HomeMy WebLinkAboutNS-2094 - Of Santa Ana Municipal Code to Limit City Council Action to Items Listed on Agenda Subject to Certain Exceptions031
REL: 10/3/90
ORDINANCE NO. NS- 2094
AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING
SECTION 2-102 OF THE SANTA ANA MUNICIPAL CODE
AND ADDING SECTION 2-102.5 TO LIMIT CITY
COUNCIL ACTION TO ITEMS LISTED ON THE AGENDA
SUBJECT TO CERTAIN EXCEPTIONS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
SECTION 1: That section 2-102 of the Santa Ana Municipal Code
is hereby amended to read as follows:
Sec. 2-102. Agenda.
The clerk of the council shall prepare an agenda for each
regular meeting of the council containing all items known
by such officer to be considered by the council. The
order of placing items on the agenda shall be as directed
by the council. The agenda shall contain a brief general
description of each item of business to be transacted or
discussed at the meeting and shall specify the time and
location of the regular meeting.
The agenda shall provide an opportunity for members of
the public to directly address the city council.
Ail items proposed for the agenda shall be filed with the
clerk of the council before Tuesday noon preceding each
regular meeting and the clerk shall cause a copy of the
agenda, together with information copies of important
agenda material, to be delivered to each councilman at
the place designated by him or her in the city during the
Thursday next preceding the regular council meeting.
Copies of the prepared agenda shall be made available to
the members of the public attending the regular council
meeting by placing the same near the entrance to the
place of meeting.
At least seventy-two (72) hours prior to the regular
meeting of the council, the clerk of the council shall
post a copy of the agenda in a location that is freely
accessible to members of the public.
SECTION 2: That the Santa Ana Municipal Code is hereby
amended by adding a section, to be numbered 2-102.5, which said
section reads as follows:
ORDINANCE NS-2094
02gPAGE TWO
Sec. 2-102.5. Limitation to agenda items.
(a) No action shall be taken by the city council on
any item not appearing on the posted agenda.
(b) Notwithstanding subsection (a) of this section,
the city council may take action on items of business not
appearing on the posted agenda under any of the following
conditions:
(1) Upon a determination by a majority vote
of the city council that an emergency situation
exists, as defined in section 54956.5 of the
Government Code of the State of California.
(2) Upon a determination by a two-thirds vote
of the city council, or, if less than two-thirds of
the members are present, a unanimous vote of those
members present, that the need to take action arose
subsequent to the agenda being posted as specified
in section 2-102.
(3) The item was posted pursuant to section
2-102 for a prior meeting of the city council
occurring not more than five calendar days prior to
the date action is taken on the item, and at the
prior meeting the item was continued to the meeting
at which action is being taken.
SECTION 3: If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City
of Santa Ana hereby declares that it would have adopted this
ordinance and each section, subsection, sentence, clause, phrase or
ORDINANCE NS-2094
PAGE TNREE
portion thereof irrespective of the fact
sections, subsections, sentences, clauses,
declared invalid or unconstitutional.
that any one or more
phrases, or portions be
ADOPTED this 19th day of November , 199_Q_.
ATTEST:
COUNCILMEMBERS:
Young Aye
Acosta Aye
Griset Aye
May Aye
McGuigan Aye
Norton Aye
Pulido A.¥e
APPROVED AS TO FORM:
er