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Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 4, 2025
TOPIC: Ordinance Prohibiting Agreements, Contracts, or Grants to Immediate Family
Members of City Officials - Second Reading
AGENDA TITLE
Second Reading of the 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
First Reading at the February 18, 2025, City Council meeting and approved by a vote of
7-0. Published in the OC Reporter on February 28, 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
commission members, as defined under Article IV – Officers, Departments, Boards, and
Ordinance Prohibiting Agreements, Contracts, or Grants to Immediate Family Members
of City Officials - Second Reading
March 4, 2025
Page 2
4
8
7
9
Commissions (Sec. 2-300 to 2-699).
During the second reading of the ordinance at the February 18, 2025 meeting, the City
Council decided to amend Section 2-112 (A) to add “any former full-time employee for
one year from the date of the employee’s separation from the City, except for any
CalPERS retiree for which the City Council adopts the required resolution.”
The ordinance was reintroduced by the City Council as the first reading. 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-3077: 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
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: (1) an immediate family
member of the Mayor, Council Member, or City officials, including appointed board
and commission members, as defined under Article IV – Officers, Departments,
Boards, and Commissions (Sec. 2-300 to 2-699) or (2) any former full-time
employee for one year from the date of the employee’s separation from the City,
except for any CalPERS retiree for which the City Council adopts the required
resolution.
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
Ordinance No. NS-XXX
Page 2 of 2
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 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: ____________________________
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
ABSENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify th e attached Ordinance
No. NS-XXXXXX to be the original ordinance adopted by the City Council of the City of
Santa Ana on , 2025.
Date: _________________ _______________________
Jennifer L. Hall
City Clerk
City of Santa Ana