HomeMy WebLinkAbout65A - CHARTER REVIEWREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 2, 2020
TITLE:
REVIEW PROPOSED CHARTER
AMENDMENTS FROM THE AD HOC
CHARTER REVIEW COMMITTEE
AND PROVIDE DIRECTION TO
STAFF
CLERK OF COUNCIL USE ONLY:
As Recommended
As Amended
Ordinance on 1" Reading
Ordinance on 2ntl Reading
Implementing Resolution
Set Public Hearing For_
CONTINUED TO
s/ Kristine Ridge FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Review the proposed Charter amendments from the Ad Hoc Charter Review Committee and
provide direction to staff.
DISCUSSION
Background
The City of Santa Ana is governed through a Charter authorized by the California Constitution. The
Charter is a vital document which establishes a degree of autonomy to local governments and
outlines certain authority and restrictions the City has over municipal affairs. The Charter addresses
important aspects of the City of Santa Ana's authority. The original Charter of the City of Santa
Ana was adopted by the voters in 1952. Modifications to the original document have been approved
by the voters on several occasions, with the last major amendment occurring as part of the
November 8, 2018 General Municipal Election. While most Charter amendments were prepared
and executed individually, the City has used a citizens advisory committee to review the Charter
only once (in 2005), and has deployed an ad hoc committee of the City Council in 2005, 2018, and
most recently in 2020.
2020 Ad Hoc Charter Review Committee
At the January 21, 2020 City Council meeting, Mayor Pulido appointed an ad hoc committee ("Ad
Hoc Charter Review Committee"), composed of Councilmembers Bacerra, Penaloza, and Solorio,
to review the current Charter and make recommendations to amend it. The City Attorney's Office,
City Manager's Office, and Clerk of the Council's Office provided staff support to the Ad Hoc
Charter Review Committee. Between March and May 2020, the Ad Hoc Charter Review Committee
met 11 times. As a result of these meetings, the Ad Hoc Charter Review Committee recommends
17 Charter amendments, as well as presents five outstanding topics for discussion. These items
are outlined in the table below.
65A-1
Review Proposed Charter Amendments and Provide Direction to Staff
June 2, 2020
Page 2
Proposed Charter Amendments Recommended by the Ad Hoc Committee
Proposed Charter Amendment Purpose / Reason for Amendment
1 Section 400: Number, Selection Clarifies when new councilmembers are sworn in
and Term of Members
2 Section 401.05 : Code of Ethics Clarifies the applicability of the Code of Ethics and Conduct to
and Conduct include elected officials, the City Attorney, City Manager, Clerk
of Council, Police Chief, and directors of all City departments
3 Section 404: Presiding Officer, Moved term limit provisions from this section to Section
Mayor 401.01 (new)
4 Section 405: Mayor Pro Tern Clarifies when the selection of the mayor pro tem shall occur
5 Section 406: Council Judge of Adds "or at a special meeting"
Elections and Qualifications of
Members
6 Section 413: Adoption Adds "resolutions" to title; clarifies effective date and who can
Ordinances) sign, and provides that ordinances amended after the first
reading must be re -introduced to be consistent with state law
7 Section 609: Budget Removes the two-thirds vote requirement for budget
Appropriations appropriations
8 Section 613: Claims— Finance recommends revising this section to streamline the
Formalities; Treasury Warrants process for paying invoices. The prescribed process in the
Charter is outdated.
9 Section 1000: Civil Service Revises equal opportunity provisions; adds "with concurrence
System of the City Council" relating to any recommendations for
changes to the civil service rules by the Personnel Board
10 Section 1002: Civil Service and Administrative clean-up; revisions to ensure compliance with
Excepted Service CalPERS rules and other applicable laws and regulations
11 Section 1010: Prohibitions Updates anti -discrimination provision and adds a provision
requiring that the City Council adopt an anti -nepotism policy
12 Section 1011: Contractfor Changes "personnel" to "human resources"
Performance of Administrative
Functions
13 Section 1014: Work Stoppages Removes this section in its entirety
14 Section 1208: Enforcement Allows that the City to contract with a State or County entity to
enforce the provisions of this section
15 Section 1400: Employees' Revisions to be consistent with revisions in Section 1002
Retirement System
16 various] Replaces gender -specific language with gender -neutral
language
17 various] Replaces "clerk of the council" with "city clerk"
The proposed language for Charter amendments 1 through 15, as identified in the table above, are
attached for review and consideration (Exhibit 1). Considering that items 16 and 17 are
administrative in nature and may not require a policy discussion, these items are omitted from the
attached proposed language. The Ad Hoc Charter Review Committee recommends that the City
65A-2
43918v1
Review Proposed Charter Amendments and Provide Direction to Staff
June 2, 2020
Page 3
Council concur with the Ad Hoc Charter Review Committee's recommendations relating to the
proposed Charter amendments 1 through 17.
In addition to the 17 proposed Charter amendments as recommended by the Ad Hoc Charter
Review Committee, there are the five outstanding items for discussion by the City Council.
Proposed Charter Amendment Topics for Discussion
Proposed Charter Purpose / Reason for Amendment Notes
Amendment
A Section 401: Revises the residency requirements The Ad Hoc Charter Review
Qualification of for mayor and councilmember, and Committee recommends that
Members adds procedures to confirm residency. this item, including the attached
Moved term limit provisions from this redline changes, be discussed
section to Section 401.01 (new) by the City Council
B Section 401.01 (new): Restates the term limits for mayor and The Ad Hoc Charter Review
Term Limits councilmembers already set forth in Committee members
Charter Sections 401 and 404. Three individually provided their
issues are being analyzed and further recommendations regarding
reviewed. These issues are: term limits (including a lifetime
1. Whether to impose a lifetime ban; ban, removal of the word
2. Whether to remove the term consecutive," and removal of
consecutive" the cooling off period provision)
3. Whether to remove the cooling off and is asking whether the
period. Council supports these
recommendations.
C Section 1206: Revised provisions to increase The Ad Hoc Charter Review
Campaign transparency. Committee added a provision
Contribution Limitation that would apply to developers,
their principals or owners with
pending Significant Planning
Entitlements and a definition of
person" consistent with the
Political Reform Act.
D Section 1206.01 Adds campaign finance disclosure The purpose of this section is
new): Required requirements in addition to those to supplement the required
Disclosures required by the FPPC disclosures pursuant to the
Political Reform Act and to
increase transparency
regarding campaign
contributions to City elected
officials, candidates for City
elective office, their campaign
committees, and other
committees formed to support
or oppose ballot measures or
candidates within the City of
Santa Ana.
E Public Works PWA recommends that the following The Public Works Agency
to ics be incor orated into the presented the Ad Hoc Charter
65A-3
43918v1
Review Proposed Charter Amendments and Provide Direction to Staff
June 2, 2020
Page 4
Charter: Review Committee with items
Local Preference for consideration. All of these
Exemption from the State's Public items are discussed in the
Contract Code municipal code. The City
Update the definition of "public works Council may want to consider
construction" reviewing and updating the
Change "lowest and best bidder" to corresponding sections of the
lowest responsible bidder" municipal code.
alternate project delivery systems"
procurement, such as "design -build"
The Ad Hoc Committee presents the five proposed Charter amendment topics to be discussed by
the City Council.
Timeline to Submit Charter Amendments for the November 3. 2020 General Election
In the event that the City Council decides to submit one or more proposed Charter amendments to
the voters at the General Election on November 3, 2020, and to ensure sufficient time to prepare
all the necessary documents and provide for a ballot argument process, the City Council must
make the decision relative to submitting ballot measures by no later than the July 21, 2020 City
Council meeting. Furthermore, pursuant to Elections Code 10403, the request for the Registrar of
Voters to conduct a consolidated election must be filed with the Board of Supervisors and Registrar
of Voters no later than August 7, 2020. To illustrate the timeline and due dates for various items,
the Clerk of the Council has prepared a calendar of deadlines (Exhibit 2).
Options for Consideration by the City Council
The City Council has the following options to consider relating to this item:
1. Concur with the Ad Hoc Charter Review Committee regarding the proposed Charter
amendments 1 through 17; or
Review the proposed Charter amendments 1 through 17 and direct staff to prepare
revised proposed Charter amendments 1 through 17 as discussed; and
2. Review proposed Charter amendment topics A though E and direct staff to prepare
revised proposed Charter amendments as discussed; and
3. Direct City Attorney and Clerk of the Council to prepare necessary documents to place any
of the proposed Charter amendments on the ballot for November 3, 2020 General
Election.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability,
Engagement & Sustainability, Objective #1 (support neighborhood vitality and livability).
FISCAL IMPACT
There is no fiscal impact associated with this action.
Exhibits: 1. Proposed Charter Amendments
2. Calendar of Deadlines for Ballot Measures to be Considered at the General
Municipal Election on November 3, 2020
65A-4
43918v1
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, except for the mayor, shall serve
term of four (4) years. The term of each member shall begin at 6:00 p.m. on the first
regularly scheduled meeting or at a special meeting ^G^^^^I T61eGGlay -f ne
following certification of election results, and each shall serve except as otherwise
provided for in this charter, until the member's ;is Pr he successor is elected and
qualified. Each office of councilmember shall be a separate office and, except for the
mayor, one (1) of such offices shall be assigned to each of the wards of the City.
Councilmembers shall be residents of their respective wards, and nominated and
elected only by the voters of their respective wards. The Mayor shall be elected from
the City at large.
43192v1
65A-5
Sec. 401-Qualifications of members
To be eligible to be elected to the office of councilmember, a person must demonstrate that the
candidate has been both (1) be a thirty (30) day registered qualified voter in the ward from which the
candidate is nominated and (2) aad a thirty (30) day resident of the ward from which the candidate is
nominated at the time nomination papers are issued. aS PFOVided f9F On A policy providing for proof of
residency will be adopted by ordinance by the majority of the City Council. The residency address and
voter registration address must be the same. the CI..rt:,..,, GAGI Aft",. st..t, Af G..losAFAi. , ept that
To be eligible to be elected to the office of mayor a person must demonstrate that the person has been
both (1) a thirty (30) day registered voter within the city and (2) a thirty (30) day resident of the city at
the time nomination papers are issued. A policy providing for proof of residency will be adopted by
ordinance by a maiority of the City Council. The residency address and voter registration address must
be the same.
In the event any councilmember other than the mayor shall cease to be a resident of the ward from
which the councilmember (or, in the case of an appointee, the councilmember's predecessor) was
elected, or in the event the mayor shall cease to be a resident of the city, the office shall immediately
become vacant and shall be filled in the same manner as herein provided for other vacancies; provided,
that where a councilmember ceases to be a resident of the ward from which the councilmember (or, in
case of an appointee, the councilmember's predecessor) was elected solely because of a change in
boundaries of any ward as in this charter provided, the councilmember shall not lose the office by
reason of such change. If a member of the city council shall be convicted of a crime involving moral
turpitude, the office shall immediately become vacant and be so declared by the city council.
RECOMMEND: Moving to new Section entitled "Term
AAAPF *hARfGF A teFFn beginning eight (8) yeaFs a#eF e.... pleb. n mf that rmunrAmPFAlIPF'ce
43190v1
65A-6
SECTION 401.01-Term Limits (NEW SECTION)
This section is a restatement of the current term limit provisions in Charter Section 401 and 404.
Sec. 401.01.- Term limits.
A. Councilmembers
A person who has served three (3) consecutive terms of four (4) years each shall be eligible for
appointment, nomination for or election to the office of councilmember (regardless of wards
represented by that person during such period) no sooner than for a term beginning eight (8) years after
completion of that councilmember's third consecutive full term.
Short or partial terms shall not be considered in determining eligibility for appointment, nomination or
election. For purposes of this Charter, short or partial terms shall only be those where the
councilmember was elected or appointed to replace another councilmember who left office before the
latter official's term expired. Any councilmember who assumed office at the beginning of a term and left
office early for any reason whatsoever shall be deemed to have served a full term; provided, however
that any person who has served twenty (20) consecutive years in office, as both a council member and
mayor, regardless of the order in which they served, shall not be eligible for appointment, nomination or
election as a council member or as mayor, no sooner than for a term beginning eight (8) years after
completion of the council member or mayoral term, or vice versa. The provisions of this section related
to short or partial terms is deemed to be declaratory of existing law.
B. Mayor
A person who has served four (4) consecutive terms of two (2) years each, commencing with the
term entered as a result of the November 2012 election, shall be eligible for appointment, nomination
for or election to the office of mayor no sooner than for a term beginning eight (8) years after
completion of the mayor's fourth consecutive full term. This eight year "cooling off" period shall not
apply to eligibility for appointment, nomination for or election to a council member office; provided,
however, that any person who has served twenty (20) consecutive years in office, as both a council
member and mayor, regardless of the order in which they served, shall not be eligible for appointment,
nomination or election as a council member or as mayor, no sooner than for a term beginning eight (8)
years after completion of the council member or mayoral term.
Short or partial terms shall not be considered in determining eligibility for appointment nomination or
election as mayor. For purposes of this Charter, short or partial terms shall only be those where the
mayor was elected or appointed to replace another mayor who left office before the latter official's
term expired. Any mayor who assumed office at the beginning of a term and left office early or before
term expires for any reason whatsoever shall be deemed to have served a full term. The provisions of
this section related to short or partial terms is deemed to be declaratory of existing law.
43191v1
65A-7
Section 401.05
Sec. 401.05. - Code of ethics and conduct.
The City of Santa Ana shall adopt a Code of Ethics and Conduct for elected
officials, the City Attorney, the City Manager, the Clerk of Council, the Police Chief,
directors of all City departments, and members of appointed boards, commissions,
and committees to assure public confidence in the integrity of local government
elected and appointed officials. The City Council shall periodicaly review adept the
Code of Ethics and Conduct and make any amendments by ordinance or resolution
ui+hin $;Mx months of the effe..+ive date of this Ch;4r+er ce ntinn
Any person alleging a violation of the Code of Ethics and Conduct by the Police Chief
or department director shall provide a written document to the CitV Manager with their
name and contact information and a brief description of the alleged violation. The City
Manager shall review and respond to the complaint in writing and report to the City
Council every thirty (30) days of the status of the review.
Any person alleging a violation of the Code of Ethics and Conduct by any member of
the City Council, the City Manger, the City Attorney, the Clerk of Council, or members
of appointed boards, commissions, and committees shall provide a written document
to all members of the City Council with their name and contact information and a brief
description of the alleged violation. The City Council shall refer the complaint to an ad
hoc committee of the Council for review. The Council ad hoc committee maV then
make a recommendation to the full City Council for futher review, investigation or
action. When a review or investigation is completed, the City Council may impose
sanctions which may include, a reprimand, formal censure or loss of committee
assignments or in the case of members of boards, commissions or committees,
removal from the board, commission, or committee. A complaint concerning an
alleged violation bV one of the Council's appointed employees shall be handled as a
personnel matter.
43192v1
65A-8
Sec. 404. - Presiding officer, mayor.
The mayor shall be a member of the City Council and shall preside over the meetings of the City
Council. The mayor shall have voice and vote in all of the City Council's proceedings and shall be
recognized as head of the City government for all ceremonial purposes. The mayor shall have no
administrative duties but shall perform such other duties as may be prescribed by this charter, or imposed by
the City Council, consistent with his office.
The mayor shall be elected by the voters of the City at large at each general municipal election in
November of even -numbered years for a two-year term commencing on the same date as the terms of other
council members elected in such year. No person may be a candidate for mayor and a candidate for any
other office on the City Council in the same election. In the event an incumbent City Council member other
than the mayor is elected mayor such other office shall become vacant at the time he or she assumes office
as mayor and the City Council shall call a special election to fill the vacancy.
To be eligible to be elected to the office of mayor a person must be a qualified voter as provided for in
the Elections Code of the State of California. If the mayor is convicted of a crime involving moral turpitude,
the office shall immediately become vacant and be so declared by the city council.
RECOMMEND: moving to separate section entitled "Term Limits." " ---- --•'-'- -- a c.._ i"
201-2 eleetion, shall be eligible fef appointment, nomination f f oF elpetion to the offiee of mayeF no seeneF
eight yeaf "e6aling Of-P, pefiad shall Itat apply to ehgibih"& HAW" 4;8F Hf AFP4,H" t&-ff
eleetion as mayef. Fef pwposes of this Chaftef, sheft Of paFtial teffns shall only be these Whefe the fRayof
43429v1
65A-9
Sec. 405. - Muyor pro tem.
Each calendar year, at the In the first meeting in January. of the Gil Gotin it fellewing ,.... _ ._
speeial aeleetion ,.....w:.w Ofthe City r.etmeil ,._ el el a the City Council shall elect a mayor pro
tem who shall act as mayor during the absence from the City or disability of the mayor, or during any
vacancy in the office of mayor until otherwise filled in accordance with section 403. All members of the
City Council, other than the mayor, shall be eligible to serve as mayor pro tem regardless of their
seniority or whether they previously served a term or terms as mayor pro tem. The mayor pro tem from
the previous year cannot be selected as mayor pro tem the next year. The mayor pro tem shall serve at
the will and pleasure of the Council and may be replaced by four affirmative votes of the Council.
43193v1
65A-10
Sec. 406. - Council judge of elections and qualifications of members.
The City Council shall be the judge of the election and qualifications of its memberjsl as
defined in section 401 of this charter and shall meet on the first regularly scheduled
meeting or at a special meeting after election returns are certified for any municipal
election at which members of the City Council are elected, declare the results thereof,
and install elected members, if any.
43192v1
65A-11
Sec. 413. - Adoption (resolutions and ordinances).
Every ordinance shall be introduced in writing. A copy of each ordinance and written resolution shall
be available in the councirs chambers for public inspection during any council meeting at which the same is
to be passed or adopted. No ordinance shall be passed finally on the day it is introduced, except for
emergency ordinances as hereinafter defined in Section 415, nor within six (6) days thereafter, nor at any
time other than at a regular or adjourned regular meeting. A proposed ordinance may not be amended or
modified between the time of its first reading m4oduptien and the time of its second reading final passage,
except for clerical errors or corrections as discussed by the Council --e- .thin its _enefal seepe and
The rights and powers conferred on the City Council shall be exercised by
ordinance, resolution or motion as may be prescribed by the Constitution or Laws of the State of California,
and the provisions of this Charter; provided, that each act of the City Council establishing a fine or other
penalty or granting a franchise shall be by ordinance.
No order for the payment of money shall be adopted or made at any other than a regular or adjourned
regular meeting, except when a state of emergency has been declared or at an emergency meeting properly
convened.
All ordinances and written resolutions shall be signed by the mayor and attested by the Clerk of the
Council as soon as possible, but no later than 72 hours from its adoption by the Council If the mayor is
not available or does not sign an ordinance or resolution, the Clerk of Councill shall first ask the mayor
pro tern to sign and then any Councilmember who voted to approve the ordinance or resolution.
43193v1
65A-12
Sec. 609. - Budget appropriations.
From the effective date of the budget, the several amounts stated therein as proposed expenditures
shall be and become appropriated to the several offices, agencies, and departments for the respective objects
and purposes therein specified as stated in an appropriation ordinance. All appropriations shall lapse at the
end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered.
At any meeting after the adoption of the budget, the City Council may amend or supplement the
budget by motion adopted by the affirmative votes of at least two ds (2 33 }four of4hL—members so as to
authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate
available revenue not included in the budget; except that the City Council shall not reduce that portion of the
budget providing for the support of public recreation programs below the amount specified in section 607 of
this article.
43193v1
65A-13
Sec. 613. - Claims —Formalities; treasury payment wawants.
Any claim against the City shall be in writing and may be in the form of a bill, invoice, payroll, or
formal demand. The director of finance, with approval of the City Manager, may prescribe the format
forms on -in which claims against the City shall be presented, to him- Each such claim shall be presented
to the direster-e finance department. The director of finance shall prescribe internal controls for
examination and audit of each claim who sties" @XaMi^^ RRd and t ' If the claim is correct in all respects,
has not previously been paid nor certified for payment, is provided for by an appropriation or legally
enforceable court or administrative order for the purpose or object that gave rise to it, and if sufficient
funds for the payment thereof remain unencumbered in such appropriation if applicable, and if the claim is
otherwise legally due and payable, the director of finance sties" 60 GeFtify OR the OF Ralform ev de^^i^^
the ^',-^M ^^G' shall authorize payment from dravi his; %v^rF^n* on the treasury, and against the proper fund,
for the payment thereof.
All claims certified for payment by the director of finance, and pavments wa€mRts drawn by the
finance director I#m for the payment thereof, shall be transmitted by the finance director h3 m to the City
Manager together with a list of such pavments y:a{Fa* is payable from each fund, showing for each
payment.warart the number, date, and amount of the payment waff4i t and the name of the payee. The
City Manager may approve or disallow any of the claims so certified for payment. Any person dissatisfied
with the refusal of the director of finance and/or the City Manager to approve any claim, in whole or in
part, may present such claim to the City Council. The City Council, after examination into the matter, may
approve or disapprove the claim in whole or in part, and, if properly payable under an existing
appropriation, may order the director of finance to make payment of the claim or portion thereof draw -his
wrarar! OR the #ems y I^ payM@Rt t``eFeef For any such claim for which no provision, by way of
appropriation, exists, but which is approved for payment by the City Council, appropriation by the City
Council shall be made therefor before the director of finance is ordered to make payment dmwtihis
waFFaRt thereof.
Payment due``^ FFaats on the City treasury which are not paid for lack of funds shall be registered.
All registered payments waaFFarts shall be paid in the order of their registration when funds therefor are
available and shall bear interest from date of registration at such rate as shall be fixed by the City Council
by resolution.
43197v1
65A-14
ARTICLE X. -CIVIL SERVICE
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 membership in a protected
class as specified in state or federal law. •-O-'--, -Feed, --•"-' status _u.m:..-'
Rat eRal eFigw.
d) That there is equitable treatment of all civil service employees in matters of discipline, layoff or
dismissal from the City service.
The system should be established in such a manner to ensure the accomplishment of the foregoing
standards in appointments, promotions, discipline, layoffs 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 with the concurrence of the City Council. -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
in erit.
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 responsibilities
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
ofthe City who have the power of appointment as to any position in the personnel system. Actions
relating to suspension, demotion or dismissal for reasonable and sufficient cause may be taken
by the officer having the power of appointment to the position.
65A-15
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 the City Manager's his assistants, if any;
3) The City Attorney and the City Attornev's Wis legal assistants, it any;
4) The Clerk of the Council;
L5Z) The head of each department of the City as specified by ordim
and of the housing authority of the City
Santa Ana, but not including the police chief or the fire chief;
L65@) One private secretary to the City Manager;
L8) All members of boards and commissions;
L8i48) Positions occupied by persons employed to render professional, scientific, technical, or
expert service of an occasional and exceptional nature;
L544) Positions in any class or grade created for a special or temporary purpose,, -mow.
103) Part-time positions or employments, FequiFRg less than t..^..
emplaymeaRpeFweek;
115) 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 underfederal 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 within twelve
12) months of the employee's appointment to the excepted service, the employee shall revert to
the employee's Wi& former position in the civil service without loss of any rights or privileges and
upon the same terms and conditions as it the employee had remained in said position
continuously.
Formatted: Normal
65A-16
Sec. 1010. - Prohibitions.
a) No officer or employee of the City shall in any way favor or discriminate against any employee of the
City or any applicant for employment with the City because of the employee's his -• heF FaGe,,age,
b) No officer or employee of the City shall engage in any political activities in violation of Chapter 9.5 of
Division 4 of Title 1 of the California Government Code (commencing with Section 3201) as the same
exists on the date of adoption of this section or as the same may be thereafter amended, or in violation
of any other provisions of applicable law.
c) No officer or employee ofthe City and no candidate for any City office shall, directly or indirectly, solicit
any assessment, subscription, or contribution, whether voluntary or involuntary, for any political
candidate, for Santa Ana municipal office from anyone on an eligible list, or, with the exception of
elective officers and members of appointive boards and commissions, anyone holding a position in the
service of the City.
d) No person shall willfully or through culpable negligence make any false statement, certificate, mark,
rating, or report in regard to any application, test certification, or appointment held or made under the
provisions of this article or in any manner commit or attempt any fraud preventing the impartial
execution of such provisions of this article a of the rules and regulations made hereunder.
e) No officer or employee shall use nepotism in contracting, hiring, promotion, discipline or any other
employment decision. The City Council shall adopt an anti -nepotism policy.
65A-17
Sec. 1011. - Contract for performance of administrative functions.
The City Council, upon recommendation of the City Manager, may contract with the governing body
of any other City or of any county within this state, or with any state department or other state agency for
the preparing or conducting of competitive examinations for positions in the service of the City or for the
performance of any other human resources administration service.
65A-18
Sec. 1014. , Reserved. `"'-
65A-19
Sec. 1015. -Penalty for violation of article.
In add Rion to the penalties provided for in this charter for violations of its provisions, any person who
individually rr with others violates any of the provisions of this article shall upon conviction
thereof be ineligible for a period of three (3) years for employment in the service of the City and shall
immediately forfeit the person' s his office or position if the person is he4b an officer or employee of the
City.
65A-20
Sec. 1206. - Campaign contribution limitation
Aa) 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, including contributions or loans to all committees controlled by that
candidate, 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 campaign contribution 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 in the City of Santa Ana to the same office. As used herein, "person" means an
individual, proprietorship, firm, partnership, ioint venture, syndicate, business trust, company,
corporation, association, committee, labor union, or any other organization or group of persons acting
in concert.
B) A restricted developer or principal shall not make a contribution to the Mayor, member of the City
Council, or a candidate or a controlled committee for these elected City offices. The restrictions
regarding Restricted Developers apply from the time an application is submitted until 12 months after
the date a letter of determination is issued, or if none, the date the decision on the application is final. If
the application is withdrawn orterminated pursuant to the City's Zoning Code, the restriction applies
until the day afterthe termination or the filing of the withdrawal.
1) For purposes of this section and section 1206.01, the following definitions apply:
a) "Applicant" means a person who is identified as the applicant on an application filed
with the City's Planning and Building Department for a Significant Planning Entitlement as defined
herein and includes any subsequent person identified as the applicant;
b) "Owner" means a person identified as a property owner in conjunction with the
applicant for a Significant Planning Entitlement;
c) "Principal" means a restricted developer's chair, president, chief executive officer,
chief operating officer, and any individual who serves in the functional equivalent of one or more of
these positions; a person who holds an ownership interest of 20 percent or more in a Restricted
Developer; and an individual authorized to represent a Restricted Developer before the Planning and
Building Department concerning the Significant Planning Entitlement;
d) "Significant Planning Entitlement" means the following planning approvals that are
not solely ministerial: density bonus, development agreement, general plan amendment, site plan
review, specific plan establishment, tentative tract map, vesting tentative tract, or zone change.
e) "Restricted Developer" means any Applicant, Owner or Principal with an application
for a Significant Planning Entitlement that has been submitted to the City's Planning and Building
Agency.
43194v1
65A-21
Draft Charter Section 1206.01- Required Disclosures (New)
A. Purpose
The purpose of this section is to supplement the required disclosures pursuant to the Political
Reform Act and to increase transparency regarding campaign contributions to City elected officials,
candidates for City elective office, their campaign committees, and other committees formed to support
or oppose ballot measures or candidates within the City of Santa Ana.
B. Required Campaign Disclosures
1. In addition to the campaign statements required to be filed pursuant to the Political
Reform Act, commencing with Government Code Section 81000, candidates, their controlled
committees, and independent committees primarily formed to support or oppose candidates in the City
of Santa Ana shall file a pre -election statement on the Friday before each election on a form provided by
the Clerk of Council. This statement shall have a closing date of the Wednesday immediately preceding
the election date and shall cover the period from the last pre -election statement filed pursuant to the
Political Reform Act to the Wednesday immediately preceding the election date. "Election" as used in
this Section shall include any general municipal election, special municipal election, and recall election.
2. Every City primarily formed recipient committee formed to support or oppose the
qualification of an initiative or referendum measure prior to the commencement of the petition drive
shall, within 10 calendar days of the commencement of the petition drive, file a statement on a form
provided by the Clerk of Council disclosing all contributions of $100 or more received after the closing
date of its most recent Fair Political Practices Commission Form 460, or if the primarily formed recipient
committee has not previously filed a Form 460, the form shall instead disclose all contributions of $100
or more received since January 1 of that year.
a) For purposes of subsection 2, a petition drive commences when the proponent of an
initiative or referendum measure begins circulating a petition for signatures.
b) The statement shall have a closing date of the day immediately preceding the
commencement of the petition drive.
3. Every committee shall file with the Clerk of Council a Statement of Organization within
ten (10) days after it is formed as a committee. Every committee that forms during the period between
the closing date of the last pre -election statement and the election, shall file with the Clerk of Council, a
Statement of Organization no later than the close of the next business day.
4. A candidate or the candidate's controlled committee must disclose, on a form provided
by the Clerk of Council, any campaign -related agreements entered into by the candidate or controlled
committee that provide for post -election payments. Such agreements include, but are not limited to,
contingency payment or "bonus" payment plans offered by campaign consultants and agreements with
persons who will receive compensation after the election for campaign services performed prior to the
43195v1
65A-22
election. A post -election payment agreement must be reported on or before the filing date of the next
pre -election statement that must be filed afterthe agreement is entered into.
5. Unless otherwise defined in this Charter orthe municipal code, all terms shall have the
same meaning as set forth in the Political Reform Act (Government Code Section 81000 etseq.)
C. Required Disclosures by Restricted Developers
1. The Planning Department shall notify every Applicant of the requirements of Charter Section
1206 as to Restricted Developers and this Section.
2. At the time an application for a Significant Planning Entitlement, as that term is defined in
Charter section 1206, is submitted to the City's Planning Department, the Applicant shall file the
following information:
a) The date the application was submitted;
b) The Applicant's name, address, phone number and email address;
c) The name, address, phone number, and email address of each Owner;
d) The names and titles of all of the Principals;
e) and certification under penalty of perjury that the information submitted is true and
complete and that the applicant understands, will comply with, and will notify all the Owners and
Principals of the prohibitions in Charter section 1206 as to Restricted Developers.
D. It is unlawful to fail to comply with the disclosure requirements of California Government Code
section 81000 et seq. and the additional requirements of this section.
43195v1
65A-23
Sec. 1208. - Enforcement.
a) Any person who knowingly or willfully violates sections 1206-or 1207 of this
charter is guilty of a misdemeanor.
b) Any resident of the City may bring an action, at a time during an election period
or thereafter, in a court of competent jurisdiction to enjoin actual or threatened
violations of, or to compel compliance with, or to obtain a judicial declaration
regarding compliance with, section 1206, 1206.01 or 1207.
c) The City Attorney may maintain, in the name of the City, or a resident of the City
may maintain, in his or her own name, a civil action to recover from a candidate or a
committee controlled by a candidate any contributions received by such candidate or
committee in excess of the contribution limitations established by section 1206. Any
money recovered in any such action shall be deposited in the City's general fund.
d) The City may contract with a State of County entity to enforce the provisions of
this Section.
43192v1
65A-24
Sec.1400. - Employees' retirement system
a) Duty to provide retirement system. Except as hereinafter otherwise provided, the council shall provide,
by ordinance or ordinances, for the creation, establishment and maintenance of a retirement plan or plans
for all officers and employees of the City. Such plan or plans need not be the same for all officers and
employees. Subject to other provisions of this article, the council may at any time, or from time to time,
amend or otberwise change any retirement plan or plans or adopt or establish anew or different plan or
plans for all or any officers or employees.
b) Authority to join other systems. Subject to other provisions of this article, the City, by and through its
council, is hereby empowered, but not required, to join or continue as a contracting agency in any
retirement or pension system or systems existing or hereafter created under the laws of the State of
California or of the United States of America to which municipalities and municipal officers or employees
are eligible for membership.
c) Continuance ofexisting retirement system. Until otherwise provided by ordinance, the City shall
continue to participate in the Public Employees' Retirement System of the State of California, as the same
now exists or may hereafter be amended. 11e City Council may not terminate any such contract with the
Public Employees' Retirement System of the State of California, and may not amend any such contract in a
manner which would decrease or eliminate any benefit accruing to persons employed by the City at the
time of such contract termination or amendment, unless such amendment shall substitute a retirement
system or systems providing equal or greater benefits for said persons.
d) Exclusions. Ile council in its discretion may exclude all or any of the following persons from any or
all retirement plans, to wit
Persons mentioned in subsections (a)(1). (5)-(10){6)of Charter Section 1002. {(s)*W.
6)1(7), ion m) n m (11) and (! ) of Set:.... i of this a..... ue
Persons in City service primarily for training, study or educational purposes;
Persons employed or paid on a part-time, per diem, per hour or any basis other than a
monthly basis.
65A-25
DRAFT IF ADOPTED JULY 215t CCMTG
CITY OF SANTA ANA
CALENDAR OF DEADLINES FOR
BALLOT MEASURE TO BE CONSIDERED AT THE
GENERAL MUNICIPAL ELECTION
ON NOVEMBER 3, 2020
DATE DESCRIPTION
City Council to adopt the following:
Calling for Election regarding proposed Charter Amendment (§9280, 9282);
Jul-21 Authorizing filing of direct Arguments; and
Authorizing City Attorney to prepare Impartial Analysis and fiscal impact (if
applicable), 500-word maximum. (§ 9280)
Jul-23 Clerk sets deadline for Arguments and publishes Notice of Election - Measures
9286 & Gov. Code §6061)
Filing period to file direct Arguments in favor and against proposed Charter
Aug-4 Amendment, (recommended 7-14 days after approved by City Council; 300-
word maximum). (§9286 & 9282)
Public Review period for Arguments (not more than 10 days)
Aug-5
to During this period, any voter of the jurisdiction or the county elections official
Aug-14 may seek a writ of mandate or an injunction requiring any or all of the materials
to be amended or deleted. (§9380)
Aug-14
Filing period to file Rebuttal Arguments - Deadline is no more than 10 days
after Arguments are due (250-word maximum). (§9220)
Public Review period for Rebuttal Arguments (not more than 10 days) (§9295)
The elections official shall make a copy of the ordinance available for public
Aug-15 examination in the elections official's office for a period of 10 calendar days
to immediately following the filing deadline for submission of those materials.
Aug-24 During this time, any voter of the jurisdiction may seek a writ of mandate or an
injunction requiring any or all of the materials to be amended or deleted. Only
Rebuttal Arguments are subject to legal action during the public review period.
65A-26
DATE DESCRIPTION
Legal Deadline to SUBMIT Resolution to County by 5 p.m.
Resolution Calling for Election regarding proposed Charter Amendment
Aug-7
9280, 9282);
Resolution Authorizing filing of direct Arguments; and
Resolution Authorizing City Attorney to prepare Impartial Analysis and fiscal
impact (if applicable), 500-word maximum. (§ 9280)
Aug-7
Last day for City Attorney to submit Impartial Analysis and Fiscal Impact
if applicable) (500-word maximum). (§9280)
Aug-12 Last day to withdraw Measures from the ballot.
Nov-3 ELECTION DAY: VOTE BY MAIL FROM 10/5 THROUGH 11/3
Certificate of Election Results: Approximately on this date, the elections
Dec-3 official shall make and deliver to each person elected or nominated under its
jurisdiction, a certificate of election or nomination, signed by the elections
Apr-1 Last day to submit report on Charter Amendment / Measures to Secretary of
State
65A-27