HomeMy WebLinkAboutItem 21 - Omnibus Amendments to Chapter 2 of the Santa Ana Municipal CodeCity Attorney's Office
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Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 1, 2025
TOPIC: Omnibus Amendments to Chapter 2 of the Santa Ana Municipal Code
AGENDA TITLE
Omnibus Amendments to Chapter 2 of the Santa Ana Municipal Code Including Meeting
Frequency for the Personnel Board, Contracting Authority for the City Clerk and City
Attorney, and Relying on State Law Regarding Campaign Contributions Effect on
Proceedings Involving a License, Permit or other Entitlement for Use
RECOMMENDED ACTION
Approve the First Reading of an Ordinance of the City Council of the City of Santa Ana
amending Chapter 2 of the Santa Ana Municipal Code as to Section 2-328 Regarding
Meetings; Chairperson and Recording Secretary of Appointive Boards and Commissions,
Adding Section 2-331.5 Regarding Meetings of the Personnel Board, Amending the Title
of Article VI I of Chapter 2, Amending Section 2-748 Regarding City Manager Contracting
Authority, Adding Section 2-748 Regarding City Attorney and City Clerk Contracting
Authority, and Repealing Section 2-107 Regarding Prohibited Campaign Contributions.
ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL
CODE AS TO SECTION 2-328 REGARDING MEETINGS; CHAIRPERSON AND
RECORDING SECRETARY OF APPOINTIVE BOARDS AND COMMISSIONS, ADDING
SECTION 2-331.5 ENTITLED MEETINGS, AMENDING THE TITLE OF ARTICLE VII OF
CHPATER 2, AMENDING SECTION 2-748 REGARDING CITY MANAGER
CONTRACTING AUTHORITY, ADDING SECTION 2-749 REGARDING CITY
ATTORNEY AND CITY CLERK CONTRACTING AUTHORITY, AND REPEALING
SECTION 2-107 REGARDING PROHIBITED CAMPAIGN CONTRIBUTIONS
GOVERNMENT CODE 484308 APPLIES: No
DISCUSSION
Section 2-328-Meetings; chairperson; recording secretary
Section 2-328 is part of Division 2 "Appointive Boards and Commissions" in Article IV
"Officers, Departments, Boards and Commissions" in Chapter 2 of the Santa Ana
Municipal Code ("SAMC"). Division 2 contains sections that are applicable to all City
Omnibus Ordinance Amendment
April 1, 2025
Page 2
Boards and Commissions. Section 2-328 addresses meetings, election of a
chairperson and recording secretaries for all Boards and Commissions but also contains
a provision specific to the Personnel Board which states that the Board will meet
monthly provided that there is business on the agenda to come before it. This provision
is being deleted and a new code section regarding meetings for the Personnel Board
will be added to Division 3 which contains municipal code provisions specific to that
Board.
Section 2-331.5- [Newl Meetings
The City of Santa Ana Personnel Board was established by the City of Santa Ana
Charter and Municipal Code. One of the Board's principal duties is to provide a final
administrative review of disciplinary matters involving permanent employees of the
City of Santa Ana who have been demoted, suspended, or dismissed/terminated
from employment. The Board's appellate review is a full evidentiary hearing wherein
the Board applies its independent judgment to the law, facts, and arguments presented
in each case.
The duration of individual hearings varies. These proceedings include pre -hearing
procedures, the evidentiary hearing, and Board deliberation and decision proceedings.
Hearings are conducted in the evenings and require the coordination of many schedules
due to the large number of individuals involved, including the employee/appellant and
their representative(s), the City representative(s), City staff, the seven (7) Board
members, Board counsel, witnesses, and a court reporter. Hearings take at a minimum
twenty to twenty-five (20-25) calendar days to conclude; see attached Sample Timeline
of an Appeal to the Personnel Board (Exhibit 1). However, the average case is heard
over ten (10) — fourteen (14) evenings which will take eight (8) to twelve (12) months
due to scheduling coordination.
The ordinance addition would change the Personnel Board meetings from a minimum of
one meeting a month (assuming there is business before the Board) to a minimum of
two meetings a month, on the second and fourth Thursdays of each month, provided
the Board has business. This will facilitate advance scheduling and a more efficient
execution of the Personnel Board appeals by establishing a minimum of two (2)
evenings per month available for hearing appeals. The Personnel Board has met on this
issue and identified that they prefer the second and fourth Thursdays of the month as
Regular Meeting dates. Establishing the Regular Meeting dates does not preclude the
Personnel Board from meeting more often while hearing an appeal.
Sections 2-748 and 2-749 [Newl City Manager, City Clerk, and City Attorney Contracting
Authority
On November 5, 2024, the voters approved a Charter amendment to provide contracting
authority to the City Clerk and City Attorney based upon the purchasing policies and dollar
limitations established for the City Manager or at such other amounts adopted by the City
Council. A municipal code amendment is proposed to implement such contracting
Omnibus Ordinance Amendment
April 1, 2025
Page 3
authority and to make clarifying revisions to provisions of the code that address the City
Manager's contracting authority.
Section 2-107 Prohibited Campaign Contributions
Effective January 1, 2023, SIB 1439 removed the exception for local government
agencies relating to the Levine Act provisions of the Political Reform Act of 1974. It was
thereafter amended by SB 1243 effective January 1, 2025 increasing the threshold of
campaign contributions from $250 to $500 and making additional amendments related
to contract exclusions, an extended cure period, agent contributions and the definition
of a "participant." The Levine Act prohibits an officer of an agency from accepting,
soliciting, or directing a contribution of more than $500 from any party, participant, or a
party or participant's agent, while a proceeding involving a license, permit, or other
entitlement for use is pending before the agency and for 12 months following the date a
final decision is made in the proceeding.
SAMC Section 2-107 provides in pertinent part that "[n]o councilmember or any
campaign committee controlled by the councilmember shall solicit or accept any
campaign contribution or loan of two hundred fifty dollars ($250.00) or more from any
person for a period of three (3) months following the date a final decision is rendered in
any proceeding before the council involving a license, permit, or other entitlement, if the
councilmember knows or has reason to know that the person had a financial interest in
the proceeding." The Levine Act covers the same conduct as set forth in SAMC Section
2-107 over a longer period of time but with a $500 threshold rather than the $250
threshold of the SAMC. Section 2-107 only covers three months following the date of a
final decision while the Levine Act covers twelve months after the date of the final
decision. It is proposed to repeal Section 2-107 and to default to the Levine Act under
state law.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Sections 2-328 and 2-331.5- Frequency of Personnel Board Meetings
The estimated cost of the additional meeting per month is $16,200 from the General Fund
for the remainder of FY 24/25. The estimated cost of the additional meeting per month
totals $64,800 from the General Fund for FY 25/26. These funds are already budgeted
for in the Human Resources General Fund account in the current fiscal year. The
proposed FY25/26 budget will include sufficient recurring allocations for two meetings per
month.
Omnibus Ordinance Amendment
April 1, 2025
Page 4
Total
24/25
$16,200
01109050 62300 Contracted Services — Professional
25/26
$54,300
01109050 62302 Contracted Services — Personnel
25/26
$8,400
01109050 63001 Miscellaneous Operating Expenses
25/26
$2,100
Total
25/26
$64,800
Sections 2-748 and 2-749 rNewl Citv Manaaer. Citv Clerk. and Citv Attornev Contractina
Authority
There is no fiscal impact associated with this action. All contracts entered into pursuant
to the City Clerk's and City Attorney's contracting authority would be taken from already
budgeted accounts.
Section 2-107 Prohibited Campaian Contributions
There is no fiscal impact associated with this action. There are no expenditure of funds
associated with this Section or repealing this Section.
EXHIBIT(S)
1. Timeline
2. Ordinance
Submitted By: Sonia Carvalho, City Attorney
Approved By: Alvaro Nunez, City Manager
Personnel Board Hearing Timeline
The following timeline was created for training purposes to provide a visual representation of the process of a Personnel
Board Hearing based on the Personnel Board Rules. Timing can vary significantly on a case by case basis.
Employee
received Scheduling
Notice of Meeting
Adverse (Board and
Action both parties)
Hearing Hearing Hearing
Opening Evidence Closing
Statements presented statements
Appeal filed
Pre -hearing
(If within 10
meeting to
days it is
Evidence
determine if
timely and
and
the case is
added to
witness
ready to be
case log, if
list
heard (Chair,
timeliness is
turned in
Vice Chair,
in question
20 days
Legal
the
prior to
Advisor, both
Secretary
pre-
parties)
will confer
hearing
(Evidence
with Chair to
meeting
turned in 20
determine
days prior)
timeliness.)
Board
announces
decision
Board Board
Board
deliberations Legal
reviews
Advisor
and
prepares
adopts
written
written
statement
statement
of decision
prepared
(typically
by Legal
4-6
Advisor
weeks)
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA
MUNICIPAL CODE AS TO SECTION 2-328 REGARDING
MEETINGS; CHAIRPERSON AND RECORDING
SECRETARY OF APPOINTIVE BOARDS AND
COMMISSIONS, ADDING SECTION 2-331.5 ENTITLED
MEETINGS, AMENDING THE TITLE OF ARTICLE VII OF
CHAPTER 2, AMENDING SECTION 2-748 REGARDING
CITY MANAGER CONTRACTING AUTHORITY, ADDING
SECTION 2-749 REGARDING CITY ATTORNEY AND CITY
CLERK CONTRACTING AUTHORITY, AND REPEALING
SECTION 2-107 REGARDING PROHIBITED CAMPAIGN
CONTRIBUTIONS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. Section 2-238 of Division 2 of Article IV of Chapter 2 of the Santa
Ana Municipal Code is hereby amended to read as follows (new language is underlined
and deleted language is stricken):
Sec. 2-328. Meetings; chairperson; recording secretary.
The election of each chairperson and vice -chairperson shall be held at the meetings of
the respective boards and commissions during the month of July of each year. The
board or commission, in the event of a vacancy in the office of the chairperson or vice -
chair person, shall elect one (1) of its members for the unexpired term. The chairperson
shall have the responsibility for informing the city council of board, commission, or
committee actions or inactions and the reasons therefore.
The city manager or his or her designee shall designate a secretary for the recording of
minutes for each of such boards and commissions, who shall keep a record of its
proceedings and transactions. Each board and commission shall prescribe rules and
regulations governing its operations which shall be consistent with the charter, this
Code, and shall be filed with the city clerk of the not inni' for public inspection. The-
personnel board shall rneet menthly, provided there is business on the agenda W Gerne
before mt.
Section 2. Section 2-331.5 shall be added to Division 3 of Article IV of Chapter 2
of the Santa Ana Municipal Code to read as follows:
Ordinance No. NS-XXX
Page 1 of 5
Sec. 2-331.5. - Meetings.
The personal board shall meet twice a month on the second and fourth
Thursdays, provided there is business on the agenda to come before it.
Section 3. The title of Article VII of Chapter 2 of the Santa Ana Municipal Code is
hereby amended as follows (new language is underlined and deleted language is
stricken):
ARTICLE VII. - CITY MANAGERLS, CITY CLERK AND CITY ATTORNEY
CONTRACTING AUTHORITY
Section 4. Subsection (a) (1) of Section 2-748 of Article VII, of Chapter 2 of the
Santa Ana Municipal Code is hereby amended to read as follows (new language is
underlined and deleted language is stricken):
Sec. 2-748.- City manager's contracting authority.
(a) Non-public works contracts.
(1)The city manager is authorized to bind the city to any one (1) or more written
non-public works contract, per vendor, in an amount or amounts not exceeding the sum
of fifty thousand dollars ($50,000.00) per department, and per each Fiscal Year. For
purposes of this section, a non-public works contract shall mean any contract not
deemed to be a public works contract under subsection (b)(1).
(2)The city manager is hereby authorized to bind the city on amendments to
any one (1) non-public works contract when such amendment for any one (1) non-public
works contract, together with any previously approved amendments for said contract, do
not cumulatively amount to an increase of the city's expenditure obligation under said
contract of more than twenty (20) percent of the original contract amount.
(b) Public works contracts.
(1)The city manager is authorized to bind the city to any one (1) or more written
public works contract, per vendor, in an amount or amounts not exceeding the sum of
five hundred thousand dollars ($500,000). For purposes of this section, a public works
contract shall be deemed to mean a project for the erection, improvement, and/or
maintenance, inspection, testing and repair of public buildings, streets, drains, sewers,
or parks.
(2)The city manager is authorized to bind the city to any one (1) written contract
for emergency public works construction in an amount not exceeding the sum of five
hundred thousand dollars ($500,000).
(3)The city manager is hereby authorized to bind the city on change orders to
any one (1) public works contract, when such change order for any one (1) public works
contract, together with any previously approved change orders for said contract, do not
Ordinance No. NS-XXX
Page 2 of 5
cumulatively amount to an increase of the city's expenditure obligation under said
contract of more than twenty (20) percent of the original contract amount.
(c)Website access and search features.
(1) All agreements approved by the Gcity Mmanager shall be posted to the
City's website on a quarterly basis.
(2) The City's website shall provide search capabilities allowing users to search
any and all agreements approved by the Gcity Mmanager based on words, phrases,
and dollar amounts.
Section 5. A new section 2-749 is hereby added to Article VI of Chapter 2 of the
Santa Ana Municipal Code to read as follows:
Sec. 2-749. - City Attorney and City Clerk contracting authority.
(a) The city attorney is authorized to bind the city to any one (1) or more written
contracts for goods or services, to conduct department business, per vendor and per
each Fiscal Year where said contract does not exceed the sum of twenty-five thousand
dollars ($25,000.00).
(b) The city clerk is authorized to bind the city to any one (1) or more written
contracts for goods or services, to conduct department business, per vendor and per
each Fiscal Year where said contract does not exceed the sum of twenty-five thousand
dollars ($25,000.00).
(c) Website access and search features.
(1) All agreements approved by the city attorney and city clerk shall be posted
to the City's website on a quarterly basis.
(2) The City's website shall provide search capabilities allowing users to search
any and all agreements approved by the city attorney and city clerk based on words,
phrases, and dollar amounts.
Section 6. Section 2-107 of Article II of Chapter 2 of the Santa Ana
Municipal Code is repealed in its entirety.
IN F M., 111111111111111111
•. --
Ordinance No. NS-XXX
Page 3 of 5
Section 7. 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.
Section 8. This Ordinance shall become effective thirty (30) days after its
adoption.
Section 9. The City Clerk shall certify the adoption of this Ordinance and
shall cause the same to be published as required by law.
ADOPTED this day of April, 2025.
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
ABSENT: Councilmembers
Ordinance No. NS-XXX
Page 4 of 5
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Ordinance
No. NS-XXXXXX to be the original ordinance adopted by the City Council of the City of
Santa Ana on 2025.
Date:
Jennifer L. Hall
City Clerk
City of Santa Ana
Ordinance No. NS-XXX
Page 5 of 5