„Ta„d-shall authorize payment from dFaw his warrant on the treasury, and against the proper fund, for the payment thereof. All claims certified for payment by the director of finance, and payments warrants drawn by the finance director #im for the payment thereof, shall be transmitted by the finance director him to the City Manager together with a list of such payments warrants payable from each fund, showing for each payment ,warFaR the number, date, and amount of the payment�t and the name of the payee. The City Manager may approve or disallow any of the claims so certified for payment. Any person dissatisfied with the refusal of the director of finance and/or the City Manager to approve any claim, in whole or in part, may present such claim to the City Council. The City Council, after examination into the matter, may approve or disapprove the claim in whole or in part, and, if properly payable under an existing appropriation, may order the director of finance to make payment of the claim or portion thereof draw his warrantOR the tFeasury n payment theree For any such claim for which no provision, by way of appropriation, exists, but which is approved for payment by the City Council, appropriation by the City Council shall be made therefor before the director of finance is ordered to make payment draw his warrant ,. payment thereof. Payment clue+"ram ;to on the City treasury which are not paid for lack of funds shall be registered. All registered payments ,. aFra„ts shall be paid in the order of their registration when funds therefor are available and shall bear interest from date of registration at such rate as shall be fixed by the City Council by resolution. City Council 1 — 61 12/13/2022 ARTICLE X. -CIVIL SERVICE Sec. 1000. - Civil service system. A civil service system shall be as follows in addition to necessary rules of implementation to be established by ordinance_ and as may be recommended by the personnel board: (a) That the most qualified and competent employees shall be appointed and promoted, based upon fair and equitable competition for the positions to ensure the highest quality City government. (b) That no political or other outside influences shall affect appointments or promotions. (c) That there shall be equal opportunity for all persons regardless of membership in a protected class as specified in state or federal law age, sex,, ' 09ion,, Greed, war;ta. state. 1.,.,-ical cap, QF . crr�rnvr, pr-r�roa� (d) That there is equitable treatment of all civil service employees in matters of discipline, layoff or dismissal from the City service. The system should be established in such a manner to ensure the accomplishment of the foregoing standards in appointments, promotions, discipline, layoffs or dismissals of civil service employees. The civil service rules and regulations shall provide for such matters as the City Council and the personnel board, with the concurrence of the City Council, may deem necessary, proper or expedient to carry out the intent and purpose of the civil service provisions of this charter. These rules and regulations shall provide: (a) Preference for veterans for appointment to civil service positions consistent with the principle of merit. (b) Vacancies in positions of the higher classes in the civil service of the City shall be filled with preference to employees occupying positions of lower classes having duties and responsibilities which can reasonably be considered as affording training and experience for the performance of the duties of the higher class. (c) That persons achieving eligibility for a position in the civil service shall retain that eligible status for a time sufficient to offer an opportunity to be appointed to a position in the civil service. (d) That the right to exercise disciplinary and dismissal powers is vested respectively in the officers of the City who have the power of appointment as to any position in the personnel system. Actions relating to suspension, demotion or dismissal for reasonable and sufficient cause may be taken by the officer having the power of appointment to the position. City Council 1 — 62 12/13/2022 Sec. 1002. -Civil service and excepted service. The civil service system of the City shall cover all employees of the City not excepted by this section. (a) The excepted service shall comprise the following offices and positions: (1) The individual offices held by all elective officers; (2) The City Manager and the City Manager's #is assistants, if any; (3) The City Attorney and the City Attorneys his legal assistants, if any; (4) The Clerk of the Council; C''�1=7 T44 &eGtnr of personnel, Of Py- (_ ) The head of each department of the City as specified b ordinance or resolutior rot othepNim- nn^n""`' "efe'^ ""''��-�u `�"`nf _adPRiP�R4;#'.'P G9G8F of the , and of the housing authority of the City of Santa Ana, but not including the police chief or the fire chief; L9) One private secretary to the City Manager, (79) All members of boards and commissions; LM) Positions occupied by persons employed to render professional, scientific, technical, or expert service of an occasional and exceptional nature; { 44) Positions in any class or grade created for a special or temporary purpose,, +Rd-...�.-a wh We to exist for a peim�ad of not IeRge than ninety turn days; _(42) PGsitiens G4 any class eF grade exampted from the Givii SeP�iG8 for a maxiFAYM Of s;X (65) Fnor�hs iR aRy GalendaF yeaF provided R*r r• n exemption 2AI of i� Hers. Any 709Part-time positions or em io ments,T 4h rn to h I ](1 rcn Ier hn a of e�n4 nor . ^v ; (115) All positions occupied by persons employed to replace employees ordered to active duty, enlisted, or drafted for military service during a national emergency or when this country has declared war and until the expiration of the time when such replaced employee could demand his former position of employment under federal or state statutes. (b) The civil service shall comprise all positions not specifically included by this section in the excepted service. (c) In the event an officer or employee of the City holding a position in the civil service is appointed to a position in the excepted service and should subsequently be removed therefrom within twelve months of the employee's appointment to the excepted service, the employee shall revert to the e� Na former position in the civil service without loss of any rights or privileges and upon the same terms and conditions as if the employee had remained in said position continuously. City Council 1 — 63 12/13/2022 Sec. 1010. - Prohibitions. (a) No officer or employee of the City shall in any way favor or discriminate against any employee of the City or any applicant for employment with the City because of the employee's his OF heF FaGe age, . Membership in a protected class under state or federal law, (b) No officer or employee of the City shall engage in any political activities in violation of Chapter 9.5 of Division 4 of Title 1 of the California Government Code (commencing with Section 3201) as the same exists on the date of adoption of this section or as the same may be thereafter amended, or in violation of any other provisions of applicable law. (c) No officer or employee of the City and no candidate for any City office shall, directly or indirectly, solicit any assessment, subscription, or contribution, whether voluntary or involuntary, for any political candidate, for Santa Ana municipal office from anyone on an eligible list, or, with the exception of elective officers and members of appointive boards and commissions, anyone holding a position in the service of the City. (d) No person shall willfully or through culpable negligence make any false statement, certificate, mark, rating, or report in regard to any application, test certification, or appointment held or made under the provisions of this article or in any manner commit or attempt any fraud preventing the impartial execution of such provisions of this article or of the rules and regulations made hereunder. (e) No officer or employee shall use nepotism in contracting, hiring, romotion discilphne or any other employment decision The City Council shalt adopt an anti -nepotism policy. City Council 1 — 64 12/13/2022 Sec. 1011. -Contra ct far performance of ad min istrative functions. The City Council, upon recommendation of the City Manager, may contract with the governing body of any other City or of any county within this state, or with any state department or other state agency for the preparing or conducting of competitive examinations for positions in the service of the City or for the performance of any other human resources perseeaeladministration service. City Council 1 — 65 12/13/2022 Sec. 1014.—Reserved.l"s City Council 1 — 66 12/13/2022 Sec. 1208. - Enforcement. 4a) Any person who knowingly or willfully violates sections 1206 or 1207 of this charter is guilty of a misdemeanor. (b) Any resident of the City may bring an action, at a time during an election period or thereafter, in a court of competent jurisdiction to enjoin actual or threatened violations of, or to compel compliance with, or to obtain a judicial declaration regarding compliance with, section 1206 or 1207. (c) The City Attorney may maintain, in the name of the City, or a resident of the City may maintain, in his or her own name, a civil action to recover from a candidate or a committee controlled by a candidate any contributions received by such candidate or committee in excess of the contribution limitations established by section 1206. Any money recovered in any such action shall be deposited in the City's general fund. (d) The City may contract with a State or County entity to enforce the provisions of this section. City Council 1 — 67 12/13/2022 Sec. 1400. - Employees' retirement system. (a) Duty to provide retiremeni system. Except as hereinafter otherwise provided, the council shall provide, by ordinance or ordinances, for the creation, establishment and maintenance of a retirement plan or plans for all officers and employees of the City. Such plan or plans need not be the same for all officers and employees. Subject to other provisions of this article, the council may at any time, or from time to time, amend or otherwise change any retirement plan or plans or adopt or establish anew or di tTerent plan or plans for all or any officers or employees. (b) aulfroripv to join other systems. Subject to other provisions of this article, the City, by and Through its council, is hereby empowered, but not required, to join or continue as a contracting agency in any retirement or pension system or systems existing or hereafter created under the laws of the State of California or of the United States of America to which municipalities and municipal officers or employees are eligible for membership. (c) Conlowance ofexisting retirement system. Until othcntiose provided by ordinance, the City shall continue to participate in the Public Employees' Retirement System ofthe State of Califomia, as the same now exists or may hereafter be amended. Tlue City Council may not terminate any such contract with the Public Employees' Retirement System of the State of California, and may not amend any such contract in a manner which would decrease or eliminate any benefit accruing to persons employed by the City at the time of such contract termination or amendment, unless such amendment shall substitute a retirement system or systems providing equal or greater benefits for said persons. (d) Exclusions. The council in its discretion may exclude all or any of the following persons from any or all retirement plans, to wit: Persons mentioned in subsections i a)(1)- (5)-(10) {4) of Charter Section 1002. (aA, 4. (6), (7),(Q)ro (10), (1 1) and (1 ) o, ection loin of this chart r; Persons in City service primarily for training, study or educational purposes; Persons employed or paid on a part-time, per diem, per hour or any basis other than a monthly basis_ City Council 1 — 68 12/13/2022 RESOLUTION NO.2022-056 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING FOR THE PLACEMENT ON THE BALLOT OF A MEASURE FOR THE NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF AN ORDINANCE TO RESTRUCTURE NON -CANNABIS BUSINESS LICENSE TAX RATES AND PROVIDING FOR THE FILING OF ARGUMENT AND REBUTTAL STATEMENTS WHEREAS, as a charter city, and subject to voter approval, the City of Santa Ana is authorized to levy business license taxes to raise revenue for municipal purposes, pursuant to Section 5 of Article XI of the California Constitution and Section 200 of the City Charter; and WHEREAS, the City's business license tax rate structure appears in Chapter 21 of the Santa Ana Municipal Code; and WHEREAS, the Citywishes to restructure non -cannabis business license tax rates within the City of Santa Ana to improve tax equity among all business sizes, reflect current best practices, recognize the impact of home -based businesses and the new "gig" economy, and to provide a flexible tax holiday period for unlicensed, past due, or under - assessed businesses, with the intent to have a revenue -neutral fiscal impact to the City; and WHEREAS, all taxes imposed by local government are deemed to be either general taxes or special taxes, pursuant to Section 2(a) of Article XIII C of the California Constitution; and WHEREAS, business license taxes are a type of general taxes, which are defined as any tax imposed for general governmental purposes; and WHEREAS, Section 2(b) of Article XIII C of the California Constitution provides that a local agency cannot impose, extend, or increase any general tax unless and until that tax is submitted to the electorate and approved by a majority vote at an election that is consolidated with a regularly scheduled general election for members of the governing body of the local government, except in cases of emergency declared by a unanimous vote of the governing body; and WHEREAS, the City Council has called and given notice of a general municipal election to be held in the City of Santa Ana on November 8, 2022 to elect certain municipal officers and requested that the Orange County Board of Supervisors consolidate the City's general municipal election with the statewide general election; and Resolution No. 2022-056 Page 1 of 22 City Council 1 — 69 12/13/2022 WHEREAS, pursuant to California Elections Code Section 9222, the City Council has authority to submit to voters a proposition for the repeal, amendment, or enactment of any ordinance, to be voted upon at any succeeding regular or special city election, and if the proposition submitted receives a majority of the votes cast on it at the election, the ordinance shall be repealed, amended, or enacted accordingly; and WHEREAS, the City has determined to submit a proposed ordinance to voters at the November 8, 2022 general municipal election to restructure non -cannabis business license tax rates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The above recitals are true and incorporated herein by reference. Section 2. The following Ordinance shall be submitted to the voters for enactment at the City of Santa Ana's general municipal election to be held on November 8, 2022, with identification as determined in accordance with the California Elections Code: MEASURE : SANTA ANA BUSINESS LICENSE TAX Yes EQUITY AND FLEXIBLE TAX HOLIDAY MEASURE Shall Chapter 21 of the Santa Ana Municipal Code be amended to restructure non -cannabis business license tax rates within the City of Santa Ana to improve tax equity among all business sizes, reflect current best practices, recognize the impact of home -based No businesses and the new "gig" economy, and to provide a flexible tax holiday period for unlicensed, past due, or under -assessed businesses, with the intent to have a revenue -neutral fiscal impact to the City? Section 3. The text of the Ordinance to be submitted to the voters is attached to this Resolution as Exhibit A and incorporated herein by this reference. Section 4. If the proposition receives a majority of the votes cast on it at the election, the Ordinance shall be enacted accordingly. Section 5. Pursuant to California Elections Code Section 9280, the City Council hereby directs the Clerk of the Council to transmit a copy of the Ordinance to the City Attorney, who shall prepare an impartial analysis of the measure, which shall not exceed 500 words in length. Resolution No. 2022-056 Page 2 of 22 City Council 1 — 70 12/13/2022 Section 6. Pursuant to California Elections Code Section 9282, the City Council, or a member or members of the City Council authorized by that body, or an individual voter who is eligible to vote on the measure, or bona fide association of citizens, or a combination of voters and associations, may file a written argument for or against any city measure, which shall not exceed 300 words in length. Section 7. Pursuant to California Elections Code Section 9287, if more than one argument for or more than one argument against the Ordinance is submitted to the Clerk of the Council within the time prescribed by law, the Clerk shall select one of the arguments in favor and one of the arguments against the Ordinance for printing and distribution to the voters, giving preference and priority, in the order named, to the arguments of the following: (a) The City Council, or member or members of the City Council authorized by that body. (b) The individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure. (c) Bona fide associations of citizens. (d) Individual voters who are eligible to vote on the measure. Section 8. In accordance with California Elections Code Section 9285, when an argument in favor and an argument against the Ordinance have been selected to be printed in the voter information guide, the Clerk shall send a copy of the argument in favor of the measure to the authors of the argument against the measure and a copy of an argument against the measure to the authors of the argument in favor of the measure. The author or a majority of the authors may prepare and submit a rebuttal argument not exceeding 250 words. Rebuttal arguments shall be printed in the same manner as the direct arguments and shall immediately follow the direct argument which it seeks to rebut. This Section shall only apply to the election on the Ordinance to be held on November 8, 2022. Section 9. In accordance with California Elections Code Section 10002, the City Council requests the Orange County Board of Supervisors to permit the county elections official to render specified services to the City relating to the conduct of an election, for which the City shall reimburse the County in full for the services performed upon presentation of a bill to the City. The Board of Supervisors is also requested to consent and agree to the consolidation of the City's general election with any other election occurring on November 8, 2022, and the City hereby consents to any such consolidation. Section 10. The services requested by the City of the county elections official, or such other official as may be appropriate and authorized to perform, include: the preparation, printing, and mailing of sample ballots and polling place cards; the establishment or appointment of precincts, polling places, and elections officers; opening and closing of polling places, and making such publications as are required by law in Resolution No. 2022-056 Page 3 of 22 City Council 1 — 71 12/13/2022 connection therewith; the furnishing of ballots, voting booths, and other necessary supplies or materials for polling places; the canvassing of the returns of the election and the furnishing of the results of such canvassing to the Clerk of the Council; and the performance of such other election services as may be requested by the City. Section 11. All persons qualified to vote at municipal elections in the City on the day of election herein provided shall be qualified to vote on the Ordinance hereby submitted at the general municipal election. Section 12. In all particulars not recited in the Resolution, the election shall be held and conducted as provided by law for holding general municipal elections in the City. Section 13. Notice of the time and place of holding the general municipal election is given, and the Clerk of the Council is authorized, instructed, and directed to give further or additional notice of the election in the time, form, and manner as required by law. Section 14. The Clerk of the Council shall receive the canvass as it pertains to the general municipal election and shall certify the results to the City Council, as required by law. Section 15. Pursuant to California Elections Code Section 9295, this Resolution and the attached Ordinance will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the sample ballot. The examination period will end on the day that is seventy-five (75) days prior to the date set for the election. Section 16. If any section, subsection, sentence, clause, phrase or provision of this Resolution or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of any other provision or applications, and to this end the provisions of this Resolution are declared to be severable. The City Council hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause, phrase or provision thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or provisions thereof be declared invalid or unconstitutional. Section 17. This Resolution shall take effect immediately upon its adoption by a majority of the City Council. Section 18. The Clerk of Council is hereby directed to certify to the passage and adoption of this Resolution and to file a certified copy of this Resolution with the Orange County Board of Supervisors and the Registrar of Voters of Orange County at least eighty- eight (88) days before the date of the election. ADOPTED this 21 Ft day of June, 2022. Resolution No. 2022-056 Page 4 of 22 City Council 1 — 72 12/13/2022 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By- & - -fAv3Z- J0, M.1=unk Chief Assistant City Attorney AYES: NOES- ABSTAIN - NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers Vicente tarmiento Mayor Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento (7) None (0) None 0) None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022 -056 to be the original resolution adopted by the City Council of the City of Santa Ana on June 21, 2022. Date: r d/s : ..•i�a E� Daisy Gomez Clerk of the Council City of Santa Ana Resolution No. 2022-056 Page 5 of 22 City Council 1 — 73 12/13/2022 EXHIBIT A ORDINANCE NO. NS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLES IV, IX, AND X OF CHAPTER 21 OF THE SANTA ANA MUNICIPAL CODE TO RESTRUCTURE NON -CANNABIS BUSINESS LICENSE TAX RATES AND ADDING ARTICLE XIV TO CHAPTER 21 OF THE SANTA ANA MUNICIPAL CODE TO PROVIDE A FLEXIBLE TAX HOLIDAY FOR UNLICENSED, PAST DUE, OR UNDERASSESED BUSINESSES The People of the City of Santa Ana do ordain as follows: Section 1. As a charter city, and subject to voter approval, the City of Santa Ana is authorized to levy business license taxes to raise revenue for municipal purposes, pursuant to Section 5 of Article XI of the California Constitution, Section 200 of the City Charter, and Section 2(b) of Article XIII C. of the California Constitution. Section 2. By this Ordinance submitted for voter approval, the City wishes to restructure non -cannabis business license tax rates within the City of Santa Ana to improve tax equity among all business sizes, reflect current best practices, recognize the impact of home -based businesses and the new "gig" economy, and to provide a flexible tax holiday period for unlicensed, past due, or under -assessed businesses, with the intent to have a revenue -neutral fiscal impact to the City. Section 3. Article IV (Exemptions) of Chapter 21 of the Santa Ana Municipal Code (Licenses), Sections 21-48 and 21-49, is hereby amended to read as follows: Sec. 21-48. - Business licensing —Specified exemptions. (a) A business license shall not be required for the conducting of any entertainment, concert, exhibition or lecture on scientific, historical, literary, religious or moral subjects whenever the receipts of any such activity are to be appropriated to any church or school or to any religious or benevolent purpose within the city. (b) A business license shall not be required for any person under eighteen (18) years of age, who is a c+tiZ81R resident of the city, and who is enrolled in an institution of secondary education; provided, however, such person has no employee or employees working for him or her. Resolution No, 2022-056 Page 6 of 22 City Council 1 — 74 12/13/2022 (c) A business license shall not be required for any attorney whose only business done in the city is in the courts operated in this city, nor for any doctor whose only business done in the city is surgery and/or consultation in a regularly established hospital in the city; provided, however, that the maintenance of an office facility, or establishment within the city used in connection with any attorney's appearance in any court within the city, or any doctor's surgery or consultation performed at any hospital within the city shall not be hereby exempted from the city's business licensing requirements. (d) A business license shall not be required for any other licensed person providing professional services not having a fixed place of business within the city and not engaged in other than the occasional furnishing of professional services wholly negotiated and contracted for outside the city. (e) A business license shall not be required for any business done in the city where the business conducted is only occasional and incidental to a regularly established business conducted elsewhere. (f) A business license shall not be required for any commercial traveler whose business is limited to goods, wares, and merchandise sold or dealt in at wholesale in this state, or for any salesman or agents representing vendors which have, do, or would normally supply goods for resale to licensees of the city. Lcjj A business license shall not be required for any individual whose business is limited toproviding in -home childcare to immediate or extended family members The phrase "immediate or extended family members" shall mean such individual's direct children, children by adoption, children by marriage, grandchildren (direct, by adoption, or by marriage), nieces or nephews (direct by adoption or by marriage), and any foster children or other minor under eighteen 18 ears of age living as part of the same residential household. Sec. 21-49. - Business licensing —Specified exclusions, Except as may be otherwise specifically provided in this Chapter, the terms hereof shall not be deemed to apply or construed to require the payment of a license tax by any of the following persons: (12) Banks, including national banking associations, federal credit unions, and financial corporations, to the extent that a city may not levy a license tax upon them under the provisions of Article XIII, Section 27 of the State Constitution. Resolution No. 2022-056 Page 7 of 22 City Council 1 — 75 12/13/2022 (23) Insurance companies or associations engaged in the sale and servicing of insurance and their direct agents, including bailbond agents and life agents, but not including brokers or bailbond brokers or life and disability insurance analysts or insurance solicitors to the extent that a city may not levy a license tax upon them under the provisions of Article XIII, Section 28 of the State Constitution. (34) Any governmental agency or subdivision and the employees thereof, to the extent they are engaged in the business of such governmental agencies or subdivisions. (45) Any state alcoholic beverage licensee engaged in the manufacture, sale, purchase, possession, or transportation of alcoholic beverages within the state to the extent that a city may not levy a license tax upon them under provisions of Article XX, Section 22 of the State Constitution. Section 4. Article IX (Miscellaneous) of Chapter 21 of the Santa Ana Municipal Code (Licenses), Section 21-113, is hereby amended to read as follows: Sec. 21-113. - Telephone services. Every person engaged in the business of providing telephone services shall pay an annual business fee according to Section 21-119(2) of this Chapter. For the purpose othis GeGtOOR, f ,I FI gFOGG shall have the same meaning as in SeGtien 21 3, exGept tha --i-es shall be included. Section 5. Article X (Rates and Schedules) of Chapter 21 of the Santa Ana Municipal Code, Sections 21-116 through 21-121, is hereby amended to read as follows: ARTICLE X. - RATES AND SCHEDULES Sec. 21-116. - Applicability of article. The tax for any license required by any Section of this Chapter shall be set forth in this article for the particular business involved. The tax and the duration of the license shall be annual, quarterly, monthly, and daily as indicated in this article. The letter "A" following the tax shall indicate an annual rate; the letter "Q" shall indicate a quarterly rate; the letter "M" shall indicate a monthly rate; the letter "D" shall indicate a daily rate. No letter following the tax shall indicate a variable duration as determined in connection with other applicable provisions set forth elsewhere in the Santa Ana Municipal Code. In place of a tax, the letter "C" shall denote a specified charge. The applicability of the charge shall be determined by the Business License Tax Code provision establishing it. In the place of either a tax or charge, the letter "T" shall denote a specified qualifyinggualifying threshold amount. The applicability of the qualifying threshold amount shall be determined by the Business License Tax Code provision establishing it. Resolution No. 2022-056 Page 8 of 22 City Council 1 — 76 12/13/2022 Sec. 21-117. - New business license tax. (a) A license tax for a new business shall be paid in advance or a deposit taken in lieu thereof prior to any new business activity being undertaken. (b) All new businesses for whom flat fees are made the basis for fixing the amount of such license shall pay in advance an amount equal to one -quarter (Y4) of the annual fee therefor for each quarter and fraction of a quarter remaining during the period for which the new license is issued, except as otherwise specified hereinafter. (c) All new businesses for whom the gross receipts of such business are made the basis for fixing the amount of such license shall pay their annual fee based on actual gross receipts received during the period for which the new license is issued. For any business which is commenced subsequent to April first, the renewal fee shall be based upon an annualization of the actual gross receipts received during the period for which the new license is issued. In the event an applicant fails to submit a report of the actual gross receipts received pursuant to Section 21-77, the fee shall be based on the collector's estimate of the actual gross receipts received pursuant to Section 21-79. In lieu of payment in advance, each applicant shall post a deposit in the amount hereinafter indicated. (1) All new businesses beginning business on or after April first of the current year but before April first of the following year shall post a deposit of two hundred dollars ($200.00). (2) All new businesses beginning business on or after March first of the current year but before April first of current year shall post a deposit equivalent to one and one - twelfth (1 1/12 ) of the required deposit for all new businesses beginning April first. Where an applicant's fee is determined to be in excess of the amount of the specified deposit, said deficiency shall be added without interest or penalty to the amount of the applicant's renewal fee as calculated pursuant to Sections 21-77 or 21-79. Where an applicant ceases to transact and carry on the business licensed on or before the expiration of the period for which the new license is issued, and where the applicant's fee is determined to be in excess of the amount of the specified deposit, the applicant shall remain liable for said deficiency which shall be deemed due and collectible at the same time and in the same manner as all other annual gross receipts fees due and payable upon renewal. Where an applicant's fee is determined to be less than the amount of the specified deposit, said surplus shall be applied without interest as a credit against the amount of the applicant's renewal fee as calculated pursuant to Sections 21-77 or 21-79. Where an applicant ceases to transact and carry on the business licensed on or before the expiration of the period for which the new license is issued, and where the applicant's fee is determined to be less than the amount of the specified deposit, said surplus may be Resolution No. 2022-056 Page 9 of 22 City Council 1 — 77 12/13/2022 requested by applicant as a refund; provided, however, that such request must be made in writing and must be made within one (1) year of the expiration of the initial license period. (d) Notwithstanding subsection (b) above, unless an adjustment or exemption is obtained pursuant to this Chapter, the minimum tax pursuant to this section shall be in the amount asspecified in Section 21-120n. Sec. 21-118. - Same; nonresident businesses. (a) All new businesses located elsewhere, excluding businesses engaged in the business of pushcart vending or in erecting, maintaining and selling of advertising space on off -premises commercial advertising signs in the city or engaged in the operation of coin -operated machines or devices, or engaged otherwise in vending operations, but transacting and carrying on business in the city, and for whom flat rates or variable flat rates are made the basis for fixing the amount of such license, shall have the option of paying the flat rate or variable flat rate amount or basing the amount of their tax upon their attributable gross receipts in accordance with Section 21-119(1), to which no basic tax rate amount shall be added, but for which a two -hundred -dollar -annual deposit shall be required to offset any tax due should applicant cease operation before the expiration of the license term. Provided further that all such businesses who so elect shall pay in advance an amount therefor as set forth in Section 21-117, subsection (c) above. Said deposit to be applied as a credit or to be taken as a refund in the same manner as is set forth in Section 21-117, subsection (c). (b) All new businesses located elsewhere, but transacting and carrying on business in the city for whom gross receipts are made the basis for fixing the amount of such license, shall base their tax upon attributable gross receipts in a manner similar to that of all other similarly classified businesses for whom gross receipts are made the basis for fixing the amount of their license, to which no basic tax rate amount shall be added. Provided further that all such businesses shall pay in advance an amount therefor as set forth in Section 21-117, subsection (c) above. Said deposit to be applied as a credit, or to be taken as a refund in the same manner as is set forth in Section 21-117, subsection (c). (c) Unless an adjustment of exemption is obtained pursuant to this Chapter, the minimum tax pursuant to this section shall be in the amount asspecified in Section 21-120n. Sec. 21-119. - Gross receipts tax rates. Gross receipts tax rates for the different classifications are as follows: (1) Classification "A" —All businesses for which no tax is specified elsewhere in this article, including, but not limited to: retail businesses and sales at retail, services (including real estate brokers, real estate developers, insurance brokers, life and disability insurance analysts, stock and bond brokers, commission agents, brokers or merchants, Resolution No. 2022-056 Page 10 of 22 City Council 1 — 78 12/13/2022 bluildTMg—armIGa and recreational services), hotels, motels, theaters, and food establishments: For each separate place of business licensed, a basic rate of $60.00, subject to adjustment for inflation/deflation in accordance with section 21-120 plus: $0-590.65 per $1,000.00 9.30 per 1,000.09 to ..... 500,009.09 ..... 0.15 per 99 ever . (2) Classification "B"—Manufacturing, processing, wholesale businesses and sales at wholesale, sales of gasoline and motor fuels, ate -telephone services and public utility services: For each separate place of business licensed, a basic rate of $60.00, subject to admustment for inflation/deflation in accordance with section 21-120. plus: $9.900.50 per $1,000.00 .... 9.20 per 1,000.00 to ..... 00,000.90 ..... ,000,000.-00 090,009.00 ..... , (3) Classification "C"—Rental of commercial real estate: For the first property location licensed, a basic rate of $60.00, subject to ad'ustment for inflation/deflation in accordance with section 21-120 plus: $9-690.65 per $1,000.00 te .... 1 000,009-492 0.15 per 1,00C).09 ever ..... 1,099,000.09 For each additional property location licensed, a basic rate of $10.00, subject to admustment for inflation/deflation in accordance with section 21-120 plus: $5-500.65 per $1,000.00 te .... 0.30 per 1,999.90 to .... ..... , Resolution No. 2022-056 Page 11 of 22 City Council 1 — 79 12/13/2022 F&M a a a aTLTLTi1 (4) Classification "Y—Home based businesses: dismantlers, funk salvagers and 6IRk rar+urIeFSi for each separate place of business licensed, a basic rate of $1 09-00 15.00, subject to adjustment for inflation/deflation in accordance with section 21-120 plus: 0.90 - LLL as ■a LL■ LTL 0.29 per 1,000.00 LLL aLi ■■ a ■Li ■L ever LLL ■L■ ai Sec. 21-119.1 - Maximum Tax. The maximum annual business license tax paVable for any single business license required to be obtained pursuant to the Chapter shall not exceed 100 000.00 which amount together with the basic rate amounts established under Section 21-119 shall be subject to annual adjustment in accordance with Section 21-120. Sec. 21-119.4-2. - Holding companies and pass -through entities -Basic rate Minimum Tax amount-94+y. Whenever a business entity or other person functions as a holding company or pass - through entity and does not directly generate gross receipts within the city, but otherwise transacts and carries on business within the city, or maintains a business presence in the city, or is registered as a business entity with the California Secretary of State pursuant to the California Corporations Code as the same now exists or as may be hereafter amended from time -to -time with a designated or registered business entity address located in the city, then the business license tax liability of such business entity or person under Section 21-119 shall be limited to the appliGable basiG rate minimum tax amount Sec. 21-119.23. - Home -based businesses —Alternate tax. (a) Persons liable under the terms of this Chapter for gross receipts business license taxes for business conducted from a home residence within the city and whose gross receipts therefrom do not exceed the annual amount specified in Section 21- 120h 1 aper year shall have the right to elect an alternate flat rate business license tax as set forth in Section 21-120h of this Chapter for home based businesses and home based occupations, in lieu of the gross receipts tax which would otherwise be applicable. Such election shall be made in writing at the time of applicant's original application for a Resolution No. 2022-056 Page 12 of 22 City Council 1 — 80 12/13/2022 business license or may be made once annually thereafter at the time of licensee's application for a renewal license. (b) Home based businesses and home occupations eligible for election of an alternate flat rate tax assessment shall be deemed to be those businesses or occupations conducted from a home residence in the city whose business or occupational use of said residential premises meets the requirements for a home occupation permit as set forth in Sections 41-193.1 through 41-607 of this code as the same now exist or as they may be hereafter amended from time -to -time. Sec. 21-119.43. - Election of an alternate tax assessment basis —Effect. In every case where a licensee exercises a right under this Chapter to elect an alternate tax assessment basis the effect of said election shall be as follows: (a) In the event an existing licensee elects to convert their annual license assessment to an alternate tax assessment basis with an annual term beginning one (1) or more calendar quarters before the commencement of their pre-existing tax assessment basis and ending one (1) or more calendar quarters after the conclusion of their pre- existing tax assessment basis, then their initial alternate tax assessment shall be subject to a quarterly proration to account for the reduced number of calendar quarters remaining in the term of the newly elected tax assessment. (b) In the event an existing licensee elects to convert their annual license assessment to an alternate tax assessment basis with an annual term beginning one (1) or more calendar quarters after the commencement of their pre-existing tax assessment basis and ending one (1) or more calendar quarters after the conclusion of their pre- existing tax assessment basis, then their pre-existing tax assessment shall be retroactively increased prorata by the number of quarters necessary to account for the quarterly periods remaining between the conclusion of their pre-existing licensing term and the commencement of their alternate tax assessment licensing term. Sec. 21-120. - Flat rate and variable flat rate tax schedules; adjustment for inflation/deflation. (a) Flat rate and variable flat rate taxes are as set forth in Section 21-120a through 21-120wz of this article. Each tax including each of its components, and any specified deposit amount required in lieu thereof, together with anV other charges which are imposed pursuant to this chapter, but excluding the individual gross receipts tax rates set forth in section 21-119 shall be automatical!y ad'usted on November 1 2023 and on November 1 of each year thereafter, upward or downward, equivalent to the most recent change in the annual averse of the consumer price index All Urban Consumers 1982-84 = 100 as published by the United States Department of Labor for the Los Angeles -Long Beach - Anaheim metropolitan area as the same now exists or as shall be from time to time amended by the United States Department of Labor. Resolution No. 2022-056 Page 13 of 22 City Council 1 — 81 12/13/2022 (c) For purposes of calculating the annual inflator/deflator factor under this section the base year shall be that year ending with the guarter ending June 30 2022. Rates tax rates basic rate amounts charges, specified deposit amounts qualifying threshold amounts, maximum tax cap amounts) shall first be adjusted on November 1 2023 and thereafter, based on the annually calculated change from the base ear through to September 30 of each successive year. Said change shall be rounded off to the nearest whole dollar as follows: If the remaining fraction of a dollar is forty-nine one - hundredths of a dollar or less, such fraction shall be omitted. If the remaining fraction of a percent is fifty one -hundredths of a dollar or more the next highest dollar shall be applied. Sec. 21-120a. - Advertising services, ambulanG 5, amusement services. (1) ADVERTISING SERVICE: (a) Distributing samples or posting bills .............................. $100.Q0250.00 A AMUSEMENT SERVICES: (a) Amusement center (a location where mechanical devices or animals are maintained for furnishing rides or entertainment and which may also include vending stands): (i+i) More than 10 daysOther: Base rate ....................................................... ......... 12,90-.00500.00 M Plus, for each ride or vending stand in excess of 10 ......25.0060.00 Q (b) Sporting exhibitions.............................................................59.00100.00 D (c) Carnival, circuses, concerts, tent shows and open air shows seating not more than 4,000 persons: Firstday.....................................................................100 00200.00 D Each additional day.....................................................50.99100.00 D Resolution No. 2022-056 Page 14 of 22 City Council 1 — 82 12/13/2022 (d) Carnival, circuses, concerts, tent shows and open air shows seating more than 4,000 persons: First day.......................................................................250.00500.00 D Each additional day.....................................................159.09300.00 D Sec. 21-120b. - "Bankrupt,"Glosing out " "fir, "WFeGk" sales; b8uilding tradesmen-, bHs limeusine and taxi companies. ►ems = _- - -- -- -- - — - - ..Ran ( 2-) BUILDING TRADESMEN, per individual............................................$35.00 A (23) BUS, LIMOUSINE, OF TAXI COMPANY: b. TAXI COMPANY, per vehicle ....................... ..35.00 A Sec. 21-120c. - Catering trucks, change in location amendment charge, change in name amendment charge, Christmas tree and pumpkin lots, contractors. (1) CATERING TRUCKS, per vehicle...........................................$190.00250.00 A (2) CHANGE IN LOCATION AMENDMENT CHARGE, per license... 10.0015,00 C (3) CHANGE IN NAME AMENDMENT CHARGE, per license........... 10.0915.00 C (4) CHRISTMAS TREE LOTS, per lot .............................................. 1-00.008.00 Del (5) PUMPKIN PATCH LOTS, per lot................................................100-008.00 DMA (6) CONTRACTOR —GENERAL CONTRACTOR, prorated quarterly per contractor................................................120.00300.00 A (7) CONTRACTOR —SPECIALTY and SUBCONTRACTOR, prorated quarterly per contractor ................................................ 11-0,00275.00 A Sec. 21-120d. - Dances, danre halls, day nurseries duplicate license charge. 1) D11NrE HALL, I PUBLIC .................................$20O.0-r0 A Resolution No. 2022-056 Page 15 of 22 City Council 1 — 83 12/13/2022 (2) DANCING ❑LAGERUBLIG - -- ............................ ....... ....... 40n 99 A. (31) DANCE, PUBLIC, per dance................................................................... -$25 0035.00 D (52) DUPLICATE LICENSE CHARGE, per license.....................................10.00 C Sec. 21-120f. - Firework stand. FIREWORK STAND, per siand_,-$88 98250.00 Sec. 21-120g. - Gardeners or lawn maintenance workers.; GARDENERS OR LAWN MAINTENANCE WORKER, per individual ....... ..,$35.00 A, Sec. 21-120h. - Home -based businesses, home occupations, hobby - gratuitous license charge. (1) HOME -BASED BUSINESS/HOME OCCUPATION .....................$ 0935.00 A a. QUALIFYING THRESHOLD AMOUNT per licensee .............$50,000.00 T (2) HOBBY — GRATUITOUS LICENSE CHARGE, per license .....................10.00 C Sec. 21-120i. - Independent contractors, ice cream trucks, itinerant merchants, insurance solicitors, initial period application processing charge. (1) INDEPENDENT CONTRACTOR, per individual..................................$35.00 A (2) INITIAL PERIOD APPLICATION PROCESSING CHARGE Per license application...........................................................................15,00 C (3) ITINERANT MERCHANT.........................................................$190. 250.00 Q (4) INSURANCE SOLICITOR, per solicitor.................................................35.00 A (5) ICE CREAM TRUCKS..............................................................$199. 250.00 A Sec. 21-120j. - Janitorial and building maintenance services, junk collection. (1) JANITORS AND BUILDING MAINTENANCE WORKERS, Per individual.....................................................................................$35.00 A 1 (2) JUNK COLLECTION, per vehicle .................................... I ...... $100. 250.00 A Resolution No. 2022-056 Page 16 of 22 City Council 1 — 84 12/13/2022 Sec. 21-120m. - Minimum gross receipts — qualifying threshold amount / gratuitous license charge. MINIMUM GROSS RECEPTS — QUALIFYING THRESHOLD AMOUNT 1 GRATUITOUS LICENSE CHARGE (a) QUALIFYING THRESHOLD AMOUNT per licensee $"5,000.00 AT (b) GRATUITOUS LICENSE CHARGE, per license..............................10.00 C Sec. 21-120n — New Business — minimum tax. NEW BUSINESS — MINIMUM TAX Per license ...............................................$10.00 A Sec. 21-120o. - Off -premises commercial advertising signs. OFF -PREMISE COMMERCIAL ADVERTISING SIGNS: (1) Sign faces with gross dimensions equal to or less than three hundred (300) square feet, per sign face ..................................................... $75.99190.00 A (2) Sign faces with gross dimensions in excess of three hundred (300) square feet, per sign face ................................................... $198-99250.00 A Sec. 21-120p. - RIB, Ppeddlers- and nrnfoccinnol con�iroc pushcarts. {4-) W '�INE R.............................................................................. $4 00-98 A (12) PEDDLER, per peddler as principal ...................... $100.00250.00 A or 10.00 D (2-3) PEDDLER, per peddler as independent contractor.............................35.00 A (34) PRINCIPAL'S PEDDLER'S LICENSE ........................ ............ $200.00400.00 A per each person engaged in peddling in the city.................................35.00 A (d) =@Gh additiGRal nercnn ......... 10.00 A (55) PUSHCARTS, per pushcart.....................................................200 00500.00 A Sec. 21-120r. - Real estate agents, renewal application processing charge, rental of residential real estate: residential property rental; residential apartment rental; rooming house rental; residential mobile home property rental; revalidation application processing charge. Resolution No. 2022-056 Page 17 of 22 City Council 1 — 85 12/13/2022 (1) REAL ESTATE AGENT, per agent....................................................$35.00 A (2) RENEWAL APPLICATION PROCESSING CHARGE Per license renewal application...........................................................15.00 C (3) RESIDENTIAL PROPERTY RENTAL UNIT ........................ ......... 2fi 0063.00 A Plus per each property rental unit ................... ............................... -5.0013.00 A (4) RESIDENTIAL APARTMENT RENTAL........................................25.0063.00 A Plus per each apartment rental unit ............... ................................. &.-0013.00 A (5) ROOMING HOUSE RENTAL.......................................................25-0063.00 A Plus per each room rental unit . ....................................................... 5-0013.00 A (6) RESIDENTIAL MOBILE HOME PROPERTY RENTAL ................25.0063.00 A Plus per each rental unit space ...................................................... 6-0013.00 A (7) REVALIDATION APPLICATION PROCESSING CHARGE Per license revalidation application......................................................10.00 C Sec. 21-120s. - Sealing of nonidentified or unlicensed machines; sharpening sores; shoeshine stands, solicitors, swap meet exhibitor. (1) SEALING OF NONIDENTIFIED OR UNLICENSED MACHINES Permachine.............................................................. .......................... $10.00 C ......................................... (2-3) SHOESHINE STAND, nor epeFatof...............................................15.0035.00 A (34) SOLICITOR, per solicitor as principal ............. ........................... 100-00250.00 A (46) SOLICITOR, per solicitor as independent contractor............................35.00 A (56) PRINCIPAL'S SOLICITOR'S LICENSE ..................................... 200-00400.00 A Per each person engaged in soliciting in the city..................................35.00 A 1 (67-)SWAP MEET EXHIBITOR, per participating exhibitor ....... ................. .a-003.00 D Sec. 21-120t. - Theatrical performance; tow trucks, trucking and general delivery. (1) THEATRICAL PERFORMANCE .............................................. $-50.09120.00 D (2) TRUCKING AND GENERAL DELIVERY, per vehicle ................ 50.00120.00 A (3) TOW TRUCKS, per vehicle....................................................... 50.09120.00 A Resolution No. 2022-056 Page 18 of 22 City Council 1 — 86 12/13/2022 Sec. 21-120v. - Vending and coin -operated machines. COIN -OPERATED MACHINES OR DEVICES: (1) Per $94-00.25 device and over .. $20 90 n a First Machine..... ........ ­ ....... ................................... $ 25.00 A b Per additional device.....................................................................13.00 A Sec. 21-120w. - Warehouses, (1) WAREHOUSE.......................................................................... $190.98250.00 A 1 1 _ I! \ ! 1 �la \. ll 1 Sec. 21-121. - Adjustment for Reserved. Section 6. Article XIV (Tax Holiday) is hereby added to Chapter 21 of the Santa Ana Municipal Code (Licenses) to read in its entirety as follows. ARTICLE XIV. - TAX HOLIDAY Sec. 21-143. - Development and Administration of the Tax Holiday Program. The City -Manager and his or her designee shall develop and administer a Tax Holiday program as authorized and provided in this article. Sec. 21-144. - Duration and Application of Program. The Tax Holiday program shall be conducted for the period of twelve 12 months as specified hereinafter. (a) All annual license renewals based upon a flat rate shall be for the twelve- month period beginning January -first of the current Vear and shall ex ire on the thirty -firs day of December of the current vear. (b) All annual license renewals based upon a variable flat rate shall be for the twelve-month period beginning July first of the currentyear and shall expire on the thirtieth day of June of the following year, Resolution No. 2022-056 Page 19 of 22 City Council 1 — 87 12/13/2022 (c) All annual license renewals based upon gross receipts shall be for the twelve-month period beginning on April first of the current year and shall expire on the thirty-first day of March of the following year. d All quarterly licenses shall be for the period of three 3 months be innin on the first day of January and ending on the thirty-first day of March; on the first day of April and ending on the thirtieth daV of June on the first day of July and ending on the thirtieth day of September; on the first day of October and ending on the thirty-first day of December. Sec. 21-145 - Elements of program: requisites for compliance with program. a The provisions of this article shall apply to any persons who are required to obtain a business license and pay a business license tax under Chapter 21 of the Santa Ana Municipal Code and who files a business license application and complies with the following program requisites: Substantially complies with the business license application procedure created and administered by the City Manager and his or her designee: For any persons with unlicensed businesses who pay in full all business license taxes for the current tax year within a ninety 90 day period shall then be excused from all back tax liability, including penalties and interest, as described in Section 21-15. For any persons with licensed businesses that are in arrears for business license taxes or under -assessed as a result of improperly underreporting business license tax liabilities and wish to cure an arrears or underreporting may do so. However, the principal amount of the arrears outstanding or the principal amount of the under- assessment must be paid in full in order to qualify fora penalty and interest Tax Holiday. (b) For any business license taxes subject to a Tax Holiday under this program, the City Manager and his or her designee may enter into an installment payment agreement, in lieu of the complete payment required under subdivision 2 of subsection (a) of this section Failure of a person paying a business license tax to fully comply with the terms of the installment payment agreement shall render the waiver of any penalties and interest applicable thereto null and void unless the City Manager and his or her designee determines that the failure was due to reasonable cause and the person substantially complied with the terms of the installment agreement. An installment agreement under this article shall have a minimum term of six (6) months, by which date all arrears business license taxes, fees, and costs must be fully paid. The City Manager and his or her designee may use their discretion to alter any existing installment agreement to reflect the intent of the Tax Holiday. Resolution No. 2022-056 Page 20 of 22 City Council 1 — 88 12/13/2022 Section 21-146.-_I_mplementation of article. The City Manager and his or her designee shall adequately.publicize the Tax Holiday program, issue forms and instructions and take all other necessa actions needed to implement this article. The City Manager and his or her -designee shall have the discretion to create the application „for ,the Tax Holiday program. The Finance and Management Services AgenuV shall have the discretion to determine whether a tax a er has substantially complied with the requirements of the Tax Holiday_ program. Section 7. Pursuant to Section 2(b) of Article XII I C of the California Constitution and California Elections Code Section 9217, if a majority of the voters voting in the election on this ordinance vote in its favor, the ordinance shall become a valid and binding ordinance of the City of Santa Ana. The ordinance shall be considered as adopted upon the date that the vote is declared by the City Council, and shall go into effect ten (10) days after that date. Section B. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The People of the City of Santa Ana hereby declare that they would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 9. Following certification by the Clerk of Council that the citizens of Santa Ana have approved this ordinance, the Mayor shall sign this ordinance and the Clerk shall cause the same to be entered in the book of original ordinances and shall cause the same, or a summary thereof, to be published as required by law. PASSED, APPROVED, and ADOPTED by the People of the City of Santa Ana this 8th day of November, 2022 Vicente Sarmiento Mayor ATTEST: Daisy Gomez Clerk of the Council Resolution No. 2022-056 Page 21 of 22 City Council 1 — 89 12/13/2022 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Resolution No. 2022-056 Page 22 of 22 City Council 1 — 90 12/13/2022 RESOLUTION NO. 2022-067 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 8, 2022 FOR THE SUBMISSION OF A BALLOT MEASURE TO THE QUALIFIED VOTERS FOR CHARTER CLEAN-UP AMENDMENTS, ADOPTION OF A LIFETIME BAN FOR THE MAYOR AFTER 4 TERMS AND A LIFETIME BAN FOR CITY COUNCILMEMBERS AFTER 3 TERMS, REQUIRING APPROVAL OF 2/3 OF THE CITY COUNCIL TO ADOPT A BUDGET, EXPANDING APPLICATION OF THE CODE OF ETHICS, AND PROVIDING FOR THE FILING OF ARGUMENT AND REBUTTAL STATEMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. By Resolution No. 2022-044, the City Council has declared that a General Municipal Election shall be held on November 8, 2022 for the election of municipal officers and the City Council asked that the General Municipal Election be consolidated by the County of Orange with the Statewide Election on November 8, 2022. 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 of Santa Ana desires, on its own motion, to submit to the voters a question of whether clean-up amendments to modernize and streamline the City Charter, along with adoption of a lifetime ban for the Mayor after 4 terms and a lifetime ban for Councilmembers after 3 terms, requiring a 2/3 vote of the City Council for approval of the budget, and expanding the application of the Code of Ethics shall be submitted to the voters at the General Municipal Election to be held on Tuesday, November 8, 2022. Section 3. In 2020, the Mayor created a Charter Review Ad Hoc Committee that considered numerous potential City Charter amendments. The Ad Hoc Committee ultimately recommend to the full City Council that 17 amendments to the City Charter be placed on the ballot for the November 2020 General Municipal Election. After consideration of the proposed Charter Amendments at a public meeting, the City Council declined, at that time, to place the recommended Charter amendments on the ballot. Section 4. In 2022, the Mayor created a Charter Review Ad Hoc Committee that considered both the 2020 Charter amendment recommendations and some additional changes to the City Charter relating to City Council term limits, the term of the Mayor, City Council compensation, and adoption of the City budget. The 2022 Charter Review Ad Hoc Committee ultimately recommended to the full City Council placing 16 of the 17 2020 recommendations on the ballot, as well as, two new Charter amendments adopting a Resolution No. 2022-067 Page 1 of 5 City Council 1 — 91 12/13/2022 lifetime ban for the Mayor after 4 terms and a lifetime ban for Councilmembers after 3 terms and requiring a 2/3 vote by the City Council to adopt the budget. Section 5. The ballot question for the proposed Charter amendments shall be as follows, with identification as determined in accordance with the California Elections Code:' MEASURE # I Yes Shall the Santa Ana City Charter be amended to update the Charter by imposing a lifetime ban for the Mayor after 4 terms and a lifetime ban for Councilmembers after completion of 3 terms, requiring approval of 2/3 of the City Council to adopt a budget, expanding the application of the Code of Ethics, utilizing gender neutral language No throughout the Charter, changing references to the "Clerk of Council' to "City Clerk" and making other minor updates? Section 6. The text of the Charter amendments to be submitted to the voters is attached to this Resolution as Exhibit "A" and incorporated herein by this reference. Section 7. Should said measure be approved by the requisite vote of a majority of the qualified voters, in addition to the changes in Section 6 above, to modernize the language, (a) all references in the Santa Ana City Charter to he/his/him or his/her would be replaced with they/themltheir; and (b) all references in the City Charter to the "Clerk of Council' would be changed to "City Clerk." Section 8. If the ballot measure receives a majority of the votes cast on it at the election, the Charter amendments shall be enacted accordingly. Section 9. That pursuant to Elections Code Section 9280, the City Council hereby directs the Clerk of Council to transmit a copy of the Ballot Measure to the City Attorney to prepare an impartial analysis of the Ballot Measure which shall not exceed 500 words in length. Section 10. That pursuant to Elections Code Section 9282, the City Council, or a member or members of the City Council authorized by the City Council, or an individual voter who is eligible to vote on the measure, or bona fide association of citizens or combination of voters and associations, may file a written argument for or against the Ballot Measure in accordance with Article 4, Chapter 3, Division 9 of the Elections Code. An argument shall not exceed 300 words in length. Resolution No. 2022-067 Page 2 of 5 City Council 1 — 92 12/13/2022 Section 11. That pursuant to Elections Code Section 9287, if more than one argument for or more than one argument against the Ballot Measure is submitted to the Clerk of Council within the time prescribed by law, he or she shall select one of the arguments in favor and one of the arguments against the Ballot Measure for printing and distribution to the voters, giving preference in such selection in the following order: The City Council, or a member or members of the City Council authorized by the City Council. 2. The individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure. 3. Bona fide association of citizens. 4. Individual voters who are eligible to vote on the measure. Section 12. That pursuant to Elections Code Sections 9220 and 9285, when the Clerk of Council has selected the arguments for and against the Ballot Measure which will be printed and distributed to the voters, the Clerk of Council shall send copies of the argument in favor of the Ballot Measure to the author or authors of the argument against, and copies of the argument against the Ballot Measure to the author or authors of the argument in favor, The author or authors may submit a rebuttal argument to the direct argument not exceeding 250 words. Rebuttal arguments shall be printed in the same manner as the direct arguments and shall immediately follow the direct argument, which it seeks to rebut. All previous resolutions providing for the filing of rebuttal arguments for City measures are repealed, and this Section shall only apply to the election on the Ballot Measure to be held on November 8, 2022. Section 13. In accordance with California Elections Code Section 10002, the City Council requests the Orange County Board of Supervisors to permit the county elections official to render specified services to the City relating to the conduct of an election, for which the City shall reimburse the County in full for the services performed upon presentation of a bill to the City. The Board of Supervisors is also requested to consent and agree to the consolidation of the City's general election with any other election occurring on November 8, 2022, and the City hereby consents to any such consolidation. Section 14. The services requested by the City of the county elections official, or such other official as may be appropriate and authorized to perform, include: the preparation, printing, and mailing of sample ballots and polling place cards; the establishment or appointment of precincts, polling places, and elections officers; opening and closing of polling places, and making such publications as are required by law in connection therewith; the furnishing of ballots, voting booths, and other necessary supplies or materials for polling places; the canvassing of the returns of the election and Resolution No. 2022-067 Page 3of5 City Council 1 — 93 12/13/2022 the furnishing of the results of such canvassing to the Clerk of the Council; and the performance of such other election services as may be requested by the City. Section 15. All persons qualified to vote at municipal elections in the City on the day of election herein provided shall be qualified to vote on the ballot measure hereby submitted at the general municipal election. Section 16. In all particulars not recited in the Resolution, the election shall be held and conducted as provided by law for holding general municipal elections in the City. Section 17. Notice of the time and place of holding the general municipal election is given, and the Clerk of the Council is authorized, instructed, and directed to give further or additional notice of the election in the time, form, and manner as required by law. Section 18. The Clerk of the Council shall receive the canvass as it pertains to the general municipal election and shall certify the results to the City Council, as required by law. Section 19. Pursuant to California Elections Code Section 9295, this Resolution and the attached ballot measure will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the sample ballot. The examination period will end on the day that is seventy-five (75) days prior to the date set for the election. Section 20. If any section, subsection, sentence, clause, phrase or provision of this Resolution or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of any other provision or applications, and to this end the provisions of this Resolution are declared to be severable. The City Council hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause, phrase or provision thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or provisions thereof be declared invalid or unconstitutional. Section 21. This Resolution shall take effect immediately upon its adoption by a majority of the City Council. Section 22. The Clerk of Council is hereby directed to certify to the passage and adoption of this Resolution and to file a certified copy of this Resolution with the Orange County Board of Supervisors and the Registrar of Voters of Orange County at least eighty- eight (88) days before the date of the election. ADOPTED this 2nd day of Auqust, 2022. Resolution No. 2022-067 Page 4 of 5 City Council 1 — 94 12/13/2022 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: La6la A. Rossini Chief Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers Vicente Sarmiento Mayor Hernandez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento (6) Lopez, Sarmiento (2) None (0) None Q CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022 -067 to be the original resolution adopted by the City Council of the City of Santa Ana on August 2, 2022. Date: I? It 1,2,;L � . �o/Clerk of the Counci City of Santa Ana Resolution No. 2022-067 Page 5 of 5 City Council 1 — 95 12/13/2022 Proposed Charter amendments: additions are underlined and deleted language is stricken. Sec. 400. - Number, selection and terms of members. The City Council shall consist of seven (7) members elected at the times and in the manner provided in this charter, each of whom, except for the mayor, shall serve a term of four (4) years. The term of each member shall begin at 6:00 p.m. on the first regularly scheduled meeting or at a special meeting second Tuesday of DeGembe following certification of election results, and each shall serve except as otherwise provided for in this charter, until the member's his OF he successor is elected and qualified. Each office of councilmember shall be a separate office and, except for the mayor, one (1) of such offices shall be assigned to each of the wards of the City. Councilmembers shall be residents of their respective wards, and nominated and elected only by the voters of their respective wards. The Mayor shall be elected from the City at large. City Council 1 — 96 12/13/2022 See. 401. Qualifieations of members. To be eligible to be elected to the office of councilmember, a person must be a qualified voter and a thirty (30) day resident of the ward from which the candidate is nominated at the time nomination papers are issued as provided for in the Elections Code of the State of California, except that the mayor need only be a registered voter and thirty (30) day resident of the city at such time. In the event any councilmember other than the mayor shall cease to be a resident of the ward from which the councilmember (or, in the case of an appointee, the councilmember's predecessor) was elected, or in the event the mayor shall cease to be a resident of the city, the office shall immediately become vacant and shall be filled in the same manner as herein provided for other vacancies; provided, that where a councilmember ceases to be a resident of the ward from which the councilmember (or, in case of an appointee, the councilmember's predecessor) was elected solely because of a change in boundaries of any ward as in this charter provided, the councilmember shall not lose the office by reason of such change. If a member of the city council shall be convicted of a crime involving moral turpitude, the office shall immediately become vacant and be so declared by the city council. shall be eligible for- appeintment, nomination for of eleetion to the offie&-af councilmember /regmd ess of.r afds repiysented by that nerve .� i, VVUAAV AAAAAVAA1V Vl `1V�Ul LL1V JJ V1 YY Ul tiL� VVCi term yems niter eompletion f that t. V�aVul no�rV VAlWi Y1thanthanA' {,terml L11�11CVVeight `YJ iYnn��lvi niYY�er�n t�i r� nr.+Ynen>>«-.it..re -Pi�1f-H 4.-, n c �'hoA of: .�rtia teF is shall net be ennide.-e.a detet• ininrg eli ibili+ 1111V1L Vl Nµl Llµl LVAlAAJ J11U1111VL VV VV11J1LL\.tivu iil- a b �1 1 ele�e of this Ghai4eF, shei�*� 1 termsshallon!), be gene where the e eilmember was elenter� o appointed to �VLAA IJ JiAUAA V�11� VV L11VJV YY i1V1 V L11V VVµllV ---"-d. Any eowieilmember who assumed offiee at the b office,In } r-egardless of the or -de' whieh the), served, shall not be b } neminaiien Or- eleetion as a eo neil member ber or as mayor r than f r n term b �i ng eig t (9) years �. .. v...AAVAA ���vAAAvv. va u.i Llluy vl, iiv �vviwi ulul � r�rr�A rin rJllnVn�Y nrJnOns of this sV etion related to shai4 or rn.tinl te.ns is deemed to b . tefy of existing, law. City Council 1 — 97 12/13/2022 See. 401.01, Term limits.(NEW SECTION A. Councilmembers A person shall only serve three 3 terms of four 4 ears each in the office of councilmembcr (regardless of wards represented by that person during such period and regardless of whether service is consecutive or nonconsecutive). This term limit of a total of twelve 12 ears of service shall be deemed to applygpply to anyone elected in or after the 2012 general municipal election. Short or partial terms shall not be considered in determining eligibility for appointment, nomination or election. For purposes of this Charter, short or ,partial tcrms shall only be those where the councilmember was elected or appointed to replace another councilmember who left office before the latter official's term ex iced. An councilmember who assumed office at the beginning of a term and left office early for any reason whatsoever shall be deemed to have served a full term. The provisions of this section related to short or partial terms is deemed to be declaratory of existing law. B. Mayor A person shall only serve four (4) terms of two (2) years each (regardless of whether service is consecutive or nonconsecutive). This term limit of a total of eight (8) years of service shall be deemed to apply to anyone elected in or after the 2012 general municipal election. Short or partial terms shall not be considered in determining efigibilily for a ointment nomination or election as ma or. For purposes of this Charter, short or partial terms shall only be those where the ma or was elected or appointed to replace another mayor who left office before the latter official's term expired. Any mayor who assumed office at the beginning of a term and left office early or before the term expires for any reason whatsoever shall be deemed to have served a full term. The provisions of this section related to short or Partial terms is deemed to be declaratory of existing law. C. Absolute Term Limit (1) Notwithstanding an, other ther previously enacted provision of law or of this Charter, during their lifetime, a person may servc no more than throe 3, terms of four 4) years each as a member of the Santa Ana City Council, and may also serve no more than four (4) terms of two (2) years each as Mayor of Santa Ana. City Council 1 — 98 12/13/2022 The City Clerk, or other election official authorized by law, shall not accept or verify the signatures on any nomination VWer for gny person,including any pgper seeking election as a write-in candidate, nor shall he or she ceilik or place on the list of certificd candidates, nor print or cause to be printed on any ballot, ballot pamphlet, sample ballot or ballot label, the name of any person whose. candidacy, if successful will result in a new Ma oral or Ct Council term that exceeds the limits set forth herein. (2) No person who has already served three terms as a member of the City Council_ may be appointed to serve on the City Council, and no person who has already served four terms as Mayor mate appointed to serve as Mayor, whether said appointment is in lieu of a Municipal Election or to fill _a vacancy on the City Council. 3 Na person who has already served three terms as a member of the Cily Council mqy run forspecial election to fill a vacancy on the QijY Council. No person who has already served four terms as Mayor may run forspecial election to fill a vacancy in the office of Manor. City Council 1 — 99 12/13/2022 Sec. 401.05. - Code of ethics and conduct. The City of Santa Ana shall adopt a Code of Ethics and Conduct for elected officials the City Attorney, the City Manager, the Clerk of Council, the Police Chief, directors of all City departments, and members of appointed boards, commissions, and committees to assure public confidence in the integrity of local government elected and appointed officials. The City Council shall periodicaly review a4w the Code of Ethics and Conduct and make any amendments by ordinance or resolution within six months of the effeetive date of this GhaFteT--4-�. Any person alleging a violation of the Code of Ethics and Conduct by the Police Chief, or department director, shall provide a written document to the City Manager with their name and contact information and a brief description of the alleged violation. The Ciy Manager shall review and respond to the complaint in writing and report to the City Council every thirty (30) days of the status of the review. Any person alleging a violation of the Code of Ethics and Conduct by any member of the City Council, the City Manger, the City Attorney, the Clerk of Council, or members of appointed boards, commissions, and committees shall provide a written document to all members of the City Council with their name and contact information and a brief description of the alleged violation. The City Council shall refer the complaint to an ad hoc committee of the Council for review. The Council ad hoc committee may then make a recommendation to the full City Council for father review, investigation or action. When a review or investigation is completed, the City Council may impose sanctions which may include, a reprimand, formal censure, or loss of committee assignments or in the case of members of boards, commissions or committees, removal from the board, commission, or committee. A complaint concerning an alleged violation by one of the Council's appointed employees shall be handled as a personnel matter. City Council 1 — 100 12/13/2022 Sec, 404. Presiding officer, mayor. The mayor shall be a member of the City Council and shall preside over the meetings of the City Council. The mayor shall have voice and vote in all of the City Council's proceedings and shall be recognized as head of the City government for all ceremonial purposes. The mayor shall have no administrative duties but shall perform such other duties as may be prescribed by this charter, or imposed by the City Council, consistent with his office. The mayor shall be elected by the voters of the City at large at each general municipal election in November of even -numbered years for a two-year term commencing on the same date as the terms of other council members elected in such year. No person may be a candidate for mayor and a candidate for any other office on the City Council in the same election. In the event an incumbent City Council member other than the mayor is elected mayor such other office shall become vacant at the time he or she assumes office as mayor and the City Council shall call a special election to fill the vacancy. To be eligible to be elected to the office of mayor a person must be a qualified voter as provided for in the Elections Code of the State of California. If the mayor is convicted of a crime involving moral turpitude, the office shall immediately become vacant and be so declared by the city council. x be eligible feF anrp.,in+.r�ar.t ominatia+ for r or- eleetio to the office f VV VA1G1V1V 1V1 L11.11./V 111 L111V11L, 11V2F11114L1 �� sAAt-ef: than for a term beginning eight (9) .roars after - completion of the ��v. r �rvV+iVi LAAUAA 1VA µ LVAAAA VVS1Lli1111G V1C11E �VJ years S] ({�Ljl� LLII VV •1 P F P eeeling per-ied shall not apply to eligibility fet: ��,C.�, 1l--m,n} , % `l vP�Le�that LTCany per-sonwho has sGTTI�twenty ? LnT) ca' n cT�JLZ RZSYS G�G Ux in office, o eouneil iem%�T1 er,re�rofthe order 1 1 y. � ,� eligible , cTar-wtx�rctt � erye� all no�for- appeiI tmenGZr�neffiinat+C'Ll n or- eleeCiOR as a 7 no sootqef than for- a tefm beginning eigW (9) years LL il , viavat or rui �iva terms shall 11VL VV VV11Jll,i in a; VlVu in eligibility fof tMeHt flOffifflation or- eleetion as mayen For- purposes of this short 7 nr—n.ar-tial try va l i ._lea those sere the . .ten eleete appointed .l t vi trUa �aµa �V LT iiiJ Jiiµii V„i� VV LAiVJV where L11V lllµ�'r^ r s teFm expired. Any may7-�ayOF T, hO assTTme offing at the l-.egif..-�ing of a term and loft r�ff,na earl befeFe OF YT LLV assumed V111VV LLL L11V VVClilll term e*pir-es far- any,-easefi whatsoever- shall be deeffied to have served a ftd! teF+:H. The pyisio s of this seetion related to sheA art,al terms is E a to -be 111V YlV Y1J1V11J V1 Llll�] JVVLAV Ll 1VI deelaraior-y of existing law. City Council 1 — 101 12/13/2022 See. 405. - Mayor pro tem. Each calendar year, at the hi the first meeting in January, of �he City Geaneil felle,�Ang any general the City Council shall elect a mayor pro tem who shall act as mayor during the absence from the City or disability of the mayor, or during any vacancy in the office of mayor until otherwise filled in accordance with section 403. All members of the CitV Council other than the mayor, shall be eligible to serve as mayor pro tem regardless of their seniority or whether they previously served a term or terms as mayor pro tem. The mayor pro tem from the previous year cannot be selected as mayor pro tem the next year. The mayor pro tem shall serve at the will and pleasure of the Council and may be replaced by four affirmative votes of the Council. City Council 1 — 102 12/13/2022 Sec. 406. - Council judge of elections and qualifications of members. The City Council shall be the judge of the election and qualifications of its memberksl as defined in section 401 of this charter and shall meet on the first regularly scheduled meeting or at a special meeting after election returns are certified for any municipal election at which members of the City Council are elected, declare the results thereof, and install elected members, if any. City Council 1 — 103 12/13/2022 Sec. 413. - Adoption (resolutions and ordinances). Every ordinance shall be introduced in writing. A copy of each ordinance and written resolution shall be available in the council's chambers for public inspection during any council meeting at which the same is to be passed or adopted. No ordinance shall be passed finally on the day it is introduced, except for emergency ordinances as hereinafter defined in Section 415, nor within six (6) days thereafter, nor at any time other than at a regular or adjourned regular meeting. A proposed ordinance may not be amended or modified between the time of its first reading int - dam= and the time of its second reading �, except for correction of typographical or clerical errors ...���^tea Ana ^F'^"" l ^""'^se are id. Any alterations, other than typographical or clerical corrections shall cause the ordinance to be subject to a new first readin . The rights and powers conferred on the City Council shall be exercised by ordinance, resolution or motion as may be prescribed by the Constitution or Laws of the State of California, and the provisions of this Charter; provided, that each act of the City Council establishing a fine or other penalty or granting a franchise shall be by ordinance. No order for the payment of money shall be adopted or made at any other than a regular or adjourned regular meeting, except when a state of emergency has been declared or at an emergency meeting properly convened. All ordinances and written resolutions shall be signed by the mayor and attested by the Clerk of the Council as soon as possible, but no later than 72 hours from its adoption by the Council. If the mayor is not available or does not sign an ordinance or resolution, the Clerk of Council shall first ask the mayor pro tern to sign and then any Councilmember who voted to approve the ordinance or resolution. City Council 1 — 104 12/13/2022 See. 607. Same Further consideration and adoption. After the conclusion of the public hearing, the City Council may further consider the proposed budget and make any revisions thereof that it may deem advisable. 4n or before the thirty-first (31 st) day of July the City Council shall adopt the budget with revisions, if any, by the affirmative votes of at least two- thirds amajority of its members. Upon final adoption, the budget shall be in effect for the ensuing fiscal year. Between the first (1 st) day of July and any subsequent date on which the budget, is adopted the several offices, departments and divisions shall be authorized to expend, each calendar month subject to the controls established in other sections of this charter, amounts of money equal to the expenditures of each such office, department or division during the preceding June. The budget adopted by the City Council shall provide for the support of public recreation programs at least the equivalent of six cents (6) on each one hundred dollars ($100) of the assessed value of taxable property in the City on the legal assessment date for the previous fiscal year. A copy of the adopted budget, certified to by the Clerk of the Council, shall be filed with the director of finance and a further copy shall be placed, and shall remain on file, in the office of the Clerk of the Council where it shall be available for inspection. The budget so certified shall be reproduced and copies made available for the use of all officers, offices, departments, and other agencies of the City and for the use of civic organizations. City Council 1 — 105 12/13/2022 Sec. 613. - Claims —Formalities; treasury payment ���r��*s. Any claim against the City shall be in writing and may be in the form of a bill, invoice, payroll, or formal demand. The director of finance, with approval of the City Manager, may prescribe the formatter femis, oR-in which claims against the City shall be presented_ to -him. Each such claim shall be presented to the d+F8GtO o finance department The director of finance shall prescribe internal controls for examination and audit of each claim, whe shall examine and au '+. If the claim is correct in all respects, has not previously been paid nor certified for payment, is provided for by an appropriation or legally enforceable court or administrative order for the purpose or object that gave rise to it, and if sufficient funds for the payment thereof remain unencumbered in such appropriation if applicable, and if the claim is otherwise legally due and payable, the director of finance the -al,ai„Ta„d-shall authorize payment from dFaw his warrant on the treasury, and against the proper fund, for the payment thereof. All claims certified for payment by the director of finance, and payments warrants drawn by the finance director #im for the payment thereof, shall be transmitted by the finance director him to the City Manager together with a list of such payments warrants payable from each fund, showing for each payment ,warFaR the number, date, and amount of the payment�t and the name of the payee. The City Manager may approve or disallow any of the claims so certified for payment. Any person dissatisfied with the refusal of the director of finance and/or the City Manager to approve any claim, in whole or in part, may present such claim to the City Council. The City Council, after examination into the matter, may approve or disapprove the claim in whole or in part, and, if properly payable under an existing appropriation, may order the director of finance to make payment of the claim or portion thereof draw his warrantOR the tFeasury n payment theree For any such claim for which no provision, by way of appropriation, exists, but which is approved for payment by the City Council, appropriation by the City Council shall be made therefor before the director of finance is ordered to make payment draw his warrant ,. payment thereof. Payment clue+"ram ;to on the City treasury which are not paid for lack of funds shall be registered. All registered payments ,. aFra„ts shall be paid in the order of their registration when funds therefor are available and shall bear interest from date of registration at such rate as shall be fixed by the City Council by resolution. City Council 1 — 106 12/13/2022 ARTICLE X. -CIVIL SERVICE Sec. 1000. - Civil service system. A civil service system shall be as follows in addition to necessary rules of implementation to be established by ordinance_ and as may be recommended by the personnel board: (a) That the most qualified and competent employees shall be appointed and promoted, based upon fair and equitable competition for the positions to ensure the highest quality City government. (b) That no political or other outside influences shall affect appointments or promotions. (c) That there shall be equal opportunity for all persons regardless of membership in a protected class as specified in state or federal law age, sex,, ' 09ion,, Greed, war;ta. state. 1.,.,-ical cap, QF . crr�rnvr, pr-r�roa� (d) That there is equitable treatment of all civil service employees in matters of discipline, layoff or dismissal from the City service. The system should be established in such a manner to ensure the accomplishment of the foregoing standards in appointments, promotions, discipline, layoffs or dismissals of civil service employees. The civil service rules and regulations shall provide for such matters as the City Council and the personnel board, with the concurrence of the City Council, may deem necessary, proper or expedient to carry out the intent and purpose of the civil service provisions of this charter. These rules and regulations shall provide: (a) Preference for veterans for appointment to civil service positions consistent with the principle of merit. (b) Vacancies in positions of the higher classes in the civil service of the City shall be filled with preference to employees occupying positions of lower classes having duties and responsibilities which can reasonably be considered as affording training and experience for the performance of the duties of the higher class. (c) That persons achieving eligibility for a position in the civil service shall retain that eligible status for a time sufficient to offer an opportunity to be appointed to a position in the civil service. (d) That the right to exercise disciplinary and dismissal powers is vested respectively in the officers of the City who have the power of appointment as to any position in the personnel system. Actions relating to suspension, demotion or dismissal for reasonable and sufficient cause may be taken by the officer having the power of appointment to the position. City Council 1 — 107 12/13/2022 Sec. 1002. -Civil service and excepted service. The civil service system of the City shall cover all employees of the City not excepted by this section. (a) The excepted service shall comprise the following offices and positions: (1) The individual offices held by all elective officers; (2) The City Manager and the City Manager's #is assistants, if any; (3) The City Attorney and the City Attorneys his legal assistants, if any; (4) The Clerk of the Council; C''�1=7 T44 &eGtnr of personnel, Of Py- (_ ) The head of each department of the City as specified b ordinance or resolutior rot othepNim- nn^n""`' "efe'^ ""''��-�u `�"`nf _adPRiP�R4;#'.'P G9G8F of the , and of the housing authority of the City of Santa Ana, but not including the police chief or the fire chief; L9) One private secretary to the City Manager, (79) All members of boards and commissions; LM) Positions occupied by persons employed to render professional, scientific, technical, or expert service of an occasional and exceptional nature; { 44) Positions in any class or grade created for a special or temporary purpose,, +Rd-...�.-a wh We to exist for a peim�ad of not IeRge than ninety turn days; _(42) PGsitiens G4 any class eF grade exampted from the Givii SeP�iG8 for a maxiFAYM Of s;X (65) Fnor�hs iR aRy GalendaF yeaF provided R*r r• n exemption 2AI of i� Hers. Any 709Part-time positions or em io ments,T 4h rn to h I ](1 rcn Ier hn a of e�n4 nor . ^v ; (115) All positions occupied by persons employed to replace employees ordered to active duty, enlisted, or drafted for military service during a national emergency or when this country has declared war and until the expiration of the time when such replaced employee could demand his former position of employment under federal or state statutes. (b) The civil service shall comprise all positions not specifically included by this section in the excepted service. (c) In the event an officer or employee of the City holding a position in the civil service is appointed to a position in the excepted service and should subsequently be removed therefrom within twelve months of the employee's appointment to the excepted service, the employee shall revert to the e� Na former position in the civil service without loss of any rights or privileges and upon the same terms and conditions as if the employee had remained in said position continuously. City Council 1 — 108 12/13/2022 Sec. 1010. - Prohibitions. (a) No officer or employee of the City shall in any way favor or discriminate against any employee of the City or any applicant for employment with the City because of the employee's his OF heF FaGe age, . Membership in a protected class under state or federal law, (b) No officer or employee of the City shall engage in any political activities in violation of Chapter 9.5 of Division 4 of Title 1 of the California Government Code (commencing with Section 3201) as the same exists on the date of adoption of this section or as the same may be thereafter amended, or in violation of any other provisions of applicable law. (c) No officer or employee of the City and no candidate for any City office shall, directly or indirectly, solicit any assessment, subscription, or contribution, whether voluntary or involuntary, for any political candidate, for Santa Ana municipal office from anyone on an eligible list, or, with the exception of elective officers and members of appointive boards and commissions, anyone holding a position in the service of the City. (d) No person shall willfully or through culpable negligence make any false statement, certificate, mark, rating, or report in regard to any application, test certification, or appointment held or made under the provisions of this article or in any manner commit or attempt any fraud preventing the impartial execution of such provisions of this article or of the rules and regulations made hereunder. (e) No officer or employee shall use nepotism in contracting, hiring, romotion discilphne or any other employment decision The City Council shalt adopt an anti -nepotism policy. City Council 1 — 109 12/13/2022 Sec. 1011. -Contra ct far performance of ad min istrative functions. The City Council, upon recommendation of the City Manager, may contract with the governing body of any other City or of any county within this state, or with any state department or other state agency for the preparing or conducting of competitive examinations for positions in the service of the City or for the performance of any other human resources perseeaeladministration service. City Council 1 —110 12/13/2022 Sec. 1014.—Reserved.l"s City Council 1 —111 12/13/2022 Sec. 1208. - Enforcement. 4a) Any person who knowingly or willfully violates sections 1206 or 1207 of this charter is guilty of a misdemeanor. (b) Any resident of the City may bring an action, at a time during an election period or thereafter, in a court of competent jurisdiction to enjoin actual or threatened violations of, or to compel compliance with, or to obtain a judicial declaration regarding compliance with, section 1206 or 1207. (c) The City Attorney may maintain, in the name of the City, or a resident of the City may maintain, in his or her own name, a civil action to recover from a candidate or a committee controlled by a candidate any contributions received by such candidate or committee in excess of the contribution limitations established by section 1206. Any money recovered in any such action shall be deposited in the City's general fund. (d) The City may contract with a State or County entity to enforce the provisions of this section. City Council 1 —112 12/13/2022 Sec. 1400. - Employees' retirement system. (a) Duty to provide retirement system. Except as hereinafter otherwise provided, the council shall provide, by ordinance or ordinances, for the creation, establishment and maintenance of a retirement plan or plans for all officers and employees of the City. Such plan or plans need not be the same for all officers and employees. Subject to other provisions of this article, the council may at any time, or from time to time, amend or otherwise change any retirement plan or plans or adopt or establish anew or di tTerent plan or plans for all or any officers or employees. (b) aulfroripv to join other systems. Subject to other provisions of this article, the City, by and Through its council, is hereby empowered, but not required, to join or continue as a contracting agency in any retirement or pension system or systems existing or hereafter created under the laws of the State of California or of the United States of America to which municipalities and municipal officers or employees are eligible for membership. (c) Conlowance ofexisting retirement system. Until othcntiose provided by ordinance, the City shall continue to participate in the Public Employees' Retirement System ofthe State of Califomia, as the same now exists or may hereafter be amended. Tlue City Council may not terminate any such contract with the Public Employees' Retirement System of the State of California, and may not amend any such contract in a manner which would decrease or eliminate any benefit accruing to persons employed by the City at the time of such contract termination or amendment, unless such amendment shall substitute a retirement system or systems providing equal or greater benefits for said persons. (d) Exclusions. The council in its discretion may exclude all or any of the following persons from any or all retirement plans, to wit: Persons mentioned in subsections i a)(1)- (5)-(10) {4) of Charter Section 1002. (aA, 4. (6), (7),(Q)ro (10), (1 1) and (1 ) o, ection loin of this chart r; Persons in City service primarily for training, study or educational purposes; Persons employed or paid on a part-time, per diem, per hour or any basis other than a monthly basis_ City Council 1 —113 12/13/2022 City Council 1 —114 12/13/2022 Clerk of the Council Office www.santa-ana.org/clerk-of-the-council/ Item # 2 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 13, 2022 TOPIC: Election of Mayor Pro Tern for 2023 AGENDA TITLE: Election of Mayor Pro Tern for 2023 RECOMMENDED ACTION It is recommended that: 1. The Mayor calls for nominations for Mayor Pro Tern Position. 2. The Mayor closes nominations for position. 3. The Mayor declares the result of the election. DISCUSSION Pursuant to Santa Ana Charter Section 405 and Municipal Code Section 2-101, the newly elected City Council shall elect a Mayor Pro Tern who shall act as Mayor during the absence from the City or disability of the Mayor, or during and vacancy in the Office of Mayor until otherwise filled in accordance with Section 403 of the Santa Ana Charter. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. Submitted By: Norma Orozco, Acting Assistant Clerk of the Council Approved By: Kristine Ridge, City Manager City Council 2-1 12/13/2022