HomeMy WebLinkAbout11A - ORDINANCE FOR MUNIC CODESTRIKETHROUGH VERSION
LAR 8.18.20
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING SANTA ANA MUNICIPAL
CODE CHAPTER 2, ARTICLES I AND IV AND REPEALING
SANTA ANA MUNICIPAL CODE SECTIONS 33-183 AND
SECTIONS 33-184
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. As part of a Charter modernization initiative, voters approved removal of
certain provisions regarding the Personnel Board, Planning Commission, and Board of
Parks and Recreation from the Charter. This amendment incorporates many of these
provisions into the Santa Ana Municipal Code;
B. Provisions regarding the City's Environmental and Transportation Advisory
Committee were located in Chapter 33 of the Santa Ana Municipal Code instead of in
Chapter 2 with the majority of the Boards, Commissions, and Committees. As part of
this amendment, all Boards, Commissions and Committees will be located in Chapter 2;
and
C. The amendment makes other changes to modernize and streamline
Articles I and IV of Chapter 2 of the Santa Ana Municipal Code including removing
dated provisions and updating other portions of the Code.
Section 2. The Santa Ana City Council hereby amends Chapter 2 , Articles I
and IV of the Santa Ana Municipal Code as follows (strike outs will be deleted and
underline references new language):
CHAPTER 2 - ADMINISTRATION
ARTICLE I. - IN GENERAL
Sec. 2-1. — Reserved.
Sec. 2-2. - Confidential matters.
(a) No city council member who obtains the private residential address, personal
email address, or telephone number of any city officer or employee from city
personnel records shall use such address or telephone number to advance the
private interests of themselves or others, including, but not limited to, business or
political purposes; provided, however, nothing herein shall be construed to prohibit
Ordinance No. NS-XXXX
Page 1 of 45 11 A-1
city council members from mailing holiday or greeting cards, invitations to social
events or similar items to city officers or employees at their private residential
addresses, regardless of the source of those addresses.
(b) Any violation of this section shall be a misdemeanor.
Sec. 2-3. - Peace officer standards and training —Desire to participate.
The city declares that it desires to qualify to receive aid from the state under the
provisions of chapter 1 of title 4, part 4 of the California Penal Code.
Sec. 2-4. - Same —Adherence to standards.
Pursuant to section 13522 of said chapter 1, the city, while receiving aid from the
state pursuant to said chapter 1, will adhere to the standards for recruitment and
training established by the California Commission on Peace Officer Standards and
Training.
Sec. 2-5 - Corrections program standards and training.
While receiving any state aid pursuant to article 2 (commencing with section 6040)
of chapter 5 of title 7 of part III of the California Penal Code, the city will adhere to the
standards for selection and training established bV the board of corrections.
Sec. 2-6. - Certain reserve police officers to have powers of regular police officer.
(a) All reserve police officers of the City of Santa Ana who have been issued a Peace
Officers Standards and Training Level I Reserve Officer Certificate prior to January
1, 1981, shall have the full powers of a peace officer, where the city manager, on
the recommendation of the chief of police, has determined such reserve officer
qualified to perform general law enforcement duties by reason of such reserve
officers' training and experience.
(b) This section retains in the chief of police the authority, control and command over
the reserve police force and permits the adoption of rules and regulations limiting or
designating the extent of authority of the various activities of the reserve officers.
Secs. 247 — 2-99. — Reserved.
[Articles II -III NOT INCLUDED]
ARTICLE IV. - OFFICERS, DEPARTMENTS, BOARDS AND COMMISSIONS
DIVISION 1. - GE"'r OFFICERS
Sec. 2-300. - City officers and department heads.
The following are officers of the City of Santa Ana:
(1) Members of the city council;
Ordinance No. NS-XXXX
11 A-2 Page 2 of 44
(2) City manager;
(3) City attorney;
(4) Clerk of the council;
(5) Assistant city manager;
(6) Deputy city manager fnr ,+e„e'nnmen+
(7) Special assistant to the city manager;
(8) Police chief;
(9) Executive director of finance and management services;
(10) Executive director of public works;
(11) Executive director of parks, recreation and community services;
(12) Executive director of human resources;
(13) Executive director of community development;
(14) Executive director of planning and building safety,--
(15) Executive director of information technologV; and
(16) Executive director of library services.
225. inn n on�gprr RRGI Of.+ep6lty pity m r fnr Gle„elnnmen+
d 0ren+'ye of the n'+y n nil the n'+y maRageF 9F i beaFd OF GOMMOSSOOR Of the n'+y,
nny ageRGY OF burly n n+rnlled by the n'+y, OF OR y rJnniimen+to the
ri+y m r fnr rleyelnnmen+ GeWiGeG, nrl the rleni i+y ni+y m r fnr Gleyelnnmen+
oeni'nec chill Gsumeall powers;and rL A'ec n+henuice a erl by the e ni hive
Sec. 2-300.4.- Reserved.
Sec. 2-300.5. - Executive director of planning and building safety.
All references in this Code, or in any resolution, agreement, regulation,
authorization or directive of the city council, the city manager or any board or
commission of the city, or in any document whatsoever that predates the effective date
of this section, to the planning director, the building director, the director of building
safety, and the director of planning and development service, or the ,fen„+„ ni+„
shall be deemed references to executive director of
planning and building safety.
Sec. 2-300.6. - Executive director of parks. recreation and community services.
Ordinance No. NS-XXXX
Page 3 of 44 11 A-3
All references in this code, or in any resolution, agreement, regulation, authorization
or directive of the city council, the city manager, or any board or commission of the City
of Santa Ana, or any document whatsoever, to the director of recreation and parks or to
the executive director of recreation, parks and community services shall be deemed
references to the executive director of parks, recreation and community services.
Sec. 2-300.7. - Executive director of human resources.
All references in the charter or this Code, or in any resolution, agreement,
regulation, authorization or directive of the city council, the city manager, or any board
or commission of the City of Santa Ana, or any document whatsoever, to the director of
personnel shall be deemed references to the executive director of human resources.
Sec. 2-300.8. - Executive director of finance and management services.
1_All references in the charter or this Code, or in any resolution, agreement, regulation,
authorization or directive of the city council, the city manager, or any board or
commission of the City of Santa Ana, or any document whatsoever, to the director of
finance shall be deemed references to the executive director of finance and
management services.
4-2. To become eligible for the position of -executive director of finance and
management services, the person appointed by the City Manager shall be qualified
to administer and direct an integrated department of finance, The executive director
of finance and management services shall have the power to:
a) Have charge of the administration of the financial affairs of the City under the
direction of the City Manager;
b) Supervise and be responsible for the disbursement of all moneys and have
control over all expenditures to insure that budget appropriations are not
exceeded;
c) Supervise a system of financial internal control including the auditing of all
purchase orders before issuance, the auditing and approving before payment
of all invoices, bills, payrolls, claims, demands, or other charges against the
City, and, with the advice of the City Attorney, when necessary, determine the
regularity, legality, and correctness of such charges:
d) -Direct the settlement of claims, demands or other charges, including the
issuance of warrants therefor;
e) Direct the maintenance of accounting systems for the City government and
each of its offices, departments, and other agencies; keep separate accounts
for the items of appropriation contained in the City budget, each of which
accounts shall show the amount of appropriations, the amounts paid
therefrom, the unpaid obligations against it, and the unencumbered balance;
Ordinance No. NS-XXXX
11 A-4 Page 4 of 44
and require reports of the receipts and disbursements from each receiving
and expending agency of the City government; to be made daily or at such
intervals as he or she may deem expedient;
f) Submit to the City Council through the City Manager a monthly statement of
all receipts and disbursements and other financial data in sufficient detail to
show the -financial position of the City, and, as of the end of each fiscal year,
submit a complete financial statement and report;
g) Direct the administration of the license and business tax program of the City;
h) Direct treasury administration for the City: including the receiving and
collecting of revenues and receipts from whatever source; have custody of all
public funds belonging to or under the control of the City or any office,
department, or other agencV of the CitV government; and deposit all funds
se+;+aQ. mate received in such depositorV as maV be designated bV resolution
of the CitV Council, or, if no such resolution be adopted, bV the CitV Manager,
in compliance with the provisions of the state constitution and laws of the
state governing the handling, depositing, and securing of public funds.
i) Direct centralized purchasing and a property control system for the City
government under the rules and regulations to be prescribed by ordinance.
0
._
Ordinance No. NS-XXXX
Page 5 of 44 11 A-5
Participationph
programs.
(a) No member of a board or commission, city officer or employee, who in the course
of his or her duties is required to participate in the formulation of policies for, or
implementation of, any city -sponsored real estate incentive program, shall be
eligible to participate in, or directly or indirectly receive any benefits therefrom,
except as set forth in subsection (c) hereof.
(b) City -sponsored real estate incentive program, for purposes of this section, shall
have the same meaning as set forth in section 2-109 of this chapter, as it exists now
or as amended in the future.
(c) The prohibitions set forth in this section shall be inapplicable where they are in
conflict with state or federal law.
Secs. 2-305-2-32449. - Reserved.
2ess—:2 24T0—:2 328. Respved.
DIVISION 2. -APPOINTIVE BOARDS AND COMMISSIONS
Sec. 2-325. - Compensation for members of boards, commissions.
1. The members of the following boards and commissions of the city shall receive the
compensation as set forth herein:
(a) Community {Development and Housing Csommission. Fifty dollars
($50.00) per meeting, three (3) meetings maximum per month, plus twenty
dollars ($20.00) per month automobile allowance.
(b) Personnel Bboard. Fifty dollars ($50.00) per meeting.
(c) Planning Coommission. Fifty dollars ($50.00) per meeting, three (3) meetings
maximum per month, plus fifty dollars ($50.00) per month automobile
allowance.
(d) Historic Rfesources Coommission. Fifty dollars ($50.00) per meeting, two (2)
meetings maximum per month.
(e) Q^a.d of rerreatiGn apd ^a' Parks, Recreation and Community Services
Commission. Fifty dollars ($50.00) per meeting, two (2) meetings maximum per
month.
Ordinance No. NS-XXXX
11 A-6 Page 6 of 44
(f) Environmental and Ttransportation Aadvisory Ctteaommission. Fifty
dollars ($50.00) per meeting, two (2) meetings maximum per month.
(g) Youth Csommission. One (1) meeting per month, three (3) special meetings
maximum per year with the compensation of fifty dollars ($50.00) per meeting_
cer r ulaF where tWeRty five Glellars ($25 nn) n etiRg cer
alternate members, RGI +ew Glellare ($19 nn) per etiRg cer aGGGGiat&
mew.hecY
rrrcrrrvcra.
(h)
Arts and CGulture Csommission. Each commission member shall receive a
maximum compensation in the amount of $50.00 for attendance at one regular meeting
per month.
2. The members of the appointive boards and commissions may receive
reimbursement for necessary traveling and other expenses when on official duty of
the CitV when such expenditure has been appropriated bV the CitV Council and been
se authorized by the board or commission and subject to rules and regulations
prescribed by ordinance or order of the City Council.
.Sec. 2-326. — Appointments, removals, vacancies, term
a) Except as otherwise specified in the charter, the member of each of the
appointive boards and commissions shall be appointed, and may be
removed, by the City Council, subject in both appointment and removal by
the affirmative votes of a maloritV of the members. For boards and
commissions having at least seven (7) members, the City Council shall
select seven (7) members from nominations made by the council member
(or mayor in the case of the city-wide seat) whose term coincides with that
board or commission seat, as determined by the City Council in
accordance with subsection (e) below, together with nominations from any
other member of the Council all other appointments shall be as
determined by the charter, or by the City Council from time to time. At
least fifty -percent (50%) of those persons nominated from time to time by
a council member shall be residents of the ward represented by such
council member. At the request of a councilmember, this rule may be
waived by a 2/3 vote for the City Council for any one appointment if the
requesting member is unable to find a qualified and acceptable ward
resident to nominate. For purposes of this rule, residency is only required
at the time of nomination.
b) Vacancies arisina from whatever cause shall be filled in the same manner
Upon a vacancy occurring leaving an unexpired portion of the term, any
appointment to fill such a vacancy shall be for the unexpired portion of
such term. All terms shall begin on the same date as City Councilmember
terms as provided in section 400 of the Charter.
Ordinance No. NS-XXXX
Page 7 of 44 11 A-7
c) If a member of a board or commission absents himself or herself from two
(2) regular meetings of such board or commission, consecutively, unless
by permission of such board or commission expressed in its official
minutes, or fails to attend at least one-half (1/2) of the regular meetings of
such board or commission within a calendar Vear, or is convicted of a
crime involving moral turpitude, or ceases to be a qualified elector of the
CitV, the office shall become vacant and shall be so declared bV the City
Council.
d) Except as otherwise provided in this section, the members of such boards
and commissions shall serve for a term of four (4) years and until their
respective successors are appointed or qualified, but in no event shall any
persons be eligible for reappointment who has served three (3)
consecutive terms of four (4) years each, irrespective of what seat or
seats the member is appointed to by the City Council. Notwithstanding
the foregoing, one seat shall be a city-wide seat having a two (2) year
term which coincides with that of the Mayor, and which shall be limited to
four (4) consecutive terms. Short or partial terms (as defined for City
Council in Section 401 of the Charter) shall not be considered. Unless
otherwise provided bV ordinance of the CitV Council for a board or
commission havina more or less than seven (7) members. the terms of
three (3) of the members of each such board or commission shall begin on
the date of the beainnina of the term of office of council members elected
at every second general election commencing with the April, 1983 general
election, the terms of three (3) other members shall begin on the date of
the beginning of the term of office of council members elected at every
second general election commencing with the November, 1984 general
election, and one (1), as designated by the City Council, shall coincide
with the term of the mayor. It is the intent of this section that the term of
office on boards and commissions shall be concurrent with the term of
office of council members. Thereafter, any appointment to fill an
unexpired term shall be for such an unexpired period. No person shall be
eligible for appointment to a board or commission who completed a term
on the City Council immediately preceding that board or commission term.
fe�-For boards and commissions with at least seven (7) members, the City
Council shall designate six (6)- board and commission seats by ward, and one
city-wide. These designations shall be solely for the purpose of nominations and
calculations of terms as provided in this Section 2-326. Except for purposes of
the fifty -percent (50%) nomination rule in subsection (a) above, residency in that
ward is not required.
Ordinance No. NS-XXXX
11 A-8 Page 8 of 44
Sec. 2-327. —Prohibition aaainst serving as treasurer for camnaian committee
If any member of an appointive board or commission shall become the treasurer
of a campaign committee which receives contributions for any candidate for mayor or
councilmember, his or her office shall become vacant and shall be so declared by the
City Council. -No person who serves as the treasurer of a campaign committee which
receives contributions for anV candidate for mayor or councilmember shall be eligible for
appointment to anv appointive board or commission.
Sec. 2-328. —Meetinas: chairperson: recording secretarv.
The election of each chairperson and vice -chairperson 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
chairperson or vice -chair person, shall elect one of its members for the unexpired term.
The chairperson shall have the responsibilitV for informing the CitV Council of board,
commission, or committee actions or inactions and the reasons therefore.
The CitV Manager or his or her designee 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 the charter, this
code, 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.
2eas-2-3:2a :2 34P. ResApved.
Sec. 2-329. — Reserved.
DIVISION 3.- PERSONNEL BOARD
Sec. 2-330. —Personnel board-Membershi
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 in city government 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 period of one (1) year after he or she 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.
Ordinance No. NS-XXXX A
Page 9 of 44 11 A-9
Sec. 2-331.-Same-Powers and duties.
The personnel board shall have power and be required to:
a) Hear appeals pertaining to the disciplinary 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 amendments to or repeal of civil service
rules and regulations in the manner as prescribed by ordinance, and advise the
council of its findings in such matters within sixty (60) days.
Sec. 2-332. —Attendance of witnesses; oaths and affirmations.
The personnel board shall have the same power as the City Council to compel the
attendance of witnesses, to examine them under oath, and to compel the production of
evidence before it. Each member of the personnel board shall have the power to
administer oaths and affirmations in any investigation or proceeding pending before it.
DIVISION 4.- PARKS, RECREATION AND COMMUNITY SERVICES COMMISSION
Sec. 2-333. Parks, Recreation, and Community Services Commission —Membership.
The members of the parks, recreation, and community services commission
shall be appointed from the qualified electors for the City. Seven (7) members shall be
appointed as required by section 2-326 of -this code.
Sec. 2-334.-Same-Powers and duties.
The parks, recreation and community services commission shall have the power and
duty to:
Ordinance No. NS-XXXX
11 A-1 0 Page 10 of 44
a) Act in an advisory capacity to the City Council in matters pertaining to the
acquisition, capital improvements, rehabilitation and maintenance of parks and
recreational, cultural, zoo and facilities;
b) Act in an advisory capacity and consider the proposed annual budget for the
Parks, Recreation, and Community Services AgencV and make
recommendations to the City Manager and/or CitV Council;
b.)c) Act in an advisory capacity to the CitV Council in recommending policies
and/or legislation on all matters pertaining to parks, recreation and community
services;
a}d) Perform such other duties as may be directed bV the City Council;
d)e) Act in an advisory capacity and provide a recommendation to the City
Council and the City Manager as to the acceptance or resection of offers of
donations of money, personal property or real estate to be used for recreation
and parks programs; and additionally, it shall make recommendations on the
sale, transfer, or usage of existing or future park property; and
e4f) The commission shall report annually to the City Council on its goals and
accomplishments.
Sec. 2-335-2-349. Reserved.
DIVISION 52-- PLANNING COMMISSION
Sec. 2-350. - Establishment.
There is created and established a planning commission for the city pursuant to
Santa Ana city Charter section 900
the pity nheher.
�������, : 1 1 1 ! � 11 11 • 1 JlCaiil�T-a'��T
The planning commission shall consist of seven (7) members to be appointed by
the City Council from the qualified electors of the City, and no member of said
commission shall hold any paid office or employment in City government.
Sec. 2-350.2 —Planning commission- Powers and duties
The planning commission shall have the power and be required to:
a) Periodically review the City's General Plan;
b) Make studies and plans for future civic land use, including use as public
recreation facilities;
Ordinance No. NS-XXXX
Page 11 of 44 11 A-1 1
c) Annually review the City's capital improvement program solely for
consistency with the General Plan;
d) Exercise such functions as to land subdivisions, zoning and other City
planning as maV be prescribed bV ordinance; and-
e) By its own motion, make such studies and investigations as it may deem
necessary for the formulation of planning and land use policies and report
its findings and recommendations to the City Council or the City Manager,
or to both such authorities, as it may see fit.
Sec. 2-351. - Meetings.
planningThe
datesmeet at
Sec. 2-353. - Committees.
The chair ep rsonn4ar� of the planning commission shall appoint as needed such
temporary or standing committees for the study, investigation and report of particular
matters as may be helpful in carrying out the responsibilities of the commission.
Sec. 2-354. - RevieW of budget. Reserved.
Ordinance No. NS-XXXX
11 A-1 2 Page 12 of 44
Sec. 2-355. - Director's duties.
It shall be the duty of the Executive Director of planning and building safety
pl@RROR9 GliFeGtGr as chief administrative officer of the planning department of the city to
make or cause to be made such investigations, studies, drawings, maps and reports
and recommendations as requested by the planning commission in the furtherance of
its transactions. In addition, the planning director shall report to the planning
commission all information and data available to him or her which can be of assistance
to the deliberations of the commission and shall advise and recommend to the
commission on all technical matters relating to city planning.
Sec. 2-356. - City administrative officials' duties.
It shall be the duty of all officials of the city to furnish to the planning commission
within a reasonable length of time any information available to such officials as may be
requested by the commission and required by it for the effective carrying out of its
responsibilities.
Sec. 2-357. - Submission of capital improvement plans.
On or before the first day of March in each year each city officer, department, office,
board, commission or other city agency whose functions include recommending,
preparing plans for or constructing public capital improvements shall submit to the
planning director, as the agent for the planning commission, a list of capital
improvements proposed by such officer or agency for planning, initiation or construction
during the ensuing fiscal year.
Sec. 2-358. - Report to council on capital improvement schedule.
On or before the fifteenth day of May of each year the planning commission shall
submit a report to the city council which shall contain any revisions recommended by it
in the teR "mar capital improvement program, as required by �PG-GR o, n of - e +„
Ah;;4pr section 2-357 of this Code, and shall also contain the comments and
recommendations of the commission regarding the capital improvements proposed by
the various officers and agencies of the city as provided for in section 2-357.
Sec. 2-359. - Appeals from decisions of the building official.
The planning commission shall also hear appeals from the decisions of the building
official in accordance with section 8-4 of this Code.
Sec. 2-360. —Attendance of witnesses; oaths and affirmations
The planning commission, when hearing appeals from the decision of the building
official, shall have the same power as the City Council to compel the attendance of
Ordinance No. NS-XXXX
Page 13 of 44 11 A-1 3
witnesses, to examine them under oath, and to compel the production of evidence
before it. Each member of the planninq commission shall have the power to administer
oaths and affirmations in any investigation or proceeding pending before it.
Secs. 2-3619-2-369. - Reserved.
DIVISION 62-.-5. - HISTORIC RESOURCES COMMISSION
Sec. 2-370. - Establishment.
There is created and established a historic resources commission for the city
pursuant to and in accordance with the provisions of city Charter section 900. evrnvie rn
of the Qty rharte.
Sec. 2-371. - Members.
The historic resources commission shall consist of nine (9) members. Seven (7)
members shall be subject to appointment and removal and shall serve terms in
accordance with section 2-326 of this Code. tie on, of the rhartpr of the Qty of
Sa a —The remaining two (2) members shall be ex officio representatives from the
planning commission and the community 4:edevelopmentaRGI he61s+R9 commission, with
one (1) member from each commission. Commission members should possess an
expertise and experience in the disciplines of architecture, history, architectural history,
planning or other historic preservation related disciplines, such as urban planning, to the
extent that such professionals are available in the community.
Sec. 2-372. - Meetings.
The historic resources commission shall meet
P;;Ah rnnnth at dates and times specifically set out and established in the bylaws riles of
the commission.
Sec. 2-373. - Director's duties.
It shall be the duty of the executive director of the planning and building safety
ate, as chief administrative officer of the planning department of the city, to make or
cause to be made such investigations, studies, drawings, maps and reports and
recommendations as requested by the historic resources commission in the furtherance
of its transactions. In addition, the executive director of the planning and building
a safety shall report to the historic resources commission all information and data
available to him or her which can be of assistance to the deliberations of the
commission and shall advise and recommend to the commission on all technical
matters to historic preservation.
Sec. 2-374. - Powers and duties.
The historic resources commission shall have the following powers and duties:
Ordinance No. NS-XXXX
11 A-14 Page 14 of 44
(a) Consider all matters that may be referred to it by the city council or the city
manager and shall render its recommendations, counsel and advice in regards
thereto;
(b) Carry out those duties enumerated in chapter 30 of this Code regarding
places of historical and architectural significance;
(c) Advise and make recommendations to the city council on applications for
properties to be included in financial incentive programs participated in by the
city for the preservation of historic resources;
(d) Advise and make recommendations to the planning commission, city council
and other city boards and commissions regarding historical projects and
property;
(e) Recommend to the city council policies and regulations regarding the
protection, reuse and rehabilitation of historical property;
(f) Recommend to the city council programs for the protection, retention and use
of historic resources including utilizing federal, state, local and/or private
funding sources and mechanisms, such as Certified Local Government
Program, Mills Act Contracts, and the state Historic Building Code;
(g) Recommend to the city council programs that confer recognition upon the
owners of designated historic resources;
(h) Encourage public understanding and involvement in historic and architectural
heritage.
Secs. 2-375-2-443-99. - Reserved.
oru-rvrvrrErn rnvrnvrvrnvrvEv
i-
', Ii—
` 1 �
0.. ! IN ,
e e
Ordinance No. NS-XXXX
Page 15 of 44 11 A-15
c�r�ras----
Few —
Ordinance No. NS-XXXX
Page 17 of 44 11 A-17
NO
. .. . ......-
Ordinance No. NS-XXXX
11 A-1 o Page 18 of 44
Ordinance No. NS-XXXX A
Page 19 of 44 11 A-19
Ordinance No. NS-XXXX
11 A-20 Page 20 of 44
r:r=------ rz�ranrr.�ra�rs�rr.rs>�ir�.r.Trr.nma�sr.
r.�.inrrrnrTmmIMma
=r CTm - - -
imm
oil ml
'
- ••- - -
" - --
--sir+=-"
- "
-" --- - --- - ---
Ordinance No. NS-XXXX
Page 23 of 44 11 A-23
Bess. 22 40002 449. Renewed. DIVISION 7-4. —YOUTH COMMISSION
Sec. 2-450. - Commission established; composition.
There is hereby created and established a youth commission for the City of Santa Ana,
having such powers as set forth in this division. The youth commission shall consist of
seven (7) regular members; seen (7) alteFRate members, and seveR (7) assepiate
mprnbprs, who shall be subject to appointment and removal pursuant to Section 2-326
of this Code. 09A 9n1 of tho rhQ14Rr of tho ri+„ of 2anta Ana
ajapreval of a majority of %he„Yoirth G91*11*106609R, shall a i%ematiGally he—yvsated No
member of the commission shall hold anv paid office or be emDloved in the Citv
government.
Sec. 2-451. - Requirements of membership.
Each member of the youth commission shall be a student enrolled and attending school
in 7th through 12th grades, as well as a resident of the City of Santa Ana. RegulaK
aRMembers shall consist of uD to seven votina members. all residents of the Citv of
Santa Ana. be ages i tee (16) +o tWe ty (29) nite Mate members shall be ages
0 4} Should any member cease to reside within the City of Santa Ana, or cease to be a
student enrolled and attending a school,
his/her office shall automatically be vacated. All pFespest+ve
Sec. 2-452. - Director's duties.
It shall be the duty of executive director of the parks, recreation and community services
agency, and/or his/her designee, to report to the youth commission all information and
data available to him/her which can be of assistance to the deliberations of the
commission and shall advise the commission on any issues on which they require
assistance and/or guidance.
Ordinance No. NS-XXXX
11 A-24 Page 24 of 44
Sec. 2-453. - Meetings.
The youth commission shall meet at dates and times set forth in the bylaws. held at
;WGessaFy. The bylaws shall be approved by the City Council.
Sec. 2-454-2-455. Reserved.
r�IMP
�iwr�
r�x�rwrrrr
Sec. 2-456. - Organization.
The commission shall elect from its members a chairperson and vice chairperson, each
of whom shall serve in such position for the term of one (1) year. No member shall
serve in the position of chairperson for more than one (1) term.
Sec. 2-457. - Responsibilities and duties of commission.
The youth commission shall have the following responsibilities and duties:
(a)
tie Gity Ge61asil;
Ordinance No. NS-XXXX
Page 25 of 44 11 A-25
--------------------
(a) Act in an advisory capacity to the City Council in matters pertaining to youth and
teen services, programs, and cooperation with other public and/or private
agencies;
(b) Act in an advisory capacity and consider the proposed annual budget for the
Parks, Recreation and Community Services Agency and make recommendations
regarding youth services to the City Manager and/or City Council;
(c) Act in an advisory capacity to the City Council in recommending policies -and/or
legislation for improving the position of the Vouth in the City of Santa Ana;
(d) Perform such other duties as may be directed by the City Council;
Secs. 2-45-7-8-2-549. - Reserved.
DIVISION 8 5. - ARTS AND CULTURE COMMISSION
Sec. 2-550. - Establishment.
There shall be created, constituted and established a Santa Ana Arts and Culture
Commission.
Sec. 2-551. - Members.
The arts and culture commission shall consist of seven (7) members. Members of
the commission should be persons who are concerned about arts and cultural issues in
the city and should be persons who have professional expertise or substantial volunteer
involvement in the following areas: Visual, performing or literary arts; architecture,
design or urban planning; education; history; science; film; or arts and cultural institution
management. The commissioners shall be subject to appointment and removal and
shall serve terms in accordance with section 2-326 of this Code. Ce^+iry on, rvf +he
Cher+er of the City rvf gaRta ARa
Sec. 2-552. = Meetings_ .
The arts and culture commission shall meet on dates and times as ^n,., t at
ene (1) time a ^h ry er+er or more frervne Rtly aG RPPdPrJ e+ rde+e^ en^I time^ ^ ^ifi^^Ihi
set A-4 a:,(established in the bylaws OR the rwles of the commission. Fe^^h
Ordinance No. NS-XXXX
11 A-26 Page 26 of 44
--- .... .._
Sec. 2-552.5 - Duties of the city manager.
It shall be the duty of the city manager or his or her designee to provide staff
support to the arts and culture commission and provide data, materials and resources
which can be of assistance to the deliberations of the commission and shall advise and
recommend to the commission on all technical matters.
Sec. 2-553. - Powers and duties.
The arts and culture commission shall have the following powers and duties:
(a) The commission shall act as an advisory body to the city manager and the city
council and make recommendations regarding but not limited to:
(1) Policies, priorities and plans for the development and improvement of arts
and cultural activities in Santa Ana, and, in conjunction with other
appropriate agencies, in the greater Santa Ana area.
(2) Coordinating with the private sector and other governmental agencies in
promoting arts and cultural excellence as a tool for the encouragement of
economic development, business relocation and tourism.
(3) Organizing and promoting activities which celebrate the city and its unique
cultural heritage.
(4) Allocation and budgeting of funds for arts and cultural funding.
(5) Payments for the design, execution and placement of public art projects,
within established appropriations for the art projects.
(6) Encouraging the use of local artists in city public art projects.
(7) Guidelines for accepting, selecting, purchasing, commissioning, placing
and preserving art projects and other city art acquisitions, gifts or extended
loans of art.
(8) _ Deaccessioning of
artworks, when necessary;
(b) The commission shall a+se advocate for arts education, cultural diversity—,44e
caste. QitieG PrGgra and other initiatives that further the growth and
sustainability of the arts and cultural community in Santa Ana area.
(c) IR-a4d#ie�The commission shall have such other powers and duties as may
be appropriate in carrying out the purposes and goals of this division and as set
forth in reports or recommendations adopted by the city council.
(d) The commission shall cronsider matters referred to it by the city manager or
the city council.
Ordinance No. NS-XXXX
Page 27 of 44 11 A-27
DIVISION 9. - oEc �P4 ENVIRONMENTAL AND TRANSPORTATION
ADVISORY r^""^"""COMMISSION
Sec. 2-554. —Environmental and transportation advisory commission
On December 2, 1991, the city council created and established under city council
Resolution No. 91-112 the environmental and transportation advisory committee
/E� for the City of Santa Ana. This body shall now be known as the
environmental and transportation advisory commission (ETAC). The
environmental and transportation advisory e-commission shall be
comprised of nine (9) members who shall be qualified electors of the city. The
provisions of section 2-326- of this code -shall govern the appointment, removal
and terms of the members of ETAC and the existence of vacancies on ETAC
Membership in ETAC -may include (1) member who shall be nominated by the
Santa Ana Chamber of Commerce and approved by a majority of the City
Council and one (1) member nominated by the Santa Ana Hispanic Chamber of
Commerce and approved by the City Council within the nine (9) member limit.
The members nominated by the Chambers need not be qualified electors of the
city. Effective January 1, 2021, the members nominated by the Santa Ana
Chamber of Commerce and the Hispanic Chamber of Commerce are limited to
one, four (4) Vear term.
2. ETAC -meetings and procedures shall be resolved and detailed in separately
adopted by-laws.
Sec. 2-555. —Same-Duties and responsibilities.
1. The duties of ETAC -shall consist of acting in an advisory capacity to the city
council in the study, review, and recommendations with regard to the removal,
planting, replanting or disposition of public trees in the public right of way. ETAC
shall review and make recommendations regarding requests for public tree
removal by individual property owners, neighborhood associations, or
developers. The -ETAC shall make recommendations on designated species for
specific streets and neighborhoods.
2. ETAC will assist in the dissemination of news and information regarding the
protection, maintenance, removal and planting of public trees on public property
to the city council and citizens of the City of Santa Ana.
Ordinance No. NS-XXXX
11 A-28 Page 28 of 44
3. ETAC, when requested by the city council, shall consider, investigate, make
finding, report and recommend upon any special matters of question coming
within the scope of the urban forest.
4. The duties of ETAC shall also consist of acting in an advisory capacity to the city
council, in the study, review, and recommendation related to master planning of
transportation and streetscape matters, and guiding principles on Water and
Wastewater matters.
5. The ETAC shall provide general input regarding the City's Circulation Element,
the BicVcle and Pedestrian Master Plans, and Citywide Complete Streets, and
advice on major surface transportation programs. ETAC may also provide input
on street environment, streetscape, and right of way aesthetics.
Secs. 2-5564-2-599. - Reserved.
DIVISION 10ra. - LIBRARY151
Sec. 2-600. - Established; use.
A public library is established in the city for its inhabitants and nonresident
taxpayers. The public library shall provide free basic library services, subject always to
such ordinances and resolutions as may be made by the city council. Any person who
violates any such ordinance or regulation may, in addition to any other penalty, be
excluded from the privileges of the library.
Sec. 2-601�. - Reserved.
Sec. 2-6024. - Interfering with or disrupting library activities.
Any person who comes into any public library or onto the library's immediate
adjacent grounds, including but not limited to the patio and parking areas, and whose
presence or acts interfere with the purpose and peaceful conduct of the activities of
such library or disrupts the library or its facilities or its staff or its patrons or its activities
is guilty of a misdemeanor if he or she remains there after being asked to leave the
library by the library director or his or her designated representative.
Secs. 2-603-2-607. - Reserved.
Ordinance No. NS-XXXX A
Page 29 of 44 11 A-29
Secs. 2-608 - 2-609. - Reserved.
Secs. 2-610-2-615. - Reserved.
DIVISION 11�. - REDEVELOPMENT AGENCYu
Sec. 2-616. - Need for agency declared; agency authorized to function in city.
It is hereby found and declared, pursuant to Section 33101 of the Community
Redevelopment Law, that there is a need for the redevelopment agency created by
Section 33100 of said law to function in the City of Santa Ana, and said agency is
hereby authorized to transact business, and exercise its powers under the Community
Redevelopment Law.
Sec. 2-617. - Council designated redevelopment agency; rights, powers, duties, etc.
The Council of the City of Santa Ana hereby declares itself to be the redevelopment
agency, as provided in this division, and all rights, powers, duties, privileges and
immunities vested by the Community Redevelopment Law in such agency shall be and
are vested in this body.
Sec. 2-618. - City fee payment deferral.
(a) To the extent that the community redevelopment agency of the city has an
obligation to pay city fees or charges (including development fees and
administrative cost fees) for construction, demolition, or building site preparation
work, the payment of such fees by the redevelopment agency, or by contractors
performing such work, or by the subcontractors of such contractors, shall be
deferred until such time as the city council may demand the payment thereof. The
redevelopment agency shall be responsible for the eventual payment of all fees
deferred pursuant to this section, including those which would otherwise have been
paid by its contractors or their subcontractors. The redevelopment agency's
obligations under this section shall constitute an indebtedness of the redevelopment
agency to the city.
(b) For purposes of this section, the redevelopment agency shall be deemed to have
the obligation to pay city fees and charges for construction, demolition or site
preparation work in private property only to the extent that the redevelopment
agency has assumed such obligation in an agreement with a private developer for
the development of such property.
Sec. 2-619. — Successor Agency and Successor Housing Agency.
Per ABx1 26, all redevelopment agencies in California were effectively dissolved
as of and on February 1, 2012. Pursuant to Health and Safety Code section 34173, the
Ordinance No. NS-XXXX
11 A-30 Page 30 of 44
city elected to serve as the Successor Agency for the Community Redevelopment
AgencV, and selected the Housing Authority to act as the Successor Housing AgencV.
Seca , 2-620. - Reserved.
DIVISION 129. - COMMUNITY PE -DEVELOPMENT AND WGI 12ING COMMISSION
Sec. 2-621. - Commission created; composition.
There is hereby created the community redevelopment aRGI hG61GiR9 commission,
originally named the community redevelopment and housing commission, consisting of
seven (7) members, except as otherwise provided in section 2-626. The community
redevelopment aRGI hG61GiR9 commission shall serve both in the capacity of a community
redevelopment commission pursuant to Sections 33201 and 33202 of the Health and
Safety Code of the State of California and in the capacity of a housing commission
pursuant to Sections 34291 and 34292 of said Health and Safety Code.
Sec. 2-622. - Appointment, removal of members; filling of vacancies.
The members of the community redevelopment aRGI hG61s+a9 commission shall be
appointed and may be removed and vacancies filled, as provided in section on�c
Gity GhaTte 2-326 of this Code_; evnept as otherwise pFevided On seption2 626
Sec. 2-623. - Term of members.
The terms of the members of the community redevelopment and ;a61GiRg
commission shall be in accordance with section 2-326 of this Code CP-Ammon on, of +he
Gity garter, except as otherwise provided in section 2-626.
Sec. 2-624. - Commission members prohibited from acquiring interest in property
included within project areas.
No member of the community redevelopment and hOUSORg commission shall acquire
any interest in any property included within any project area undertaken by the
community redevelopment agency.
Sec. 2-625. - Members to disclose financial interest in property included within project
area.
Each member of the community redevelopment aRGI he61s+r9 commission who owns
or has any direct or indirect financial interest in any property included within a project
area as designated by the community redevelopment agency, shall immediately make a
written disclosure of it to the city council.
Sec. 2-626. - Tenant commissioners.
Two (2) tenant commissioners shall serve on the community redevelopment and
hG61GiR9 commission at such times as that commission is acting in the capacity of a
Ordinance No. NS-XXXX
Page 31 of 44 11 A-31
housing commission, and at such times the number of members of that commission
shall be increased to nine (9). The tenant commissioners shall serve for terms of two (2)
years, from the date of their appointments, and their successors shall be tenants.
Successors of tenant commissioners shall be appointed for a term of two (2) years. If a
tenant commissioner ceases to be a tenant, he or she shall be disqualified as a
commissioner and another tenant shall be appointed to fill the unexpired term.
Sec. 2-627. - Prohibited interest of commissioner.
(a) No member of the community redevelopment aad he61s+R9 commission shall
acquire any direct or indirect interest in any housing project or any property included
or planned to be included in any project, nor shall (s)he have any direct or indirect
interest in any contract or proposed contract for materials or services to be
furnished or used in connection with any housing project. If (s)he owns or controls a
direct or indirect interest in any such property, (s)he shall immediately make a
written disclosure of it to the housing authority and such disclosure shall be entered
upon its minutes. Failure so to disclose his/her interest constitutes misconduct in
office.
(b) Nothing contained in this section or any provision of the Housing Authorities Law
shall be construed as precluding a tenant of the housing authority from serving on
the community redevelopment aad h961G+R9 commission, provided that the fact of
such tenancy is disclosed to the housing authority in writing and entered upon its
minutes immediately upon assuming office; nor shall any provisions of this section
be construed as in any manner prohibiting the right of such tenant commissioner to
exercise his full powers vested in his/her office.
Secs. 2-628, 2-629. - Reserved.
DIVISION 139. - INDUSTRIAL DEVELOPMENT AUTHORITY
Sec. 2-630. - Purposes.
The California Industrial Development Financing Act, as set forth in Title 10
(commencing with Section 91500) of the Government Code of the State of California,
has established an industrial development authority of this city for the achievement of
specified public purposes. The public purposes are the increasing of opportunities for
useful employment or otherwise contributing to economic development. The need for
the establishment of an industrial development authority in the achievement of such
purposes is based upon findings that industry requires the new and alternative method
of capital finance that such authorities can provide in order for it to undertake the
acquisition, construction or rehabilitation of facilities the use of which will serve those
public purposes.
Sec. 2-631. - Findings.
Ordinance No. NS-XXXX
11 A-32 Page 32 of 44
There is a need in the City of Santa Ana for the acquisition, construction or
rehabilitation of facilities for the use of industry which will increase employment
opportunities or otherwise contribute to economic development, and further, the new
and alternative method of capital finance that industrial development authorities can
provide will aid in satisfying that need.
Sec. 2-632. - Declarations.
(a) Need. There is a need in the City of Santa Ana for an industrial development
authority to provide industry with an alternative and additional method of finance in
accordance with state policy as set forth in the California Industrial Development
Financing Act.
(b) Organization. The industrial development authority of this city established by the
California Industrial Development Financing Act is hereby declared organized and
shall function under the name "Industrial Development Authority of the City of Santa
Ana," and be authorized to transact business and exercise of all of the powers and
other authority conferred upon industrial development authorities by such act.
Sec. 2-633. - Board of directors.
The city council of the City of Santa Ana is declared to be, ex officio, the board of
directors of the industrial development authority of the City of Santa Ana.
Sec. 2-634. - Meetings.
The time, place and manner of the regular meetings of the board of directors of the
industrial development authority of the City of Santa Ana shall be established by bylaws
adopted by such board. I Intol inh town° as bylaws a SG adGpte,t the . „I,. n etiRgs
of wish heerd che11 he held ;at the hear of 2;99 n on the fire+ 1 ORGlay in the m nthc of
C;;nt;; nne
n wmm-ccr
Secs. 2-635-2-640. - Reserved.
DIVISION 1444. - HOUSING AUTHORITYu
Sec. 2-641. - Council designated housing authority.
The city council hereby declares itself to be the housing authority pursuant to
Section 34290 of the California Health and Safety Code, and all rights, powers, duties,
privileges and immunities vested by the Housing Authorities Law in such authority shall
be and are vested in said body.
Ordinance No. NS-XXXX
Page 33 of 44 11 A-33
DIVISION 15- EMERGENCY SERVICESi3I
Sec. 2-642. - Purposes.
The purposes of this division are to establish the emergency organization of the city:
to provide for coordination of the emergency functions of the city with all other public
agencies, organizations, businesses and private persons; and to provide for the
preparation and implementation of emergency plans and procedures; all for the
protection of persons and property in the event of a large scale emergency or disaster.
Sec. 2-643. - Definitions.
For the purpose of this division, certain words and phrases shall be construed as
follows, unless it is apparent from the context that a different meaning is intended:
Emergency or local emergency — Means the duly proclaimed existence of
conditions of disaster or of extreme peril to the safety of persons and property within the
territorial limits of the city or county, caused by such conditions as air pollution, fire,
flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or
animal infestation or disease, the governor's warning of an earthquake or volcanic
prediction, or an earthquake, or other conditions, other than conditions resulting from a
labor controversy, which are or are likely to be beyond the control of the services,
personnel, equipment, and facilities of the political subdivision and require the combined
forces of other political subdivisions to combat, or with respect to regulated energy
utilities, a sudden and severe energy shortage requires extraordinary measures beyond
the authority vested in the California Public Utilities Commission.
State of emergency — Means the duly proclaimed existence of conditions of
disaster or of extreme peril to the safety of persons and property within the state,
caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought,
sudden and severe energy shortage, plant or animal infestation or disease, the
governor's warning of an earthquake or volcanic prediction, or an earthquake, or other
conditions, other than conditions resulting from a labor controversy or conditions
causing a "state of war emergency", which, by reason of their magnitude, are or are
likely to be beyond the control of the services, personnel, equipment, and facilities of
any single county, city and county, or city and require the combined forces of a mutual
aid region or regions to combat, or with respect to regulated energy utilities, a sudden
and severe energy shortage requires extraordinary measures beyond the authority
vested in the California Public Utilities Commission.
State of war emergency — Means the condition which exists immediately, with or
without a proclamation thereof by the governor, whenever this state or nation is
attacked by an enemy of the United States, or upon receipt by the state of a warning
from the federal government indicating that such an enemy attack is probable or
imminent.
Emergency services/emergency operations/emergency management — Used
interchangeably, means the preparation for and carrying out of all emergency functions
necessary to mitigate, prevent, prepare for, respond to, and recover from large
Ordinance No. NS-XXXX
11 A-34 Page 34 of 44
emergencies or disasters caused by all hazards, whether natural, technological or
human caused.
Director or director of emergency services — Means the individual having primary
iurisdiction and authority over the city's response and recovery to emergencies and
disasters and is authorized to act on behalf of the citv.
Sec. 2-644. - Emeraencv organization
A. City organization. All officers and employees of the city, together with those
volunteer forces enrolled to aid them in an emergency, and all groups, organizations
and persons who maV by agreement or operation of law, including persons pressed
into service under the provisions of this title, charged with duties incident to the
protection of persons and property in this city during such emergency, shall
constitute the emergency organization of the city.
B. Disaster service workers. Pursuant to California Government Code Sections 3100
to 3109, all public employees are declared to be disaster service workers under law,
and are subiect to such disaster service activities as may be assigned by their
superiors or bV law, which maV include assisting anV unit of the emergencV
organization or performing any act contributing to the protection of life or propertV or
mitigating the effects of an emergencV or disaster. Private persons who register as
emergencV volunteers of the city are also deemed disaster service workers of the
city. The city police department and the city personnel department shall develop
policies and procedures for the registration, training and standards for employee
and volunteer disaster service workers.
C. Director of emergency services.
1. Director, deputy director and line of succession. There is hereby created the
position of director of emergencV services, who shall have full authoritV over the
operations and resources of the city during a proclaimed emergencV, and this
position shall be filled by the city manager. There is also created the position of
deputy director of emergencV services, which shall be filled by the chief of
police.
In the absence or the inability to act of the city manager, he/she shall
automatically be succeeded as director of emergencV services by the following
officials in the order named:
1. Deputy director of emergencV services/chief of police.
2. Assistant city manager
3. Deputy city manager.
4. Director of public works.
5. Director of finance and management services.
6. Director of planning and building.
Additionally, the city manager may designate a specific official to act as director
of emergencV services based upon the circumstances of a specific emergencV
Ordinance No. NS-XXXX
Page 35 of 44 11 A-35
event. An official designated as director may appoint a subordinate with
command or management authority to act as Director to accommodate
schedule conflicts, shift relief or other required absence.
2. Director of emergency services —Powers and duties. The director of
emergency services is empowered to:
1. In accordance with the provisions of Section 2-646A, request the city
council to proclaim the existence or threatened existence of a local
emergency, if the city council is in session: or to issue such proclamation if
the city council is not in session,
2. Request the governor to proclaim a state of emergency when, in the
opinion of the director, the locally available resources are inadequate to
cope with the emergency. (The County of Orange is also empowered to
make this request on behalf of the county as a whole, and commonly does
SO),
3. Control and direct the efforts of the emergency organization of the city for
the accomplishment of the purposes of this division,
4. Direct cooperation between, and coordination of, the services and staff of
the emergency organization of the city, and to resolve questions of authority
and responsibility that may arise among them,
5. In the event of the proclamation of a local emergency as provided herein,
or the proclamation of a state of emergency by the governor or the director
of the governor's office of emergency services, or the existence of a state of
war emergency, the director is hereby empowered to:
a. Make and issue rules, regulations, orders or directives on matters
reasonably necessary to the protection of life and property as affected
by such emergency: or to suspend rules, regulations, orders or
directives: provided such rules and regulations or suspensions are
confirmed by the city council at the earliest practicable time,
b. Requisition necessary personnel or material of any city department or
agency,
c. Obtain vital supplies, equipment or other such properties found lacking
and needed for the protection of life and property and to obligate the
city for the fair value thereof and, if required immediately, to
commandeer the same for public use,
d. Require emergency service of any city officer or employee, and to
command the aid of the citizens of this community.
e. Execute all of the ordinary powers and duties as city manager, all
special powers and duties conferred upon the city manager by this
division and by the emergency operations plan adopted pursuant
hereto, all powers and duties conferred upon him/her by any statute,
agreement or other lawful authority, and in conformity with Section
Ordinance No. NS-XXXX
11 A-36 Page 36 of 44
38791 of the California Government Code, to exercise complete
authority over the city and to exercise all police powers vested in the
city by the constitution and general laws.
3. Deputy director of emergency services —Powers and duties. The deputy
director of emergency services/chief of police is empowered, under the
supervision of the director, to:
1. Represent the city in all dealings with public and private agencies on
matters pertaining to any emergency as defined by this division,
2. Develop the emergency plans and manage the emergency programs of
this city,
3. Appoint and oversee an emergency operations coordinator in accordance
with, and to further execute, the provisions of this division,
4. Carry out any other powers or duties as may be assigned by the director.
D. City council —Powers and duties. The city council is empowered to:
Enact such ordinances, resolutions or rules as may be necessary to prevent,
prepare for, mitigate, respond to or recover from actual or foreseeable
emergencies or disasters,
2. In accordance with the provisions of Section 2-646A, proclaim the existence or
threatened existence of a local emergency, if in session; or to ratify such
proclamation made by the director if not in session,
3. During a local emergency, pursuant to Section 415 of the Charter, city council
may enact emergency ordinances on matters reasonably necessary to the
protection of life and property as affected by such emergency. City council may
review rules. regulations. orders or directives or suspensions thereof issued by
the director pursuant to subsection C.2
E. Emergency operations coordinator. There is created the position of emergency
operations coordinator, which shall reside in the city police department under the
supervision of the deputy director of emergency services/chief of police or his/her
designee. The emergency operations coordinator shall:
1. Coordinate all city activities related to emergency preparedness, prevention,
mitigation, response and recovery:
2. Facilitate emergency and disaster planning for the city, encompassing
governmental entities and resources, commercial and industrial resources, and
private or non -governmental organizations necessary to support disaster
operations;
3. Prepare and maintain the emergency operations plan for the city, and facilitate
with city departments the preparation and maintenance of standard operating
procedures and guidelines necessary to support disaster operations;
4. Prepare and maintain city supplies and facilities that support disaster
operations;
Ordinance No. NS-XXXX
Page 37 of 44
11 A-37
5. Develop and coordinate emergency training and exercise programs as may be
required for city staff, and an emergency preparedness community education
program;
6. Coordinate emergency planning and interagency coordination with other local,
state and federal agencies and with private or other disaster relief
organizations; and serve as the citV's representative member of regional
emergency planning and interagency coordination committees and planning
rg oups;
7. Recommend to the director of emergency services for referral to the city
council matters of policy related to disaster planning or preparedness;
Recommend to the director of emergency services for referral to the
emergency operations advisory board matters for consideration within the
purview of their responsibilities.
F. Emergency operations advisory board.
1. Emergency operations advisory board members. The city emergency
operations advisory board shall be composed of:
1. Director of emergency services/city manager, who shall be chair,
2. Deputy director of emergency services/chief of police, who shall be vice
chair,
3. Executive managers named in the director of emergency services line of
succession in subsection CA.:
a. Assistant city manager,
b. Deputy city manager,
c. Director of public works,
d. Director of finance and management,
e. Director of planning and building,
4. Orange County Fire Authority Division 6 Chief,
5. City attorney, who shall serve as legal advisor to the emergencV operations
advisory board,
6. City clerk, who shall serve as secretary to the emergency operations
advisory board,
7. Any other department directors or staff requested by the director of
emergency services, and
8. Emergency operations coordinator, to serve as staff to the emergency
operations advisory board.
2. Emergency operations advisory board —Powers and duties. It shall be the
responsibility of the city emergency operations advisory board, and it is
empowered to, review and recommend for adoption by the city council
Ordinance No. NS-XXXX
11 A-38 Page 38 of 44
emergency plans, policies and agreements, and such ordinances, resolutions,
rules and regulations as may be necessary to implement such plans and
agreements; to oversee the planning and preparedness activities of all city
departments; to oversee the training of all city staff and employees; and to
oversee the training and activities of volunteer programs of the city related to
disaster roles and functions. The emergency operations advisory board as a
body serves in a pre -disaster planning and preparedness role and as such body
may not have a direct role in disaster response or recovery activities.
3. Emergency operations advisory board meetings. The emergency operations
advisory board shall meet quarterly: and additionally as necessary upon the call
of the chair, or in his/her absence from the city or inability, upon call of the vice -
chair.
G. Emergency operations committee. The emergency operations committee is
created as a standing and working sub -committee to the emergency operations
advisory board. The emergency operations committee is composed of the
emergencv operations coordinator, who shall be chair, and managers or
management staff from each city department appointed by the department director
and who shall be able to speak on behalf of their department. The emergency
operations committee will provide operational direction for implementation of
programs and activities established by the emergency operations advisory board,
develop and maintain city emergency plans and procedures, coordinate training and
exercise programs for each city department and for the city as a whole, and shall
constitute a core of emergency operations center staff. The emergency operations
committee shall meet monthly and additionally at the direction of the emergency
operations advisory board or upon call of the emergencv operations coordinator.
H. Adoption of collaborative systems and standards. The city recognizes that a large-
scale emergency or disaster may have the potential to overwhelm the commonly
available resources and capabilities of the city and may require the combined
response of numerous agencies, iurisdictions and levels of government. Therefore,
the city participates in the Orange County Operational Area response and recovery
organization as provided by California Emergency Services Act Section 8605 and is
a signatory to the Orange County Operational Area Agreement. The city adopts the
California Standardized Emergency Management System (SEMS) and the federal
National Incident Management System (NIMS) as a basis for emergency plans and
response. The framework of these systems includes use of the Incident Command
System (ICS), multi -agency and interagency coordination, participation in the
Master Mutual Aid Agreement and Systems of the State of California, and the
Operational Area concept. The city will comply with the provisions of the California
Emergency Services Act.
Sec. 2-645. - Emergency operations plan.
The emergency operations committee shall be responsible for the development and
maintenance of the city emergency operations plan (EOP) and related annexes or
manuals. The EOP shall provide for the effective mobilization of all the resources of the
city, both public and private, to meet any condition constituting a local emergency, and
Ordinance No. NS-XXXX A
Page 39 of 44 11 A-39
shall provide for the organization, duties and functions, and procedures and capabilities
of the city's response to the emergency. Each city department will supplement the EOP
with those standard operating procedures necessary to fulfill their role in an emergency
under the EOP.
The EOP shall comply with the principles of the Orange County Operational Area
Agreement, the California Standardized Emergency Management System (SEMS) and
the federal National Incident Management System (NIMS).
The emergency operations advisory board shall be responsible to review and
recommend adoption of the EOP to city council, and to implement the requirements of
the plan once adopted. City council shall review and adopt the plan by resolution as a
policy of the city. Once adopted, the plan shall be mandatory upon city departments and
agencies, employees and registered volunteer emergency workers and shall have the
effect of law whenever an emergency has been proclaimed as provided in this division.
Sec. 2-646. - Emergency proclamations and measures.
A. Proclamations of local emergency. A local emergency, as defined by section 2-643
and by California Emergency Services Act Section 8558(c), may be proclaimed
upon conditions of disaster or extreme peril, existing or imminently likely, so as to
threaten lives and property, and by reason of its magnitude is or is likely to be
beyond the control of the available services, personnel, equipment and facilities of
the city.
The director of emergency services may request the city council to proclaim the
existence of a local emergency, if the city council is in session, or may issue such
proclamation if the city council is not in session. Such proclamation must be made
within ten (10) days of the occurrence of the disaster or emergency. Whenever a local
emergency is proclaimed by the director, the city council must, within seven (7) days
from the date of the original proclamation by the director, approve a resolution ratifying
the proclamation, or allow the proclamation to expire. City council shall review the need
for continuing the local emergency at least once every thirty (30) days and shall
terminate the emergency or allow it to expire at the earliest possible date that conditions
warrant.
During a local emergency, the city council or the director of emergency services
may promulgate ordinances, orders or regulations necessary to provide for the
protection of life and property, including orders or regulations imposing a curfew within
designated boundaries where necessary to preserve the public order and safety. Such
orders and regulations and amendments and rescissions thereof shall be in writing and
shall be given widespread publicity and notice.
The city council shall proclaim the termination of the local emergency at the earliest
possible date that conditions warrant. Upon termination of the local emergency, any
such rules, regulations, orders and directives or suspensions thereof prepared under
the proclamation of local emergency shall terminate and have no further force or effect.
B. Initial emergency measures. All emergency measures taken by the director of
emergency services prior to the issuance of an official proclamation of emergency.
or prior to any decision by the city council not to issue such proclamation, shall be
Ordinance No. NS-XXXX
11 A-40 Page 40 of 44
deemed conclusively to be for the direct protection and benefit of the inhabitants
and property of the city and shall be legal and binding on the city. The director of
emergency services shall be immune from any form of liability for all emergency
measures taken pursuant to an official proclamation of emergencV made by the
director prior to a decision bV the city council, even if the city council later decides
not to ratify the director's proclamation of emergencV.
C. Emergency expenditures. Any expenditure made in connection with emergencV
activities under this division, including mutual aid activities, shall be deemed
conclusively to be for the direct protection and benefit of the inhabitants and
Property of the city.
The director of emergencV services, during a proclaimed emergencV, shall have the
authority to approve contracts and waive normal purchasing requirements as necessarV
to support the emergencV response under this division and to protect the life and
Property of the residents of the city. The director shall have the authority to enter
contracts or make purchases for any supplies, materials, equipment or services when
any such item is immediately necessarV for the continued operation of city government,
for the preservation of life or property, or when such purchase is required for the health,
safety and welfare of the people, provided there is a present, immediate and existing
emergencV.
The finance director shall maintain a detailed accounting of all expenditures made
under this provision and shall submit upon termination of the emergencV, a detailed
report to the city manager, who in turn shall provide the report to the city council.
Sec. 2-647. - Continuity of government.
Disasters or large-scale emergencies may result in conditions causing the absence
or unavailability of officers or officials of the city. The preservation and continued
functioning of local government is of utmost concern in these circumstances. The city
will take these minimum precautions to provide for the continuance of essential
government services during times of emergencies:
A. City council. If, during a local emergencV, state of emergencV or state of war
emergencV that has been proclaimed or exists under the provisions of the
emergencV services act, it has been determined that a maiority of the city
council seats have become temporarily or permanently vacant and a regular
quorum no longer exists, the powers and authority of the city council, except for
those duties prescribed to the city council in Article IV, section 403 of the City
Charter, shall vest with the director of emergencV services until a quorum of the
regularly elected city council members is present, or until a sufficient number of
vacancies that are determined to be permanent are filled under the provisions
of Article IV, Section 403 of the City Charter.
B. Executive manaaement lines of succession. For the ourooses of this division
department directors shall appoint a three -deep order of succession of
appropriate subordinate management staff to succeed to their position in the
event that official is unavailable or unable to serve. The person who succeeds
to each office under this provision shall assume all the powers and duties of the
Ordinance No. NS-XXXX
Page 41 of 44 11 A-41
office succeeded to immediately upon such succession. The succeeding person
shall serve until the appointing official resumes his or her office or until a
permanent successor is appointed under the applicable provisions of the City
Charter or this Code.
Sec. 2-648. - Enforcement.
It shall be a misdemeanor for any person, during a proclaimed emergency, to:
a. Willfully obstruct, hinder or delay any member of the emergency organization in
the enforcement of any lawful rule or regulation issued pursuant to this division,
or in the performance of any duty imposed upon him/her by this division;
b. Engage in any act forbidden by any lawful rule or regulation issued pursuant to
this division, if such act is of such a nature as to give, or be likely to give,
assistance to an enemy, or to imperil the lives or property of inhabitants of this
city, or to prevent, hinder or delay the defense or protection thereof;
c. Wear, carry or display, without authority, any means of identification specified
by the Office of Emergency Services of the State of California or by the city.
Secs. 2-649 - 2-699. - Reserved
Section 3. The Santa Ana City Council. .Municipal
Code Sections8
8Reserved, -
GI
sV
l'Il10Yla
M• •J
Y•
ni•s�a-•i•a- •••- •tea • • - • • - • • •• •• _ _ • • • _ • • - v • _ •• • _ • • -
�I
\lL:♦YI -
Ordinance No. NS-XXXX
11 A-42 Page 42 of 44
Section 4. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it
would have adopted this ordinance and each section, subsection, sentence, clause, phrase
or portion thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 5. This ordinance shall become effective thirty (30) days after its adoption.
Section 6. The Clerk of the Council shall certify the adoption of this ordinance and
shall cause the same to be published as required by law.
ADOPTED this day of August, 2020.
Miguel A. Pulido
Mayor
Ordinance No. NS-XXXX
Page 43 of 44 11 A-43
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: iaww-
Laura A. Rossini
Acting Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached
Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the
City of Santa Ana on , 2020 and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date:
Daisy Gomez
Clerk of the Council
Ordinance No. NS-XXXX
11 A-44 Page 44 of 44
CLEAN VERSION
LAR 9.1.20
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING SANTA ANA MUNICIPAL
CODE CHAPTER 2, ARTICLES I AND IV AND REPEALING
SANTA ANA MUNICIPAL CODE SECTIONS 33-183 AND
SECTIONS 33-184
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. As part of a Charter modernization initiative, voters approved removal of
certain provisions regarding the Personnel Board, Planning Commission, and Board of
Parks and Recreation from the Charter. This amendment incorporates many of these
provisions into the Santa Ana Municipal Code;
B. Provisions regarding the City's Environmental and Transportation Advisory
Committee were located in Chapter 33 of the Santa Ana Municipal Code instead of in
Chapter 2 with the majority of the Boards, Commissions, and Committees. As part of
this amendment, all Boards, Commissions and Committees will be located in Chapter 2;
and
C. The amendment makes other changes to modernize and streamline
Articles I and IV of Chapter 2 of the Santa Ana Municipal Code including removing
dated provisions and updating other portions of the Code.
Section 2. The Santa Ana City Council hereby amends Chapter 2, Articles I and
IV of the Santa Ana Municipal Code as follows:
CHAPTER 2 - ADMINISTRATION
ARTICLE I. - IN GENERAL
Sec. 2-1. — Reserved.
Sec. 2-2. - Confidential matters.
(a) No city council member who obtains the private residential address, personal
email address, or telephone number of any city officer or employee from city
personnel records shall use such address or telephone number to advance the
private interests of themselves or others, including, but not limited to, business or
political purposes; provided, however, nothing herein shall be construed to prohibit
city council members from mailing holiday or greeting cards, invitations to social
Ordinance No. NS-XXXX
Page 1 of 45 11 A-45
events or similar items to city officers or employees at their private residential
addresses, regardless of the source of those addresses.
(b) Any violation of this section shall be a misdemeanor.
Sec. 2-3. - Peace officer standards and training —Desire to participate.
The city declares that it desires to qualify to receive aid from the state under the
provisions of chapter 1 of title 4, part 4 of the California Penal Code.
Sec. 2-4. - Same —Adherence to standards.
Pursuant to section 13522 of said chapter 1, the city, while receiving aid from the
state pursuant to said chapter 1, will adhere to the standards for recruitment and
training established by the California Commission on Peace Officer Standards and
Training.
Sec. 2-5 - Corrections program standards and training.
While receiving any state aid pursuant to article 2 (commencing with section 6040)
of chapter 5 of title 7 of part III of the California Penal Code, the city will adhere to the
standards for selection and training established by the board of corrections.
Sec. 2-6. - Certain reserve police officers to have powers of regular police officer.
(a) All reserve police officers of the City of Santa Ana who have been issued a Peace
Officers Standards and Training Level I Reserve Officer Certificate prior to January
1, 1981, shall have the full powers of a peace officer, where the city manager, on
the recommendation of the chief of police, has determined such reserve officer
qualified to perform general law enforcement duties by reason of such reserve
officers' training and experience.
(b) This section retains in the chief of police the authority, control and command over
the reserve police force and permits the adoption of rules and regulations limiting or
designating the extent of authority of the various activities of the reserve officers.
Secs. 2-7 - 2-99. - Reserved.
ARTICLE IV. - OFFICERS, DEPARTMENTS, BOARDS AND COMMISSIONS
I�71969[�7►f�i7��[y�:�y
Sec. 2-300. - City officers and department heads.
The following are officers of the City of Santa Ana:
(1) Members of the city council;
(2) City manager;
(3) City attorney;
Ordinance No. NS-XXXX
11 A-46 Page 2 of 31
(4) Clerk of the council;
(5) Assistant city manager;
(6) Deputy city manager;
(7) Special assistant to the city manager;
(8) Police chief;
(9) Executive director of finance and management services;
(10) Executive director of public works;
(11) Executive director of parks, recreation and community services;
(12) Executive director of human resources;
(13) Executive director of community development;
(14) Executive director of planning and building safety;
(15) Executive director of information technology; and
(16) Executive director of library services.
Sec. 2-300.4.- Reserved.
Sec. 2-300.5. - Executive director of planning and building safety.
All references in this Code, or in any resolution, agreement, regulation,
authorization or directive of the city council, the city manager or any board or
commission of the city, or in any document whatsoever that predates the effective date
of this section, to the planning director, the building director, the director of building
safety, and the director of planning and development service shall be deemed
references to executive director of planning and building safety.
Sec. 2-300.6. - Executive director of parks, recreation and community services
All references in this code, or in any resolution, agreement, regulation, authorization
or directive of the city council, the city manager, or any board or commission of the City
of Santa Ana, or any document whatsoever, to the director of recreation and parks or to
the executive director of recreation, parks and community services shall be deemed
references to the executive director of parks, recreation and community services.
Sec. 2-300.7. - Executive director of human resources.
All references in the charter or this Code, or in any resolution, agreement,
regulation, authorization or directive of the city council, the city manager, or any board
or commission of the City of Santa Ana, or any document whatsoever, to the director of
personnel shall be deemed references to the executive director of human resources.
Ordinance No. NS-XXXX
Page 3 of 31 11 A-47
Sec. 2-300.8. - Executive director of finance and management services.
1. All references in the charter or this Code, or in any resolution, agreement, regulation,
authorization or directive of the city council, the city manager, or any board or
commission of the City of Santa Ana, or any document whatsoever, to the director of
finance shall be deemed references to the executive director of finance and
management services.
2. To become eligible for the position of executive director of finance and management
services, the person appointed by the City Manager shall be qualified to administer
and direct an integrated department of finance, The executive director of finance
and management services shall have the power to:
a) Have charge of the administration of the financial affairs of the City under the
direction of the City Manager;
b) Supervise and be responsible for the disbursement of all moneys and have
control over all expenditures to insure that budget appropriations are not
exceeded;
c) Supervise a system of financial internal control including the auditing of all
purchase orders before issuance, the auditing and approving before payment
of all invoices, bills, payrolls, claims, demands, or other charges against the
City, and, with the advice of the City Attorney, when necessary, determine the
regularity, legality, and correctness of such charges;
d) Direct the settlement of claims, demands or other charges, including the
issuance of warrants therefor;
e) Direct the maintenance of accounting systems for the City government and
each of its offices, departments, and other agencies; keep separate accounts
for the items of appropriation contained in the City budget, each of which
accounts shall show the amount of appropriations, the amounts paid
therefrom, the unpaid obligations against it, and the unencumbered balance;
and require reports of the receipts and disbursements from each receiving
and expending agency of the City government; to be made daily or at such
intervals as he or she may deem expedient;
f) Submit to the City Council through the City Manager a monthly statement of
all receipts and disbursements and other financial data in sufficient detail to
show the financial position of the City, and, as of the end of each fiscal year,
submit a complete financial statement and report;
g) Direct the administration of the license and business tax program of the City;
Ordinance No. NS-XXXX
11 A-48 Page 4 of 31
h) Direct treasury administration for the City; including the receiving and
collecting of revenues and receipts from whatever source; have custody of all
public funds belonging to or under the control of the City or any office,
department, or other agency of the City government; and deposit all funds
received in such depository as may be designated by resolution of the City
Council, or, if no such resolution be adopted, by the City Manager, in
compliance with the provisions of the state constitution and laws of the state
governing the handling, depositing, and securing of public funds.
i) Direct centralized purchasing and a property control system for the City
government under the rules and regulations to be prescribed by ordinance.
Secs. 2-301 — 2-303. — Reserved.
Sec. 2-304. - Participation in real estate incentive programs.
(a) No member of a board or commission, city officer or employee, who in the course
of his or her duties is required to participate in the formulation of policies for, or
implementation of, any city -sponsored real estate incentive program, shall be
eligible to participate in, or directly or indirectly receive any benefits therefrom,
except as set forth in subsection (c) hereof.
(b) City -sponsored real estate incentive program, for purposes of this section, shall
have the same meaning as set forth in section 2-109 of this chapter, as it exists now
or as amended in the future.
(c) The prohibitions set forth in this section shall be inapplicable where they are in
conflict with state or federal law.
Secs. 2-305-2-324. - Reserved.
DIVISION 2. -APPOINTIVE BOARDS AND COMMISSIONS
Sec. 2-325. - Compensation for members of boards, commissions.
1. The members of the following boards and commissions of the city shall receive the
compensation as set forth herein:
(a) Community Development and Housing Commission. Fifty dollars ($50.00) per
meeting, three (3) meetings maximum per month, plus twenty dollars ($20.00)
per month automobile allowance.
(b) Personnel Board. Fifty dollars ($50.00) per meeting.
(c) Planning Commission. Fifty dollars ($50.00) per meeting, three (3) meetings
maximum per month, plus fifty dollars ($50.00) per month automobile
allowance.
Ordinance No. NS-XXXX A
Page 5 of 31 11 A-49
(d) Historic Resources Commission. Fifty dollars ($50.00) per meeting, two (2)
meetings maximum per month.
(e) Parks, Recreation and Community Services Commission. Fifty dollars
($50.00) per meeting, two (2) meetings maximum per month.
(f) Environmental and Transportation Advisory Commission. Fifty dollars ($50.00)
per meeting, two (2) meetings maximum per month.
(g) Youth Commission. One (1) meeting per month, three (3) special meetings
maximum per year with the compensation of fifty dollars ($50.00) per meeting.
(h) Arts and Culture Commission. Each commission member shall receive a
maximum compensation in the amount of $50.00 for attendance at one regular
meeting per month.
2. The members of the appointive boards and commissions may receive
reimbursement for necessary traveling and other expenses when on official duty of
the City when such expenditure has been appropriated by the City Council and
authorized by the board or commission and subject to rules and regulations
prescribed by ordinance or order of the City Council.
Sec. 2-326. — Appointments, removals, vacancies, term
a) Except as otherwise specified in the charter, the member of each of the
appointive boards and commissions shall be appointed, and may be
removed, by the City Council, subject in both appointment and removal by
the affirmative votes of a majority of the members. For boards and
commissions having at least seven (7) members, the City Council shall
select seven (7) members from nominations made by the council member
(or mayor in the case of the city-wide seat) whose term coincides with that
board or commission seat, as determined by the City Council in
accordance with subsection (e) below, together with nominations from any
other member of the Council all other appointments shall be as
determined by the charter, or by the City Council from time to time. At
least fifty -percent (50%) of those persons nominated from time to time by
a council member shall be residents of the ward represented by such
council member. At the request of a councilmember, this rule may be
waived by a 2/3 vote for the City Council for any one appointment if the
requesting member is unable to find a qualified and acceptable ward
resident to nominate. For purposes of this rule, residency is only required
at the time of nomination.
b) Vacancies arising from whatever cause shall be filled in the same manner.
Upon a vacancy occurring leaving an unexpired portion of the term, any
appointment to fill such a vacancy shall be for the unexpired portion of
Ordinance No. NS-XXXX
11 A-50 Page 6 of 31
such term. All terms shall begin on the same date as City Councilmember
terms as provided in section 400 of the Charter.
c) If a member of a board or commission absents himself or herself from two
(2) regular meetings of such board or commission, consecutively, unless
by permission of such board or commission expressed in its official
minutes, or fails to attend at least one-half (1/2) of the regular meetings of
such board or commission within a calendar year, or is convicted of a
crime involving moral turpitude, or ceases to be a qualified elector of the
City, the office shall become vacant and shall be so declared by the City
Council.
d) Except as otherwise provided in this section, the members of such boards
and commissions shall serve for a term of four (4) years and until their
respective successors are appointed or qualified, but in no event shall any
persons be eligible for reappointment who has served three (3)
consecutive terms of four (4) years each, irrespective of what seat or
seats the member is appointed to by the City Council. Notwithstanding
the foregoing, one seat shall be a city-wide seat having a two (2) year
term which coincides with that of the Mayor, and which shall be limited to
four (4) consecutive terms. Short or partial terms (as defined for City
Council in Section 401 of the Charter) shall not be considered. Unless
otherwise provided by ordinance of the City Council for a board or
commission having more or less than seven (7) members, the terms of
three (3) of the members of each such board or commission shall begin on
the date of the beginning of the term of office of council members elected
at every second general election commencing with the April, 1983 general
election, the terms of three (3) other members shall begin on the date of
the beginning of the term of office of council members elected at every
second general election commencing with the November, 1984 general
election, and one (1), as designated by the City Council, shall coincide
with the term of the mayor. It is the intent of this section that the term of
office on boards and commissions shall be concurrent with the term of
office of council members. Thereafter, any appointment to fill an
unexpired term shall be for such an unexpired period. No person shall be
eligible for appointment to a board or commission who completed a term
on the City Council immediately preceding that board or commission term.
(e) For boards and commissions with at least seven (7) members, the City
Council shall designate six (6} board and commission seats by ward, and
one city-wide. These designations shall be solely for the purpose of
nominations and calculations of terms as provided in this Section 2-326.
Ordinance No. NS-XXXX
Page 7 of 31 11 A-51
Except for purposes of the fifty -percent (50%) nomination rule in
subsection (a) above, residency in that ward is not required.
Sec. 2-327. —Prohibition against serving as treasurer for campaign committee
If any member of an appointive board or commission shall become the treasurer
of a campaign committee which receives contributions for any candidate for mayor or
councilmember, his or her office shall become vacant and shall be so declared by the
City Council. No person who serves as the treasurer of a campaign committee which
receives contributions for any candidate for mayor or councilmember shall be eligible for
appointment to any appointive board or commission.
Sec. 2-328. —Meetings; chairperson; recording secretary.
The election of each chairperson and vice -chairperson 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
chairperson or vice -chair person, shall elect one of its members for the unexpired term.
The chairperson shall have the responsibility for informing the City Council of board,
commission, or committee actions or inactions and the reasons therefore.
The City Manager or his or her designee 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 the charter, this
code, 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.
Sec. 2-329. — Reserved.
Sec. 2-330. —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 in city government 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 period of one (1) year after he or she has
Ordinance No. NS-XXXX
11 A-52 Page 8 of 31
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. 2-331.-Same-Powers and duties.
The personnel board shall have power and be required to:
a) Hear appeals pertaining to the disciplinary 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 amendments to or repeal of civil service
rules and regulations in the manner as prescribed by ordinance, and advise the
council of its findings in such matters within sixty (60) days.
Sec. 2-332. —Attendance of witnesses; oaths and affirmations.
The personnel board shall have the same power as the City Council to compel the
attendance of witnesses, to examine them under oath, and to compel the production of
evidence before it. Each member of the personnel board shall have the power to
administer oaths and affirmations in any investigation or proceeding pending before it.
DIVISION 4.- PARKS. RECREATION AND COMMUNITY SERVICES COMMISSION
Sec. 2-333. Parks, Recreation, and Community Services Commission —Membership.
The members of the parks, recreation, and community services commission shall
be appointed from the qualified electors for the City. Seven (7) members shall be
appointed as required by section 2-326 of this code.
Ordinance No. NS-XXXX
Page 9 of 31 11 A-53
Sec. 2-334.-Same-Powers and duties.
The parks, recreation and community services commission shall have the power and
duty to:
a) Act in an advisory capacity to the City Council in matters pertaining to the
acquisition, capital improvements, rehabilitation and maintenance of parks and
recreational, cultural, zoo and facilities;
b) Act in an advisory capacity and consider the proposed annual budget for the
Parks, Recreation, and Community Services Agency and make
recommendations to the City Manager and/or City Council;
c) Act in an advisory capacity to the City Council in recommending policies and/or
legislation on all matters pertaining to parks, recreation and community services;
d) Perform such other duties as may be directed by the City Council;
e) Act in an advisory capacity and provide a recommendation 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 parks
programs; and additionally, it shall make recommendations on the sale, transfer,
or usage of existing or future park property; and
f) The commission shall report annually to the City Council on its goals and
accomplishments.
Sec. 2-335-2-349. Reserved.
DIVISION 5 - PLANNING COMMISSION
Sec. 2-350. - Establishment.
There is created and established a planning commission for the city pursuant to
Santa Ana city Charter section 900.
Sec. 2-350.1 —Planning commission -Membership.
The planning commission shall consist of seven (7) members to be appointed by
the City Council from the qualified electors of the City, and no member of said
commission shall hold any paid office or employment in City government.
Sec. 2-350.2 —Planning commission- Powers and duties
The planning commission shall have the power and be required to:
a) Periodically review the City's General Plan;
Ordinance No. NS-XXXX
11 A-54 Page 10 of 31
b) Make studies and plans for future civic land use, including use as public
recreation facilities;
c) Annually review the City's capital improvement program solely for
consistency with the General Plan;
d) Exercise such functions as to land subdivisions, zoning and other City
planning as may be prescribed by ordinance; and
e) By its own motion, make such studies and investigations as it may deem
necessary for the formulation of planning and land use policies and report
its findings and recommendations to the City Council or the City Manager,
or to both such authorities, as it may see fit.
Sec. 2-351. - Meetings.
The planning commission shall meet at dates and times as set forth in its bylaws.
Sec. 2-352. -Reserved.
Sec. 2-353. - Committees.
The chairperson of the planning commission shall appoint as needed such
temporary or standing committees for the study, investigation and report of particular
matters as may be helpful in carrying out the responsibilities of the commission.
Sec. 2-354. - Reserved.
Sec. 2-355. - Director's duties.
It shall be the duty of the Executive Director of planning and building safety as chief
administrative officer of the planning department of the city to make or cause to be
made such investigations, studies, drawings, maps and reports and recommendations
as requested by the planning commission in the furtherance of its transactions. In
addition, the planning director shall report to the planning commission all information
and data available to him or her which can be of assistance to the deliberations of the
commission and shall advise and recommend to the commission on all technical
matters relating to city planning.
Sec. 2-356. - City administrative officials' duties.
It shall be the duty of all officials of the city to furnish to the planning commission
within a reasonable length of time any information available to such officials as may be
requested by the commission and required by it for the effective carrying out of its
responsibilities.
Ordinance No. NS-XXXX
Page 11 of 31 11 A-55
Sec. 2-357. - Submission of capital improvement plans.
On or before the first day of March in each year each city officer, department, office,
board, commission or other city agency whose functions include recommending,
preparing plans for or constructing public capital improvements shall submit to the
planning director, as the agent for the planning commission, a list of capital
improvements proposed by such officer or agency for planning, initiation or construction
during the ensuing fiscal year.
Sec. 2-358. - Report to council on capital improvement schedule.
On or before the fifteenth day of May of each year the planning commission shall
submit a report to the city council which shall contain any revisions recommended by it
in the capital improvement program, as required by section 2-357 of this Code, and
shall also contain the comments and recommendations of the commission regarding the
capital improvements proposed by the various officers and agencies of the city as
provided for in section 2-357.
Sec. 2-359. - Appeals from decisions of the building official.
The planning commission shall also hear appeals from the decisions of the building
official in accordance with section 8-4 of this Code.
Sec. 2-360. —Attendance of witnesses; oaths and affirmations
The planning commission, when hearing appeals from the decision of the building
official, shall have the same power as the City Council to compel the attendance of
witnesses, to examine them under oath, and to compel the production of evidence
before it. Each member of the planning commission shall have the power to administer
oaths and affirmations in any investigation or proceeding pending before it.
Secs. 2-361-2-369. - Reserved.
DIVISION 6. - HISTORIC RESOURCES COMMISSION
Sec. 2-370. - Establishment.
There is created and established a historic resources commission for the city
pursuant to and in accordance with the provisions of city Charter section 900.
Sec. 2-371. - Members.
The historic resources commission shall consist of nine (9) members. Seven (7)
members shall be subject to appointment and removal and shall serve terms in
accordance with section 2-326 of this Code. The remaining two (2) members shall be ex
officio representatives from the planning commission and the community development
commission, with one (1) member from each commission. Commission members
should possess an expertise and experience in the disciplines of architecture, history,
Ordinance No. NS-XXXX
11 A-56 Page 12 of 31
architectural history, planning or other historic preservation related disciplines, such as
urban planning, to the extent that such professionals are available in the community.
Sec. 2-372. - Meetings.
The historic resources commission shall meet at dates and times specifically set out
and established in the bylaws of the commission.
Sec. 2-373. - Director's duties.
It shall be the duty of the executive director of the planning and building safety , as
chief administrative officer of the planning department of the city, to make or cause to
be made such investigations, studies, drawings, maps and reports and
recommendations as requested by the historic resources commission in the furtherance
of its transactions. In addition, the executive director of the planning and building safety
shall report to the historic resources commission all information and data available to
him or her which can be of assistance to the deliberations of the commission and shall
advise and recommend to the commission on all technical matters to historic
preservation.
Sec. 2-374. - Powers and duties.
The historic resources commission shall have the following powers and duties:
(a) Consider all matters that may be referred to it by the city council or the city
manager and shall render its recommendations, counsel and advice in regards
thereto;
(b) Carry out those duties enumerated in chapter 30 of this Code regarding
places of historical and architectural significance;
(c) Advise and make recommendations to the city council on applications for
properties to be included in financial incentive programs participated in by the
city for the preservation of historic resources;
(d) Advise and make recommendations to the planning commission, city council
and other city boards and commissions regarding historical projects and
property;
(e) Recommend to the city council policies and regulations regarding the
protection, reuse and rehabilitation of historical property;
(f) Recommend to the city council programs for the protection, retention and use
of historic resources including utilizing federal, state, local and/or private
funding sources and mechanisms, such as Certified Local Government
Program, Mills Act Contracts, and the state Historic Building Code;
(g) Recommend to the city council programs that confer recognition upon the
owners of designated historic resources;
(h) Encourage public understanding and involvement in historic and architectural
heritage.
Secs. 2-375-2-449. - Reserved.
Ordinance No. NS-XXXX
Page 13 of 31 11 A-57
DIVISION 7. —YOUTH COMMISSION
Sec. 2-450. - Commission established; composition
There is hereby created and established a youth commission for the City of Santa Ana,
having such powers as set forth in this division. The youth commission shall consist of
seven (7) regular members who shall be subject to appointment and removal pursuant
to Section 2-326 of this Code. No member of the commission shall hold any paid office
or be employed in the City government.
Sec. 2-451. - Requirements of membership.
Each member of the youth commission shall be a student enrolled and attending school
in 7th through 12th grades, as well as a resident of the City of Santa Ana. Members shall
consist of up to seven voting members, all residents of the City of Santa Ana. Should
any member cease to reside within the City of Santa Ana, or cease to be a student
enrolled and attending a school his/her office shall automatically be vacated.
Sec. 2-452. - Director's duties
It shall be the duty of executive director of the parks, recreation and community services
agency, and/or his/her designee, to report to the youth commission all information and
data available to him/her which can be of assistance to the deliberations of the
commission and shall advise the commission on any issues on which they require
assistance and/or guidance.
Sec. 2-453. - Meetings.
The youth commission shall meet at dates and times set forth in the bylaws. The bylaws
shall be approved by the City Council.
Sec. 2-454-2-455. Reserved
Sec. 2-456. - Organization.
The commission shall elect from its members a chairperson and vice chairperson, each
of whom shall serve in such position for the term of one (1) year. No member shall
serve in the position of chairperson for more than one (1) term.
Sec. 2-457. - Responsibilities and duties of commission.
The youth commission shall have the following responsibilities and duties:
Ordinance No. NS-XXXX
11 A-58 Page 14 of 31
(a) Act in an advisory capacity to the City Council in matters pertaining to youth and
teen services, programs, and cooperation with other public and/or private
agencies;
(b) Act in an advisory capacity and consider the proposed annual budget for the
Parks, Recreation and Community Services Agency and make recommendations
regarding youth services to the City Manager and/or City Council;
(c) Act in an advisory capacity to the City Council in recommending policies and/or
legislation for improving the position of the youth in the City of Santa Ana; and
(d) Perform such other duties as may be directed by the City Council.
Secs. 2-458-2-549. - Reserved.
DIVISION 8. - ARTS AND CULTURE COMMISSION
Sec. 2-550. - Establishment.
There shall be created, constituted and established a Santa Ana Arts and Culture
Commission.
Sec. 2-551. - Members.
The arts and culture commission shall consist of seven (7) members. Members of
the commission should be persons who are concerned about arts and cultural issues in
the city and should be persons who have professional expertise or substantial volunteer
involvement in the following areas: Visual, performing or literary arts; architecture,
design or urban planning; education; history; science; film; or arts and cultural institution
management. The commissioners shall be subject to appointment and removal and
shall serve terms in accordance with section 2-326 of this Code.
Sec. 2-552. — Meetings.
The arts and culture commission shall meet on dates and times as established in
the bylaws of the commission.
Sec. 2-552.5 - Duties of the city manager.
It shall be the duty of the city manager or his or her designee to provide staff
support to the arts and culture commission and provide data, materials and resources
which can be of assistance to the deliberations of the commission and shall advise and
recommend to the commission on all technical matters.
Sec. 2-553. - Powers and duties.
The arts and culture commission shall have the following powers and duties:
(a) The commission shall act as an advisory body to the city manager and the city
council and make recommendations regarding but not limited to:
Ordinance No. NS-XXXX A
Page 15 of 31 11 A-59
(1) Policies, priorities and plans for the development and improvement of arts
and cultural activities in Santa Ana, and, in conjunction with other
appropriate agencies, in the greater Santa Ana area.
(2) Coordinating with the private sector and other governmental agencies in
promoting arts and cultural excellence as a tool for the encouragement of
economic development, business relocation and tourism.
(3) Organizing and promoting activities which celebrate the city and its unique
cultural heritage.
(4) Allocation and budgeting of funds for arts and cultural funding.
(5) Payments for the design, execution and placement of public art projects,
within established appropriations for the art projects.
(6) Encouraging the use of local artists in city public art projects.
(7) Guidelines for accepting, selecting, purchasing, commissioning, placing
and preserving art projects and other city art acquisitions, gifts or extended
loans of art.
(8) Deaccessioning of artworks, when necessary.
(b) The commission shall advocate for arts education, cultural diversity, and other
initiatives that further the growth and sustainability of the arts and cultural
community in Santa Ana area.
(c) The commission shall have such other powers and duties as may be
appropriate in carrying out the purposes and goals of this division and as set
forth in reports or recommendations adopted by the city council.
(d) The commission shall consider matters referred to it by the city manager or the
city council.
DIVISION 9. - ENVIRONMENTAL AND TRANSPORTATION ADVISORY
COMMISSION
Sec. 2-554. —Environmental and transportation advisory commission
1. On December 2, 1991, the city council created and established under city council
Resolution No. 91-112 the environmental and transportation advisory committee
for the City of Santa Ana. This body shall now be known as the environmental
and transportation advisory commission (ETAC). The environmental and
transportation advisory commission shall be comprised of nine (9) members who
shall be qualified electors of the city. The provisions of section 2-326 of this code
shall govern the appointment, removal and terms of the members of ETAC and
the existence of vacancies on ETAC Membership in ETAC may include (1)
member who shall be nominated by the Santa Ana Chamber of Commerce and
approved by a majority of the City Council and one (1) member nominated by the
Ordinance No. NS-XXXX
11 A-60 Page 16 of 31
Santa Ana Hispanic Chamber of Commerce and approved by the City Council
within the nine (9) member limit. The members nominated by the Chambers
need not be qualified electors of the city. Effective January 1, 2021, the
members nominated by the Santa Ana Chamber of Commerce and the Hispanic
Chamber of Commerce are limited to one, four (4) year term.
2. ETAC meetings and procedures shall be resolved and detailed in separately
adopted by-laws.
Sec. 2-555. —Same-Duties and responsibilities.
1. The duties of ETAC shall consist of acting in an advisory capacity to the city
council in the study, review, and recommendations with regard to the removal,
planting, replanting or disposition of public trees in the public right of way. ETAC
shall review and make recommendations regarding requests for public tree
removal by individual property owners, neighborhood associations, or
developers. The ETAC shall make recommendations on designated species for
specific streets and neighborhoods.
2. ETAC will assist in the dissemination of news and information regarding the
protection, maintenance, removal and planting of public trees on public property
to the city council and citizens of the City of Santa Ana.
3. ETAC, when requested by the city council, shall consider, investigate, make
finding, report and recommend upon any special matters of question coming
within the scope of the urban forest.
4. The duties of ETAC shall also consist of acting in an advisory capacity to the city
council, in the study, review, and recommendation related to master planning of
transportation and streetscape matters, and guiding principles on Water and
Wastewater matters.
5. The ETAC shall provide general input regarding the City's Circulation Element,
the Bicycle and Pedestrian Master Plans, and Citywide Complete Streets, and
advice on major surface transportation programs. ETAC may also provide input
on street environment, streetscape, and right of way aesthetics.
Secs. 2-556-2-599. - Reserved.
Ordinance No. NS-XXXX
Page 17 of 31 11 A-61
DIVISION 10. - LIBRARY
Sec. 2-600. - Established; use.
A public library is established in the city for its inhabitants and nonresident
taxpayers. The public library shall provide free basic library services, subject always to
such ordinances and resolutions as may be made by the city council. Any person who
violates any such ordinance or regulation may, in addition to any other penalty, be
excluded from the privileges of the library.
Sec. 2-601. - Reserved.
Sec. 2-602. - Interfering with or disrupting library activities.
Any person who comes into any public library or onto the library's immediate
adjacent grounds, including but not limited to the patio and parking areas, and whose
presence or acts interfere with the purpose and peaceful conduct of the activities of
such library or disrupts the library or its facilities or its staff or its patrons or its activities
is guilty of a misdemeanor if he or she remains there after being asked to leave the
library by the library director or his or her designated representative.
Secs. 2-603-2-607. - Reserved.
Secs. 2-608 - 2-609. - Reserved.
Secs. 2-610-2-615. - Reserved.
DIVISION 11. - REDEVELOPMENT AGENCY
Sec. 2-616. - Need for agency declared; agency authorized to function in city.
It is hereby found and declared, pursuant to Section 33101 of the Community
Redevelopment Law, that there is a need for the redevelopment agency created by
Section 33100 of said law to function in the City of Santa Ana, and said agency is
hereby authorized to transact business, and exercise its powers under the Community
Redevelopment Law.
Sec. 2-617. - Council designated redevelopment agency; rights, powers, duties, etc.
The Council of the City of Santa Ana hereby declares itself to be the redevelopment
agency, as provided in this division, and all rights, powers, duties, privileges and
immunities vested by the Community Redevelopment Law in such agency shall be and
are vested in this body.
Sec. 2-618. - City fee payment deferral.
(a) To the extent that the community redevelopment agency of the city has an
obligation to pay city fees or charges (including development fees and
Ordinance No. NS-XXXX
11 A-62 Page 18 of 31
administrative cost fees) for construction, demolition, or building site preparation
work, the payment of such fees by the redevelopment agency, or by contractors
performing such work, or by the subcontractors of such contractors, shall be
deferred until such time as the city council may demand the payment thereof. The
redevelopment agency shall be responsible for the eventual payment of all fees
deferred pursuant to this section, including those which would otherwise have been
paid by its contractors or their subcontractors. The redevelopment agency's
obligations under this section shall constitute an indebtedness of the redevelopment
agency to the city.
(b) For purposes of this section, the redevelopment agency shall be deemed to have
the obligation to pay city fees and charges for construction, demolition or site
preparation work in private property only to the extent that the redevelopment
agency has assumed such obligation in an agreement with a private developer for
the development of such property.
Sec. 2-619. — Successor Agency and Successor Housing Agency.
Per ABx1 26, all redevelopment agencies in California were effectively dissolved
as of and on February 1, 2012. Pursuant to Health and Safety Code section 34173, the
city elected to serve as the Successor Agency for the Community Redevelopment
Agency, and selected the Housing Authority to act as the Successor Housing Agency.
Sec. 2-620. - Reserved.
DIVISION 12. - COMMUNITY DEVELOPMENT COMMISSION
Sec. 2-621. - Commission created; composition.
There is hereby created the community development commission, originally named
the community redevelopment and housing commission, consisting of seven (7)
members, except as otherwise provided in section 2-626. The community development
commission shall serve both in the capacity of a community redevelopment commission
pursuant to Sections 33201 and 33202 of the Health and Safety Code of the State of
California and in the capacity of a housing commission pursuant to Sections 34291 and
34292 of said Health and Safety Code.
Sec. 2-622. - Appointment, removal of members; filling of vacancies.
The members of the community development commission shall be appointed and
may be removed and vacancies filled, as provided in section 2-326 of this Code.
Sec. 2-623. - Term of members.
The terms of the members of the community development commission shall be in
accordance with section 2-326 of this Code, except as otherwise provided in section 2-
626.
Ordinance No. NS-XXXX
Page 19 of 31 11 A-63
Sec. 2-624. - Commission members prohibited from acquiring interest in property
included within project areas.
No member of the community development commission shall acquire any interest in
any property included within any project area undertaken by the community
redevelopment agency.
Sec. 2-625. - Members to disclose financial interest in property included within project
area.
Each member of the community development commission who owns or has any
direct or indirect financial interest in any property included within a project area as
designated by the community redevelopment agency, shall immediately make a written
disclosure of it to the city council.
Sec. 2-626. - Tenant commissioners.
Two (2) tenant commissioners shall serve on the community development
commission at such times as that commission is acting in the capacity of a housing
commission, and at such times the number of members of that commission shall be
increased to nine (9). The tenant commissioners shall serve for terms of two (2) years,
from the date of their appointments, and their successors shall be tenants. Successors
of tenant commissioners shall be appointed for a term of two (2) years. If a tenant
commissioner ceases to be a tenant, he or she shall be disqualified as a commissioner
and another tenant shall be appointed to fill the unexpired term.
Sec. 2-627. - Prohibited interest of commissioner.
(a) No member of the community development commission shall acquire any direct or
indirect interest in any housing project or any property included or planned to be
included in any project, nor shall (s)he have any direct or indirect interest in any
contract or proposed contract for materials or services to be furnished or used in
connection with any housing project. If (s)he owns or controls a direct or indirect
interest in any such property, (s)he shall immediately make a written disclosure of it
to the housing authority and such disclosure shall be entered upon its minutes.
Failure so to disclose his/her interest constitutes misconduct in office.
(b) Nothing contained in this section or any provision of the Housing Authorities Law
shall be construed as precluding a tenant of the housing authority from serving on
the community development commission, provided that the fact of such tenancy is
disclosed to the housing authority in writing and entered upon its minutes
immediately upon assuming office; nor shall any provisions of this section be
construed as in any manner prohibiting the right of such tenant commissioner to
exercise his full powers vested in his/her office.
Secs. 2-628 - 2-629. - Reserved.
Ordinance No. NS-XXXX
11 A-64 Page 20 of 31
DIVISION 13. - INDUSTRIAL DEVELOPMENT AUTHORITY
Sec. 2-630. - Purposes.
The California Industrial Development Financing Act, as set forth in Title 10
(commencing with Section 91500) of the Government Code of the State of California,
has established an industrial development authority of this city for the achievement of
specified public purposes. The public purposes are the increasing of opportunities for
useful employment or otherwise contributing to economic development. The need for
the establishment of an industrial development authority in the achievement of such
purposes is based upon findings that industry requires the new and alternative method
of capital finance that such authorities can provide in order for it to undertake the
acquisition, construction or rehabilitation of facilities the use of which will serve those
public purposes.
Sec. 2-631. - Findings.
There is a need in the City of Santa Ana for the acquisition, construction or
rehabilitation of facilities for the use of industry which will increase employment
opportunities or otherwise contribute to economic development, and further, the new
and alternative method of capital finance that industrial development authorities can
provide will aid in satisfying that need.
Sec. 2-632. - Declarations.
(a) Need. There is a need in the City of Santa Ana for an industrial development
authority to provide industry with an alternative and additional method of finance in
accordance with state policy as set forth in the California Industrial Development
Financing Act.
(b) Organization. The industrial development authority of this city established by the
California Industrial Development Financing Act is hereby declared organized and
shall function under the name "Industrial Development Authority of the City of Santa
Ana," and be authorized to transact business and exercise of all of the powers and
other authority conferred upon industrial development authorities by such act.
Sec. 2-633. - Board of directors.
The city council of the City of Santa Ana is declared to be, ex officio, the board of
directors of the industrial development authority of the City of Santa Ana.
Sec. 2-634. - Meetings.
The time, place and manner of the regular meetings of the board of directors of the
industrial development authority of the City of Santa Ana shall be established by bylaws
adopted by such board.
Secs. 2-635-2-640. - Reserved.
Ordinance No. NS-XXXX
Page 21 of 31 11 A-65
DIVISION 14. - HOUSING AUTHORITY
Sec. 2-641. - Council designated housing authority.
The city council hereby declares itself to be the housing authority pursuant to
Section 34290 of the California Health and Safety Code, and all rights, powers, duties,
privileges and immunities vested by the Housing Authorities Law in such authority shall
be and are vested in said body.
DIVISION 15- EMERGENCY SERVICES
Sec. 2-642. - Purposes.
The purposes of this division are to establish the emergency organization of the city;
to provide for coordination of the emergency functions of the city with all other public
agencies, organizations, businesses and private persons; and to provide for the
preparation and implementation of emergency plans and procedures; all for the
protection of persons and property in the event of a large scale emergency or disaster.
Sec. 2-643. - Definitions.
For the purpose of this division, certain words and phrases shall be construed as
follows, unless it is apparent from the context that a different meaning is intended:
Emergency or local emergency — Means the duly proclaimed existence of
conditions of disaster or of extreme peril to the safety of persons and property within the
territorial limits of the city or county, caused by such conditions as air pollution, fire,
flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or
animal infestation or disease, the governor's warning of an earthquake or volcanic
prediction, or an earthquake, or other conditions, other than conditions resulting from a
labor controversy, which are or are likely to be beyond the control of the services,
personnel, equipment, and facilities of the political subdivision and require the combined
forces of other political subdivisions to combat, or with respect to regulated energy
utilities, a sudden and severe energy shortage requires extraordinary measures beyond
the authority vested in the California Public Utilities Commission.
State of emergency — Means the duly proclaimed existence of conditions of
disaster or of extreme peril to the safety of persons and property within the state,
caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought,
sudden and severe energy shortage, plant or animal infestation or disease, the
governor's warning of an earthquake or volcanic prediction, or an earthquake, or other
conditions, other than conditions resulting from a labor controversy or conditions
causing a "state of war emergency", which, by reason of their magnitude, are or are
likely to be beyond the control of the services, personnel, equipment, and facilities of
any single county, city and county, or city and require the combined forces of a mutual
aid region or regions to combat, or with respect to regulated energy utilities, a sudden
Ordinance No. NS-XXXX
11 A-66 Page 22 of 31
and severe energy shortage requires extraordinary measures beyond the authority
vested in the California Public Utilities Commission.
State of war emergency — Means the condition which exists immediately, with or
without a proclamation thereof by the governor, whenever this state or nation is
attacked by an enemy of the United States, or upon receipt by the state of a warning
from the federal government indicating that such an enemy attack is probable or
imminent.
Emergency services/emergency operations/emergency management — Used
interchangeably, means the preparation for and carrying out of all emergency functions
necessary to mitigate, prevent, prepare for, respond to, and recover from large
emergencies or disasters caused by all hazards, whether natural, technological or
human caused.
Director or director of emergency services — Means the individual having primary
jurisdiction and authority over the city's response and recovery to emergencies and
disasters and is authorized to act on behalf of the city.
Sec. 2-644. - Emergency organization
A. City organization. All officers and employees of the city, together with those
volunteer forces enrolled to aid them in an emergency, and all groups, organizations
and persons who may by agreement or operation of law, including persons pressed
into service under the provisions of this title, charged with duties incident to the
protection of persons and property in this city during such emergency, shall
constitute the emergency organization of the city.
B. Disaster service workers. Pursuant to California Government Code Sections 3100
to 3109, all public employees are declared to be disaster service workers under law,
and are subject to such disaster service activities as may be assigned by their
superiors or by law, which may include assisting any unit of the emergency
organization or performing any act contributing to the protection of life or property or
mitigating the effects of an emergency or disaster. Private persons who register as
emergency volunteers of the city are also deemed disaster service workers of the
city. The city police department and the city personnel department shall develop
policies and procedures for the registration, training and standards for employee
and volunteer disaster service workers.
C. Director of emergency services
Director, deputy director and line of succession. There is hereby created the
position of director of emergency services, who shall have full authority over the
operations and resources of the city during a proclaimed emergency, and this
position shall be filled by the city manager. There is also created the position of
deputy director of emergency services, which shall be filled by the chief of
police.
In the absence or the inability to act of the city manager, he/she shall
automatically be succeeded as director of emergency services by the following
officials in the order named:
Ordinance No. NS-XXXX
Page 23 of 31 11 A-67
Deputy director of emergency services/chief of police.
2. Assistant city manager
3. Deputy city manager.
4. Director of public works.
5. Director of finance and management services.
6. Director of planning and building.
Additionally, the city manager may designate a specific official to act as director
of emergency services based upon the circumstances of a specific emergency
event. An official designated as director may appoint a subordinate with
command or management authority to act as Director to accommodate
schedule conflicts, shift relief or other required absence.
2. Director of emergency services —Powers and duties. The director of
emergency services is empowered to:
1. In accordance with the provisions of Section 2-646A, request the city
council to proclaim the existence or threatened existence of a local
emergency, if the city council is in session; or to issue such proclamation if
the city council is not in session,
2. Request the governor to proclaim a state of emergency when, in the
opinion of the director, the locally available resources are inadequate to
cope with the emergency. (The County of Orange is also empowered to
make this request on behalf of the county as a whole, and commonly does
so),
3. Control and direct the efforts of the emergency organization of the city for
the accomplishment of the purposes of this division,
4. Direct cooperation between, and coordination of, the services and staff of
the emergency organization of the city, and to resolve questions of authority
and responsibility that may arise among them,
5. In the event of the proclamation of a local emergency as provided herein,
or the proclamation of a state of emergency by the governor or the director
of the governor's office of emergency services, or the existence of a state of
war emergency, the director is hereby empowered to:
a. Make and issue rules, regulations, orders or directives on matters
reasonably necessary to the protection of life and property as affected
by such emergency; or to suspend rules, regulations, orders or
directives; provided such rules and regulations or suspensions are
confirmed by the city council at the earliest practicable time,
b. Requisition necessary personnel or material of any city department or
agency,
c. Obtain vital supplies, equipment or other such properties found lacking
and needed for the protection of life and property and to obligate the
Ordinance No. NS-XXXX
11 A-68 Page 24 of 31
city for the fair value thereof and, if required immediately, to
commandeer the same for public use,
d. Require emergency service of any city officer or employee, and to
command the aid of the citizens of this community,
e. Execute all of the ordinary powers and duties as city manager, all
special powers and duties conferred upon the city manager by this
division and by the emergency operations plan adopted pursuant
hereto, all powers and duties conferred upon him/her by any statute,
agreement or other lawful authority, and in conformity with Section
38791 of the California Government Code, to exercise complete
authority over the city and to exercise all police powers vested in the
city by the constitution and general laws.
3. Deputy director of emergency services —Powers and duties. The deputy
director of emergency services/chief of police is empowered, under the
supervision of the director, to:
Represent the city in all dealings with public and private agencies on
matters pertaining to any emergency as defined by this division,
2. Develop the emergency plans and manage the emergency programs of
this city,
3. Appoint and oversee an emergency operations coordinator in accordance
with, and to further execute, the provisions of this division,
4. Carry out any other powers or duties as may be assigned by the director.
D. City council —Powers and duties. The city council is empowered to:
1. Enact such ordinances, resolutions or rules as may be necessary to prevent,
prepare for, mitigate, respond to or recover from actual or foreseeable
emergencies or disasters,
2. In accordance with the provisions of Section 2-646A, proclaim the existence or
threatened existence of a local emergency, if in session; or to ratify such
proclamation made by the director if not in session,
3. During a local emergency, pursuant to Section 415 of the Charter, city council
may enact emergency ordinances on matters reasonably necessary to the
protection of life and property as affected by such emergency. City council may
review rules, regulations, orders or directives or suspensions thereof issued by
the director pursuant to subsection C.2.
E. Emergency operations coordinator. There is created the position of emergency
operations coordinator, which shall reside in the city police department under the
supervision of the deputy director of emergency services/chief of police or his/her
designee. The emergency operations coordinator shall:
1. Coordinate all city activities related to emergency preparedness, prevention,
mitigation, response and recovery;
Ordinance No. NS-XXXX A
Page 25 of 31 11 A-69
2. Facilitate emergency and disaster planning for the city, encompassing
governmental entities and resources, commercial and industrial resources, and
private or non -governmental organizations necessary to support disaster
operations;
3. Prepare and maintain the emergency operations plan for the city, and facilitate
with city departments the preparation and maintenance of standard operating
procedures and guidelines necessary to support disaster operations;
4. Prepare and maintain city supplies and facilities that support disaster
operations;
5. Develop and coordinate emergency training and exercise programs as may be
required for city staff, and an emergency preparedness community education
program;
6. Coordinate emergency planning and interagency coordination with other local,
state and federal agencies and with private or other disaster relief
organizations; and serve as the city's representative member of regional
emergency planning and interagency coordination committees and planning
groups;
7. Recommend to the director of emergency services for referral to the city
council matters of policy related to disaster planning or preparedness;
8. Recommend to the director of emergency services for referral to the
emergency operations advisory board matters for consideration within the
purview of their responsibilities.
F. Emergency operations advisory board.
1. Emergency operations advisory board members. The city emergency
operations advisory board shall be composed of:
1. Director of emergency services/city manager, who shall be chair,
2. Deputy director of emergency services/chief of police, who shall be vice
chair,
3. Executive managers named in the director of emergency services line of
succession in subsection CA.:
a. Assistant city manager,
b. Deputy city manager,
c. Director of public works,
d. Director of finance and management,
e. Director of planning and building,
4. Orange County Fire Authority Division 6 Chief,
5. City attorney, who shall serve as legal advisor to the emergency operations
advisory board,
Ordinance No. NS-XXXX
11 A-70 Page 26 of 31
6. City clerk, who shall serve as secretary to the emergency operations
advisory board,
7. Any other department directors or staff requested by the director of
emergency services, and
8. Emergency operations coordinator, to serve as staff to the emergency
operations advisory board.
2. Emergency operations advisory board —Powers and duties. It shall be the
responsibility of the city emergency operations advisory board, and it is
empowered to, review and recommend for adoption by the city council
emergency plans, policies and agreements, and such ordinances, resolutions,
rules and regulations as may be necessary to implement such plans and
agreements; to oversee the planning and preparedness activities of all city
departments; to oversee the training of all city staff and employees; and to
oversee the training and activities of volunteer programs of the city related to
disaster roles and functions. The emergency operations advisory board as a
body serves in a pre -disaster planning and preparedness role and as such body
may not have a direct role in disaster response or recovery activities.
3. Emergency operations advisory board meetings. The emergency operations
advisory board shall meet quarterly; and additionally as necessary upon the call
of the chair, or in his/her absence from the city or inability, upon call of the vice -
chair.
G. Emergency operations committee. The emergency operations committee is
created as a standing and working sub -committee to the emergency operations
advisory board. The emergency operations committee is composed of the
emergency operations coordinator, who shall be chair, and managers or
management staff from each city department appointed by the department director
and who shall be able to speak on behalf of their department. The emergency
operations committee will provide operational direction for implementation of
programs and activities established by the emergency operations advisory board,
develop and maintain city emergency plans and procedures, coordinate training and
exercise programs for each city department and for the city as a whole, and shall
constitute a core of emergency operations center staff. The emergency operations
committee shall meet monthly and additionally at the direction of the emergency
operations advisory board or upon call of the emergency operations coordinator.
H. Adoption of collaborative systems and standards. The city recognizes that a large-
scale emergency or disaster may have the potential to overwhelm the commonly
available resources and capabilities of the city and may require the combined
response of numerous agencies, jurisdictions and levels of government. Therefore,
the city participates in the Orange County Operational Area response and recovery
organization as provided by California Emergency Services Act Section 8605 and is
a signatory to the Orange County Operational Area Agreement. The city adopts the
California Standardized Emergency Management System (SEMS) and the federal
National Incident Management System (NIMS) as a basis for emergency plans and
response. The framework of these systems includes use of the Incident Command
Ordinance No. NS-XXXX
Page 27 of 31 11 A-71
System (ICS), multi -agency and interagency coordination, participation in the
Master Mutual Aid Agreement and Systems of the State of California, and the
Operational Area concept. The city will comply with the provisions of the California
Emergency Services Act.
Sec. 2-645. - Emergency operations plan.
The emergency operations committee shall be responsible for the development and
maintenance of the city emergency operations plan (EOP) and related annexes or
manuals. The EOP shall provide for the effective mobilization of all the resources of the
city, both public and private, to meet any condition constituting a local emergency, and
shall provide for the organization, duties and functions, and procedures and capabilities
of the city's response to the emergency. Each city department will supplement the EOP
with those standard operating procedures necessary to fulfill their role in an emergency
under the EOP.
The EOP shall comply with the principles of the Orange County Operational Area
Agreement, the California Standardized Emergency Management System (SEMS) and
the federal National Incident Management System (NIMS).
The emergency operations advisory board shall be responsible to review and
recommend adoption of the EOP to city council, and to implement the requirements of
the plan once adopted. City council shall review and adopt the plan by resolution as a
policy of the city. Once adopted, the plan shall be mandatory upon city departments and
agencies, employees and registered volunteer emergency workers and shall have the
effect of law whenever an emergency has been proclaimed as provided in this division.
Sec. 2-646. - Emergency proclamations and measures
A. Proclamations of local emergency. A local emergency, as defined by section 2-643
and by California Emergency Services Act Section 8558(c), may be proclaimed
upon conditions of disaster or extreme peril, existing or imminently likely, so as to
threaten lives and property, and by reason of its magnitude is or is likely to be
beyond the control of the available services, personnel, equipment and facilities of
the city.
The director of emergency services may request the city council to proclaim the
existence of a local emergency, if the city council is in session, or may issue such
proclamation if the city council is not in session. Such proclamation must be made
within ten (10) days of the occurrence of the disaster or emergency. Whenever a local
emergency is proclaimed by the director, the city council must, within seven (7) days
from the date of the original proclamation by the director, approve a resolution ratifying
the proclamation, or allow the proclamation to expire. City council shall review the need
for continuing the local emergency at least once every thirty (30) days and shall
terminate the emergency or allow it to expire at the earliest possible date that conditions
warrant.
During a local emergency, the city council or the director of emergency services
may promulgate ordinances, orders or regulations necessary to provide for the
protection of life and property, including orders or regulations imposing a curfew within
Ordinance No. NS-XXXX
11 A-72 Page 28 of 31
designated boundaries where necessary to preserve the public order and safety. Such
orders and regulations and amendments and rescissions thereof shall be in writing and
shall be given widespread publicity and notice.
The city council shall proclaim the termination of the local emergency at the earliest
possible date that conditions warrant. Upon termination of the local emergency, any
such rules, regulations, orders and directives or suspensions thereof prepared under
the proclamation of local emergency shall terminate and have no further force or effect.
B. Initial emergency measures. All emergency measures taken by the director of
emergency services prior to the issuance of an official proclamation of emergency,
or prior to any decision by the city council not to issue such proclamation, shall be
deemed conclusively to be for the direct protection and benefit of the inhabitants
and property of the city and shall be legal and binding on the city. The director of
emergency services shall be immune from any form of liability for all emergency
measures taken pursuant to an official proclamation of emergency made by the
director prior to a decision by the city council, even if the city council later decides
not to ratify the director's proclamation of emergency.
C. Emergency expenditures. Any expenditure made in connection with emergency
activities under this division, including mutual aid activities, shall be deemed
conclusively to be for the direct protection and benefit of the inhabitants and
property of the city.
The director of emergency services, during a proclaimed emergency, shall have the
authority to approve contracts and waive normal purchasing requirements as necessary
to support the emergency response under this division and to protect the life and
property of the residents of the city. The director shall have the authority to enter
contracts or make purchases for any supplies, materials, equipment or services when
any such item is immediately necessary for the continued operation of city government,
for the preservation of life or property, or when such purchase is required for the health,
safety and welfare of the people, provided there is a present, immediate and existing
emergency.
The finance director shall maintain a detailed accounting of all expenditures made
under this provision and shall submit upon termination of the emergency, a detailed
report to the city manager, who in turn shall provide the report to the city council.
Sec. 2-647. - Continuity of government.
Disasters or large-scale emergencies may result in conditions causing the absence
or unavailability of officers or officials of the city. The preservation and continued
functioning of local government is of utmost concern in these circumstances. The city
will take these minimum precautions to provide for the continuance of essential
government services during times of emergencies:
A. City council. If, during a local emergency, state of emergency or state of war
emergency that has been proclaimed or exists under the provisions of the
emergency services act, it has been determined that a majority of the city
council seats have become temporarily or permanently vacant and a regular
quorum no longer exists, the powers and authority of the city council, except for
Ordinance No. NS-XXXX
Page 29 of 31 11 A-73
those duties prescribed to the city council in Article IV, section 403 of the City
Charter, shall vest with the director of emergency services until a quorum of the
regularly elected city council members is present, or until a sufficient number of
vacancies that are determined to be permanent are filled under the provisions
of Article IV, Section 403 of the City Charter.
B. Executive management lines of succession. For the purposes of this division,
department directors shall appoint a three -deep order of succession of
appropriate subordinate management staff to succeed to their position in the
event that official is unavailable or unable to serve. The person who succeeds
to each office under this provision shall assume all the powers and duties of the
office succeeded to immediately upon such succession. The succeeding person
shall serve until the appointing official resumes his or her office or until a
permanent successor is appointed under the applicable provisions of the City
Charter or this Code.
Sec. 2-648. - Enforcement.
It shall be a misdemeanor for any person, during a proclaimed emergency, to:
a. Willfully obstruct, hinder or delay any member of the emergency organization in
the enforcement of any lawful rule or regulation issued pursuant to this division,
or in the performance of any duty imposed upon him/her by this division;
b. Engage in any act forbidden by any lawful rule or regulation issued pursuant to
this division, if such act is of such a nature as to give, or be likely to give,
assistance to an enemy, or to imperil the lives or property of inhabitants of this
city, or to prevent, hinder or delay the defense or protection thereof;
c. Wear, carry or display, without authority, any means of identification specified
by the Office of Emergency Services of the State of California or by the city.
Secs. 2-649 — 2-699. — Reserved.
Section 3. The Santa Ana City Council hereby repeals Santa Ana Municipal
Code Sections 33-183 and 33-184 in their entirety:
Sec. 33-183.- Reserved.
Sec. 33-184.- Reserved.
Section 4. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it
would have adopted this ordinance and each section, subsection, sentence, clause, phrase
or portion thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Ordinance No. NS-XXXX
11 A-74 Page 30 of 31
Section 5. This ordinance shall become effective thirty (30) days after its adoption.
Section 6. The Clerk of the Council shall certify the adoption of this ordinance and
shall cause the same to be published as required by law.
ADOPTED this day of September, 2020.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
ByXCW� A R
Laura A. Rossini
Acting Chief Assistant City Attorney
AYES:
Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached
Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the
City of Santa Ana on September , 2020 and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date:
Ordinance No. NS-XXXX
Page 31 of 31
Daisy Gomez
Clerk of the Council
11 A-75