Agenda packet — Santa Ana City Council, December 13, 2022

City Council Meeting Packet
December 13, 2022
SPECIAL MEETING – 6:00 PM
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Vicente Sarmiento
Mayor
Thai Viet Phan
Councilmember – Ward 1
Nelida Mendoza
Councilmember Ward 2
Jessie Lopez
Councilmember Ward 3
Phil Bacerra
Mayor Pro Tem Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Kristine Ridge
City Manager
Norma Orozco
Assistant Clerk of the Council
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/citymeetings.

CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:

Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.

Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency
Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.

PUBLIC COMMENTS – Members of the public who wish to address the City Council on items only on the special agenda may do so by one of the following ways:

MAILING OPTION written communications – Public comments may be mailed to:

Office of the Clerk of the Council, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.

SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received before 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.

LIVE VIRTUAL OPTION – Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for comments. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.

INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 6:00 p.m. for the public comment period as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair.

The following designated public comment periods are:

LIVE PUBLIC COMMENTS ON SPECIAL AGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 5:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 6:00 p.m. Speakers who are not in the speaker queue by 6:00 p.m. will not be permitted to speak.

About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball
) or download a pdf (the cloud symbol with the down arrow ).
20202022 CITY COUNCIL
CALL TO ORDER
ATTENDANCE Councilmembers Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Mayor Pro Tem Phil Bacerra
Mayor Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council
ROLL CALL
PRESENTATION OF THE COLORS Honor Guard, Santa Ana Police Department PLEDGE OF ALLEGIANCE Kaiya Gonzales
WORDS OF INSPIRATION Pastor Maribel Toan
PUBLIC COMMENT – Agendized items only.

BUSINESS CALENDAR

1. Resolution Declaring the November 8, 2022 General Municipal Election Results Measures W and X and the Election of Certain Officers
Department(s): Clerk of the Council Office
Recommended Action: 1.Resolution No. 2022XXX Adopt a resolution declaring the results of the General Municipal Election held in the City on November 8, 2022.

2. Execute Ordinance No. NS3031 approved by the voters amending Articles IV, IX, and X of Chapter 21 of the Santa Ana Municipal Code to restructure noncannabis business license tax rates and adding Article XIV to Chapter 21 of the Santa Ana Municipal Code to provide a Flexible Tax Holiday for unlicensed, past due, or underassesed businesses (Measure W).

3. Authorize submission to the Secretary of State, for acceptance and filing, Amendments to the Santa Ana City Charter approved by the voters imposing a lifetime ban for the Mayor after 4 terms and a lifetime ban for Councilmembers after completion of 3 terms, requiring approval of 2/3 of the City Council to adopt a budget, expanding the application of the Code of Ethics, utilizing gender neutral language throughout the Charter, changing references to the “Clerk of Council” to “City Clerk” and making other minor updates (Measure X).

PRESENTATION
City Tiles presented to Mayor Vicente Sarmiento and Councilmember Nelida Mendoza for their exceptional service to the residents of the City of Santa Ana during their tenure.

COUNCIL COMMENTS – Outgoing Members
OATH OF OFFICE ADMINISTERED TO OFFICERS ELECTED

NAME TITLE
Benjamin Vazquez Councilmember, Ward 2
Phil Bacerra Councilmember, Ward 4
David Penaloza Councilmember, Ward 6
Valerie Amezcua Mayor
20222024 CITY COUNCIL
CALL TO ORDER
ATTENDANCE Councilmembers Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor Pro Tem Phil Bacerra
Mayor Valerie Amezcua
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council
ROLL CALL
BUSINESS CALENDAR

2. Election of Mayor Pro Tem for 2023
Department(s): Clerk of the Council Office
Recommended Action: It is recommended that:

1. The Mayor calls for nominations for Mayor Pro Tem Position.

2. The Mayor closes nominations for position.

3. The Mayor declares the result of the election.
**END OF BUSINESS CALENDAR**
COUNCIL COMMENTS
ADJOURNMENT – Adjourn the special city council meeting.

City Council

1 12/13/2022

PUBLIC COMMENTS – Members of the public who wish to address the City Council on items only on the special agenda may do so by one of the following ways:

MAILING OPTION written communications – Public comments may be mailed to:

The following designated public comment periods are:

BUSINESS CALENDAR

PRESENTATION
City Tiles presented to Mayor Vicente Sarmiento and Councilmember Nelida Mendoza for their exceptional service to the residents of the City of Santa Ana during their tenure.

COUNCIL COMMENTS – Outgoing Members
OATH OF OFFICE ADMINISTERED TO OFFICERS ELECTED

2. Election of Mayor Pro Tem for 2023
Department(s): Clerk of the Council Office
Recommended Action: It is recommended that:

1. The Mayor calls for nominations for Mayor Pro Tem Position.

2. The Mayor closes nominations for position.

3. The Mayor declares the result of the election.
**END OF BUSINESS CALENDAR**
COUNCIL COMMENTS
ADJOURNMENT – Adjourn the special city council meeting.

City Council

2 12/13/2022

PUBLIC COMMENTS – Members of the public who wish to address the City Council on items only on the special agenda may do so by one of the following ways:

MAILING OPTION written communications – Public comments may be mailed to:

The following designated public comment periods are:

BUSINESS CALENDAR

PRESENTATION
City Tiles presented to Mayor Vicente Sarmiento and Councilmember Nelida Mendoza for their exceptional service to the residents of the City of Santa Ana during their tenure.

COUNCIL COMMENTS – Outgoing Members
OATH OF OFFICE ADMINISTERED TO OFFICERS ELECTED

2. Election of Mayor Pro Tem for 2023
Department(s): Clerk of the Council Office
Recommended Action: It is recommended that:

1. The Mayor calls for nominations for Mayor Pro Tem Position.

2. The Mayor closes nominations for position.

3. The Mayor declares the result of the election.
**END OF BUSINESS CALENDAR**
COUNCIL COMMENTS
ADJOURNMENT – Adjourn the special city council meeting.

City Council

3 12/13/2022

PUBLIC COMMENTS – Members of the public who wish to address the City Council on items only on the special agenda may do so by one of the following ways:

MAILING OPTION written communications – Public comments may be mailed to:

The following designated public comment periods are:

BUSINESS CALENDAR

PRESENTATION
City Tiles presented to Mayor Vicente Sarmiento and Councilmember Nelida Mendoza for their exceptional service to the residents of the City of Santa Ana during their tenure.

COUNCIL COMMENTS – Outgoing Members
OATH OF OFFICE ADMINISTERED TO OFFICERS ELECTED

2. Election of Mayor Pro Tem for 2023
Department(s): Clerk of the Council Office
Recommended Action: It is recommended that:

1. The Mayor calls for nominations for Mayor Pro Tem Position.

2. The Mayor closes nominations for position.

3. The Mayor declares the result of the election.
**END OF BUSINESS CALENDAR**
COUNCIL COMMENTS
ADJOURNMENT – Adjourn the special city council meeting.

City Council

4 12/13/2022

PUBLIC COMMENTS – Members of the public who wish to address the City Council on items only on the special agenda may do so by one of the following ways:

MAILING OPTION written communications – Public comments may be mailed to:

The following designated public comment periods are:

BUSINESS CALENDAR

PRESENTATION
City Tiles presented to Mayor Vicente Sarmiento and Councilmember Nelida Mendoza for their exceptional service to the residents of the City of Santa Ana during their tenure.

COUNCIL COMMENTS – Outgoing Members
OATH OF OFFICE ADMINISTERED TO OFFICERS ELECTED

2. Election of Mayor Pro Tem for 2023
Department(s): Clerk of the Council Office
Recommended Action: It is recommended that:

1. The Mayor calls for nominations for Mayor Pro Tem Position.

2. The Mayor closes nominations for position.

3. The Mayor declares the result of the election.
**END OF BUSINESS CALENDAR**
COUNCIL COMMENTS
ADJOURNMENT – Adjourn the special city council meeting.

City Council

5 12/13/2022

PUBLIC COMMENTS – Members of the public who wish to address the City Council on items only on the special agenda may do so by one of the following ways:

MAILING OPTION written communications – Public comments may be mailed to:

The following designated public comment periods are:

BUSINESS CALENDAR

PRESENTATION
City Tiles presented to Mayor Vicente Sarmiento and Councilmember Nelida Mendoza for their exceptional service to the residents of the City of Santa Ana during their tenure.

COUNCIL COMMENTS – Outgoing Members
OATH OF OFFICE ADMINISTERED TO OFFICERS ELECTED

2. Election of Mayor Pro Tem for 2023
Department(s): Clerk of the Council Office
Recommended Action: It is recommended that:

1. The Mayor calls for nominations for Mayor Pro Tem Position.

2. The Mayor closes nominations for position.

3. The Mayor declares the result of the election.
**END OF BUSINESS CALENDAR**
COUNCIL COMMENTS
ADJOURNMENT – Adjourn the special city council meeting.

City Council

6 12/13/2022

PUBLIC COMMENTS – Members of the public who wish to address the City Council on items only on the special agenda may do so by one of the following ways:

MAILING OPTION written communications – Public comments may be mailed to:

The following designated public comment periods are:

BUSINESS CALENDAR

PRESENTATION
City Tiles presented to Mayor Vicente Sarmiento and Councilmember Nelida Mendoza for their exceptional service to the residents of the City of Santa Ana during their tenure.

COUNCIL COMMENTS – Outgoing Members
OATH OF OFFICE ADMINISTERED TO OFFICERS ELECTED

2. Election of Mayor Pro Tem for 2023
Department(s): Clerk of the Council Office
Recommended Action: It is recommended that:

1. The Mayor calls for nominations for Mayor Pro Tem Position.

2. The Mayor closes nominations for position.

3. The Mayor declares the result of the election.
**END OF BUSINESS CALENDAR**
COUNCIL COMMENTS
ADJOURNMENT – Adjourn the special city council meeting.

City Council

7 12/13/2022

Clerk of the Council Office
www.santa-ana.org/clerk-of-the-council/
Item # 1
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 13, 2022
TOPIC: Certification of the General Municipal Election held on November 8, 2022 AGENDA TITLE:

Resolution Declaring the November 8, 2022 General Municipal Election Results - Measures W and X and the Election of Certain Officers

RECOMMENDED ACTION

1. Adopt a resolution declaring the results of the General Municipal Election held in the City on November 8, 2022.

2. Execute Ordinance No. NS-3031 approved by the voters amending Articles IV, IX, and X of Chapter 21 of the Santa Ana Municipal Code to restructure non-cannabis business license tax rates and adding Article XIV to Chapter 21 of the Santa Ana Municipal Code to provide a Flexible Tax Holiday for unlicensed, past due, or underassesed businesses (Measure W).

DISCUSSION
On December 2, 2022 the Orange County Registrar of Voters certified the results of the canvass of the Santa Ana General Municipal Election returned for Measures W and X, and the election of certain officers.

Pursuant to State Elections Code Sections 10263 and 10264, the City Council must adopt a resolution reciting the fact of the election results as follow: (a) The whole number of votes cast in the city; (b) The names of the persons voted for; (c) The measures voted upon; (d) For what office each person was voted for; (e) The number of votes given at each precinct to each person and for and against each measure; and (f) The number of votes given in the city to each person and for and against each measure.

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Certification of the General Municipal Election
December 13, 2022

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3 1
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Measure W, considered and approved by the voters, is an ordinance to amend Chapter 21 of the Santa Ana Municipal Code to restructure non-cannabis business license tax rates and to provide a flexible tax holiday for unlicensed, past due, or underassessed business. Pursuant to Elections Code Section 9217, the ordinance shall be considered as adopted upon the date that the vote is declared by the City Council, and shall go into effect ten (10) days after that date.

Measure X, considered and approved by the voters, is related to updating the Charter by imposing a lifetime ban for the Mayor after 4 terms and a lifetime ban for Councilmembers after completion of 3 terms, requiring approval of 2/3 of the City Council to adopt a budget, expanding the application of the Code of Ethics, utilizing gender neutral language throughout the Charter, changing references to the “Clerk of Council” to “City Clerk” and making other minor updates. Pursuant to Government Code Section 34459, if the voters vote in favor of the charter proposal, amendment, or repeal, it shall be deemed to be ratified, but shall not take effect until accepted and filed by the Secretary of State pursuant to Section 34460.

Also on the Result of the Canvass of the General Election Returns are the results of the election of certain officers. The accompanying Resolution and Certificate of Registrar of Voters to Result of the Canvass of the General Election Returns identify the results of the balloting. By adopting the resolution, the City Council declares elected the following individuals:
•Valerie Amezcua, Mayor·
•Benjamin Vazquez - Councilmember, Ward 2
•Phil Bacerra - Councilmember, Ward 4
•David Penaloza - Councilmember, Ward 6
The resolutions placing the Measures on the ballot are also provided as reference and included as exhibits.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
There is no fiscal impact associated with this action.

EXHIBIT(S)

1. Resolution Declaring the Results of the November 8, 2022 General Municipal Election
1A. Certificate of Registrar of Voters

2. Ordinance No. NS-3031 (Measure W)

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Certification of the General Municipal Election
December 13, 2022

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3. Charter Amendments (Measure X)

4. Resolution No. 2022-056 (Measure W - Business License Tax Rates)

5. Resolution No. 2022-067 (Measure X - Charter Amendments) Submitted By: Norma Orozco, Acting Assistant Clerk of the Council Approved By: Kristine Ridge, City Manager

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Resolution No. 2022-XXX

Page 1 of 3 ends

RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA DECLARING THE RESULTS OF THE

GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER
8, 2022

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. Pursuant to the Charter of the City of Santa Ana, a general municipal election was held in the City of Santa Ana on November 8, 2022, to fill the office of Mayor and offices of members of the City Council nominated from Wards 2 , 4 and 6 of the City, and to consider two measures, entitled “W” and “X” respectively.

B. T he results of the said election, including the whole number of votes cast in the City, the names of the persons voted for, the measures voted upon, for what office each person was voted for, the number of votes given at each precinct to each person and for and against each measure, and the number of votes given in the City to each person and for and against each measure, are set forth in the Certificate of Registrar of Voters to Result of the Canvass of the General Election Returns , which is attached as Exhibit A and incorporated herein by this reference as though fully set forth.

C. City Charter Section 406 provides that “[t]he City Council shall be the judge of the election and quali fications of its members as def ined in section 401 of this charter and shall meet on the first regularly scheduled meeting after election returns are certified for any municipal election at which members of the City Council are elected, declare the results thereof, and install elected members, if any.”

D. The City Council determines in accordance with Section 406 of the City Charter that Valerie Amezcua is entitled to hold the office of Mayor . The City Council also declares Valerie Amezua elected to the office of Mayor of the City of Santa Ana for a two-year term.

E. The City Council determines in accordance with Section 406 of t he City Charter that Benjamin Vazquez is entitled to hold the office of Councilmember for Ward

2. The City Council also declares Benjamin Vazquez elected to the of fice of Councilmember for Ward 2 of the City of Santa Ana for a four-year term.

F. The City Co uncil determines in accordance with Section 406 of the City Charter that Phil Bacerra is entit led to hold the of fice of Councilmember for Ward 4.

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Resolution No. 2022-XXX

Page 2 of 3 ends

The City Council also declares Phil Bacerra elected to the office of Councilme mber for Ward 4 of the City of Santa Ana for a four-year term.

G. The City Council determines in accordance with Section 406 of the City Charter that David Penaloza is entitled to hold the office of Councilmember for Ward 6.

The City Council also declares David Penaloza elected to the of fice of Councilmember for Ward 6 of the City of Santa Ana for a four-year term.

H. Based upon results of the said election, the following measure shall become a valid and binding ordinance of the City, shall be considered as adopted upon the date that the vote is declared by the City Council, and shall go into effect 10 days after that date:

• Measure W : Santa Ana Business License Tax Equity and Flexible Tax Holiday Measure

I. Based upon results of the said election, the following measure shall become effective after acceptance and filing by the Secretary of State:

• Measure X: Charter Amendments

Section 2. T
his 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.

A
DOPTED this ____ day of December, 2022.

________________________________

Mayor

APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney

By:_____________________________
John M. Funk
Chief Assistant City Attorney

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Resolution No. 2022-XXX

Page 3 of 3 ends

AYES Councilmembers

NOES: Councilmembers

ABSTAIN: Councilmembers

NOT PRESENT: Councilmembers

CERTIFICATE OF ATTESTATION AND ORIGINALITY

I, ___________________, Clerk of the Council do hereby attest to and certify the attached Resolution No 2022-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on ______________, 2022.

Date _______________ ______________________________
Clerk of the Council
City of Santa Ana

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ORDI
NANCE NO. NS-3031

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA AMENDING ARTICLES IV, IX, AND X OF
CHAPTER 21 OF THE SANTA ANA MUNICIPAL CODE TO

RESTRUCTURE NON-CANNABIS BUSINESS LICENSE
TAX RATES AND ADDING ARTICLE XIV TO CHAPTER 21

OF THE SANTA ANA MUNICIPAL CODE TO PROVIDE A

FLEXIBLE TAX HOLIDAY FOR UNLICENSED, PAST DUE,

OR UNDERASSESED BUSINESSES

The People of the City of Santa Ana do ordain as follows:

Section 1. A s a
charter city, and subject to voter approval, the City of Santa Ana is authorized to levy business license taxes to raise revenue for municipal purposes, pursuant to Section 5 of Article XI of the California Constitution, Section 200 of the City Charter, and Section 2(b) of Article XIII C of the California Constitution.

Section 2. B
y this Ordinance submitted for voter approval, the City wishes to restructure non- cannabis business license tax rates within the City of Santa Ana to improve tax equity among all business sizes, reflect current best practices, recognize the impact of home-based businesses and the new “gig” economy, and to provide a flexible tax holiday period for unlicensed, past due, or under-assessed businesses, with the intent to have a revenue-neutral fiscal impact to the City.

Section 3
. Article IV (Exemptions) of Chapter 21 of the Santa Ana Municipal Code (Licenses), Sections 21-48 and 21-49, is hereby amended to read as follows:

Se
c. 21-48. - Business licensing—Specified exemptions.

(a) A business license shall not be required for the conducting of any entertainment, concert, exhibition or lecture on scientific, historical, literary, religious or moral subjects whenever the receipts of any such activity are to be appropriated to any church or school or to any religious or benevolent purpose within the city.

(b) A business license shall not be required for any person under eighteen (18) years of age, who is a resident of the city, and who is enrolled in an institution of secondary education; provided, however, such person has no employee or employees working for him or her.

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(c) A business license shall not be required for any attorney whose only business done in the city is in the courts operated in this city, nor for any doctor whose only business done in the city is surgery and/or consultation in a regularly established hospital in the city ; p rovided, however, that the maintenance of an office, facility, or establishment within the city used in connection with any attorney’s appearance in any court within the city, or a ny doctor’s surgery or consultation performed at any hospital within the city shall not be hereby exempted from the city’s business licensing requirements.

(d) A business license shall not be required for any other licensed person providing professional s ervices not having a fixed place of business within the city and not engaged in other than the occasional furnishing of professional services wholly negotiated and contracted for outside the city.

(e) A business license shall not be required for any business done in the city where the business conducted is only occasional and incidental to a regularly established business conducted elsewhere.

(f) A business license shall not be required for any commercial traveler whose business is limited to goods, wares, and merchandise sold or dealt in at wholesale in this state, or for any salesman or agents representing vendors which have, do, or would normally supply goods for resale to licensees of the city.

(g) A business license shall not be required for any individual whose business is limited to providing in-home childcare to immediate or extended family members. The phrase “immediate or extended family members” shall mean such individual’s direct children, children by adoption, children by marriage, grandchildren (direct, by adoption, or by marriage), nieces or nephews (direct, by adoption, or by marriage), and any foster children or other minor under eighteen (18) years of age living as part of the same residential household.

Sec. 21-49. - Business licensing—Specified exclusions.

Except as may be otherwise specifically provided in this Chapter, the terms hereof shall not be deemed to apply or construed to require the payment of a license tax by any of the following persons:

(1) Banks, including national banking associations, federal credit unions, and financial corporations, to the extent that a city may not levy a license tax upon them under the provisions of Article XIII, Section 27 of the State Constitution. (2) Insurance companies or associations engaged in the sale and servicing of insurance and their direct agents, including bailbond agents and life agents, but not including brokers or bailbond brokers or life and disability insurance analysts or insurance

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solicitors to the extent that a city may not levy a license tax upon them under the provisions of Article XIII, Section 28 of the State Constitution. (3) Any governmental agency or subdivision and the employees thereof, to the extent they are engaged in the business of such governmental agencies or subdivisions. (4) Any state alcoholic beverage licensee engaged in the manufacture, sale, purchase, possession, or transportation of alcoholic beverages within the state to the extent that a city may not levy a license tax upon them under provisions of Article XX, Section 22 of the State Constitution.

Section 4. A
rticle IX (Miscellaneous) of Chapter 21 of the Santa Ana Municipal Code (Licenses), Section 21-113, is hereby amended to read as follows:

Se
c. 21-113. - Telephone services.

Every person engaged in the business of providing telephone services shall pay an annual business fee according to Section 21-119(2) of this Chapter.

Section 5 . Article X (Rates and Schedules) of Chapter 21 of the Santa Ana Municipal Code, Sections 21-116 through 21-121, is hereby amended to read as follows:

ART
ICLE X. - RATES AND SCHEDULES

Sec. 21-116. - Applicability of article.

The tax for any license required by any Section of this Chapter shall be set forth in this article for the particular business involved. The tax and the duration of the license shall be annual, quarterly, monthly, and daily as indicated in this article. The letter "A" following the tax shall indicate an annual rate; the letter "Q" shall indicate a quarterly rate; the letter "M" shall indicate a monthly rate; the letter "D" shall indicate a daily rate. No letter following the tax shall indicate a variable duration as determined in connection with other applicable provisions set forth elsewhere in the Santa Ana Municipal Code. In place of a tax, the letter “C” shall denote a specified charge. The applicability of the charge shall be determined by the Business License Tax Code provision establishing it. In the place of either a tax or charge, the letter “T” shall denote a s pecified qualifying threshold amount. The applicability of the qualifying threshold amount shall be determined by the Business License Tax Code provision establishing it.

Sec. 21-117. - New business license tax.

(a) A license tax for a new business shall be paid in advance or a deposit taken in lieu thereof prior to any new business activity being undertaken.

(b) All new businesses for whom flat fees are made the basis for fixing the amount of such license shall pay in advance an amount equal to one- quarter (¼) of the

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annual fee therefor for each quarter and fraction of a quarter remaining during the period for which the new license is issued, except as otherwise specified hereinafter.

(c) All new businesses for whom the gross receipts of such business are made the basis for fixing the amount of such license shall pay their annual fee based on actual gross receipts received during the period for which the new license is issued. For any business which is commenced subsequent to April first, the renewal fee shall be based upon an annualization of the actual gross receipts received during the period for which the new license is issued. In the event an applicant fails to submit a report of the actual gross receipts received pursuant to Section 21- 77, the fee shall be based on the collector's estimate of the actual gross receipts received pursuant to Section 21- 79. In lieu of payment in advance, each applicant shall post a deposit in the amount hereinafter indicated.

(1) All new businesses beginning business on or after April first of the current year but before April first of the following year shall post a deposit of two hundred dollars ($200.00).

(2) All new businesses beginning business on or after March first of the current year but before April first of current year shall post a deposit equivalent to one and one- twelfth (1 1/12 ) of the required deposit for all new businesses beginning April first.

Where an applicant's fee is determined to be in excess of the amount of the specified deposit, said deficiency shall be added without interest or penalty to the amount of the applicant's renewal fee as calculated pursuant to Sections 21 -77 or 21-79. Where an applicant ceases to transact and carry on the business licensed on or before the expiration of the period for which the new license is issued, and where the applicant's fee is determined to be in excess of the amount of the specified deposit, the applicant shall remain liable for said deficiency which shall be deemed due and collectible at the same time and in the same manner as all other annual gross receipts fees due and payable upon renewal.

Where an applicant's fee is determined to be less than the amount of the specified deposit, said surplus shall be applied without interest as a credit against the amount of the applicant's renewal fee as calculated pursuant to Sections 21-77 or 21-79. Where an applicant ceases to transact and carry on the business licensed on or before the expiration of the period for which the new license is issued, and where the applicant's fee is determined to be less than the amount of the specified deposit, said surplus may be requested by applicant as a refund; provided, however, that such request must be made in writing and must be made within one (1) year of the expiration of the initial license period.

(d) Notwithstanding subsection (b) above, unless an adjustment or exemption is obtained pursuant to this Chapter, the minimum tax pursuant to this section shall be in the amount as specified in Section 21-120n.

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Sec. 21-118. - Same; nonresident businesses.

(a) All new businesses located elsewhere, excluding businesses engaged in the business of pushcart vending or in erecting, maintaining and selling of advertising space on off -premises commercial advertising signs in the city or engaged in the operation of coin- operated machines or devices, or engaged otherwise in vending operations, but transacting and carrying on business in the city, and for whom flat rates or variable flat rates are made the basis for fixing the amount of such license, shall have the option of paying the flat rate or variable flat rate amount or basing the amount of their tax upon their attributable gross receipts in accordance with Section 21- 119(1), to which no basic tax rate amount shall be added, but for which a two- hundred-dollar-annual deposit shall be required to offset any tax due should applicant cease operation before the expiration of the license term. Provided further that all such businesses who so elect shall pay in advance an amount th erefor as set forth in Section 21 -117, subsection (c) above. Said deposit to be applied as a credit or to be taken as a refund in the same manner as is set forth in Section 21-117, subsection (c).

(b) All new businesses located elsewhere, but transacting and carrying on business in the city for whom gross receipts are made the basis for fixing the amount of such license, shall base their tax upon attributable gross receipts in a manner similar to that of all other similarly classified businesses for whom gross receipts are made the basis for fixing the amount of their license, to which no basic tax rate amount shall be added.

(c) Unless an adjustment of exemption is obtained pursuant to this Chapter, the minimum tax pursuant to this section shall be in the amount as specified in Section 21-120n.

Sec. 21-119. - Gross receipts tax rates.

Gross receipts tax rates for the different classifications are as follows:
(1) Classification "A"—All businesses for which no tax is specified elsewhere in this article, including, but not limited to: retail businesses and sales at retail, services (including real estate brokers, real estate developers, insurance brokers, life and disability insurance analysts, stock and bond brokers, commission agents, br okers or merchants, professional services, ambulance services , and recreational services), hotels, motels, theaters, and food establishments:

For each separate place of business licensed, a basic rate of $60.00, subject to adjustment for inflation/deflation in accordance with section 21-120, plus:
$0.65 per $1,000.00

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(2) Classification "B"—Manufacturing, processing, wholesale businesses and sales at wholesale, sales of gasoline and motor fuels, telephone services , and public utility services:

For each separate place of business licensed, a basic rate of $60.00, subject to adjustment for inflation/deflation in accordance with section 21-120, plus:
$0.50 per $1,000.00

(3) Classification "C"—Rental of commercial real estate:

For the first property location licensed, a basic rate of $60.00, subject to adjustment for inflation/deflation in accordance with section 21-120, plus:
$0.65 per $1,000.00

For each additional property location licensed, a basic rate of $10.00, subject to adjustment for inflation/deflation in accordance with section 21-120, plus:
$0.65 per $1,000.00

(4)Classification "D"—Home based businesses: for each separate place of business licensed, a basic rate of $15.00, subject to adjustment for inflation/deflation in accordance with section 21-120, plus:
$0.65 per $1,000.00

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Sec. 21-119.1 - Maximum Tax.

The maximum annual business license tax payable for any single business license required to be obtained pursuant to the Chapter shall not exceed $100,000.00, which amount together with the basic rate amounts established under Section 21- 119 shall be subject to annual adjustment in accordance with Section 21-120.

Sec. 21-119.2. - Holding companies and pass-through entities—Minimum Tax amount.

Whenever a business entity or other person functions as a holding company or pass- through entity and does not directly generate gross receipts within the city, but otherwise transacts and carries on business within the city, or maintains a business presence in the city, or is registered as a business entity with the California Secretary of State pursuant to the California Corporations Code as the same now exists or as may be hereafter amended from time- to-time with a designated or registered business entity address located in the city, then the business license tax liability of such business entity or person under Section 21-119 shall be limited to the minimum tax amount.

Sec. 21-119.3. - Home-based businesses—Alternate tax.

(a) Persons liable under the terms of this Chapter for gross receipts business license taxes for business conducted from a home residence within the city and whose gross receipts therefrom do not exceed the annual amount specified in Section 21- 120h(1)(a) per year shall have the right to elect an alternate flat rate business license tax as set forth in Section 21- 120h of this Chapter for home based businesses and home based occupations, in lieu of the gross receipts tax which would otherwise be applicable.

Such election shall be made in writing at the time of applicant's original application for a business license or may be made once annually thereafter at the time of licensee's application for a renewal license.

(b) Home based businesses and home occupations eligible for election of an alternate flat rate tax assessment shall be deemed to be those businesses or occupations conducted from a home residence in the city whose business or occupational use of said residential premises meets the requirements for a home occupation permit as set forth in Sections 41-193.1 through 41-607 of this code as the same now exist or as they may be hereafter amended from time-to-time.

Sec. 21-119.4. - Election of an alternate tax assessment basis—Effect.

In every case where a licensee exercises a right under this Chapter to elect an alternate tax assessment basis the effect of said election shall be as follows:
(a) In the event an existing licensee elects to convert their annual license assessment to an alternate tax assessment basis with an annual term beginning one (1) or more calendar quarters before the commencement of their pre-existing tax assessment

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basis and ending one (1) or more calendar quarters after the conclusion of their pre- existing tax assessment basis, then their initial alternate tax assessment shall be subject to a quarterly proration to account for the reduced number of calendar quarters remaining in the term of the newly elected tax assessment.
(b) In the event an existing licensee elects to convert their annual license assessment to an alternate tax assessment basis with an annual term beginning one (1) or more calendar quarters after the commencement of their pre-existing tax assessment basis and ending one (1) or more calendar quarters after the conclusion of their pre- existing tax assessment basis, then their pre- existing tax assessment shall be retroactively increased prorata by the number of quarters necessary to account for the quarterly periods remaining between the conclusion of their pre- existing licensing term and the commencement of their alternate tax assessment licensing term.

Sec. 21-120. - Flat rate and variable flat rate tax schedules; adjustment for inflation/deflation.

(a) Flat rate and variable flat rate taxes are as set forth in Section 21-120a through 21-120w of this article.

(b) Each tax, including each of its components, and any specified deposit amount required in lieu thereof, together with any other charges which are imposed pursuant to this chapter, but excluding the individual gross receipts tax rates set forth in section 21-119, shall be automatically adjusted on November 1, 2023, and on November 1 of each year thereafter, upward or downward, equivalent to the most recent change in the annual average of the consumer price index (All Urban Consumers 1982- 84 = 100) as published by the United States Department of Labor for the Los Angeles-Long Beach- Anaheim metropolitan area as the same now exists or as shall be from time to time amended by the United States Department of Labor.

(c) For purposes of calculating the annual infla tor/deflator factor under this section, the base year shall be that year ending with the quarter ending June 30, 2022.

Rates (tax rates, basic rate amounts, charges, specified deposit amounts, qualifying threshold amounts, maximum tax cap amounts) shall first be adjusted on November 1, 2023, and thereafter, based on the annually calculated change from the base year through to September 30 of each successive year. Said change shall be rounded off to the nearest whole dollar as follows: If the remaining fraction of a dollar is forty-nine one- hundredths of a dollar or less, such fraction shall be omitted. If the remaining fraction of a percent is fifty one- hundredths of a dollar or more, the next highest dollar shall be applied.

Sec. 21-120a. - Advertising services amusement services.

(1) ADVERTISING SERVICE:
(a) Distributing samples or posting bills ....................................... $250.00 A (2) AMUSEMENT SERVICES:

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(a) Amusement center (a location where mechanical devices or animals are maintained for furnishing rides or entertainment and which may also include vending stands):

(i) More than 10 days:

Base rate .......................................................................... $500.00 M Plus, for each ride or vending stand in excess of 10 .............60.00 Q (b) Sporting exhibitions ....................................................................100.00 D (c) Carnival, circuses, concerts, tent shows and open air shows seating not more than 4,000 persons:

First day ..............................................................................200.00 D Each additional day ............................................................100.00 D (d) Carnival, circuses, concerts, tent shows and open air shows seating more than 4,000 persons:

First day ................................................................................500.00 D Each additional day……………………………………………..300.00 D

Sec. 21-120b. - Building tradesmen and taxi companies.

(1) BUILDING TRADESMEN, per individual ............................................$35.00 A (2) TAXI COMPANY, per vehicle ………………………………………………35.00 A

Sec. 21-120c. - Catering trucks, change in location amendment charge, change in name amendment charge, christmas tree and pumpkin lots, contractors.

(1) CATERING TRUCKS, per vehicle .................................................... $250.00 A (2) CHANGE IN LOCATION AMENDMENT CHARGE, per license .......... 15.00 C (3) CHANGE IN NAME AMENDMENT CHARGE, per license .................. 15.00 C (4) CHRISTMAS TREE LOTS, per lot ..........................................................8.00 D (5) PUMPKIN PATCH LOTS, per lot ............................................................8.00 D (6) CONTRACTOR—GENERAL CONTRACTOR,
prorated quarterly per contractor .........................................................300.00 A (7) CONTRACTOR—SPECIALTY and SUBCONTRACTOR,
prorated quarterly per contractor .........................................................275.00 A

Sec. 21-120d. - Dances, duplicate license charge.
(1) DANCE, PUBLIC, per dance. .............................................................$35.00 D

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(2) DUPLICATE LICENSE CHARGE, per license .....................................10.00 C Sec. 21-120f. - Firework stand.

FIREWORK STAND, per stand $250.00

Sec. 21-120g. - Gardeners or lawn maintenance workers.

GARDENERS OR LAWN MAINTENANCE WORKER, per individual………$35.00 A

Sec. 21-120h. - Home-based businesses, home occupations, hobby - gratuitous license charge.

(1) HOME-BASED BUSINESS/HOME OCCUPATION ..............................$35.00 A a. QUALIFYING THRESHOLD AMOUNT per licensee ............. 50,000.00 T (2) HOBBY – GRATUITOUS LICENSE CHARGE, per license .....................10.00 C

Sec. 21-120i. - Independent contractors, ice cream trucks, itinerant merchants, insurance solicitors, initial period application processing charge.

(1) INDEPENDENT CONTRACTOR, per individual ..................................$35.00 A (2) INITIAL PERIOD APPLICATION PROCESSING CHARGE
Per license application ...........................................................................15.00 C (3) ITINERANT MERCHANT ....................................................................250.00 Q (4) INSURANCE SOLICITOR, per solicitor .................................................35.00 A (5) ICE CREAM TRUCKS .........................................................................250.00 A

Sec. 21-120j. - Janitorial and building maintenance services, junk collection.

(1) JANITORS AND BUILDING MAINTENANCE WORKERS,
Per individual .....................................................................................$ 35.00 A (2) JUNK COLLECTION, per vehicle ......................................................250.00 A

Sec. 21-120m. - Minimum gross receipts – qualifying threshold amount / gratuitous license charge.

MINIMUM GROSS RECEPTS – QUALIFYING THRESHOLD AMOUNT /

GRATUITOUS LICENSE CHARGE
(a) QUALIFYING THRESHOLD AMOUNT per licensee ................. $5,000.00 T

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(b) GRATUITOUS LICENSE CHARGE, per license ..............................10.00 C Sec. 21-120n – New Business – minimum tax.

NEW BUSINESS – MINIMUM TAX
Per license ................................................................................................$ 10.00 A

Sec. 21-120o. - Off-premises commercial advertising signs.

OFF-PREMISE COMMERCIAL ADVERTISING SIGNS:
(1) Sign faces with gross dimensions equal to or less than three hundred (300) square feet, per sign face ............................................................ $190.00 A (2) Sign faces with gross dimensions in excess of three hundred (300) square feet, per sign face ..............................................................250.00 A

Sec. 21-120p. - Peddlers and pushcarts.

(1) PEDDLER, per peddler as principal ............................... $250.00 A or 10.00 D (2) PEDDLER, per peddler as independent contractor .............................35.00 A (3) PRINCIPAL'S PEDDLER'S LICENSE ...............................................400.00 A per each person engaged in peddling in the city .................................35.00 A (4) Reserved.
(5) PUSHCARTS, per pushcart ..............................................................500.00 A

Sec. 21-120r. - Real estate agents, renewal application processing charge, rental of residential real estate: residential property rental; residential apartment rental; rooming house rental; residential mobile home property rental; revalidation application processing charge.

(1) R EAL ESTATE AGENT, per agent ....................................................$35.00 A (2) RENEWAL APPLICATION PROCESSING CHARGE
Per license renewal application ...........................................................15.00 C (3) RESIDENTIAL PROPERTY RENTAL UNIT ........................................63.00 A Plus per each property rental unit ........................................................13.00 A (4) RESIDENTIAL APARTMENT RENTAL ...............................................63.00 A Plus per each apartment rental unit .....................................................13.00 A (5) ROOMING HOUSE RENTAL ..............................................................63.00 A Plus per each room rental unit .............................................................13.00 A

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(6) RESIDENTIAL MOBILE HOME PROPERTY RENTAL .......................63.00 A Plus per each rental unit space ...........................................................13.00 A (7) REVALIDATION APPLICATION PROCESSING CHARGE
Per license revalidation application. .....................................................10.00 C Sec. 21-120s. - Sealing of nonidentified or unlicensed machines; shoeshine stands, solicitors, swap meet exhibitor.

(1) SEALING OF NONIDENTIFIED OR UNLICENSED MACHINES
Per machine .........................................................................................$10.00 C (2) SHOESHINE STAND ............................................................................3 5.00 A (3) SOLICITOR, per solicitor as principal .................................................250.00 A (4) SOLICITOR, per solicitor as independent contractor ............................35.00 A (5) PRINCIPAL'S SOLICITOR'S LICENSE ..............................................400.00 A Per each person engaged in soliciting in the city ..................................35.00 A (6) SWAP MEET EXHIBITOR, per participating exhibitor .............................3.00 D

Sec. 21-120t. - Theatrical performance; tow trucks, trucking and general delivery.

(1) THEATRICAL PERFORMANCE ....................................................... $120.00 D (2) TRUCKING AND GENERAL DELIVERY, per vehicle .........................120.00 A (3) TOW TRUCKS, per vehicle ................................................................120.00 A

Sec. 21-120v. - Vending and coin-operated machines.

COIN-OPERATED MACHINES OR DEVICES:
(1) Per $0.25 device and over
(a) First Machine. ............................................................................. $ 25.00 A (b) Per additional device. ....................................................................13.00 A

Sec. 21-120w. - Warehouses.

(1) WAREHOUSE ................................................................................... $250.00 A

Sec. 21-121. - Reserved.

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Section 6. A rticle XIV (Tax Holiday) is hereby added to Chapter 21 of the Santa Ana Municipal Code (Licenses) to read in its entirety as follows.

ARTICLE XIV. - TA X HOLIDAY

Sec. 21-143. - Development and Administration of the Tax Holiday Program.

The City Manager and his or her designee shall develop and administer a Tax Holiday program as authorized and provided in this article.

Sec. 21-144. - Duration and Application of Program.

The Tax Holiday program shall be conducted for the period of twelve (12) months as specified hereinafter.

(a) All annual license renewals based upon a flat rate shall be for the twelve- month period beginning January first of the current year and shall expire on the thirty-first day of December of the current year.

(b) All annual license renewals based upon a variable flat rate shall be for the twelve-month period beginning July first of the current year and shall expire on the thirtieth day of June of the following year.

(c) All annual license renewals based upon gross receipts shall be for the twelve-month period beginning on April first of the current year and shall expire on the thirty-first day of March of the following year.

(d) All quarterly licenses shall be for the period of three (3) months beginning on the first day of January and ending on the thirty -first day of March; on the first day of April and ending on the thirtieth day of June; on the first day of July and ending on the thirtieth day of September; on the first day of October and ending on the thirty-first day of December.

Sec. 21-145. - Elements of program; requisites for compliance with program.

(a) The provisions of this article shall apply to any persons who are required to obtain a business license and pay a business license tax under Chapter 21 of the Santa Ana Municipal Code and who files a business license application and complies with the following program requisites:

(1) Substantially complies with the business license application procedure created and administered by the City Manager and his or her designee;

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(2) For any persons with unlicensed businesses who pay in full all business license taxes for the current tax year within a ninety (90) day period shall then be excused from all back tax liability, including penalties and interest, as described in Section 21-15.

(3) For any persons with licensed businesses that are in arrears for business license taxes or under-assessed as a result of improperly underreporting business license tax liabilities and wish to cure an arrears or underreporting may do so. However, the principal amount of the arrears outstanding or the principal amount of the under - assessment must be paid in full in order to qualify for a penalty and interest Tax Holiday.

(b) For any business license taxes subject to a Tax Holiday under this program, the City Manager and his or her designee may enter into an installment payment agreement, in lieu of the complete payment required under s ubdivision 2 of subsection (a) of this section. Failure of a person paying a business license tax to fully comply with the terms of the installment payment agreement shall render the waiver of any penalties and interest applicable thereto null and void, unless the City Manager and his or her designee determines that the failure was due to reasonable cause and the person substantially complied with the terms of the installment agreement. An installment agreement under this article shall have a minimum term of six (6) months, by which date all arrears business license taxes, fees, and costs must be fully paid. The City Manager and his or her designee may use their discretion to alter any existing installment agreement to reflect the intent of the Tax Holiday.

Section 21-146. - Implementation of article.

Section 7. Pur
suant to Section 2(b) of Article XIII C of the California Constitution and California Elections Code Section 9217, if a majority of the voters voting in the election on this ordinance vote in its favor, the ordinance shall become a valid and binding ordinance of the City of Santa Ana. The ordinance shall be considered as adopted upon the date that the vote is declared by the City Council, and shall go into effect ten (10) days after that date.

Section 8
. 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 People of the City of Santa Ana hereby declare that they

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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 9. F
ollowing certification by the Clerk of Council that the citizens of Santa Ana have approved this o rdinance, the Mayor shall sign this o rdinance and the Clerk shall cause the same to be entered in the book of original ordinances and shall cause the same, or a summary thereof, to be published as required by law.

PASSED,
APPROVED, and ADOPTED by the People of the City of Santa Ana this 8th day of November, 2022

Vicente Sarmiento
Mayor

ATTEST:

Daisy Gomez
Clerk of the Council
APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney

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Proposed Charter amendments: additions are underlined and deleted language is stricken.

Sec. 400. - Number, selection and terms of members.

TheCityCouncilshallconsistofseven (7) memberselectedatthetimesandin themannerprovidedinthischarter, eachofwhom, exceptforthemayor, shallservea termoffour (4) years. Thetermof eachmembershallbeginat 6:00p.m. onthefirst regularlyscheduled meetingor at a special meeting se..GndTuesday of ^^^ em" B
following certificationof election results, and each shall serve except as otherwise providedforinthischarter, untilthemember's hisOFhe successoriselectedand qualified. Eachofficeofcouncilmembershallbeaseparateofficeand, exceptforthe mayor, one ( 1) of such offices shall be assigned to each of the wards of the City.

Councilmembersshall be residents of their respective wards, and nominatedand electedonlybythevotersoftheirrespectivewards. TheMayorshallbeelectedfrom the City at large.

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Sec. 401. Qualifications of members.

To be eligible to be elected to the office of councilmember, a person must be a qualified voter andathirty (30) dayresidentof theward from which thecandidate isnominatedatthetimenominationpapersareissuedasprovidedfor in the Elections Code of the Stateof California, except that the mayor need only be a registeredvoter andthirty (30) dayresidentof thecity at suchtime. In the event any councilmember other than the mayor shall cease to be a resident of the ward from which the councilmember ( or, in the case of an appointee, the councilmember' s predecessor) was elected, or in the event the mayor shall ceaseto be aresidentof thecity, theoffice shallimmediatelybecomevacantandshallbe filled in thesamemannerashereinprovidedfor othervacancies; provided, that where a councilmember ceases to be a resident of the ward from which the councilmember (or, in caseof anappointee, thecouncilmember'spredecessor) was electedsolelybecauseof a changein boundariesof anyward asin this charter provided, the councilmember shall not lose the office by reason of such change. If amemberof thecity councilshallbeconvictedof acrimeinvolvingmoral turpitude, theofficeshallimmediatelybecomevacantandbesodeclaredbythe city council.

A person ru. v has ovaveu uaalt \ five tefms of „ r / A\ years eh shall be eligible F .. «.. ..,..,
o„ t ., ati., F ,. relaat' to theeff4eeF bYY > 1....,«, a: l... o.,, l. or (regardlessof wandsra ente d bythatpersondaringsttehperio... d) ., err thanfor a tor. , beginningo gh (9) yearsafter a 1 t' f th d) a.... ,a.. ,,......... ...,,......, .. ,..,a....... F,... aaaaaba. abaaa \v eatme

1... mber's thirdeanseet,ti, full to m. Short
or partialtefms shall not be nsi. doreu' n deteFminiageligibility f aYY^ 4fHant, n „ ati,..,
o eleeti..., For .. Y,, rposesof thisChaFtery ,.shrt o Y t4il teshall ..

1., be
these .,herethe ,.,. uneil..,omber . I t aappointedor- aplaeeanother a a: lme . fiberwho loft B ffi befoFethe la# er- ff l' t expired. A.,., ,. ,.:
l. v. o...hor ..,h„ assumedofficeat the begiwiiagf a tefmand loft ..FF, ae earl.. F r a ..,hats,. shall be
doomedt ha- ve ,7 full a.... .,..y ..,
u:
ay a. o aaterm; provided,
howeverthat any personue has s ad twenty (20) eenseeutiveyears : off:
ao as botha eetmeilmember- and mayer, regardlessf the d high the., so a, d shallnotbe eligiblefor a .. t.., t
nominatian
or I t' on asa eatineil
memberor as J > He sooner tha., for a tar, . begipmingeight (8) years after. ...Yl„ otion
oftke e .,v ail .
mberor-
mayoralt ' vioe The provisions of
this _ ela4ed to shirtor partialta_f s is d______'d to h deelaratofr ., , „f aistinglaw. V

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See. 401. 01, Term limits. ( NEW SECTION)
A. Councilmembers
A person shall only servethree (3) terms of four ( 4) years each in the office of councilmember ( regardlessof wards representedby that person during such period andregardlessof whetherserviceis consecutiveor nonconsecutive). This term limit of a total of twelve ( 12) vears of service shall be deemedto apply to anyone elected in or after the 2012 general municipal election.

Shortorpartialtermsshallnotbeconsideredin determiningeligibilityfor appointmentnominationor electionForpurposesof thisCharter, shortorpartial termsshallonly bethosewherethe councilmemberwaselectedor appointedto replace another councilmember who left office before the latter official' s term expired Any councilmemberwho assumedoffice at thebeginningof aterm and left office earl for reasonwhatsoever shall be deemedto have served a full term The provisionsof this sectionrelatedto shortorpartial termsis deemedto be declaratory of existing law.

B. Mayor
A personshall only servefour (4) termsof two (2) yearseach (regardlessof whether service is consecutive or nonconsecutive). This term limit of a total of eight (8) yearsof serviceshallbe deemedto applyto anyoneelectedin or afterthe 2012 general municipal election.

Shortor partialtermsshallnot beconsideredin determiningeligibility for appointment nomination or election asmayor. For purposes of this Charter, short orpartialtermsshallonlybethosewherethemayorwaselectedorappointedto replace another mayor who left office before the latter official' s term expired. Any mayorwho assumedoffice atthe beginningof aterm andleft office earlyor before the term expires for any reason whatsoever shall be deemedto have served a full termTheprovisionsofthissectionrelatedtoshortorpartialtermsisdeemedtobe declaratory of existing law.

C. Absolute Term Limit
1) Notwithstandingan othertherpreviouslyenactedprovisionof lawor of this Charter, during their lifetime a personmay serveno more than three (3) terms of four (4) yearseachasamemberof theSantaAnaCity Council, andmayalso serve no more than four (4) terms of two ( 2) years each asMayor of SantaAna.

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The City Clerk, or other election official authorized by law, shall not accept or verify thesignatureson anynominationpaperfor my person including anypaper seeking election as a write- in candidate, nor shall he or she certify or place on the list of certified candidates, nor print or causeto be printed on any ballot ballot pamphlet, sampleballotor ballotlabel thenameof anypersonwhosecandidacy, if successful, will result in a new Mayoral or City Council term that exceedsthe limits set forth herein.
2) No person who has already served three terms as a member of the City Councilmaybeappointedto serveontheCity Council andnopersonwho has already served four terms as Mayor may be appointed to serve as Mayor, whethersaidappointmentis in lieuof aMunicipalElectionor to fill avacancyon the City Council.

No person who has already served three terms as a member of the CityCouncilmayrunfor specialelectionto fill avacancyontheCity Council No person who has already served four terms asMayor may run for special election to fill a vacancy in the office of Mayor.

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Sec. 401. 05. - Code of ethics and conduct.

TheCityof SantaAnashalladopta Codeof EthicsandConductforelected directors of all City departments, and members of appointed boards, commissions, and committeesto assure public confidence in the integrity of local government elected and appointedofficials. The City Council shall periodicals reviewadept the Code of Ethics and Conduct and make any amendments by ordinance or resolution thi ffmonths f the t' FlAt f this Charter sentie .
the Citv Council, the City Manger, the City Attorney, the Clerk of Council or members personnel matter.

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Sec. 404. Presiding officer, mayor.

Themayor shallbe amemberof the City Council andshallpresideoverthe meetings of the City Council. The mayor shall have voice and vote in all of the City Council'sproceedingsandshallberecognizedasheadof theCity government for all ceremonial purposes. The mayor shall have no administrative duties but shallperformsuchotherdutiesasmaybeprescribedby thischarter, or imposedby the City Council, consistent with his office.

Themayorshallbe electedby thevotersof the City at largeat eachgeneral municipalelectioninNovemberof even -numberedyearsfor atwo-yearterm commencing on the samedate asthe terms of other council members elected in such year. No person may be a candidate for mayor and a candidate for any other officeontheCity Councilin thesameelection. In theeventanincumbentCity Council member other than the mayor is elected mayor such other office shall becomevacantatthetimeheor sheassumesofficeasmayorandtheCityCouncil shall call a special election to fill the vacancy.

Tobeeligibleto beelectedtotheofficeof mayorapersonmustbeaqualified voter asprovided for in the Elections Code of the State of California. If the mayor is convictedof acrimeinvolvingmoralturpitude, theofficeshallimmediately become vacant and be so declared by the city council.

A per -son he has se . ad cur tn) a ., 4iye terns eft ( 2) h a..... a. ./ v... a. a. uaira. aa. a ,
ioonPtha., for a ter.., beginning eight (9) ears after n pletie., of the mayef's uio u
foui4h e •• 4iye, f:. 11ter„.. This e gh4, r " eeeling off' n od shall t apply 4 lr- eyidea however, that a per -soft . he has se . ed twenty i20eonseetitiven offieeas botha nil memberand ,. regardless f theorderh' h bothas a... aa..a... ...a.....,.,. ..a.... iiiayer they s . ed shallnet he eligiblefor n .. tme t 4' onor 1 4' eo it memberny er' n f soonerthan a er... beginninga gh4 (9) yearsafter e pletien
of thannil .
n ... here l t a...
a...:: Y...
a. a... ... a....
a. a. a... a... ... v... va. a vi irr. Chart
or partialterms shall net he e . f sideredin ete eligibility f Y6 r or n# ial teR+is shallonlmyhe the ..he e thefnayoFwas 1 t o t d 4 YY" rP lY. aaeeanotheraaJ.., . he leA of - peebeforeffthe lattereeial' s toexpired. Any mayor whoa nn
assumed
efFee at thehegii.,andof ateFanleft fC early before J reThe previsions of this sentienrelatedto ahem e pa# i l 4 deemedt be Y..,...,..,..,, .,......, .,a......,.. .a.. a. aa. a, a.. .. a.. a
air Ya.. a.... ..,, leelarateryof
existing law.

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Sec. 405. - Mayor pro tem.

Each calendar year, at the In -the first meeting in
Januaspecialejeotion
ry,
t vaii h ._.,, mbe_s ,.fthe City c... neil areelected -,theCity Council shall electamayorpro temwhoshallactasmayorduringtheabsencefromtheCity ordisabilityof themayor, orduringany vacancyintheofficeofmayoruntilotherwisefilledinaccordancewithsection403. Allmembersofthe City Council other than the mayor, shall be eligibleto serveasmayor pro tem regardlessof their seniority or whether they previouslyserved aterm or terms as mayor pro tem. Themayor pro tem from the previousyearcannotbeselectedasmayorprotemthe nextyear. Themayorprotemshallserveat thewill andpleasureof theCouncilandmaybereplacedbyfour affirmativevotesof the Council.

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Sec. 406. - Council judge of elections and qualifications of members.

The City Council shall be the judge of the election and qualificationsof its memberjsl as defined in section401 of this charterand shall meet on the first regularlyscheduled meetingor at a specialmeetingafter election returnsare certifiedfor any municipal election at which members of the City Council are elected, declare the results thereof, and install elected members, if any.

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Sec. 413. - Adoption ( resolutions and ordinances).

Everyordinanceshallbeintroducedinwriting. A copyof eachordinanceandwrittenresolutionshall beavailablein thecouncil'schambersforpublicinspectionduringanycouncilmeetingatwhichthesameis tobepassedoradopted. Noordinanceshallbepassedfinallyonthedayit isintroduced, exceptfor emergencyordinancesashereinafterdefinedin Section415, norwithinsix (6) daysthereafter, noratany timeotherthanat aregularor adjournedregularmeeting. A proposedordinancemaynotbe amendedor modified between the time of its first reading intxeduetiee and the time of its secondreading €inal passage, except for correction of typographical or clerical errors ' a rt
aFiginal putpose
amrAtained. Any 'iterationsotherthantypographicalorclericalcorrectionsshallcausetheordinancetobe subjecttoanewfirstreading. TherightsandpowersconferredontheCity Councilshallbeexercisedby ordinance, resolutionormotionasmaybeprescribedbytheConstitutionorLawsof theStateof California, andtheprovisionsofthisCharter; provided, thateachactoftheCityCouncilestablishingafineorother penaltyor grantinga franchiseshallbeby ordinance.

Noorderforthepaymentofmoneyshallbeadoptedormadeatanyotherthanaregularoradjourned regularmeeting, exceptwhenastateof emergencyhasbeendeclaredor at anemergencymeetingproperly convened.

All ordinancesandwrittenresolutionsshallbe signedby themayorandattestedby the Clerk ofthe Councilassoonaspossiblebutnolaterthan72 hoursfrom itsadoptionbythe Council. Ifthe mayoris not availableor does not sign an ordinanceor resolution the Clerkof Councilshall first askthe mayor protemto signandthen anyCouncilmemberwhovotedto approvethe ordinanceor resolution.

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Sec. 607. Same — Further consideration and adoption.

After theconclusionof thepublic hearing, theCity Councilmay further considertheproposedbudgetandmakeanyrevisionsthereofthat it may deem advisable. On or beforethethirty-first (31st) dayof July theCity Council shall adoptthebudgetwith revisions, if any, by the affirmativevotesof atleasttwo- thirds a- er-ity of its members. Upon final adoption, the budget shall be in effect for the ensuingfiscal year. Betweenthefirst (1st) dayof July andanysubsequent date on which the budget, is adopted the several offices, departments and divisions shall be authorized to expend, each calendar month subject to the controls establishedin othersectionsof this charter, amountsof moneyequalto the expendituresof eachsuchoffice, departmentor division duringtheprecedingJune.

ThebudgetadoptedbytheCityCouncilshallprovidefor thesupportof public recreation programs at least the equivalent of six cents ( 6) on each one hundred dollars ($ 100) of theassessedvalue of taxableproperty in theCity onthelegal assessmentdate for the previous fiscal year.

A copyof the adoptedbudget, certified to by the Clerk of theCouncil, shall be filed with the directorof financeanda further copyshallbeplaced, andshall remain on file, in the office of the Clerk of the Council where it shall be available for inspection. The budget so certified shall be reproduced and copies made available for the use of all officers, offices, departments, and other agencies of the City and for the use of civic organizations.

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Sec. 613. - Claims — Formalities; treasurypaymentwaFFaR S. Any claimagainstthe Cityshallbe in writingand maybe in theformof a bill, invoice, payroll, or formal demand. The directorof finance, with approvalof theCityManager, may prescribethe formatterfemrs Gain whichclaimsagainstthe Cityshallbe presented. to him. Eachsuchclaimshallbe presentedto thedireaGr4finance departmentThe directorof financeshall prescribeinternal controlsfor examination and auditof eachclaim, whe shallexamineand ' Audt it. If theclaimis correctin allrespects, has not previouslybeen paid nor certifiedfor payment, is providedfor by anappropriationor legallyenforceable court or administrativeorder for thepurposeor objectthat gaverise to it, andif sufficientfunds for thepaymentthereof remainunencumberedin suchappropriationif applicable, and if theclaimis otherwise legally due and payable, the directorof financeshall 60 GeFt `, on the ^"' r^'^' evidenG ^ a the
o a mR,cshallauthorizepayment from drawv#is- the treasury, and againstthe properfund, for the paymentthereof. All
claimscertifiedfor paymentby thedirectorof finance, and paymentswarrantsdrawn by thefinance directorhim for thepaymentthereof, shall be transmittedby thefinancedirectorhim to theCityManager together with a listof suchpaymentswarrants payable from eachfund, showingfor eachpayment, waFFaatthe number, date, and amountof thepayment -warrant and the nameof thepayee. The City Managermay approveor disallowany of theclaimsso certifiedfor payment. Any persondissatisfiedwith the refusalof thedirectorof financeand/ or theCityManagerto approveany claim, in wholeor in part, maypresentsuch claimto theCityCouncil. The CityCouncil, after examinationinto thematter, may approve or disapprovethe claimin wholeor in part, and, if properlypayable under an existingappropriation, may orderthe directorof financeto makepaymentof theclaimor portionthereofdraw -his warmsOR the tFeasuFyin paymenttheF8 '. For anysuchclaimfor whichno provision, by wayof appropriation, exists, but whichis approvedfor paymentby theCityCouncil, appropriationby theCityCouncil shall be madethereforbefore the directorof financeis orderedto makepaymentdraw his a.. o„ t FRPaya,epit thereof. Payment
due`" Warrantson theCitytreasurywhich are not paidfor lackof fundsshall be registered. All registeredpayments warrants shall be paidin theorderof theirregistrationwhen fundsthereforare available and shallbear interestfrom date of registrationat suchrate as shallbe fixedby theCityCouncilby resolution.

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ARTICLE X. - CIVIL SERVICE
Sec. 1000. - Civil service system.

A civilservicesystemshallbeasfollowsinadditionto necessaryrulesofimplementationto beestablishedby ordinance; andas maybe recommended by the personnel board:
a) That the most qualified and competent employees shall be appointed and promoted, based upon fair and equitable competition for the positions to ensure the highest quality City government b) That no political or other outside influences shall affect appointments or promotions. c) That there shall be equal opportunity for all persons regardless of membership in a protected class as specified in state or federal law.

Fel gion, reed, gym_.._. status, physsal hand Gap, 9F Rat onal origin. d) Thatthereisequitabletreatmentofall civilserviceemployeesin mattersofdiscipline, layoffordismissalfromtheCityservice.

The system should be established in such a manner to ensure the accomplishment of the foregoing standards in appointments, promotions, discipline, layoffs or dismissals of civil service employees.

Thecivilservicemissandregulationsshallprovidefor suchmattersasthe CityCouncilandthe personnelboard. withtheconcurrenceof theCityCouncil maydeemnecessary, properor expedientto carryoutthe intentandpurposeofthe civilserviceprovisionsofthischarter.

These rules and regulations shall provide:
a) Preference for veterans for appointment to civil service positions consistent with the principle of meat. b) Vacanciesin positionsof the higherclassesin the civil serviceof the Cityshall be filled with preferenceto employeesoccupying positionsof lowerclasseshavingdutiesand responsibilitieswhichcan reasonablybeconsideredas affordingtrainingandexperience for the performance of the duties of the higher class.
c) That persons achieving eligibility for a position in the civil service shall retain that eligible status for a time sufficient to offer an opportunity to be appointed to a position in the civil service. d) That the rightto exercisedisciplinaryand dismissalpowersis vestedrespectivelyin the officersof the Citywhohavethe powerof appointment as to any position in the personnel system. Actions relating to suspension, demotion or dismissal for reasonable and sufficientcausemaybetakenbytheofficerhavingthe powerof appointmentto the position.

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Sec. 1002. - Civil service and excepted service.

ThecivilservicesystemoftheCityshallcoverallemployeesoftheCitynotexceptedbythissection. a) The excepted service shall comprise the following offices and positions:
1) The individual offices held by all elective officers; 2) The City Manager and the City Managers Ns assistants, If any; 3) TheCityAttorneyandthe CityAttomev's his legalassistants, if any; 4) The Clerk of the Council;
The- diresteFaCGnancei
57) TheheadofeachdepartmentoftheCityasspecifiedbyordinanceorresolutionet .,'o,=... __ ^,^^^...__ _. _.., _. _. andof thehousingauthorityof theCityof Santa Ana, but not includingthe policechief or thefire chief, 69) One privatesecretaryto theCityManager, L9)
All membersof boardsand commissions; 3M)
Positionsoccupiedby personsemployedto renderprofessional, scientific, technical, or expertserviceof anoccasionaland exceptional nature; L9514)
Positionsin anyclassor gradecreatedfor a specialor temporarypurpose;, hich qyg; CA -
PG 1t5BGhadoptedWe thirds 2 3) of is gn; A y 103)
Part- time positionsor employments; "^`'"" - " "°B ;
113)
All positionsoccupiedby personsemployedto replaceemployeesordered to activeduty, enlisted, or draftedfor militaryserviceduring a nationalemergencyor whenthis countryhas declaredwar anduntilthe expirationof thetimewhensuchreplacedemployee could demandhis formerpositionof employmentunder federalor statestatutes. b) The civilserviceshall compriseall positionsnot specificallyincluded by thissectionin theexceptedservice. c) In theeventan officeror employeeof theCityholdinga positionin thecivilserviceis appointedto a positionin theexceptedservice and shouldsubsequentlybe removedtherefromwithin twelvemonthsof theemployee's appointmentto theexceptedservice, the employee shall revertto theemployee's hisformerpositionin thecivilservicewithoutloss of anyrightsor privilegesand uponthe same terms and conditionsas if theemployeehad remainedin saidpositioncontinuously.

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Sec. 1010. - Prohibitions.
a) Noofficeror employeeofthe Cityshallin anywayfavor ordiscriminateagainstanyemployeeof the Cityor anyapplicantfor employment with the City because of the employee' s his -..,e-e. he.,•-^^, ago; A91-•, •_ sex OFRations! org R. Membership in a protected class under state or federal law.
b) Noofficeror employeeofthe Cityshallengagein any politicalactivitiesin violationof Chapter9.5 of Division4 of Title t of the California GovernmentCode (commencingwithSection3201) asthesameexistsonthedateof adoptionofthissectionor asthesamemaybe thereafter amended, or in violation of any other provisions of applicable law. c) No officeror employeeofthe Cityand no candidatefor any Cityofficeshall, directlyor indirectly, solicitany assessment, subscription, or contribution, whether voluntary or involuntary, for any political candidate, for Santa Ana municipal office from anyone on an eligible list, or, withtheexceptionofelectiveofficersandmembersofappointiveboardsandcommissions, anyoneholdinga positionintheserviceofthe City.
d) Nopersonshallwillfullyorthroughculpablenegligencemakeanyfalsestatement, certificate, mark, rating, orreportinregardtoany application, testcertification, or appointmentheldormadeunderthe provisionsof thisarticleor in anymannercommitor attemptanyfraud preventing the impartial execution of such provisions of this article or of the rules and regulations made hereunder. a) No officer or employee shall use nepotism in contracting hiring Promotion discipline or any other employment decision The City Council shall adopt an anti - nepotism policy.

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Sec. 1011. -Contractfor performanceof administrativefunctions.

TheCityCouncil, uponrecommendationoftheCityManager, maycontractwiththegoverningbodyofanyotherCityorofanycountyWthinthisstate, orwithanystatedepartmentorotherstateagencyforthepreparingorconductingofcompetitiveexaminationsforpositionsin the serviceofthe Cityorforthe performanceof anyotherhumanresourcespersenae4administrationservice.

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Sec. 1014. — Resmed. Wepksteppages

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Sec. 1208. - Enforcement.
a) Anypersonwhoknowinglyorwillfullyviolatessections1206or 1207ofthis charter is guilty of a misdemeanor.
b) AnyresidentoftheCitymaybringanaction, atatimeduringanelectionperiodor thereafter, in a court of competentjurisdictionto enjoin actualor threatenedviolations of, or to compel compliance with, or to obtain a judicial declaration regarding compliance with, section 1206 or 1207.
c) TheCityAttorneymaymaintain, in thenameof theCity, or a residentofthe Citymaymaintain, inhisorherownname, acivilactionto recoverfromacandidateor a committeecontrolledbya candidateanycontributionsreceivedbysuch candidateor committeein excessof the contribution limitationsestablishedby section 1206. Any moneyrecoveredinanysuchactionshallbedepositedinthe City's generalfund. d) TheCitymaycontractwithaStateorCountyentitytoenforcetheprovisionsofthis section.

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Sec. 1400. - Employees' retirement system
a) Duly to provide retirement system. Except ashereinafter otherwise provided, the council shall provide, by ordinance or ordinances, for the creation, establishmentandmaintenanceof aretirementplanor plansfor allofficersandemployeesof theCity. Suchplanorplansneednotbedie samefor all officers and employees. Subject to other provisions of this article, the council may at any time, or from time to time, amendor otherwise change any retirement plan or plans or adopt or establisha new or different plan or plans for all or any officers or employees. b) Authorip= tojoin othersystems. Subjectto otherprovisionsof thisarticle, theCity, by andthroughits council, isherebyempowered, but not required, tojoin or continueasacontractingagencyin any retirementor pensionsystemor systemsexistingorhereaftercreatedunderthe lawsof theStateof CaliforniaoroftheUnitedStatesofAmericatowhichmunicipalitiesandmunicipalofficersoremployeesareeligibleformembership. a) Continuanceofexisringretirementsystem. Until otherwiseprovidedbyordinance, theCity shall continueto participatein thePublicEmployees' RetirementSystemof theStateofCalifornia, asthesamenowexistsormayhereafterbeamended. TheCityCouncilmaynotterminateanysuch contractwiththe PublicEmployees' RetirementSystemof theStateof California, andmaynot amendanysuchcontractin a mannerwhich would decreaseor eliminateanybenefitaccruingto personsemployedby the City at the timeof suchcontractterminationoramendment, unlesssuch amendmentshallsubstitutea retirementsystemorsystemsprovidingequalorgreaterbenefitsforsaidpersons. d) Exclusions. Thecouncilinitsdiscretionmayexcludealloranyofthefollowingpersonsfromanyor allretirementplans, towit Persons mentioned in subsections ( a)( 1), ( 5)-( 10) ( 4) of Charter Section 1002rr (x), ( 7), reh rm r m () and fir, Persons
in Cityserviceprimarilyfor training, study or educationalpurposes; Persons employedor paidon a part-time, per diem, per houror anybasisotherthan a monthlybasis.

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RESOLUTION NO. 2022- 056

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA CALLING FOR THE PLACEMENT ON THE
BALLOT OF A MEASURE FOR THE NOVEMBER 8, 2022

GENERAL MUNICIPAL ELECTION FOR THE SUBMISSION

TO THE QUALIFIED VOTERS OF AN ORDINANCE TO

RESTRUCTURE NON -CANNABIS BUSINESS LICENSE

TAX RATES AND PROVIDING FOR THE FILING OF

ARGUMENT AND REBUTTAL STATEMENTS
WHEREAS, as a chartercity, and subjectto voter approval, the City of SantaAna is authorized to levy business license taxes to raise revenue for municipal purposes, pursuant to Section 5 of Article XI of the California Constitution and Section 200 of the City Charter; and
WHEREAS, the City' s business license tax rate structure appears in Chapter 21 of the Santa Ana Municipal Code; and
WHEREAS, the City wishes to restructure non -cannabis business license tax rates within the Cityof SantaAna to improvetax equityamongall businesssizes, reflectcurrent best practices, recognize the impact of home -based businesses and the new "gig" economy, and to provide a flexible tax holidayperiodfor unlicensed, pastdue, or under - assessedbusinesses, with the intentto have a revenue -neutralfiscal impact to the City; and
WHEREAS, all taxes imposed by local government are deemed to be either general taxes or special taxes, pursuant to Section 2(a) of Article XIII C of the California Constitution; and
WHEREAS, businesslicensetaxes are a type of generaltaxes, which are defined as any tax imposed for general governmental purposes; and WHEREAS, Section 2(b) of Article XIII C of the California Constitution provides that a local agency cannot impose, extend, or increase any general tax unless and until that tax is submittedto the electorateand approvedby a majorityvote at an electionthat is consolidatedwith a regularlyscheduledgeneralelectionfor membersof the governing body of the local government, except in cases of emergencydeclared by a unanimous vote of the governing body; and
WHEREAS, the City Council has called and given notice of a general municipal election to be held in the City of Santa Ana on November 8, 2022 to elect certain municipal officers and requested that the Orange County Board of Supervisors consolidate the City's general municipal election with the statewide general election; and Resolution No. 2022- 056

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WHEREAS, pursuantto CaliforniaElectionsCodeSection9222, the CityCouncil hasauthorityto submitto votersa propositionfor the repeal, amendment, orenactment ofanyordinance, tobevoteduponatanysucceedingregularorspecialcityelection, and if thepropositionsubmittedreceivesa majorityofthevotescastonit attheelection, the ordinance shall be repealed, amended, or enacted accordingly; and WHEREAS, theCityhasdeterminedto submita proposedordinancetovotersat the November8, 2022 general municipalelection to restructurenon -cannabis business license tax rates.

NOW, THEREFORE, BE IT RESOLVEDby the City Council of the City of Santa Ana as follows:

Section 1. The above recitals are true and incorporated herein by reference.

Section 2. The following Ordinance shall be submitted to the voters for enactmentattheCityofSantaAna'sgeneralmunicipalelectionto beheldonNovember 8, 2022, with identification as determined in accordance with the California Elections Code:

Yes
Shall Chapter 21 of the Santa Ana Municipal Code be amended to restructure non -cannabis business license tax rates within the City of SantaAna to improvetax equityamong all businesssizes, reflect current best practices, recognize the impact of home - based No businessesandthe new "gig" economy, and to providea flexible tax holidayperiodforunlicensed, pastdue, or under -assessed businesses, with the intent to have a revenue -neutral fiscal impact to the City?
Section 3. The text of the Ordinance to be submitted to the voters is attached to this Resolution as Exhibit A and incorporated herein by this reference.

Section 4. If the propositionreceives a majority of the votes cast on it at the election, the Ordinance shall be enacted accordingly.

Section 5. Pursuant to California Elections Code Section 9280, the City Council herebydirectstheClerkoftheCounciltotransmita copyoftheOrdinancetotheCity Attorney, whoshallprepareanimpartialanalysisofthemeasure, whichshallnotexceed 500 words in length.

Resolution No. 2022- 056

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Section 6. Pursuantto CaliforniaElectionsCodeSection9282, the CityCouncil, or a member or members of the City Council authorized by that body, or an individual voter who is eligible to vote on the measure, or bona fide association of citizens, or a combinationofvotersandassociations, mayfileawrittenargumentfororagainstanycity measure, which shall not exceed 300 words in length.

Section 7. Pursuant to California Elections Code Section 9287, if more than one argument for or more than one argument against the Ordinance is submitted to the Clerk of the Council within the time prescribed by law, the Clerk shall select one of the arguments in favor and one of the arguments against the Ordinance for printing and distribution to the voters, giving preference and priority, in the order named, to the arguments of the following:
a) The City Council, or memberor membersof the CityCouncil authorized by that body.
b) The individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure.
c) Bona fide associations of citizens.
d) Individual voters who are eligible to vote on the measure.

Section 8. In accordance with California Elections Code Section 9285, when an argument in favor and an argument against the Ordinance have been selected to be printedin the voter informationguide, the Clerkshallsend a copyof the argumentin favor of themeasureto theauthorsof theargumentagainstthemeasureanda copyof an argument against the measure to the authors of the argument in favor of the measure.

The author or a majorityof the authors may prepareand submit a rebuttalargument not exceeding250 words. Rebuttalarguments shall be printed in the same manner as the direct arguments and shall immediately follow the direct argument which it seeks to rebut.

This Section shall only apply to the election on the Ordinance to be held on November 8, 2022.

Section 9. Inaccordancewith CaliforniaElectionsCodeSection10002, the City CouncilrequeststheOrangeCountyBoardofSupervisorsto permitthecountyelections official to render specified servicesto the City relating to the conduct of an election, for which the City shall reimburse the County in full for the services performed upon presentationof a bill to the City. The Board of Supervisorsis also requestedto consent and agreeto the consolidationof the City's generalelectionwith any otherelection occurringon November8, 2022, andthe City herebyconsentsto anysuch consolidation.

Section 10. The servicesrequestedby the Cityof the countyelectionsofficial, or such other official as may be appropriate and authorized to perform, include: the preparation, printing, and mailing of sample ballots and polling place cards; the establishmentorappointmentofprecincts, pollingplaces, andelectionsofficers; opening andclosingof pollingplaces, andmakingsuchpublicationsasarerequiredby lawin Resolution No. 2022- 056

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connection therewith; the furnishing of ballots, voting booths, and other necessary suppliesormaterialsforpollingplaces; thecanvassingofthereturnsoftheelectionand thefurnishingof the resultsof suchcanvassingto the Clerkof the Council; andthe performanceofsuchotherelectionservicesasmayberequestedbytheCity.

Section 11. AllpersonsqualifiedtovoteatmunicipalelectionsintheCityonthe dayof electionhereinprovidedshallbequalifiedto voteon theOrdinancehereby submitted at the general municipal election.

Section 12. Inall particularsnotrecitedintheResolution, theelectionshallbe heldandconductedasprovidedbylawforholdinggeneralmunicipalelectionsintheCity.

Section 13. Noticeof the time andplaceof holdingthe general municipalelection isgiven, andtheClerkoftheCouncilisauthorized, instructed, anddirectedtogivefurther or additionalnotice of the election in the time, form, and manner as requiredby law.

Section 14. The Clerk of the Council shall receivethe canvassas it pertainsto thegeneralmunicipalelectionandshallcertifytheresultstotheCityCouncil, asrequired by law.

Section 15. Pursuant to California Elections Code Section 9295, this Resolution andthe attachedOrdinancewill be availablefor publicexaminationfor no fewerthan ten 10) calendar days prior to being submitted for printing in the sample ballot. The examinationperiodwillendonthedaythatisseventy-five (75) dayspriortothedateset for the election.

Section 16. Ifanysection, subsection, sentence, clause, phraseor provisionof this Resolutionorthe applicationthereofto anypersonor circumstancesis heldinvalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionalityshallnotaffectthevalidityof anyotherprovisionorapplications, and tothisendtheprovisionsofthisResolutionaredeclaredtobeseverable. TheCityCouncil herebydeclaresthatitwouldhavepassedthisResolutionandeachsection, subsection, sentence, clause, phraseorprovisionthereof, irrespectiveofthefactthatanyoneormore sections, subsections, sentences, clauses, phrasesor provisionsthereofbe declared invalid or unconstitutional.

Section 17. This Resolutionshall take effect immediatelyupon its adoptionby a majorityof the City Council.

Section 18. The Clerk of Councilis hereby directed to certify to the passageand adoptionofthisResolutionandtofilea certifiedcopyofthis ResolutionwiththeOrange CountyBoardofSupervisorsandtheRegistrarofVotersofOrangeCountyatleasteighty- eight ( 88) days before the date of the election.

ADOPTED this 21stday of June, 2022.

Resolution No. 2022- 056

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APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By: hl. Yv
Jo M. Funk
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
Vicente Sarmiento
Mayor
Hernandez, Lopez, Mendoza, Penaloza,
Phan, Bacerra, Sarmiento ( 7)
None ( 0)
None ( 0)
NOT PRESENT: Councilmembers None ( 0)

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached ResolutionNo. 2022 -056 to be the original resolutionadoptedby the City Councilof the City of Santa Ana on June 21, 2022. ,
Date: ( / 1:1+ O%Z vC. l
Daisy Gomez
Clerk of the Council
City of Santa Ana
Resolution No. 2022- 056

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EXHIBIT A
ORDINANCE NO. INS

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA AMENDING ARTICLES IV, IX, AND X OF
CHAPTER21 OF THE SANTA ANA MUNICIPALCODE TO

RESTRUCTURE NON -CANNABIS BUSINESS LICENSE
TAX RATES AND ADDING ARTICLE XIV TO CHAPTER 21

OF THE SANTA ANA MUNICIPAL CODE TO PROVIDE A

FLEXIBLE TAX HOLIDAY FOR UNLICENSED, PAST DUE,

OR UNDERASSESED BUSINESSES
The Peopleof the City of SantaAna do ordainas follows:

Section 1. Asachartercity, andsubjecttovoterapproval, theCityofSantaAna is authorizedto levy businesslicensetaxes to raiserevenuefor municipalpurposes, pursuanttoSection5ofArticleXIoftheCaliforniaConstitution, Section200oftheCity Charter, and Section2(b) of ArticleXIII C of the CaliforniaConstitution.

Section 2. By this Ordinancesubmittedfor voterapproval, the Citywishesto restructure non -cannabis business license tax rates within the City of Santa Ana to improvetaxequityamongallbusinesssizes, reflectcurrentbestpractices, recognizethe impactof home -basedbusinessesandthenew "gig" economy, andto providea flexible taxholidayperiodforunlicensed, pastdue, orunder -assessedbusinesses, withtheintent to have a revenue -neutral fiscal impact to the City.

Section 3. Article IV (Exemptions) of Chapter 21 of the Santa Ana Municipal Code (Licenses), Sections21-48 and 21-49, is herebyamendedto readas follows:

Sec. 21- 48. - Business licensing — Specified exemptions. a) A business license shall not be required for the conducting of any entertainment, concert, exhibition or lecture on scientific, historical, literary, religious or moral subjects wheneverthe receiptsof any such activity are to be appropriatedto any churchor schoolor to any religiousor benevolentpurposewithin the city. b) A businesslicenseshallnot be requiredfor any person undereighteen (18) years of age, who is a c_ residentof the city, and who is enrolled in an institutionof secondaryeducation; provided, however, suchpersonhas no employeeor employees working for him or her.

Resolution No. 2022- 056

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c)
A businesslicenseshall not be requiredfor any attorneywhose only businessdone in the city is in the courts operatedin this city, nor for any doctor whose only business done in the city is surgery and/or consultationin a regularlyestablished hospital in the city; provided, however, that the maintenance of an office facility, or establishment within the city used in connection with any attorney' s appearance in anv court within the city, or any doctor' s surgery or consultation performed at any hospital within the city shall not be hereby exempted from the city's business licensing requirements.
d) A business license shall not be required for any other licensed person providingprofessionalservicesnot havinga fixedplaceof businesswithinthe cityand not engaged in other than the occasional furnishing of professional services wholly negotiated and contracted for outside the city.
e) A businesslicense shall not be requiredfor any businessdone in the city wherethe businessconductedis onlyoccasionalandincidentalto a regularlyestablished business conducted elsewhere.
f) A businesslicenseshall not be requiredfor any commercialtravelerwhose business is limited to goods, wares, and merchandise sold or dealt in at wholesale in this state, or for any salesman or agents representingvendors which have, do, or would normally supply goods for resale to licensees of the city. q) A business license shall not be required for any individual whose business is limited to providing in -home childcare to immediate or extended familv members The phrase " immediate or extended family members" shall mean such individual' s direct children, children by adoption, children by marriage grandchildren ( direct by adoption or by marriage) nieces or nephews (direct by adoption or by marriage) and any foster children or other minor under eighteen ( 18) years of age living as part of the same residential household.

Sec. 21-49. - Business licensing — Specified exclusions.

Except as may be otherwise specifically provided in this Chapter, the terms hereof shall not be deemedto apply or construedto requirethe paymentof a licensetax by any of the following persons:
12) Banks, including national banking associations, federal credit unions, and financialcorporations, to the extentthat a city may not levy a licensetax upon them under the provisions of Article XI I, Section 27 of the State Constitution.

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LS) Insurancecompaniesor associationsengaged in the sale and servicingof insuranceand their direct agents, includingbailbondagents and life agents, but not includingbrokersorbailbondbrokersorlifeanddisabilityinsuranceanalystsorinsurance solicitorsto the extentthat a city may not levy a licensetax uponthem underthe provisionsofArticleXIII, Section28oftheStateConstitution. 34) Anygovernmentalagencyorsubdivisionandtheemployeesthereof, tothe extenttheyareengagedinthebusinessofsuchgovernmentalagenciesorsubdivisions.

L6) Any state alcoholic beverage licensee engaged in the manufacture, sale, purchase, possession, ortransportationof alcoholicbeverageswithinthestatetothe extentthata citymaynotlevya licensetaxuponthemunderprovisionsofArticleXX, Section 22 of the State Constitution.

Section 4. Article IX (Miscellaneous) of Chapter 21 of the Santa Ana Municipal Code (Licenses), Section21-113, is hereby amendedto read as follows:

Sec. 21- 113. - Telephone services.

Everypersonengagedinthebusinessof providingtelephoneservicesshallpayan annual businessfee accordingto Section 21-119(2) of this Chapter. For thepurpose G`- thisseGtiOR, "gFOSSreGempts" shallhavethesamemeaningasinSeGtien243, exGeptthat onlythosereceiptsderivedfFoFnprovidingteleph9ne ;ervipel; withintheGityshallbe n6luded, and fuFtheFe)(Geptingthat only FeGeiptGFesultiRgftem intrastate telephone RPRO Gel; Shall h 1 J J
Section 6. Article X ( Rates and Schedules) of Chapter 21 of the Santa Ana MunicipalCode, Sections21-116through 21-121, is hereby amendedto read as follows:

ARTICLE X. - RATES AND SCHEDULES
Sec. 21- 116. - Applicability of article.

ThetaxforanylicenserequiredbyanySectionofthisChaptershallbesetforthin thisarticlefortheparticularbusinessinvolved. Thetaxandthedurationofthe license shallbeannual, quarterly, monthly, anddailyasindicatedinthisarticle. Theletter "A" followingthetaxshallindicateanannualrate; theletter "Q" shallindicateaquarterlyrate; the letter "M" shall indicate a monthly rate; the letter "D" shall indicate a daily rate. No letterfollowingthetaxshallindicateavariabledurationasdeterminedinconnectionwith otherapplicableprovisionssetforthelsewhereintheSantaAnaMunicipalCode. Inplace of a tax, the letter "C" shalldenotea specifiedcharge. The applicabilityof the chargeshall bedeterminedbytheBusinessLicenseTaxCodeprovisionestablishingit. Intheplace of either a tax or charge the letter "T" shall denote a specified qualifying threshold amount Theapplicabilityof thequalifyingthresholdamountshallbedeterminedbythe Business License Tax Code provision establishing it.

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Sec. 21- 117. - New business license tax.
a) A license tax for a new business shall be paid in advance or a deposit taken in lieuthereof prior to any new businessactivitybeing undertaken. b) All new businessesfor whom flat fees are made the basis for fixing the amountof such license shall pay in advance an amount equalto one -quarter (Y<) of the annualfeethereforforeachquarterandfractionofa quarterremainingduringtheperiod for which the new license is issued, except as otherwise specified hereinafter. c) All new businesses for whom the gross receipts of such business are made the basisfor fixing the amount of such licenseshall paytheir annualfee basedon actual grossreceiptsreceivedduringthe periodfor whichthe new licenseis issued. Forany business which is commenced subsequent to April first, the renewal fee shall be based upon an annualizationof the actual gross receiptsreceived duringthe periodfor which the new license is issued. In the event an applicant fails to submit a report of the actual gross receipts received pursuant to Section 21- 77, the fee shall be based on the collector's estimate of the actual gross receipts received pursuant to Section 21-79. In lieu of payment in advance, each applicant shall post a deposit in the amount hereinafter indicated.
1) All new businesses beginning business on or after April first of the current year but beforeApril first of the followingyear shall post a deposit of two hundreddollars 200. 00).
2) All new businesses beginning business on or after March first of the current year but before April first of current year shall post a deposit equivalent to one and one - twelfth (1 1/12 ) of the requireddepositfor all new businessesbeginningApril first.

Where an applicant' s fee is determined to be in excess of the amount of the specifieddeposit, said deficiencyshall be addedwithout interestor penaltyto the amount of the applicant' s renewal fee as calculated pursuant to Sections 21-77 or 21-79. Where an applicant ceases to transact and carry on the business licensed on or before the expiration of the period for which the new license is issued, and where the applicant' s fee is determined to be in excess of the amount of the specified deposit, the applicant shall remain liable for said deficiency which shall be deemed due and collectible at the same time and in the same manner as all other annual gross receiptsfees due and payable upon renewal.

Where an applicant' s fee is determined to be less than the amount of the specified deposit, said surplus shall be applied without interest as a credit against the amount of the applicant' s renewal fee as calculated pursuant to Sections 21-77 or 21-79. Where an applicant ceases to transact and carry on the business licensed on or before the expiration of the period for which the new license is issued, and where the applicant' s fee is determinedto be lessthanthe amountof the specifieddeposit, saidsurplusmaybe Resolution No. 2022- 056

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requestedbyapplicantasa refund; provided, however, thatsuchrequestmustbemade in writingandmustbemadewithinone (1) yearof theexpirationof theinitiallicense period.
d) Notwithstandingsubsection (b) above, unless an adjustmentor exemption isobtainedpursuanttothisChapter, theminimumtaxpursuanttothissectionshallbe in the amount as specified in Section 21- 120n.

Sec. 21- 118. - Same; nonresident businesses.
a) All new businesses locatedelsewhere, excluding businesses engaged in thebusinessof pushcartvendingor inerecting, maintainingandsellingof advertising spaceon off -premisescommercialadvertisingsignsin the city or engagedin the operation of coin -operated machines or devices, or engaged otherwise in vending operations, buttransactingandcarryingon businessin thecity, andfor whomflat rates or variableflat ratesaremadethebasisforfixingtheamountof suchlicense, shallhave theoptionofpayingtheflatrateorvariableflatrateamountorbasingtheamountoftheir taxupontheirattributablegrossreceiptsinaccordancewithSection21-119(1), towhich no basictax rate amountshall be added, but for which a two -hundred -dollar -annual deposit shall be requiredto offset any tax due should applicant cease operation before the expirationof the licenseterm. Providedfurther that all such businesseswho so elect shallpayinadvanceanamountthereforassetforthin Section21-117, subsection (c) above. Said deposit to be applied as a credit or to be taken as a refund in the same manner as is set forth in Section 21- 117, subsection ( c). b) All new businesses located elsewhere, but transacting and carrying on businessinthecityforwhomgrossreceiptsaremadethebasisforfixingtheamountof such license, shall base their tax upon attributablegross receipts in a mannersimilar to thatofallothersimilarlyclassifiedbusinessesforwhomgrossreceiptsaremadethebasis forfixingtheamountoftheirlicense, towhichnobasictaxrateamountshallbeadded.

Providedfurtherthat all such businessesshall pay in advancean amounttherefor as set forthinSection21-117, subsection (c) above. Saiddepositto beappliedasa credit, orto be takenas a refundin the samemanneras is set forth in Section21-117, subsection (c). c) Unless an adjustment of exemption is obtained pursuant to this Chapter, the minimum tax pursuant to this section shall be teR d011aFS($ 10 nm Pee YeaF in the amount as specified in Section 21- 120n.

Sec. 21- 119. - Gross receipts tax rates.

Gross receipts tax rates for the different classifications are as follows:
1) Classification " A" — All businesses for which no tax is specified elsewhere in thisarticle, including, butnotlimitedto: retailbusinessesandsalesat retail, services includingrealestatebrokers, realestatedevelopers, insurancebrokers, lifeanddisability insuranceanalysts, stock and bond brokers, commissionagents, brokers or merchants, Resolution No. 2022- 056

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building and leaps professional services, ambulance services and recreational services), hotels, motels, theaters, and food establishments:

For each separate place of business licensed, a basic rate of $60.00, subject to adjustmentfor inflation/deflation in accordancewith section21-120 plus:

0.W0 . 65 per $ 1,000. 00 .....
2) Classification " B"— Manufacturing, processing, wholesale businesses and sales at wholesale, sales of gasoline and motor fuels, aad- telephone services, and public utility services:

For each separate place of business licensed, a basic rate of $ 60. 00, subject to adjustmentfor inflation/deflation in accordancewith section21-120 plus:
0-.300. 50 per $ 1,000. 00 ...
3) Classification " C"— Rental of commercial real estate:

For the first property location licensed, a basic rate of $60.00, subiect to adjustmentfor inflation/deflationin accordancewith section21-120 plus:
9- 500. 65 per $ 1,000. 00 to ...

For each additional property location licensed, a basic rate of $10.00, subject to adjustmentfor inflation/deflation in accordancewith section21-120 plus:
0- 500. 65 per $ 1,000. 00 to ...

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4) Classification e based.
for each separateplaceof businesslicensed, a basic rate of $440,80 15.00, subject to adjustment for inflation/deflation in accordance with section 21- 120, plus:

M!"!
Sec. 21- 119. 1 - Maximum Tax.

The maximumannual businesslicensetax payablefor any single businesslicense required to be obtained pursuant to the Chapter shall not exceed $100,000.00, which amount togetherwith the basic rate amounts establishedunder Section 21-119shall be subject to annual adjustment in accordance with Section 21- 120.

Sec. 21-119.4-2. - Holding companiesand pass -throughentities —tie Minimum Tax amount- G-niy.

Whenever a business entity or other person functions as a holding company or pass - throughentityanddoesnotdirectlygenerategrossreceiptswithinthecity, butotherwise transactsand carrieson businesswithin the city, or maintainsa businesspresencein the city, or is registeredasa businessentitywiththeCaliforniaSecretaryofStatepursuant to the California Corporations Code as the same now exists or as may be hereafter amended from time -to -time with a designated or registered business entity address locatedin the city, then the businesslicensetax liabilityof such businessentityor person under Section 21-119 shall be limitedto the app"Gableba6iGFateminimumtax amount OPAY.

Sec. 21- 119. 23. - Home -based businesses — Alternate tax. a) Persons liable under the terms of this Chapter for gross receipts business licensetaxes for business conductedfrom a home residencewithin the city and whose gross receipts therefrom do not exceed the annual amount specified in Section 21- 120h(1)(a) per year shall havethe rightto elect an alternateflat rate businesslicensetax as set forth in Section 21-120h of this Chapter for home based businessesand home basedoccupations, in lieu of the grossreceiptstax which would otherwisebe applicable.

Such election shall be made in writing at the time of applicant's original applicationfor a Resolution No. 2022- 056

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business license or may be made once annually thereafter at the time of licensee's application for a renewal license.
b) Home based businesses and home occupations eligible for election of an alternate flat rate tax assessment shall be deemed to be those businesses or occupations conducted from a home residence in the city whose business or occupational use of said residentialpremisesmeetsthe requirementsfor a homeoccupationpermitas set forth in Sections41-193.1 through 41-607 of this code as the same nowexist or as they may be hereafter amended from time - to -time.

Sec. 21- 119. 43. - Election of an alternate tax assessment basis — Effect.

In every case where a licensee exercises a right under this Chapter to elect an alternate tax assessment basis the effect of said election shall be as follows:
a) In the event an existing licensee elects to convert their annual license assessmentto an alternatetax assessmentbasiswith an annual term beginningone (1) or more calendar quarters before the commencement of their pre-existing tax assessment basis and ending one (1) or more calendar quarters after the conclusion of their pre- existing tax assessment basis, then their initial alternate tax assessment shall be subject to a quarterlyprorationto accountfor the reducednumberof calendarquartersremaining in the term of the newly elected tax assessment.
b) In the event an existing licensee elects to convert their annual license assessmentto an alternatetax assessmentbasiswith an annual term beginningone (1) or more calendar quarters after the commencement of their pre-existing tax assessment basis and ending one (1) or more calendar quarters after the conclusion of their pre- existing tax assessment basis, then their pre-existing tax assessment shall be retroactively increased prorata by the number of quarters necessary to account for the quarterly periods remaining between the conclusion of their pre-existing licensing term andthe commencementof their alternatetax assessmentlicensingterm.

Sec. 21- 120. - Flat rate and variable flat rate tax schedules: adjustment for inflation/ deflation.
a) Flat rate and variable flat rate taxes are as set forth in Section 21- 120a through 21- 120w- z of this article.
b) Each tax, including each of its components and any specified deposit amount required in lieu thereof, together with any other charges which are imposed pursuant to this chapter, but excluding the individual gross receipts tax rates set forth in section 21- 119, shall be automatically adjusted on November 1 2023 and on November 1 of each year thereafter, upward or downward equivalent to the most recent change in the annual average of the consumer price index ( All Urban Consumers 1982- 84 = 100) as published by the United States Department of Labor for the Los Angeles - Long Beach Anaheim metropolitan area as the same now exists or as shall be from time to time amended by the United States Department of Labor.

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c) For purposes of calculating the annual inflator/deflator factor under this section the base year shall be that year ending with the quarter ending June 30 2022.

Rates ( tax rates basic rate amounts charges specified deposit amounts qualifying threshold amounts maximumtax cap amounts) shall first be adiusted on November1, 2023 and thereafter, based on the annually calculated change from the base year through to September 30 of each successiveyear. Said change shall be roundedoff to the nearest whole dollar as follows: If the remaining fraction of a dollar is forty- nine one - hundredthsof a dollar or less such fraction shall be omitted. If the remainingfraction of a percentis fifty one -hundredthsof a dollaror more the next highestdollarshall be applied.

Sec. 21- 120a. - Advertising services;,,;; .. pa , amusement services. 1) ADVERTISING SERVICE:

Distributing samples or posting • •• 00250. 11 '
AMUSEMENT SERVICES:
a) Amusement center ( a location where mechanical devices or animals are maintainedfor furnishing rides or entertainment and which may also include vending stands):
iii) More than 10 days9thef:

Base rate................................................................ 1250: 00500. 00 M Plus, for each ride or vending stand in excess of 10 ...... 26 0060. 00 Q b) Sporting exhibitions............................................................. 50 00100. 00 D c) Carnival, circuses, concerts, tent shows and open air shows seating not more than 4,000 persons:

Firstday..................................................................... 100. 00200. 00 D Each additional day..................................................... 50 00100. 00 D Resolution No. 2022- 056

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d) Carnival, circuses, concerts, tent shows and open air shows seating more than 4,000 persons:

First day....................................................................... 250 00500. 00 D Each additional
day..................................................... 159. 00300. 00 D Sec. 21- 120b. - "
R^
t"" GIOSiRg-o t," " fore" or "w* esk" saes; bBuilding
tradesmen-, bus, limousine and taxi companies.
1\) " BAN11RUPT"" GL SING nlIT ... ,. FIRE"( lz—DR' 1ter/RECK " S; 1_F=S prior to the sale if the sale E)RduGte J on the plane of b6isineSS GGVered by the license, and if the ,; RIF, li m itpel to mh.. ndiso then on hand said nla Ge 0 h c
and lasts no ! GRgeF than thirty ( 30) days; provided Such peFsen SE) nertifies to the GE)II^^ tor ^ r to o el; sale. there shall hen additional fee Othov, se....... ........ .................................................................................. conn nnnn 12) BUILDING TRADESMEN, per individual............................................$ 35. 00 A 29) 999, Ie IMO IclNE TAXI COMPANY:
a. BUS, LIMOUSINE, PeFvehiele.............................................................. nn A
I TAXI rnnnoA my per vehicle ...................................................... 35. 00 A Sec. 21- 120c. - Catering trucks, change in location amendment charge, change in name amendment charge, christmas tree and pumpkin lots, contractors. 1) CATERING TRUCKS, per vehicle ......................... .................. $ 109 00250. 00 A 2) CHANGE IN LOCATION AMENDMENT CHARGE, per license... 40. 0015. 00 C 3) CHANGE IN NAME AMENDMENT CHARGE, per license........... TO 0015. 00 C 4) CHRISTMAS TREE LOTS, per lot.............................................. 100 008. 00 DM 5) PUMPKIN PATCH LOTS, per lot................................................ 100. 008. 00 DM 6) CONTRACTOR — GENERAL CONTRACTOR,
prorated quarterly per contractor................................................ 120. 00300. 00 A 7) CONTRACTOR — SPECIALTY and SUBCONTRACTOR,
prorated quarterly per contractor ................................................ 11- 0. 00275. 00 A Sec. 21- 120d. - Dances, daRGe halls, day nurser es, duplicate license change. 1) DANCE HALL, PUBLIC .................. ............. ......... ................. .............$ 2Q0.^ 0Q A.

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SZF_

3.1) DANCE, PUBLIC, per dance................................................................... 25-. 0035. 00 D
52) DUPLICATE LICENSE CHARGE, per license..................................... 10. 00 C Sec. 21- 120f. - Firework stand.

FIREWORK STAND, per stand.-A$400:00250. 00
Sec. 21- 120g. - Gardeners or lawn maintenance workers.

GARDENERS OR LAWN MAINTENANCE WORKER, per individual......_ $ 35. 00 AAl
Sec. 21- 120h. - Home - based businesses, home occupations, hobby - gratuitous license charge.
1) HOME - BASED BUSINESS/ HOME OCCUPATION .....................$ 4- 025. 00A a. QUALIFYING THRESHOLD AMOUNT per licensee .............$ 50, 000. 00 T 2) HOBBY — GRATUITOUS LICENSE CHARGE, per license ..................... 10. 00 C Sec. 21- 120i. - Independent contractors, ice cream trucks, itinerant merchants, insurance solicitors, initial period application processing charge. 1) INDEPENDENT CONTRACTOR, per individual..................................$ 35. 00 A 2) INITIAL PERIOD APPLICATION PROCESSING CHARGE
Per license application........................................................................... 15. 00 C 3) ITINERANT MERCHANT.........................................................$ 400. 00250. 00 Q 4) INSURANCE SOLICITOR, per solicitor................................................. 35. 00 A 5) ICE CREAM TRUCKS..............................................................$ 180-: 00250. 00 A Sec. 21-120j. - Janitorialand buildingmaintenanceservices, junk collection. 1) JANITORS AND BUILDING MAINTENANCE WORKERS,
Perindividual.....................................................................................$ 35. 00 A 2) JUNK COLLECTION, per vehicle...........................................) 100 09250. 00 A Resolution No. 2022- 056

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Sec. 21- 120m. - Minimum gross receipts — qualifying threshold amount / gratuitous license charge.

MINIMUM GROSS RECEPTS — QUALIFYING THRESHOLD AMOUNT /

GRATUITOUS LICENSE CHARGE
a) QUALIFYING THRESHOLD AMOUNT per licensee $ 5 000. 00 AT b) GRATUITOUS LICENSE CHARGE, per license.............................. 10. 00 C Sec. 21- 120n — New Business — minimum tax.

NEW BUSINESS — MINIMUM TAX
Perlicense................................................................................................$ 10. 00 A Sec. 21- 120o. - Off -premises commercial advertising signs.

OFF - PREMISE COMMERCIAL ADVERTISING SIGNS:
1) Sign faces with gross dimensions equal to or less than three hundred ( 300) square feet, per sign face ..................................................... $ 75 00190. 00 A 2) Sign faces with gross dimensions in excess of three hundred ( 300) square feet, per sign face...................................................$ 100. 00250. 00 A Sec. 21- 120p. P^ wT Ppeddlers, and fGfe ^'^^^' ^^ a , pushcarts. 1) PAWNBROKER.........................................$40000 o 12) PEDDLER, per peddleras principal ...................... $100. 0 250.00 A or 10. 00 D 23) PEDDLER, per peddleras independentcontractor.............................35. 00 A 34) PRINCIPAL'S PEDDLER'S LICENSE....................................$200- 00400.00 A per eachpersonengagedin peddlingin thecity.................................35. 00 A 4a) Reserved. PRQFESS10Ni eF=ovirF=c, 5&)
PUSHCARTS, per pushcart .......................................... ........... :200 00500.00 A Sec. 21- 120r. - Real estateagents, renewal applicationprocessing charge, rental of residential real estate: residentialproperty rental; residentialapartment rental; roominghouse rental; residentialmobile home propertyrental; revalidationapplication processing charge. Resolution
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1) REAL ESTATE AGENT, per agent....................................................$ 35. 00 A 2) RENEWAL APPLICATION PROCESSING CHARGE
Per license renewal application........................................................... 15. 00 C 3) RESIDENTIAL PROPERTY RENTAL UNIT................................. 250063. 00 A Plus per each property rental unit .................................................. 5 0013. 00 A 4) RESIDENTIAL APARTMENT RENTAL ................... ..................... 2fi 0063. 00 A Plus per each apartment rental unit ............. .................... .............. 5: 0013. 00 A 5) ROOMING HOUSE RENTAL....................................................... 25 0063. 00 A Plus per each room rental unit........................................................ 5-.9913. 00 A 6) RESIDENTIAL MOBILE HOME PROPERTY RENTAL ................ 25 0063. 00 A Plus per each rental unit space...................................................... 5 0013. 00 A 7) REVALIDATION APPLICATION PROCESSING CHARGE
Per license revalidation application...................................................... 10. 00 C Sec. 21-120s. - Sealingof nonidentifiedor unlicensed machines; shaFpening se^ o;GeG; shoeshine stands, solicitors, swap meet exhibitor. 1) SEALING OF NONIDENTIFIED OR UNLICENSED MACHINES
Permachine ..................................... .................................................... 10. 00 C 23) SHOESHINE STAND, fir . .............. 15 0035. 00 A 34) SOLICITOR, per solicitor as principal........................................ 100 00250. 00 A 445) SOLICITOR, per solicitor as independent contractor............................ 35. 00 A 5&) PRINCIPAL' S SOLICITOR' S LICENSE..................................... 200 00400. 00 A Per each person engaged in soliciting in the city.................................. 35. 00 A 6$) SWAP MEET EXHIBITOR, per participating exhibitor. ....................... 47903. 00 D Sec. 21-120t. - Theatricalperformance; tow trucks, trucking and generaldelivery. 1) THEATRICAL PERFORMANCE .............................................. $- 50: 120. 00 D 2) TRUCKING AND GENERAL DELIVERY, per vehicle ................ 5& 80120. 00 A 3) TOW TRUCKS, per vehicle....................................................... 50 00120. 00 A Resolution No. 2022- 056

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Sec. 21- 120v. - Vending and coin -operated machines.

COIN - OPERATED MACHINES OR DEVICES:
1) Per $ 04- 90. 25 device and over........................................................... $ 20 nn n a) First Machine..............................................................................$ 25. 00 A b) Per additional device... ......... 13. 00 A
2) Der $ 0 05 deyiG and uRde.

Sec. 21- 120w. - Warehouses, a! GhFnenand pFivate ^
I
1) WAREHOUSE..........................................................................$ 44X]IW250. 00A FRXMti. Liti.. ...

BF. sw. cnnsr.. r_e:ss.

Section 6. Article XIV (Tax Holiday) is hereby added to Chapter 21 of the Santa Ana Municipal Code (Licenses) to read in its entirety as follows.

ARTICLE XIV. - TAX HOLIDAY
Sec. 21- 143. - Development and Administration of the Tax Holiday Program.

The City Manager and his or her designee shall develop and administer a Tax Holiday program as authorized and provided in this article.

Sec. 21- 144. - Duration and Application of Program.

The Tax Holiday program shall be conducted for the period of twelve 02) months as specified hereinafter.
a) All annual license renewals based upon a flat rate shall be for the twelve- month period beginning January first of the current year and shall expire on the thirty- first day of December of the current year.
b) All annual license renewals based upon a variable flat rate shall be for the twelve- month period beginning July first of the current year and shall expire on the thirtieth day of June of the following year.

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c) All annual license renewals based upon gross receipts shall be for the twelve-month period beginning on April first of the current year and shall expire on the thirty- first day of March of the following year.
d) All quarterly licenses shall be for the period of three ( 3) months beginning on the first day of January and ending on the thirty-first day of March; on the first day of April and ending on the thirtieth day of June; on the first day of July and ending on the thirtieth day of September on the first day of Octoberandending on the thirty-first day of December.

Sec 21 145 Elements of program; requisites for compliance with program a) The provisions of this article shall apply to any persons who are required to obtain a business license and pay a business license tax under Chapter 21 of the Santa Ana Municipal Code and who files a business license application and complies with the following program requisites:

Ski
M For any persons with unlicensed businesses who pay in full all business licensetaxes for the currenttax yearwithin a ninety (90) day periodshallthen beexcused from all backtax liability includingpenaltiesand interest as describedin Section21-15.

For any persons with licensed businesses that are in arrears for business license taxes or under -assessed as a result of improperly underreporting business license tax liabilities and wish to cure an arrears or underreporting may do so. However, the principalamountof the arrearsoutstandingor the principalamountof the under- assessment must be paid in full in order to qualify for a penalty and interest Tax Holiday. b) For any business license taxes subject to a Tax Holiday under this program, the City Manager and his or her designee may enter into an installment payment agreement in lieu of the complete payment required under subdivision 2 of subsection a) of this section Failure of a person paving a business license tax to fully comply with the terms of the installment payment agreement shall render the waiver of any penalties and interest applicable thereto null and void unless the City Manager and his or her designee determines that the failure was due to reasonable cause and the person substantially complied with the terms of the installment agreement. An installment agreement under this article shall have a minimum term of six (6) months, by which date all arrearsbusinesslicensetaxes fees and costs must be fully paid. The City Manager and his or her designee may use their discretion to alter any existing installment agreement to reflect the intent of the Tax Holiday.

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Section 21- 146. - Implementation of article.

The City Manager and his or her designee shall adequately publicize the Tax Holiday program, issue forms and instructions, and take all other necessary actions needed to implement this article. The City Manager and his or her designee shall have the discretion to create the application for the Tax Holiday program The Finance and Management Services Agency shall have the discretion to determine whether a taxpayer has substantially complied with the requirements of the Tax Holiday program Section 7. Pursuant to Section 2( b) of Article XII I C of the California Constitution and California Elections Code Section 9217, if a majority of the voters voting in the election on this ordinance vote in its favor, the ordinance shall become a valid and binding ordinance of the City of Santa Ana. The ordinance shall be considered as adopted upon the date that the vote is declared by the City Council, and shall go into effect ten (10) days after that date.

Section B. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalidor unconstitutionalby the decision of any court of competentjurisdiction, suchdecisionshall not affect the validityof the remaining portionsof this ordinance. The Peopleof the City of SantaAna herebydeclarethat they 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 9. Following certification by the Clerk of Council that the citizens of Santa Ana have approved this ordinance, the Mayor shall sign this ordinance and the Clerk shall cause the same to be entered in the book of original ordinances and shall cause the same, or a summary thereof, to be published as required by law.

PASSED, APPROVED, and ADOPTED by the People of the City of Santa Ana this 8th day of November, 2022
Vicente Sarmiento
Mayor
ATTEST:

Daisy Gomez
Clerk of the Council
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APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney
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RESOLUTION NO. 2022- 067

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA GIVING NOTICE OF A GENERAL MUNICIPAL

ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON
NOVEMBER 8, 2022 FOR THE SUBMISSION OF A BALLOT

MEASURE TO THE QUALIFIED VOTERS FOR CHARTER

CLEAN- UP AMENDMENTS, ADOPTION OF A LIFETIME
BAN FOR THE MAYOR AFTER 4 TERMS AND A LIFETIME
BAN FOR CITY COUNCILMEMBERS AFTER 3 TERMS,
REQUIRING APPROVAL OF 2/ 3 OF THE CITY COUNCIL

TO ADOPT A BUDGET, EXPANDING APPLICATION OF

THE CODE OF ETHICS, AND PROVIDING FOR THE FILING

OF ARGUMENT AND REBUTTAL STATEMENTS

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:

Section 1. By Resolution No. 2022- 044, the City Council has declared that a General Municipal Election shall be held on November 8, 2022 for the election of municipal officers and the City Council asked that the General Municipal Election be consolidated by the County of Orange with the Statewide Election on November 8, 2022.

Section 2. The California Elections Code directs that the City Council approve the form of the ballot question to be submitted to the voters and the City of Santa Ana desires, on its own motion, to submit to the voters a question of whether clean- up amendments to modernize and streamline the City Charter, along with adoption of a lifetime ban for the Mayor after 4 terms and a lifetime ban for Councilmembers after 3 terms, requiring a 2/3 vote of the City Council for approval of the budget, and expanding the application of the Code of Ethics shall be submitted to the voters at the General Municipal Election to be held on Tuesday, November 8, 2022.

Section 3. In 2020, the Mayor created a Charter Review Ad Hoc Committee that considered numerous potential City Charter amendments. The Ad Hoc Committee ultimately recommend to the full City Council that 17 amendments to the City Charter be placed on the ballot for the November 2020 General Municipal Election. After consideration of the proposed Charter Amendments at a public meeting, the City Council declined, at that time, to place the recommended Charter amendments on the ballot.

Section 4. In 2022, the Mayor created a Charter Review Ad Hoc Committee that considered both the 2020 Charter amendment recommendations and some additional changes to the City Charter relating to City Council term limits, the term of the Mayor, City Council compensation, and adoption of the City budget. The 2022 Charter Review Ad Hoc Committee ultimately recommended to the full City Council placing 16 of the 17 2020 recommendations on the ballot, as well as, two new Charter amendments adopting a Resolution No. 2022- 067

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lifetime ban for the Mayor after 4 terms and a lifetime ban for Councilmembers after 3 terms and requiring a 2/3 vote by the City Council to adopt the budget.

Section5. The ballotquestionfor the proposed Charteramendmentsshall be as follows, with identification as determined in accordance with the California Elections Code:'
MEASURE # I Yes
Shall the Santa Ana City Charter be amended to update the Charter by imposinga lifetimeban for the Mayorafter4 terms and a lifetime ban for Councilmembers after completion of 3 terms, requiring approval of 2/3 of the City Council to adopt a budget, expanding the application of the Code of Ethics, utilizing gender neutral language No throughout the Charter, changing references to the "Clerk of Council' to "City Clerk" and making other minor updates?
Section 6. The text of the Charter amendments to be submitted to the voters is attached to this Resolution as Exhibit " A" and incorporated herein by this reference.

Section7. Shouldsaid measurebe approvedby the requisitevote of a majorityof the qualified voters, in addition to the changes in Section 6 above, to modernizethe language, ( a) all references in the Santa Ana City Charter to he/his/him or his/her would be replacedwith they/them/their; and (b) all referencesinthe City Charterto the "Clerk of Council' would be changed to "City Clerk."
Section 8. If the ballot measure receives a majority of the votes cast on it at the election, the Charter amendments shall be enacted accordingly.

Section9. That pursuantto ElectionsCode Section9280, the CityCouncil hereby directs the Clerkof Councilto transmit a copyof the BallotMeasureto the City Attorney to preparean impartialanalysisof the BallotMeasurewhich shall not exceed500 words in length.

Section 10. That pursuantto ElectionsCode Section 9282, the City Council, or a member or membersof the City Council authorizedby the City Council, or an individual voter who is eligible to vote on the measure, or bona fide association of citizens or combination of voters and associations, may file a written argument for or against the Ballot Measure in accordance with Article 4, Chapter 3, Division 9 of the Elections Code.

An argument shall not exceed 300 words in length.

Resolution No. 2022- 067

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Section 11. That pursuant to Elections Code Section 9287, if more than one argument for or more than one argument against the Ballot Measure is submitted to the Clerk of Council within the time prescribed by law, he or she shall select one of the argumentsin favor and one of the argumentsagainstthe BallotMeasurefor printing and distribution to the voters, giving preference in such selection in the following order:

1. The City Council, or a memberor membersof the City Council authorizedby the City Council.

2. The individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measu re.

3. Bona fide association of citizens.

4. Individual voters who are eligible to vote on the measure.

Section 12. That pursuant to Elections Code Sections 9220 and 9285, when the Clerk of Council has selected the arguments for and against the Ballot Measure which will be printed and distributed to the voters, the Clerk of Council shall send copies of the argument in favor of the Ballot Measure to the author or authors of the argument against, and copies of the argument against the Ballot Measure to the author or authors of the argument in favor. The author or authors may submit a rebuttal argument to the direct argument not exceeding 250 words. Rebuttal arguments shall be printed in the same manner as the direct arguments and shall immediately follow the direct argument, which it seeks to rebut. All previous resolutions providing for the filing of rebuttal arguments for City measures are repealed, and this Section shall only apply to the election on the Ballot Measure to be held on November 8, 2022.

Section 13. In accordance with California Elections Code Section 10002, the City Council requests the Orange County Board of Supervisors to permit the county elections official to render specified services to the City relating to the conduct of an election, for which the City shall reimburse the County in full for the services performed upon presentation of a bill to the City. The Board of Supervisors is also requested to consent and agree to the consolidation of the City's general election with any other election occurring on November 8, 2022, and the City hereby consents to any such consolidation.

Section 14. The services requested by the City of the county elections official, or such other official as may be appropriate and authorized to perform, include: the preparation, printing, and mailing of sample ballots and polling place cards; the establishmentor appointmentof precincts, pollingplaces, and electionsofficers; opening and closing of polling places, and making such publications as are required by law in connection therewith; the furnishing of ballots, voting booths, and other necessary supplies or materials for polling places; the canvassing of the returns of the election and Resolution No. 2022- 067

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the furnishingof the resultsof such canvassingto the Clerkof the Council; and the performanceof such other electionservicesas may be requestedby the City.

Section 15. All personsqualified to vote at municipalelections in the City on the day of election herein providedshall be qualified to vote on the ballot measure hereby submitted at the general municipal election.

Section 16. In all particulars not recited in the Resolution, the election shall be held andconductedas providedby lawfor holdinggeneral municipalelectionsin the City.

Section 17. Notice of the time and place of holding the general municipal election isgiven, andtheClerkoftheCouncilisauthorized, instructed, anddirectedto givefurther or additional notice of the election in the time, form, and manner as required by law.

Section 18. The Clerk of the Council shall receive the canvass as it pertains to thegeneralmunicipalelectionandshallcertifytheresultstotheCityCouncil, asrequired by law.

Section 19. Pursuant to California Elections Code Section 9295, this Resolution and the attached ballot measure will be available for public examination for no fewer than ten ( 10) calendar days prior to being submitted for printing in the sample ballot. The examinationperiodwillendonthedaythatis seventy-five (75) dayspriortothedateset for the election.

Section20. If anysection, subsection, sentence, clause, phraseor provisionof this Resolutionor the applicationthereof to any person or circumstancesis held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionalityshallnotaffectthevalidityof anyotherprovisionor applications, and tothis endthe provisionsof this Resolutionaredeclaredto be severable. The CityCouncil herebydeclaresthat it would have passedthis Resolutionand each section, subsection, sentence, clause, phraseor provisionthereof, irrespectiveof the factthatany oneor more sections, subsections, sentences, clauses, phrases or provisions thereof be declared invalid or unconstitutional.

Section 21. This Resolution shall take effect immediately upon its adoption by a majority of the City Council.

Section22. The Clerk of Council is hereby directed to certify to the passageand adoption of this Resolution and to file a certified copy of this Resolution with the Orange CountyBoardofSupervisorsandtheRegistrarofVotersofOrangeCountyatleasteighty- eight ( 88) days before the date of the election.

ADOPTED this 2"dday of August. 2022
Resolution No. 2022- 067

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APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By: Yl,
La a A. Rossini
Chief Assistant City Aney
AYES:

NOES:

ABSTAIN:

NOT PRESENT:

Councilmembers
Councilmembers
Councilmembers
Councilmembers
Vicente Sarmiento
Mayor
Hernandez, Mendoza Penaloza Phan
Bacerra, Sarmiento ( 6)
Lopez, Sarmiento ( 2)
None ( 0)
None ( 0)

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022 067 to be the original resolution adopted by the City Council of the City of Santa Ana on August 2, 2022.

Date: Q''dz. '—' JVA. 0-- 2- o/
Clerkof theCounciCity
of SantaAna Resolution
No. 2022-067 Page
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Proposed Charter amendments: additions are underlined and deleted language is stricken.

Sec. 400. - Number, selection and terms of members.

Councilmembersshall be residents of their respective wards, and nominatedand electedonlybythevotersoftheirrespectivewards. TheMayorshallbeelectedfrom the City at large.

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Sec. 401. Qualifications of members.

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Sec. 401. 05. - Code of ethics and conduct.

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Sec. 404. Presiding officer, mayor.

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Sec. 405. - Mayor pro tem.

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Sec. 406. - Council judge of elections and qualifications of members.

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Sec. 413. - Adoption ( resolutions and ordinances).

Noorderforthepaymentofmoneyshallbeadoptedormadeatanyotherthanaregularoradjourned regularmeeting, exceptwhenastateof emergencyhasbeendeclaredor at anemergencymeetingproperly convened.

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Sec. 607. Same — Further consideration and adoption.

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ARTICLE X. - CIVIL SERVICE
Sec. 1000. - Civil service system.

Fel gion, reed, gym_.._. status, physsal hand Gap, 9F Rat onal origin. d) Thatthereisequitabletreatmentofall civilserviceemployeesin mattersofdiscipline, layoffordismissalfromtheCityservice.

The system should be established in such a manner to ensure the accomplishment of the foregoing standards in appointments, promotions, discipline, layoffs or dismissals of civil service employees.

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Sec. 1002. - Civil service and excepted service.

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Sec. 1011. -Contractfor performanceof administrativefunctions.

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Sec. 1014. — Resmed. Wepksteppages

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Clerk of the Council Office
www.santa-ana.org/clerk-of-the-council/
Item # 2
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 13, 2022
TOPIC: Election of Mayor Pro Tem for 2023
AGENDA TITLE:

Election of Mayor Pro Tem for 2023

RECOMMENDED ACTION
It is recommended that:

1. The Mayor calls for nominations for Mayor Pro Tem Position.

2. The Mayor closes nominations for position.

3. The Mayor declares the result of the election.

DISCUSSION
Pursuant to Santa Ana Charter Section 405 and Municipal Code Section 2-101, the newly elected City Council shall elect a Mayor Pro Tem who shall act as Mayor during the absence from the City or disability of the Mayor, or during and vacancy in the Office of Mayor until otherwise filled in accordance with Section 403 of the Santa Ana Charter.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
There is no fiscal impact associated with this action.

Submitted By: Norma Orozco, Acting Assistant Clerk of the Council Approved By: Kristine Ridge, City Manager

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Santa Ana City CouncilDecember 13, 2022

Santa Ana City Council
December 13, 2022