Amendments to City Municipal Code

Amend Municipal Code, Chapter 31, adding Sec. 31-1.6.1 Affordability and Equitable Access
City-owned public parks, athletic fields, and facilities, and the use thereof, shall be managed and operated by the Parks and Recreation Department. City-owned parks, athletic fields, and facilities shall be operated on a basis to maintain maximum affordability and equitable access for city residents, landowners, and entities.

For all concessions issued, all contracts shall state “City of Santa Ana Parks and Recreation Department retains a minimum fifty-one percent (51%) managerial oversight, which acts as a veto to check operations and ensure compliance with all contracts, the needs of the city, its residents, landowners, and entities.”

Amend Municipal Code, Chapter 31, adding Sec. 31-1.6.2 Public-Private Partnerships
Public-Private Partnerships (PPP) are encouraged for future sports complexes, and future sports parks. In all circumstances, and irrespective of the amount of financial investment the City has in any such partnership, the Parks and Recreation Department shall have majority managerial oversight.
All PPP contracts shall state “City of Santa Ana Parks and Recreation Department retains a minimum fifty-one percent (51%) managerial oversight, which acts as a veto to check operations and ensure compliance with all contracts, the needs of the City, its residents, landowners, and entities.”

Amend Municipal Code, Chapter 31, adding Sec. 31-1.6.3 Public-Private Partnership Revenues, Deposits, Disbursements, and Auditing.
Public-Private Partnership (PPP) sports complex and sports park revenues received by the City, shall be deposited into a separate budget account within the Parks and Recreation Department to augment and enhance operations, and shall not act to reduce normal City funding of Parks and Recreation.

Priority disbursements of said revenues shall first and foremost, go towards operations, maintenance and upgrades to City-owned public parks, athletic fields and facilities, and then to support other functions within the Parks and Recreation Department.

The City Manager, Parks and Recreation Department, and Finance Department, shall conduct auditing of receipts and disbursements on a project-by-project basis, shall report on such before the City Council semi-annually, and publish the results on the City’s website. All publication shall be prepared in an easy to read and comprehend format, in English, Spanish, and Vietnamese languages. All audits shall follow Governmental Accounting Standard Board (GASB) standards, and Generally Accepted Accounting Principles (GAAP).

Amend Municipal Code, Chapter 31, adding Sec. 31-1.6.4 Altering Status of Existing or Planned City-Owned Parks, Athletic Fields and Facilities
No existing or planned City-owned park, athletic field or facility shall be allowed to be transferred from City-owned or public status, to another status which would remove such park, field or facility from the protections of Chapter 31, Sections 31-1.6.1 through 31-1.6.7.

Amend Municipal Code, Chapter 31, adding Sec. 31-1.6.5 Contracts
All contracts for concessions regarding City-owned public parks, athletic fields and facilities, and concessions for public-private partnerships (PPP), shall state in bold 12-point type, the entirety of Chapter 31, Section 31-1.6.1.
All contracts for public-private partnerships (PPP), shall state in bold 12-point type, the entirety of Chapter 31, Section 31-1.6.2.

Amend Municipal Code, Chapter 31, adding Sec. 31-1.6.6 Amendments and Evasions
Amendments to Chapter 31, Sections 31-1.6.1 through 31-1.6.7 shall only be allowed by the voters, and only in a general election, not a special election.

The Mayor, City Council, City Manager, City Attorney, City employees, or any City appointed individual or entity, shall have NO AUTHORITY to take actions, nor issue contracts which act to evade or contravene Sections 31-1.6.1 through 31-1.6.7.

Amend Municipal Code, Chapter 31, adding Sec. 31-1.6.7 Severability
If any provision of this Act or the application thereof to any person, entity, or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act that can be given effect without the invalid provision or application.