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WHEREAS, the California constitution gives charter cities the power to allow non - citizen residents to vote in local elections; and
WHEREAS, on September 19, 2023, Councilmembers Hernandez and Vazquez brought forth a councilmember request for consideration of proposing a ballot measure to the voters regarding noncitizen voting in municipal elections; WHEREAS, on October 17, 2023, the City Council voted to direct staff to prepare the ballot measureitems to place the ballot measure beforethe voters at the November 5, 2024 election;
WHEREAS, pursuantto CaliforniaElectionsCodesection9255, the CityCouncil is authorized to submit this question to the voters at the November 5, 2024 General Municipal Election; and
WHEREAS, the CityCouncildesiresto consolidatethe General MunicipalElection for the measure described herein with the Statewide General Election to be held on November 5, 2024.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:
Section 1. The foregoing recitals are true and correct and are hereby incorporated by reference.
Section 2 Pursuant to the California Elections Code, and any other applicable requirements of the laws of the State of California relating to charter cities, the City Council, bymajorityvote, herebycallsandordersto beheldin theCityofSantaAnaon Tuesday, November5, 2024, a GeneralMunicipalElectionfor the purposeof submitting the ballotmeasurequestionto the qualifiedvoters of the Cityof Santa Ana.
Section 3. The California Elections Code directs that the City Council approve the form of the ballot questionto be submittedto the voters and the City of SantaAna desires, on its own motion, to submit to the voters a question of whether to permit noncitizens to vote in all municipal elections at which municipal officers, including the mayorand city council membersare elected, ballot measuresare considered, and initiativesand referendaare proposed, at the General Municipal Electionto be held on Tuesday, November 5, 2024.
Section 4. Theballotquestionandfull textfor the proposedballot measureshall be as follows, with identification as determined in accordance with the California Elections Code:
Resolution No. 2023- 075
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MEASURE #
PROPOSED AMENDMENT TO SECTION 1203
OF THE SANTA ANA CITY CHARTER
Shall the City of Santa Ana City Charter be amended to allow, November 2028 general municipal election, noncitizen
City residents, including those who are taxpayers and parents, vote in all City of Santa Ana municipal elections?
Yes
by the
to I No
Full Text of the City Charter Amendment ( text to be added, if approved, is underlined):
Sec. 1203. — Manner of Elections and Voting.
Unless otherwise provided by ordinance, all elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exist or may hereafter be amended, for the holding of elections in general law cities, insofar as the same are not in conflict with this charter or any ordinance adopted in accordance with this charter.
The City Council shall ado t an ordinance and additional olicies and regulations, as needed, authorizingany personwho has establishedresidencyin the Cityandwho is not otherwise disqualified from voting under Sections 2 and 4 of Article II of the California Constitution or any implementing State statute or City ordinance or resolution, to vote in all municipal elections regardless of whether the person is a United States citizen Municipal elections" include all local elections at which: the mayor, city council members, or any other municipal officers are elected: ballot measures are considered; and initiatives and referenda are proposed. The City Council shall adopt such policies, regulations and ordinances implementing this Section 1203 so that noncitizens may participate in elections on or prior to the general municipal election to be held in November of 2028.
Section 5. The question to be submitted to the voters is set forth above and other implementing actions may need to be taken by the voters and the City Council should the voters approve the measure.
Section 6. If the ballot measure receives a majority of the votes cast on it at the election, the question shall be approved.
Section 7. The City Clerk, in coordination with the Orange County Registrar of Voters, is authorized, instructedanddirectedto procureandfurnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. The ballots to be used at the election shall be in form and content as required by law.
Section 8. The City Council consents to the consolidation of the election on this Measure with all other elections being held in the same territory on November 5, Resolution No. 2023- 075
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2024, and to hold and conduct the consolidated election in the manner prescribed in Election Code Section 10418. In accordance with Section 10403 of the Elections Code, the Board of Supervisors of Orange County is hereby requested to consent to consolidation of the election on this Measure with the Statewide General Election and all other electionsbeingheld in the same territoryon November5, 2024, andto having the Registrar of Voters render such election services to the City of Santa Ana as may be requestedby the CityClerk of said City, the Countyof Orangeto be reimbursedin full for such services as are performed.
Section 9. The election services requested by the City of the County Registrar of Voters, or such other official as may be appropriate and which officer is hereby authorized and directedto perform, if said Board of Supervisorsconsents, include: the preparation, printing, and mailing of sample ballots and voter information guides; the establishment or appointment of precincts, voting centers, and election officers; opening andclosingof votingcenters, and makingsuchpublicationsas are requiredby law in connection therewith; the furnishing of ballots, voting booths, and other necessary suppliesor materialsfor voting centers; the canvassingof the returns of the electionand thefurnishingoftheresultsofsuchcanvassingtotheCityClerk; andtheperformanceof such other election services as may be requested by the City Clerk.
Section 10. The precincts, ballot drop box locations and hours of operations, vote center locations and hours of operations, vote -by -mail procedures and timing, and electionofficers, and all other personsand proceduresfor the GeneralMunicipalElection shall be the same as those utilized by the County of Orange.
Section 11. All ballots shall be tallied at a central counting place and not at the precincts. Saidcentralcountingplaceshallbe ata Countycenteras designatedbythe Registrar of Voters.
Section 12. The City Clerk is herebydirectedto transmit a copy of the Measure setforth in Section 4 aboveto the City Attorney, who shall preparean impartialanalysis of the Measure in accordance with Section 9280 of the Elections Code not to exceed 500 words in length. The impartial analysis shall show the effect of the Measure on existing law and the operation of the Measure. It shall also include a statement indicating whether the Measurewas placedon the ballotby a petitionsignedby the requisitenumberof votersor by the City Council. In the event the entiretext of the Measureis not printed on the ballot, or in the voter informationportion of the sampleballot, there shall be printed immediatelybelowthe impartialanalysis, in no lessthan 10-font bold type, the following:
The above statement is an impartial analysis of Ordinance or Measure _. If you desire a copy of the ordinance or measure, pleasecall the election official's office at ( 714) 647-6520 and a copy will be mailed at no cost to you." The impartial analysis shall be filed no later than the deadline for direct arguments.
Section 13. All personsqualified to vote at municipalelectionsin the City on the dayofelectionhereinprovidedshallbequalifiedtovoteontheMeasureherebysubmitted at the General Municipal Election.
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Section 14. In all particulars not recited in the Resolution, the election shall be heldandconductedas providedby lawfor holdinggeneralmunicipalelectionsinthe City.
Section 15. Notice of the time and place of holdingthe electionis hereby given, and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election in the time, form, and manner as required by law.
Section 16. The City Clerk shall receive the canvass as it pertains to the election and shall certify the results to the City Council, as required by law.
Section 17. Pursuant to California Elections Code Section 9295, this Resolution and the included Measure will be available for public examination for no fewer than ten 10) calendardays priorto beingsubmittedfor printingin the voter informationguide.
Section 18. The City Council finds and determines that this Resolution is not subject to the California Environmental Quality Act ( CEQA) pursuant to sections 15060( c)( 2) and 15060( c)( 3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project," as defined in section 15378 of the State CEQA Guidelines. Furthermore, the Resolution falls within the " common sense" CEQA exemption set forth in CEQA Guidelines section 15061(b)(3), excluding projects where " it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." Section 19. If any section, subsection, sentence, clause, phrase or provision of this Resolution or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of any other provision or applications, and to this endthe provisionsof this Resolutionare declaredto be severable. The CityCouncil hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause, phrase or provision thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or provisions thereof be declared invalid or unconstitutional.
Section 20. This Resolutionshall take effect immediatelyupon its adoptionby a majority of the City Council.
Section 21. The City Clerk is hereby directed to certify to the passage and adoption of this Resolutionand to file a certified copy of this Resolutionwith the Orange County Board of Supervisors and the Registrar of Voters of Orange County at least eighty-eight 88) days before the date of the election.
ADOPTEDthis 7thday of November. 2023.
Resolution No. 2023- 075
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Jessie Lopez
Mayor Pro Tern
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:1jwy &"
i 1 t t
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers Hernandez Lopez Phan Vazquez ( 4)
NOES: Councilmembers Amezcua Bacerra. Penaloza ( 3)
ABSTAIN: Councilmembers None ( 0)
NOT PRESENT: Councilmembers None ( 0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFERL. HALL, CityClerk, do herebyattestto andcertifythe attachedResolution No. 2023-075 to be the original resolutionadopted by the City Council of the City of Santa Ana on November 7, 2023.
Date:
Resolution No. 2023- 075
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Resolution No. 2023-XXX
RESOLUTION NO. 2024-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA CALLING AND GIVING NOTICE OF A
GENERAL MUNICIPAL ELECTION TO BE HELD IN THE
CITY OF SANTA ANA ON NOVEMBER 5, 2024 FOR THE
SUBMISSION OF A BALLOT MEASURE TO THE
QUALIFIED VOTERS ASKING IF THE CITY OF SANTA ANA
SHOULD PERMIT NONCITIZEN VOTING IN ALL CITY
MUNICIPAL ELECTIONS
WHEREAS, noncitizen residents make up 24 percent of Santa Ana’s total population and about 30 percent of its voting-age population; and
WHEREAS, the City Council acknowledges the importance of the immigrant community to the city of Santa Ana and recognizes their right to have their voices heard in local decision-making that directly affects their lives; and
WHEREAS, the City Council believes that giving immigrants a voice in local elections will encourage greater interest and investment in local issues, ultimately benefiting the entire community; and
WHEREAS, the City Council previously enacted an ordinance making Santa Ana, a sanctuary city, to recognize the contributions of its diverse, immigrant population to ensure they feel safe interacting with local government officials; and
WHEREAS, the City Council has implemented initiatives such as the Immigrant Legal Defense Fund which allocates funding to legal defense of Santa Ana immigrant residents who face detention and deportation; and
WHEREAS, a growing multiracial and multigenerational coalition of Santa Ana residents and community-based organizations have come together with the shared belief that all residents, regardless of citizenship status should have an equal say in the City’s municipal elections; and
WHEREAS, the Ci ty Council pre viously enacted an ordinance amending, it’s municipal code to permit qualified immigrant residents to serve on City Boa rds, Commissions and Committees; and
WHEREAS, currently tens of thousands of noncitizen residence and mixed status families pay taxes yet feel disenfranchised, and do not believe they have representation in key decisions that impact their lives; and
WHEREAS, local governments in other states have allowed non-citizen residents to vote in local elections; and
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Resolution No. 2024-XXX
WHEREAS, arguments can be made that the California constitution gives charter cities the power to allow non-citizen residents to vote in local elections; and
WHEREAS, on September 19, 2023, Councilmembers Hernandez and Va zquez brought forth a councilmember request for consideration o f proposing a ballot measure to the voters regarding noncitizen voting in municipal elections;
WHEREAS, on October 17, 2023, the City Council voted to direct staff to prepare the ballot measure items to place the ballot measure before the voters at the November 5, 2024 election;
WHEREAS, on November 7, 2023, the City Council approved Resolution No. 2023-075 giving notice of a general municipal election to be held in the City of Santa Ana on November 5, 2024 for the submission of a ballot measure to the qualified voters asking if the City of Santa Ana should permit noncitizen voting in all City municipal elections;
WHEREAS, the City Council desires to make changes to the ballot question set forth in Resolution No. 2023-075;
WHEREAS, pursuant to California Elections Code section 92 55, the City Council is authorized to submit this question to the voters at the November 5, 2024 General Municipal Election; and
WHEREAS, the City Council desires to consolidate the General Municipal Election for the measure de scribed herein with the Statewide General Election to be held on November 5, 2024.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:
Section 1. The foregoing recitals are true and correct and ar e hereby incorporated by reference.
Section 2 Pursuant to the California Elections Code, and any other applicable requirements of the laws of the State of California relating to charter cities, the City Council, by majority vote, hereby calls and orders to be held in the City of Santa Ana o n Tuesday, November 5, 2024, a General Municipal Elections for the purpose of submitting the ballot measure question to the qualified voters of the City of Santa Ana.
Section 3. 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 t he voters a question of whether to permit noncitizens to vote in all municipal elections at which municipal officers are elected, ballot measures are considered, and initiatives and referenda are proposed, at the General Municipal Election to be held on Tuesday, November 5, 2024.
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Resolution No. 2024-XXX
Section 4. The ballot question and full text for the proposed ballot measure shall be as follows, with identification as determined in accordance with the California Elections Code:
MEASURE #___
PROPOSED AMENDMENT TO SECTION 1203
OF THE SANTA ANA CITY CHARTER
Shall the City of Santa Ana City Charter be amended to allow, by the November 2028 general municipal election, noncitizen City residents to vote in all City of Santa Ana municipal elections?
Yes
No
Full Text of the City Charter Amendment (text to be added, if approved, is underlined):
Sec. 1203. – Manner of Elections and Voting.
Unless otherwise provided by ordinance, all elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exist or may hereafter be amended, for the holding of elections in general law cities, in sofar as the same are not in conflict with this charter or any ordinance adopted in accordance with this charter.
The City Council shall adopt an ordinance and additional policies and regulations, as needed, authorizing any person who has established residency in the City and who is not otherwise disqualified from voting under Sections 2 and 4 of Article II of the California Constitution or any implementing State statute or City ordinance or resolution, to vote in all municipal elections regardless of whether the person is a United States citizen. “Municipal elections” include all local elections at which: the mayor, city councilmembers, or any other municipal officers are elected; ballot measures are considered; and initiatives and referenda are proposed. The City Council shall adopt such policies, regulations, and ordinances implementing this Section 1203 so that noncitizens may participate in elections on or prior to the general municipal election to be held in November of 2028.
Section 5. The question to be submitted to the voters is set forth above and other implementing actions may need to be taken by the voters and the City Council should the voters approve the measure.
Section 6. If the ballot measure receives a majority of the votes cast on it at the election, the question shall be approved.
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Resolution No. 2024-XXX
Section 7. The City Clerk, in coordination with the Orange County Registrar of Voters, is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. The ballots to be used at the election shall be in form and content as required by law.
Section 8. The City Council consents to the consolidation of the election on this Measure with all other elections being held in the same territory on November 5, 2024, and to hold and conduct the consolidated election in the manner prescribed in Election Code Section 10418. In accordance with Section 10403 of the Elections Code, the Board of Supervisors of Orange County is hereby requested to consent to consolidation of the election on this Measure with the Statewide General Election and all other elections being held in the same territory on November 5, 2024, and to having the Registrar of Voters render such election services to the City of Santa Ana as may be requested by the City Clerk of said City, the County of Orange to be reimbursed in full for such services as are performed.
Section 9. The election services requested by the City of the County Registrar of Voters, or such other official as may be appropriate and which officer is hereby authorized and directed to perform, if said Board of Supervisors consents, include: the preparation, printing, and mailing of sample ballots and voter information guides; the establishment or appointment of precincts, voting centers, and election officers; opening and closing of voting centers, 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 voting centers; the canvassing of the returns of the election and the furnishing of the results of such canvassing to the City Clerk; and the performance of such other election services as may be requested by the City Clerk.
Section 10. The precincts, ballot drop box locations and hours of operations, vote center locations and hours of operations, vote -by-mail procedures and timing, and election officers, and all other persons and procedures for the General Municipal Election shall be the same as those utilized by the County of Orange.
Section 11. All ballots shall be tallied at a central counting place and not at the precincts. Said central counting place shall be at a County center as designated by the Registrar of Voters.
Section 12. The City Clerk is hereby directed to transmit a copy of the Measure set forth in Section 4 above to the City Attorney, who shall prepare an impartial analysis of the Measure in accordance with Section 9280 of the Elections Code not to exceed 500 words in length. The impartial analysis shall show the effect of the Measure on existing law and the operation of the Measure. It shall also include a statement indicating whether the Measure was placed on the ballot by a petition signed by the requisite number of voters or by the City Council. In the event the entire text of the Measure is not printed on the ballot, or in the voter information portion of the sample bal lot, there shall be printed immediately below the impartial analysis, in no less than 10-font bold type, the following:
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Resolution No. 2024-XXX
“The above statement is an impartial analysis of Ordinance or Measure ____. If you desire a copy of the ordinance or measure, please c all the election official’s office at (714) 647-6520 and a copy will be mailed at no cost to you.” The impartial analysis shall be filed no later than the deadline for direct arguments.
Section 13. All persons qualified to vote at municipal elections in the City on the day of election herein provided shall be qualified to vote on the Measure hereby submitted at the General Municipal Election.
Section 14. In all particulars not recited in the Resolution, the election shall be held and conducted as provided by law for holding general municipal elections in the City.
Section 15. Notice of the time and place of holding the election is hereby given, and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election in the time, form, and manner as required by law.
Section 16. The City Clerk shall receive the canvass as it pertains to the election and shall certify the results to the City Council, as required by law.
Section 17. Pursuant to California Elections Code Section 9295, this Resolution and the included Measure will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the voter information guide.
Section 18. The City Council finds an d determines that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a “project,” as defined in section 15378 of the State CEQA Guidelin es. Furthermore, the Resolution falls within the “common sense” C EQA exemption set forth in CEQA Guidelines section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.”
Section 19. The Santa Ana City Council hereby repeals Resolution No. 2023 - 075.
Section 20. If any section, subsection, sentence, clause, phrase or provision of this Resolution or the application thereof to any person or circumstances is held invalid or unconstitutional by any co urt of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of any other provision or applications, and to this end the provisions of this Resolution are declared to be severable. The City Council hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause, phrase or provision thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or provisions thereof be declared invalid or unconstitutional.
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Resolution No. 2024-XXX
Section 21. This Resolution shall take effect immediately upon its adoption by a majority of the City Council.
Section 22. The City Clerk is hereby directed to certify to the passage and adoption of this Resolution and to file a certified copy of this Resolution with the Orange County Board of Supervisors and the Registrar of Voters of Orange County at least eighty -eight (88) days before the date of the election.
ADOPTED this ____ day of June, 2024.
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2024 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on _____________________, 2024.
Date:
Jennifer L. Hall
City Clerk
City of Santa Ana
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Charter Review Ad Hoc Committee Meeting
Monday, April 22, 2024, 3:00 P.M.
1. Ballot Measures Already Adopted by City Council for November 5, 2024 General Municipal Election
a. Rent Stabilization and Just Cause Eviction Ordinance i. Need to revise to include correct ordinance
b. Permitting Noncitizen Voting in all City Municipal Elections i. Flesh out to include Charter language rather than just referring to an ordinance
2. Potential Charter Amendments
a. Finance and Management Services Suggestions/Clean-Up i. Section 1002(a)(5) to remove reference to Fire Chief ii. Section 1103 – is Official Bonds section outdated or no longer necessary? iii. Section 611 – review definition of “fund” and address levy that may be incongruent with current law
b. Human Resources Suggestions
i. Eliminate Personnel Board (edits to Sections 9-2, 9-4, 9-5, 9-6, 9-9, 9-10, 9-16) ii. Committee requested information on how an elimination of the Personnel Board may affect non-Police departments; check with bargaining units for their thoughts; separate out responsibilities between the Personnel Board and the Police Oversight Committee; options regarding mediator/arbitratrator and cost information
c. Other
i. Council Compensation: review options pertaining to General Law cities, General Law cities plus population indicator; General Law cities plus population by district indicator; full-time Councilmembers
ii. Regional Agencies Compensation: ok at possible City-paid compensation for participation in regional agencies that do not provide compensation; possibly tie to median of all regional agency payments or directly to OCWD iii. Ethics Code: enforcement process: review and provide options; private Attorney General; censure process/policy
iv. Clean-up: update reference to “secretary to the City Manager” to modernize (Sec. 1002)
v.
3. Schedule of Committee Meetings
a. Scheduled Meetings: Thursday, May 16, 2pm; Tuesday, May 21, 1pm b. Duration – 1 hour
c. Department directors to be invited to meetings where the topic pertains to their operations.
d. Length of Committee – currently scheduled through end of May 2024 i. Deadline to send items to Orange County Registrar of Voters is Friday, August 9 but requested by Friday, July 19, 2024.
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Resolution No. 2024-XXX
RESOLUTION NO. 2024-XXX
A 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 5, 2024 FOR THE SUBMISSION TO THE
VOTERS OF QUESTIONS RELATING TO THE
AMENDMENT OF THE CITY CHARTER IN REGARD TO
SECTIONS 401.5 (ETHI CS CODE), 402 (COUNC IL
COMPENSATION), 611 ( CAPITAL IMPROVEMENT
FUNDS), 702 (CITY CL ERK AUTHORITY), 703 (CITY
ATTORNEY AUTHORITY), 1002 (CIVIL SERVICE ), AND
1103(BONDS).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:
SECTION 1: By Resolution No . 2024-022, the City Council has declared that a General Municipal Election shall be held on November 5, 2024 for the election of municipal officers and asked that the Election be consolidated with the Statewide General Election.
SECTION 2: Under provisions of the Charter of the City of Santa Ana and the California Elections Code, at the General Municipal Election to be held on November 5, 2024, the following proposed amendments to the City Charter shall be submitted to the voters:
A proposal to amend Sections 401.5 (Ethics Code) 402 (Council Compensation), 611 (Capital Improvement Funds), 702 (City Clerk authority), 703 (City Attorney authority), 1002 (Civil Service), and 1103 (Bonds) of the Charter of the City of Santa Ana to read as set forth in Exhibits A and B, attached hereto and incorporated herein by this reference.
The language proposed to be deleted is in red and the language proposed to be added is highlighted in yellow in each exhibit.
SECTION 3: If the ballot measure receives a majority of the votes cast on it at the election, the question shall be approved.
SECTION 4: Pursuant to California Elections Code Section 9295, this Resolution and the included Measure will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the voter information guide.
SECTION 5: If any section, subsection, sentence, clause, phrase or provision of this Resolution or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of any other provision or applications, and
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Resolution No. 2024-XXX
to this end the provisions of this Resolution are declared to be severable. The City Council hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause, phrase or provision thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or provisions thereof be declared invalid or unconstitutional.
SECTION 6: This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution. _______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
By:________________________
Sonia R. Carvalho,
City Attorney
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, __________, City Clerk, do hereby attest to and certify that the attached Resolution No. 2024-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on ________________.
Date: _____________________
Jennifer Hall,
City Clerk
City of Santa Ana
for
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Resolution No. 2024-XXX
EXHIBIT A
Sec. 401.05. - Code of ethics and conduct.
The City of Santa Ana shall adopt a Code of Ethics and Conduct for elected officials, the City Attorney, the City Manager, the City Clerk, the Police Chief, directors of all City departments, and members of appointed boards, commissions, and committees to assure public confidence in the integrity of local government elected and appointed officials. The City Council shall periodically review the Code of Ethics and Conduct and make any amendments by ordinance or resolution.
The City Council shall establish by adoption of an Ordinance a process to address alleged violations of the Code of Ethics and to enforce its provisions.
Any person alleging a violation of the Code of Ethics and Conduct by the Police Chief, or department director, shall provide a written document to the City Manager with their name and contact information and a brief description of the alleged violation. The City Manager shall review and respond to the complaint in writing and report to the City Council every thirty (30) days of the status of the review.
Any person alleging a violation of the Code of Ethics and Conduct by any member of the City Council, the City Manager, the City Attorney, the City Clerk, or members of appointed boards, commissions, and committees shall provide a written document to all members of the City Council with their name and contact information and a brief description of the alleged violation. The City Council shall refer the complaint to an ad hoc committee of the Council for review. The Council ad hoc committee may then make a recommendation to the full City Council for further review, investigation or action. When a review or investigation is completed, the City Council may impose sanctions which may include, a reprimand, formal censure, or loss of committee assignments or in the case of members of boards, commissions or committees, removal from the board, commission, or committee.
A complaint concerning an alleged violation by one of the Council's appointed employees shall be handled as a personnel matter.
Sec. 611. - Same—Capital improvement funds.
A fund for capital improvements generally is hereby created to be known as the "Capital Improvement Fund". The City Council may create by ordinance a special fund or funds for a special capital improvement purpose. The City Council may levy and collect taxes for capital improvements and may include in the annual tax levy a levy for such purposes, in which event it must apportion and appropriate to any such fund or funds the moneys derived from such levy. It may not, in making such levy, exceed the maximum tax rate provided for in this charter, unless authorized by the affirmative votes of a majority of the electors voting on the proposition at any election at which such question is submitted. The number of years in which such increased levy is to be made shall be specified in such proposition. The City
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Council may transfer, subject to the provisions of this charter, to any such fund any unencumbered surplus funds remaining on hand in the City at any time.
Once created, such fund shall remain inviolate for the purpose for which it was created, and if for a special capital improvement, then for such purpose only, unless the use of such fund for some other purpose is authorized by the affirmative votes of a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted.
If the purpose for which any capital improvement fund has been created has been accomplished, the City Council may transfer any unexpended or unencumbered surplus remaining in such fund to the fund for capital improvements generally, established by this charter.
Sec. 702. - City Clerk; powers and duties.
The City Clerk shall have the power and be required to: (Add subsection (i)) (i) Enter into contracts related to the Office of City Clerk based upon the City’s purchasing policies and dollar limitations established for the city manager.
Sec. 703. - City attorney; qualifications, power and duties. (Add subsection (h)) (h) Enter into contracts related to the Office of the City Attorney based upon the City’s purchasing policies and dollar limitations established for the city manager.
Sec. 1002. - Civil service and excepted service.
The civil service system of the City shall cover all employees of the City not excepted by this section.
(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 Manager's assistants, if any; (3)The City Attorney and the City Attorney's legal assistants, if any; (4)The City Clerk;
(5)The head of each department of the City as specified by ordinance or resolution and of the housing authority of the City of Santa Ana, but not including, the police chief or the fire chief;
(6)One private secretary The Executive Assistants to the City Manager and City Attorney;
(7)All members of boards and commissions;
(8)Positions occupied by persons employed to render professional, scientific, technical, or expert service of an occasional and exceptional nature; (9)Positions in any class or grade created for a special or temporary purpose; (10)Part-time positions or employments;
(11)All positions occupied by persons employed to replace employees ordered to active duty, enlisted, or drafted for military service during a national emergency or
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when this country has declared war and until the expiration of the time when such replaced employee could demand their former position of employment under federal or state statutes.
(b)The civil service shall comprise all positions not specifically included by this section in the excepted service.
(c)In the event an officer or employee of the City holding a position in the civil service is appointed to a position in the excepted service and should subsequently be removed therefrom within twelve months of the employee's appointment to the excepted service, the employee shall revert to the employee's former position in the civil service without loss of any rights or privileges and upon the same terms and conditions as if the employee had remained in said position continuously.
Sec. 1103. - Official bonds.
The City Council shall, by ordinance, fix the amounts and terms of the official bonds of all officers and employees of the City who are required by this charter or by ordinance to give such bonds. All bonds shall be executed by a responsible surety, shall be approved by the City Attorney as to form, and shall be filed with and remain in the keeping of the director of finance, provided that the bond of the director of finance shall be filed with and remain in the keeping of the City Clerk.
The premium on any official bond furnished under the provisions of this section and executed by a corporate surety shall be paid by the City.
There shall be no personal liability upon, or any right to recover against, a superior officer, or their bond, for any wrongful act or omission of their subordinates, unless such superior officer was a party to, or conspired in, such wrongful act or omission.
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EXHIBIT B
Sec. 402. - Compensation of members.
Each member of the City Council and the Mayor shall receive as a monthly salary, the equivalent of thirty three percent (33%) of the monthly salary of a Judge of the Orange County Superior Court of the State of California for their services , the maximum amount allowed by the population formula set forth in California Government Code Section 36516 as of November 8, 2016. No increase in the monthly salary shall occur without first being approved by the voters pursuant to a Charter amendment. Further, each member of the City Council and Mayor shall receive reimbursement for required travel and other expenses while on official business of the City as authorized and approved by Resolution of the City Council. In accordance with Section 36516 any amounts paid by City for retirement, health and welfare benefits shall not be included for purposes of determining salary under this section, provided that the same benefits are available and paid by the City for its executive employees. Any amounts paid by the City to reimburse for actual and necessary expenses pursuant to a Council Resolution shall not be included for purposes of determining salary. Any member of the Council may waive any or all of the compensation permitted by this section.
Absence of the Mayor or a member of the City Council from all regular and special meetings of the City Council during any calendar month shall render them ineligible to receive the monthly salary for such a calendar month, unless such absence was approved by the City Council as expressed in its official minutes etc.
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Resolution No. 2024-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA SETTING FORTH THE LANGUAGE OF
BALLOT TITLE S FOR CITY CHARTER AMENDMENT S
REGARDING CLEAN-UP OF OBSOLETE SECTIONS,
CIVIL SERVICE, ETHICS CODE, CITY CLERK AND CITY
ATTORNEY AUTHORITY AND COUNCIL
COMPENSATION TO BE INCLUDED ON THE BALLOT
FOR THE 2024 GENERAL MUNICIPAL ELECTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:
Section 1. By Resolution 2024-____, the City Council of the City of Santa Ana has called for a General Municipal election to be held on November 5, 2024 and submitted to the voters an amendment to sections of the Santa Ana City Charter.
Section 2. The California Elections Code directs that the City Council approve the form of the ballot question to be submitted to the voters and the City Council of the City of Santa Ana desires, on its own motion, to submit to the voters of the City two questions, one relating to clean-up of obsolete sections, civil service, ethics code, and City Clerk and City Attorney authority, and one relating to Council compensation, to be submitted to the voters at the General Municipal Election to be held on Tuesday, November 5, 2024.
Section 3 . The amendments called for in Resolution 2024- ______ shall be proposed as follows, with identification as determined in accordance with the California Elections Code:
Shall the Charter of the City of Santa Ana be amended to delete references to obsolete job titles and obsolete bonding
requirements, specify that all department heads are at-will employees, address definitions of funds and levies for
compliance with state law, authorize limited purchasing authority for the City Clerk and City Attorney and require the City Council to adopt an ordinance to enforce the Ethics Code?
Yes
No
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Resolution No. 2024-XXX
Shall the Charter of the City of Santa Ana be amended to index Council compensation at a salary of thirty three (33%) percent of that of an Orange County Superior Court Judge?
Yes
No
Section 4. If the ballot measure receives a majority of the votes cast on it at the election, the question shall be approved.
Section 5. Pursuant to California Elections Code Section 9295, this Resolution and the included Measures will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the voter information guide.
Section 6. If any section, subsection, sentence, clause, phrase or provision of this Resolution or the application thereof to any p erson or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of any other provision or applications, and to this end the provisions of this Resolution are declared to be severable. The City Council hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause, phrase or provision thereof, irrespective of the fact that any one or more sections, subsections, sen tences, clauses, phrases or provisions thereof be declared invalid or unconstitutional.
Section 7. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution.
ADOPTED this ________day of ___________.
__________________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
By: ____________________________
Sonia R. Carvalho
City Attorney
for
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Resolution No. 2024-XXX
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify that the attached Resolution No. 2024-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on ________________.
Date: _____________________
Jennifer L. Hall
City Clerk
City of Santa Ana
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CITY ATTORNEY
Sonia R. Carvalho
ACTING CITY MANAGER
Alvaro Nuñez
CITY CLERK
Jennifer L. Hall
20 CIVIC CENTER PLAZA - P.O. BOX 1988, M31 - SANTA ANA, CALIFORNIA 92702 TELEPHONE (714) 647-6900 - FAX (714) 647-6954 - www.santa-ana.org Councilmember-Requested Item Report
DATE
June 4, 2024
TOPIC
Proposed Cigarette Litter Abatement Tax
COUNCILMEMBER-REQUESTED ITEM TITLE
Discuss and Considering Providing Direction to the City Manager, City Clerk, and City Attorney to Prepare Necessary Documents to Propose a Cigarette Litter Abatement Tax
DISCUSSION
In response to Santa Ana’s budget deficit projections due to the sunset of Measure X, we would like for our City to introduce a measure on the November ballot that would charge the tobacco industry a fee, per pack sold, for litter removal to alleviate budget woes.
SUBMITTED BY
Councilmembers Hernandez and Vazquez
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CITY ATTORNEY
Sonia R. Carvalho
ACTING CITY MANAGER
Alvaro Nuñez
CITY CLERK
Jennifer L. Hall
20 CIVIC CENTER PLAZA - P.O. BOX 1988, M31 - SANTA ANA, CALIFORNIA 92702 TELEPHONE (714) 647-6900 - FAX (714) 647-6954 - www.santa-ana.org Councilmember-Requested Item Report
DATE
June 18, 2024
TOPIC
CalOptima Health Street Medicine Program
COUNCILMEMBER-REQUESTED ITEM TITLE
Discuss and Consider Providing Direction to the City Manager on the Interest in Launching a Street Medicine Program with CalOptima
DISCUSSION
Santa Ana, like Garden Grove, Anaheim, and Costa Mesa, has a significant population of individuals living in unsheltered spaces. Many of these individuals are in dire need of the comprehensive healthcare services that your street medicine program provides. By bringing this program to Santa Ana, it will serve to complement our efforts associated with our programing in assisting the unhoused and indigent community. With a CalOptima partnership, Health members receive the primary care, behavioral health support, and case management services necessary to improve their health and stability.
SUBMITTED BY
Mayor Valerie Amezcua
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