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HomeMy WebLinkAbout50B - 2006 SPECIAL MUNICIPAL ELECTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: REQUEST FOR COUNCIL ACTION JUNE 19, 2006 TITLE: APPROVED NOVEMBER 7, 2006 SPECIAL MUNICPAL ELECTION FOR THE SUBMISSION TO THE VOTERS QUESTIONS RELATING TO CHANGES IN THE CITY CHARTER p~~ CITY MANAGER o As Recommended o As Amended o Ordinance on 1 st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Adopt ordinance ordering, calling, and giving notice of a Special Municipal Election to be consolidated with the City's General Municipal Election and held in the City of Santa Ana on November 7, 2006 for the submission of questions to the voters relating to changes in the City's Charter. 2. Adopt ordinances implementing proposed charter amendments, as follows: a. An ordinance of the City Council of the City of Santa Ana amending section 2-101 of the Santa Ana Municipal Code relating to Council organization; b. An ordinance of the City Council of the City of Santa Ana adding section 2-110 to the Santa Ana Municipal Code, relating to council member salaries; and c. An ordinance of the City Council of the City of Santa Ana amending Chapter 2, Article 8 Of the Santa Ana Municipal Code, relating to City Manager's authority to enter contracts. 3. Adopt resolution requesting the Board of Supervisors of Orange County to consolidate the Special Municipal Election of the City of Santa Ana with the City and State's General Election. 4. Adopt resolution authorizing Councilmembers to file written arguments for or against the various proposed charter amendments. 5. Direct the Clerk of the Council to prepare guidelines for preparation of arguments for/against the proposed charter amendments, fix August 1, 2006 as the date for the submission of arguments, and post the notice for the argument process in accordance with the provisions of the California State Elections Code. 508-1 November 7, 2006 Special Municipal Election June 19, 2006 Page 2 of 4 6. Direct the City Attorney to prepare an impartial analysis for each of the charter amendments submitted to the voters. 7. Approve ballot question groupings and direct City a ballot question resolution to be considered second reading of ordinance calling election. Attorney to prepare in conj unction with DISCUSSION On May 2, 2005, the City Council created an Ad Hoc Committee on Charter Review comprised of Mayor Pro Tem Bist, and Councilmembers Alvarez and Garcia. The Ad Hoc Committee reviewed the current City Charter and made several recommendations for changes to various sections in the charter. On September 19, 2005, at the recommendation of the Ad Hoc Committee, the City Council created the Charter Amendment Citizens' Task Force and directed members to review and comment on the Ad Hoc Committee's recommended amendments. The Task Force made several suggestions related to the proposed changes and submitted the revised proposals to the Ad Hoc Commi ttee for final consideration. The Ad Hoc Committee met on January 31, 2006 and approved proposed charter amendments. The Ad Hoc Committee further recommended that the proposals be submitted to the voters at a special election to be consolidated with the General Municipal Election to be held on November 7, 2006. Council work studies were held on April 3, April 17, May 1, and 2006 to discuss the various proposed charter amendments. On June the Council directed staff to prepare an ordinance calling a election for the purpose of submitting charter amendments to the Staff recommends to format the changes for purposes of the questions as follows: · Charter Amendment XX - combine Section 400 (start date for term of office), Section 413 (ordinance introduction) and Section 1200 (calling of elections) into one ballot measure · Charter Amendment X - Section 402 (Council and Mayor salaries) · Charter Amendment XX combine Sections 421 and 422 (contract provisions) into one measure · Charter Amendment XX - Section 401 period for councilmembers · Charter Amendment XX - Section 404 (mayoral term limits) · Charter Amendment XX - Section 901 (board/commission appointment process) · Charter Amendment XX - combine Section 901.1 (prohibition against serving as treasurer, Section 910 (Planning Commission responsibilities), Section 911 (prohibition against City employment for Personnel Board members) and Section 912 (jurisdiction of Personnel Board) June 5, 5, 2006 special voters. ballot (eight year eligibility waiting 508-2 November 7, 2006 Special Municipal Election June 19, 2006 Page 3 of 4 The City Attorney will then prepare a resolution with the ballot question language to be considered at the July 3, 2006 meeting along with second reading of the election ordinance. In order to conduct an election for placing the above measures on the ballot, State law requires the City Council to take an action calling for a special municipal election. The subject ordinance establishes November 7, 2006 as the date for this election. The ordinance calling for the special municipal election provides for the submission of the various charter amendments and includes the text of the proposed amendments to be adopted by the voters. In addition to the proposed charter amendments, both the Ad Hoc Committee on Charter Review and the Charter Amendment Citizens' Task Force recommended that the Council adopt ordinances amending relevant sections in the Municipal Code prior to placement of the charter amendments on the ballot. This was recommended to make the voters aware of the Council's intent, specifically with respect to establishing a monthly salary for the Mayor and Councilmembers, and in setting monetary limits relating to the City Manager's Authority to enter contracts. These implementing ordinances all contain a provision stating that they shall become effective only upon the approval of the respective charter amendments by a majority of the voters of the City at the special election. The implementing ordinance amending SAMC section 2-101 will refer to the Charter to set the time at which the newly elected council will convene. The implementing ordinance adding SAMC section 2-110, will set council member salaries at a level that conforms to general law cities. The implementing ordinance amending Chapter 2, Article 8 of the SAMC, will increase the City Manager's authority to bind the City on anyone contract from $10,000 to $25,000. Pursuant to the provisions of the California Elections Code, the City Council is required to formally request consolidation of the City's general election and/or special election with the State's general election. The subject resolution fulfills this requirement by requesting that the Board of Supervisors of Orange County consolidate the special municipal election of November 7, 2006 and authorizes the Board of Supervisors to canvass the election returns. California State Elections code Section 9281 provides that arguments for and against any city measure may be submitted to the qualified voters of the city. The Elections Code specifies that the legislative body, or any member or members of the Legislative body authorized by that body, may submit a written argument for or against the measure. This section further authorizes any individual voter or bona fide association of citizens to write arguments, however, the Elections Code specifies that 508-3 November 7, 2006 Special Municipal Election June 19, 2006 Page 4 of 4 members of the Council would be given preference and priority, if authorized by the City Council. The subject resolution would give that authorization to any member of the Council desiring to submit an argument. The resolution further authorizes any member of the Charter Amendment Citizens' Task Force to submit arguments for or against any of the measures, and gives Task Force members preference and priority second only to that of members of the Council. The procedures for filing ballot arguments are detailed in the Elections Code. The Clerk of the Council is recommending that August 1, 2006 be fixed as the date after which no arguments for or against any city measure may be submitted for printing and distribution to the voters. The Election Code procedures, as well as general guidelines for preparing arguments will be provided in a notice prepared by the Clerk of the Council and posted following final adoption of the election ordinance. Whenever any city measure qualifies to be on a ballot, the City Council may direct the City Attorney to prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure (Elections Code s: 9280). The analysis is printed in the Voter Information Pamphlet preceding the arguments for and against the measure. FISCAL IMPACT The County Registrar of Voters office has estimated that the cost of consolidating a special election for charter amendments with the State's general election would be $5,000 per measure ($35,000 for the proposed seven measures), based on current voter registration in the City. Funds for these administrative costs will be available in the 2006-07 Fiscal Year budget in the Clerk of the Council Other Agency Services Account (Account no. 11-021-6251) APPROVED AS TO FUNDS AND ACCOUNTS: Patricia E. Healy Clerk of the Council u?~~ . l~rancisco Gutierre~ ~D Executive Director Finance & Management Services Agency ~ 508-4 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING FOR AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 7, 2006 FOR THE SUBMISSION TO THE VOTERS OF QUESTIONS RELATING TO THE AMENDMENT OF THE CITY CHARTER. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: By Ordinance No. NS- ,the City Council has declared that a General Municipal Election shall be held on November 7, 2006 for the election of municipal officers. SECTION 2: Under provisions of the Charter of the City of Santa Ana and the California Elections Code, a special election shall be held in conjunction with the General Municipal Election to be held on November 7,2006 and the following proposed amendments to the City Charter shall be submitted to the voters: A. A proposal to amend Section 400 of the Charter to read as set forth in Exhibit A, attached hereto and incorporated herein by this reference; B. A. A proposal to amend Section 401 of the Charter to read as set forth in Exhibit B, attached hereto and incorporated herein by this reference; C. A proposal to amend Section 402 of the Charter to read as set forth in Exhibit C, attached hereto and incorporated herein by this reference; D. A proposal to amend Section 404 of the Charter to read as set forth in Exhibit 0, attached hereto and incorporated herein by this reference; E. A proposal to amend Section 413 of the Charter to read as set forth in Exhibit E, attached hereto and incorporated herein by this reference; F. A proposal to amend Sections 421 and 422 of the Charter to read as set forth in Exhibit F, attached hereto and incorporated herein by this reference; G. A proposal to amend Section 901 of the Charter to read as set forth in Exhibit G, attached hereto and incorporated herein by this reference; H. A proposal to amend Section 901.1 of the Charter to read as set forth in Exhibit H, attached hereto and incorporated herein by this reference; Ordinance No. Page 1 of 18 508-5 I. A proposal to amend Section 910 of the Charter to read as set forth in Exhibit I, attached hereto and incorporated herein by this reference; J. A proposal to amend Section 911 of the Charter to read as set forth in Exhibit J, attached hereto and incorporated herein by this reference; K. A proposal to amend Section 912 of the Charter to read as set forth in Exhibit K, attached hereto and incorporated herein by this reference; L. A proposal to amend Section 1200 of the Charter to read as set forth in Exhibit L, attached hereto and incorporated herein by this reference; ADOPTED this day of ,2006 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: AYES: Council members NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Ordinance No. Page 2 of 18 508-6 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS=-- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. Page 3 of 18 508-7 Exhibit A Sec. 400. Number, selection and terms of members. The city council shall consist of seven (7) members elected at the times and in the m3tter [manner} provided in this charter, each of whom, except for the mayor, shall serve a term of four (4) years. The term of each member shall begin follmving such election, 3t the first rogul3rly scheduled meeting of the city councilat 6:00 pm on the second Tuesdav of December following certification of election results, and each shall serve except as otherwise provided for in this charter, until his or her successor is elected and qualified. Each office of council member shall be a separate office and, except for the mayor, one (1) of such offices shall be assigned to each of the wards of the city. Candidates for each office of councilmember other than the mayor shall be nominated from such ward by the electors of such ward and candidates for mayor shall be nominated by electors of the city, but all council members shall be elected by the vote of the electors of the city at large. Ordinance No. Page 4 of 18 508-8 Exhibit B Sec. 401. Qualifications of members. To be eligible to be elected to the office of councilmember, a person must be a rogisteredqualified voter and a thirty (30) day resident of the ward from which Rathe candidate is nominated at the time nomination papers are issued to him as provided for in Section 22812 of the Elections Code of the State of California, except that the mayor need only be a registered voter and thirty (30) day resident of the city at such time. In the event any councilmember other than the mayor shall cease to be a resident of the ward from which Rathe councilmember (or, in the case of an appointee, ffisthe councilmember's predecessor) was elected, or in the event the mayor shall cease to be a resident of the city, ffisthe office shall immediately become vacant and shall be filled in the same manner as herein provided for other vacancies; provided, that where a council member ceases to be a resident of the ward from which Rathe councilmember (or, in case of an appointee, ffis--the councilmember's predecessor) was elected solely because of a change in boundaries of any ward as in this charter provided, Rathe councilmember shall not lose ffisthe office by reason of such change. If a member of the city council shall be convicted of a crime involving moral turpitude, ffisthe office shall immediately become vacant and be so declared by the city council. No person shall be eligible f{)r nomination for or eloction to the office of councilmemberA person who has served two (2) consecutive terms of four (4) years each shall be eliqible for appointment, nomination for or election to the office of councilmember (reqardless of wards represented by that person durinq such period) no sooner than for a term beqinninq eiqht (8) years after completion of that councilmember's second consecutive full term. Short or partial terms shall not be considered-o- in determininq eliqibility for appointment, nomination or election. For purposes of this charter. short or partial terms shall only be those where the councilmember was elected or appointed to replace another councilmember who left office before the latter official's term expired. Any council member who assumed office at the beqinninq of a term and left office early for anv reason whatsoever shall be deemed to have served a full term. Ordinance No. Page 5 of 18 508-9 Exhibit C Sec. 402. Compensation of members. EaGREffective after the 2008 qeneral election. each member of the city council,! includinq the Mayor. shall receive as compensation for his or hertheir services as such a monthly salary in the sum of one hundred and twenty five dollars ($125.00). The member elected to fill the office of mayora monthly salary established by ordinance in an amount up to that as may be established by. and calculated in accordance with. the provisions of state law for qeneral law cities of the size of Santa Ana. This reference to qeneral law shall not be deemed to constitute adoption of such law in Santa Ana. but shall only be used for reference purposes in calculatinq city council salary. The Mayor shall receive the additional amount of seventy-five dollars ($75.00) for each per month said member shall fill the office of mayor. Further, each member of the city council shall receive reimbursement for required travel and other expenses while on official business of the city as authorized and approved by the city council. Absence of a member of the city council from all regular and special meetings of the city council during any calendar month shall render him or her ineligible to receive the monthly salary for such a calendar month unless by permission of the city council expressed in its official minutes. Ordinance No. Page 6 of 18 508-10 Exhibit 0 Sec. 404. Presiding officer, mayor The mayor shall be a member of the city council and shall preside over the meetings of the city council. The mayor shall have voice and vote in all of the city council's proceedings and shall be recognized as head of the city government for all ceremonial purposes. The mayor shall have no administrative duties but shall perform such other duties as may be prescribed by this charter, or imposed by the city council, consistent with ffisthe office. The mayor shall be elected by the voters of the city at large at each general municipal election in November of even-numbered years for a two-year term commencing on the same date as the terms of other council members elected in such year. No person may be a candidate for mayor and a candidate for any other office on the city council in the same election. In the event an incumbent city council member other than the mayor is elected mayor such other office shall become vacant at the time he or she assumes office as mayor and the city council shall call a special election to fill the vacancy. A person who has already served five (5) consecutive terms of two (2) years each as mayor shall be eliqible for nomination for or election or appointment to the office of mayor or council member no sooner than for a term beqinninq after at least two mayoral terms have passed followinq completion of that person's fifth consecutive term. Short or partial terms shall not be considered in determininq eliqibility for appointment. nomination or election as mayor. For purposes of this charter. short or partial terms shall only be those where the mayor was elected or appointed to replace another mayor who left office before the latter official's term expired. Any mayor who assumed office at the beqinninq of a term and left office early for any reason whatsoever shall be deemed have served a full term. The provisions of this section related to short or partial terms is deemed to be declaratory of existinq law. Ordinance No. Page 7 of 18 508-11 Exhibit E Sec. 413. Adoption (Ordinances). Every ordinance shall be introduced in writing in the f{)rm in which it is to be finally passed. A copy of each ordinance and written resolution shall be available in the council's chambers for public inspection during any council meeting at which the same is to be passed or adopted. No ordinance shall be passed finally on the day it is introduced, except for emergency ordinances as hereinafter defined in Section 415, nor within six (6) days thereafter, nor at any time other than at a regular or adjourned regular meeting. In the event that any ordinance, other than an emergency ordinance, is altered after its introduction, except for the correction of typographical or clerical errors, the same shall not be finally adopted except at a regular or adjourned regular meeting, held not less than six (6) days after the date upon \A:hich such ordinance was so altered A proposed ordinance may be amended or modified between the time of its introduction and the time of its final passaqe. providinq its qeneral scope and oriqinal purpose are retained. The rights and powers conferred on the city council shall be exercised by ordinance when so provided by this charter or by law. Each. resolution or motion as may be prescribed by the Constitution or Laws of the State of California. and the provisions of this Charter: provided. that each act of the city council establishing a fine or other penalty or granting a franchise shall be by ordinance. No order for the payment of money shall be adopted or made at any other than a regular or adjourned regular meeting. except when a state of emerqency has been declared or at an emerqency meetinq properly convened. All ordinances and written resolutions shall be signed by the mayor and attested by the clerk of the council. Ordinance No. Page 8 of 18 508-12 Exhibit F Sec. 421. Non-Public Works Contracts, purchases, public works Formalitios. @LThe city shall not be bound by any contract, oxcopt as hereinafter provided, unless the same shall be made in writing by order of the city council. except as hereinafter provided. and signed by SGmean officer mon 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 or her designated representative. fQ.L The city council may by ordinance authorize by the affirmative votes of a majority of its members, any officer of the city to bind the city on contracts in writing \vithout advertising and without previous approval by the city council of oach 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 anyone 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 for such amounts as may be established from time to time. At least quarterly. the City Manaqer shall place on the City Council aqenda for information. a report of contracts let by the City Manaqer pursuant to authority qranted hereby. That report shall include the identities of contractors and amounts of each contractin 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 bo furnished the city, or for emergency public works construction (as hereinafter defined), in amounts not exceeding the sum of ten thousand dollars ($10,000.00) without a contract let to the lowest responsible bidder after notice, in anyone contract. (c) The city council shall establish by ordinance rules and procedures for competitive biddinq for purchase of. or contracts for materials. supplies. equipment. or services. includinq exceptions from formal biddinq as the city council may deem appropriate. includinq providinq for emerqencies. Nevertheless. such rules and procedures shall provide. where feasible. for review of such alternative sources of such materials. supplies. equipment. or services. includinq professional services. as may be available in competition with one another and selection therefrom on the basis of obtaininq maximum quality qoods. services. or performance at minimum cost. and may provide for use of other public aqency biddinq and contractinq processes where found to be otherwise consistent with this charter. 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. Set by the city council hereunder. Sec. 422. Public Works Contracts. (a) For purposes of this section. "public works construction" shall be deemed to mean a project for the erection or improvement of public buildinqs, streets, drains. sewers. or parks. Maintenance and repair of public buildinqs. streets. drains. sewers. or parks shall not be considered as public works construction. fQ.LEvery contract involving an expenditure of more than ten thousand dollars ($10,000.00) for materials, supplies, labor, equipment, other valuable consideration, or for public works construction (as hereinafter defined)in excess of that amount set from Ordinance No. Page 9 of 18 508-13 time to time by ordinance of the city council pursuant to (c) below, 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, except where alternate contractinq procedures are utilized pursuant to (c), below. (c) The city council shall adopt by ordinance rules and procedures for competitive biddinq for all public works contracts, which rules and procedures shall establish limits for public works contracts approved by the city manaqer. Such rules and procedures shall establish criteria for thresholds for formal and informal biddinq, and notice requirements therefor; standards for reiection of bids and dispensinq with biddinq; criteria and procedures for prequailifyinq bidders and contractors; and utilization of alternate project delivery systems such as desiqn-build contracts. For purposes of this Article, "desiqn-build" means a ranqe of methods of procurinq desiqn and construction from a sinqle source, where the selection of the sinqle source occurs before the development of complete plans and specifications. Notwithstandinq the foreqoinq, any rule permittinq dispensinq of biddinq and/or performinq work with city forces for any reason includinq an emerqency shall require the affirmative votes of at least two-thirds (2/3) of the members of the city council. 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 by the city manager, the ':.'ork 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 Im\'or cost, and after the adoption of a motion to this effect by the affirmative votes of at least tV.tO thirds ( 2/3) of tho members of the city council, the council may proceed to have said work done or purchase made or contract executed in the manner stated '.vithout further observance of tho provision of this section. Such contracts likewise may be let without advertising for bids, if such work, materials, supplies, labor, equipment or other valuable consideration shall be deemed by the city council to be of urgent necessity for the preservation of Iif-e, 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. Any contract involving expenditure of public funds, even though not required to be let by competitive bidding aftor publication of notice, shall nevertheloss be entered into only after revimv of such alternative sources of supply or performance as may be Ordinance No. Page 10 of 18 508-14 available in competif . 13 . Ion \Allth o t31ning maximum . .: one another and selecti manager shall reoo:~~~~ goods, sorvioes, or performa~~ therefrom on tho basis of rules and regulations gO'l:rn~~~ t~e oily oounoil shall oonsi~e~ta~:'mdum oosl. The oily malonals, and equi me . e oonlmating and puroha . a opt by ordinanoo omployoa of Iha oily :a\'o'::,~..q~"ad by any offioa, dap:~~a~ all servioas, supplios, en . n, agency, officer Nth' ' or o Ing contained in thO . \AlitR tR IS section sRall R'S' 00 ,or e purchase or ac ... pro I It any contract f . ~Iuable ooAsidomtion fro~U1G1tl~~ of any malorials, sUPPlie:r i~bhO works oOAslru6liaA ..Ilhoul oompliaAoa with Iha b~d' rough: aAY publio or go"~r: ar, aqulpmonl or othar Ing provIsions of this sectio' mental body or agency 5ec. 422 5 A. . ame Competitive bidding. . Subject to the raro"i . . the city council by ordin;n~~ns of thiS charter and rules and r . balor.. making purohasas of ' ample apportunity shall ba gi" e~ulalions pr<lsoribad by , or contracts for, suppli ~en ar competitive bidd' es, materials or e . Ing , qUlpment. Ordinance No. Page 11 of 18 508-15 Exhibit G Sec. 901. Appointments, removals, vacancies, terms. @LExcept as otherwise specified in this 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 or commissions havinq at least seven (7) members, the city council shall select seven (7) members from nominations made by the council member (or the 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. toqether with nominations from any other member of the council. All other appointments shall be as determined by this charter, or by the city council from time to time. Beqinninq with terms startinq after the 2006 General Election, 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 council member, this rule may be waived by a 2/3 vote of the City Council for anyone aooointment if the reQuestina member is unable to find a Qualified and acceotable ward resident to nominate. For OUf1)oses of this rule. residency is only required at the time of nomination. fQ) Vacancies from whatever cause arising shall be filled in the same manner. Upon a vacancy occurring leaving an unexpired portion of a term, any appointment to fill such vacancy shall be for the unexpired portion of such term. All terms shall beqin on the same date as city councilmember terms as provided in section 400 of this charter. i9...lf a member of a board or commission absents himself from three two (d~) 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 reqular meetinQs 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, ffisthe office shall become vacant and shall be so declared by the city council. {gLExcept 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 and qualified, but in no event shall any person be eligible for reappointment who has served two (2) consecutive terms of four (4) years each,! irrespective of what seat or seats the member is appointed to by the city council. Notwithstandinq the foreQoinq. one seat shall be a city-wide seat havinq a (2) year term which coincides with that of the Mayor, and which shall be limited to four (4) consecutive terms of two (2) years each. Short or partial terms (as defined for citv council in Section 401 of this 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, afldthe Ordinance No. Page 12 of 18 508-16 terms of tho remaining 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 desiqnated 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 eliqible for appointment to a board or commission who completed a term on the City Council immediately precedinq that board or commission term. @LThe city council shall determine which members of such boards and commissions serving as such at the time of the April, 1983 general election shall serve shortened or extended terms. Beqinninq with terms startinq immediately followinq the 2006 qeneral election, for board and commissions with at least seven (7) members, the city council shall desiqnate seven (7) board and commission seats by ward, and one city-wide. These desiqnations shall be solely for the purpose of nominations and calculations of terms as provided in this Section 901. Except for purposes of the fifty- percent (50%) nomination rule in subsection (a) above. residency in that ward is not required. Ordinance No. Page 13 of 18 508-17 Exhibit H Sec. 901.1. 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. Any provisions of this Article IX notwithstandinq, no person who serves as the treasurer of a campaiqn committee which receives contributions for any candidate for mayor or council member shall be eliqible for appointment to any appointive board or commission. Ordinance No. Page 14 of 18 508-18 Exhibit I Sec. 910. Same 910 Plannina Commission-Powers and duties. Duties The planning commission shall have power and be required to: (a) Prepare and maintain a master plan for the physical development of the city and of any land outside the boundaries thereof 'lJhich, in the commission's judgment bears relation to the planning for the physical development of the city, including a gonoral plan for streets and highv/ays, and submit such plan annually to the city council for consideration and approval; @.} periodically review the city's General Plan: fQ.) Make studies and plans for future civic land use, including use as public recreation facilities; (c) Prepare a ten (10) year capital improvement program, revised annually, which shall set f{)rth all of the capital improvements contemplated by the several offices, departments, and other agencies of the city according to a logical order of priority with the amount of funds required for each capital improvement and the planned method of financing and submit such a program annually to the city manager and the city council; if} Annually review the city's capital improvement proqram solely for consistency with the qeneral plan: fQ) Exercise such functions as to land subdivisions, zoning, and other city planning as may be prescribed by ordinance. .ill.} 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 councilor the city manager, or to both such authorities, as it may see fit. Ordinance No. Page 15 of 18 508-19 Exhibit J Sec. 911. 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 the city qovernment 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 a period of one (1) year after he 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. Page 16 of 18 508-20 Exhibit K Sec. 912. 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 councilor 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. Ordinance No. Page 17 of 18 508-21 Exhibit L Sec. 1200. Elections--Conducting. The conduct of all municipal elections by the clerk of the council shall be under the control of the city council which shall, by ordinance or resolution, provide for the holding of all municipal elections. Ordinance No. Page 18 of 18 508-22 Iss061406 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2-101 OF THE SANTA ANA MUNICIPAL CODE RELATING TO COUNCIL ORGANIZATION 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. Section 400 of the Santa Ana Charter sets the time for a council member's term to commence following the certification of election results. B. The City Council has proposed that the voters amend Section 400 of the Santa Ana Charter to change the date of the first meeting of the newly elected council to 6:00 pm on the second Tuesday in December, following certification of election results. C. Santa Ana Municipal Code section 2-101 conflicts with the proposed amendment of Charter section 400 regarding the time for convening the newly elected council. Section 2. Santa Ana Municipal Code, Chapter 2, Article II, Section 2-101 relating to city council organization, is hereby amended as follows: A. Section 2-101 shall be amended to read as follows: Sec. 2-101, Organization. The newly elected council shall convene as set forth in the Santa Ana Charter 00 the first regularly scheduled meeting after eloction returns are certified for any general municipal election at which any member of said council shall have beon elected, or as soon thereafter as the new members have taken thoir oaths of office. The newly elected council shall proceed to organize, and the newly elected mayor shall immediately become the presiding officer. The council shall thereafter elect a mayor pro tem. In the absence of the mayor and the mayor pro tem the clerk of the council shall call the council to order and call the roll of the members. If a quorum is found to be 508-23 present, the council shall, by majority vote of those present, elect a chairman of the meeting to act during the meeting or until one of the regularly designated presiding officers shall appear. Section 3. This ordinance shall become effective only upon the approval of the amendment of Santa Ana Charter Section 400 by a majority of the voters of the City of the Santa Ana at the November 7, 2006 general election. ADOPTED this day of ,2006. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 508-24 Iss061406 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING SECTION 2-110 OF THE SANTA ANA MUNICIPAL CODE RELATING TO COUNCIL MEMBER SALARIES 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. Section 402 of the Santa Ana Charter provides that each member of the City Council shall receive as compensation for their services a monthly salary established by ordinance in an amount up to that established by, and calculated in accordance with, the provisions of state law for general law cities of the size of Santa Ana. B. The City Council has proposed that the voters amend Section 402 of the Santa Ana Charter to authorize the City Council, by ordinance, to set City Council salaries up to that amount permitted by Government Code Section 36516(a) for general law cities. C. With a population of 351,697, Government Code Section 36516(a) would permit a salary for the Santa Ana City Council of up to $1,000.00 per month. D. In establishing council member salary, the City Council has utilized Government Code Section 36516(a) for reference purpose only, the City Council is not relying on, nor adopting the legislature's determination of salary for general law cities. Section 2. Santa Ana Municipal Code, Chapter 2, Article II, Section 2-110, relating to council member salary, is hereby added to read as follows: Sec. 2-110. Council Member Salary. Each member of the City Council shall receive as compensation for their services a monthly salary of one thousand dollars ($1,000.00). 508-25 Section 3. This ordinance shall become effective only upon the approval of the amendment of Santa Ana Charter Section 402 by a majority of the voters of the City of the Santa Ana at the November 7, 2006 general election. ADOPTED this day of ,2006. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 508-26 Iss061306 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2, ARTICLE 8 OF THE SANTA ANA MUNICIPAL CODE RELATING TO CITY MANAGER'S AUTHORITY TO ENTER CONTRACTS 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. The Section 421 of the Santa Ana Charter provides that the city council may authorize the city manager to bind the city on contracts in an amount not exceeding $10,000.00. B. The City Council has proposed that the voters amend Section 421 of the Santa Ana Charter to authorize the City Council to set, by ordinance, the dollar amount of the City Manager's authority to bind the city on contracts. Section 2. Section 2-801 of the Santa Ana Municipal Code, relating to city manager's authority, is hereby amended to read as follows: Sec. 2-801. City manager's authority. The city manager is authorized to bind the city to anyone written contract for an amount not exceeding the sum of ten thousand dollars ($10,000.00) twenty-five thousand dollars ($25,000.00). Section 3. This ordinance shall become effective only upon the approval of the amendment of Santa Ana Charter Section 421 by a majority of the voters of the City of the Santa Ana at the November 7,2006 general election. ADOPTED this day of ,2006. Miguel A. Pulido Mayor 508-27 APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 508-28 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REQUESTING THE BOARD OF SUPERVISORS OF ORANGE COUNTY TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION OF THE CITY OF SANTA ANA WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 7, 2006 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. A special election of the City of Santa Ana (""City") will be held on November 7, 2006, for the purpose of considering adoption of certain amendments to the City's Charter. B.. There will be a City and statewide general election on this same November 7, 2006. C. It is desirable that this special election for the City of Santa Ana be consolidated with the City and statewide general election to be held on the same date and that within the City of Santa Ana, the precincts, polling places and election officers be the same for both elections, and that the Board of Supervisors of the County of Orange canvass the returns for both elections, in all respects as if there was only a single election. Section 2. That pursuant to the requirements at Section 10403 of the Elections Code of the State of California, the Board of Supervisors of the County of Orange is hereby requested to consent to and order the consolidation with the general election of November 7, 2006, of a special election of the City of Santa Ana to be held upon the same date for the purpose of considering adoption of certain amendments to the City's Charter. Section 3. The Board of Supervisors of the County of Orange is hereby authorized to canvass the returns of said special municipal election pursuant to Section 10411 of the Elections Code of the State of California. Section 4. The City of Santa Ana recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County of Orange for any such costs. Resolution No. 2006 Page 1 of 2 508-29 Section 5. The Clerk of the Council is hereby directed to file a certified copy of this resolution with the Board of Supervisors of the County of Orange and a certified copy of this resolution with the Registrar of Voters of the County of Orange. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _ day of June, 2006. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABST AI N: Councilmembers: NOT PRESENT: Council members: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2006- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2006 Page 2 of 2 508-30 RESOLUTION NO, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING WRITTEN ARGUMENTS FOR CHANGES TO THE SANTA ANA CHARTER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. A general election of the City of Santa Ana will be held on November 7, 2006, at which there will be submitted to the qualified electors of the City several City measures related to charter amendments regarding Mayor and City Council organization, term of office and salaries; adoption of ordinances; increasing the City Manager's authority to bind the City on contracts; appointive boards and commissions; civil service and elections: B. That pursuant to the requirements at Section 9282 of the Elections Code of the State of California, the legislative body may authorize any member(s) of the City Council to write arguments for or against any measure. Section 2. The City Council, as the legislative body of the City of Santa Ana, hereby authorizes the Clerk of the Council to give preference and priority to any member or members of the City Council (up to five members), then to any member or members of the Charter Amendment Citizens' Task Force, then to voters as set forth in California Elections Code section 9287, to file a written argument for or against the City measures set forth above, and to change said argument until and including the date fixed by the Clerk of the Council after which no arguments for or against said City measure may be submitted. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _day of June 2006. Miguel A. Pulido Mayor Resolution No. 2006- Page 1 of 2 508-31 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2006- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2006- Page 2 of 2 508-32