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Home My WebLink AboutNS-3077 - Prohibition Against Awarding of Agreement, Contracts or Grants to Immediate Family MembersORDINANCE NO. NS-3077 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE BY ADDING A NEW SECTION 2-112 CONCERNING THE PROHIBITION AGAINST AWARDING OF AGREEMENTS, CONTRACTS OR GRANTS TO IMMEDIATE FAMILY MEMBER OF THE MAYOR, CITY COUNCIL MEMBERS, OR CITY OFFICIALS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. Chapter 2 of the Santa Ana Municipal Code is hereby amended by adding a new section, Section 2-112 to read as follows: "Sec. 2-112. — Prohibition Against Awarding Agreements, Contracts or Grants to Immediate Family Members of Mayor, Council Members, or City Officials A. The City, and any person authorized to act on behalf of the City, is prohibited from awarding any agreement, contract, grant, or any amendment(s) to said awards, for the purpose or receipt of any financial benefit or interest, to: (1) an immediate family member of the Mayor, Council Member, or City officials, including appointed board and commission members, as defined under Article IV — Officers, Departments, Boards, and Commissions (Sec. 2-300 to 2-699) or (2) any former full-time employee for one year from the date of the employee's separation from the City, except for any CaIPERS retiree for which the City Council adopts the required resolution. B. For purposes of this section 2-112, the term immediate family member shall include, but is not limited to, spouse, domestic partner, romantic cohabitant, child, stepchild, grandchild, step grandchild, parent, stepparent, mother-in-law, father- in-law, son-in-law, daughter-in-law, grandparent, great grandparent, brother, sister, half-brother, half-sister, stepsibling, brother-in-law, and sister-in-law. C. For purposes of this section 2-112, the term financial benefit or interest shall include any direct or indirect financial interest in the specific contract, agreement, or grant, including any commissions, fees, share of the proceeds, prospect of a promotion or future employment, a profit, or any other form of financial award. D. The City shall incorporate into all agreements, contracts, or grants, a non - collusion provision reflecting the prohibitions detailed in Section 2-112 herein, including the requirement that any awarded Vendor, Contractor, Entity, or Grantee shall also comply with Section 2-112, and such compliance shall also involve the Ordinance No. NS-3077 9 of 4 awarding of any subcontract for the purchase of goods or services with any funds stemming from the contract, agreement, or grant." Section 2. 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 City Council of the City of Santa Ana hereby declares that it 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. ADOPTED this 4th day of March, 2025. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Laura A. Rossini Chief Assistant City Attorney AYES: Councilmembers Amezcua Bacerra Hernandez Lopez, Penaloza, Vazquez (6) NOES: Councilmembers None 0 ABSTAIN: Councilmembers None 0 ABSENT: Councilmembers Phan 1 Ordinance No. NS-3077 2 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Ordinance No. NS-3077 to be the original ordinance adopted by the City Council of the City of Santa Ana on March 4, 2025. Date: Ordinance No. NS-3077 3 of 4 THIS PAGE LEFT INTENTIONALLY BLANK Ordinance No. NS-3077 4 of 4 ORANGE COUNTY REPORTER -SINCE 1921 - 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 ABIGAIL ALCALA CITY OF SANTA ANA/CITY CLERK 20 CIVIC CENTER PLAZA M-30 SANTA ANA, CA - 92701 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California ) County of ORANGE ) ss Notice Type: ORD - ORDINANCE PUBLICATION Ad Description: 1st Reading Summary Notice - NS-3077 I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of ORANGE, State of California, under date 06/20/1922, Case No. 13421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 02/10/2025 Executed on: 02/10/2025 At Los Angeles, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature This space for filing stamp only OR#: 3894755 NOTICE OF SECOND READING OF PROPOSED ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, CA. The City of Santa Ana encourages the public to participate in the decision - making process. The following notice is being provided so that you can ask questions, make comments, and stay informed about changes in land use, fees, or other projects that might be important to you. We encourage you to contact us if you have any questions. NOTICE IS HEREBY GIVEN - The City Council of the City of Santa Ana will consider adopting an ordinance. The title of the ordinance is as follows: ORDINANCE NO. NS-3077 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDNG CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE BY ADDING A NEW SECTION 2-112 CONCERNING THE PROHIBITION AGAINST AWARDING OF AGREEMENTS, CONTRACTS OR GRANTS TO ANY IMMEDIATE FAMILY MEMBER OF THE MAYOR, CITY COUNCIL MEMBERS, OR CITY OFFICIALS Meeting Time and Date: This matter will be heard on the Consent Calendar on Tuesday, February 18, 2025 at 5:30 p.m. or thereafter in the City Council Chamber, 22 Civic Center Plaza, Santa Ana, California 92701. All interested persons can refer to the following link for more information and instructions for participating in the meeting: www.santa- ana.org/agendas-and-minutes. How To Make Comments: If you are unable to participate in the meeting, you may send written comments by email to eComment@santa-ana.org (reference the Agenda # in the subject line) or mail to Jennifer L. Hall, City Clerk, City of Santa Ana, 20 Civic Center Plaza — M30, Santa Ana, CA 92701. All written communications received two hours prior to the scheduled start time 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. Who To Contact For Questions - Should you have any questions, please contact the City Clerk's Office at 714-647-6520 during regular business hours. Where To Get More Information: All staff reports regarding any item on this agenda are available for public inspection in the City Clerk's Office during regular business hours and posted on the City's website at least 72 hours before a Council meeting at: www.santa-ana.org/agendas-and- minutes. Ordinance Second Reading Adoption Process - Ordinances become effective 30 days after second reading by the City Council. Most ordinances are codified into the Santa Ana Municipal Code and become city laws. Si tiene preguntas en Espanol, favor de Ilamar al (714) 647-6520. Neu can lien lac bang tieng Vidt, xin didn thoai cho kristie Ha s6 (714) 667- 2206. Jennifer L. Hall, CMC City Clerk DATED: February 6, 2025 PUBLISHED: Orange County Reporter - Legal Section 2/10/25 OR-3894755# Email ORANGE COUNTY REPORTER -SINCE 1921 - 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 ABIGAIL ALCALA CITY OF SANTA ANA/CITY CLERK 20 CIVIC CENTER PLAZA M-30 SANTA ANA, CA - 92701 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California ) County of ORANGE ) ss Notice Type: ORD - ORDINANCE PUBLICATION Ad Description: 1st Reading Summary Notice - NS-3077 I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of ORANGE, State of California, under date 06/20/1922, Case No. 13421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 02/28/2025 Executed on: 02/28/2025 At Los Angeles, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature This space for filing stamp only OR#: 3900238 NOTICE OF SECOND READING OF PROPOSED ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, CA. The City of Santa Ana encourages the public to participate in the decision - making process. The following notice is being provided so that you can ask questions, make comments, and stay informed about changes in land use, fees, or other projects that might be important to you. We encourage you to contact us if you have any questions. NOTICE IS HEREBY GIVEN - The City Council of the City of Santa Ana will consider adopting an ordinance. The title of the ordinance is as follows: ORDINANCE NO. NS-3077 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDNG CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE BY ADDING A NEW SECTION 2-112 CONCERNING THE PROHIBITION AGAINST AWARDING OF AGREEMENTS, CONTRACTS OR GRANTS TO ANY IMMEDIATE FAMILY MEMBER OF THE MAYOR, CITY COUNCIL MEMBERS, OR CITY OFFICIALS Meeting Time and Date: This matter will be heard on the Consent Calendar on Tuesday, March 4, 2025 at 5:30 p.m. or thereafter in the City Council Chamber, 22 Civic Center Plaza, Santa Ana, California 92701. All interested persons can refer to the following link for more information and instructions for participating in the meeting: www.santa-ana.org/agendas- and-minutes. How To Make Comments: If you are unable to participate in the meeting, you may send written comments by email to eComment@santa-ana.org (reference the Agenda # in the subject line) or mail to Jennifer L. Hall, City Clerk, City of Santa Ana, 20 Civic Center Plaza — M30, Santa Ana, CA 92701. All written communications received two hours prior to the scheduled start time 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. Who To Contact For Questions - Should you have any questions, please contact the City Clerk's Office at 714-647-6520 during regular business hours. Where To Get More Information: All staff reports regarding any item on this agenda are available for public inspection in the City Clerk's Office during regular business hours and posted on the City's website at least 72 hours before a Council meeting at: www.santa-ana.org/agendas-and- minutes. Ordinance Second Reading Adoption Process - Ordinances become effective 30 days after second reading by the City Council. Most ordinances are codified into the Santa Ana Municipal Code and become city laws. Si tiene preguntas en Espanol, favor de Ilamar al (714) 647-6520. Neu can lien lac bang tieng Vidt, xin didn thoai cho kristie Ha s6 (714) 667- 2206. Jennifer L. Hall, CMC City Clerk DATED: February 25, 2025 PUBLISHED: Orange County Reporter - Legal Section 2/28/25 OR-3900238# Email ORANGE COUNTY REPORTER —SINCE 1921 — 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 ABIGAIL ALCALA CITY OF SANTA ANA/CITY CLERK 20 CIVIC CENTER PLAZA M-30 SANTA ANA, CA - 92701 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California ) County of ORANGE ) ss Notice Type: ORD - ORDINANCE PUBLICATION Ad Description: 2nd Reading Summary Notice - NS-3077 I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of ORANGE, State of California, under date 06/20/1922, Case No. 13421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 03/10/2025 Executed on: 03/10/2025 At Los Angeles, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature This space for filing stamp only OR#: 3903856 NOTICE OF PUBLICATION BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, CA. ADOPTED ORDINANCE NO. NS-3077 SUMMARY NOTICE IS HEREBY GIVEN - on Tuesday, March 4, 2025, the City Council of the City of Santa Ana duly passed and adopted an Ordinance entitled: ORDINANCE NO. NS-3077 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDNG CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE BY ADDING A NEW SECTION 2-112 CONCERNING THE PROHIBITION AGAINST AWARDING OF AGREEMENTS, CONTRACTS OR GRANTS TO ANY IMMEDIATE FAMILY MEMBER OF THE MAYOR, CTY COUNCIL MEMBERS, OR CITY OFFICIALS This ordinance added Section 2-112, to Chapter 2 of the Santa Ana Municipal Code and prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to an immediate family member of the Mayor, City Council, or City Officials, including appointed board and commission members. The ordinance also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for a one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution. The ordinance defines which persons are "immediate family member(s)" subject to this Ordinance and provides the forms of "financial benefit" subject to the prohibitions detailed under the Ordinance. The ordinance requires the incorporation of a non -collusion provision into all agreements, contracts, or grants reflecting the prohibitions in Section 2-112 and requiring any awarded Vendor, Contractor, Entity, or Grantee comply with Section 2-112 including any subcontracts for the purchase of goods or services with funds stemming from the contract, agreement, or grant. I, Jennifer L. Hall, City Clerk of the City of Santa Ana, do hereby certify that the City Council introduced and conducted first reading of the ordinance on February 18, 2025. The City Council at its Regular Meeting on March 4, 2025, conducted second reading, passed, and adopted Ordinance No. NS-3077, as listed above with the following roll call to wit: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCLMEMBER PENALOZA, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: COUNCILMEMBER PHAN Motion carried, 6-0-0-1. The above summary is a brief description of the subject matter contained in the text of Ordinance No. NS-3077, which has been prepared pursuant to Government Code Section 36933(c)(1). This summary does not include or describe every provision of the ordinance and should not be relied on as a substitute for the full text of the ordinance. To obtain a copy of the full text of the ordinance, please contact the City Clerk's Office, (714) 647-6520 or cityclerk@santa-ana.org, between 8:00 A.M. and 5:00 P.M., Monday through Thursday and alternating Fridays. There is no charge for the copy. Si tiene preguntas en Espanol, favor de Ilamar al (714) 647-6520. Neu can lien lac bang tieng Viet, xin dien thoai cho Kristie Ha so (714) 667-2206. /S/ Jennifer L. Hall, CMC City Clerk DATED: March 6, 2025 PUBLISHED: Orange County Reporter — Legal Section 3/10/25 OR-3903856# Email