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HomeMy WebLinkAbout11A - ORD AMEND EPIC JWF 3/1/07 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF SANTA ANA AMENDING SECTION 2-551 RELATED TO THE SANTA ANA EARLY PREVENTION AND INTERVENTION COMMISSION THE CITY COUNCil OF THE CITY OF SANTA ANA DOES ORDAIN AS FOllOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. By ordinance No. NS-2732, the City Council established the Early Prevention and Intervention Commission (EPIC) as an innovative public/private partnership dedicated offering Santa Ana youth alternatives to the gang involvement. B. A unique characteristic of the 17 -member EPIC is the appointment of a number of commission members directly by other public agencies, including local school districts. Some of those agencies have expressed a desire to appoint officers of their agencies including elected members of their governing boards. Such appointments would potentially implicate the constitutional principle of incompatible office, which, if applied, could cause an officer/appointee's office with his/her governing board to be involuntarily vacated. C. A cornerstone principle underlying EPIC is coordination and collaboration among public agencies impacting and serving the youth of Santa Ana. D. The City Council finds that the participation by officers of the public agencies who have been delegated the authority to appoint members to EPIC is in the public interest and would further the goals of EPIC as articulated in Ordinance NS-2732 and therefore the City Council wishes to expressly permit officers of other public agencies to serve on EPIC and in doing so render inapplicable the principle of incompatible office as applied to EPIC. E. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of 11A-1 Ordinance No. NS-_ Page 1 of 3 the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Sections 2-551 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 2-551. Members (a) The Commission shall consist of seventeen (17) members. Seven (7) members shall be subject to appointment and removal and shall serve terms in accordance with section 901 of the Charter of the City of Santa Ana. (b) Two (2) additional at-large members shall be appointed by the City Council. These members shall serve a maximum of two terms of four years each, and shall be subject to the same qualifications, term limits and removal as set forth in Section 901 of the Charter of the City of Santa Ana; except that the City Council may choose to appoint persons who are not qualified electors, in which case such members shall be non-voting members in the same fashion as those appointed pursuant to (c), below. (c) There shall be eight (8) additional non-voting members appointed as follows: one appointed by the governing board of the Santa Ana Unified School District; one appointed by the goveming board of the Garden Grove Unified School District; one appointed by the governing board of the Rancho Santiago Community College District; one appointed by the Santa Ana Chamber of Commerce; one appointed by another chamber of commerce in Orange County selected by the City Council; one appointed by the director of Orange County Probation Department; one appointed by the director of the Orange County Social Services Department; and one appointed by a faith-based organization in the community selected by the City Council. These members shall serve four-year terms, and a maximum of two terms of four years each. Said members shall be entitled to attend all meetings of the Commission and to participate in the discussions to the same extent as the Council-appointed members, but they shall not make, second, or vote on motions, or be counted for purposes of determining whether a quorum exists for voting purposes. (d) Persons appointed pursuant to subsection (c) by the Santa Ana Unified School District, the Garden Grove Unified School District, the Rancho Santiago Community College District, the Orange County Probation Department, and the Orange County Social Services Department may be an officer of their respective agency and/or a member of the governing board of the agency, whether elected or appointed. 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 Ordinance No. NS-_ Page 2 of 3 11 A-2 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 portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of ,2007 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Council members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 11A-3 Ordinance No. NS-_ Page 3 of 3 11A-4