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ORDINANCE NO. NS-XXX <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY <br />OF SANTA ANA AMENDING SECTION 2-105 OF THE <br />SANTA ANA MUNICIPAL CODE TO PROHIBIT <br />ABSTENTIONS UNLESS LEGALLY REQUIRED, TO <br />REQUIRE UNAUTHORIZED ABSTENTIONS TO BE <br />COUNTED AND RECORDED AS A VOTE WITH THE <br />MAJORITY, AND TO DESCRIBE THE CONFLICT <br />DISQUALIFICATION PROCESS <br />THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS <br />FOLLOWS: <br />Section 1. The City Council of the City of Santa Ana hereby finds, <br />determines, and declares as follows: <br />A. The City of Santa Ana seeks to ensure that the Mayor and Members <br />of the City Council, elected to carry out the business of the City, act upon all <br />agenda items presented for consideration. <br />B. The California Political Reform Act and regulations promulgated <br />thereunder by the Fair Political Practices Commission require the Mayor and <br />Councilmembers to disclose conflicts of interest, and new rules require <br />disclosure when an elected official is absent for only a portion of a meeting <br />where the member has a conflict on an agenda item. <br />C. If the Mayor or a Councilmember does not have a legally <br />disqualifying conflict of interest, he or she should not be permitted to refrain <br />from voting on an item requiring a vote. <br />D. Since 1952, the Santa Ana Municipal Code has stated in pertinent <br />part that "no member of the council shall abstain from any vote unless <br />disqualified." However, because there is no practical way to enforce this <br />charter provision, the City Council desires to provide that an abstention will be <br />counted and recorded as a "yes" vote. <br />Section 2. Pursuant to the California Environmental Quality Act ("CEQA") and <br />the State CEQA Guidelines, the adoption of this ordinance is exempt from CEQA review <br />pursuant to 14 California Code of Regulations section 15061(b)(3). <br />Section 3. Section 2-105 of Article II (City Council) of Chapter 2 <br />(Administration) of the Santa Ana Municipal Code is hereby amended to read in its <br />entirety as follows: <br />Ordinance No. NS-XXX <br />City Council 12 — 3 3/15/fM� of <br />