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Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 18, 2025
TOPIC: Ordinance Prohibiting Agreements, Contracts, or Grants to Immediate Family
Members of City Officials - Second Reading
AGENDA TITLE
Second Reading of Ordinance of the City Council of the City of Santa Ana Amending
Chapter 2 of the Santa Ana Municipal Code by Adding Section 2-112 Prohibiting the
Award of Agreements, Contracts, or Grants to Immediate Family Members of the
Mayor, City Council Members, or City Officials (Second Reading)
First Reading at the February 4, 2025 City Council meeting and approved by an
unanimous vote of 7-0. Legal notice was published in the OC Reporter on February 10,
2025.
RECOMMENDED ACTION
Conduct a second reading and adopt an ordinance amending Chapter 2 of the Santa
Ana Municipal Code by adding Section 2-112, which prohibits awarding agreements,
contracts, or grants to immediate family members of the Mayor, City Council Members,
or City Officials.
ORDINANCE NO. NS-3077 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL
CODE BY ADDING A NEW SECTION 2-112 CONCERNING THE PROHIBITION
AGAINST AWARDING OF AGREEMENTS, CONTRACTS OR GRANTS TO ANY
IMMEDIATE FAMILY MEMBER OF THE MAYOR, CITY COUNCIL MEMBERS, OR
CITY OFFICIALS
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
At the February 4, 2025 meeting, the City Council conducted the first reading of the
ordinance amending Chapter 2 of the Santa Ana Municipal Code adding Section 2-112,
prohibiting the award of agreements, contracts, or grants to immediate family members
of the Mayor, City Council Members, or City Officials including appointed board and
Ordinance Prohibiting Agreements, Contracts, or Grants to Immediate Family Members
of City Officials - Second Reading
February 18, 2025
Page 2
4
8
4
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commission members, as defined under Article IV – Officers, Departments, Boards, and
Commissions (Sec. 2-300 to 2-699).
No changes to the ordinance were made by the City Council. A copy of the ordinance
for second reading is attached to this report as Exhibit 1.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Ordinance No. NS-XXX: An Ordinance of the City Council of the City of Santa Ana
Amending Chapter 2 of the Santa Ana Municipal Code by Adding Section 2-112
Prohibiting the Award of Agreements, Contracts, or Grants to Immediate Family
Members of the Mayor, City Council Members, or City Officials.
Submitted By: Sylvia Vazquez, Deputy City Manager
Approved By: Alvaro Nuñez, City Manager
SRC 2/18/25
Ordinance No. NS-xxx
Page 1 of 2
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA
MUNICIPAL CODE BY ADDING A NEW SECTION 2-112
CONCERNING THE PROHIBITION AGAINST AWARDING
OF AGREEMENTS, CONTRACTS OR GRANTS TO ANY
IMMEDIATE FAMILY MEMBER OF THE MAYOR, CITY
COUNCIL MEMBERS, OR CITY OFFICIALS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN
AS FOLLOWS:
Section 1. Chapter 2 of the Santa Ana Municipal Code is hereby amended
by adding a new section, Section 2-112 to read as follows:
“Sec. 2-112. – Prohibition Against Awarding Agreements, Contracts or Grants
to Immediate Family Members of Mayor, Council Members, or City Officials
a. “The City, and any person authorized to act on behalf of the City, is prohibited from
awarding any agreement, contract, grant, or any amendment(s) to said awards,
for the purpose or receipt of any financial benefit or interest, to an immediate family
member of the Mayor, Council Member, or City officials, including appoin ted
board and commission members, as defined under Article IV – Officers,
Departments, Boards, and Commissions (Sec. 2-300 to 2-699).
b. For purposes of this section 2-112, the term immediate family member shall
include, but is not limited to, spouse, domestic partner, romantic cohabitant, child,
stepchild, grandchild, step grandchild, parent, stepparent, mother-in- law,
father-in-law, son-in-law, daughter-in-law, grandparent, great grandparent,
brother, sister, half-brother, half-sister, stepsibling, brother-in-law, and sister-in-
law.
c. For purposes of this section 2-112, the term financial benefit or interest shall include
any direct or indirect financial interest in the specific contract, agreement, or
grant, including any commissions, fees, share of the proceeds, prospect of a
promotion or future employment, a profit, or any other form of financial award.
d. The City shall incorporate into all agreements, contracts, or grants, a non -
collusion provision reflecting the prohibitions detailed in Section 2-112 herein,
including the requirement that any awarded Vendor, Contractor, Entity, or
Grantee shall also comply with Section 2-112, and such compliance shall also
involve the awarding of any subcontract for the purchase of goods or services
with any funds from stemming from the contract, agreement, or grant.
Section 2. 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
SRC 2/18/25
Ordinance No. NS-xxx
Page 2 of 2
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.
ADOPTED this day of , 2025.
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By: ____________________________
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Ordinance No.
NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa
Ana on , 2025.
Date:
City Clerk
City of Santa Ana