City Clerk’s Office
https://www.santa-ana.org/cityclerk
Item # 26
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 16, 2024
TOPIC: Arguments, Rebuttal Arguments, and Impartial Analysis of Four Ballot Measures on the Ballot for the November 5, 2024 General Municipal Election.
TITLE
Consider Whether to Adopt Resolutions Authorizing Arguments, Rebuttal Arguments, and Impartial Analysis of Four Ballot Measures on the Ballot for the November 5, 2024 General Municipal Election
RECOMMENDED ACTION
1. Consider whether to approve RESOLUTION NO. 2024-XXX entitled A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
AUTHORIZING WRITTEN ARGUMENTS FOR THE BALLOT MEASURE
SUBMITTED FOR THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION
REGARDING A PROPOSED CHARTER AMENDMENT TO AMEND CHARTER SECTIONS 401.5, 611, 702, 703, 1002 AND 1003 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;
2. Consider whether to approve RESOLUTION NO. 2024-XXX entitled A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
AUTHORIZING WRITTEN ARGUMENTS FOR THE BALLOT MEASURE
SUBMITTED FOR THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION
REGARDING A PROPOSED CHARTER AMENDMENT TO AMEND CHARTER SECTION 402 TO INDEX COUNCIL COMPENSATION AT A SALARY OF THIRTY-THREE (33%) PERCENT OF THAT OF AN ORANGE COUNTY
SUPERIOR COURT JUDGE;
3. Consider whether to approve RESOLUTION NO. 2024-XXX entitled A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
AUTHORIZING WRITTEN ARGUMENTS FOR THE BALLOT MEASURE
Arguments, Rebuttal Arguments, and Impartial Analysis of Four Ballot Measures on the Ballot for the November 5, 2024 General Municipal Election July 16, 2024
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4 SUBMITTED FOR THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION
REGARDING A PROPOSED CHARTER AMENDMENT TO AMEND CHARTER SECTION 1203 TO PERMIT NONCITIZEN VOTING IN ALL CITY MUNICIPAL ELECTIONS; and
4. Consider whether to approve RESOLUTION NO. 2024-XXX entitled A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
AUTHORIZING WRITTEN ARGUMENTS FOR THE BALLOT MEASURE
SUBMITTED FOR THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION
REGARDING WHETHER TO ADOPT A RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCE.
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
A General Municipal Election of the City of Santa Ana will be held on November 5, 2024, at which there will be submitted to the qualified electors of the City four (4) ballot measures:
1. Whether to amend Santa Ana City Charter Sections 401.5, 611, 702, 703, 1002, and 1003 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;
2. Whether to amend Santa Ana City Charter Section 402 to index Council compensation at a salary of thirty-three percent (33%) of that of an Orange County Superior Court Judge;
3. Whether to amend Santa Ana City Charter Section 1203 to permit noncitizen voting in all City municipal elections; and
4. Whether to adopt a Rent Stabilization and Just Cause Eviction Ordinance.
Elections Code Section 9280 provides that the legislative body may direct the city elections official to transmit a copy of the Measure to the city attorney, unless the organization or salaries of the office of the city attorney are affected. The city attorney shall prepare an impartial analysis of the Measure showing the effect of the measure on the existing law and the operation of the Measure. The analysis shall 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 governing body of the city. If the Measure affects the organization or salaries of the office of the city attorney, the governing board may direct the city elections official to prepare the impartial analysis. The analysis shall be printed Arguments, Rebuttal Arguments, and Impartial Analysis of Four Ballot Measures on the Ballot for the November 5, 2024 General Municipal Election July 16, 2024
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4 preceding the arguments for and against the Measure. The analysis shall not exceed 500 words in length.
Pursuant to the requirements at Section 9282 of the Elections Code of the State of California, the legislative body may authorize any member(s) of the City Council to write arguments for or against any measure. In addition, Elections Code Section 9285 provides that the author or a majority of the authors of an argument relating to the Measure may prepare and submit a rebuttal argument or may authorize in writing another person or persons to prepare, submit, or sign the rebuttal argument. Any rebuttal statement shall be filed ten (10) days after the primary argument.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The measures themselves have already been added to the ballot by the City Council.
The estimated cost from the Orange County Registrar of Voters for the November 5, 2024 ballot is $8,500 per measure (3000 words and 2 pages). Should the inclusion of an impartial analysis and arguments cause a measure to exceed 3000 words and 2 pages, additional costs may apply at the same rate as stated above for the initial measure.
Sufficient funds are available in the City Clerk’s FY 2024/25 budget (Account No. 01107031 62300).
EXHIBIT(S)
1. Proposed Resolution Authorizing Written Arguments for the Ballot Measure Submitted for the November 5, 2024 General Municipal Election Regarding a Proposed Charter Amendment to Amend Charter Sections 401.5, 611, 702, 703, 1002 and 1003 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;
2. Proposed Resolution of the City of the City of Santa Ana Authorizing Written Arguments for the Ballot Measure Submitted for the November 5, 2024 General Municipal Election Regarding a Proposed Charter Amendment to Amend Charter Section 402 to Index Council Compensation at a Salary of Thirty-Three (33%) Percent of That of an Orange County Superior Court Judge;
3. Proposed Resolution of the City of the City of Santa Ana Authorizing Written Arguments for the Ballot Measure Submitted for the November 5, 2024 General Arguments, Rebuttal Arguments, and Impartial Analysis of Four Ballot Measures on the Ballot for the November 5, 2024 General Municipal Election July 16, 2024
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4 Municipal Election Regarding a Proposed Charter Amendment to Amend Charter Section 1203 to Permit Noncitizen Voting in All City Municipal Elections; and
4. Proposed Resolution of the City of the City of Santa Ana Authorizing Written Arguments for the Ballot Measure Submitted for the November 5, 2024 General Municipal Election Regarding Whether to Adopt a Rent Stabilization and Just Cause Eviction Ordinance.
Submitted By: Jennifer L. Hall, City Clerk
Approved By: Alvaro Nuñez, Acting City Manager