HomeMy WebLinkAboutCORRESPONDENCE - 65COrozco, Norma
From:
Sent:
To:
Cc:
Subject:
Item 65C - Charter Amendments:
Janine Stallings <brokensouvenir@msn.com>
Monday, July 06, 2020 9:38 PM
eComment
Sarmiento, Vicente; Janna (0 Westover
City Charter - Item 65C
I am in favor of including the term limits proposed for the voters to decide.
I am in favor of including language in the update to the campaign contribution limit section to include associations and
labor unions, in particular the POA. I am in favor of language that makes it clear that this provision applies to any
organization that the POA can donate to, and therefor potentially finance campaign(s) indirectly.
This language should go further and address financing of "other committees" formed to support or oppose candidates or
initiatives/referendums, the language uses in the Required Disclosures section (1206.01). Specifically, add a section to
the effect of "labor unions and labor associations shall not contribute to committees primarily formed to support or
oppose candidates or primary formed to support or oppose qualification of an initiative or referendum measure, further,
labor unions and labor associations shall not directly finance campaigns for mayor or City Council either with or without
coordination with the candidate, and shall not directly finance campaigns to support or oppose qualification of an
initiative or referendum measure".
Thank you,
Janine Stallings
Resident, Ward 1
Orozco, Norma
From: Michelle Pulido <mpulido729@gmail.com>
Sent: Monday, July 06, 2020 10:18 PM
To: eComment
Subject: City Charter Amendment Comments
Section
Redlines or Original Text
Comments
Sec. 400. - Number, selection
N/A
and terms of members.
Sec. 401-Qualifications of
This should be spelled out in the
members
city charter and voted on by
"A policy providing for proof of
the residents to prevent
residency will be adopted by
potential inappropriate
ordinance by the majority of
eligibility or ineligibility.
the City Council."
(2X)
Sec. 401.01.- Term limits.
Recommend to clean up and
simplify. This is pretty clearly a
weird attempt to put some kind
of control but for the next
person to take the official role
and to skirt the current person.
Sec. 401.05. - Code of ethics
"periodicaly"
typo
and conduct.
Sec. 401.05. - Code of ethics
"Any person alleging a
-This should allow for not only
and conduct.
violation of the Code of Ethics
written document as
and Conduct by the Police
complaints but all forms of
Chief or department director
violations. Including news,
shall provide a written
trends of social media rumors,
document to the City Manager
emails, phone calls, etc.
with their name and contact
(calling on my experience
information and a brief
working in complaints for the
description of the alleged
medical device industry we
violation. The City Manager
treat all forms of complaints as
shall review and respond to the
something to be investigated
complaint in writing and report
and documented).
to the City Council every thirty
(30) days of the status of the
review."
Sec. 401.05. - Code of ethics
"Any person alleging a
-This should allow for not only
and conduct.
violation of the Code of Ethics
written document as
and Conduct by any member
complaints but all forms of
of the City Council, the City
violations. Including news,
Manger, the City Attorney, the
trends of social media rumors,
Clerk of Council, or members of
emails, phone calls, etc.
appointed boards,
(calling on my experience
Sec. 401.05. - Code of ethics
and conduct.
Sec. 401.05. - Code of ethics
and conduct.
Sec. 413. - Adoption (resolutions and
ordinances).
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 may 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 by one of the
Council's appointed
employees shall be handled as
a personnel matter."
Every ordinance shall be
introduced in writing. A copy of
each ordinance and written
resolution shall be available in
the council's chambers for
public inspection during any
council meeting at which the
some is to be passed or
working in complaints for the
medical device industry we
treat all forms of complaints as
something to be investigated
and documented).
There should be a timeframe
for an ad hoc meeting to be
held if this is how it will be
handled. However I would
instead recommend an FMEA
type system be set up to assess
the severity and criticality of
each alleged violation and the
appropriate avenue of
handling said violation.
Additionally, there should be
an included approach for
corrections or preventive
actions. Not all misconduct is
intentional and it should,
potentially, be treated as an
opportunity for retraining in
those cases.
Leaving each misconduct as a
personnel matter leaves this
open to wrongful termination if
you ever take a higher
escalation in one case verses
another similar case. This should
be pre -spelled out with severity
x corrective/punitive action
required. It should not be
decided case by case but
based on the harm/potential
harm for their misconduct.
There really should be a way to
access it online. In the council's
chambers is not appropriate for
our community as there are
individuals with transportation
or disabilities that would
prevent in person access.
Sec. 609. - Budget appropriations. I I Recommend to include
quarterly reports from each
section included in the budget
to show that their stated uses
are being applied and to
demonstrate the impact to the
city.
Would recommend to start
including Goals/Metrics when
providing budget increases so
that they can be later
analyzed as on track and
successful.
Would recommend to start
having triggers for when the
pre -designated goals are not
on track, quarterly, to review if
there is a potential issue due to
the budget that needs to be
triggered for appropriation
Thank you for your consideration,
Michelle Pulido
Orozco, Norma
From: Adolfo Sierra <adolfosierra2019@gmail.com>
Sent: Tuesday, July 07, 2020 12:59 PM
To: eComment
Cc: Ridge, Kristine; Carvajal, Verny; Carvalho, Sonia R.; Sarmiento, Vicente; Penaloza,
David; Solorio, Jose; Mendoza, Nelida; Bacerra, Phil; Thai, Minh
Subject: Tonight Council agenda items
Attachments: COUNCIL MEETING AGENDA ITEMS 7-7-2020.docx
Please accept my comments on the item for tonight's council meeting agenda.
19E. Update to General Plan: Include southeastern section of the City on the focus areas to phase out and cap
out light and heavy product manufacturing and assembly companies that pollute particulate matter (PM 2.5-
PM10), and comply with SB 1000 State mandate. Include in Vol Il: Natural Environment the Clean and Safe
element. Immediate release of DEIR to the public.
As per City report prepared by Minh Thai, Executive Director -Planning and Building Agency: SIB 1000
requires cities' General Plans to include EJ elements, goals and policies in other elements that facilitate
transparency and public engagement in the planning and decision -making processes, reduce harmful pollutants
and the associated health risks in environmental justice communities, and promote equitable access to health.
65C. SEC 401: Qualifications of members. To be eligible the candidate must demonstrate that he/she has both
1) 120-day registered voter and 2) 120-day residency of ward from which the candidate is nominated at the time
nomination papers are issued.
65C. SEC. 401.01: Term limits. Council members after their 3 consecutive terms of 4 years shall be Not
allowed to serve in any position as council or mayor.
Mayor after serving 4 consecutives 2-year terms shall Not be considered to serve as council member ever.
65D. City budget: advocating to keep funding Investing in the Artists Grants.
Adolfo Sierra
Interim President Madison Park Neighborhood Association
Santa Ana, CA 92704
info@thaivietphan.com
July 7, 2020
Dear Honorable Mayor and Members of the Santa Ana City Council,
I am writing you today regarding several items to be discussed tonight at the Santa Ana City
Council meeting.
Item 65C: Charter Amendments
Section 401.01 Term Limits
The charter should be amended to remove the eight -year cooling period and allow an elected
official to serve no more than a total of 20 years on the dais. By allowing an eight -year cooling off
period after the 20-year total, we're encouraging career politicians to bide their time, continue to
raise money, and come back to office. The current "term limits" do nothing more than uphold a
system in which politicians are rewarded for nothing more than being around for a long time,
whether or not they were effective or responsive to the community. Residents are thankful for the
public service council members have provided, but we must make room for the next generation of
leaders.
Residents don't have to be a council member to be public servants —they can serve on city
commissions, lead neighborhood associations, be a part of Comm -Link, or join myriad other
community -oriented organizations that help residents in Santa Ana.
Section 1206: Campaign Contribution Limitation
Candidates for elected office should be as transparent as possible, because voters have a
right to who is influencing their elections.
Section 1206.01: Required Disclosures
I fully support this new disclosure provision. As stated above, we should strive for as much
transparency in our elections as possible, because voters have a right to know who is donating to
whom. Further, one additional campaign filing is not difficult to do, and any serious candidate for
office will be able to figure it out. This pre -election filing helps ensure that no last-minute
contributions are hidden, only to be discovered after the election has ended.
Item 65D: Budget Ordinance
I do not support the budget as it is currently crafted. The Universal Representation program
in Santa Ana is a vital part of ensuring that our underrepresented residents facing deportation have
Santa Ana, CA 92704
info@thaivietphan.com
legal resources. Santa Ana is a proud sanctuary city, because we are proud of our immigrant
heritage. This program not only upholds the values we espouse, it makes an enormous difference in
the lives of the clients and their families, and it helps to protect the fabric of our neighborhoods and
communities. When budgets are tight, I know cuts have to be made. But $200,000 to save lives and
prevent families from being separated is not too high a price.
Further, I do not support the current budget because we're increasing expenditures for
public safety by the millions when we do not have the funds to do so. I am grateful that our officers
are willing to delay pay raises by six months, but this pandemic and the recession will not be ending
anytime soon, given the rising trends in COVID infections and deaths. Families are struggling to
make ends meet, and the City is struggling to collect the Measure X tax dollars projected in 2019. Six
months from now, the City will have a bill come due without any funds to pay it.
Item 85A: Face Masks
I sincerely hope the City will fully support the Governor's executive order requiring face
coverings in public. Orange County has seen a marked increase, especially here in Santa Ana. Clearly,
encouraging and advising people to wear face coverings in public has not been working. The
pandemic is not slowing down in the United States. We have not flattened the curve. Hospitals are
filling up again. There is no reason why we should not continue to stay as vigilant as possible to fight
this pandemic. Call me selfish, but I want to be able to see and hug and kiss my mom, who's almost
70. I want to see my friends, sit down at my favorite restaurants, and go to the movies. I want Santa
Ana and the county to fully open again. I want to do all the things I could do before —and I'm sure
I'm not the only one. But I know the only way this will happen is if we all do our part.
Item 85B: Hand Sanitizer
I fully support this item. Businesses should do everything they can to keep their customers
and employees safe as the COVID cases rise in the county and in Santa Ana.
Very Truly Yours,
THAI VIET PHAN
Orozco, Norma
From: Houston, Nicole
Sent: Tuesday, July 07, 2020 5:05 PM
To: eComment_Forwarding
Subject: FW: Input on Proposed Charter Amendments Item 65C
Attachments: CCM 7 7 20 65C Charter-Amendment-Excerpts.pdf
From: monica Suter[mailto:monicasuter28@gmail.com]
Sent: Tuesday, July 07, 2020 4:49 PM
To: Pulido, Miguel <MPulido@santa-ana.org>
Subject: Fwd: Input on Proposed Charter Amendments Item 65C
Dear Mayor Miguel Pulido--
We see pros/cons with changing the 4 to 5 votes for appropriations. However, overall, it is probably more
transparent to change it to 4 because then Council would not be able to approve a contract while not having the
votes to officially acknowledge the fiscal impact as occured previously. So, this would help disallow that to
reoccur, so please support changing it to 4 for appropriations as well which also avoids the power of one
Councilmember holding up a vote where there is otherwise consensus.
Overall, we are supportive of the proposed charter amendments in 65C with the exception of the following. As
promised, we have been reviewing this --starting sometime back (among all the other several on -going urgent
items) and have some comments/input/questions that we respectfully request be considered/clarified:
Minor Typos (see attached highlighted excerpts) --Easy Items:
1. Staff Report Page 65C-11 (City Manager) --fix Manager sp.
2. Staff Report Page 65C-15 (City Council) --fix Council sp. bottom
3. Staff Report Page 65C-27 (State or County) --fix or typo toward bottom.
Staff Report Page 65C-19
1. Revised Line "8" "Positions Occupied" --is this intended for Consultants who work occasionally
on a project/task basis vs. an employee who holds a position? It seems a bit confusing as to what
the intent is. Please clarify.
2. Revised Line "9" "Positions... temporary..." Our concern would be that the City has tended to
have "temporary positions" for much time, 90 days, 6 months, in lieu of filling budgeted
positions. So, we can see pros and cons of deleting the last part of this item.... Also, to build
upon the fine work of your tenure as Mayor, the City has lost much institutional knowledge over
time. This expertise needs to be passed on to new employees to not lose important brain -drain
and expertise where that background is critical to serve Santa Ana's community/stakeholders.
3. Revised Line "10" "Part-time positions or employments", we wanted to understand better what
the reason is or goal has been for the deletion of the last part of this line? Depending on reply,
we may/may not prefer/support this change.
4. (c) If someone earned Civil Service for a prior position and was promoted from within to a non -
civil service position (usually a good thing), why would they ever lose their civil service
earned? What is the purpose of that and we can see pros/cons of that change but would like to
better understand it. It also could discourage a long-term and dedicated civil servant well -versed
with the Community from promoting to become (hopefully) a really good manager vs. bringing
in outside managers who would not necessarily have a solid sense of community needs.
Staff Report Page 65C-28: Not sure really why most of these need to be excluded. What is the purpose
of this exclusion? See comment 65C-19 2. above.
Also, while we recognize that the call -in system had to be created under emergency circumstances, we concur
that the community should also be able to call in and that in the health and safety interest of all that Face
Masks and telecommuting options (where feasible) be a CITY WIDE POLICY ENFORCED IN ALL
DEPTS to make reasonable accommodations for staff that can successfully do so (prioritizing health and
safety) and alternate shifts for others who cannot otherwise minimize in -person contact. Ironically, several
departments, planning/public works/IT all ENCOURAGED telecommuting most recently vs. CDA doing the
exact opposite. This forced those requesting reasonable accommodations to RETURN to work suddenly
and while COVID-19 cases are on the rise at City Work Sites. It is hard to understand any actual justification
for that as cases have only increased within City Hall, SAPD and the Jail when we know how much you care
about the health and safety of Santa Ana and its workers!
Also see prior letter we sent 6/16/20:
Budget: We respectfully request that in closed session & in general that you help to clarify that HR's proposed
deletion of positions and title changes NOT BE DONE without clarifying (for example, that Assistant Planner I
will be considered equivalent as Assistant Planner, etc., with no change to seniority, etc.) and that Council help
to encourage that language be developed with HR/SEIU to clarify this and to protect existing labor/incumbents
in the event that ever bumping and seniority were to come into play.
We still respectfully request that all improperly terminated Parks & Rec part-timers being re-employed and
without changes like suddenly and unnecessarily requiring new bilingual requirements that keep recent long-
term employees from being able to requalify for their same positions.
Please help encourage the use of COVID-19 funds from CARESAct to help redeploy SEIU part-timers who
were terminated in May as well and also we estimate that all and all it is roughly already a $3.5M hit to SEIU
already overall based on the proposed budget which forced SEIU contributions by separating these part-timers
and many SEIU employees are actually not in the general fund (where the fiscal gap is).
Thank you for your assistance and consideration of the above and for all the great work you have done to put
Santa Ana on the map, on freeway signs, at the Airport, etc.!!
Appreciated --
Monica
Monica M. Suter
SEIU Local 721 Santa Ana Chapter President
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 periodicals review adopt the
Code of Ethics and Conduct and make any amendments by ordinance or resolution
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 City 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 alleoina a violation of the Code of Ethics and Conduct by any member of
the City Council. the City Manaer, 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 may 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 by one of the Council's appointed employees shall be handled as a
personnel matter.
#43192v1
65C-11
Sec. 413. -Adoption (resolutions and ordinances)
Every ordinance shalt be introduced in writing. A copy of each ordinance and written resolution shall
be available in the council's 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 inked**_.._ and the time of its second reading fi ntitee,
except for clerical errors or corrections as discussed by the Council pfoyiding its -e-e--' 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 andwritten 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 frst ask the mayor
pro tem to sign and then any Councilmember who voted to approve the ordinance or resolution.
H43143v1 65C-1 5
sec. 1002. -civil service and excepted service.
The civil service syslem of the City shall cover all employees mthe City not excepted by this se4lgn.
(a) The excepted service shall comprise the following omces and pcsltKna:
(1) The individual Vices held by all elective officers,
(2) The City Manager and the City Manager s lore assistants, if any,
(3) The City Attorney and the GityAttorneys 44 legal assistants, dany;
(4) The Clerk of the Council;
Eli) ;!is d F0040 A! RIARAQ!,
L52) The head of each department of the City as specified by ordinance or resolutioni
Berea
-, and of the hausirg authority of he City of
Same Ana, but not including the police chief trade are chief;
(_ig) One private secretary to the City Manager:
LTa) All members of boards and commissions;
[@SB) Positions occupied by persons employed to render professional, scientific, technical, or
expert service of an occasional and exceptional nature;
L944) Positions in any class or grade created for a special or temporary purpose2,-add-eir i4a
(104) Pail -time positions or employments,
affialoymeNIF-Fwaak:
C^'! "^9'9daW,
(114) All positions occupied bypersens employed to replace employees ordered to active duty,
enlisted, or drafted form ilitary service during a national emergency or when this country has
declared war and unit the expiration of the time when such replaced employee could
demand his former position of employment underfederal orstate 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 vdthin twelve
(12) months of the employee's appolnfm ent to the excepted service, the employee Shall revert to
the employee s aa: former position in the civil service without loss of any rights or privileges and
upon the same terms and conditions as if the employee had remained in said position
continuously.
Fideormed: Normal
65C-19
Sec. 1206. - 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.
fd1 The City may contract with a State of County entity to enforce the provisions of
this Section.
k43192v1
65C-27
Sri. I400. - Employers' reth emrut syslem
(a) Duq ro prnrr"Ae rerHnmenr warern. Except as hereinafter otherwise provided. the council shall provide,
by radiumce or mdiumres for the creation, establi Anumn and maintenance ark retirement plan or plans
for all officers mid employees of the City. Such plm or plans need not be the same for all officers and
employees. Subject to atber provisions of this article. the council may at any time, or flown time to time.
amend or otherwise change any retiremeut plan or plaus or adopt or establish a new of different plan or
plans for all or any otllcas or employees.
(b)A nrhor;ry to join oilier ayarerns. Subject to other provisions of this article, like City, by and through its
council, is hereby empowered, bud not required. to join or continue as a convecting agency in my
re irmtmt or pension system or systems existing orb mat) cc created tinder the laws of the State of
California or of the United States of America to which mmicipatities mid mtmicipal officers or employees
we eligible for membership.
(c)Cast i.... aferrsring retirvnrerrl.nsrers. Umilotherwise provided by ordiumce, the City shall
continue to participate in die Public Employees Revremeal System of the Slate of California. as ilia snake
now exists or maybermflm be amended.The City Cour iI may not rennivatemysuch contract with the
Public Employees' Aetirmarent System of the Slate of California, and may mot mnmd any such contract m a
maaner which would decrease or efmrinate any bmefil accruing to persons mapleyed by th<City, at the
time of such contract locomotion or amendmeut, mless such amendmeni shall substitute a retuemmr
system or systemsprovidmg equal or greater benefus for said persons,
(d) Ee,issions. 1lie cmmed in its discretion may exclude all or my of the following persons froth my or
all retirement plans, to wit:
Pasonsmartioned is ukb,mt,cit, (a)t1). f5) 101{b) of Charier Salim 1002. {Ea)jEF}
..r. a..:. ..r,. u. ,,
Persons in City service primarily for training. study m educational proposes
Persons employed or paid on a pan -lime, per diem. per hour or my basis other than it
monthly basic
65C-28