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HomeMy WebLinkAbout11B - 2ND READ ORD MAYOR PRO AUTHORITY TO SIGNREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 16, 2018 TITLE: ORDINANCE SECOND READING: ADOPT AN ORDINANCE AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE BY AMENDING SECTION 2-101 CONCERNING THE AUTHORITY OF THE MAYOR PRO TEM TO EXECUTE CONTRACTS (STRATEGIC PLAN NO. 5, 1) CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1°t Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO — FILE NUMBER I MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION On December 19, 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 -2936 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE BY AMENDING SECTION 2-101 CONCERNING THE AUTHORITY OF THE MAYOR PRO TEM TO EXECUTE CONTRACTS In summary, the ordinance authorizes Mayor Pro Tem to execute contracts in the absence of the Mayor or in circumstances when the Mayor legally cannot or will not execute contracts as provided for in the City Charter. 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). Ordinance — Second Reading: Chapters 18 and 21 SAMC November 7, 2017 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council EXHIBIT: Ordinance No. NS -2936 11 B-2 SRC 12/01/2017 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 BY AMENDING SECTION 2-101 CONCERNING THE AUTHORITY OF THE MAYOR PRO TEM TO EXECUTE CONTRACTS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. Chapter 2 of the Santa Ana Municipal Code is hereby amended by amending Section 2-101 to read as follows: "Sec. 2-101. — Organization, selection of mayor pro tem and authority to execute contracts "The newly elected council shall convene as set forth in the Santa Ana Charter. The newly elected council shall proceed to organize, and the newly elected mayor shall immediately become the presiding officer. The council shall thereafter elect a mayor pro tem by a majority vote of the council. At any subsequent meeting of the council, in the absence of the mayor and the mayor pro tem the clerk of the council shall call the council to order and call the roll of the members. If a quorum is found to be present, the council shall, by majority vote of those present, elect a chairman of the meeting to act during the meeting or until one of the regularly designated presiding officers shall appear. The mayor pro tem shall have the same authority as the Mayor has to execute contracts on behalf of the City Council, even in circumstances when the mayor is not absent, but where the mayor cannot or will not execute a contract approved by the City Council due to legal or personal reasons." Section 2. 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. 11 B-3 ADOPTED this day of 2017 APPROVED AS TO FORM: By:A 49 S is R. Carvalho, Ci y Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers 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. Date: Clerk of the Council City of Santa Ana 11 B-4