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HomeMy WebLinkAbout50A - ORD - COUNCIL MTG TIME AND DECORUMREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 7, 2014 TITLE: ORDINANCE AND RESOLUTION RELATING TO CITY COUNCIL MEETING SCHEDULE AND ORDER OF BUSINESS AT COUNCIL MEETINGS — RULES OF DECORUM (STRATEGIC PLAN NO. 5, 1) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: rG1 :109TL ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt an ordinance amending Sections 2 -104 and adding sections 2 -110 and 2 -111 of the Santa Ana Municipal Code relating to rules of decorum. Adopt a resolution establishing the time and place of regular City Council meetings. DISCUSSION On February 4, 2008, the City Council established rules and procedures for meetings of the City Council by adopting Ordinance No. NS -2762 and Resolution No. 2008 -010. Since then, the resolution was amended August 3, 2009, September 19, 2011, June 18, 2012, and May 6, 2013 to change meeting start time and include elements necessary to maintain decorum. The attached resolution revises the Closed Session start time to 4:30 p.m. and the Regular Open Session to 5:15 p.m. The proposed ordinance provides the Council with more flexibility in conducting its regular Council meetings by streamlining some procedures for public comment in compliance with state law while continuing to ensure that the business of the City is carried out effectively. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). 50A -1 Amending City Council meeting time and rules of decorum Page 2 of 2 October 7, 2014 FISCAL IMPACT There is no fiscal impact associated with this item. Attachments 1. Ordinance (strikeout version) 2. Ordinance (clean copy) 3. Resolution 50A -2 EXHIBIT 1 ORDINANCE (STRIKE OUT VERSION) y 1 J (jxs 10/07114) ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTION 2- 104 AND ADDING SECTIONS 2 -111 AND 2 -112 TO THE SANTA ANA MUNICIPAL CODE RELATING TO CITY COUNCIL MEETINGS RULES OF DECORUM 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 City Charter and Sections 2 -100 et seq. of the Santa Ana Municipal Code call 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 Government Code Section 54950 et seq. ( the "Brown Act ") sets forth statewide standards for meetings of local agencies including the City of Santa Ana City Council. 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. An informed public is essential to democracy. It is the goal and intent of this ordinance that citizens of Santa Ana have opportunities to address the City Council prior to decisions being made and the ability to attend and participate in the People's business in an efficient manner and without disruption. F. The City Council recognizes that City Council meetings, where the public is afforded the opportunity to address the Council, are the focus of highly important individual and governmental interests. Citizens have an enormous first amendment interest in directing speech about public issues to those who govern their city and that speech cannot be limited simply because one does not agree with the content. However, speakers are subject to restriction only when their speech "disrupts, disturbs or otherwise impedes the orderly conduct of the Council meeting." Ordinance No. NS -XXX 50A-4 Page 1 of 8 G. 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." SECTION 2. Section 2 -104 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined): Sec. 2 -104. Rules of procedure; decorum and order. (a) The city council shall, by resolution or ordinance, adopt a reference for rules of procedure. (b) The city council shall, by resolution or ordinance, 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 3. Section 2 -111 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Sec. 2 -111. Decorum; Time Limits and other rules for speaking. (a) The city council shall preserve decorum and an orderly procedure during debate. Council members desiring to speak shall seek recognition from the presiding officer. Upon being recognized, a council member shall confine his or her comments to the questions under debate, avoiding personal attacks and undignified language. A council member, once recognized, should not be interrupted unless a point of order is raised by another member. If a council member is called to order while speaking said council member shall stop speaking until the question of order is determined. The Ordinance No. NS -XXX Page 2 of 8 50A-5 presiding officer should not recognize a council member to speak who has already spoken on a matter under debate until all other council members who wish to be heard have spoken. A council member should limit himself or herself to three (3) minutes at any one time without permission of the presiding officer. At the end of each meeting, the presiding officer shall recognize each council member who may speak up to three (3) minutes on matters of public or community interest. (b) The agenda for all regular meetings of the city council shall provide members of the public the opportunity to address the city council on agendized matters and non - agendized matters as required by the Brown Act. All requests to speak shall be submitted in writing and submitted to the clerk of the council. No such requests shall be accepted after the public comment session begins without permission of the presiding officer. The agendas for adjourned, special and emergency meetings of the city council shall provide for public comment as provided in the Brown Act. (c) Subject to (d) below, members of the public shall be given a total of three (3) minutes to: (i) address the city council on any and all matters contained on the city council agenda as well as the agendas of any of the City's related entities, such as the housing authority, if those agencies have meetings scheduled at the same time, and /or (ii) address any matters of public interest provided that they are within the jurisdiction or official business of the City of Santa Ana. (d) For public hearings, members of the public shall be given three (3) minutes to address the city council for each duly noticed hearing, unless continued prior to taking testimony. This time limitation shall not apply to the applicant/appellant and /or their representative(s) whose matter is the subject of the public hearing. Applicants shall limit their presentations to a reasonable period of time, subject to the discretion of the presiding officer. The presiding officer in his or her sound discretion may without a vote of the council determine the order of presentation and the time limit for speakers. (e) Upon being recognized by the presiding officer, a speaker should step to the designated speaker location, state name and address for the record, and identify the matter by agenda designation (if applicable) and direct remarks to the city council as a body and not to any individual member thereof. A speaker shall not be denied an opportunity to speak if they do not wish to state their name and address for the record. No person other than members of the council and the person having the floor may be permitted to enter into the discussion without permission of the presiding officer. (f) It shall be within the sound discretion of the presiding officer, without a vote of the council, to set a maximum time for public comment. In setting any limit, the presiding officer shall take into consideration the level of public Ordinance No. NS -XXX 50A -6 Page 3 of 8 interest in the matters in question, the length of the meeting and the need to provide for an orderly and effective meeting. As a means of limiting time while maximizing the public's opportunity to address the council, if a group of people seeks to address the council on the same matter or topic, the presiding officer may direct the group to designate a spokesperson or limited number of speakers to address the city council. (g) The primary purpose of oral communications is to allow the public the opportunity to formally communicate with the city council as a whole, for matters that cannot be handled during the regular working hours of the city government. Each person who addresses the city council shall do so in an orderly manner and shall not make personal, impertinent, slanderous or profane remarks to any member of the city council, city staff or the general public. Any person who makes such remarks, or who utters loud, threatening, personal or abusive language, or engages in any other disorderly conduct which disrupts, disturbs or otherwise impedes the orderly conduct of any City Council meeting shall, at the discretion of the presiding officer or upon a vote of the Council be barred from speaking further and may be ejected from the meeting. The following rules shall apply to all persons addressing the city council: 1. Direct all testimony to the city council or the presiding officer and not the individual council members, 2. No person shall address or question a city council member, the City Attorney, the City Manager, the Clerk of the Council or other official without the prior consent of the presiding officer, 3. When speaking on agenda matters, limit comments to the agenda item(s), 4. When speaking on non - agenda matters, limit comments to matters within the jurisdiction or official business of the City of Santa Ana, and 5. Refrain from profane language, racial epitaphs, libelous or slanderous statements that disturb the decorum of the meeting. (h) No person in the audience at a council meeting shall engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, whistling, applauding, stamping of feet or other acts which disturb, disrupt or otherwise impede the orderly conduct of any council meeting. Any person who repeatedly conducts himself in the aforementioned manner following a warning from the presiding officer Ordinance No. NS -XXX Page 4 of 8 50A -7 may, at the discretion of the presiding officer, be ejected from the meeting. Further disturbance during the meeting may lead to arrest. (i) Members of the public may bring signs or placards into the city council chamber during a meeting provided that such signs or placards are limited to the last row of the City Council Chambers or those persons are standing along the back of the walls of the council chambers. For public safety purposes, no signs or placards mounted on sticks, posts, poles or similar structures shall be allowed in the meeting rooms. Other signs, placards, banners, etc. shall not disrupt meetings or interfere with others' visual rights. Such signs or placards may be displayed or distributed outside the building or in the City Hall lobby so long as they do not disrupt the meeting. Handouts or printed materials may be distributed in the city council chamber prior to the council meeting or in the lobby outside the city council chamber. Q) Food prohibited. No food shall be permitted in the city council chamber. (k) All cell phones, pagers, or electronic devices belonging to the public, press, or personnel that may be disruptive must be placed on vibrate mode, quite mode or be turned off while a meeting is in session. Council members shall make every effort to minimize use of personal cell phones while in session. (1) The presiding officer shall have the power and responsibility to enforce decorum and order of the meeting as set forth herein in order to ensure that the People's business is run in an efficient manner, that meetings are held without disturbance. Among the means of enforcement, the presiding officer may order the podium microphone turned off and /or video broadcast interrupted when the presiding officer has determined that an individual or group has disrupted the meeting, or the individual or group has exceeded their allotted time to speak without permission of the presiding officer. (m) Enforcement of Decorum. The rules of decorum shall be enforced in the following manner: 1. Warning. The presiding officer shall request that a person who is breaching the rules of decorum be orderly and silent. If, after receiving a warning from the presiding officer, a person persists in disturbing the meeting, the presiding officer shall order him or her, to leave the council meeting. If such person does not remove himself or herself, the presiding officer may order any law enforcement officer who is on duty at the meeting of the Council to remove that person from the Council chambers. Ordinance No. NS -XXX 50A -8 Page 5 of 8 2. Removal. Any law enforcement officer who is assigned to the council meeting shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the council meeting. Upon instruction of the presiding officer, it shall be the duty of the law enforcement officer to remove from the council meeting any person who is disturbing the proceedings of the council. 3. Resisting Removal. Any person who resists removal by the law enforcement officer shall be charged with a violation of this section. 4. Penalty. Any person who violates any provision of this section shall be guilty of a misdemeanor. (n) Motion to Enforce. If the presiding officer fails to enforce the rules of decorum, any member of the council may move to require him or her to do so, and an affirmative vote of a majority of the council shall require him or her to do so. If the presiding officer fails to carry out the will of a majority of the council, the majority may designate another member of the council to act as presiding officer for the limited purpose of enforcing any rule of decorum which it wishes to enforce. (o) Adjournment. If a meeting of the council is disturbed or disrupted in such a manner as to make infeasible or improbable the restoration of order, the meeting may be adjourned or continued by the presiding officer or a majority of the council, and any remaining council business may be considered at the next meeting. SECTION 4. Section 2 -112 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Sec. 2 -112. Application of Rules of Decorum The provisions relating to the conduct of meetings and rules of decorum contained in Chapter 2 of the Santa Ana Municipal Code apply to meetings of all committees of the city council as well as all boards and commissions of the City of Santa Ana. SECTION 5. The adoption of this ordinance is exempt from CEQA and a Notice of Exemption will be filed if this ordinance is adopted. SECTION 6. 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 Page 6 of 8 50A-9 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 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Jose Sandoval Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2014. Miguel A. Pulido Mayor 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. Ordinance No. NS -XXX 50A -1 0 Page 7 of 8 Date: Clerk of the Council City of Santa Ana Ordinance No. NS -XXX Page 8 of 8 50A -11 EXHIBIT 2 ORDINANCE (CLEAN COPY) 50A -12 (jxs 10/07/14) ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTION 2- 104 AND ADDING SECTIONS 2 -111 AND 2 -112 TO THE SANTA ANA MUNICIPAL CODE RELATING TO CITY COUNCIL MEETINGS RULES OF DECORUM 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 City Charter and Sections 2 -100 et seq. of the Santa Ana Municipal Code call 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 Government Code Section 54950 et seq. ( the "Brown Act ") sets forth statewide standards for meetings of local agencies including the City of Santa Ana City Council. 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. An informed public is essential to democracy. It is the goal and intent of this ordinance that citizens of Santa Ana have opportunities to address the City Council prior to decisions being made and the ability to attend and participate in the People's business in an efficient manner and without disruption. F. The City Council recognizes that City Council meetings, where the public is afforded the opportunity to address the Council, are the focus of highly important individual and governmental interests. Citizens have an enormous first amendment interest in directing speech about public issues to those who govern their city and that speech cannot be limited simply because one does not agree with the content. However, speakers are subject to restriction only when their speech "disrupts, disturbs or otherwise impedes the orderly conduct of the Council meeting." Ordinance No. NS -XXX 50A -1 3 Page 1 of 7 G. 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." SECTION 2. Section 2 -104 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined): Sec. 2 -104. Rules of procedure; decorum and order. (a) The city council shall, by resolution or ordinance, adopt a reference for rules of procedure. (b) The city council shall, by resolution or ordinance, 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 3. Section 2 -111 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Sec. 2 -111. Decorum; Time Limits and other rules for speaking. (a) The city council shall preserve decorum and an orderly procedure during debate. Council members desiring to speak shall seek recognition from the presiding officer. Upon being recognized, a council member shall confine his or her comments to the questions under debate, avoiding personal attacks and undignified language. A council member, once recognized, should not be interrupted unless a point of order is raised by another member. If a council member is called to order while speaking said council member shall stop speaking until the question of order is determined. The Ordinance No. NS -XXX Page 2 of 7 50A-14 presiding officer should not recognize a council member to speak who has already spoken on a matter under debate until all other council members who wish to be heard have spoken. A council member should limit himself or herself to three (3) minutes at any one time without permission of the presiding officer. At the end of each meeting, the presiding officer shall recognize each council member who may speak up to three (3) minutes on matters of public or community interest. (b) The agenda for all regular meetings of the city council shall provide members of the public the opportunity to address the city council on agendized matters and non - agendized matters as required by the Brown Act. All requests to speak shall be submitted in writing and submitted to the clerk of the council. No such requests shall be accepted after the public comment session begins without permission of the presiding officer. The agendas for adjourned, special and emergency meetings of the city council shall provide for public comment as provided in the Brown Act. (c) Subject to (d) below, members of the public shall be given a total of three (3) minutes to: (1) address the city council on any and all matters contained on the city council agenda as well as the agendas of any of the City's related entities, such as the housing authority, if those agencies have meetings scheduled at the same time, and /or (ii) address any matters of public interest provided that they are within the jurisdiction or official business of the City of Santa Ana. (d) For public hearings, members of the public shall be given three (3) minutes to address the city council for each duly noticed hearing, unless continued prior to taking testimony. This time limitation shall not apply to the applicant/appellant and /or their representative(s) whose matter is the subject of the public hearing. Applicants shall limit their presentations to a reasonable period of time, subject to the discretion of the presiding officer. The presiding officer in his or her sound discretion may without a vote of the council determine the order of presentation and the time limit for speakers. (e) Upon being recognized by the presiding officer, a speaker should step to the designated speaker location, state name and address for the record, and identify the matter by agenda designation (if applicable) and direct remarks to the city council as a body and not to any individual member thereof. A speaker shall not be denied an opportunity to speak if they do not wish to state their name and address for the record. No person other than members of the council and the person having the floor may be permitted to enter into the discussion without permission of the presiding officer. (f) It shall be within the sound discretion of the presiding officer, without a vote of the council, to set a maximum time for public comment. In setting any limit, the presiding officer shall take into consideration the level of public Ordinance No. NS -XXX 50A -1 5 Page 3 of 7 interest in the matters in question, the length of the meeting and the need to provide for an orderly and effective meeting. As a means of limiting time while maximizing the public's opportunity to address the council, if a group of people seeks to address the council on the same matter or topic, the presiding officer may direct the group to designate a spokesperson or limited number of speakers to address the city council. (g) The primary purpose of oral communications is to allow the public the opportunity to formally communicate with the city council as a whole, for matters that cannot be handled during the regular working hours of the city government. Each person who addresses the city council shall do so in an orderly manner and shall not make personal, impertinent, slanderous or profane remarks to any member of the city council, city staff or the general public. Any person who makes such remarks, or who utters loud, threatening, personal or abusive language, or engages in any other disorderly conduct which disrupts, disturbs or otherwise impedes the orderly conduct of any City Council meeting shall, at the discretion of the presiding officer be barred from speaking further and may be ejected from the meeting. The following rules shall apply to all persons addressing the city council: 1. Direct all testimony to the city council or the presiding officer and not the individual council members, 2. No person shall address or question a city council member, the City Attorney, the City Manager, the Clerk of the Council or other official without the prior consent of the presiding officer, 3. When speaking on agenda matters, limit comments to the agenda item(s), 4. When speaking on non - agenda matters, limit comments to matters within the jurisdiction or official business of the City of Santa Ana, and 5. Refrain from profane language, racial epitaphs, libelous or slanderous statements that disturb the decorum of the meeting. (h) No person in the audience at a council meeting shall engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, whistling, applauding, stamping of feet or other acts which disturb, disrupt or otherwise impede the orderly conduct of any council meeting. Any person who repeatedly conducts himself in the aforementioned manner following a warning from the presiding officer Ordinance No. NS -XXX Page 4 of 7 50A -1 6 may, at the discretion of the presiding officer, be ejected from the meeting. Further disturbance during the meeting may lead to arrest. (i) Members of the public may bring signs or placards into the city council chamber during a meeting provided that such signs or placards are limited to the last row of the City Council Chambers or those persons are standing along the back of the walls of the council chambers. For public safety purposes, no signs or placards mounted on sticks, posts, poles or similar structures shall be allowed in the meeting rooms. Other signs, placards, banners, etc. shall not disrupt meetings or interfere with others' visual rights. Such signs or placards may be displayed or distributed outside the building or in the City Hall lobby so long as they do not disrupt the meeting. Handouts or printed materials may be distributed in the city council chamber prior to the council meeting or in the lobby outside the city council chamber. Q) Food prohibited. No food shall be permitted in the city council chamber. (k) All cell phones, pagers, or electronic devices belonging to the public, press, or personnel that may be disruptive must be placed on vibrate mode, quite mode or be turned off while a meeting is in session. Council members shall make every effort to minimize use of personal cell phones while in session. (1) The presiding officer shall have the power and responsibility to enforce decorum and order of the meeting as set forth herein in order to ensure that the People's business is run in an efficient manner, that meetings are held without disturbance. Among the means of enforcement, the presiding officer may order the podium microphone turned off and /or video broadcast interrupted when the presiding officer has determined that an individual or group has disrupted the meeting, or the individual or group has exceeded their allotted time to speak without permission of the presiding officer. (m) Enforcement of Decorum. The rules of decorum shall be enforced in the following manner: 1. Warning. The presiding officer shall request that a person who is breaching the rules of decorum be orderly and silent. If, after receiving a warning from the presiding officer, a person persists in disturbing the meeting, the presiding officer shall order him or her, to leave the council meeting. If such person does not remove himself or herself, the presiding officer may order any law enforcement officer who is on duty at the meeting of the Council to remove that person from the Council chambers. Ordinance No. NS -XXX 50A -1 7 Page 5 of 7 2. Removal. Any law enforcement officer who is assigned to the council meeting shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the council meeting. Upon instruction of the presiding officer, it shall be the duty of the law enforcement officer to remove from the council meeting any person who is disturbing the proceedings of the council. 3. Resisting Removal. Any person who resists removal by the law enforcement officer shall be charged with a violation of this section. 4. Penalty. Any person who violates any provision of this section shall be guilty of a misdemeanor. (n) Motion to Enforce. If the presiding officer fails to enforce the rules of decorum, any member of the council may move to require him or her to do so, and an affirmative vote of a majority of the council shall require him or her to do so. If the presiding officer fails to carry out the will of a majority of the council, the majority may designate another member of the council to act as presiding officer for the limited purpose of enforcing any rule of decorum which it wishes to enforce. (o) Adjournment. If a meeting of the council is disturbed or disrupted in such a manner as to make infeasible or improbable the restoration of order, the meeting may be adjourned or continued by the presiding officer or a majority of the council, and any remaining council business may be considered at the next meeting. SECTION 4. Section 2 -112 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Sec. 2 -112. Application of Rules of Decorum The provisions relating to the conduct of meetings and rules of decorum contained in Chapter 2 of the Santa Ana Municipal Code apply to meetings of all committees of the city council as well as all boards and commissions of the City of Santa Ana. SECTION 5. The adoption of this ordinance is exempt from CEQA and a Notice of Exemption will be filed if this ordinance is adopted. SECTION 6. 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 Ordinance No. NS -XXX Page 6 of 7 50A -18 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 2014. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Jose Sandoval Chief Assistant 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 50A -1 9 Page 7 of 7 EXHIBIT 3 RESOLUTION 50A -20 SRC 10/07/2014 RESOLUTION NO. 2014 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE TIME FOR REGULAR COUNCIL MEETINGS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA 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 City Charter and Sections 2 -100 et seq. of Santa Ana Municipal Code call 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 begin the Closed Session City Council meetings a half hour earlier and the open session earlier. Section 2. City Council meetings, time and place. (a) Regular meetings of the City Council shall be on the first and third Tuesdays of each month and shall begin no sooner than the hour of 4:30 p.m. for Closed Session followed by the Regular Open Meeting at 5:15 p.m. The City Council shall publicly convene the meeting and then recess to conduct closed or executive sessions. (b) Regular meetings of the City Council shall be convened in the Council Chamber or as noted on the Agenda and time as specified on the agenda. After being convened, all meetings may be adjourned to such other place or places as the City Council may order. Section 3. This Resolution shall only change the starting time of the City Council meetings and only supersedes Resolution No. 2013 -019 in that manner only and shall take effect immediately upon its adoption by the City Council. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 50A -21 2014. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Jose Sandoval Chief Assistant 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 the attached Resolution No. 2014 - to be the original resolution adopted by the City Council of the City of Santa Ana on Date: 50A -22 Clerk of the Council City of Santa Ana