HomeMy WebLinkAboutNS-2715 - Calling for and Giving Notice of A Special Municipal Election to be Consolidated with the General Municipal Election to Held in the City of Santa Ana...
(JWF 6/13/06)
ORDINANCE NO. NS-2715
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 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-2714, 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 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 413 of the Charter to read as set forth in
Exhibit C, attached hereto and incorporated herein by this reference;
D. A proposal to amend Sections 421 and 422 of the Charter to read as set
forth in Exhibit D, attached hereto and incorporated herein by this reference;
E. A proposal to amend Section 901 of the Charter to read as set forth in
Exhibit E. attached hereto and incorporated herein by this reference;
F. A proposal to amend Section 901.1 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 910 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 911 of the Charter to read as set forth in
Exhibit H, attached hereto and incorporated herein by this reference;
Ordinance No. NS-2715
Page 1 of 15
I. A proposal to amend Section 912 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 1200 of the Charter to read as set forth in
Exhibit J, attached hereto and Incorporated herein by this reference.
ADOPTED this 3,d day of July, 2006.
.......-----)", /"l
(/.~ '~t?2"/~" /'/7 /
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!~~C(l~~ -~~ - ~
/ Miguel. Pulido
Mayor
'/
APPROVED AS TO FORM:
Joseph W her, City Attorney
By:
--'
------
AYES Coun members Alvarez, Bis!. Bustamante. Christv,
Garcia, Pulido. Solorio (7)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers None (0)
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-2715 to be the original ordinance adopted by the City
Council of the City of Santa Ana on Julv 3. 2006, and that said ordinance was published
in accordance with the Charter of the City of Santa Ana.
, -- ./
/
/. ----.-- ..
/ //~ /'
~,5/ .: (_~L.4._c~c --e.."
/ Clerk of the Council
City of Santa Ana
Date: ~ /'ie. [:
/
Ordinance No. NS,2715
Page 2 of 15
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
matler (mannerj 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 lolle'llinll s~eA
GleetieR, at tAB first rGll~larly sahGd~IBe meetinll of tAO sily aounailat 6:00 om 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
eiected 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. 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 councilmembers shall be elected by the vote
of the electors of the city at large.
Ordinance No. NS-2715
Page 3 of 15
Exhibit B
Sec. 401. Qualifications of members.
To be eligible to be elected to the office of councilmember, a person must be a
r-ellisterodaualified voter and a thirty (30) day resident of the ward from which Ilethe
candidate is nominated at the time nomination papers are issued te Rim as provided for
In Seetien 22842 of the Elections Code of the State of California, except that the mayor
need only be a registered voter and thirtv (30) dav 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 Ilethe councilmember (or, in the case of an appointee, Aisthe
councilmember's predecessor) was elected, or in the event the mayor shall cease to be
a resident of the city, Aisthe 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 Ilethe councilmember
(or, in case of an appointee, I1fs-the councilmember's predecessor) was elected solely
because of a change in boundaries of any ward as in this charter provided, Ilethe
councilmember shall not lose Aisthe office by reason of such change. If a member of the
city council shall be convicted of a crime involving moral turpitude, Aisthe office shall
immediately become vacant and be so declared by the city council.
No person sllallbe eligible for nomination for or oleation te tRe ollioe of oe~noilFl1eFl1berA
person who has served two (2) consecutive terms of four (4) years each shall be eliaible
for appointment. nomination for or election to the office of councilmember (reaardless
of wards represented by that person durina such period) no sooner than for a term
beainninQ eiQht (8) years after completion of that councilmember's second consecutive
full term.
Short or partial terms shall not be considered~ in determinina eliQibilitv for appointment,
nomination or election. For purposes of this charter. short or partial terms shall onlv 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 beainnina of a term and left office early for
anv reason whatsoever shall be deemed to have served a full term.
Ordinance No. NS,2715
Page 4 of 15
Exhibit C
Sec. 413. Adoption (Ordinances).
Every ordinance shall be introduced in writing-iA-the form in 'f.'hich it is to l3e 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 er€linanae, other tRan an emerllensy erdinanae, is
altere€l alter its intre€luatien, eJE6o~t for tRo aor'roctien of t,.~ellra~Rioal er aloriaal errors,
the same sRall not l3e finally adopted O)(co~t at a rell~lar or a€lja~FAed ro!jular moetinll,
holE! not loss than six (6) days alter IRe €late ~~en \'tRiOR S1oJ6R ordinanae was so aller-e€l
A proposed ordinance mav be amended or modified between the time of its introduction
and the time of its final passaoe. providinQ its aeneral scope and orioinal purpose are
retained. The rights and powers conferred on the city council shall be exercised by
ordinance when SO ~Foviaed by this aRartor er I:ly law. EaoR, resolution or motion as
may be prescribed bv 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. exceot when a state of emeroenav has been
declared or at an emeraencv meetino properly convened.
All ordinances and written resolutions shall be signed by the mayor and attested by the
clerk of the council.
Ordinance No. NS-2715
Page 5 of 15
Exhibit D
Sec. 421. Non-Public Works Contracts, llurGRaS9S, llullliG works Formalities.
@l.The city shall not be bound by any contract, excel3t as Rereinalter pro'Jidod,
unless the same shall be made in writing by order of the city council. exceot as
hereinafter provided. and signed by semean officer iRon 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.
fuL The city council may by ordinance authorize by tRe affirmative votes ol-a
majority ef its members, any olfiaer of tRe sity to bine the oity OR conlracls in 'l.'ritinll
'ttitRe~t aevertisiRll ane withe~t wovious approval by tRe sity sounoil ef eaoh sl3eoific
item fer tRe l3ayment of cRarQes fer matorials, supplies, labor, et'lui~mont or ethor
val~ablo aonsideratien f~rAishee the city, in ame~nts not oxcoeeing five hundred dollaFG
f$l;OOOO) in anyone aontrast. F~rtRer, tho oily ao~nsil may autRorize, by tRO affirmative
vetes of a majority of its memborc, the city manager to bind the city on contracts for
such amounts as mav be established from time to time. At least Quarterly, the City
ManaQer shall place on the Citv Council aaenda for information, a report of contracts let
by the City ManaQer pursuant to authority Qranted herebv. That reoort shall include the
identities of contractors and amounts of each contract.in writiRQ '.vitRo~t advortisinll and
'Nithout previous approval by tho aity so~nail of eaaR sl3Gsifio item for the l3ayment of
oRarQos ler materials, supplies, labOf, equipment, otRer valual3lo aGnsieer-ation to be
l~rnisRed the city, or fer emor-goncy l3ubllc works aonstruation (as horeinaltor eolinoe),
in 3mo~nts not exaeeeinll the s~m of len IRo~san€l eollars ($10,000.00) without-a
GOFltraot lot to tho la'.\lost rocporlG.iblo bidder after netice, in any (me c0Atr3et.
(c) The citv 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 biddina as the citv council mav deem
appropriate, includinq providinQ for emeraencies. 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
obtainina maximum aualitv aoods, services. or performance at minimum cost. and may
orovide for use of other public aqencv biddinq and contractina orocesses 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 horein
s~ecifiee. Set bY the citv council hereunder.
Sec. 422. Public Works Contracts.
(a) For ourposes 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 buildinas. streets, drains, sewers, or
parks shall not be considered as public works construction.
fuLEvery contract involving an O)cpendituro ef morc than len tRous3nd eollars
($10,000.00) lor materials, supplies, labor, equipment, olner valuable aonsidoration, or
for public works construction (as Rereinaller eofinee)in excess of that amount set from
time to time by ordinance of the city council pursuant to (c) below, shall be made by the
Ordinance No. NS,2715
Page 6 of 15
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, exceot where alternate contractinq procedures
are utilized pursuant to (c), below.
(c) The citv council shall adopt bY ordinance rules and proaedures for competitive
biddinq for all public works contracts, which rules and proaedures shall establish limits
for public works contracts approved by the citv manaqer. Such rules and orocedures
shall establish criteria for thresholds for formal and informal biddinq. and notice
reauirements therefor; standards for reiection of bids and dispensinq with biddinq;
criteria and procedures for preauailifvina bidders and contractors; and utilization of
alternate oroiect deliverv 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 sinale source occurs before the
development of complete plans and specifications. Notwithstandinq the foreqoina. any
rule permitlinq dispensinq 01 biddinq and/or performinq work with citv foraes for any
reason includinq an emeraencv shall reauire the affirmative votes of at least two-thirds
(2/3) of the members of the citv council.
TRe oity ao~ncil may rejoat any and all s~ch l3ies Flresented and may read':ertiso
in its disoretion. Mar rejecting S~CR l3ies, or if no oies are FGoci\lod, the city aounail may
dotcrmino and dealare tRat. in its o~inion l3ased on estimates submittod by tho aity
managor, the werk may l3e Flerfermee oettor or more eaonomiaally by the aity '....ith its
own om~loyees, or tRe matorials, su~~lies, labor, equi~ment or otRer val~aole
aensideration aan oe ootained at a lewor am;t, and alter tRe aeoFltion of a motion to tRis
elleot oy tRO affirmative ':otos of at least P.'IO thirds ( 2!J) of the memoeFG of tho aity
ao~noil, tRo aounail may preseee te Rave said work done or FluraRase made or aonlfaGl
ffileauted in the manner statee 't.'itho~t f~rtRer ol3servanoe of tho provision of this
sestion. Such centracts lil(ewise may l3e lot without advertising fer l3ies, if s~sh 'Nork,
materials, sUFlFllies, lal3er, oEl~i~ment or other valuaole censieeration shall l3e eeemee
by tRe sity oo~nail to be of ~rgent neaossily fer tRe ~reservation of lifo, heoltR or
wo~erty, and shall bo authorizee oy motion ~assee oy tRe affirmativo 'Iotos ef at least
two thirds ( 2!J) of the meml3ers of the city so~nail and aontaining a dealaration of tRe
laats aenstiMinll S~CR ~rllensy.
For ~ur~osos of this seation, "publia werks aonstr~ction" shall oe deomod te
moon a ~rojoat 10f tho ereation or imFlrovement of ~~olia l3uileings, streets, drains,
sewers, parks, or FllaYllrounes. Maintenanae ane r-e~air of ~ublia buildings, streets,
era ins, sewers, Flarks, or ~laY(Jrounds GRail not bo aonsideree as Fl~l3lic works
aenstr~ctien.
^ny aontraat involvinll ox~eneit~re of ~~olis f~nds, oven tho~gh not required to
be let by aom~etitive l3ieeinll after ~~l3liaation of Rotise, shall novortheless 130 entered
into only alter review of s~ch altornative so~mes of supply er ~erlermanae as may 00
a'failaole in sempotition witR ens another ane selestion tRerelrom on tRo l3aGis of
ootaininll mallimum quality goods, Gervises, or ~erlermanae at minimum aos!. The city
manaller shall.roaommene and the oily ceunail GRail aonsieer and adopt l3y ordinance
Ordinance No. NS,2715
Page 7 of 15
rules and rogulatiens govorning tRo aontr-aatinll ane ~~rchasinll of 311 serviaes, sup~lies,
materials, and equipment rmwiroa 13'1 any olliae, de~artment, all8ncy, olfiaor, or
ernpleyee sf the eity QGvorrunont.
NetRing 6ontainoa in this section sRall t:JroRisit any contract lor public works aonstruation
with, or the purehase or Qa~uisitien of any materials, sU~f:llies, lasor, e~uipment. or other
'f3luasle aonsideration-lrom or tRre~llh, any ~ul3lio or lle'/erAmental seay or allency
witRout cemf:llianoo witR the bidding provisions of tRis soatien.
Ses. 422. Same Cempetitiv8 bidding.
Sul3jeat to tho provisions of tRis 6Rartor ane rules ana rell~latiens f:lresoril3ee 13'1
the oity aounoil sy oreinanae, ample opportunity shall se llivon for oom~etitive sieeinll
sefere making ~urahases 01, or centracts fer, s~~plies, materials, or e~~i~moRt.
Ordinance No. NS,2715
Page B of 15
Exhibit E
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 havina at least seven (7)
members, the citv aouncil shall select seven (7) members from nominations made by
the council member (or the mayor in the case of the citv-wide seat) whose term
coincides with that board or commission seat. (as determined bY the city aouncil in
accordance with subsection Ie) below, toaether with nominations from anv other
member of the council. All other aopointments shall be as determined by this charter, or
by the citv council from time to time. BeQinninQ with terms startina after the 2006
General Election, at least fifty-percent (50%) of those persons nominated from time to
time bv 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 Citv Council for anyone apoointment if the reQuestinQ member is unable to find a
Qualified and acceptable ward resident to nominate. For purposes of this rule,
residency is onlv reauired at the time of nomination.
!Q) Vacancies from whatever cause arising shall be filled in the same manner.
Upon a vacancy ocaurring leaving an unexpired portion 01 a term, any appointment to fill
such vacanay shall be for the unexpired portion of such term. All terms shall beQin on
the same date as citv councilmember terms as provided in seation 400 of this charter.
&If a member of a board or commission absents himself from tRreo two (~!1.)
regular meetings of such board or commission, consecutively, unless by permission of
such board or aommission expressed in its official minutes, or fails to attend at least
one-half (1/2) of the reaular 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, Aisthe 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.
Notwithstandina the foreQoina. one seat shall be a citv-wide seat havinQ a (2) vear term
whiah coincides with that of the Mayor, and which shall be limited to four (4) consecutive
terms of two (2) vears each. Short or partial terms (as delined for citv council in Section
401 of this Charter) shall not be considered. Unless otherwise provided by ordinance of
the city aouncil 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, aIl€Ithe
terms of tRe rom aiRing three (3) other members shall begin on the date 01 the
Ordinance No. NS,2715
Page 9 of 15
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 citv 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 shaH be for such an unexpired period. No person shall be eliaible for
appointment to a board or commission who completed a term on the City Council
immediately precedina 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. Beainnina with terms startinQ immediately followina 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 bv ward, and one
aitv-wide These desiQnations shall be solely for the puroose of nominations and
calculations of terms as provided in this Section 901. Except for purposes of the fiftv-
percent (50%) nomination rule in subsection (a) above. residency In that ward is not
reauired.
Ordinance No. NS-2715
Page 10 of 15
Exhibit F
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
council member, his or her office shall become vacant and shall be so declared by the
city council. Anv provisions of this Article IX notwithstandinQ. no person who serves as
the treasurer of a campaian committee which receives contributions for any candidate
for mavor or councilmember shall be eliQible for apoointment to any appointive board or
commission.
Ordinance No. NS-2715
Page 11 of 15
Exhibit G
Sec. 910. Same 910 PlanninQ Commission.Powers and d~tie8. Duties
The planning commission shall have power and be required to:
(a) Prellare ane maintlin a master ~Ian for the physiaal eevolo~mont of tRe
aity ane ef any lane e~tside the I3El~ndariee theroElf whiah, In tRO
aommiesien's juagment boars relatiEln te tRO Illanning fer tRe physia:ll
eovolopment Elf tho aity, inalueiRg a llonerallllan fer streets ane hillRways,
ana submit suah ~Ian annually to the aity aEl~Rsil fer aElnsiaeration ane
Jppro\'f'll;
{ill periodically review the city's General Plan:
ill Make studies and plans for future civic land use, including use as public
recreation facilities;
(s) Pro~aro a ton (1 Q) year aallital im~rovement Ilrogram, revised annually,
wRish sRall sot fortR all ef tRO Ga~ital imllrovoments aontem~lated l3y the
several olliaes, departments, and etRor agensios Elf tho city acaerding to a
IOllical oreor of priority with the amount of lunds reEl~irod fer oaah aallital
imllrovement ane the Illannee methoe of finanaing and submit suah a
program Clnrlblally to tho city m:::m3Qor JAd tho city 0CHJndl;
ill Annually review the city's capital improvement prOQram solely for
consistency with the Qeneral plan:
{Ql Exercise such functions as to land subdivisions, zoning, and other city
planning as may be prescribed by ordinance.
M 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 NS,2715
Page 12 of 15
Exhibit H
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 aeased 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. NS-2715
Page 13 of 15
Exhibit I
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 offlaer 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. NS,2715
Page 14 of 15
Exhibit J
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. NS,2715
Page 15 of 15