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Staff Report

Santa Ana City Council
December 10, 2024

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Staff Report
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December 10, 2024
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Santa Ana City Council
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3
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City Clerk’s Office
www.santa-ana.org/city-clerks-office
Item # 1
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 10, 2024
TOPIC: Certification and Resolution Declaring Election Results

AGENDA TITLE
Resolution Declaring the Results of the November 5, 2024 General Municipal Election – Measures CC, DD, EE, and FF and the Election of Certain Officers

RECOMMENDED ACTION

1. Adopt a resolution reciting the fact of the General Municipal Election held on November 5, 2024, declaring the results, and such other matters as may be provided by law.

RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SANTA ANA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON TUESDAY, NOVEMBER 5, 2024, DECLARING THE RESULTS,

AND SUCH OTHER MATTERS AS MAY BE PROVIDED BY LAW

2. Execute Ordinance No. NS-3073 approved by the voters approving Article XIX, Rent Stabilization and Just Cause Eviction Ordinance, of Chapter 8, Buildings and Structures, of the Santa Ana Municipal Code (Measure CC).

ORDINANCE NO. NS-3073 entitled AN ORDINANCE OF THE PEOPLE OF THE CITY

OF SANTA ANA ADOPTING A RENT STABILIZATION AND JUST CAUSE EVICTION

ORDINANCE

3. Authorize submission to the Secretary of State, for acceptance and filing, amendments to the Santa Ana City Charter approved by the voters deleting references to obsolete job titles and obsolete bonding requirements, specifying that all department heads are at-will employees, addressing definitions of funds and levies for compliance with state law, authorizing limited purchasing authority for the City Clerk and City Attorney, and requiring the City Council to adopt an ordinance to enforce the Ethics Code (Measure EE).

GOVERNMENT CODE §84308 APPLIES: No

Certification and Resolution Declaring Election Results December 10, 2024

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DISCUSSION
Pursuant to Santa Ana Charter §1201, general municipal elections for the election of officers and for such other purposes as the City Council may prescribe shall be held on the first Tuesday after the first Monday in November in each even-numbered year. The purpose of the November 5, 2024 election was for the election of the Mayor, three (3) Councilmember seats, specifically Ward Nos. 1, 3, and 5, and four measures: Measures CC, DD, EE, and FF.

A total of eight eligible candidates filed nomination papers for seats on the City Council:
for the Mayoral seat, for a term of two years: two eligible candidates; for Councilmember, Ward 1, for a term of four years: two eligible candidates; for Councilmember, Ward 3, for a term of four years: two eligible candidates; and for Councilmember, Ward 5, for a term of four years, two eligible candidates.

Elections Code §10262(b) requires the City Clerk, upon receipt of the results of the election from the Orange County Registrar of Voters, to certify the results to the governing body and pursuant to Elections Code §§10263 and 10264, the City Council must adopt a resolution reciting the facts of the election results. The Certificate of Registrar of Voters to the Result of the Canvass dated December 3, 2024, reflects the full, true, and correct Statement of Vote, consolidated with the General Election held on November 5, 2024 declaring elected to each office the candidates with the majority of votes, as well as the votes on the four measures.

The Result of the Canvass of the General Election Returns is attached to the proposed resolution (Exhibit 1). By adopting the resolution, the City Council declares elected the following individuals:
•Valerie Amezcua, Mayor
•Thai Viet Phan, Councilmember, Ward 1
•Jessie Lopez, Councilmember, Ward 3
•Johnathan Ryan Hernandez, Councilmember, Ward 5
Measure CC, considered and approved by the voters with 43,134 yes votes (57.63%), is an ordinance adopting Article XIX, Rent Stabilization and Just Cause Eviction Ordinance, of Chapter 8, Buildings and Structures, of the Santa Ana Municipal Code.

Pursuant to Elections Code §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 days after that date (December 20, 2024).

Measure EE, considered and approved by the voters with 53,781 yes votes (73.83%), amends Sections 401.05 611, 702, 703, 1002, and 1103 of the City Charter 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 Certification and Resolution Declaring Election Results December 10, 2024

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City Attorney, and require the City Council to adopt an ordinance to enforce the Ethics Code. Such ordinance will be presented to City Council at a future meeting for their consideration.

Pursuant to Government Code §34459, voter approval of Measure EE amending the City Charter is deemed ratified, but shall not take effect until accepted and filed by the Secretary of State pursuant to Government Code §34460.

Measure DD, considered by the voters, to allow noncitizen City residents to vote in all City of Santa Ana municipal elections, was not approved, receiving 44,378 no votes (59.03%).

Measure FF, considered by the voters, to index Council compensation at a salary of 33% of that of an Orange County Superior Court Judge, was not approved, receiving 47,880 no votes (65.66%).

Accepting the election results as certified by the County of Orange Registrar of Voters will enter the vote into the official record of the City and allow for certification and the confirmation of the November 5, 2024 General Municipal Election.

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 Certifying Election with Certificate of Registrar of Voters

2. Ordinance No. NS-3073 (Measure CC)
Submitted By: Jennifer L. Hall, City Clerk
Approved By: Alvaro Nuñez, City Manager

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