HomeMy WebLinkAboutItem 25 - Second Reading of the Omnibus Amendments to Chapter 2 of the Santa Ana Municipal Code City Attorney’s Office
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Item # 25
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 15, 2025
TOPIC: Omnibus Amendments to Chapter 2 of the Santa Ana Municipal Code
AGENDA TITLE
Second Reading of the 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
First Reading at the April 1, 2025, City Council meeting and approved by a vote of 6-0-
0-1 (Councilmember Phan absent). Published in the OC Reporter on April 2, 2025.
RECOMMENDED ACTION
Approve the Second reading and adopt 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 VII 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-3078 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 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
GOVERNMENT CODE §84308 APPLIES: No
Omnibus Amendments to Chapter 2 of the Santa Ana Municipal Code
April 15, 2025
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DISCUSSION
On April 1, 2025, the Ordinance was introduced for first reading. The first reading was
approved by a vote of 6-0 (with Councilmember Phan absent) with one amendment to
Section 2-331.5 giving the Personnel Board the ability to hold up to two additional
meetings per month. This Ordinance, if adopted, will address the following:
•Delete reference to monthly Personnel Board meetings from Section 2-328;
•Add a new Section 2-331.5 regarding Personnel Board meetings and specify that
such meetings will be held on the second and fourth Tuesdays of each month, if
there is business before the board, instead of monthly and allowing up to two
additional meetings per month.
•Clarifying that the City Manager’s contracting authority for non-public works
contracts is $50,000, per department, and per fiscal year.
•Adding Section 2-749 implementing the Charter amendment approved in 2024 to
provide contracting authority for the City Attorney and City Clerk. This
contracting authority will be for goods or services, not to exceed $25,000 per
vendor per fiscal year.
•Repeal Section 2-107 regarding prohibited campaign contributions because the
prohibited conduct is already covered by state law (Levine Act).
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. These funds are already budgeted for in the
Human Resources General Fund account in the current fiscal year. The estimated cost
of the additional meeting per month totals $64,800 from the General Fund for FY 25/26.
The proposed FY25/26 budget will include sufficient recurring allocations for two
meetings per month.
Fiscal Year Account Estimated Amount
24/25 01109050 62300 Contracted Services – Professional $13,575
24/25 01109050 62302 Contracted Services – Personnel $2,100
24/25 01109050 63001 Miscellaneous Operating Expenses $525
Total 24/25 $16,200
25/26 01109050 62300 Contracted Services – Professional $54,300
25/26 01109050 62302 Contracted Services – Personnel $8,400
25/26 01109050 63001 Miscellaneous Operating Expenses $2,100
Total 25/26 $64,800
Omnibus Amendments to Chapter 2 of the Santa Ana Municipal Code
April 15, 2025
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Sections 2-748 and 2-749 [New] City Manager, City Clerk, and City Attorney
Contracting 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 Campaign 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. Ordinance
Submitted By: Sonia Carvalho, City Attorney
Approved By: Alvaro Nuñez, City Manager
Ordinance No. NS-XXX
Page 1 of 5
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:
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 for public inspection.
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:
Sec. 2-331.5. - Meetings.
The personnel board shall meet twice a month on the second and fourth
Thursdays, provided there is business on the agenda to come before it and may hold up
to two additional meetings per month.
Ordinance No. NS-XXX
Page 2 of 4
Section 3. The title of Article VII of Chapter 2 of the Santa Ana Municipal Code is
hereby amended as follows:
ARTICLE VII. - CITY MANAGER, 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 :
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
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.
Ordinance No. NS-XXX
Page 3 of 5
(c)Website access and search features.
(1) All agreements approved by the Ccity 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 city manager based on words, phrases, and
dollar amounts.
Section 5. A new section 2-749 is hereby added to Article VII 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.
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.
Ordinance No. NS-XXX
Page 4 of 4
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
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify th e 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