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Item # 36
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 19, 2022
TOPIC: Proposed Voter Ballot Measure(s) for the November 8, 2022 General Municipal
Election to Amend the City Charter
AGENDA TITLE:
Discuss and Provide Direction Regarding One or More Proposed Voter Ballot Measures
to Amend the City Charter as Recommended by the Charter Review Ad Hoc Committee
RECOMMENDED ACTION
Discuss and provide direction regarding one or more proposed voter ballot measures for
the November 8, 2022 General Municipal Election to amend the City Charter, as
recommended by the Charter Review Ad Hoc Committee, as follows: to clarify when the
term of mayor or councilmember is to begin; consolidate term limit provisions into one
section; expand the applicability of the code of Ethics and Conduct and prescribe a
procedure to report allegations of violation; clarify when the City Council may be the
judge of elections; clarify the process for the adoption of resolutions and ordinances;
streamline the process for claims and payments; update Civil Service provisions to be
consistent with state and applicable laws; update anti-discrimination provisions to be
consistent with federal and applicable laws; require the City to adopt a nepotism policy;
change the name of a City department; eliminate work stoppage provisions to be
consistent with state and applicable laws; allow enforcement of campaign contribution
and campaign committee provisions by a state or county entity; replace gender-specific
pronouns with gender-inclusive pronouns; change the title of a City official; adjust the
Mayor’s term from four two-year terms to two four-year terms; impose a lifetime ban
relating to the term of Mayor and member of the City Council by removing the eight-year
cooling-off provision; increase the salary of the Mayor and members of the City
Council; and change the voting approval requirements to require a two-thirds vote of the
City Council to adopt the City budget.
DISCUSSION
At the April 5, 2022 City Council meeting, staff presented 16 proposed Charter
amendments for the November 8, 2022 General Municipal Election, as recommended by
the Charter Review Ad Hoc Committee, to the City Council. The City Council concurred
with the Charter Review Ad Hoc Committee’s recommendation and directed staff to
prepare the necessary documents required to prepare voter ballot measures for these 16
proposed amendments. At this same meeting, members of the City Council introduced
Proposed Ballot Measure(s) for the November 8, 2022 General Municipal Election to
Amend the City Charter
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the following four topics: term limits for the Mayor and members of the City Council; a
lifetime ban that would limit the Mayor and members of the City Council once they have
reached their term limits; increasing the compensation of the Mayor and members of the
City Council; and changing the voting requirement to approve the City budget.
On June 29, 2022, members of the Charter Review Ad Hoc Committee met to discuss in
detail the following four topics: revising the term of Mayor from four two-year terms to two
four-year terms, beginning in 2024; limiting the term of the Mayor and members of the
City Council so that once they have reached their term limits they would no longer be
eligible to serve (and removing the eight-year cooling off period), either (1) increasing the
compensation of the Mayor and members of the City Council so that the Mayor’s salary
would equal 66 percent the salary of a Superior Court judge of the State of California and
the councilmembers’ salary would equal 66 percent of the Mayor’s salary or (2) providing
for increases to their salaries according to the change in the Consumer Price Index for All
Urban Consumers; and changing the voting requirement to approve the City budget from
a majority of the City Council to a two-thirds vote of the City Council.
These proposed Charter amendments, as recommended by the Charter Review Ad Hoc
Committee, are summarized below.
Summary of Proposed Charter Amendments
Section 400: Number, Selection and Term of Members
The current Charter states that the term of each councilmember, including the mayor,
shall begin at 6:00 p.m. on the second Tuesday of December following certification of
election results. This amendment clarifies that term of each councilmember, including the
mayor, shall begin at 6:00 p.m. on the first regularly scheduled City Council meeting or at
a special City Council meeting following certification of election results.
Section 401.01: Term Limits (new section)
This amendment removes term limit provisions for the mayor and councilmember, from
Sections 404 and 401, respectively, and restates those term limit provisions in their
entirety into a new Section 401.01 of the Charter. The purpose of this amendment is to
reorganize all provisions relating to term limits into one new section.
Section 401.05: Code of Ethics and Conduct (new section)
The current Charter states that the City shall adopt a Code of Ethics and Conduct for
elected officials and members of appointed boards, commissions, and committees to
assure public confidence in the integrity of the City. This amendment expands the
applicability of the Code of Ethics and Conduct to include elected officials, the City
Attorney, City Manager, Clerk of Council, Police Chief, and directors of all City
departments. Furthermore, this amendment prescribes a process for documenting
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alleged violations of the Code of Ethics and Conduct in writing to the City Council, as well
as a procedure for the City Council to review such alleged allegations.
Section 405: Mayor Pro Tem
The current Charter provides that at the first City Council meeting following any general
or special election when councilmembers, including the mayor, are elected, the City
Council shall elect a mayor pro tem. This amendment clarifies that the election of the
mayor pro tem shall occur each calendar year at the first City Council meeting in January.
Furthermore, this amendment clarifies that the mayor pro tem from the previous year
cannot be elected as mayor pro tem for the following year, and that the mayor pro tem
may be replaced by the affirmative votes of four members of the City Council.
Section 406: Council Judge of Elections and Qualifications of Members
This section declares that the City Council shall be the judge of the election and of the
qualifications of its member(s) as defined in Section 401, and shall meet on the first
regularly scheduled City Council meeting following certification of election results to
declare such election results and install members. This amendment provides that the City
Council may also meet at a special City Council meeting to do the same.
Section 413: Adoption (Ordinances)
The current Charter provides a procedure for the adoption of ordinances. This
amendments adds resolutions as part of this procedure, as well as clarifies the following:
that ordinances may not be amended after the first reading, and that if an ordinance is
amended after the first reading, that it must be re-introduced to be consistent with state
law; that a resolution or ordinance must be signed as soon as possible, but no later than
72 hours following its adoption; and that if the mayor does not sign a resolution or
ordinance, that the mayor pro tem or any councilmember who voted to approve such
ordinance or resolution may sign instead.
Section 613: Claims— Formalities; Treasury Warrants
The process for claims as prescribed in the Charter is outdated. This amendment revises
this process to streamline the claims and payment process.
Section 1000: Civil Service System
This amendment revises the equal opportunity provisions to clarify that civil service rules
and regulations shall provide for such matters as the City Council and Personnel Board
may deem necessary, and clarifies that these matters shall be determined with
concurrence of the City Council.
Section 1002: Civil Service and Excepted Service
This amendment provides administrative clean-up revisions to ensure compliance with
CalPERS rules and other applicable laws and regulations.
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Section 1010: Prohibitions
This amendments updates the Charter’s anti-discrimination provisions, as well as
requires that the City Council adopt an anti-nepotism policy.
Section 1011: Contract for Performance of Administrative Functions
In 2018, the City Council adopted a resolution changing the name of the Personnel
Services Agency to the Human Resources department. To be consistent with these
organizational changes, this amendment replaces the word “personnel” to “human
resources”.
Section 1014: Work Stoppages
Removes this section in its entirety to be consistent with state law and other applicable
laws and regulations.
Section 1208: Enforcement
Section 1206 prescribes rules relating to campaign contribution limits for candidates for
mayor or councilmember. Section 1207 prescribes rules relating to campaign committees
and bank accounts. Section 1208 provides enforcement provisions relating to Sections
1206 and 1207. This amendment allows that the City to contract with a state or county
entity to enforce such provisions.
Section 1400: Employees’ Retirement System
This amendment revises the in-text references to Section 1002 to be consistent with the
proposed revisions in Section 1002 relating to Civil Service.
Gender Pronouns (various sections)
Throughout the current Charter, references to City officials use gender-specific pronouns
such as he/his/him or his or her. This amendment replaces gender-specific pronouns with
they/them to be more inclusive. This change aligns with the contemporary use of
pronouns relating to gender.
Clerk of the Council Title (various sections)
The Clerk of the Council intends to replace the title "clerk of the council" with "city clerk"
to modernize and better identify this position.
Section 401: City Council Compensation
The Charter currently provides that the salaries of the Mayor and members of the City
Council shall be established by the city council compensation formula provided for by
California Government Code Section 36516. This compensation formula established the
compensation of the Mayor and members of the City Council according to the population
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size of the City. Currently, the salary of the Mayor and members of the City Council is
$1,000 monthly. Additionally, the Charter provides that no increase in compensation for
the Mayor and members of the City Council shall be permitted without a vote of the
electorate of the City of Santa Ana pursuant to a future Charter amendment.
At the June 29, 2022 Charter Review Ad Hoc Committee meeting, the members
discussed two options relating to amending this section to increase the compensation of
the Mayor and members of the City Council as follows: (1) increasing the compensation
of the Mayor and members of the City Council so that the Mayor’s salary would equal 66
percent the salary of a Superior Court judge of the State of California and the
councilmembers’ salary would equal 66 percent of the Mayor’s salary; or (2) providing for
increases that are commensurate with the Consumer Price Index for All Urban
Consumers (“CPI-U”) for the Los Angeles, Riverside, Orange County, CA area.
According to the California State Controller’s website, a Superior Court Judge’s maximum
base salary is $214,601. Sixty-six percent of this amount is $141,636.66, and 66 percent
of that amount is 93,480.20.
The Consumer Price Index is a measure of the average change over time in the prices
paid by urban consumers for a market basket of consumer goods and services. CPI will
vary, depending upon the time period that is being reviewed.
Section 607: Budget Adoption
This amendment would change the voting requirement to approve the City budget from a
majority of the City Council to a two-thirds vote of the City Council. This change would be
consistent Section 609 relating to the two-thirds voting requirement to appropriate City
funds.
Sections 400, 401, 404, or Proposed New Section 401.01)
The Charter Review Ad Hoc Committee directed staff to prepare a proposed Charter
amendment to do the following: (1) adjust the Mayor’s term from four two-year terms to
two four-year terms (section 404); (2) impose a “lifetime ban” by removing the eight-year
cooling-off provision (sections 401 and 404); and (3) tying the beginning of the term of
Mayor to 2024 to coincide with the presidential election (section 404).
The full text of each of the Charter amendments is attached to this staff report as Exhibit
1.
Next Steps
At this time, staff is seeking direction from the City Council to identify which, if any,
proposed Charter amendments to move forward for the November 8, 2022 General
Municipal Election. Each proposed Charter amendment would need to be prepared as a
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single voter ballot measure. The Clerk of the Council estimates that each voter ballot
measure costs $100,000.
At the direction of the City Council, staff will return to the City Council at the August 2,
2022 City Council meeting with a resolution calling for the placement on the November 8,
2022 General Municipal Election ballot of one or more measures to amend the City
Charter, along with the necessary items to request that the County of Orange Board of
Supervisors consolidate the City’s General Municipal Election with the Statewide General
Election, authorize the filing of arguments and rebuttals (and designating up to five
councilmembers to author an Argument or Rebuttal statement), direct the City Attorney
to prepare an Impartial Analysis, and direct the Clerk of the Council to publish legal
notices as required by law. Included in this staff report is a sample resolution that would
be presented to the City Council on August 2, 2022 (Exhibit 2).
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. Draft Charter Amendments
2. Draft Resolution (for discussion only)
Submitted By: Kristine Ridge, City Manager
Approved By: Kristine Ridge, City Manager
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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 December
following certification of election results, and each shall serve except as otherwise
provided for in this charter, until the member’s his or her 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.
#43192v1
Section 401.05
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 adopt the
Code of Ethics and Conduct and make any amendments by ordinance or resolution
within six months of the effective date of this Charter section.
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 City
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 futher 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.
#43193v1
Sec. 405. - Mayor pro tem.
Each calendar year, at the In the first meeting in January, of the City Council following any general or
special election at which members of the City Council are elected, 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
City 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.
#43192v1
Sec. 406. - Council judge of elections and qualifications of members.
The City Council shall be the judge of the election and qualifications of its member(s) 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.
#43193v1
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 introduction and the time of its second reading final passage,
except for clerical errors or corrections as discussed by the Council providing its general scope and
original purpose are retained. 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 Councill shall first ask the mayor
pro tem to sign and then any Councilmember who voted to approve the ordinance or resolution.
#43197v1
Sec. 613. - Claims—Formalities; treasury payment warrants.
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 format, or
forms, on in which claims against the City shall be presented. to him . Each such claim shall be presented
to the director of finance department. The director of finance shall prescribe internal controls for
examination and audit of each claim, who shall examine and audit it. 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 shall so certify on the original form evidencing
the claim and shall authorize payment from draw 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 him 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,warrant the number, date, and amount of the payment warrant 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
warrant on the treasury in payment thereof. 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 in payment thereof.
Payment dueWarrants on the City treasury which are not paid for lack of funds shall be registered.
All registered payments warrants 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.
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, race, religion, creed, marital status, physical
handicap, or national origin.
(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.
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 his assistants, if any;
(3) The City Attorney and the City Attorney’s his legal assistants, if any;
(4) The Clerk of the Council;
(5) The director of finance;
(6) The director of personnel, if any;
(57) The head of each department of the City as specified by ordinance or resolution not
otherwise specified herein, and the chief administrative officer of the community
redevelopment agency of the City of Santa Ana, and of the housing authority of the City of
Santa Ana, but not including the police chief or the fire chief;
(68) One private secretary to the City Manager;
(79) All members of boards and commissions;
(810) Positions occupied by persons employed to render professional, scientific, technical, or
expert service of an occasional and exceptional nature;
(911) Positions in any class or grade created for a special or temporary purpose;, and which
are to exist for a period of not longer than ninety (90) days;
(12) Positions of any class or grade exempted from the civil service for a maximum of six (6)
months in any calendar year provided that the personnel board upon application of the City
Manager and after public notice and hearings recommends to the City Council such
exemption and the City Council grants such exemption by motion adopted by two-thirds (
2/3) of its members. Any such exemption shall not affect the tenure of any person whose
appointment has become final under civil service;
(103) Part-time positions or employments; requiring less than twenty (20) regular hours of
employment per week;
(14) School crossing guards;
(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
(12) months of the employee’s appointment to the excepted service, the employee shall revert to
the employee’s his 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.
Formatted: Normal
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 or her race, age,
color, religion, sex or national origin. 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, promotion, discipline or any other
employment decision. The City Council shall adopt an anti-nepotism policy.
Sec. 1011. - Contract for performance of administrative 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 personnel administration service.
Sec. 1014. -– Reserved. Work stoppages.
Any officer or employee of the City who engages in any strike, sickout, or other partial or total stoppage
of work shall be summarily subject to suspension, demotion or dismissal by the appointing authority
without right of appeal to the personnel board.
#43192v1
Sec. 1208. - Enforcement.
(a) 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, 1206.01 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 of County entity to enforce the provisions of
this Section.
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 a new or different plan or
plans for all or any officers or employees.
(b) Authority 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) Continuance of existing retirement system. Until otherwise provided by ordinance, the City shall
continue to participate in the Public Employees' Retirement System of the State of California, as the same
now exists or may hereafter be amended. The 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 (a)(1), (5)-(10) (b) of Charter Section 1002. [(a)](1),
(6), (7), (8), (9), (10), (11) and (13) of section 1002 of this charter;
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.
Draft Charter Amendments (2022)
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. Beginning with the term for the mayor elected in
the general municipal election in November 2024, the mayor shall serve a term of
four (4) years. The term of each member shall begin at 6:00 p.m. on the second
Tuesday of December following certification of election results, and each shall
serve except as otherwise provided for in this charter, until his or her 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.
Sec. 401. Qualifications 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.
A person who has served three (3) consecutive terms of four (4) years each
shall be eligible for appointment, nomination for or election to the office of
councilmember (regardless of wards represented by that person during such
period) no sooner than for a term beginning eight (8) years after completion of that
councilmember's third consecutive full term.
Draft Charter Amendments (2022)
Short or partial terms shall not be considered in determining eligibility for
appointment, nomination or election. For purposes of this Charter, short or partial
terms shall only be those where the councilmember was elected or appointed to
replace another councilmember who left office before the latter official's term
expired. Any 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; provided, however that any person who has served twenty (20) consecutive
years in office, as both a council member and mayor, regardless of the order in
which they served, shall not be eligible for appointment, nomination or election as
a council member or as mayor, no sooner than for a term beginning eight (8) years
after completion of the council member or mayoral term, or vice versa. The
provisions of this section related to short or partial terms is deemed to be
declaratory of existing law.
Sec. 401.01.- Term limits. (NEW SECTION)
A. Councilmembers
A person shall only serve three (3) terms of four (4) years each in the office
of councilmember (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 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 eligibility for
appointment, nomination or election. For purposes of this Charter, short or partial
terms shall only be those where the councilmember was elected or appointed to
replace another councilmember who left office before the latter official's term
expired. Any 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 two (2) terms of four (4) years each (regardless of
whether service is consecutive or nonconsecutive), commencing with the term
entered as a result of the November 2024 election, in the office of mayor.
Draft Charter Amendments (2022)
Short or partial terms shall not be considered in determining eligibility for
appointment nomination or election as mayor. For purposes of this Charter, short
or partial terms shall only be those where the mayor 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
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. Application of prior “cooling off period”
Anyone who previously termed out of office and was subject to the former
“cooling off period” shall be deemed ineligible to seek election as a
councilmember or mayor.
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. Beginning with the general municipal election in November 2024, 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 four-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
Draft Charter Amendments (2022)
is convicted of a crime involving moral turpitude, the office shall immediately
become vacant and be so declared by the city council.
A person who has served four (4) consecutive terms of two (2) years each,
commencing with the term entered as a result of the November 2012 election, shall
be eligible for appointment, nomination for or election to the office of mayor no
sooner than for a term beginning eight (8) years after completion of the mayor's
fourth consecutive full term. This eight year "cooling off" period shall not apply to
eligibility for appointment, nomination for or election to a council member office;
provided, however, that any person who has served twenty (20) consecutive years
in office, as both a council member and mayor, regardless of the order in which
they served, shall not be eligible for appointment, nomination or election as a
council member or as mayor, no sooner than for a term beginning eight (8) years
after completion of the council member or mayoral term.
Short or partial terms shall not be considered in determining eligibility for
appointment nomination or election as mayor. For purposes of this Charter, short
or partial terms shall only be those where the mayor 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
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.
Sec. 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. On or before the thirty-first (31st) day of July the City Council shall
adopt the budget with revisions, if any, by the affirmative votes of at least two-
thirds a majority of its members. Upon final adoption, the budget shall be in effect
for the ensuing fiscal year. Between the first (1st) 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.
Draft Charter Amendments (2022)
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.
Created: 2022‐06‐10 16:17:21 [EST]
(Supp. No. 27, Update 2)
Page 1 of 1
Sec. 402. Compensation of members.
Each member of the City Council and the Mayor shall receive as a monthly salary for his or her services, the
maximum amount allowed by the population formula set forth in California Government Code Section 36516 as of
November 8, 202216.
Salary increases for the City Council and the Mayor may be reviewed annually and increases shall be
considered commensurate with the Consumer Price Index for All Urban Consumers (CPI‐U) for the Los Angeles‐
Riverside‐Orange County, CA area. Any increase to the salaries of the City Council and the Mayor shall become
effective only upon commencement of a new council term of office following adoption of an ordinance authorizing
the increase.
No increase in the monthly salary in excess of CPI shall occur without first being approved by the voters
pursuant to a Charter amendment. Further, each member of the City Council and Mayor shall receive
reimbursement for required travel and other expenses while on official business of the City as authorized and
approved by Resolution of the City Council.
In accordance with Section 36516 any amounts paid by City for retirement, health and welfare benefits shall
not be included for purposes of determining salary under this section, provided that the same benefits are
available and paid by the City for its executive employees.
Any amounts paid by the City to reimburse for actual and necessary expenses pursuant to a Council
Resolution shall not be included for purposes of determining salary.
Any member of the Council may waive any or all of the compensation permitted by this section.
Absence of the Mayor or a member of the City Council from all regular and special meetings of the City
Council during any calendar month shall render him or her ineligible to receive the monthly salary for such a
calendar month, unless such absence was approved by the City Council as expressed in its official minutes.
Sec. 402. Compensation of members.
Each member of the City Council and the Mayor shall receive as a monthly salary for his or
her services, the maximum amount allowed by the population formula set forth in California
Government Code Section 36516 as of November 8, 2016. No increase in the monthly salary
shall occur without first being approved by the voters pursuant to a Charter amendment.
The Mayor shall receive, for services, an annual salary equivalent to 66 percent of the
salary of a Judge of the Superior Court of the State of California.
Each member of the City Council, excluding the Mayor, shall receive, for their services, an
annual salary equivalent to 66 percent of the salary of the Mayor.
Any increase to the salaries of the City Council and the Mayor may be reviewed annually
and shall become effective only upon commencement of a new council term of office following
adoption of an ordinance authorizing the increase.
Further, each member of the City Council and Mayor shall receive reimbursement for
required travel and other expenses while on official business of the City as authorized and
approved by Resolution of the City Council.
In accordance with Section 36516 any amounts paid by City for retirement, health and
welfare benefits shall not be included for purposes of determining salary under this section,
provided that the same benefits are available and paid by the City for its executive employees.
Any amounts paid by the City to reimburse for actual and necessary expenses pursuant to
a Council Resolution shall not be included for purposes of determining salary.
Any member of the Council may waive any or all of the compensation permitted by this
section.
Absence of the Mayor or a member of the City Council from all regular and special
meetings of the City Council during any calendar month shall render him or her ineligible to
receive the monthly salary for such a calendar month, unless such absence was approved by
the City Council as expressed in its official minutes.
RESOLUTION NO. 2022-XXX
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
AMENDMENTS 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.
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 amendments to the City
Charter shall be submitted to the voters at the General Municipal Election to be held on
Tuesday, November 8, 2022.
Section 3. The ballot question for the proposed Charter amendments shall be as
follows, with identification as determined in accordance with the California Elections
Code:
MEASURE #___
Add ballot measure question here
Yes
No Informational Item: For Discussion Purposes Only
MEASURE #___
Add ballot measure question here
Yes
No
Section 3. Should said measure(s) be approved by the requisite vote of a majority
of the qualified voters, the Charter amendments set forth in the attached Exhibit “A’ would
be adopted.
Section 5. 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 6. 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.
Section 7. 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:
1. 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 8. 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 9. 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 10. 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 11. This Resolution shall take effect immediately upon its adoption by a
majority of the City Council.
Section 12. The Clerk of Council of the City of Santa Ana is hereby directed to
certify to the passage and adoption of this Resolution and to file a certified copy of this
Resolution with the Board of Supervisors of Orange County and the Registrar of Voters
of Orange County at least eighty-eight (88) days before the date of the election.
ADOPTED this ____ day of _____, 2022:
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2022 -XXX to be the original resolution adopted by the City Council of
the City of Santa Ana on _____________________, 2022.
Date:
Clerk of the Council
City of Santa Ana