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HomeMy WebLinkAboutNS-2074 - Submitting Certain Proposed Charter Amendments... 657 REL :mb (13) 7/6/90 Rev. 7/19/90 ORDINANCE NO. NS- 2074 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUBMITTING CER- TAIN PROPOSED CHARTER AMENDMENTS TO THE ELECTORS IN THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1990. WHEREAS, pursuant to section 1201 of the charter of the City of Santa Ana, a general election will be held in the City of Santa Ana on November 6, 1990; and WHEREAS, the City Council of the City of Santa Ana desires that certain proposals to amend the charter of the City of Santa Ana be submitted to the elector of said City at said general election; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION I: A proposal to amend section 411 of the charter to read as set forth in Exhibit A, attached hereto and incorpo- rated herein by reference, is approved for submission to the electors in the abovesaid election. SECTION 2: A proposal to amend section 421 of the charter to read as set forth in Exhibit B, attached hereto and incorporated herein by reference, is approved for submission to the electors in the abovesaid election. SECTION 3: A proposal to add section 424 to the charter, to read as set forth in Exhibit C, attached hereto and incorpo- rated herein by reference, is hereby approved for submission to the electors in the abovesaid election. SECTION 4: A proposal to amend section 614 of the charter to read as set forth in Exhibit D, attached hereto and incorpo- rated herein by reference, is hereby approved for submission to the electors in the abovesaid election. :658 ORDINANCE NO. NS- 2074 PAGE TWO SECTION 5: A proposal to amend section 501 of the charter to read as set forth in Exhibit E, attached hereto and incorpo- rated herein by reference, and to amend section 700 of the charter to read as set forth in Exhibit F, attached hereto and incorporated herein by reference, is hereby approved for submission to the electors in the abovesaid election. SECTION 6: A proposal to amend section 702 of the charter to read as set forth in Exhibit G, attached hereto and incorpo- rated herein by reference, is hereby approved for submission to the electors in the abovesaid election. SECTION 7: A proposal to add section 705 to the charter, to read as set forth in Exhibit H, attached hereto and incorporated herein by reference, is hereby approved for submission to the electors in the abovesaid election. SECTION 8: A proposal to amend section 1107 of the charter to read as set forth in Exhibit I, attached hereto and incorpo- rated herein by reference, is hereby approved for submission to the electors in the abovesaid election. SECTION 9: A proposal to amend section 1501 of the charter to read as set forth in Exhibit J, attached hereto and incorpo- rated herein by reference, is hereby approved for submission to the electors in the abovesaid election. SECTION 10: A proposal to amend section 701 of the charter to read as set forth in Exhibit K, attached hereto and incorpo- rated herein by reference, is hereby approved for submission to the electors in the abovesaid election. SECTION 11: The abovesaid proposals shall be designated on the ballot by a letter, pursuant to Section 10219 of the Elections Code of the State of California. SECTION 12: The said municipal election shall be conducted in accordance with the Elections Code of the State of California, and the Clerk of the Council is hereby authorized and directed to take all actions necessary or appropriate with respect there- to, except to the extent such actions may be undertaken by the 659 ORDINANCE NO. NS-2974 PAGE THREE Registrar of Voters of the County of Orange upon consolidation of the said municipal election with the statewide general election. ADOPTED this 6th day of August , 1990. ATTEST: Ycou ci¥/ Mayor COUNCILMEMBERS: Young Aye Acosta Aye Griset Nay May Aye McGuigan Aye , Norton A e Pulido ~ APPROVED AS TO FORM: Edwara ~.~qp~per City Attorney 66l EXHIBIT A Sec. 411. Rules and procedures. The city council shall establish rules for the conduct of its proceedings and to preserve order at its meetings. It shall, through the clerk of the council, maintain a record of its proceedings which shall be open to public inspection. Any member of the city council may place items on the city council agenda to be considered by the city council. The city council may organize special committees of its members for the principal functions of the government of the city. It shall be the duty of each such committee to be informed of the business of the city government included within the assigned functions of the committee, and, as ordered by the city council, to report to the city council information or recommendations which shall enable the city council properly to legislate. Each member of the city council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the city council. The city council shall have the power and authority on any investigation or proceeding pending before it to impel the attendance of witnesses, to examine them under oath, and to compel the production of evidence before it. Subpoenas may be issued in the name of the city and may be attested by the clerk of the council. Disobedience of such subpoenas, or the refusal to testify (upon other than constitutional grounds) shall constitute a misdemeanor, and shall be punishable in the same manner as violations of this charter are punishable. 662 EXHIBIT B Sec. 421. Contracts, purchases, public works--Formalities. The city shall not be bound by any contract, except as hereinafter provided, unless the same shall be made in writing by order of the city council and signed by some officer in behalf of the city who has been authorized to do so by the city council. The approval of the form of all contracts shall be endorsed thereon by the city attorney, or his designated representative. The city council may authorize by the affirmative votes of a majority of its members, any officer of the city to bind the city on contracts in writing without advertising and without previous approval by the city council of each specific item for the payment of charges for materials, supplies, labor equipment or other valuable consideration furnished the city, in amounts not exceeding five hundred dollars ($500.00) in any one contract. Further, the city council may authorize, by the affirmative votes of a majority of its members, the city manager to bind the city on contracts in writing without advertising and without previous approval by the city council of each specific item for the payment of charges for materials, supplies, labor, equipment, other valuable consideration to be furnished the city, or for emergency public works construction (as hereinafter defined), in amounts not exceeding the management contract limit (as hereinafter defined) without a contract let to the lowest responsible bidder after notice, in any one contract. Nothing herein contained shall authorize any person to bind the city on any such contract if the same be a portion of a larger purchase or series of purchases which, in the aggregate, exceed the authority herein specified. Every contract involving an expenditure of more than the management contract limit (as hereinafter defined) for materials, supplies, labor, equipment, other valuable consideration, or for public works construction (as herein- after defined) shall be made by the city council with the lowest and best bidder after publication for at least two (2) days in a newspaper of general circulation in the city of notice calling for bids and fixing a period during which such bids will be received, which shall be for not less than ten (10) days after the first publication of said notice. 663 The city council may reject any and all such bids presented and may readvertise in its discretion. After rejecting such bids, or if no bids are received, the city council may determine and declare that, in its opinion based on estimates submitted b~ the city manager, the work may be performed better or more economically by the city with its own employees, or the materials, supplies, labor, equipment or other valuable consideration can be obtained at a lower cost, and after the adoption of a motion to this effect by the affirmative votes of at least two-thirds (2/3) of the members of the city council, the council may proceed to have said work done or purchase made or contract executed in the manner stated without further observance of the provision of this section. Such contracts likewise may be let without advertising for bids, if such work, materials, supplies, labor, equipment or other valuable con- sideration shall be deemed by the city council to be of urgent necessity for the preservation of life, health or property, and shall be authorized by motion passed by the affirmative votes of at least two-thirds (2/3) of the members of the city council and containing a declaration of the facts constituting such urgency. For purposes of this section, "public works construction" shall be deemed to mean a project for the erection or improvement of public buildings, streets, drains, sewers, parks, or playgrounds. Maintenance and repair of public buildings, streets, drains, sewers, parks, or playgrounds shall not be considered as public works construction. For purposes of this section, "management contract limit" means $15,000 in fiscal years 1990-91 and 1991-92. Thereafter, the "management contract limit" shall be adjusted on the first day of each fiscal year, upward or downward, equivalent to the most recent change in the annual average of the consumer price index (all-urban consumers) as published by the United States Department of Labor for LOS Angeles-Anaheim-Riverside metropolitan area. In the event that the publication of that particular index is discontinued, the adjustment shall be based on the index published by a federal or state agency which is most nearly equivalent thereto. Any contract involving expenditure of public funds, even though not required to be let by competitive bidding after publication of notice, shall nevertheless be entered into only after review of such alternative sources of supply or performance as may be available in competition with one another and selection therefrom on the basis of obtaining maximum quality goods, services, or performance .664 at minimum cost. The city manager shall recommend and the city council shall consider and adopt by ordinance rules and regulations governing the contracting and purchasing of all services, supplies, materials, and equipment required by any office, department, agency, officer, or employee of the city government. Nothing contained in this section shall prohibit any contract for public works construction with, or the purchase or acquisition of any materials, supplies, labor, equipment or other valuable consideration from or through, any public or governmental body or agency without compliance with the bidding provisions of this section. Nothing in this section shall prohibit the reimbursement of a developer of private property for part of the cost of public works construction undertaken by such developer as a condition of development of such private property imposed by the city. The city council may establish, by ordinance, resolution or contract, the terms and conditions under which such reimbursement is authorized. 665 EXHIBIT C Sec. 424. Charter Review The city council shall appoint a charter review committee to review this charter and make recommendations with respect thereto to the city council following receipt of the most recent federal decennial census data. 666 EXHIBIT D Sec. 614. Same--For money or damages. Except in those cases where a shorter or longer time is otherwise provided by law, all claims for money or damages against the city must be presented to the director of finance within ninety (90) days after the occurrence, event, or transaction from which the damages allegedly arose, and shall set forth in detail the name and address of the claimant, the time, date, place, and circumstances of the occurrence, and the extent of the injuries or damages received. All other claims or demands shall be presented to the director of finance within ninety (90) days after the last item of the account or claim accrued. In all cases such claims shall be approved or rejected in writing and the date thereof given. Failure to act upon any claim or demand within sixty (60) days from the day the same is filed with the director of finance shall be deemed a rejection thereof. No suit shall be brought on any claim for money or damages against the city, or any officer or board thereof, until a demand for the same has been presented as herein provided and rejected in whole or in part. EXHIBIT E '667 Sec. 501. Powers and duties. The city manager shall be the chief administrative officer and the head of the administrative branch of the city government. He shall be responsible to and under the direction of the city council for the proper administration of all affairs of the city. without limiting the foregoing general grant of powers, responsibilities, and duties, the city manager shall have power and be required to: (a) subject to the civil service provisions of this charter, and with the approval of the city council, appoint all department heads and officers of the city except those officers the power of appointment of whom is vested in the city council and as otherwise provided in this charter; (b) Subject to the civil service provisions of this charter and ordinances adopted thereto, pass upon and approve all proposed appointments and removals of subordinate employees, by all officers and heads of offices, agencies and departments; (c) Prepare the budget annually and submit it to the city council and be responsible for its admini- stration after adoption; (d) Prepare and submit to the city council as of the end of the fiscal year a complete report on the finances and administrative activities of the city for the preceding year; (e Keep the city council advised of the financial condition and future needs of the city and make such recommendations as to these matters as may seem to him desirable; (f Keep himself informed of the activities of the several agencies, offices, and departments of the city and see to the proper administration of their affairs and the efficient conduct of their business; (g Be vigilant and active in causing all provisions of the law to be executed and enforced; (h) Perform all such duties as may be prescribed by this charter or required of him by the city council, not inconsistent with this charter; ,668 (i) Submit a monthly report to the city council covering significant activities of the city agencies, offices, and departments under his supervision and any significant changes in administrative rules and procedures promulgated by him; (j) Submit special reports in writing to the city council in answer to any requests for information filed with him by a member of the city council. EXHIBIT F 669' Sec. 700. City administrative organization The city council may provide by ordinance not inconsistent with this charter, for the organization, conduct, and operation of the several offices, departments, and other agen- cies of the city as established by this charter, for the creation of additional departments, divisions, offices, and agencies and for their alteration or abolition, for their assignment and reassignment to departments, and for the number, titles, qualifications, powers, duties, and compensation of all officers and employees. The city council by ordinance may assign additional functions or duties to offices, de- partments, or other agencies established by this charter, but shall not discontinue or assign to any other office, department, or other agency any function or duty assigned by this charter to a particular office, depart- ment, or agency. No office provided in this charter, to be filled by appointment by the city manager, shall be combined with an office provided in this charter to be filled by ap- pointment by the city council. Notwithstanding the foregoing, the city council may transfer or consolidate functions of the city government to or with appropriate functions of the state or county government and, in case of any such transfer or consoli- dation, the provisions of this charter providing for the functions of the city government so transferred or consolidated, shall be deemed suspended during the continuance of such trans- fer or consolidation, to the extent that such suspension is made necessary or convenient and is set forth in the ordinance establishing such transfer or consolidation. Any such transfer or consolidation may be repealed by ordinance. subject to the civil service provisions and section 501 of this charter, all officers and department heads of the city except the city attorney and the clerk of the council, shall be appointed by the city manager and shall thereafter serve at the pleasure of the city manager. 670 EXHIBIT G Sec. 702. The required (a) (b) (c (d (e (f) (g) Clerk of the council; powers and duties. clerk of the council shall have the power and be to: Receive all documents addressed to the city council and present these documents to the city council; Attend all meetings of the city council and its committees and be responsible for the recording and maintaining of an accurate journal of council proceedings and the recording of the ayes and noes in the final action upon the questions of granting franchises, making of contracts, approving of bills, disposing or leasing city property, the passage or reconsideration of any ordinance, or upon any other act that involves the payment of money or the incurring of debt by the city, and in all other cases upon the call of any member of the city council; Maintain the journal of council proceedings in books which shall bear appropriate titles and which shall be available for public inspection; Maintain separate books in which shall be recorded respectively all ordinances and resolutions, and maintain all such books properly indexed and available for public inspection when not in actual use; Have charge of the repository surety bonds, agreements, and documents of city business; for contracts, other related Maintain custody of the city seal; Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business of the city, land issue certified copies of official city records; (h) Conduct all city elections. 671 EXHIBIT H Sec. 705. Performance review. On or before the annual anniversary date of appoint- ment of persons servinG in the positions of city manager, city attorney and clerk of the council, the city council shall review and evaluate the performance of such appointees. 672 EXHIBIT I Sec. 1107. Gifts to officers and employees prohibited. It shall be unlawful for any person or organization that is financially interested in any decision pending action by any agency, officer or employee of the city, or in any contract to which the city is a party to make any gifts aggregating in value more than the amount stated in California Government Code Section 87103(c) as the san~ now reads or as hereafter amended to any officer, or employee of the city. No person or organization shall be deemed to have a financial interest in a decision or contract by reason of any interest which is shared by a significant portion of the general public. No gift is unlawful which is similarly made or offered to a significant portion of the general public. Any person who makes, acts as the agent or intermediary in the making of, or arranges for the making of, any gift which is unlawful hereunder is guilty of a misdemeanor. Any officer or employee who receives any gift which he knows, or reasonably should know, is unlawful hereunder is guilty of a misdemeanor. EXHIBIT J 673: Sec. 1501. violations The violation of any provision of this charter shall be deemed a misdemeanor and be punishable upon conviction in the same manner as provided in the Penal Code of the State of California as the same now reads or as hereafter amended. 674 EXHIBIT K EJC:mb 8/8/90 22) Sec. 701. Officers appointed by the city council. In addition to the city manager the city council shall appoint the city attorney who shall serve at the pleasure of the city council and may be removed by motion of the city council adopted by the affirmative votes of at least two-thirds (2/3) of the members of the council. Subject to the civil service provisions of this charter, the city council shall appoint the clerk of the council who shall serve at the pleasure of the city council and may be removed by motion of the city council adopted by the affirmative votes of the same number of members of the city council as required to remove the city manager and the city attorney.