HomeMy WebLinkAboutNS-2843ORDINANCE NO. NS-2843
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.
SECTION 2. The adoption of this ordinance is exempt from CEQA and a Notice of
Exemption will be filed if this ordinance is adopted.
Ordinance No. NS-2843
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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 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
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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(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 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) , 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-- Each February and September, staff shall strive to
host a community meeting in preparation of the annual budget, but in no event
shall these meetings be held any later than the last day of March or October,
respectively. 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
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 17th day of June 2013.
Ordinance No. NS-2843
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APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
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AYES: COUNCILMEMBERS Amezcua, Benavides, Martinez Pulido,
Reyna, Sarmiento (6)
NOES: COUNCILMEMBERS None (0)
ABSTAIN: COUNCILMEMBERS None (0)
NOT PRESENT: COUNCILMEMBERS Tinaiero (1)
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-2843 to be the original ordinance adopted by the City Council of the
City of Santa Ana on June 17, 2013 and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date: 2? ?J Ju 1v ?? .h?(?
C.?^ ley of the Council,
City of Santa Ana
Ordinance No. NS-2843
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