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HomeMy WebLinkAbout1982 Santa Ana Charter - to StateWhen Recorded Mail to Clerk of the Council City of SantaAna 20 Ci," --7 Center Plaza Santa Ana, Ca 92701 83-005212 E ' E.XERPT . C14 REL: ad,9 12/7/82 CERTIFICATE OF PROCEEDINGS HAD AND TAKEN IN ADOPTION OF CHARTER AMENDMENTS BY ELECTORS OF THE CITY OF SANTA ANA AT A AECOF3DED IN OFFICIAL RECORDS SPECIAL MUNICIPAL ELECTION HELD ON OF ORANGE COUNTY, CALIFORNIA NOVEMBER 2, 1982 9 92 AIS JAN 5'88 STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss Lee A. Bradi, C "k Rewder CITY OF SANTA ANA ) We, the undersigned, GORDON BRICKEN, Mayor of the City of Santa Ana, and JANICE C. GUY, Clerk of the Council of said City, do hereby certify and declare as follows: That the City of Santa Ana, in the County of Orange, State of California, is now and at all times herein mentioned was a municipal corporation, duly organized and existing under and pursuant to the provisions of a Charter adopted in accordance with the provisions of the Constitution of the State of California by the electors of said City on the 4th day of November 1952, and thereafter duly approved by Assembly and the Senate of the State of California on January 8, 1953. That on the 2nd day of August, 1982, the City Council of the City of Santa Ana passed and adopted Ordinance NS - 1642, calling for a Special Municipal Election to be held in the City of Santa Ana, on November 2, 1982, for the purpose of submitting to the electors of said City certain measures to appear upon the ballot, proposing certain amendments to the aforesaid Charter. THE FOREGOING DOCUMENT 3SARILL, TRUE & CORRECT COPY OE THE ORIGINAL ON FILE 1,11 THIS 01=FICE. 0 THF OR!ON FILE 1 AFEST: BY OF ARA COIANCI L, 01 Y OF SANTA f1I+ A 19 & 43-005212 That all Notices required to be published were M a d'e A VQ ., 4 41"t /rl regularly published in English and,,Spanish in the official newspaper of the City of Santa Ana in the time provided therefor by the laws of the State, the Charter of the City of Santa Ana, and the Constitution of the State of California; and that copies of said proposed amendments and proposition, the arguments submitted thereon and the City Attorney's Analysis were duly mailed to all electors in the manner and form required by law. That, of the measures submitted to the electors pursuant to the aforesaid ordinance, that measure designated "P" read as follows: CHARTER LANGUAGE. Shall the Charter be amended to bring Charter provisions into conformance with state law, deleting super- fluous language, and revise regulation of political activity, including: - Providing for infraction prosecutions; - Adjusting competitive bidding amount; - Requiring Constitutional oath of office as the only required oath; - Deleting reference to nonexistent Wards 8 and 9; - Deleting certain Charter implementation provi- sions which are no longer required? (Sections amended: 401.1, 420, 421, 703, 904, 1105, Sections deleted: 104, 105, 107, 106, 109.) 2. 83- 00521.2 That the Registrar of Voters of Orange County canvassed the returns of said election and certified 26,167 votes in favor of said measure "P", 11,660 votes opposed, and that as a result of said canvass the City Council declared in its Resolution No. 82--160 that the said measure had been carried. That Sections 401.1, 420, 421, 703, 904, and 1105 of the Charter of the City of Santa Ana are therefore amended to read as set forth in Exhibit A, attached hereto and incorporated herein by reference. That sections 104, 105, 107, 108, and 109 of the Charter of the City of Santa Ana, the texts of which are set forth in Exhibit B, attached hereto and incorporated herein by reference, are therefore repealed. That, also, of the measures submitted to the electors pursuant to the aforesaid ordinance, that measure designated "Q" read as follows: CITY EMPLOYEES. Shall the Charter be amended to provide that the powers, duties and qualifications of the Director of Public Works and the Director of Recreation and Parks be by resolution of the City Council? (Sections deleted: 705, 706.) That the Registrar of Voters of Orange County certified 22,457 votes in favor of said measure "Q", 15,071 opposed, and that as a result of said canvass the City Council 3. 83-005212 declared in its Resolution No. 82-160, that the said measure had been carried. That sections 705 and 706 of the Charter of the City of Santa Ana, the texts of which are set forth in Exhibit B attached hereto and incorporated by reference, are therefore repealed. That, also, of the measures submitted to the electors pursuant to the aforesaid ordinance, that measure designated "R" read as fellows: BOARDS AND COMMISSIONS. Shall the Charter be amended to modify provisions for service on the city's boards and commissions including: - Increasing reporting responsibility of chairpersons; - Increasing responsibility of the Board of Recreation and Parks; - Deleting reference to sex status of members on the Board of Recreation and Parks? -- Providing greater autonomy for the Personnel Board; Increasing responsibility of the Personnel Board? (Sections amended: 904, 907, 908, 911, 912). That the Registrar of Voters of Orange County certified 23,972 votes in favor of said measure "R", 12,761 opposed, and that as a result of said canvass, the City Council 4. 83-005212 declared in its Resolution leo. 82--160,that the said measure had been carried. That sections 904, 907, 908, 911 and 912 of the Charter of the City of Santa Ana are therefore amended to read as set forth in Exhibit A, attached hereto and incorporated herein by reference. That, also, of the measures submitted to the electors pursuant to the aforesaid ordinance, that measure designated "S" read as follows: PERSONNEL PROCEDURES. Shall the Charter be amended to revise rules for selection, com- pensation, promotion and retention of City Personnel, including: - Allowing the City Council more flexibility in setting rules for employee selection; -- Allowing the City Council more flexibility in setting suspension, demotion and layoff procedures? (Sections amended: 1000, 1002, 1004, Sections deleted: 1001, 1003► 100.5, 1006, 1.007, 1008, 1009). That the Registrar of Voters of Orange County certified 18,665 votes in favor of said measure "S", 18,608 opposed, and that as a result of said canvass the City Council declared in its Resolution No. 82-160, that the said measure had been carried. 5. 83-005212 That sections 1000, 1002 and 1004 of the Charter of the City of Santa Ana is therefore amended to read as set forth in Exhibit A, attached hereto and incorporated herein by reference. That sections 1001, 1003, 1005, 1006, 1.007, 1008, and 1009 of the Charter of the City of Santa Ana, the texts of which are set forth in Exhibit B, attached hereto and incorporated herein by reference, are therefore repealed. That, also, of the measures submitted to the electors pursuant to the aforesaid ordinance, that measure designated "T" read as follows: ELECTIONS. Shall the Charter be amended so that the general municipal election is set on the same date as the State's general election? (Sectioris amended: 400, 401.1, 1201.) That the Registrar of Voters of Orange County certified 30,427 votes in favor of said measure "T", 6,921 opposed, and that as a result of said canvass, the City Council declared in its Resolution No, 82-160, that the said measure had been carried. That Sections 400, 401.1 and 1201 of the Charter of the City of ,Santa Ana are therefore amended to read as set forth in Exhibit A, attached hereto and incorporated herein by reference. Al 83-005212 They further declare that the foregoing constitutes a true and correct statement of the proceeding had by the City of Santa Ana and the City Council of said City in the presentation of said amendments to the Charter of the City of Santa Ana and the election held thereon. IN WITNESS WHEREOF we have hereunto set our hands and affixed the official seal of the City of Santa Ana in Santa Ana, California on the ejWp day of �� �_, 1982. • 66eN MAYOR NICE C. GUY LFRK OF THF COUNCIL 7. REL:adg 83-005212 12/8/82 EXHIBIT A TEXT OF AMENDED CHARTER SECTIONS Sec. 400. Number_, selection and terms of members. The city council shall consist of seven (7) members elected at the times and in the manner provided in this charter, each of whom shall serve a term of four (4) years. The term of each member shall begin following such election, at the first regularly scheduled meeting of the city council following certification of election results, and each shall serve except as otherwise provided for in this charter, until his successor is elected and qualified. Each office of council member shall be a separate office and one of such offices shall be assigned to each of the wards of the city. Candidates for each office of council member shall be nominated from such ward by the electors of such ward, but all council members shall be elected by the vote of the electors of the city at large. Sec. 401.1 Order of filling offices. The offices of council member from wards one, three, five and seven shall be filled at the general municipal election held in 1984, and the offices of council member from wards two, four, and six shall be filled at the general municipal election held on April 5, 1983, and in 1986. Thereafter, the offices of council member from wards one, three, five and seven and from wards two, four, and six shall be filled alternately at the general municipal elections held in the years in which the terms of such offices respectively expire. The candidate elected from each ward at each such election shall be the candidate receiving the highest number of votes cast for any candidate from said ward. Sec. 420. Violation and penalty. The city council may make the violation of its ordinances a misdemeanor or .infraction which may be prosecuted in the name of the People of the State of California or may be redressed by civil action and may prescribe punishment for such misdemeanor or infraction in the same manner as provided in the penal code of the State of California as the same now reads or as hereafter amended. Page 1 of 11 83-005212 Sec. 421. Contracts, purchases, public works - Formalities. The city shall not be bound by any contract, except as hereinafter provided, unless the same shall be made in writing by order of the city council and signed by some officer in 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 designated representative. The city council may authorize by the affirmative votes of a majority of its members, any officer of the city to bind the city on contracts in 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 or other valuable consideration furnished the city, in amounts not exceeding five hundred dollars ($500.00) in any one 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 in 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 be 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 any one contract. 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. Every 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) 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. 2 of 11 8-005212 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 work 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 lower cost, and after the adoption of a motion to this effect 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 after publication of notice, shall nevertheless be entered into only after review of such alternative sources of supply or performance as may be available in competition with one another and selection therefrom on the basis of obtaining maximum quality goods, services, or performance at minimum cost. The city manager shall recommend and the city council shall consider and adopt by ordinance rules and regulations governing the contracting and purchasing of all services, supplies, materials, and equipment required by any office, department, agency, officer, or employee of the city government. Nothing contained in this section shall prohibit any contract for public works construction with, or the purchase or acquisition of any materials, supplies, labor, equipment or other valuable consideration from or through, any public or governmental body or agency without compliance with the bidding provisions of this section. Sec. 703. City attorney; qualifications, power and duties. To become eligible for the position of city attorney the person appointed shall be an attorney-at-law duly licensed as such under the laws of the State of California. He shall devote such time to the duties of his office as may be specified in the ordinance or resolution fixing the compensation of such office. He shall have the power and be required to: 3of11 8 3-0'05212 (a) Represent and advise the city council and all city officers in all matters of law pertaining to their offices; (b) Attend all meetings of the city council and give his advice or opinion in writing whenever requested to do so by the city council or by any of the officers and boards of the city; (c) Prepare or approve all proposed ordinances or resolutions for the city, and amendments thereto; (d) Prosecute on behalf of the people such criminal cases for violation of this charter, or city ordinances, and of misdemeanor offenses and infractions arising upon violations of the laws of the state as in his opinion, or that of the city council, or of the city manager, warrant his attention; (e) Represent and appear for the city, any city officer or employee, or former city officer or employee, in any or all actions and proceed- ings in which the city or any such officer or employee, in or by reason of his official capacity, is concerned or is a party; (f) Approve the form of all bonds given to, and all contracts made by, the city, endorsing his approval thereon in writing; (g) On vacating the office, surrender to his successor all books, papers, files, and documents pertaining to the city's affairs. The city council shall have control of all legal business and proceedings and may employ other attorneys to take charge of any litigation or matter or to assist the city attorney therein. Sec. 904. Meetings; chairman. The election of each chairman and vice-chairman 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 chairman or vice --chairman, shall elect one of its members for the unexpired term. The chairman shall have the responsibility for informing the city council of board, commission, or committee actions or inactions and the reasons therefore. 4 of 11 83-005212 Each board or commission, other than the personnel board, shall hold a regular meeting at least once a month with reasonable provision for attendance by the public. The city manager 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 this charter and shall be filed with the clerk of the council for public inspection. The personnel board shall meet monthly, provided there is business on the agenda to come before it. In the event no business is placed on the board's agenda before the Friday preceding the tentative Wednesday meeting date, no meeting need be held; provided, however, that in no event shall more than three months intervene between meetings of such board. Sec. 907. Board of recreation and parks - Membership. The members of the board of recreation and parks shall be appointed from the qualified electors of the city. Seven (7) members shall be appointed as required by this charter. one additional member shall be appointed by the governing board of each school district operating one or more elementary schools located within the City of Santa Ana, except that there shall not be more than four (4) such additional members. If more than four (4) school districts operate elementary schools within the city, appointment of the additional members shall be made by the governing boards of those districts having the largest assessed value of property lying within the City of Santa Ana. No member of the board of recreation and parks shall hold any paid office or employment in the city government. Sec. 908. Same - Powers and duties. The board of recreation and parks shall have power and be required to; (a) Consider matters that may be referred to it by the city council, the city manager, or the director of recreation and parks and render such counsel and advice in regard thereto as may be requested by the referring authorities; and consider all matters regarding programs, usages, or services of the department of recreation and parks other than administrative matters; 5 of 11 8-005212 (b) By its own motion, make such studies and in- vestigations as it may deem necessary for the formulation of recreation and park policies, or to determine the wisdom and efficacy of the policies, plans, and procedures dealing with recreation and park matters and report its findings and recommendations to the city council, the city manager, or the director of recreation and parks, or to any or all such authorities as it may see fit. (c) Recommend to the city council and the city manager as to the acceptance or rejection of offers of donations of money, personal property, or real estate to be used for recreation and park programs; and additionally, it shall make recommendations on the sale, transfer, or usage of existing or future park property; (d) Consider the annual budget during the process of its preparation by the director of recreation and parks and make recommendations with respect thereto to the city manager and the city council; (e) Solicit to the fullest extent possible the cooperation of school authorities and other public and private agencies concerned with recreation and park programs of the city. 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 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. Sec. 912. Same - Powers and duties. to: The personnel board shall have power and be required 6 of 11 8-005212 (a) Hear appeals pertaining to the 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 council or 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 amend- ments to or repeal of civil service rules and regulations in the manner as prescribed by ordinance, and advise the council of its find- ings in such matters within sixty (60) days. Sec. 1000. Civil service system. A civil service system shall be as follows in addition to necessary rules of implementation to be established by ordinance and as may be recommended by the personnel board: (a) That the most qualified and competent employees shall be appointed and promoted, based upon fair and equitable competition for the positions to ensure the highest quality city government. (b) That no political or other outside influences shall affect appointments or promotions. (c) That there shall be equal opportunity for all persons regardless of age► sex, race, religion, creed, marital status, physical handicap, or national origin. (d) That there is equitable treatment of all civil service employees in matters of discipline, lay-- off or dismissal from the city service. 7 of 11 83-005212 The system should be established in such a manner to ensure the accomplishment of the foregoing standards in appointments, promotions, discipline, lay-offs or dismissals of civil service employees. The civil service rules and regulations shall provide for such matters as the city council and the personnel board may deem necessary, proper or expedient to carry out the intent and purpose of the civil service provisions of this Charter. These rules and regulations shall provide: (a) Preference for veterans for appointment to civil service positions consistent with the principle of merit. (b) Vacancies in positions of the higher classes in the civil service of the city shall be filled with preference to employees occupying positions of lower classes having duties and respon- sibilities which can reasonably be considered as affording training and experience for the performance of the duties of the higher class. (c) That persons achieving eligibility for a position in the civil service shall retain that eligible status for a time sufficient to offer an opportunity to be appointed to a position in the civil service. (d) That the right to exercise disciplinary and dismissal powers is vested respectively in the officers of the City who have the power of appointment as to any position in the personnel system. Actions relating to sus- pension, demotion or dismissal for reasonable and sufficient cause may be taken by the officer having the power of appointment to the position. 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; 8 of 11 8 3--0.05212 (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 not otherwise specified herein, and the chief administrative officer of the com- munity redevelopment agency of the City of Santa Ana, and of the housing authority of the City of Santa ana, but not including the police chief or the .fire chief; (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 not affect the the tenure of any person whose appointment has become sinal under civil service. (13) Part --time positions or employments requir- ing less than twenty (20) regular hours of employment per week, 9 of 11 83,-005212 (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. (c) In the event an officer or employee of the city holding a position in the civil service is appointed to a position in the excepted service and should subsequently be removed therefrom, he shall revert to his former position in the civil service without loss of any rights or privileges and upon the same terms and conditions as if he had remained in said position continuously. Sec. 1004. Position Classification and pay plan. The city manager shall prepare, install and maintain a position classification and pay plan covering all positions in botb the civil and the excepted services of the city, subject to civil service rules and regulations and the approval of the city council. The city manager shall develop the pay plan, after meeting and conferring with employees' organizations as required by .law. Sec. 1105. Oath of office. Each member of the city council and of every board and commission and each officer and full --time employee shall, before entering upon the duties of his office, take and subscribe an oath or affirmation as prescribed by law and to be filed and kept in the office of the director of personnel. 10 of 11 83-005212 Sec. 1201. General municipal. General, municipal elections for the election of officers and for such other purposes as the city council may prescribe shall he held in the City of Santa Ana on the first Tuesday after the first Monday in November in each even numbered year. However, in the event the state legislature hereafter prescribes a different day for holding of the statewide general election, general municipal elections shall be held upon such day as prescribed for the statewide general election. 11 of 11 83-0052.2 EXHIBIT B TEXT OF REPEALED CHARTER SECTIONS Sec. 104. Continuance of present officers and employees. All officers and employees of the city at the time this charter takes effect shall continue in the performance of their duties until provision shall have been made in accord- ance with this charter for the performance or discontinuance of such duties. Sec. 105. Transfer of records and property. All records, property, and equipment of any office, depart- ment, or agency, or part thereof, all of the powers and duties of which are assigned to any other office, department, or agency by this charter, shall be transferred and delivered to the office; department, or agency to which such powers and duties are so assigned If part of the powers and duties of any office, department, or agency, or part thereof is by this charter assigned to another office, department, or agency, all records, property, and equipment relating exclusively thereto shall be transferred and delivered to the office, depart- ment, or agency to which such pourers and duties are so as- signed. Sec, 107. Ordinances continued in effect. All ordinances and resolutions and all rules, regulations, and orders legally made by any office, department, agency, or officer of the city. in force at the effective date of this charter, and not inconsistent herewith, shall remain in force until amended, repealed, or superseded as provided herein. Sec, 1K Continuance of contracts and public improvements. All contracts entered into by the city, or for its benefit, prior to the taking of effect of this charter, shall continue in full force and effect. Public improvements for which legis- lative steps have been taken under laws existing at the time this charter takes effect may be carried to completion as nearly as practicable in accordance with the provisions of exipting laws or may be continued or perfected under this charter. Sec. 109. Fending actions and proceedings. No action or proceeding. civil or criminal, pending at the time when this charter shall take effect, brought by or against the city or any office, department, agency, or officer thereof. shall be affected or abated by the adoption of this charter or by anything it contains; but all such actions or proceedings may be continued notwithstanding that functions, powers, and duties of any office, department, agency, or officer party thereto may by or under this charter be assigned or trans- ferred to another office, department, agency, or office, but in that event the same may be prosecuted or defended by the head of the office, department, or agency to which such functions, powers, and duties have been assigned or transferred by or under this charter. 1 .of 8