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HomeMy WebLinkAboutItem 23 - Councilmember-Requested Item Policy City Manager Office www.santa-ana.org/city-managers-office Item # 23 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 19, 2023 TOPIC: Councilmember-Requested Item Policy AGENDA TITLE Councilmember-Requested Item Policy RECOMMENDED ACTION Adopt a resolution approving the City Council Policy Regarding Councilmember- Requested Items. DISCUSSION Background At the August 16, 2022 meeting, Councilmember Phan added the following councilmember requested item: Discuss and Consider Directing Staff to Implement a Process that Will Allow the City Council to More Efficiently and Effectively Present Councilmember Requested Items on the Agenda. There was consensus among the City Council to proceed with this item. At the March 21, 2023 meeting, staff presented an informational report to the City Council with a draft City Council Policy Regarding Councilmember-Requested Items. Members of the City Council discussed making minor changes to the draft policy, all of which have been incorporated to the final policy (Exhibit 2). City Council Legislative Authority and City Council Meeting Agendas As the legislative body of the City of Santa Ana, the City Council’s role is to legislate—or to set policy. The City Council is empowered to enact local laws, approve programs, appropriate funds, establish local taxes, and approve other local government actions through its legislative authority. This function is primarily carried out through City Council action at regularly scheduled City Council meetings. City Council meetings are guided by an agenda, which consists of items relating to the City of Santa Ana local government. Matters of policy are ordinarily determined by a majority vote of the City Council on each agenda item. In some cases, a two-thirds vote of the City Council is required (e.g. for appropriation adjustments). Under the Council-Manager form of government, under the leadership of the City Council, the City Manager sets the agenda and the City Clerk prepares the agenda. Councilmember-Requested Item Policy September 19, 2023 Page 2 3 7 2 2 Councilmember-Requested Items Section 411 of the Santa Ana City Charter states, in part, that “any member of the City Council may place items on the City Council agenda to be considered by the City Council.” Councilmember-requested items are discussion items only; the City Council does not take any action. Councilmember-requested items may include any issue within the City Council’s jurisdiction, such as requests for policy research, drafting resolutions and ordinances, and providing direction to City staff relating to the implementation and/or evaluation of a policy. The City Council Handbook, which is prepared annually by the City Manager’s Office and City Clerk’s Office, provides administrative guidance on certain procedures relating to the City Council, including councilmember-requested items. Regarding councilmember-requested items, the current edition of the City Council Handbook states the following: COUNCIL AGENDA ITEM Any member of the City Council may place items on the agenda that are staff directives or policy changes. They are listed on the agenda pursuant to Charter § 411. Items may be added by emailing the Clerk of the Council and City Manager. The “Council Agenda Item” provision of the City Council Handbook is the only written guidance that exists relating to councilmember-requested items. At the August 16, 2022 meeting, members of the City Council discussed the creation of a policy to provide guidance to the City Council, with the goal of presenting councilmember-requested items to facilitate efficient and effective discussion among the members of the City Council. Specifically, the City Council discussed the creation of a policy that might include the following elements: •Each councilmember-requested item is accompanied by a written report that outlines the following: o Topic: Use plain language to describe the topic of the report. o Subject: Describe the action and subject of the report. o Councilmember-Requested Item Title: Describe the action you are requesting, which relates to the topic of the report. o Discussion: Provide a brief chronology of the item. Identify issues. If there is a provision of law, rule, policy, and/or previous City Council action related to this item, note it in this section. Provide a brief explanation of the item, focusing on data collection, analysis, and evaluation. •Prior to the report being published as part of the City Council meeting agenda, the councilmember informs the City Manager, City Clerk, and City Attorney of the councilmember-requested item. •Once the report is written and after the councilmember informed the City Manager, City Clerk, and City Attorney, the councilmember submits the report to the City Manager’s Office and City Clerk’s Office to be added to an upcoming Councilmember-Requested Item Policy September 19, 2023 Page 3 3 7 2 2 City Council meeting agenda. The report must be submitted by the established due dates to ensure compliance with the City’s Sunshine Ordinance (see Sec. 2- 150 of the Santa Ana Municipal Code). Currently, there is no policy approved by the City Council relating to placing councilmember-requested items on the agenda. Proposed City Council Policy Regarding Councilmember-Requested Items Based off input provided by members of the City Council at their meetings on August 16, 2022 and March 21, 2023, staff has prepared the attached City Council Policy Regarding Councilmember-Requested Items (Exhibit 2). Staff recommends that the City Council adopt a resolution (Exhibit 1) approving the City Council Policy Regarding Councilmember-Requested Items as presented. EXHIBIT(S) 1. Resolution 2. City Council Policy Regarding Councilmember-Requested Items Submitted By: Kristine Ridge, City Manager Approved By: Kristine Ridge, City Manager Resolution No. 2023-XXX Page 1 of 2 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE CITY COUNCIL POLICY REGARDING COUNCILMEMBER-REQUESTED ITEMS WHEREAS, at the August 16, 2022 meeting, Councilmember Phan added the following councilmember-requested item: Discuss and Consider Directing Staff to Implement a Process that Will Allow the City Council to More Efficiently and Effectively Present Councilmember Requested Items on the Agenda. There was consensus among the City Council to proceed with this agenda item; and WHEREAS, at the March 21, 2023 meeting, staff presented an informational report to the City Council with a draft Councilmember-Requested Item Policy. The policy provided that councilmembers prepare a written report for each councilmember-requested item template, inform the City Manager, City Clerk, and City Attorney, and submit the written report to coincide with deadlines for publishing City Council meeting agendas; and WHEREAS, members of the City Council discussed revising the draft Councilmember- Requested Item Policy as discussed at the March 21, 2023 meeting; and WHEREAS, to provide step-by-step guidance to members of the City Council regarding submitting councilmember-requested items for discussion at City Council meetings, staff has prepared a final Councilmember-Requested Item Policy. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council approves the City Council Policy Regarding Councilmember-Requested Items, attached hereto as Exhibit 1 and incorporated herein. Section 2. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution. ADOPTED this ___ day of September, 2023. ________________________________ Valerie Amezcua Mayor Resolution No. 2023-XXX Page 2 of 2 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: ____________________________ AYES Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No 2023-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on ____________, 2023. Date _______________ ______________________________ City Clerk City of Santa Ana City of Santa Ana Administrative Policies and Procedures City Council Adoption Date: September 19, 2023 City Council Policy Regarding Councilmember-Requested Items PURPOSE Provide guidance to the members of the City Council (“councilmembers”) for presenting councilmember-requested items for discussion at City Council meetings to facilitate efficient and effective policy discussion. POLICY The City Manager and City Clerk shall publish a councilmember-requested item in accordance with the City of Santa Ana’s Sunshine Ordinance (Santa Ana Municipal Code Section 2-150) and in accordance with the procedures below. The councilmember-requested item shall include a written description that is sufficient to apprise interested persons of the subject matter of the discussion to be conducted. PROCEDURES In accordance with Chapter 9, Part 1 of Division 2 of Title 5 of the California Government Code beginning with Section 54950 (the Ralph M. “Brown Act”), Santa Ana City Charter Section 411 (“Rules and Procedures”), City Council Resolution 2023-047 (“A Resolution of the City Council of the City of Santa Ana Amending the City Council Rules and Procedures to Change the Time of Regular Meetings, Update the Rules of Procedure, Clarify Decorum Regulations, and Repealing Resolution No. 2013-019”), and all other applicable laws and regulations, councilmembers may add a councilmember-requested item to a City Council meeting agenda by completing the following procedures: 1. The councilmember prepares a written report that outlines the following: A. Date: Specify the City Council meeting date in which you would like to discuss the report. B. Topic: Use plain language to describe the topic of the report. C. Councilmember-Requested Item Title: Describe the action you are requesting, which relates to the topic of the report. D. Discussion: Provide a brief chronology of the item. Identify issues. If there is a provision of law, rule, policy, and/or previous City Council action related to this item, note it in this section. Provide a brief explanation of the item, focusing on data collection, analysis, and evaluation. E. Submitted By: Add your name to your report. City Council Policy Regarding Councilmember-Requested Items Page 2 F.Exhibit(s): If you are including supplemental documents to your report, list them here. 2.The councilmember informs the City Manager, City Clerk, and City Attorney in writing to notify them of the councilmember-requested item. A.The written communication from the councilmember to the City Manager, City Clerk, and City Attorney shall include the report as described in Section 1 of this section. B.The councilmember shall inform the City Manager, City Clerk, and City Attorney by no later than five hours prior to the time of publishing of the City Council meeting agenda for the City Council meeting in which the councilmember-requested item is to be discussed. 3.Once the report is written and after the councilmember has informed the City Manager, City Clerk, and City Attorney in writing, the councilmember submits the final version of their report to the City Manager’s Office and City Clerk’s Office to be added to an upcoming City Council meeting agenda. A.The Councilmember shall use the Councilmember-Requested Item Policy template, attached to this policy as Attachment 1. B.The report shall be submitted for publishing by no later than five hours prior to the time of publishing of the City Council meeting agenda for the City Council meeting in which the councilmember-requested item is to be discussed. C.The report shall be published in accordance with the established due dates to ensure compliance with the City’s Sunshine Ordinance (see Sec. 2-150 of the Santa Ana Municipal Code). City Council Policy Regarding Councilmember-Requested Items Attachment A CITY ATTORNEY Sonia R. Carvalho CITY MANAGER Kristine Ridge CLERK OF THE COUNCIL Jennifer L. Hall 20 CIVIC CENTER PLAZA - P.O. BOX 1988, M31 - SANTA ANA, CALIFORNIA 92702 TELEPHONE (714) 647-6900 - FAX (714) 647-6954 - www.santa-ana.org Councilmember-Requested Item Report D ATE [month], [day], [year] TOPIC [Use plain language to describe the topic of the report.] COUNCILMEMBER-REQUESTED ITEM TITLE [Describe the action you are requesting, which relates to the topic of the report.] DISCUSSION [Provide a brief chronology of the item. Identify issues. If there is a provision of law, rule, policy, and/or previous City Council action related to this item, note it in this section.] [Provide a brief explanation of the item, focusing on data collection, analysis, and evaluation.] SUBMITTED BY [councilmember name] EXHIBIT(S) [If you are including supplemental documents to your report, list them here.]