55394.00000\42373141.1
DRAFT 06/12/24
City Attorney’s Office
www.santa-ana.org/city-attorneys-office
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 18, 2024
TOPIC: Proposed Amendments to the City Charter of the City of Santa Ana
AGENDA TITLE
Review of City Charter Amendments Concerning Rent Stabilization Ordinance and Non- Citizen Voting and Resolutions Required to Submit to Voters at the November 5, 2024 Municipal Election Ballot Measures Relating to Proposed Charter Amendments Concerning Ethics Code, Capital Improvement Funds, City Clerk and City Attorney Authority, Civil Service, and Council Compensation
RECOMMENDED ACTION
1. Adopt a resolution giving notice of the City's General Municipal Election to be held in the City of Santa Ana on November 5, 2024 for the submission of questions to the voters relating to proposed amendments to the City Charter; RESOLUTION NO. 2024-XXX entitled 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 (ETHICS CODE), 402 (COUNCIL
COMPENSATION), 611 (CAPITAL IMPROVEMENT FUNDS), 702 (CITY CLERK AUTHORITY), 703 (CITY ATTORNEY AUTHORITY), 1002 (CIVIL SERVICE), AND 1103 (BONDS)
2. Adopt a resolution designating the ballot questions related to the proposed City Charter amendments;
RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA SETTING FORTH THE LANGUAGE
OF BALLOT TITLES FOR CITY CHARTER AMENDMENTS 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
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3. Review City Charter amendments concerning rent stabilization and just cause eviction ordinance and consider whether to adopt revised resolution; and RESOLUTION NO. 2024-XXX entitled 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 OF A BALLOT MEASURE TO THE QUALIFIED
VOTERS PROPOSING A RENT STABILIZATION AND JUST CAUSE
EVICTION ORDINANCE AND REQUESTING THE ORANGE COUNTY BOARD
OF SUPERVISORS TO CONSOLIDATE THIS ELECTION WITH THE
STATEWIDE GENERAL ELECTION
4. Review City Charter amendment concerning non-citizen voting and consider whether to adopt revised resolution.
RESOLUTION NO. 2024-XXX entitled 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
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
Previous Action to Approve Ballot Measure Related to Rent Stabilization Ordinance The City Council adopted a Resolution to propose a ballot measure asking the voters of the City of Santa Ana whether they wish to approve a Rent Stabilization Ordinance previously approved by the City Council. There was subsequent discussion as to whether the correct version of the ordinance was attached to the Resolution. The City Council may take this opportunity to re-adopt the Resolution and attach the version of the Ordinance it desires to propose to the voters.
Previous Action to Approve Ballot Measure Related to Proposed City Charter Amendment Concerning Non-Citizen Voting
The City Council also adopted a Resolution to propose a ballot measure asking the voters of the City of Santa Ana whether they wish to approve an amendment to the City Charter of the City of Santa Ana authorizing non-citizen voting. The ballot measure question was recently the subject of a legal challenge to the wording of the ballot measure. The ballot
Proposed Amendments to the City Charter of the City of Santa Ana June 18, 2024
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measure, if approved, would also require further analysis of costs and procedures and implementation. The City Council may wish to review the Resolution adopting the ballot measure and discuss and decide whether to revise the ballot measure language in response to the lawsuit and whether to address any future implementation issues by clarifying the language to be added to the City Charter. The previously adopted Resolution is attached to allow for discussion or action. In addition, a draft resolution is attached omitting the language subject to legal challenge.
Proposed City Charter Amendments Recommended by Council Ad-Hoc Committee The Mayor appointed an ad hoc committee of the Council consisting of herself, Mayor Pro Tem Phan, and Councilmember Bacerra. The ad-hoc committee held several meetings to discuss potential amendments to the City Charter proposed by staff for general clean-up and efficiencies and amendments proposed by the ad-hoc committee.
The agenda for the ad-hoc committee’s April 22, 2024, meeting is attached to share with the Council and the community the various topics discussed. The ad-hoc committee ultimately decided to propose amendments 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). The specific additions and deletions are identified in the attached Resolutions and Exhibits.
The ad-hoc committee is recommending two ballot questions as follows:
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
Shall the Charter of the City of Santa Ana be amended to index Council compensation at a salary of thirty three percent (33%) of that of an Orange County Superior Court Judge?
Yes
No
The amendments proposed in the first ballot questions pertain to references to obsolete bonding requirements and funds and job titles such as the Fire Chief; authorize the City Clerk and the City Attorney to make purchases related to their duties under the same
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limitations, restrictions, and purchasing parameters of the city manager; specifies that the position of Police Chief will be an at-will position similar to all other department heads; and will require the City Council to adopt an ordinance setting forth the procedures to enforce the Ethics Code.
The second ballot measure question is related to an amendment to change Council Compensation from the current amount of $12,000 per year paid at $1,000 per month to a monthly salary that is indexed to thirty-three percent (33%) of the salary of an Orange County Superior Court Judge which would be $78,696 or $6,558 per month.
If approved by the voters at the November 2024 election, the amendments would take effect in January 2025.
If the Council calls for the placement of ballot measures on the November ballot, at a subsequent meeting we will present necessary resolutions for the filing of written arguments in favor of or against such measure by members of the City Council, any individual voter eligible to vote on the measure, a bona fide association of such citizens or any combination thereof, and establishes deadlines for submission of such arguments to the City Clerk. The Elections Code specifies that members of the Council would be given preference and priority, if authorized by the City Council. The subject resolution would give that authorization to any member of the Council desiring to submit an argument.
The procedures for filing ballot arguments are detailed in the Elections Code. The Election Code procedures, as well as general guidelines for preparing arguments will be provided in a notice prepared by the City Clerk and posted following final adoption of the election resolution(s).
Whenever a City measure qualifies to be on a ballot, the City Council may direct the City Attorney to prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure (Elections Code §9280).
The analysis is printed in the Voter Information Guide preceding the arguments for and against the measure. We will also prepare this request for a subsequent meeting, if the ballot measure questions are approved.
FISCAL IMPACT
The proposed FY24-25 General Fund budget includes current Council salaries for a total of $84,000. There is an unappropriated recurring revenue estimate of $328,020; which is sufficient to fund additional City Council compensation for January through June 2025, estimated to be approximately $233,436, should the measure be approved by the voters.
The estimated cost from the Orange County Registrar of Voters to add a measure (3000 words and 2 pages) to the November 5, 2024 ballot is $8,500. Sufficient funds are available in the City Clerk’s FY 2024/25 budget (Account No. 01107031 62300).
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EXHIBIT(S)
1. Resolution for Rent Stabilization Ordinance Ballot Measure and Ordinance
2. Current Resolution for Non-Citizen Voting Ballot Measure (No. 2023-075)
3. Draft resolution for Non-Citizen Voting Ballot Measure
4. Ad Hoc Committee April 22, 2024 agenda
5. Resolutions Related to Calling for Ballot Measures and Ballot Language Submitted By: Sonia R. Carvalho, City Attorney and Jennifer L. Hall, City Clerk Approved By: Alvaro Nuñez, Acting City Manager