Item 21 - Omnibus Amendments to Chapter 2 of the Santa Ana Municipal Code

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Omnibus Ordinance Amendment April 1, 2025 Page 3 4 9 4 2 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, SB 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. Account Fiscal Year Estimated Amount 01109050 62300 Contracted Services – Professional 24/25 $13,575 01109050 62302 Contracted Services – Personnel 24/25 $2,100 01109050 63001 Miscellaneous Operating Expenses 24/25 $525