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Home My WebLink AboutNS-2762 - Amending or Repealing Sections 2-100 through 2-104 of Santa Ana Municipal Code...(JWF 1/22/08) ORDINANCE NO. NS-2762 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING OR REPEALING SECTIONS 2-100 THROUGH 2-104 OF THE SANTA ANA MUNICPAL CODE RELATED TO RULES AND PROCEDURES FOR MEETINGS OF THE CITY COUNCIL. 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. Section 409 of the Santa Ana City Charter calls for the city council to adopt rules and procedures for the scheduling and conducting of meetings of the city council. B. The Ralph M. Brown Act found at Chapter 9, Part 1 of Division 2 of Title 5 of the California Government Code beginning with Section 54950 (the "Brown Act") sets forth statewide standards for meetings of local agencies • including the Santa Ana City Council. C. The city council desires to update the standards in the Santa Ana Municipal Code for city council meetings, including rules of decorum, in order to conform with the state law and to provide for well-managed, efficient and accessible meetings. D. 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 the city council, but rather such provisions are repeated for tracking purposes only in conformance with the charter. Section 2. Section 2-100 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 2-100. Council meetings, time and place; applicability of state law. (a) Regular meetings of the city council shall be held on such days and times and in such places established by resolution of the city council. C: Ordinance No. NS-2762 Page 1 of 3 (b) All actions undertaken regarding the scheduling or conducting of meetings of the city council shall be in accordance with The Ralph M. Brown Act found at Chapter 9, Part 1 of Division 2 of Title 5 of the California Government beginning with Section 54950, as existing now or as may be amended from time to time. Further references in this chapter to the Brown Act shall be in reference to such provisions. Section 3. Section 2-102 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 2-102. Agenda. The clerk of the council shall prepare an agenda for each regular and special meeting of the council as directed by the council by resolution or motion. The agenda shall comply with the Brown Act. Section 4. Section 2-102.5 of the Santa Ana Municipal Code is hereby repealed in its entirety. Section 5. Section 2-103 of the Santa Ana Municipal Code is hereby repealed in its entirety. Section 6. Section 2-104 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 2-104. Rules of Procedure; Decorum and order. (a) The city council shall, by resolution, adopt a reference for rules of procedure. (b) The city council shall, by resolution, adopt rules of decorum and order for its meetings. Such rules shall include time limits and other standards for debate and discussion by the city council and for the public's addressing the city council. (c) The presiding officer shall have the duty of maintaining order at all times and may direct that any person disturbing the meeting, speaking without permission, violating the city council's rules of decorum and order, or otherwise acting in a disorderly manner, be removed from the place of meeting, and any peace officer present shall carry out, such order. No person shall violate the order and decorum of a council meeting, speak without permission, or do anything which may interfere with the effective deliberation of the council. Any violation of this provision is declared to be a misdemeanor and any person violating the same may be prosecuted on a complaint signed by the presiding officer or any person acting under his direction. Any peace officer present in the council chambers or place of meeting shall arrest any person violating this provision if ordered so to do by the presiding officer or by a vote of the council. Section 7. 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 Ordinance No. NS-2762 Page 2 of 3 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 portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this 3rd day of March, 2008 APPROVEDAS TO By: roph W. Fletc ity Attorney AYES: Councilmembers: Alvarez, Benavides, Bustamante, Martinez, • Pulido, Sarmiento, Tinajero (7) NOES: Councilmembers: None, (0) ABSTAIN: Councilmembers: None 0 NOT PRESENT: Councilmembers: None (0 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-2762 to be the original ordinance adopted by the City Council of the City of Santa Ana on March 3, 2008, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Patricia E. Healy Clerk of the Council City of Santa Ana • Ordinance No. NS-2762 Page 3 of 3