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HomeMy WebLinkAboutItem 21 - Omnibus Amendments to Chapter 2 of the Santa Ana Municipal CodeCity Attorney's Office www.santa-ana.org/city-attorneys-office Item # 21 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 1, 2025 TOPIC: Omnibus Amendments to Chapter 2 of the Santa Ana Municipal Code AGENDA TITLE Omnibus Amendments to Chapter 2 of the Santa Ana Municipal Code Including Meeting Frequency for the Personnel Board, Contracting Authority for the City Clerk and City Attorney, and Relying on State Law Regarding Campaign Contributions Effect on Proceedings Involving a License, Permit or other Entitlement for Use RECOMMENDED ACTION Approve the First Reading of an Ordinance of the City Council of the City of Santa Ana amending Chapter 2 of the Santa Ana Municipal Code as to Section 2-328 Regarding Meetings; Chairperson and Recording Secretary of Appointive Boards and Commissions, Adding Section 2-331.5 Regarding Meetings of the Personnel Board, Amending the Title of Article VI I of Chapter 2, Amending Section 2-748 Regarding City Manager Contracting Authority, Adding Section 2-748 Regarding City Attorney and City Clerk Contracting Authority, and Repealing Section 2-107 Regarding Prohibited Campaign Contributions. ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE AS TO SECTION 2-328 REGARDING MEETINGS; CHAIRPERSON AND RECORDING SECRETARY OF APPOINTIVE BOARDS AND COMMISSIONS, ADDING SECTION 2-331.5 ENTITLED MEETINGS, AMENDING THE TITLE OF ARTICLE VII OF CHPATER 2, AMENDING SECTION 2-748 REGARDING CITY MANAGER CONTRACTING AUTHORITY, ADDING SECTION 2-749 REGARDING CITY ATTORNEY AND CITY CLERK CONTRACTING AUTHORITY, AND REPEALING SECTION 2-107 REGARDING PROHIBITED CAMPAIGN CONTRIBUTIONS GOVERNMENT CODE 484308 APPLIES: No DISCUSSION Section 2-328-Meetings; chairperson; recording secretary Section 2-328 is part of Division 2 "Appointive Boards and Commissions" in Article IV "Officers, Departments, Boards and Commissions" in Chapter 2 of the Santa Ana Municipal Code ("SAMC"). Division 2 contains sections that are applicable to all City Omnibus Ordinance Amendment April 1, 2025 Page 2 Boards and Commissions. Section 2-328 addresses meetings, election of a chairperson and recording secretaries for all Boards and Commissions but also contains a provision specific to the Personnel Board which states that the Board will meet monthly provided that there is business on the agenda to come before it. This provision is being deleted and a new code section regarding meetings for the Personnel Board will be added to Division 3 which contains municipal code provisions specific to that Board. Section 2-331.5- [Newl Meetings The City of Santa Ana Personnel Board was established by the City of Santa Ana Charter and Municipal Code. One of the Board's principal duties is to provide a final administrative review of disciplinary matters involving permanent employees of the City of Santa Ana who have been demoted, suspended, or dismissed/terminated from employment. The Board's appellate review is a full evidentiary hearing wherein the Board applies its independent judgment to the law, facts, and arguments presented in each case. The duration of individual hearings varies. These proceedings include pre -hearing procedures, the evidentiary hearing, and Board deliberation and decision proceedings. Hearings are conducted in the evenings and require the coordination of many schedules due to the large number of individuals involved, including the employee/appellant and their representative(s), the City representative(s), City staff, the seven (7) Board members, Board counsel, witnesses, and a court reporter. Hearings take at a minimum twenty to twenty-five (20-25) calendar days to conclude; see attached Sample Timeline of an Appeal to the Personnel Board (Exhibit 1). However, the average case is heard over ten (10) — fourteen (14) evenings which will take eight (8) to twelve (12) months due to scheduling coordination. The ordinance addition would change the Personnel Board meetings from a minimum of one meeting a month (assuming there is business before the Board) to a minimum of two meetings a month, on the second and fourth Thursdays of each month, provided the Board has business. This will facilitate advance scheduling and a more efficient execution of the Personnel Board appeals by establishing a minimum of two (2) evenings per month available for hearing appeals. The Personnel Board has met on this issue and identified that they prefer the second and fourth Thursdays of the month as Regular Meeting dates. Establishing the Regular Meeting dates does not preclude the Personnel Board from meeting more often while hearing an appeal. Sections 2-748 and 2-749 [Newl City Manager, City Clerk, and City Attorney Contracting Authority On November 5, 2024, the voters approved a Charter amendment to provide contracting authority to the City Clerk and City Attorney based upon the purchasing policies and dollar limitations established for the City Manager or at such other amounts adopted by the City Council. A municipal code amendment is proposed to implement such contracting Omnibus Ordinance Amendment April 1, 2025 Page 3 authority and to make clarifying revisions to provisions of the code that address the City Manager's contracting authority. Section 2-107 Prohibited Campaign Contributions Effective January 1, 2023, SIB 1439 removed the exception for local government agencies relating to the Levine Act provisions of the Political Reform Act of 1974. It was thereafter amended by SB 1243 effective January 1, 2025 increasing the threshold of campaign contributions from $250 to $500 and making additional amendments related to contract exclusions, an extended cure period, agent contributions and the definition of a "participant." The Levine Act prohibits an officer of an agency from accepting, soliciting, or directing a contribution of more than $500 from any party, participant, or a party or participant's agent, while a proceeding involving a license, permit, or other entitlement for use is pending before the agency and for 12 months following the date a final decision is made in the proceeding. SAMC Section 2-107 provides in pertinent part that "[n]o councilmember or any campaign committee controlled by the councilmember shall solicit or accept any campaign contribution or loan of two hundred fifty dollars ($250.00) or more from any person for a period of three (3) months following the date a final decision is rendered in any proceeding before the council involving a license, permit, or other entitlement, if the councilmember knows or has reason to know that the person had a financial interest in the proceeding." The Levine Act covers the same conduct as set forth in SAMC Section 2-107 over a longer period of time but with a $500 threshold rather than the $250 threshold of the SAMC. Section 2-107 only covers three months following the date of a final decision while the Levine Act covers twelve months after the date of the final decision. It is proposed to repeal Section 2-107 and to default to the Levine Act under state law. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Sections 2-328 and 2-331.5- Frequency of Personnel Board Meetings The estimated cost of the additional meeting per month is $16,200 from the General Fund for the remainder of FY 24/25. The estimated cost of the additional meeting per month totals $64,800 from the General Fund for FY 25/26. These funds are already budgeted for in the Human Resources General Fund account in the current fiscal year. The proposed FY25/26 budget will include sufficient recurring allocations for two meetings per month. Omnibus Ordinance Amendment April 1, 2025 Page 4 Total 24/25 $16,200 01109050 62300 Contracted Services — Professional 25/26 $54,300 01109050 62302 Contracted Services — Personnel 25/26 $8,400 01109050 63001 Miscellaneous Operating Expenses 25/26 $2,100 Total 25/26 $64,800 Sections 2-748 and 2-749 rNewl Citv Manaaer. Citv Clerk. and Citv Attornev Contractina Authority There is no fiscal impact associated with this action. All contracts entered into pursuant to the City Clerk's and City Attorney's contracting authority would be taken from already budgeted accounts. Section 2-107 Prohibited Campaian Contributions There is no fiscal impact associated with this action. There are no expenditure of funds associated with this Section or repealing this Section. EXHIBIT(S) 1. Timeline 2. Ordinance Submitted By: Sonia Carvalho, City Attorney Approved By: Alvaro Nunez, City Manager Personnel Board Hearing Timeline The following timeline was created for training purposes to provide a visual representation of the process of a Personnel Board Hearing based on the Personnel Board Rules. Timing can vary significantly on a case by case basis. Employee received Scheduling Notice of Meeting Adverse (Board and Action both parties) Hearing Hearing Hearing Opening Evidence Closing Statements presented statements Appeal filed Pre -hearing (If within 10 meeting to days it is Evidence determine if timely and and the case is added to witness ready to be case log, if list heard (Chair, timeliness is turned in Vice Chair, in question 20 days Legal the prior to Advisor, both Secretary pre- parties) will confer hearing (Evidence with Chair to meeting turned in 20 determine days prior) timeliness.) Board announces decision Board Board Board deliberations Legal reviews Advisor and prepares adopts written written statement statement of decision prepared (typically by Legal 4-6 Advisor weeks) 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 AS TO SECTION 2-328 REGARDING MEETINGS; CHAIRPERSON AND RECORDING SECRETARY OF APPOINTIVE BOARDS AND COMMISSIONS, ADDING SECTION 2-331.5 ENTITLED MEETINGS, AMENDING THE TITLE OF ARTICLE VII OF CHAPTER 2, AMENDING SECTION 2-748 REGARDING CITY MANAGER CONTRACTING AUTHORITY, ADDING SECTION 2-749 REGARDING CITY ATTORNEY AND CITY CLERK CONTRACTING AUTHORITY, AND REPEALING SECTION 2-107 REGARDING PROHIBITED CAMPAIGN CONTRIBUTIONS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. Section 2-238 of Division 2 of Article IV of Chapter 2 of the Santa Ana Municipal Code is hereby amended to read as follows (new language is underlined and deleted language is stricken): Sec. 2-328. Meetings; chairperson; recording secretary. The election of each chairperson and vice -chairperson shall be held at the meetings of the respective boards and commissions during the month of July of each year. The board or commission, in the event of a vacancy in the office of the chairperson or vice - chair person, shall elect one (1) of its members for the unexpired term. The chairperson shall have the responsibility for informing the city council of board, commission, or committee actions or inactions and the reasons therefore. The city manager or his or her designee shall designate a secretary for the recording of minutes for each of such boards and commissions, who shall keep a record of its proceedings and transactions. Each board and commission shall prescribe rules and regulations governing its operations which shall be consistent with the charter, this Code, and shall be filed with the city clerk of the not inni' for public inspection. The- personnel board shall rneet menthly, provided there is business on the agenda W Gerne before mt. Section 2. Section 2-331.5 shall be added to Division 3 of Article IV of Chapter 2 of the Santa Ana Municipal Code to read as follows: Ordinance No. NS-XXX Page 1 of 5 Sec. 2-331.5. - Meetings. The personal board shall meet twice a month on the second and fourth Thursdays, provided there is business on the agenda to come before it. Section 3. The title of Article VII of Chapter 2 of the Santa Ana Municipal Code is hereby amended as follows (new language is underlined and deleted language is stricken): ARTICLE VII. - CITY MANAGERLS, CITY CLERK AND CITY ATTORNEY CONTRACTING AUTHORITY Section 4. Subsection (a) (1) of Section 2-748 of Article VII, of Chapter 2 of the Santa Ana Municipal Code is hereby amended to read as follows (new language is underlined and deleted language is stricken): Sec. 2-748.- City manager's contracting authority. (a) Non-public works contracts. (1)The city manager is authorized to bind the city to any one (1) or more written non-public works contract, per vendor, in an amount or amounts not exceeding the sum of fifty thousand dollars ($50,000.00) per department, and per each Fiscal Year. For purposes of this section, a non-public works contract shall mean any contract not deemed to be a public works contract under subsection (b)(1). (2)The city manager is hereby authorized to bind the city on amendments to any one (1) non-public works contract when such amendment for any one (1) non-public works contract, together with any previously approved amendments for said contract, do not cumulatively amount to an increase of the city's expenditure obligation under said contract of more than twenty (20) percent of the original contract amount. (b) Public works contracts. (1)The city manager is authorized to bind the city to any one (1) or more written public works contract, per vendor, in an amount or amounts not exceeding the sum of five hundred thousand dollars ($500,000). For purposes of this section, a public works contract shall be deemed to mean a project for the erection, improvement, and/or maintenance, inspection, testing and repair of public buildings, streets, drains, sewers, or parks. (2)The city manager is authorized to bind the city to any one (1) written contract for emergency public works construction in an amount not exceeding the sum of five hundred thousand dollars ($500,000). (3)The city manager is hereby authorized to bind the city on change orders to any one (1) public works contract, when such change order for any one (1) public works contract, together with any previously approved change orders for said contract, do not Ordinance No. NS-XXX Page 2 of 5 cumulatively amount to an increase of the city's expenditure obligation under said contract of more than twenty (20) percent of the original contract amount. (c)Website access and search features. (1) All agreements approved by the Gcity Mmanager shall be posted to the City's website on a quarterly basis. (2) The City's website shall provide search capabilities allowing users to search any and all agreements approved by the Gcity Mmanager based on words, phrases, and dollar amounts. Section 5. A new section 2-749 is hereby added to Article VI of Chapter 2 of the Santa Ana Municipal Code to read as follows: Sec. 2-749. - City Attorney and City Clerk contracting authority. (a) The city attorney is authorized to bind the city to any one (1) or more written contracts for goods or services, to conduct department business, per vendor and per each Fiscal Year where said contract does not exceed the sum of twenty-five thousand dollars ($25,000.00). (b) The city clerk is authorized to bind the city to any one (1) or more written contracts for goods or services, to conduct department business, per vendor and per each Fiscal Year where said contract does not exceed the sum of twenty-five thousand dollars ($25,000.00). (c) Website access and search features. (1) All agreements approved by the city attorney and city clerk shall be posted to the City's website on a quarterly basis. (2) The City's website shall provide search capabilities allowing users to search any and all agreements approved by the city attorney and city clerk based on words, phrases, and dollar amounts. Section 6. Section 2-107 of Article II of Chapter 2 of the Santa Ana Municipal Code is repealed in its entirety. IN F M., 111111111111111111 •. -- Ordinance No. NS-XXX Page 3 of 5 Section 7. 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. Section 8. This Ordinance shall become effective thirty (30) days after its adoption. Section 9. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be published as required by law. ADOPTED this day of April, 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 Ordinance No. NS-XXX Page 4 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the 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 Ordinance No. NS-XXX Page 5 of 5