HomeMy WebLinkAboutCORRESPONDENCE_WSA_SACReD Coalition Proposed ChangesPUBLIC ACCESS TO MEETINGS
1) In Section 2-150 (1), omit the phrase "as required by the Brown Act." Reason: the Brown Act
requires 72 hours notice of City Council meeting agendas, thus this phrase is inaccurate and
confusing. /t is also unnecessary.
2) In Section 2-150 (3), revise the language to read as follows: "City Council meeting agendas must
include any reasonably anticipated future Council business relating to "development projects"
meeting the criteria set forth in Section 2-153(a)." Reason: the /anguoge in the staff report is
incredibly vague and allows such broad discretion that no projects may be listed. The preceding
language makes clear that the universe of projects required to be listed is the some as those
requiring community meetings as part of site plan review.
Agree ment(DDA)." Reason: Inclusion of projects that are subject to a DA or DDA is better
PUBLIC MEETINGS FOR CERTAIN DEVELOPMENT PROJECTS
1) In Section 2-151(a), remove the phrase "Development Agreement or Disposition and
Development Agreement," and in Section 2-151 (b), expand the definition of "City-sponsored
project" to include all development projects that are "the subject of a contract to which the City
is a party, including a lease, Development Agreement (DA) or Disposition and Development
achieved through this approach because a project cannot "receive" a DA or DDA in the way that
it receives the forms of subsidy in the Section 2-151(a) definition. Moreover, this pre-meeting
requirement should apply to al/ development projects for which the city is in a contracting (as
opposed to on/y regulatory) relationship and with which it accordingly has more opportunity to
negotiate to ensure the project meets community needs, not merely those projects subject to a
DA or DDA.
2) In Section 2-152, revise the second clause to require that applicants meet all community
meeting requirements set forth in Section "2-153", not "2-153(a)". Reason: the meeting
requirements are set forth in Sections 2-153 (6) - (i).
3) In Section 2-153(a)(3), add "Mitigated Negative Declaration" to the list of CEQA approvals.
Reason: Projects subject to Negative Declarations and full Environmental Impact Reports are
already included. This simply clarifies that projects subject to the intermediate Mitigated
Negative Declaration are covered as well.
4) In Section 2-153(a)(2), exempt from coverage under the new residential category any project
containing 100% affordable units. Reason: It is well established that 100916 affordable projects
face a disproportionately challenging road. Their multi-layered financing is much more complex
and restrictive than market-rate projects and they face outsized N/MBY opposition. The State
clearly favors the development of such projects in law and policy (see, e. g. density bonus
statutes, tax credit and bonding programs) and indeed state housing element requires
CCM: 09/17/2012
WSA
accommodation of such projects in loco/ /and use policy. Accordingly, the city is on solid ground
in offering this minor procedural exemption for such projects.
5) In Section 2-153(a), add to list of covered projects "Development projects involving the
acquisition of residential property by the City or the applicant or the removal of any existing
residential rental unit from the market" Reason: A//owing odeguate, ear/y space for pub/ic input
into projects that may remove residential units is critically important. This importance is also
recognized in state redevelopment and eminent domain /aw.
6) In Section 2-153(e), omit the provision allowing for adjustment of meeting times based on what
is convenient for the "meeting attendees." Reason: the guidelines around meeting times are to
maximize the accessibility of meetings for all segments of the population. This provision, as
written, could allow meetings to take place at hours that do not meet that goal-
7) Add a new Section 2-153(i) requiring the City to (a) consider the public input and any written
public comment received within 10 days of the meeting as part of the administrative site plan
review comments and (b) identify input or comments received from the public that it includes in
its plan review comments. Reason: Under the staff report's proposed approach, the City's p/an
review comments provide the critical vehicle for consideration of public input. /n the absence of
the provisions suggested here, there is nothing to ensure that the City even takes public input
into account in formulating its plan review comments.
8) Amend Section 2-152 to add a provision requiring the applicant to include an attachment to any
application for discretionary approval explaining how the applicant incorporated public input or
comments in its project plans. Reason: As noted, under the staff report's proposed approach, the
plan check comments, and the developer's response thereto, are the central means by which
public input may be considered. The provisions suggested here provide on exceedingly modest
means of allowing the public to know whether and how their input has been considered- This
approach is consistent with the principle of not creating additional delay in the approval process.
9) Amend Section 2-153(b) to add a provision requiring the applicant to hold a second community
meeting prior to submission of the application for discretionary approval at which it will review
the public input and comment it has received and discuss ways in which it has incorporated such
comments into its plans. Reason: this offers the pub/ic an opportunity to see, and the deve/open
to showcase, all of the ways in which the developer has responded to community input in a
setting that is more collegial, less circumscribed and less high stakes than a City hearing on the
applicant's land use entitlements. This meeting, at a time of the applicant's choosing, should not
delay the development application process in any substantial way.
RFP
1) Clarify that RFP ranking results must be made available on the City's website immediately
following the decision to ensure transparency in the RFP process. Clarify that score sheets and
other materials must be made available for public inspection after the conclusion of contract
negotiations. Reason: as drafted, the staff report ordinance uses permissive language that gives
the City complete discretion not to make these important materials available.
Open Calendars
1) Reject Option 2 of the staff recommendation regarding open calendars. Reason: Option 2 does
not provide easy public review of the calendars of public officials in order to ensure public
confidence and the integrity of local government.
2) Adopt a moed version of Option 1 that requires the City Council, the mayor, and the City's
executive management team to post their calendar in the City's website for public review-
Reason: The public's interest in transparent government is no less great with respect to top City
officials than it is with respect to Council members-
3) SACRED also recommends that the open calendar exception for "those who may fear
retaliation" be narrowed. Reason: the staff report ordinance language related to this important
exception is so vague and broad that it may create a massive loophole to the rule. For example,
a lobbyist for the developer of a controversial project "may-fear "retaliation" from members of
the public who oppose the project for repeatedly meeting with city officials-
Lobbyist Registration
1) Amend Section 2-156(b) to make it mandatory for lobbyists who are paid at least $250 per
month to register on a yearly basis before they conduct lobbying activities. Reason: the staff
report ordinance provisions are not sufficient because registration is neither mandatory nor
required regularly. This approach will not provide the public with information vital to ensuring
confidence in the integrity of local government particularly regarding individuals and entities
that are involved with both candidate campaigns and legislative activity.
Budget and Strategic Plan Meetings
1) Add a provision providing for January and August hearings regarding the budget to educate the
community and obtain community input before the budget is approved by City Council and
make the budget process more accessible to community members. Provide for meetings with
City staff regarding the budget upon written request signed by 30 or more City residents-
Reason: This modest request allows the public to provide informed feedback to City officials
regarding the budget in an efficient, focused, appropriate manner with minimal impact on staff
time and resources-
2) Add a provision requiring the City to, each January, adopt three year strategic plans following a
public meeting, and followed by subsequent review meetings each August, with meetings
noticed conducted according to the rules for community meetings under Section 2-153. Reason:
the staff report ordinance language neither actually requires the City to have o strategic p/an nor
to conduct a meeting regarding that plan at any particular time. One public meeting during
preparation and one annual review of the plan is an exceedingly modest requirement that wil!
promote public involvement in and understanding of the plan and the City's efforts to meet its
goa/s.
ORDINANCE NO. NS-XXX
(jxs 09/13/12)
AN ORDINANCE OF THE CITY OF SANTA ANA ADDING
ARTICLE II.I through ARTICLE II.III to CHAPTER 2 OF THE
SANTA ANA MUNICIPAL CODE RELATING TO THE CITY
OF SANTA ANA SUNSHINE ORDINANCE
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. That all public agencies' actions, to the greatest extent possible, should be
taken openly and that their deliberations should be conducted openly.
B. An informed public is essential to democracy. It is the goal and intent of
the City of Santa Ana Sunshine Ordinance that citizens of Santa Ana have
timely access to information, opportunities to address the various
legislative bodies prior to decisions being made, and easy and timely
access to public records.
C. The City Council's duty is to serve the public, reaching its decisions in full
view of the public.
D. The City Council, appointed legislative bodies, and other city officials exist
to conduct the People's business.
E. The City Council reaffirms its commitment to the purpose of the Brown Act
that "all meetings of the legislative body of a local agency shall be open
and public, and all persons shall be permitted to attend any meeting of the
legislative body of a local agency."
F. That while the Brown Act and Public Records Act exist to facilitate public
participation in local government decisions and to curb misuse of the
democratic process by secret legislation by public bodies, the Santa Ana
Sunshine Laws are designed to reaffirm and strengthen the need for
transparency as represented by these laws.
G. The City Council enacts this Sunshine Ordinance to ensure that the
people of Santa Ana remain in control of the government that they have
created.
Ordinance No. NS-XXX
Page 1 of 10
SECTION 2. The adoption of this ordinance is exempt from CEQA and a Notice of
Exemption will be filed if this ordinance is adopted.
SECTION 3. Chapter 2, ARTICLE II.I, Section 2-150 of the Santa Ana Municipal
Code is hereby added such that it reads as follows:
ARTICLE II.I
PUBLIC ACCESS TO MEETINGS
Sec. 2-150. -Meetings and Agenda Postings for City Council
Pursuant to Government Code Section 54953.7 of the Brown Act the City
of Santa Ana is imposing the following additional requirements on itself to allow
greater community access to its meetings:
(1) City Council meeting agendas as regu+re? '^?• +h° '??^•-•^ ^ * must be
posted at least 96 hours before anytkie meeting of the City Council.
(2) The City will make nNotices of City Council meetings c?',°
accessibleed on;-i-nom at the City's web site in various languages including
Spanish through the use of Goog/e Translation.
(3) City Council meeting a,4gendas mus?il-I include any reasonably
anticipated t+st future Council business relating to "development
projects" meeting the criteria set forth in Section 2-153(a) iteT;-rs?^
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SECTION 4. Chapter 2, ARTICLE 11.11, Section 2-151 of the Santa Ana Municipal
Code is hereby added such that it reads as follows:
ARTICLE II.II.
PUBLIC MEETINGS FOR CERTAIN DEVELOPMENT PROJECTS
Sec. 2-151. -Definitions
For purposes of this article, the following terms have the following respective
meanings:
a) Pub/ic subsidy: As used in this division, the term "public subsidy" means
financial assistance provided by the City, including, but not limited to:
grants; rent subsidies or reductions; loans; loan forgiveness; City-issued
bond financing; a sale or lease of City-assembled land for less than its fair
Ordinance No. NS-XXX
Page 2 of 1 O
market value (i.e., a "land write-down"); ^^?•^?^^-?-•?^+ ^,.??,.?..-,..
?.....,,...... ..... ?.,...?.., y....?.?. 9 g
^??^^°?+?^^ ^d ^°::°!^^^,^ * ,^, *? contin ent obli ations taken on
by the City such as any guarantee or pledge of City funds; and any City
fee or tax reduction or waiver.
b) City-sponsored deve/opment project: any development project that has
received or will receive public subsidy from the City?+ ?^^*^ ^^^, or that
is the subject of an agreement to which the City is a party, including
but not limited to any lease, Development Agreement or Disposition
and Development Agreement.
c) Community meeting: any meeting required pursuant to Section Sec. 2-
153(a) whose purpose is to provide input into the review of development
projects.
SECTION 5. Chapter 2, ARTICLE II.II, Section 2-152 of the Santa Ana Municipal
Code is hereby added such that it reads as follows:
Sec. 2-152. -Plan Approval
Prior to the submittal of the application for discretionary approval which
meets the criteria of Section ?e? 2-153(a), the applicant shall meet all community
meeting requirements as set forth in Ssection 2-1530. The applicant shall
include with its application for discretionary approval an attachment
describing the specific ways in which the applicant has incorporated input or
comments received from the public in connection with the community
meeting process described in Section 2-153.
SECTION 6. Chapter 2, ARTICLE II.II, Section 2-153 of the Santa Ana Municipal
Code is hereby added such that it reads as follows:
Sec. 2-153 - Public input through community meetings prior to discretionary
approval
(a) Applicability: The requirements of ARTICLE II.II apply to
development projects requiring discretionary approval and that meet one or more
of the following criteria:
City-sponsored development projects;
Ordinance No. NS-XXX
Page 3 of ? O
2. New residential projects containing 25 or more units, except for
projects in which all of the units will be restricted affordable
units reserved for households with incomes at or below eighty
percent of the Area Median Income;
3. New non-residential projects (including additions to existing
buildings) of 10,000 square feet or more and which are, in the
determination of the City, subject to a Negative Declaration,
Mitigated Negative Declaration or Environmental Impact Report
as defined under the California Environmental Quality Act;
4. Development projects requiring a zone change, Specific Plan
amendment, or General Plan amendment; and
4'?. Development projects involving the acquisition of residential
property by the City or the applicant or the removal of any
existing residential rental unit from the market-
(b) ^r'?^^o??a+??timing a# Csommunity meetings: For those
development projects that meet the criteria listed in Sec. 2-153(a), the applicant
shall hold one community meeting no later than 20 days after submittal of an
application for administrative site plan review. Should the applicant fail to hold the
community meeting within this time, the completion of administrative site plan
review shall be delayed until such time as the community meeting is held- For
those development projects that meet the criteria listed in Sec. 2-153(a), the
applicant shall hold a second community meeting at any point between
receipt of the City's administrative site plan review comments and
submission of the applicant's first application for discretionary approval,
during which meeting the applicant will review the public input and
comments it has received and discuss ways in which it has incorporated
such comments into its plans.
(c) Noticing: Notice of anytl?e community meeting held under this
Section shall be provided to all property owners, and occupants having a valid
United States Postal Service address within a 500 foot radius of the subject
property- Said notice shall be mailed no less than 1 O days prior to the community
meeting. The notice shall also be posted on the development project site and
published in a newspaper of general circulation no less than 1 O days prior to the
community meeting. The City shall then post the notice on the City's website. It
shall be the sole responsibility of the applicant to prepare and distribute this
notice.
(d) Notice content: The notice shall include the time, place and date of
the community meeting; a map depicting the location of the subject property,
including the properties contained within the notification boundary; a brief
description of the project; and the applicant's contact information. The notice
Ordinance No. NS-XXX
Page 4 of 1 O
shall be written in English and Spanish and include instructions as to how to
request language interpretation services for those wishing to have interpretation
during the community meeting in languages other than English.
(e) Community meeting time and place: The community meeting
shatlstie-u-Id be held either on a weeknight during the early evening hours or on a
Saturday- '+ *h°?° ?,? ---' s*anses under whieh it is mare +
far th ^ t ? ^++°--1+^^? +-? --*+°?-+ +ti?meeting?t a different time, *? '" +
.,-,-.., -.,?,:,,?++ti° ..,°°+:..,. +:..,?, .. .+? ? .The meeting shall be held in any facility
that is accessible to the public and that is no more than 1 mile from the project
site. Should there not be any such facilities available in the required area, the
applicant may arrange, at their own expense and subject to availability, to use
the next closest City facility.
(f) Community meeting language interpretation: Should the applicant
receive a request for language interpretation services prior to the meeting,???l-:ell
be the applicant'° ?° ?'h:':+„ +^ shall arrange for such services to be available
at the community meeting.
(g) Community meeting format and content: During the community
meeting the applicant shalls-a-Icy give a presentation detailing the components of
the proposed development project and a description of any impacts or benefits to
the community, and provide contact information so that members of the public
can contact the applicant?+ for further information. The applicant shallst+4El allow
enough time for the attendees to ask questions and provide input- The applicant
shall prepare detailed minutes of the meeting including a written record of the
comments provided by the community members.
(h) Providing information to City after community meeting: Not less
than four days following the community meeting the developer shall submit to
the City an affidavit under penalty of perjury that the required community
meeting was held in compliance with this section and will submit copies of all
notices, notification lists, site postings, advertisements, or other communications
used to publicize the meeting. The applicant shall also provide to the City a
copy of the minutes and the written record of the public comments made at the
community meeting. The City will maKe public input will-??,,,,?d?part of the
public record and include the public input d as an attachments to Planning
Commission staff reports.
{#?(i) City consideration of public input in site plan review: In preparing the
administrative site plan review of any project subject to this section, the
City will consider the public input received during the community meeting
and any written public comment received within 10 days of the community
meeting and identify input or comments received from the public that it
includes in its plan review comments-
Ordinance No. NS-XXX
Page 5 of 1 O
(+)(j) Notice of planning commission public hearings shall be in
conformance with the requirements provided in section 2-153(c), except that it
shall be the responsibility of the applicant to provide the director of planning and
development services the mailing lists of the names and addresses of those
entitled to receive notice under subsection 2-153(c). The noticing provisions
contained 2-1 53(c) shall supersede those contained in section 41 -672.
Ordinance No. NS-XXX
Page 6 of 1 O
SECTION 7. Chapter 2, ARTICLE II.III, Section 2-154 of the Santa Ana Municipal
Code is hereby added such that it reads as follows:
ARTICLE II.III.
PUBLIC INFORMATION AND PUBLIC RECORDS
Sec. 2-1 54 -Access to Contracts, Bids and Proposals
(a) All initial City Requests for Proposals ("RFP's") shall be kept in a
central repository and shall be made available for public inspection upon request.
In addition, RFP's shall be placed on the City's website for a period from the date
the RFP was issued to the date that the RFP is due and for a period of 30 days
after the RFP is awarded the City shall notice on the City website the name of the
person or company awarded the contract.
(b) Contracts, contractors' bids, responses to requests for proposals
and all other records of communications between the department and persons or
firms seeking contracts shall be open to inspection immediately after a contract
has been awarded. Nothing in this provision requires the disclosure of a private
person's or organization's net worth or other proprietary financial data submitted
for qualification for a contract or other benefit. All bidders and contractors shall
be advised that information provided which is covered by this subdivision will be
made available to the public upon request. Immediately after any review or
evaluation or rating of responses to a RFP has been completed, the City shall
post a ranking of the firms on the City websitec?^ '?° ^,?^'^ ^ ???--???_ The City
shall make evaluation forms and score sheets used by persons in the RFP
evaluation or contractor selection process mad;-?e-m??available for public
inspection after contract negotiations have been concluded-
Ordinance No. NS-XXX
Page 7 of 1 O
SECTION 8. Chapter 2, ARTICLE II.III, Section 2-1 55 of the Santa Ana Municipal
Code is hereby added such that it reads as follows:
CALENDARS OPTION 1:
Sec- 2-155 -Calendars of Certain City Officials
(a) Members of the City Council (including the Mayor), the City
Manager, Clerk of the Council, City Attorney, Community Development Agency
Director, Finance and Management Services Director, Parks, Recreation and
Community Services Director, Planning and Building Director, Planning and
Building Director Police Chief, Director of External Affairs, and Public Works
Director shall maintain a monthly City Calendar.
(b) The Calendar shall include all scheduled City-related appointments,
meetings, including regular and special City Council meetings, public events or
speaking engagements, meetings with developers, meetings with union
representatives, meetings with consultants, meetings with lobbyists, regional
meetings, and meetings of subcommittees or task forces. The description shall
include the meeting's duration, and shall include a listing of all principal
individuals present at these meetings.
(c) The Calendars of the Mayor, City Council, axed City Manager, and
the other department heads listed in subsection (a) shall be a public record
subject to inspection during normal business hours at the office of the Clerk of
the Council and additionally available in electronic format on the City's official
website- The Mayor, Council members and the other department heads listed
in subsection (a) shall be trained in the operation and procedures for entering or
re-entering data into an automated calendaring system maintained on the City's
website-
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(d) Each City-related appointment must include the following
information: name(s), title(s), affiliated organization(s) and a general statement of
the issues discussed- The following information shall be exempted:
(1) Personal appointments;
(2) Information protected by the attorney-client privilege;
(3) Information about attorney work product;
(4) Information about City staff recruitment;
(5) Information about a personnel issue;
(6) Information about corporate recruiting and retention;
Ordinance No- NS-XXX
Page 8 of 1O
(7) Information about criminal investigations and security;
(8) Information about whistle blowers;
(9) Information about those who +nay reasonably fear that public
disclosure of the fact of their appointment will result in
retaliation that will result in significant economic, physical or
other tangible harm; and
(10) Information that is otherwise prohibited from disclosure.
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Ordinance No. NS-XXX
Page 9 of 1 O
SECTION 9. Chapter 2, ARTICLE II.III, Section 2-156 of the Santa Ana Municipal
Code is hereby added such that it reads as follows:
Sec. 2-1 56 -Lobbyist Registration
(a) LOBBYISTS ON BEHALF OF THE CITY
(1) "City Lobbyist" means (i) any person or entity that is designated to
represent the City and (ii) that receives compensation for
influencing legislative or administrative action or that compensates
its employees or members for their lobbying activities.
(2) No person shall be deemed a labb??ist an beha'Fr--??City
Lobbyist under Ssection 2-156(a)(1); unless that person receives
or becomes entitled to receive at least $250 total compensation in
any month for influencing legislative or administrative action on
behalf of the City of Santa Ana. No business or organization shall
be deemed a City Loobbyist under Ssection 2-156-(a)(1) unless it
compensates its employees or members for their lobbying activities
on behalf of the City of Santa Ana, and the compensated
employees or members have at least 25 separate contacts with
local, state, regional or national officials for the purpose of
influencing legislative or administrative action within any two
consecutive months. C"T?ta-I-eompensation" shall be calculated by
combining all compensation received from the City of ??^+? ^^^
during a month of lobbying activities on matters at the local, state,
regional or national level. C"T^*?' ^ .,.,4.0,- „f --ontacts" shall be
calculated by combining all contacts made during a two-month
period on behalf of the City of ??^?^ ^^? for all lobbying activities
on matters at the local, state, regional or national level.
(3) Funds of the City of Santa Ana shall not be used to support any
lobbying efforts to restrict public access to records, information, or
meetings, except where such effort is solely for the purpose of
protecting the identity and privacy rights of private citizens.
(b) REGULATIONS GOVERNING SPECIAL INTEREST LOBBYISTS AND
CONTACTS WITH ELECTED OFFICIALS
(1) "Special Interest Lobbyist" means any person or entity other
than a City Lobbyist that is paid at least $250 in total
compensation in any month ? a-n-d to represents any
Ordinance No. NS-XXX
Page 10 of 10
person, non-City agency, organization, or entity seeking to
influence City policy.
(2) Before conducting lobbying activities in the City of Santa Ana,
Special Interest Lobbyists r?ra} shall file a year 1 y report with
the Clerk of the Council specifying the general nature of the
issues they are trying to influence, compensation ranges
received from their clients, all campaign contributions to elected
City officials, all fundraising activities conducted o n behalf of
elected City officials, all contributions to political campaigns or
charities made at the behest of City officials, all payments
received for services as a consultant to the City or
Redevelopment Agency, and any compensated work performed
as a campaign consultant for any elected City official. The City
may institute a registration fee established by the City
Council. The City will make these reports available to the
public upon request-
Ordinance No. NS-XXX
Page 11 of 10
SECTION 10. Chapter 2, ARTICLE II.III, Section 2-157 of the Santa Ana
Municipal Code is hereby added such that it reads as follows:
Sec. 2-157 -- Public Meetings related to City three-year Strategic Plan and Annual
Budget
(a) City Strategic Plan -Creation and Public Hearings
(1) Not later than January 31, 2013, and every three years thereafter, the
City Manager shall prepare and submit to the City Council a strategic
plan setting forth the City's mission, core values, three year goals,
detailed measureable objectives and key performance measures.
Prior to submitting the strategic plan to the City Council, the City
Manager will conduct a public meeting to review a draft of the plan
with the public and receive input from the public regarding the plan.
{a?;?) Each Auguste^^? +;.Y,r, +^ +:.,-,^ the City Manager will
conducts rd-ins-te a public meeting to present the City's three (3) year
Strategic Plan to the community. The purpose of the meeting will be
reviewshae the City's progress in achieving its plan and goals with the
community and to gain public input on any issues related to the City's
three (3) year Strategic Plan.
(b) In connection with the preparation of#sr the annual budget, each January and
August, and upon the written request of at least 30 City residents, City staff
will conduct-+r-aloe-itself nvs?lable to eaardinate, ^+ ??- ? +
+h.-,.?,,.tir.,,++?o ,,;+., a community meetings with neighborhood associations,
community groups, and other members of the publics, ^?^s-to present the
budget and discuss the budget process and any other issues related to the
budget-
{?)(c) The notice for and format of any public or community meeting held
under this Section shall be in conformance with the requirements of
Sections 2-1 53 (c) - (f).
Ordinance No. NS-XXX
Page 12 of 1O
SECTION 11 _ 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 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 day of 2012_
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Maria D_ Huizar, Clerk of the Council, do hereby attest to and certify that the attached
Ordinance No_ NS-XXX 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
Ordinance No. NS-XXX
Page 1 3 of ? O