HomeMy WebLinkAbout50B - 2006 SPECIAL MUNICIPAL ELECTION
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
REQUEST FOR
COUNCIL ACTION
JUNE 19, 2006
TITLE:
APPROVED
NOVEMBER 7, 2006 SPECIAL MUNICPAL
ELECTION FOR THE SUBMISSION TO THE
VOTERS QUESTIONS RELATING TO
CHANGES IN THE CITY CHARTER
p~~
CITY MANAGER
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
1. Adopt ordinance ordering, calling, and giving notice of a Special
Municipal Election to be consolidated with the City's General
Municipal Election and held in the City of Santa Ana on November 7,
2006 for the submission of questions to the voters relating to changes
in the City's Charter.
2. Adopt ordinances implementing proposed charter amendments, as follows:
a. An ordinance of the City Council of the City of
Santa Ana amending section 2-101 of the Santa
Ana Municipal Code relating to Council
organization;
b. An ordinance of the City Council of the City of
Santa Ana adding section 2-110 to the Santa Ana
Municipal Code, relating to council member
salaries; and
c. An ordinance of the City Council of the City of
Santa Ana amending Chapter 2, Article 8 Of the
Santa Ana Municipal Code, relating to City
Manager's authority to enter contracts.
3. Adopt resolution requesting the Board of Supervisors of Orange County
to consolidate the Special Municipal Election of the City of Santa Ana
with the City and State's General Election.
4. Adopt resolution authorizing Councilmembers to file written arguments
for or against the various proposed charter amendments.
5. Direct the Clerk of the Council to prepare guidelines for preparation
of arguments for/against the proposed charter amendments, fix August
1, 2006 as the date for the submission of arguments, and post the
notice for the argument process in accordance with the provisions of
the California State Elections Code.
508-1
November 7, 2006 Special Municipal Election
June 19, 2006
Page 2 of 4
6. Direct the City Attorney to prepare an impartial analysis for each of
the charter amendments submitted to the voters.
7. Approve ballot question groupings and direct City
a ballot question resolution to be considered
second reading of ordinance calling election.
Attorney to prepare
in conj unction with
DISCUSSION
On May 2, 2005, the City Council created an Ad Hoc Committee on Charter
Review comprised of Mayor Pro Tem Bist, and Councilmembers Alvarez and
Garcia. The Ad Hoc Committee reviewed the current City Charter and made
several recommendations for changes to various sections in the charter.
On September 19, 2005, at the recommendation of the Ad Hoc Committee, the
City Council created the Charter Amendment Citizens' Task Force and
directed members to review and comment on the Ad Hoc Committee's
recommended amendments. The Task Force made several suggestions related
to the proposed changes and submitted the revised proposals to the Ad Hoc
Commi ttee for final consideration. The Ad Hoc Committee met on January
31, 2006 and approved proposed charter amendments. The Ad Hoc Committee
further recommended that the proposals be submitted to the voters at a
special election to be consolidated with the General Municipal Election
to be held on November 7, 2006.
Council work studies were held on April 3, April 17, May 1, and
2006 to discuss the various proposed charter amendments. On June
the Council directed staff to prepare an ordinance calling a
election for the purpose of submitting charter amendments to the
Staff recommends to format the changes for purposes of the
questions as follows:
· Charter Amendment XX - combine Section 400 (start date for term of
office), Section 413 (ordinance introduction) and Section 1200
(calling of elections) into one ballot measure
· Charter Amendment X - Section 402 (Council and Mayor salaries)
· Charter Amendment XX combine Sections 421 and 422 (contract
provisions) into one measure
· Charter Amendment XX - Section 401
period for councilmembers
· Charter Amendment XX - Section 404 (mayoral term limits)
· Charter Amendment XX - Section 901 (board/commission appointment
process)
· Charter Amendment XX - combine Section 901.1 (prohibition against
serving as treasurer, Section 910 (Planning Commission
responsibilities), Section 911 (prohibition against City
employment for Personnel Board members) and Section 912
(jurisdiction of Personnel Board)
June 5,
5, 2006
special
voters.
ballot
(eight year eligibility waiting
508-2
November 7, 2006 Special Municipal Election
June 19, 2006
Page 3 of 4
The City Attorney will then prepare a resolution with the ballot question
language to be considered at the July 3, 2006 meeting along with second
reading of the election ordinance.
In order to conduct an election for placing the above measures on the
ballot, State law requires the City Council to take an action calling for
a special municipal election. The subject ordinance establishes November
7, 2006 as the date for this election.
The ordinance calling for the special municipal election provides for the
submission of the various charter amendments and includes the text of the
proposed amendments to be adopted by the voters.
In addition to the proposed charter amendments, both the Ad Hoc Committee
on Charter Review and the Charter Amendment Citizens' Task Force
recommended that the Council adopt ordinances amending relevant sections
in the Municipal Code prior to placement of the charter amendments on the
ballot. This was recommended to make the voters aware of the Council's
intent, specifically with respect to establishing a monthly salary for
the Mayor and Councilmembers, and in setting monetary limits relating to
the City Manager's Authority to enter contracts. These implementing
ordinances all contain a provision stating that they shall become
effective only upon the approval of the respective charter amendments by
a majority of the voters of the City at the special election.
The implementing ordinance amending SAMC section 2-101 will refer to the
Charter to set the time at which the newly elected council will convene.
The implementing ordinance adding SAMC section 2-110, will set council
member salaries at a level that conforms to general law cities.
The implementing ordinance amending Chapter 2, Article 8 of the SAMC,
will increase the City Manager's authority to bind the City on anyone
contract from $10,000 to $25,000.
Pursuant to the provisions of the California Elections Code, the City
Council is required to formally request consolidation of the City's
general election and/or special election with the State's general
election. The subject resolution fulfills this requirement by requesting
that the Board of Supervisors of Orange County consolidate the special
municipal election of November 7, 2006 and authorizes the Board of
Supervisors to canvass the election returns.
California State Elections code Section 9281 provides that arguments for
and against any city measure may be submitted to the qualified voters of
the city. The Elections Code specifies that the legislative body, or any
member or members of the Legislative body authorized by that body, may
submit a written argument for or against the measure. This section
further authorizes any individual voter or bona fide association of
citizens to write arguments, however, the Elections Code specifies that
508-3
November 7, 2006 Special Municipal Election
June 19, 2006
Page 4 of 4
members of the Council would be given preference and priority, if
authorized by the City Council. The subject resolution would give that
authorization to any member of the Council desiring to submit an
argument. The resolution further authorizes any member of the Charter
Amendment Citizens' Task Force to submit arguments for or against any of
the measures, and gives Task Force members preference and priority second
only to that of members of the Council.
The procedures for filing ballot arguments are detailed in the Elections
Code. The Clerk of the Council is recommending that August 1, 2006 be
fixed as the date after which no arguments for or against any city
measure may be submitted for printing and distribution to the voters. The
Election Code procedures, as well as general guidelines for preparing
arguments will be provided in a notice prepared by the Clerk of the
Council and posted following final adoption of the election ordinance.
Whenever any city measure qualifies to be on a ballot, the City Council
may direct the City Attorney to prepare an impartial analysis of the
measure showing the effect of the measure on the existing law and the
operation of the measure (Elections Code s: 9280). The analysis is
printed in the Voter Information Pamphlet preceding the arguments for and
against the measure.
FISCAL IMPACT
The County Registrar of Voters office has estimated that the cost of
consolidating a special election for charter amendments with the State's
general election would be $5,000 per measure ($35,000 for the proposed
seven measures), based on current voter registration in the City. Funds
for these administrative costs will be available in the 2006-07 Fiscal
Year budget in the Clerk of the Council Other Agency Services
Account (Account no. 11-021-6251)
APPROVED AS TO FUNDS AND ACCOUNTS:
Patricia E. Healy
Clerk of the Council
u?~~ .
l~rancisco Gutierre~
~D Executive Director
Finance & Management Services Agency
~
508-4
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA CALLING FOR AND GIVING NOTICE OF
A SPECIAL MUNICIPAL ELECTION TO BE
CONSOLIDATED WITH THE GENERAL MUNICIPAL
ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON
NOVEMBER 7, 2006 FOR THE SUBMISSION TO THE
VOTERS OF QUESTIONS RELATING TO THE
AMENDMENT OF THE CITY CHARTER.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA
DOES ORDAIN AS FOLLOWS:
SECTION 1: By Ordinance No. NS- ,the City Council has declared
that a General Municipal Election shall be held on November 7, 2006 for the election of
municipal officers.
SECTION 2: Under provisions of the Charter of the City of Santa Ana and the
California Elections Code, a special election shall be held in conjunction with the
General Municipal Election to be held on November 7,2006 and the following proposed
amendments to the City Charter shall be submitted to the voters:
A. A proposal to amend Section 400 of the Charter to read as set forth in
Exhibit A, attached hereto and incorporated herein by this reference;
B. A. A proposal to amend Section 401 of the Charter to read as set
forth in Exhibit B, attached hereto and incorporated herein by this reference;
C. A proposal to amend Section 402 of the Charter to read as set forth in
Exhibit C, attached hereto and incorporated herein by this reference;
D. A proposal to amend Section 404 of the Charter to read as set forth in
Exhibit 0, attached hereto and incorporated herein by this reference;
E. A proposal to amend Section 413 of the Charter to read as set forth in
Exhibit E, attached hereto and incorporated herein by this reference;
F. A proposal to amend Sections 421 and 422 of the Charter to read as set
forth in Exhibit F, attached hereto and incorporated herein by this reference;
G. A proposal to amend Section 901 of the Charter to read as set forth in
Exhibit G, attached hereto and incorporated herein by this reference;
H. A proposal to amend Section 901.1 of the Charter to read as set forth in
Exhibit H, attached hereto and incorporated herein by this reference;
Ordinance No.
Page 1 of 18
508-5
I. A proposal to amend Section 910 of the Charter to read as set forth in
Exhibit I, attached hereto and incorporated herein by this reference;
J. A proposal to amend Section 911 of the Charter to read as set forth in
Exhibit J, attached hereto and incorporated herein by this reference;
K. A proposal to amend Section 912 of the Charter to read as set forth in
Exhibit K, attached hereto and incorporated herein by this reference;
L. A proposal to amend Section 1200 of the Charter to read as set forth in
Exhibit L, attached hereto and incorporated herein by this reference;
ADOPTED this
day of
,2006
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
AYES: Council members
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Ordinance No.
Page 2 of 18
508-6
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS=-- to be the original ordinance adopted by the City
Council of the City of Santa Ana on , and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
Ordinance No.
Page 3 of 18
508-7
Exhibit A
Sec. 400. Number, selection and terms of members.
The city council shall consist of seven (7) members elected at the times and in the
m3tter [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 follmving such
election, 3t the first rogul3rly scheduled meeting of the city councilat 6:00 pm on the
second Tuesdav 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 council member 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. Candidates for each office of councilmember other than the mayor shall be
nominated from such ward by the electors of such ward and candidates for mayor shall
be nominated by electors of the city, but all council members shall be elected by the vote
of the electors of the city at large.
Ordinance No.
Page 4 of 18
508-8
Exhibit B
Sec. 401. Qualifications of members.
To be eligible to be elected to the office of councilmember, a person must be a
rogisteredqualified voter and a thirty (30) day resident of the ward from which Rathe
candidate is nominated at the time nomination papers are issued to him as provided for
in Section 22812 of 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 Rathe councilmember (or, in the case of an appointee, ffisthe
councilmember's predecessor) was elected, or in the event the mayor shall cease to be
a resident of the city, ffisthe office shall immediately become vacant and shall be filled in
the same manner as herein provided for other vacancies; provided, that where a
council member ceases to be a resident of the ward from which Rathe councilmember
(or, in case of an appointee, ffis--the councilmember's predecessor) was elected solely
because of a change in boundaries of any ward as in this charter provided, Rathe
councilmember shall not lose ffisthe office by reason of such change. If a member of the
city council shall be convicted of a crime involving moral turpitude, ffisthe office shall
immediately become vacant and be so declared by the city council.
No person shall be eligible f{)r nomination for or eloction to the office of councilmemberA
person who has served two (2) consecutive terms of four (4) years each shall be eliqible
for appointment, nomination for or election to the office of councilmember (reqardless
of wards represented by that person durinq such period) no sooner than for a term
beqinninq eiqht (8) years after completion of that councilmember's second consecutive
full term.
Short or partial terms shall not be considered-o- in determininq eliqibility 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
council member who assumed office at the beqinninq of a term and left office early for
anv reason whatsoever shall be deemed to have served a full term.
Ordinance No.
Page 5 of 18
508-9
Exhibit C
Sec. 402. Compensation of members.
EaGREffective after the 2008 qeneral election. each member of the city council,!
includinq the Mayor. shall receive as compensation for his or hertheir services as such a
monthly salary in the sum of one hundred and twenty five dollars ($125.00). The
member elected to fill the office of mayora monthly salary established by ordinance in
an amount up to that as may be established by. and calculated in accordance with. the
provisions of state law for qeneral law cities of the size of Santa Ana. This reference to
qeneral law shall not be deemed to constitute adoption of such law in Santa Ana. but
shall only be used for reference purposes in calculatinq city council salary. The Mayor
shall receive the additional amount of seventy-five dollars ($75.00) for each per month
said member shall fill the office of mayor. Further, each member of the city council shall
receive reimbursement for required travel and other expenses while on official business
of the city as authorized and approved by the city council.
Absence of 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 by permission of the city council
expressed in its official minutes.
Ordinance No.
Page 6 of 18
508-10
Exhibit 0
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 ffisthe 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.
A person who has already served five (5) consecutive terms of two (2) years each as
mayor shall be eliqible for nomination for or election or appointment to the office of
mayor or council member no sooner than for a term beqinninq after at least two mayoral
terms have passed followinq completion of that person's fifth consecutive term. Short or
partial terms shall not be considered in determininq eliqibility 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 beqinninq of a term and left office early for any reason whatsoever shall be deemed
have served a full term. The provisions of this section related to short or partial terms is
deemed to be declaratory of existinq law.
Ordinance No.
Page 7 of 18
508-11
Exhibit E
Sec. 413. Adoption (Ordinances).
Every ordinance shall be introduced in writing in the f{)rm in which it is to be finally
passed. 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. In the event that any ordinance, other than an emergency ordinance, is
altered after its introduction, except for the correction of typographical or clerical errors,
the same shall not be finally adopted except at a regular or adjourned regular meeting,
held not less than six (6) days after the date upon \A:hich such ordinance was so altered
A proposed ordinance may be amended or modified between the time of its introduction
and the time of its final passaqe. providinq its qeneral scope and oriqinal purpose are
retained. The rights and powers conferred on the city council shall be exercised by
ordinance when so provided by this charter or by law. Each. 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 emerqency has been
declared or at an emerqency meetinq properly convened.
All ordinances and written resolutions shall be signed by the mayor and attested by the
clerk of the council.
Ordinance No.
Page 8 of 18
508-12
Exhibit F
Sec. 421. Non-Public Works Contracts, purchases, public works Formalitios.
@LThe city shall not be bound by any contract, oxcopt as hereinafter provided,
unless the same shall be made in writing by order of the city council. except as
hereinafter provided. and signed by SGmean officer mon behalf of the city who has been
authorized to do so by the city council. The approval of the form of all contracts shall be
endorsed thereon by the city attorney, or his or her designated representative.
fQ.L The city council may by ordinance authorize by the affirmative votes of a
majority of its members, any officer of the city to bind the city on contracts in writing
\vithout advertising and without previous approval by the city council of oach specific
item for the payment of charges for materials, supplies, labor, equipment or other
valuable consideration furnished the city, in amounts not exceeding five hundred dollars
($500.00) in anyone contract. Further, the city council may authorize, by the affirmative
votes of a majority of its members, the city manager to bind the city on contracts for
such amounts as may be established from time to time. At least quarterly. the City
Manaqer shall place on the City Council aqenda for information. a report of contracts let
by the City Manaqer pursuant to authority qranted hereby. That report shall include the
identities of contractors and amounts of each contractin writing without advertising and
without previous approval by the city council of each specific item for the payment of
charges for materials, supplies, labor, equipment, other valuable consideration to bo
furnished the city, or for emergency public works construction (as hereinafter defined),
in amounts not exceeding the sum of ten thousand dollars ($10,000.00) without a
contract let to the lowest responsible bidder after notice, in anyone contract.
(c) The city council shall establish by ordinance rules and procedures for
competitive biddinq for purchase of. or contracts for materials. supplies. equipment. or
services. includinq exceptions from formal biddinq as the city council may deem
appropriate. includinq providinq for emerqencies. Nevertheless. such rules and
procedures shall provide. where feasible. for review of such alternative sources of such
materials. supplies. equipment. or services. includinq professional services. as may be
available in competition with one another and selection therefrom on the basis of
obtaininq maximum quality qoods. services. or performance at minimum cost. and may
provide for use of other public aqency biddinq and contractinq processes where found
to be otherwise consistent with this charter. Nothing herein contained shall authorize
any person to bind the city on any such contract if the same be a portion of a larger
purchase or series of purchases which, in the aggregate, exceed the authority herein
specified. Set by the city council hereunder.
Sec. 422. Public Works Contracts.
(a) For purposes of this section. "public works construction" shall be deemed to
mean a project for the erection or improvement of public buildinqs, streets, drains.
sewers. or parks. Maintenance and repair of public buildinqs. streets. drains. sewers. or
parks shall not be considered as public works construction.
fQ.LEvery contract involving an expenditure of more than ten thousand dollars
($10,000.00) for materials, supplies, labor, equipment, other valuable consideration, or
for public works construction (as hereinafter defined)in excess of that amount set from
Ordinance No.
Page 9 of 18
508-13
time to time by ordinance of the city council pursuant to (c) below, shall be made by the
city council with the lowest and best bidder after publication for at least two (2) days in a
newspaper of general circulation in the city of notice calling for bids and fixing a period
during which such bids will be received, which shall be for not less than ten (10) days
after the first publication of said notice, except where alternate contractinq procedures
are utilized pursuant to (c), below.
(c) The city council shall adopt by ordinance rules and procedures for competitive
biddinq for all public works contracts, which rules and procedures shall establish limits
for public works contracts approved by the city manaqer. Such rules and procedures
shall establish criteria for thresholds for formal and informal biddinq, and notice
requirements therefor; standards for reiection of bids and dispensinq with biddinq;
criteria and procedures for prequailifyinq bidders and contractors; and utilization of
alternate project delivery systems such as desiqn-build contracts. For purposes of this
Article, "desiqn-build" means a ranqe of methods of procurinq desiqn and construction
from a sinqle source, where the selection of the sinqle source occurs before the
development of complete plans and specifications. Notwithstandinq the foreqoinq, any
rule permittinq dispensinq of biddinq and/or performinq work with city forces for any
reason includinq an emerqency shall require the affirmative votes of at least two-thirds
(2/3) of the members of the city council.
The city council may reject any and all such bids presented and may readvertise
in its discretion. After rejecting such bids, or if no bids are received, the city council may
determine and declare that, in its opinion based on estimates submitted by the city
manager, the ':.'ork may be performed better or more economically by the city with its
own employees, or the materials, supplies, labor, equipment or other valuable
consideration can be obtained at a Im\'or cost, and after the adoption of a motion to this
effect by the affirmative votes of at least tV.tO thirds ( 2/3) of tho members of the city
council, the council may proceed to have said work done or purchase made or contract
executed in the manner stated '.vithout further observance of tho provision of this
section. Such contracts likewise may be let without advertising for bids, if such work,
materials, supplies, labor, equipment or other valuable consideration shall be deemed
by the city council to be of urgent necessity for the preservation of Iif-e, health or
property, and shall be authorized by motion passed by the affirmative votes of at least
two thirds ( 2/3) of the members of the city council and containing a declaration of the
facts constituting such urgency.
For purposes of this section, "public works construction" shall be deemed to
mean a project for the erection or improvement of public buildings, streets, drains,
sewers, parks, or playgrounds. Maintenance and repair of public buildings, streets,
drains, sewers, parks, or playgrounds shall not be considered as public works
construction.
Any contract involving expenditure of public funds, even though not required to
be let by competitive bidding aftor publication of notice, shall nevertheloss be entered
into only after revimv of such alternative sources of supply or performance as may be
Ordinance No.
Page 10 of 18
508-14
available in competif .
13 . Ion \Allth
o t31ning maximum . .: one another and selecti
manager shall reoo:~~~~ goods, sorvioes, or performa~~ therefrom on tho basis of
rules and regulations gO'l:rn~~~ t~e oily oounoil shall oonsi~e~ta~:'mdum oosl. The oily
malonals, and equi me . e oonlmating and puroha . a opt by ordinanoo
omployoa of Iha oily :a\'o'::,~..q~"ad by any offioa, dap:~~a~ all servioas, supplios,
en . n, agency, officer
Nth' ' or
o Ing contained in thO .
\AlitR tR IS section sRall R'S'
00 ,or e purchase or ac ... pro I It any contract f .
~Iuable ooAsidomtion fro~U1G1tl~~ of any malorials, sUPPlie:r i~bhO works oOAslru6liaA
..Ilhoul oompliaAoa with Iha b~d' rough: aAY publio or go"~r: ar, aqulpmonl or othar
Ing provIsions of this sectio' mental body or agency
5ec. 422 5 A.
. ame Competitive bidding.
. Subject to the raro"i . .
the city council by ordin;n~~ns of thiS charter and rules and r .
balor.. making purohasas of ' ample apportunity shall ba gi" e~ulalions pr<lsoribad by
, or contracts for, suppli ~en ar competitive bidd'
es, materials or e . Ing
, qUlpment.
Ordinance No.
Page 11 of 18
508-15
Exhibit G
Sec. 901. Appointments, removals, vacancies, terms.
@LExcept as otherwise specified in this charter, the member of each of the
appointive boards and commissions shall be appointed, and may be removed, by the
city council, subject in both appointment and removal by the affirmative votes of a
majority of the members. For boards or commissions havinq at least seven (7)
members, the city council shall select seven (7) members from nominations made by
the council member (or the mayor in the case of the city-wide seat) whose term
coincides with that board or commission seat. (as determined by the city council in
accordance with subsection (e) below. toqether with nominations from any other
member of the council. All other appointments shall be as determined by this charter, or
by the city council from time to time. Beqinninq with terms startinq after the 2006
General Election, at least fifty-percent (50%) of those persons nominated from time to
time by a council member shall be residents of the ward represented by such council
member. At the request of a council member, this rule may be waived by a 2/3 vote of
the City Council for anyone aooointment if the reQuestina member is unable to find a
Qualified and acceotable ward resident to nominate. For OUf1)oses of this rule.
residency is only required at the time of nomination.
fQ) Vacancies from whatever cause arising shall be filled in the same manner.
Upon a vacancy occurring leaving an unexpired portion of a term, any appointment to fill
such vacancy shall be for the unexpired portion of such term. All terms shall beqin on
the same date as city councilmember terms as provided in section 400 of this charter.
i9...lf a member of a board or commission absents himself from three two (d~)
regular meetings of such board or commission, consecutively, unless by permission of
such board or commission expressed in its official minutes, or fails to attend at least
one-half (1/2) of the reqular meetinQs of such board or commission within a calendar
year, or is convicted of a crime involving moral turpitude, or ceases to be a qualified
elector of the city, ffisthe office shall become vacant and shall be so declared by the city
council.
{gLExcept as otherwise provided in this section, the members of such boards
and commissions shall serve for a term of four (4) years and until their respective
successors are appointed and qualified, but in no event shall any person be eligible for
reappointment who has served two (2) consecutive terms of four (4) years each,!
irrespective of what seat or seats the member is appointed to by the city council.
Notwithstandinq the foreQoinq. one seat shall be a city-wide seat havinq a (2) year term
which coincides with that of the Mayor, and which shall be limited to four (4) consecutive
terms of two (2) years each. Short or partial terms (as defined for citv council in Section
401 of this Charter) shall not be considered. Unless otherwise provided by ordinance of
the city council for a board or commission having more or less than seven (7) members,
the terms of three (3) of the members of each such board or commission shall begin on
the date of the beginning of the term of office of council members elected at every
second general election commencing with the April, 1983 general election, afldthe
Ordinance No.
Page 12 of 18
508-16
terms of tho remaining three (3) other members shall begin on the date of the
beginning of the term of office of council members elected at every second general
election commencing with the November, 1984 general election, and one (1), as
desiqnated by the city council, shall coincide with the term of the mayor. It is the intent
of this section that the term of office on boards and commissions shall be concurrent
with the term of office of council members. Thereafter, any appointment to fill an
unexpired term shall be for such an unexpired period. No person shall be eliqible for
appointment to a board or commission who completed a term on the City Council
immediately precedinq that board or commission term.
@LThe city council shall determine which members of such boards and
commissions serving as such at the time of the April, 1983 general election shall serve
shortened or extended terms. Beqinninq with terms startinq immediately followinq the
2006 qeneral election, for board and commissions with at least seven (7) members, the
city council shall desiqnate seven (7) board and commission seats by ward, and one
city-wide. These desiqnations shall be solely for the purpose of nominations and
calculations of terms as provided in this Section 901. Except for purposes of the fifty-
percent (50%) nomination rule in subsection (a) above. residency in that ward is not
required.
Ordinance No.
Page 13 of 18
508-17
Exhibit H
Sec. 901.1. Prohibition against serving as treasurer for campaign committee.
If any member of an appointive board or commission shall become the treasurer of a
campaign committee which receives contributions for any candidate for mayor or
councilmember, his or her office shall become vacant and shall be so declared by the
city council. Any provisions of this Article IX notwithstandinq, no person who serves as
the treasurer of a campaiqn committee which receives contributions for any candidate
for mayor or council member shall be eliqible for appointment to any appointive board or
commission.
Ordinance No.
Page 14 of 18
508-18
Exhibit I
Sec. 910. Same 910 Plannina Commission-Powers and duties. Duties
The planning commission shall have power and be required to:
(a) Prepare and maintain a master plan for the physical development of the
city and of any land outside the boundaries thereof 'lJhich, in the
commission's judgment bears relation to the planning for the physical
development of the city, including a gonoral plan for streets and highv/ays,
and submit such plan annually to the city council for consideration and
approval;
@.} periodically review the city's General Plan:
fQ.) Make studies and plans for future civic land use, including use as public
recreation facilities;
(c) Prepare a ten (10) year capital improvement program, revised annually,
which shall set f{)rth all of the capital improvements contemplated by the
several offices, departments, and other agencies of the city according to a
logical order of priority with the amount of funds required for each capital
improvement and the planned method of financing and submit such a
program annually to the city manager and the city council;
if} Annually review the city's capital improvement proqram solely for
consistency with the qeneral plan:
fQ) Exercise such functions as to land subdivisions, zoning, and other city
planning as may be prescribed by ordinance.
.ill.} By its own motion, make such studies and investigations as it may deem
necessary for the formulation of planning and land use policies and report
its findings and recommendations to the city councilor the city manager,
or to both such authorities, as it may see fit.
Ordinance No.
Page 15 of 18
508-19
Exhibit J
Sec. 911. Personnel board--Membership.
The personnel board shall consist of seven (7) members to be appointed by the city
council from the qualified electors of the city. None of the members shall be removed
from office without reasonable and sufficient cause, in accordance with procedures as
provided by ordinance. None of the members shall hold public office or employment in
the city qovernment or be a candidate for any other public office or position, be an
officer of any local, state or national partisan political club or organization, or while a
member of the personnel board or for a period of one (1) year after he has ceased for
any reason to be a member, be eligible for appointment to any salaried office or
employment in the service of the city.
Ordinance No.
Page 16 of 18
508-20
Exhibit K
Sec. 912. Same--Powers and duties.
The personnel board shall have power and be required to:
(a) Hear appeals pertaining to the disciplinary suspension, demotion, or
dismissal of any officer or employee having permanent status in any
office, position, or employment in the civil service; and as otherwise
provided for in the civil service rules and regulations;
(b) Consider matters that may be referred to it by the city councilor the city
manager and render such counsel and advice in regard thereto as may be
requested by the referring authorities;
(c) By its own motion, make such studies and investigations as it may deem
necessary for the formulation of civil service policies, or to determine the
wisdom and efficacy of the policies, plans, and procedures dealing with
civil service matters and report its findings and recommendations to the
city manager or the city council, or to both such authorities, as it may see
fit;
(d) Conduct public hearings on all proposed amendments to or repeal
of civil service rules and regulations in the manner as prescribed by
ordinance, and advise the council of its findings in such matters within
sixty (60) days.
Ordinance No.
Page 17 of 18
508-21
Exhibit L
Sec. 1200. Elections--Conducting.
The conduct of all municipal elections by the clerk of the council shall be under
the control of the city council which shall, by ordinance or resolution, provide for the
holding of all municipal elections.
Ordinance No.
Page 18 of 18
508-22
Iss061406
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING SECTION 2-101
OF THE SANTA ANA MUNICIPAL CODE RELATING
TO COUNCIL ORGANIZATION
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Section 400 of the Santa Ana Charter sets the time for a council
member's term to commence following the certification of election
results.
B. The City Council has proposed that the voters amend Section 400 of
the Santa Ana Charter to change the date of the first meeting of the
newly elected council to 6:00 pm on the second Tuesday in December,
following certification of election results.
C. Santa Ana Municipal Code section 2-101 conflicts with the proposed
amendment of Charter section 400 regarding the time for convening
the newly elected council.
Section 2. Santa Ana Municipal Code, Chapter 2, Article II, Section 2-101
relating to city council organization, is hereby amended as follows:
A. Section 2-101 shall be amended to read as follows:
Sec. 2-101, Organization.
The newly elected council shall convene as set forth in the Santa Ana Charter 00
the first regularly scheduled meeting after eloction returns are certified for any
general municipal election at which any member of said council shall have beon
elected, or as soon thereafter as the new members have taken thoir oaths of office.
The newly elected council shall proceed to organize, and the newly elected mayor
shall immediately become the presiding officer. The council shall thereafter elect a
mayor pro tem.
In the absence of the mayor and the mayor pro tem the clerk of the council shall
call the council to order and call the roll of the members. If a quorum is found to be
508-23
present, the council shall, by majority vote of those present, elect a chairman of the
meeting to act during the meeting or until one of the regularly designated presiding
officers shall appear.
Section 3. This ordinance shall become effective only upon the
approval of the amendment of Santa Ana Charter Section 400 by a majority of the
voters of the City of the Santa Ana at the November 7, 2006 general election.
ADOPTED this
day of
,2006.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Laura Sheedy
Assistant City Attorney
AYES:
Councilmembers
NOES:
Councilmembers
ABSTAIN:
Councilmembers
NOT PRESENT:
Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. NS- to be the original ordinance adopted by the
City Council of the City of Santa Ana on , and that said
ordinance was published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
508-24
Iss061406
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA ADDING SECTION 2-110 OF
THE SANTA ANA MUNICIPAL CODE RELATING TO
COUNCIL MEMBER SALARIES
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Section 402 of the Santa Ana Charter provides that each member of
the City Council shall receive as compensation for their services a
monthly salary established by ordinance in an amount up to that
established by, and calculated in accordance with, the provisions of
state law for general law cities of the size of Santa Ana.
B. The City Council has proposed that the voters amend Section 402 of
the Santa Ana Charter to authorize the City Council, by ordinance, to
set City Council salaries up to that amount permitted by Government
Code Section 36516(a) for general law cities.
C. With a population of 351,697, Government Code Section 36516(a)
would permit a salary for the Santa Ana City Council of up to $1,000.00
per month.
D. In establishing council member salary, the City Council has utilized
Government Code Section 36516(a) for reference purpose only, the
City Council is not relying on, nor adopting the legislature's
determination of salary for general law cities.
Section 2. Santa Ana Municipal Code, Chapter 2, Article II, Section 2-110,
relating to council member salary, is hereby added to read as follows:
Sec. 2-110. Council Member Salary.
Each member of the City Council shall receive as compensation for their
services a monthly salary of one thousand dollars ($1,000.00).
508-25
Section 3. This ordinance shall become effective only upon the approval
of the amendment of Santa Ana Charter Section 402 by a majority of the voters of
the City of the Santa Ana at the November 7, 2006 general election.
ADOPTED this
day of
,2006.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Laura Sheedy
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. NS- to be the original ordinance adopted by the
City Council of the City of Santa Ana on , and that said
ordinance was published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
508-26
Iss061306
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING CHAPTER 2,
ARTICLE 8 OF THE SANTA ANA MUNICIPAL CODE
RELATING TO CITY MANAGER'S AUTHORITY TO
ENTER CONTRACTS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds,
determines and declares as follows:
A. The Section 421 of the Santa Ana Charter provides that the city council
may authorize the city manager to bind the city on contracts in an
amount not exceeding $10,000.00.
B. The City Council has proposed that the voters amend Section 421 of
the Santa Ana Charter to authorize the City Council to set, by
ordinance, the dollar amount of the City Manager's authority to bind
the city on contracts.
Section 2. Section 2-801 of the Santa Ana Municipal Code, relating to city
manager's authority, is hereby amended to read as follows:
Sec. 2-801. City manager's authority.
The city manager is authorized to bind the city to anyone written contract
for an amount not exceeding the sum of ten thousand dollars ($10,000.00)
twenty-five thousand dollars ($25,000.00).
Section 3. This ordinance shall become effective only upon the
approval of the amendment of Santa Ana Charter Section 421 by a majority of
the voters of the City of the Santa Ana at the November 7,2006 general election.
ADOPTED this
day of
,2006.
Miguel A. Pulido
Mayor
508-27
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Laura Sheedy
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. NS- to be the original ordinance adopted by the
City Council of the City of Santa Ana on , and that said
ordinance was published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
508-28
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA REQUESTING THE BOARD OF
SUPERVISORS OF ORANGE COUNTY TO
CONSOLIDATE A SPECIAL MUNICIPAL ELECTION OF
THE CITY OF SANTA ANA WITH THE STATEWIDE
GENERAL ELECTION TO BE HELD ON NOVEMBER 7,
2006
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. A special election of the City of Santa Ana (""City") will be held on
November 7, 2006, for the purpose of considering adoption of certain
amendments to the City's Charter.
B.. There will be a City and statewide general election on this same
November 7, 2006.
C. It is desirable that this special election for the City of Santa Ana be
consolidated with the City and statewide general election to be held on the
same date and that within the City of Santa Ana, the precincts, polling
places and election officers be the same for both elections, and that the
Board of Supervisors of the County of Orange canvass the returns for both
elections, in all respects as if there was only a single election.
Section 2. That pursuant to the requirements at Section 10403 of the Elections
Code of the State of California, the Board of Supervisors of the County of Orange is
hereby requested to consent to and order the consolidation with the general election of
November 7, 2006, of a special election of the City of Santa Ana to be held upon the
same date for the purpose of considering adoption of certain amendments to the City's
Charter.
Section 3. The Board of Supervisors of the County of Orange is hereby
authorized to canvass the returns of said special municipal election pursuant to Section
10411 of the Elections Code of the State of California.
Section 4. The City of Santa Ana recognizes that additional costs will be incurred
by the County by reason of this consolidation and agrees to reimburse the County of
Orange for any such costs.
Resolution No. 2006
Page 1 of 2
508-29
Section 5. The Clerk of the Council is hereby directed to file a certified copy of
this resolution with the Board of Supervisors of the County of Orange and a certified
copy of this resolution with the Registrar of Voters of the County of Orange.
Section 3. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this _ day of June, 2006.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
AYES: Councilmembers:
NOES: Councilmembers:
ABST AI N: Councilmembers:
NOT PRESENT: Council members:
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2006- to be the original resolution adopted by the City
Council of the City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
Resolution No. 2006
Page 2 of 2
508-30
RESOLUTION NO,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING WRITTEN ARGUMENTS FOR
CHANGES TO THE SANTA ANA CHARTER
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. A general election of the City of Santa Ana will be held on November 7,
2006, at which there will be submitted to the qualified electors of the City
several City measures related to charter amendments regarding Mayor
and City Council organization, term of office and salaries; adoption of
ordinances; increasing the City Manager's authority to bind the City on
contracts; appointive boards and commissions; civil service and elections:
B. That pursuant to the requirements at Section 9282 of the Elections Code
of the State of California, the legislative body may authorize any
member(s) of the City Council to write arguments for or against any
measure.
Section 2. The City Council, as the legislative body of the City of Santa Ana,
hereby authorizes the Clerk of the Council to give preference and priority to any
member or members of the City Council (up to five members), then to any member or
members of the Charter Amendment Citizens' Task Force, then to voters as set forth in
California Elections Code section 9287, to file a written argument for or against the City
measures set forth above, and to change said argument until and including the date
fixed by the Clerk of the Council after which no arguments for or against said City
measure may be submitted.
Section 3. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this _day of June 2006.
Miguel A. Pulido
Mayor
Resolution No. 2006-
Page 1 of 2
508-31
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Laura Sheedy
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2006- to be the original resolution adopted by the City
Council of the City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
Resolution No. 2006-
Page 2 of 2
508-32