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HomeMy WebLinkAbout50A - ORDINANCE - AMEND SUNSHINE ORDINANCEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 3, 2013 TITLE: RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1st Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt an ordinance amending certain Municipal Code sections related to the Sunshine Ordinance (sections 2-155 and 2-157) to improve functionality and maintain transparency. DISCUSSION In October, 2012, the City Council adopted a Sunshine Ordinance to ensure that the City operates in an open and transparent manner. Although the City Council and staff are committed to the principles incorporated into the Sunshine Ordinance, there are some recommended changes to the provisions that are necessary in order to reflect effective operations. The proposed amendment incorporates several changes to timelines contained in the provisions of the ordinance: the date of the submittal and annual review of the City's five-year strategic plan, the annual budget meeting dates, and the date for the monthly posting of the calendars of public officials. Five-year Strategic Plan The City initiated a strategic planning project in June 2012 that was divided into two phases. The first phase, which was to develop a set of priorities for the 2012-13 fiscal year, was completed in November 2012. The second phase, which is to develop a five-year strategic plan, was scheduled to begin in January 2013 in order to be completed by June 2013 as prescribed in the Sunshine Ordinance. However, due to a transition in City management, the initiation of this phase of the project was delayed. In April and May, 2013, a subcommittee of the City Council, together with department head and City Manager Office representatives, met with the consultant facilitating the strategic plan process to develop a revised schedule. The subcommittee determined that it is imperative for the new City Manager to participate in the process of defining the City's strategic plan. As the current schedule for the City Manager recruitment anticipates the arrival of the new manager in September, the revised schedule provides for public input and a series of workshops that will culminate in the consideration of the adoption of the plan by the City Council in November, 2013. 5OA-1 ORDINANCE AMENDING SECTIONS 2-155 AND 2-157 OF THE MUNICIPAL CODE - THE SUNSHINE ORDINANCE Ordinance Amending the Sunshine Ordinance June 3, 2013 Page 2 In order to ensure ample opportunity for public input and allow some flexibility in the scheduling of meetings, it is recommended that the language in Section 2-157(a)l be amended to provide that the initial five-year strategic plan will be submitted to the City Council by the end of the 2013-14 fiscal year. Additionally, it is recommended that the language related to the scheduling of the City Manager's public meeting to review with the City's progress in achieving the goals of the strategic plan with the community as identified in Section 2-157(a)2 be amended from specifying that the meeting will be held in September to ensuring it will be held once each fiscal year. Annual Budget Meetings To avoid interrupting the staff processes involved in preparing the budget proposal, the Finance Director recommends that the annual budget meetings dates specified in Section 2-157(b) be changed from February and September to March and October. Further, to allow for flexibility in conducting additional meetings at the request of neighborhood associations, community groups, or other members of the public, it is recommended that the language specifically allow the Finance Director to work with the person or group requesting the meeting to determine a mutually acceptable date for the meeting. Open Calendars In order to reflect the time necessary to complete and post the calendars of the City Officials, it is recommended that the language in Section 2-155(c) be amended to specify that the calendars shall be made available on the tenth business day of the month, rather than the first. FISCAL IMPACT There is no fiscal impact associated with this action. 5OA-2 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 2-155 AND 2-157 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 5OA-3 Page 1 of 4 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. Section 2-155 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language ted language in strikeout for tracking purposes only): 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, Police Chief, Director of External Affairs, Public Works Director, Deputy City Manager, and any additional persons in management positions that are considered part of the City's Executive Management Team shall maintain a monthly City Calendar. (b) The Calendar shall include all scheduled City-related appointments, meetings, including regular and special City Council meetings, meetings with developers, meetings with union representatives, meetings with consultants, meetings with lobbyists, regional meetings, and meetings of subcommittees or task forces. (c) The Calendars of the Mayor, City Council, and City Manager, and 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 calendar shall be made available on the first tenth business day of each month and shall reflect the schedules of the previous month. (d) Each City-related appointment must include the following information: name(s), title(s), and affiliated organization(s). The following information shall be exempted: (1) Personal appointments, including personal business 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; (7) Information about criminal investigations and security; (8) Information about whistle blowers; (9) Information about those who reasonably fear that public disclosure of the fact of their appointment will result in Ordinance No. NS-XXX Page 2 of 4 5OA-4 retaliation that will result in significant economic, physical or other tangible harm; and (10) Information that is otherwise prohibited from disclosure. (e) Any violation of this section relating to calendars shall not be a basis for any criminal prosecution. SECTION 4. Section 2-157 of the Santa Ana Municipal Code is hereby added such that it reads as follows (new and deleted language in underline and strikeout for tracking purposes only): Sec. 2-157 -- Public Meetings related to City five-year Strategic Plan and Annual Budget (a) City Strategic Plan-Creation and Public Hearings (1) Not IateF thaR appFeval ef the annual budget begiRRing with the 201312014 ffiSGal °r and-eueFy five ye efeafter-, Not later than the end of Fiscal Year 2013/14 and at least every five years thereafter, the City Manager shall prepare and submit to the City Council a strategic plan setting forth the City's mission, core values, five year goals, detailed measurable 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. (2) EaGh Septernbe , Each Fiscal Year the City Manager will conduct a public meeting to present the City's five (5) year Strategic Plan to the community. The purpose of the meeting will be to review 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 five (5) year Strategic Plan. (b) Annual Budget Meetings. In connection with the preparation of the annual budget, each March Fes and October co„+omhor OF ,,.,,,r, the ,,r;++e„' request of at least 3n Gity Feside^City staff will conduct a community meeting with neighborhood associations, community groups, and other members of the public to present the budget and discuss the budget process and any other issues related to the budget. If at least 30 or more city residents submit a written request for additional meetings to discuss the budget the Finance Director shall respond to the request and work with the a representative of the requesting group to establish a date, time and place for a meeting.. SECTION 5. 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 Ordinance No. NS-XXX 5OA-5 Page 3 of 4 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 2013. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: AYES: NOES: Councilmembers 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 4 of 4 5OA-6