HomeMy WebLinkAbout11B - 2ND READ ORD - UPDATE EMERGENCY SRVSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 16, 2017
TITLE:
SECOND READING ORDINANCE: AMENDING SANTA ANA
MUNICIPAL CODE CHAPTER 2, ARTICLE IV, DIVISION 3 TO
UPDATE THE CITY'S EMERGENCY SERVICES, DISASTER
PREPAREDENESS AND EMERGENCY OPERATIONS
REQUIRED BY THE STANDARDIZED EMERGENCY
MANAGEMENT SYSTEM (SEMS) AND THE NATIONAL
INCIDENT MANAGEMENT SYSTEM (NIMS) TO BE ELIGIBLE
TO RECEIVE STATE AND FEDERAL EMERGENCY
MANAGEMENT AND HOMELAND SECURITY GRANTS AND
STATE OR FEDERAL REIMBURSEMENT
(STRATEGIC PLAN NO 5, 1)
i
CI NAGER
RECOMMENDED ACTION
Place ordinance on second reading and adopt.
DISCUSSION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 15' Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
On May 2, 2017, the following ordinance was introduced for first reading and City Council
authorized publication of title by a vote of 6 -0 (Pulido absent):
ORDINANCE NO. NS -2916 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE TO UPDATE
THE CITY'S EMERGENCY SERVICES POLICIES AND PROCEDURES
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).
FISCAL IMPACT
There is no fiscal impact associated with this action.
Maria D. Huizar,
Clerk of the Council
EXHIBIT: Ordinance No. NS -2916
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(ROH 006/17)
ORDINANCE NO. NS -XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA
MUNICIPAL CODE TO UPDATE THE CITY'S EMERGENCY
SERVICES POLICIES AND PROCEDURES
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. The Emergency Services Division (Division 3 of Article IV) was placed into
the Municipal Code in 1973, with minor revisions in 1984 and 2015. The
original version was developed from Cold War, civil defense concepts and
procedures current at the time.
B. In 1994, the State of California enacted the Standardized Emergency
Management System (SEMS), a statewide emergency management
system, which broadened the focus to include preparing for and responding
to natural disasters.
C. In 2004, the Federal Government enacted the National Incident
Management System (NIMS), a nationwide emergency management
system similar to SEMS, which further broadened the focus to include
preparing for and responding to acts of terrorism in the aftermath of
September 11th.
D.. _ SEMS. and NIMS. place requirements upon the City to_incorporate.certain
required elements into our emergency plans and procedures which are not
articulated in the original version of this Division. The City's eligibility to
receive various state and federal emergency management and homeland
security grants, as well as state or federal reimbursement for disaster
response costs, is dependent on adhering to these requirements.
E. The Northridge Earthquake, September 11th terrorist attacks, Hurricane
Katrina, and other acts of terrorism and natural disasters occurring around
the country and world, have focused greater public attention and raised the
expectations of the public on the ability of the City and its Emergency
Services to competently and adequately manage any disasters or large -
scale emergencies that occur.
F. Over this time period, job titles and organizational structures within City staff
have also changed, including the merger of Santa Ana Fire Department with
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Orange County Fire Authority and transfer of the emergency management
responsibility to the Santa Ana Police Department, creating a need to
update the terminology and organizational responsibilities of City
government in managing emergencies.
G. Therefore, a comprehensive update to this Division will reflect the City's
current organizational approach, authorities and responsibilities in
managing emergencies, consistent with current state and federal
terminology, laws and practices.
H. The Request for Council Action for this ordinance dated May 2. 2017, shall
by this reference be incorporated herein, and together with this ordinance,
any amendments or supplements and the oral testimony before the City
Council at this meeting, shall additionally constitute the necessary findings
for this ordinance.
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 City Charter. 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. The adoption of this ordinance is not subject to the California
Environmental Quality Act of 1970, as amended (Public Resources Code Section 21000
at seq.), pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State of California
Guidelines for Implementation of the California Environmental Quality Act (California
Code of Regulations, Title 14, Chapter 3), because it will not result in a direct or
reasonably foreseeable physical change in the environment and is not a "project" as
defined in Section 15378 of the California Code of Regulations.
Section 3. Section -2- 400 -of Chapter 2 of the Santa Ana Municipal Code is
amended to read in full as follows:
Sec. 2 -400. Purposes.
The purposes of this Division are to establish the Emergency Organization of the City
of Santa Ana; to provide for coordination of the emergency functions of the City with all other
public agencies, organizations, businesses and private persons; and to provide for the
preparation and implementation of emergency plans and procedures; all for the protection
of persons and property in the event of a large scale emergency or disaster.
Section 4. Section 2 -401 of Chapter 2 of the Santa Ana Municipal Code is
amended to read in full as follows:
Sec. 2 -401. Definitions.
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For the purpose of this division, certain words and phrases shall be construed as
follows, unless it is apparent from the context that a different meaning is intended:
Emergency or Local Emergency— Means the duly proclaimed existence of conditions
of disaster or of extreme peril to the safety of persons and property within the territorial limits
of the City or County, caused by such conditions as air pollution, fire, flood, storm, epidemic,
riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the
Govemor's warning of an earthquake or volcanic prediction, or an earthquake, or other
conditions, other than conditions resulting from a labor controversy, which are or are likely
to be beyond the control of the services, personnel, equipment, and facilities of the political
subdivision and require the combined forces of other political subdivisions to combat, or with
respect to regulated energy utilities, a sudden and severe energy shortage requires
extraordinary measures beyond the authority vested in the California Public Utilities
Commission.
State of Emergency— Means the duly proclaimed existence of conditions of disaster
or of extreme peril to the safety of persons and property within the State, caused by such
conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe
energy shortage, plant or animal infestation or disease, the Govemor's warning of an
earthquake or volcanic prediction, or an earthquake, or other conditions, other than
conditions resulting from a labor controversy or conditions causing a "state of war
emergency', which, by reason of their magnitude, are or are likely to be beyond the control
of the services, personnel, equipment, and facilities of any single county, city and county, or
city and require the combined forces of a mutual aid region or regions to combat, or with
respect to regulated energy utilities, a sudden and severe energy shortage requires
extraordinary measures beyond the authority vested in the California Public Utilities
Commission.
State of War Emergency — Means the condition which exists immediately, with or
without a proclamation thereof by the Governor, whenever this state or nation is attacked by
an enemy of the United States, or upon receipt by the state of a warning from the federal
government indicating that such an enemy attack is probable or imminent.
Emergency Services/Emergency Operations/Emergency Management — Used
interchangeably, means the preparation for and carrying out of all emergency functions
necessary to mitigate, prevent, prepare for, respond to, and recover from large emergencies
or disasters caused by all hazards, whether natural, technological or human caused.
Director or Director of Emergency Services — Means the individual having primary
jurisdiction and authority over the City's response and recovery to emergencies and
disasters and is authorized to act on behalf of the City.
Section 5. Section 2 -402 of Chapter 2 of the Santa Ana Municipal Code is hereby
added to read as follows:
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Sec. 2 -402. Emergency Organization.
A. City Organization
All officers and employees of the City, together with those volunteer forces enrolled
to aid them in an emergency, and all groups, organizations and persons who may by
agreement or operation of law, including persons pressed into service under the provisions
of this title, charged with duties incident to the protection of persons and property in this City
during such emergency, shall constitute the Emergency Organization of the City of Santa
Ana.
B. Disaster Service Workers
Pursuant to California Government Code Sections 3100 to 3109, all public
employees are declared to be Disaster Service Workers under law, and are subject to such
disaster service activities as may be assigned by their superiors or by law, which may
include assisting any unit of the Emergency Organization or performing any act contributing
to the protection of life or property or mitigating the effects of an emergency or disaster.
Private persons who register as emergency volunteers of the City are also deemed Disaster
Service Workers of the City. The Santa Ana Police Department and Santa Ana Personnel
Department shall develop policies and procedures for the registration, training and
standards for employee and volunteer Disaster Service Workers.
C. Director of Emergency Services
Director, Deputy Director and Line of Succession
There is hereby created the position of Director of Emergency Services, who shall
have full authority over the operations and resources of the City during a proclaimed
emergency, and this position shall be filled by the City Manager. There is also created the
position of Deputy Director of Emergency Services, which shall be filled by the Chief of
Police.
In the absence or the inability to act of the City Manager, he /she shall automatically
be succeeded as Director of Emergency Services by the following officials in the order
named:
1. Deputy Director of Emergency Services /Chief of Police
2. Deputy City Manager
3. Director of Public Works
4. Director of Finance and Management Services
5. Director of Planning and Building
Additionally, the City Manager may designate a specific official to act as Director of
Emergency Services based upon the circumstances of a specific emergency event. An
official designated as Director may appoint a subordinate with command or management
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authority to act as Director to accommodate schedule conflicts, shift relief or other required
absence.
2. Director of Emergency Services — Powers and Duties
The Director of Emergency Services is empowered to:
In accordance with the provisions of Section 2 -404A of this Division, request
the City Council to proclaim the existence or threatened existence of a Local
Emergency, if the City Council is in session; or to issue such proclamation if
the City Council is not in session,
2. Request the Governor to proclaim a State of Emergency when, in the opinion
of the Director, the locally available resources are inadequate to cope with the
emergency. (The County of Orange is also empowered to make this request
on behalf of the county as a whole, and commonly does so),
3. Control and direct the efforts of the Emergency Organization of the City for
the accomplishment of the purposes of this Division,
4. Direct cooperation between, and coordination of, the services and staff of the
Emergency Organization of the City, and to resolve questions of authority and
responsibility that may arise among them,
5. In the event of the proclamation of a Local Emergency as provided herein, or
the proclamation of a State of Emergency by the Governor or the Director of
the Governor's Office of Emergency Services, or the existence of a State of
War Emergency, the Director is hereby empowered to:
a. Make and issue rules, regulations, orders or directives on matters
reasonably necessary to the protection of life and property as affected
by such emergency; or to suspend rules, regulations, orders or
directives- - provided such vales and- regulations or-- suspensions -are
confirmed by the City Council at the earliest practicable time,
b. Requisition necessary personnel or material of any City department or
agency,
C. Obtain vital supplies, equipment or other such properties found lacking
and needed for the protection of life and property and to obligate the
City for the fair value thereof and, if required immediately, to
commandeer the same for public use,
d. Require emergency service of any City officer or employee, and to
command the aid of the citizens of this community,
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Execute all of the ordinary powers and duties as City Manager, all
special powers and duties conferred upon the City Manager by this
Division and by the Emergency Operations Plan adopted pursuant
hereto, all powers and duties conferred upon him/her by any statute,
agreement or other lawful authority, and in conformity with Section
38791 of the California Government Code, to exercise complete
authority over the City and to exercise all police powers vested in the
City by the Constitution and general laws.
3. Deputy Director of Emergency Services — Powers and Duties
The Deputy Director of Emergency Services /Chief of Police is empowered, under the
supervision of the Director, to:
Represent the City in all dealings with public and private agencies on matters
pertaining to any emergency as defined by this Division,
2. Develop the emergency plans and manage the emergency programs of this
City,
3. Appoint and oversee an Emergency Operations Coordinator in accordance
with, and to further execute, the provisions of this Division,
4. Carry out any other powers or duties as may be assigned by the Director.
D. City Council — Powers and Duties
The Santa Ana City Council is empowered to:
Enact such ordinances, resolutions or rules as may be necessary to prevent,
prepare for, mitigate, respond to or recover from actual or foreseeable
emergencies -or disasters;
2. In accordance with the provisions of Section 2 -404A of this Division, proclaim
the existence or threatened existence of a Local Emergency, if in session; or
to ratify such proclamation made by the Director if not in session,
3. During a Local Emergency, pursuant to Section 415 of Article IV of the
Municipal Code, City Council may enact emergency ordinances on matters
reasonably necessary to the protection of life and property as affected by such
emergency. City Council may review rules, regulations, orders or directives
or suspensions thereof issued by the Director pursuant to Sub - Section C -2 of
this Section.
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E. Emergency Operations Coordinator
There is created the position of Emergency Operations Coordinator, which shall
reside in the Santa Ana Police Department under the supervision of the Deputy Director of
Emergency Services /Chief of Police or his /her designee. The Emergency Operations
Coordinator shall:
1. Coordinate all City activities related to emergency preparedness, prevention,
mitigation, response and recovery;
2. Facilitate emergency and disaster planning for the City, encompassing
governmental entities and resources, commercial and industrial resources,
and private or non - governmental organizations necessary to support disaster
operations;
3. Prepare and maintain the Emergency Operations Plan for the City, and
facilitate with City Departments the preparation and maintenance of Standard
Operating Procedures and guidelines necessary to support disaster
operations;
4. Prepare and maintain City supplies and facilities that support disaster
operations;
Develop and coordinate emergency training and exercise programs as may
be required for City staff, and an emergency preparedness community
education program;
Coordinate emergency planning and interagency coordination with other
local, state and federal agencies and with private or other disaster relief
organizations; and serve as the City's representative member of regional
emergency planning and interagency coordination committees and planning
groups;
7. Recommend to the Director of Emergency Services for referral to the City
Council matters of policy related to disaster planning or preparedness;
8. Recommend to the Director of Emergency Services for referral to the
Emergency Operations Advisory Board matters for consideration within the
purview of their responsibilities.
F. Emergency Operations Advisory Board
1. Emergency Operations Advisory Board Members
The City of Santa Ana Emergency Operations Advisory Board shall be composed of:
Director of Emergency Services /City Manager, who shall be Chair,
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2. Deputy Director of Emergency Services /Chief of Police, who shall be Vice
Chair,
3. Executive Managers named in the Director of Emergency Services line of
succession in Section CA:
a. Deputy City Manager,
b. Director of Public Works,
C. Director of Finance and Management,
d. Director of Planning and Building,
4. Orange County Fire Authority Division 6 Chief,
5. City Attorney, who shall serve as legal advisor to the Emergency Operations
Advisory Board,
6. City Clerk, who shall serve as Secretary to the Emergency Operations
Advisory Board,
7. Any other Department Directors or Staff requested by the Director of
Emergency Services, and
8. Emergency Operations Coordinator, to serve as staff to the Emergency
Operations Advisory Board.
2. Emergency Operations Advisory Board — Powers and Duties
It shall be the responsibility of the Santa Ana Emergency Operations Advisory Board,
and it is empowered to, review and recommend for adoption by the City Council emergency
plans, policies and agreements, and such ordinances, resolutions, rules and regulations as
may be necessary to implement such plans and agreements; to oversee -the planning -and
preparedness activities of all City Departments; to oversee the training of all City staff and
employees; and to oversee the training and activities of volunteer programs of the City
related to disaster roles and functions. The Emergency Operations Advisory Board as a
body serves in a pre- disaster planning and preparedness role and as such body may not
have a direct role in disaster response or recovery activities.
3. Emergency Operations Advisory Board Meetings
The Emergency Operations Advisory Board shall meet quarterly; and additionally as
necessary upon the call of the Chair, or in his /her absence from the City or inability, upon
call of the Vice - Chair.
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G. Emergency Operations Committee
The Emergency Operations Committee is created as a standing and working sub-
committee to the Santa Ana Emergency Operations Advisory Board. The Emergency
Operations Committee is composed of the Emergency Operations Coordinator, who shall
be Chair, and managers or management staff from each City Department appointed by the
Department Director and who shall be able to speak on behalf of their Department. The
Emergency Operations Committee will provide operational direction for implementation of
programs and activities established by the Emergency Operations Advisory Board, develop
and maintain City emergency plans and procedures, coordinate training and exercise
programs for each City Department and for the City as a whole, and shall constitute a core
of Emergency Operations Center staff. The Emergency Operations Committee shall meet
monthly and additionally at the direction of the Emergency Operations Advisory Board or
upon call of the Emergency Operations Coordinator.
H. Adoption of Collaborative Systems and Standards
The City of Santa Ana recognizes that a large -scale emergency or disaster may have
the potential to overwhelm the commonly available resources and capabilities of the City
and may require the combined response of numerous agencies, jurisdictions and levels of
government. Therefore, the City participates in the Orange County Operational Area
response and recovery organization as provided by California Emergency Services Act
Section 8605 and is a signatory to the Orange County Operational Area Agreement. The
City adopts the California Standardized Emergency Management System (SEMS) and the
federal National Incident Management System (NIMS) as a basis for emergency plans and
response. The framework of these systems includes use of the Incident Command System
(ICS), multi- agency and interagency coordination, participation in the Master Mutual Aid
Agreement and Systems of the State of California, and the Operational Area concept. The
City of Santa Ana will comply with the provisions of the California Emergency Services Act.
Section 6. Section 2 -403 of Chapter 2 of the Santa Ana Municipal Code is hereby
added to read as follows:
Sec. 2 -403. Emergency Operations Plan.
The Emergency Operations Committee shall be responsible for the development and
maintenance of the City of Santa Ana Emergency Operations Plan (EOP) and related
annexes or manuals. The EOP shall provide for the effective mobilization of all the
resources of the City, both public and private, to meet any condition constituting a local
emergency, and shall provide forthe organization, duties and functions, and procedures and
capabilities of the City's response to the emergency. Each City Department will supplement
the EOP with those Standard Operating Procedures necessary to fulfill their role in an
emergency under the EOP.
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The EOP shall comply with the principles of the Orange County Operational Area
Agreement, the California Standardized Emergency Management System (SEMS) and the
federal National Incident Management System (NIMS).
The Emergency Operations Advisory Board shall be responsible to review and
recommend adoption of the EOP to City Council, and to implement the requirements of the
Plan once adopted. City Council shall review and adopt the Plan by resolution as a policy
of the City. Once adopted, the Plan shall be mandatory upon City departments and
agencies, employees and registered volunteer emergency workers and shall have the effect
of law whenever an emergency has been proclaimed as provided in this Division.
Section 7. Section 2 -404 of Chapter 2 of the Santa Ana Municipal Code is
amended to read in full as follows:
Sec. 2-404. Emergency Proclamations and Measures.
A. Proclamations of Local Emergency
A Local Emergency, as defined by Section 2 -401 of this Division and by California
Emergency Services Act Section 8558(c), may be proclaimed upon conditions of disaster
or extreme peril, existing or imminently likely, so as to threaten lives and property, and by
reason of its magnitude is or is likely to be beyond the control of the available services,
personnel, equipment and facilities of the City.
The Director of Emergency Services may request the City Council to proclaim the
existence of a Local Emergency, if the City Council is in session, or may issue such
proclamation if the City Council is not in session. Such proclamation must be made within
10 days of the occurrence of the disaster or emergency. Whenever a Local Emergency is
proclaimed by the Director, the City Council must, within seven days from the date of the
original proclamation by the Director, approve a resolution ratifying the proclamation, or
allow the proclamation to expire. City Council shall review the need for continuing the Local
Emergency at least once every 30 days and shall terminate the emergency or allow it to
expire at the earliest possible date that conditions warrant.
During a Local Emergency, the City Council or the Director of Emergency Services
may promulgate ordinances, orders or regulations necessary to provide for the protection of
life and property, including orders or regulations imposing a curfew within designated
boundaries where necessary to preserve the public order and safety. Such orders and
regulations and amendments and rescissions thereof shall be in writing and shall be given
widespread publicity and notice.
The City Council shall proclaim the termination of the Local Emergency at the earliest
possible date that conditions warrant. Upon termination of the Local Emergency, any such
rules, regulations, orders and directives or suspensions thereof prepared under the
Proclamation of Local Emergency shall terminate and have no further force or effect.
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B. Initial Emergency Measures
All emergency measures taken by the Director of Emergency Services prior to the
issuance of an official proclamation of emergency, or prior to any decision by the City
Council not to issue such proclamation, shall be deemed conclusively to be for the direct
protection and benefit of the inhabitants and property of the City of Santa Ana and shall be
legal and binding on the City of Santa Ana. The Director of Emergency Services shall be
immune from any form of liability for all emergency measures taken pursuant to an official
proclamation of emergency made by the Director prior to a decision by the City Council,
even if the City Council later decides not to ratify the Director's proclamation of emergency.
C. Emergency Expenditures
Any expenditure made in connection with emergency activities under this Division,
including mutual aid activities, shall be deemed conclusively to be for the direct protection
and benefit of the inhabitants and property of the City of Santa Ana.
The Director of Emergency Services, during a proclaimed emergency, shall have the
authority to approve contracts and waive normal purchasing requirements as necessary to
support the emergency response under this Division and to protect the life and property of
the residents of the City. The Director shall have the authority to enter contracts or make
purchases for any supplies, materials, equipment or services when any such item is
immediately necessary for the continued operation of City government, for the preservation
of life or property, or when such purchase is required for the health, safety and welfare of
the people, provided there is a present, immediate and existing emergency.
The Finance Director shall maintain a detailed accounting of all expenditures made
under this provision and shall submit upon termination of the emergency, a detailed report
to the City Manager, who in turn shall provide the report to the City Council.
Section 8. Section 2 -405 of Chapter 2 of the Santa Ana Municipal Code is
amended to read in -full as follows:
Sec. 2 -405. Continuity of Government.
Disasters or large -scale emergencies may result in conditions causing the absence
or unavailability of officers or officials of the City. The preservation and continued functioning
of local government is of utmost concern in these circumstances. The City of Santa Ana will
take these minimum precautions to provide for the continuance of essential government
services during times of emergencies:
A. City Council
If, during a Local Emergency, State of Emergency or State of War Emergency that
has been proclaimed or exists under the provisions of the Emergency Services Act, it has
been determined that a majority of the City Council seats have become temporarily or
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permanently vacant and a regular quorum no longer exists, the powers and authority of the
City Council, except for those duties prescribed to the City Council in Article IV, section 403
of the City Charter, shall vest with the Director of Emergency Services until a quorum of the
regularly elected City Council Members is present, or until a sufficient number of vacancies
that are determined to be permanent are filled under the provisions of Article IV, Section 403
of the City Charter.
B. Executive Management Lines of Succession
For the purposes of this Division, Department Directors shall appoint a three -deep
order of succession of appropriate subordinate management staff to succeed to their
position in the event that official is unavailable or unable to serve. The person who succeeds
to each office under this provision shall assume all the powers and duties of the office
succeeded to immediately upon such succession. The succeeding person shall serve until
the appointing official resumes his or her office or until a permanent successor is appointed
under the applicable provisions of the City Charter or Municipal Code.
Section 9. Section 2 -406 of Chapter 2 of the Santa Ana Municipal Code is
amended to read in full as follows:
Sec. 2 -406. Enforcement.
It shall be a misdemeanor for any person, during a proclaimed emergency, to:
a. Willfully obstruct, hinder or delay any member of the emergency organization
in the enforcement of any lawful rule or regulation issued pursuant to this
Division, or in the performance of any duty imposed upon him/her by this
Division,
b. Engage in any act forbidden by any lawful rule or regulation issued pursuant
to this Division, if such act is of such a nature as to give, or be likely to give,
assistance to an enemy, or to imperil the lives or property of inhabitants of
this City, or to prevent, hinder or delay the defense or protection thereof,
C. Wear, carry or display, without authority, any means of identification specified
by the Office of Emergency Services of the State of California or by the City
of Santa Ana.
Section 10. Section 2-407 of the Santa Ana Municipal Code is hereby deleted in its
entirety:
Sec. 2 -407. Reserved.
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Section 11. Section 2 -408 of the Santa Ana Municipal Code is hereby deleted in its
entirety:
Sec. 2 -408. Reserved.
Section 12. 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
APPROVED AS TO FORM:
Sonia R,2prvalpo, City Attorney
2017
Miguel A. Pulido
Mayor
- -,• - — - - - -- - -
Ryan . dge Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
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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
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