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 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
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
Resolution No. 2024-XXX
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
Resolution No. 2024-XXX
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.
Resolution No. 2024-XXX
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.
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
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
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