HomeMy WebLinkAbout65A - RPT - CHARTER AMENDMENTSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 15, 2014
TITLE:
SUBMISSION TO THE VOTERS AT THE
NOVEMBER 4, 2014 MUNICIPAL ELECTION:
PROPOSED CHARTER AMENDMENTS
REGARDING DEPARTMENT HEADS AND
CIVIL SERVICE; CREATION OF ETHICS
COMMISSION, CITY COUNCIL
COMPENSATION; AND LEGAL DEFENSE
FUND AND CAMPAIGN CONTRIBUTION
LIMITATIONS
!/ 2 - (��
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 15' Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt a resolution giving notice of the City's general municipal election to be held in the City of Santa
Ana on November 4, 2014 for the submission of questions to the voters relating to changes in the
City Charter regarding Department Heads and Civil Service (Charter Section 1002. Civil service and
excepted service.), City Council Compensation (Charter Section 402. Compensation of members.)
and Campaign Contribution Limitations (Charter Section 425. Disqualification due to campaign
contributions and Section 1206. Campaign contribution limitation.); and requesting Board of
Supervisors to consolidate election with the Statewide General Election.
2. Adopt a resolution on ballot questions.
3. Adopt a resolution authorizing submittal of written arguments for or against the various proposed City
Charter and Municipal Code Amendments.
4. Approve guidelines for preparation of arguments for or against the proposed City Charter and
Municipal Code Amendments, fix the date for the submission of Direct Arguments and Rebuttal
Arguments, and post the notice for the argument process in accordance with the provisions of the
California State Elections Code.
5. Authorize the City Attorney to prepare an Impartial Analysis for each of the proposed City Charter
Amendments to be submitted for consideration by the voters.
6. Direct staff to process all other documents required to proceed with the proposed City Charter
Amendments.
65A -1
Proposed Charter Amendments
July 15, 2014
Page 2 of 2
DISCUSSION
On May 20, 2014, the City Council directed staff to prepare necessary documents to place the proposed
City Charter and Municipal Code Amendments on the ballot for the November 4, 2014 Election, as
recommended by an ad hoc committee. The committee discussed the draft language proposals and
approved the proposed questions presented herein.
The California Elections Code requires the adoption of the attached resolutions in order to place ballot
measure questions before the voters on the November 4, 2014 ballot. The attached resolutions will
allow voters to consider ballot questions as included in the resolution.
The attached resolutions also permit the filing of written arguments in favor of or against such measure
by members of the City Council, any individual voter eligible to vote on the measure, a bona fide
association of such citizens or any combination thereof, and establishes deadlines for submission of
such arguments to the Clerk of the Council. The Elections Code specifies that 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 procedures for filing ballot arguments are detailed in the Elections Code. 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 a 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 §9280). The analysis is printed in the Voter Information
Pamphlet preceding the arguments for and against the measure.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability,
Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement
initiative to expand access to information and create opportunities for stakeholders to play an active role
in discussing public policy and setting priorities).
FISCAL IMPACT
The cost to consolidate the General Municipal Election is estimated to be $225,000. Funds for these
administrative costs are available in the General Non - Departmental, Contractual Services account no.
01105015 62300, FY 2013 -2014 and 2014 -2015.
APPROVED AS TO FUNDS AND ACCOUNTS
-i twsmr i ®r .A �)
Francisco Gutierrez,
Executive Director
Finance & Management Services Agency
Attachments 1 -4 (labeled)
65A -2
EXHIBIT 1
RESOLUTION REQUESTING
CONSOLIDATION WITH THE COUNTY
65A -3
RESOLUTION NO. 2014 -XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA GIVING NOTICE OF A GENERAL MUNICIPAL
ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON
NOVEMBER 4, 2014 FOR THE SUBMISSION TO THE
VOTERS OF QUESTIONS RELATING TO THE
AMENDMENT OF THE CITY CHARTER AND
AMENDMENTS TO THE SANTA ANA MUNICIPAL CODE
IN REGARD TO DEPARTMENT HEADS AND CIVIL
SERVICE, CREATION OF AN ETHICS COMMISSION,
CITY COUNCIL COMPENSATION AND BENEFITS AND
CAMPAIGN CONTRIBUTION REGULATIONS AND
REQUESTING THE BOARD OF SUPERVISORS OF
ORANGE COUNTY TO CONSOLIDATE THE GENERAL
MUNICIPAL ELECTION WITH THE STATE'S GENERAL
ELECTION
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 4,
2014, for the purpose of voting on the following proposed amendments to
the City Charter and related Santa Ana Municipal Code provisions and
these measures shall be submitted to the voters:
Measure _: Shall the Santa Ana Charter be amended to create a
Citizens Ethics Commission; reduce contributions for legal defense
funds; limit campaign contributions, repeal disqualification and
prohibition provisions consistent with the California Political Reform Act
and Fair Political Practices Commission; and effective January 1,
2015, establish and restrict the salary of Councilmembers and Mayor
in accordance with California Government Code sections 36516 and
36516.1 and AB1234 ethics law to provide benefits and expense
reimbursements?
Measure _: Shall the Santa Ana Charter be amended to provide that
all executive management positions are at -will and not covered by civil
service and further provide that individuals promoted from a civil
Resolution No. 2014 -XXX
65A-4 Page 1 of 8
service position to at -will position do not have the right to revert back to
their former civil service position?
B. There will be a statewide general election held on November 4, 2014.
C. It is desirable that said general election of the City of Santa Ana be
consolidated with the 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, and that the Board of Supervisors of the
County of Orange canvass the returns of both elections, in all respects as
if there were only one election.
Section 2. That pursuant to the requirements of 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 of the November 4, 2014
general election of the City of Santa Ana for the purpose of voting on a ballot measure
relating to proposed charter amendments with the statewide general election to be held
on the same date. The election will be held and conducted in accordance with the
provisions of law regulating the statewide election.
Section 3. The Board of Supervisors of the County of Orange is hereby
authorized to canvass the returns of said general 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.
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 6. 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 , 2014.
Miguel A. Pulido
Mayor
Resolution No. 2014 -XXX 65A -5
Page 2 of 8
APPROVED AS TO FORM:
m
Sonia R. Carvalho,
City Attorney
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Resolution No. 2014 -XXX to be the original resolution adopted by the City
Council of the City of Santa Ana on
Date:
Maria D. Huizar,
Clerk of the Council
Resolution No. 2014 -XXX
65A-6 Page 3 of 8
EXHIBIT A TO CITY COUNCIL RESOLUTION RE VARIOUS CITY CHARTER AND
MUNCIPAL CODE AMENDMENTS
TEXT OF CHARTER AMENDMENT RELATED TO AT -WILL EMPLOYMENT
The City Charter for the City of Santa Ana is hereby amended as follows:
DEPARTMENT HEADS AND CIVIL SERVICE
Sec. 1002. Civil service and excepted service.
The civil service system of the City shall cover all employees of the City
not excepted by this section.
(a) The excepted service shall comprise the following offices and
positions:
(1) The individual offices held by all elective officers;
(2) The City Manager and his assistants, if any;
(3) The City Attorney and his legal assistants, if any;
(4) The Clerk of the Council;
(5) The director of finance;
(6) The director of personnel, if any;
(7) The head of each department of the City, net a ;e, : fisa
Onenified hefein aPA and the chief administrative officeref-
A^. and of the housing authority of the City of Santa Ana-
;
(8) One private secretary to the City Manager;
(9) All members of boards and commissions;
(10) Positions occupied by persons employed to render
professional, scientific, technical, or expert service of an
occasional and exceptional nature;
(11) Positions in any class or grade created for a special or
temporary purpose, and which are to exist for a period of not
longer than ninety (90) days;
(12) Positions of any class or grade exempted from the civil
service for a maximum of six (6) months in any calendar
year provided that the personnel board upon application of
the City Manager and after public notice and hearings
recommends to the City Council such exemption and the
City Council grants such exemption by motion adopted by
two- thirds ( 2/3) of its members. Any such exemption shall
Resolution No. 2014 -XXX 65A -7
Page 4 of 8
not affect the tenure of any person whose appointment has
become final under civil service;
(13) Part-time positions or employments requiring less than
twenty (20) regular hours of employment per week;
(14) School crossing guards;
(15) All positions occupied by persons employed to replace
employees ordered to active duty, enlisted, or drafted for
military service during a national emergency or when this
country has declared war and until the expiration of the time
when such replaced employee could demand his former
position of employment under federal or state statutes.
(b) The civil service shall comprise all positions not specifically
included by this section in the excepted service.
2. TEXT OF CHARTER AMENDMENTS AND MUNICIPAL CODE REVISIONS
RELATED TO CREATION OF ETHICS COMMISSION, COUNCIL
COMPENSATION AND BENEFITS AND CAMPAIGN LIMITATIONS
The City Charter for the City of Santa Ana is hereby amended as follows:
CITIZENS ETHICS COMMISSION
Sec. 401.07. Ethics Commission.
The City of Santa Ana shall adopt an Ethics Commission to monitor, review and
enforce the City of Santa Ana Code of Ethics and Conduct. This Ethics
Commission shall be an independent body separate from the City with its own
staff and legal counsel. Said Ethics Commission, along with its specific powers,
duties and responsibilities, shall be established by ordinance of the City Council
within six months of the effective date of this Charter section.
65A -8 Resolution No. 2014 -XXX
Page 5 of 8
CAMPAIGN CONTRIBUTION REGULATIONS
Sec. 1206.05. Legal Defense Fund contribution limitation.
No person shall make, and no candidate for mayor or City Council or campaign
treasurer shall solicit or accept, any contribution or loan which would cause the
total amount contributed or loaned by that person to that candidate's legal
defense fund to exceed one thousand dollars ($1,000.00) in any election cycle;
provided, however, that the City Council may, by ordinance, adjust such limit to
reflect changes in the consumer price index; and provided further that nothing
herein shall apply to a candidate's contribution of his or her personal funds to his
or her own legal defense account. As used herein, "election cycle" means the
period of time between the date of an election to the office of mayor or
councilmember and the date of the next election to the same office. The
candidate's legal defense account must be maintained in accordance with
California Code of Regulations section 18530.45, including all requirements
regarding establishment of the committee, recordkeeping, and reporting provided
in subdivisions (c), (e), and (f) respectively.
Santa Ana Municipal Code Section 2 -107 is hereby repealed and deleted:
Resolution No. 2014 -XXX 65A -9
Page 6 of 8
1111111EASNIQUAII 11111:11,11=111,
11�
"III
...
Sec. 1206.05. Legal Defense Fund contribution limitation.
No person shall make, and no candidate for mayor or City Council or campaign
treasurer shall solicit or accept, any contribution or loan which would cause the
total amount contributed or loaned by that person to that candidate's legal
defense fund to exceed one thousand dollars ($1,000.00) in any election cycle;
provided, however, that the City Council may, by ordinance, adjust such limit to
reflect changes in the consumer price index; and provided further that nothing
herein shall apply to a candidate's contribution of his or her personal funds to his
or her own legal defense account. As used herein, "election cycle" means the
period of time between the date of an election to the office of mayor or
councilmember and the date of the next election to the same office. The
candidate's legal defense account must be maintained in accordance with
California Code of Regulations section 18530.45, including all requirements
regarding establishment of the committee, recordkeeping, and reporting provided
in subdivisions (c), (e), and (f) respectively.
Santa Ana Municipal Code Section 2 -107 is hereby repealed and deleted:
Resolution No. 2014 -XXX 65A -9
Page 6 of 8
CITY COUNCIL COMPENSATION AND BENEFITS
Sec. 402. Compensation and Benefits of members.
Canh m ether of the City Ge n'1 shall r sa+'en fer his or
her senrines as „nh n on+hl.y salary in the sum of ene hundred and twenty fiv
dollars ($125.00). Thomember elen+ed +e fill the offlne of ma.yer shall r e the
nddifionnl a n+ of seven ty five dollars ($75.00) fer eanh men+h said member eaGh member of the City Council shall
shall foil the office of mayor.
ronoivo r mbi i rsomon+ far re Further,
and n +her ovnenses while n nffini of
bus'Ress of the City as authorized and approved by the City Gaun
Each City Council Member and the Mayor shall receive compensation for
his or her services and shall receive health and welfare benefits, along with
reimbursement or an allowance for their necessary and actual expenses. The
City Council and Mayor compensation shall be calculated in accordance with the
amount set forth in the schedule of California Government Code section 36516
and increased for the Mayor per section 36516.1. Compensation, health and
welfare benefits and fixed allowances shall be fixed by ordinance for the Mayor
and Council Members. Amendments to each must be adopted by not fewer than
five affirmative votes of the City Council, after a noticed, public hearing, notice of
which has been given by publication at least fourteen days prior to such hearing.
Increases in Council Member or Mayor compensation must also conform to the
restrictions and requirements of the Government Code provisions cited above.
Once a level of compensation, benefits or allowances for City Council
members and the Mayor is established, such level will not be permitted to
change automatically by linking such compensation to internal or external factors.
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.
65A -1 Resolution No. 2014 -XXX
Page 7 of 8
io
CITY COUNCIL COMPENSATION AND BENEFITS
Sec. 402. Compensation and Benefits of members.
Canh m ether of the City Ge n'1 shall r sa+'en fer his or
her senrines as „nh n on+hl.y salary in the sum of ene hundred and twenty fiv
dollars ($125.00). Thomember elen+ed +e fill the offlne of ma.yer shall r e the
nddifionnl a n+ of seven ty five dollars ($75.00) fer eanh men+h said member eaGh member of the City Council shall
shall foil the office of mayor.
ronoivo r mbi i rsomon+ far re Further,
and n +her ovnenses while n nffini of
bus'Ress of the City as authorized and approved by the City Gaun
Each City Council Member and the Mayor shall receive compensation for
his or her services and shall receive health and welfare benefits, along with
reimbursement or an allowance for their necessary and actual expenses. The
City Council and Mayor compensation shall be calculated in accordance with the
amount set forth in the schedule of California Government Code section 36516
and increased for the Mayor per section 36516.1. Compensation, health and
welfare benefits and fixed allowances shall be fixed by ordinance for the Mayor
and Council Members. Amendments to each must be adopted by not fewer than
five affirmative votes of the City Council, after a noticed, public hearing, notice of
which has been given by publication at least fourteen days prior to such hearing.
Increases in Council Member or Mayor compensation must also conform to the
restrictions and requirements of the Government Code provisions cited above.
Once a level of compensation, benefits or allowances for City Council
members and the Mayor is established, such level will not be permitted to
change automatically by linking such compensation to internal or external factors.
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.
65A -1 Resolution No. 2014 -XXX
Page 7 of 8
Santa Ana Municipal Code Section 2.103 is hereby added to read as follows:
Sec. 2 -103. Mayor and City Council Members Compensation and Benefits
In accordance with City Charter Section 402 the compensation of the Mayor shall
be $1,100 per month and the compensation of the City Council Members shall be
$1,000. The Mayor and City Council Members shall also receive those health
and welfare benefits and allowances for actual expenses as are provided to the
City's Executive Management Team members effective as of June 3, 2014. No
adjustments to the compensation, benefits or allowances provided for herein
shall be made without first complying with the restrictions and requirements of
City Charter Section 402.
Resolution No. 2014 -XXX 65A -11
Page 8 of 8
65A -12
EXHIBIT 2
RESOLUTION WITH BALLOT
QUESTIONS
65A -13
RESOLUTION NO. 2014 -XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA SETTING FORTH THE LANGUAGE OF
BALLOT TITLES FOR CITY CHARTER AMENDMENTS
REGARDING DEPARTMENT HEADS AND CIVIL
SERVICE, CREATION OF AN ETHICS COMMISSION,
CITY COUNCIL COMPENSATION AND CAMPAIGN
CONTRIBUTION LIMITATIONS TO BE INCLUDED ON
THE BALLOT FOR THE 2014 GENERAL MUNICIPAL
ELECTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
SECTION 1. By Resolution No. 2014 -XXX, the City Council of the City of Santa
Ana has called for a General Municipal Election to be held on November 4, 2014 and
submitted to the voters amendments to sections of the Santa Ana City Charter and
Santa Ana Municipal Code.
SECTION 2. The California Elections Code directs that the City Council approve
the form of the ballot questions to be submitted to the voters and the City Council of the
City of Santa Ana desires, on its own motion, to submit to the voters of the City
questions relating to Department Heads and Civil Service, creation of an Ethics
Commission, Limits on Contributions to Legal Defense Funds, City Council
Compensation and Campaign Contribution Limitations, to be submitted to the voters at
the General Municipal Election to be held on Tuesday, November 4, 2014.
SECTION 3. The Resolution shall be proposed as follows, with identification as
determined in accordance with the California Elections Code:
Measure Ethics Commission, Compensation and YES
Campaign Limitations Charter Reform
Shall the Santa Ana Charter be amended to create a
Citizens Ethics Commission; reduce contributions for legal
defense funds; limit campaign contributions, repeal NO
disqualification and prohibition provisions consistent with
the California Political Reform Act and Fair Political
Practices Commission; and effective January 1, 2015,
establish and restrict the salary of Councilmembers and
Mayor in accordance with California Government Code
sections 36516 and 36516.1 and AB1234 ethics law to
provide benefits and expense reimbursements?
65A -14 Resolution No. 2014 -XXX
Page 1 of 2
Measure : Charter Amendment Concerning At -Will YES
Employment
Shall the Santa Ana Charter be amended to provide that all
executive management positions are at -will and not
covered by civil service and further provide that individuals NO
promoted from a civil service position to at -will position do
not have the right to revert back to their former civil service
position?
Section 4. 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 2014.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
By:
Sonia R. Carvalho,
City Attorney
AYES:
Councilmembers:
NOES:
Councilmembers:
ABSTAIN:
Councilmembers
NOT PRESENT:
Councilmembers:
Resolution No. 2014 -XXX 65A -15
Page 2 of 2
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Resolution No. 2014 -XXX to be the original resolution adopted by the City
Council of the City of Santa Ana on
Date:
Maria D. Huizar,
Clerk of the Council
65A -1 6 Resolution No. 2014 -XXX
Page 3 of 2
EXHIBIT 3
RESOLUTION AUTHORIZING
WRITTEN ARGUMENTS
65A -17
RESOLUTION NO. 2014 -XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING WRITTEN ARGUMENTS FOR
OR AGAINST THE PROPOSED CHARTER AMENDMENTS
TO BE PLACED ON THE BALLOT OF THE GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 4, 2014
WHEREAS, California Elections Code Section 9282 authorizes the filing of
written arguments for or against City measures, and Elections Code Section 9287
establishes priorities for filing written arguments in favor of and against City measures;
and
WHEREAS, on July 15, 2014, the City Council adopted Resolution No. 2014-
_- authorizing the calling and placement on the ballot a proposed Charter
Amendments to be submitted to the electors at the November 4, 2014 general municipal
election; and
WHEREAS, the City Council desires to authorize the filing of written arguments
for and /or against the adoption of the following ballot question proposing amendments
to the Santa Ana City Charter by the Mayor and /or other members of the City Council in
accordance with Elections Code section 9282(b):
Measure _: Ethics Commission, Compensation and Campaign
Limitations Charter Reform
Shall the Santa Ana Charter be amended to create a
Citizens Ethics Commission; reduce contributions for legal
YES
defense funds; limit campaign contributions, repeal
NO
disqualification and prohibition provisions consistent with
the California Political Reform Act and Fair Political
Practices Commission; and effective January 1, 2015,
establish and restrict the salary of Councilmembers and
Mayor in accordance with California Government Code
sections 36516 and 36516.1 and AB1234 ethics law to
provide health and welfare benefits and expense
reimbursements?
Resolution No. 2014 -XXX
Page 1 of 3
65A -18
Measure _• Charter Amendment Concerning At -Will
YES
Employment
Shall the Santa Ana Charter be amended to provide that all
executive management positions are at -will and not
covered by civil service and further provide that individuals
NO
promoted from a civil service position to at -will position do
not have the right to revert back to their former civil service
position?
NOW, THEREFORE, the City Council of the City of Santa Ana hereby finds,
determines and declares as follows that:
Section 1. The foregoing recitals are true and correct and are hereby
incorporated by reference.
Section 2. Authorization to Submit Arguments. Section 9282(b) of the
Elections Code of the State of California provides that in a local election, the legislative
body may authorize any member(s) of the City Council to write arguments for or against
any measure placed on the ballot by the City Council. The City Council hereby
authorizes the Mayor and /or City Council members to prepare and file written
arguments in favor of or against the proposed ordinance described above
Section 3. Authors. That, in accordance with Section 9283 of the Elections
Code, the printed names and signatures of not more than five authors shall appear with
any argument submitted in accordance with this resolution.
Section 4. Argument not to exceed 300 words. That, in accordance with
Section 9282(c) of the Elections Code, any written argument in favor of or against the
proposed ordinance described above shall not exceed 300 words.
Section 5. City Council Preference and Priority. The City Council hereby
authorizes and directs the Clerk of the Council to give preference and priority to any
written argument for or against the City ordinance set forth above that includes a
member or members of the City Council (up to five members), and then to other
arguments as set forth in California Elections Code section 9287.
Section 6. Deadline for Arguments. In accordance with California Elections
Code section 9286(b), the deadline for filing with the City Clerk (and changing or
Resolution No. 2014 -XXX
Page 2 of 3
65A -19
withdrawing) arguments for or against the proposed ordinance described above shall be
set as prescribed by law.
Section 7. Certification. 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 , 2014.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho,
City Attorney
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Resolution No. 2014 -XXX to be the original resolution adopted by the City
Council of the City of Santa Ana on
Date:
65A -20
Maria D. Huizar,
Clerk of the Council
Resolution No. 2014 -XXX
Page 3 of 3
EXHIBIT
ARGUMENT GUIDELINES
65A -21
City of Santa Ana £';
NOTICE OF ELECTION
2014 General Municipal Election
November 4, 2014
REGARDING PROPOSED CHARTER AMENDMENTS
TO BE VOTED ON
CITY OF SANTA ANA, CALIFORNIA
NOTICE IS HEREBY GIVEN that the following proposed charter amendments will be
voted on at the General Municipal Election to be held in the City of Santa Ana, California on
Tuesday, the fourth (4t") day of November 2014:
Measure _: Ethics Commission, Compensation and Campaign YES
Limitations Charter Reform
Shall the Santa Ana Charter be amended to create a Citizens
Ethics Commission; reduce contributions for legal defense funds;
limit campaign contributions, repeal disqualification and NO
prohibition provisions consistent with the California Political
Reform Act and Fair Political Practices Commission; and
effective January 1, 2015, establish and restrict the salary of
Councilmembers and Mayor in accordance with California
Government Code sections 36516 and 36516.1 and AB1234
ethics law to provide benefits and expense reimbursements?
Measure Charter Amendment Concerning At -Will YES
Employment
Shall the Santa Ana Charter be amended to provide that all
executive management positions are at -will and not covered by
civil service and further provide that individuals promoted from a NO
civil service position to at -will position do not have the right to
revert back to their former civil service position?
65A -22
TIME LIMIT TO SUBMIT BALLOT ARGUMENTS
(California Elections Code §9280 -9287)
PLEASE TAKE NOTICE that Arguments with respect to the following ballot measure will
be received according to the following procedures:
1. The City Council or any member(s) of the Council authorized by the City Council, or bona
fide association of citizens, or any individual voter who is eligible to vote on the Measure,
or any combination of voters and associations, may file a written argument for or against
the measure on the ballot. No argument shall exceed 300 words in length.
2. A ballot argument shall not be accepted unless accompanied by the name(s) of the
person(s) submitting it, or, if submitted on behalf of an organization, the name of the
organization and the name of at least one of its principal officers.
3. No more than five authors may sign any argument. If an argument is signed by more
than five individuals, the names of only the first five persons signing, determined by the
order in which their signatures appear, shall be printed on the argument appearing in the
Voter Information Pamphlet.
4. The Clerk of the Council shall cause an argument for and an argument against the
measure, if submitted, to be printed and shall transmit the arguments to the qualified
electors in addition to any necessary ballot materials. Arguments for and against the
measure shall be submitted to the Office of the Clerk of the Council, 20 Civic Center
Plaza, Santa Ana, California 92701, not later than 14 days after City Council calls for the
Election.
5. Arguments may be changed or withdrawn by their authors by specified date.
6. Printed arguments submitted to the voters shall be titled either "Argument In Favor of
Measure_" or "Argument Against Measure_ ", accordingly. The blank space will be
assigned a number or letter by the Orange County Registrar of Voters. Words used in
the title shall not be counted when determining the length of the argument.
7. If more than one argument for or more than one argument against the ballot measure is
submitted to the Clerk of the Council within the time prescribed above, the Clerk of the
Council shall select one of the arguments for printing and distribution to voters. In such
selection, preference and priority shall be given as follows: 1) member(s), of the
legislative body authorized by that body, 2) bona fide associations of citizens, and, 3)
individual voters who are eligible to vote on the measure. If more than one argument for
a measure is received from individuals or groups with the same preference and priority,
the first argument submitted to the Clerk of the Council will be selected if no other
arguments from an individual or group with a higher priority are received.
8. At the time of filing an argument, a certificate is also required that states that the facts
contained in the argument are true and correct. The certificate must be signed by each
author of the argument. (A certificate form is available from the Clerk of the Council)
9. Copies of arguments for and against the measure shall be open for public examination at
the Clerk of the Council Office, 20 Civic Center Plaza, Santa Ana, California, 92701
65A -23
during normal business hours (Monday through Thursday and alternate Fridays, 8:00
A.M. to 5:00 P.M.) during the Public Review Period. Any individual may obtain a copy of
such materials for use outside of said office. A fee, not to exceed the actual costs
incurred in providing such copies, will be charged at the time of provision of such copies.
10. Questions concerning this notice shall be directed to the Clerk of the Council, City of
Santa Ana, telephone number (714)647 -6520.
11. Copies of the text of the Proposed Charter Amendment to be submitted to the voters of
the City of Santa Ana may be obtained from the Clerk of the Council, telephone number
(714) 647 -6520.
65A -24
WORD COUNT STANDARDS
(Elections Code §9)
§9.(a) Counting of words, for purposes of the Elections Code, shall be as follows:
(1) Punctuation is not counted.
(2) Each word shall be counted as one word except as specified in the Elections
Code section.
(3) All geographical names shall be considered as one word; for example, "City
and County of San Francisco" shall be counted as one word.
(4) Each abbreviation for a word, phrase, or expression shall be counted as one
word.
(5) Hyphenated words that appear in any generally available standard reference
dictionary, published in the United States at any time within the 10 calendar
years immediately preceding the election for which the words are counted,
shall be considered as one word. Each part of all other hyphenated words shall
be counted as a separate word.
(6) Dates consisting of a combination of words and digits shall be counted as two
words. Dates consisting only of a combination of digits shall be counted as
one word.
All Digits (8/08/07) one word
Words and digits (August 8, 2007) two words
(7) Any number consisting of a digit or digits shall be considered as one word.
Any number which is spelled, such as 'one," shall be considered as a separate
word or words. "One" shall be counted as one word whereas 'one hundred"
shall be counted as two words. "100" shall be counted as one word.
(8) Telephone numbers shall be counted as one word.
(9) Internet web site addresses shall be counted as one word.
If the text exceeds the word limit, the author must delete or change a sufficient number of words,
or a sentence, to put the statement within the required word limit before the statement is filed.
The author should correct any misspellings before the statement is filed.
65A -25
65A -26