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HomeMy WebLinkAbout11B - SPECIAL ELECTION/BALLOT TITLES (JWF 6/13106) ORDINANCE NO. NS-2715 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 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-2714, 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 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 413 of the Charter to read as set forth in Exhibit C, attached hereto and incorporated herein by this reference; D. A proposal to amend Sections 421 and 422 of the Charter to read as set forth in Exhibit D, attached hereto and incorporated herein by this reference; E. A proposal to amend Section 901 of the Charter to read as set forth in Exhibit E, attached hereto and incorporated herein by this reference; F. A proposal to amend Section 901.1 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 910 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 911 of the Charter to read as set forth in Exhibit H, attached hereto and incorporated herein by this reference; Ordinance No. NS-2715 Page 1 of 16 11 B-1 I. A proposal to amend Section 912 of the Charter to read as setforth in Exhibit I, attached hereto and incorporated herein by this reference; J. A proposal to amend Section 1200 of the Charter to read as set forth in Exhibit J, 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: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Council members 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 Ordinance No. NS-2715 Page 2 of 16 11 B-2 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 11 B-3 Ordinance No. NS-2715 Page 3 of 16 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 mattor [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 f{)lImving suoh eleotion, at the first regularly soheduled meeting of the city oounoilat 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 councilmember 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 council member 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. NS-2715 Page 4 of 16 11 B-4 Exhibit B Sec. 401. Qualifications of members. To be eligible to be elected to the office of council member, a person must be a registeredqualified voter and a thirtv (30) dav resident of the ward from which J:1ethe candidate is nominated at the time nomination papers are issued to him as provided for in Seotion 22342 of the Elections Code of the State of California, except that the mayor need only be a registered voter and thirtv (30) dav 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 J:1ethe 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 J:1ethe 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, J:1ethe council member 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 for nomination for or eleetion to the offioe of oouneilmemberA 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 bv that person durinq such period) no sooner than for a term beqinninq eiqht (8) vears after completion of that councilmember's second consecutive full term. Short or partial terms shall not be considered~ in determininq eliqibilitv for appointment. nomination or election. For purposes of this charter. short or partial terms shall on Iv be those where the council member was elected or appointed to replace another councilmember who left office before the latter official's term expired. Anv councilmember who assumed office at the beqinninq of a term and left office earlv for anv reason whatsoever shall be deemed to have served a full term. 11 B-5 Ordinance No. NS-2715 Page 5 of 16 Exhibit C Sec. 413. Adoption (Ordinances). Every ordinance shall be introduced in writing in the forFR in whioh it is to l3e 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 arElinanoe, othor than an emergoAey ordinanoe, is altered attor its introduotion, exoel'Jt for the oorreGtian of typograf3hieal or clerical orrors, the samo shall not be finally adapted exoept at a regular or adjololrned regular mooting, held not loss than six (6) days attar the date upon '....hioh suoh orEliAanoe was so altered A proposed ordinance mav 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 providod l3y this oharter or by law. Eaoh, resolution or motion as mav be prescribed bv 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 emerqencv has been declared or at an emerqencv meetinq properlv convened. All ordinances and written resolutions shall be signed by the mayor and attested by the clerk of the council. Ordinance No. NS-2715 Page 6 of 16 11 B-6 Exhibit D Sec. 421. Non-Public Works Contracts, pUrGRaSeS, publiG ':Jorks Formalities. @lThe city shall not be bound by any contract, exoept as hereinafter providod, unless the same shall be made in writing by order of the city council. except as hereinafter provided, and signed by semean officer iRon 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. M The city council may bv ordinance authorize by the affirmative votes of a majority of its members, any offioor of the city to bind the city on contraots in writing without ad'/ertising and without f3rovious apprDval by the eity council of eaoh spooific item for the payment of charges for materials, supplies, lal3er, equipment or other valuable oonsideration furnished tho oity, in amounts not exeoeding fi'/e hundred dollars ($500.00) in anyone contract. Further, the oity 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 mav be established from time to time. At least quarterlv, the Citv Manaqer shall place on the Citv Council aqenda for information, a report of contracts let bv the Citv Manaqer pursuant to authoritv qranted herebv. That report shall include the identities of contractors and amounts of each contractin writing without advertisin!j and without previous approval by the city council of eaoh speoific item for the paymont of charges for matorials, supplies, labor, equipment, other valuable consideration to be furnishoEl the oity, or for emergenoy public works oonstruction (as hereinaftor defined), in amounts not exoeeding the sum of ten thousand dollars ($10,000.00) witheut a oontract let to the lowest resf30nsible bidder after notice, in anyone oontr::lGt. (c) The citv council shall establish bv 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 citv council mav 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 mav be available in competition with one another and selection therefrom on the basis of obtaininq maximum qualitv qoods, services, or performance at minimum cost. and mav provide for use of other public aqencv 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 spooified. Set bv the citv council hereunder. Sec. 422. Public Works Contracts. (a) For purposes of this section, "public works construction" shall be deemed to mean a proiect 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. MEvery contract involvin!j an expenditure of moro than ten thousand dollars ($10,000.00) for materials, supplies, labor, equipFRent, other valuable oonsideration, or 11 B-7 Ordinance No. NS-2715 Page 7 of 16 for public works construction (3S hereinaftor definod)in excess of that amount set from time to time bv ordinance of the citv 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 citv council shall adopt bv ordinance rules and procedures for competitive biddinq for all public works contracts, which rules and procedures shall establish limits for public works contracts approved bv the citv 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 prequailifvinq bidders and contractors; and utilization of alternate proiect delivery svstems 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, anv rule permittinq dispensinq of biddinq and/or performinq work with citv forces for anv reason includinq an emerqencv shall require the affirmative votes of at least two-thirds (2/3) of the members of the citv council. The city council may reject any anEl all suoh bids presented 3nd may readvortise in its disoretion. .'\fter rejeotin!j suoh bias, or if no bids are reoeived, the eity council may determine and deelare that, in its opinion basea on estimates submittea by tho oity manager, the work FRay be performed l3etter or FRore economioally by tho city witR its own emf3loyees, or the materials, supplies, labor, equipment or other valuablo considor3tion oan be obtained at a lower oost, and after tho adoption of a FFlotion to this effeot by the affirmative votes of at least two thirds ( 2/3) of the mOFRbers of the city oounoil, the council may prooeeEl to ha'lo said work dono or pureRase made or contraot exeouted in the mannor stated without further ol3servaAoe of tRe pro'lision of this soction. Suoh oontraots likewise may be let without advertising for bids, if suoh work, materials, sUf3f3lies, labor, equipment or other valuablo oonsidomtion shall bo Eleemed by the city eounoil to be of urgent noeessity for the preservation of lifo, health or prof3erty, aAd shalll3e authorized by motion l'Jassed by the affirmative votos of at least two thirds ( 2!3) of the meFRbers of the city council and oOAtainin!:j a deolaration of the faots constituting suoh urgoAoy. For purposes of this section, "publio works oonstrlolotion" shall bo deemod to mean a projeot for the ereotion or improvemoRt of pul3lio blolildings, streots, drains, sewers, parks, or playgrounds. Maintenanoe aRd repair of publio buildings, streots, drains, sewers, parks, or playgrounds sRall not be oonsidered as l'Jublio works oonstruotion. .'\ny oontraot involving expenditure of public funds, evon thougR not roE]uired to be let l3y oompetitivo biddiRg after publieation of notioo, shall nevertheless be entered Ordinance No. NS-2715 Page 8 of 16 11 B-8 into only after review of suoh alt t'" 8" '1 131 . erAal.e sour-Gos ef sUf3f3ly Ff .m.a. e In GOFRpetitian witl:1 ono another anEl . or po orFRanoe as may be obtaining FRaxiFRum quality !joods " selestlon therefrDm on the basis of manager shall r-eoommend and th~ S~~I~~~, o~ performan~e at FRiniFRum east. The city rulos ?nEl regulations governing tl:1e o~ntrao~~11 ~hall oonslEle.r and adept by ordinanoe materials, anEl equil'Jment required by any off' g ~El purohaGln!j of all servioes, supplios, employee of the eity governFRent. loe, epartFRent, agonoy, offioer, or N?thin!j oontained in this sootion shall f3rohibit an ' With, or the plolrohase or asquisition of any t. ~I oontraot for publie works oonstruction 'Ialual3le oonsideration fr-em or throu!jh ~a erl,a s, sUf3plles, labor, equif3ment or otl:1er Without oomf3lianoo with the biEld' ',~n! publio ~r !jovernFRental body or ageno" Ing fJFO .Islons of thiS section. ' SaG. 422. Same Competitive bidding. . Subjeot to the provisions of this ohaR ' the olty oounoill3y ordinanoe, am Ie 0 e~ ~nd rulos a~El regulations pressribed by before FRaking purohases of or o~ntr:~O~Unlt~ sh?1I be given for oOFRpetitivo bidding , e s er, supplies, FRaterials, or equipment. 11 B-9 Ordinance No. NS-2715 Page 9 of 16 Exhibit E 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 citv council shall select seven (7) members from nominations made bv the council member (or the mavor in the case of the citv-wide seat) whose term coincides with that board or commission seat. (as determined bv the citv council in accordance with subsection (e) below, toqether with nominations from anv other member of the council. All other appointments shall be as determined bv this charter, or bv the citv council from time to time. Beqinninq with terms startinq after the 2006 General Election, at least fiftv-percent (50%) of those persons nominated from time to time bva council member shall be residents of the ward represented bv such council member. At the request of a council member, this rule mav be waived bva 2/3 vote of the Citv Council for anv one appointment if the requestinq member is unable to find a qualified and acceptable ward resident to nominate. For purposes of this rule, residencv is onlv 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 citv council member terms as provided in section 400 of this charter. &If a member of a board or commission absents himself from-tMee two (J~) 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 vear, 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. fQLExcept 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 bv the citv council. Notwithstandinq the foreqoinq, one seat shall be a citv-wide seat havinq a (2) vear term which coincides with that of the Mavor, and which shall be limited to four (4) consecutive terms of two (2) vears each, Short or partial terms (as defined for city 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 Ordinance No. NS-2715 Page 10 of 16 11 B-1 0 second general election commencing with the April, 1983 general election, aRElthe 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 bv the citv council, shall coincide with the term of the mavor. 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 Citv Council immediatelv precedinq that board or commission term. M The 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 immediatelv followinq the 2006 qeneral election, for board and commissions with at least seven (7) members, the citv council shall desiqnate seven (7) board and commission seats bv ward, and one citv-wide. These desiqnations shall be solei v for the purpose of nominations and calculations of terms as provided in this Section 901. Except for purposes of the fiftv- percent (50%) nomination rule in subsection (a) above, residencv in that ward is not required, 11 B-11 Ordinance No. NS-2715 Page 11 of 16 Exhibit F 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. Anv provisions of this Article IX notwithstandinq, no person who serves as the treasurer of a campaiqn committee which receives contributions for anv candidate for mavor or councilmember shall be eliqible for appointment to anv appointive board or commission. Ordinance No. NS-2715 Page 12 of 16 11 B-12 Exhibit G Sec. 91Q. Same 910 Plannina Commission-Powers and duties. Duties The planning commission shall have power and be required to: (a) Prepare aAd maintain a master plaA for the physioal development of tho city and ef any land outside the boundaries thereof whioh, in the oommission's judgFRent bears rolation to tho planning for the physioal devolopment of tt-le oity, inoluding a gener-al plan for streets and t-lighways, and submit suoh plan annually to the city council for consideratioA and af3f3roval; @} periodicallv review the citv's General Plan; fQ} Make studies and plans for future civic land use, including use as public recreation facilities; (0) Propare a ten (10) year oapital improvemont program, revised annually, whioh shall sot forth all of the oapital iFRprovements oontemplated by the several offiees, departmonts, and ott-ler agenoios of the city 3000rding to a logioal order of priority with the amount of funds required for eaoh capital improvemont and the planned method of finanoin~ and submit suoh a program annually to tho city managor and the oity oounoil; ff1 Annuallv review the citv's capital improvement proqram solelv for consistencv with the qeneral plan: @ Exercise such functions as to land subdivisions, zoning, and other city planning as may be prescribed by ordinance. @l 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. 11 B-13 Ordinance No. NS-2715 Page 13 of 16 Exhibit H 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 citv 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. NS-2715 Page 14 of 16 11 B-14 Exhibit I 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. 11 B-15 Ordinance No. NS-2715 Page 15 of 16 Exhibit J 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. NS-2715 Page 16 of 16 11 B-16 CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: REQUEST FOR COUNCIL ACTION JULY 3, 2006 TITLE APPROVED o As Recommended o As Amended o Ordinance on 1" Reading o Ordinance on 2"' Reading o Implementing Resolution o Set Public Hearing For BALLOT TITLES FOR NOVEMBER 7, 2006 SPECIAL MUNICPAL ELECTION RELATING TO AMENDMENTS TO THE CITY CHARTER ()ad17 L CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Adopt resolution setting forth the ballot questions to be submitted at the 2006 General Municipal Election. DISCUSSION On June 19, 2006 the City Council introduced Ordinance No. NS-2715 placing certain proposed charter amendments on the ballot at the 2006 General Municipal Election. At that time, the City Council approved general groupings of the amendments for purposes of the ballot 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 XX combine Sections 421 and 422 (contract provisions) into one measure . Charter Amendment XX Section 401 (eight year eligibility waiting period for councilmembers) . 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) The proposed resolution sets forth five ballot titles grouped as directed by the City Council. FISCAL IMPACT There is no fiscal ~ ct associated with this action Healy, 11 B-17 JWF 06/27/2006 RESOLUTION NO. 2006-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SETTING FORTH THE LANGUAGE OF BALLOT TITLES FOR CITY CHARTER AMENDMENTS TO BE INCLUDED ON THE BALLOT FOR THE 2006 GENERAL ELECTION, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. By ordinance No, NS-2715, the City Council of the City of Santa Ana has submitted to the voters amendments to eleven sections of the Santa Ana City Charter. Section 2. The California Elections Code directs that the City Council approve the form of the ballot question to be submitted to the voters. Section 3, The amendments called for in Ordinance No, NS-2715 shall be proposed as follows, with identification as determined in accordance with the California Elections Code: Shall the administrative provisions of the Santa Ana Charter be amended to: begin council terms on the 2nd Tuesday of December; call Yes elections by ordinance or resolution; permit modifications in an ordinance between 1st and 2nd readings; give the council authority to act by motion, ordinance or resolution; and, permit orders for the emergency payment of funds to be made at all council meetings? Charter Sections 400, 413 and 1200. No Shall contracting provisions of the Santa Ana Charter be amended to: require the council to set the limit on the city manager's contract Yes authority by ordinance; require the council to adopt by ordinance rules and regulations for the purchase of goods and services for the city; and authorize alternative procurement methods including the use of design- build procedures for public works contracts? No Charter Sections 421 and 422. Resolution No. 2006-041 Page 1 of 3 11 B-18 Shall the term limit provisions of the Santa Ana Charter be amended to: require an 8 year waiting period for termed-out councilmembers to run Yes for council again; and, clarify that the term limit exception for short or partial terms apply only where a councilmember is appointed or elected to fill a vacated seat? No Charter Section 401. Shall the board/commission appointment provisions of the Santa Ana Charter be amended to: formalize the practice of council members nominating candidates to seats tied to council wards; permit the mayor to nominate a city-wide seat with 2-year term; require at least 50% of the persons nominated by a councilmember be residents of his/her ward; and, prohibit termed-out councilmembers from being immediately appointed to boards and commissions? Yes No Charter Section 901. Shall the organizational provisions of the Santa Ana Charter related to boards and commissions be amended to: prohibit campaign treasurers from being appointed to boards and commissions; conform the duties of the planning commission to provisions of state law; permit non-Santa Ana public employees to serve on the personnel board; and, clarify that the personnel board's jurisdiction is limited to disciplinary matters? Yes No Charter Sections 901.1, 910, 911 and 912, Section 4. 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 July 2006. Resolution No. 2006-041 Page 2 of 3 11 B-19 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, 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 July 3, 2006. Date: Clerk of the Council City of Santa Ana 11 B-20 Resolution No. 2006-041 Page 3 of 3