HomeMy WebLinkAbout20 ORDINANCE NO. 1388 & RESOLUTION NO. 10-92Agenda Item 20
Reviewed: 1
AGENDA REPORT City Manager
Finance Director _
MEETING DATE: SEPTEMBER 7, 2010
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: CITY ATTORNEY
SUBJECT: ORDINANCE NO. 1388 AND RESOLUTION 10-92 -TRANSPARENCY IN
CITY GOVERNMENT
SUMMARY
Ordinance No. 1388 proposes to add a new Tustin City Code Section 1211 regarding
transparency in city government. In effect, the Ordinance would require that certain public
reports, forms, city documents, and financial information identified in a City Council
Resolution be made publically available online, and that online links to the documents
and information be centralized on the City's web site.
Resolution 10-92 would implement Ordinance 1388 by establishing a centralized
"Transparency in City Government" webpage containing links to a list of key public
reports, forms, city documents, and financial information that would be available for
review online, 24 hours per day.
RECOMMENDATIONS:
1. Introduce and hold first reading of Ordinance No. 1388 (Attachment 1) by title
only.
2. Instruct staff to set Ordinance 1388 for a second reading at the City Council's
September, 21, 2010, meeting;
3. Instruct staff to return with Resolution 10-92 (Attachment 2) for adoption at the
September 21, 2010, meeting.
FISCAL IMPACT:
Unknown, but not expected to be significant. Although much of the information is available
online at the City's website, certain categories of information will require staff time to
compile and to update.
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Ordinance No. 1388
September 7, 2010
Page 2
BACKGROUND and DISCUSSION:
The City of Tustin makes available to its residents and the public at large a wide variety of
information and documents regarding the way in which the City performs the public's
business. Other agencies have faced pointed public criticism about the lack of
transparency in the conduct of the public's business.
The City of Tustin has made a concerted effort over the years to make information and
records available to the public at City Hall during operating hours, and to make many of
those same resources available online to the public 24 hours a day. Presently, however,
there is no City Ordinance which requires such information or documents to be made
available online, nor has the City Council directed City staff what minimum categories of
documents and information should be provided online.
Adoption of Ordinance 1388 (Attachment 1) would require that the City maintain online
public access to documents and information. Resolution 10-92 (Attachment 2) would
direct staff to establish a new "Transparency in City Government" web page containing
links to key documents and information as specified by the City Council. Resolution 10-92
would also identify the categories of public reports, forms, city documents, and financial
information that, at a minimum, would be required to be available online.
If the Ordinance and Resolution are approved, the categories of information and
documents that would be required to be provided online would include:
a. The following mandatory reports/filings:
AB 1234 -Mandatory Ethics Training Proof of Completion Certificate
Form 700 -Statement of Economic Interests
Form 803 - Behested Payment Report
Form 460 -Recipient Committee Campaign Statement
Form 410 -Statement of Organization Recipient Committee
b. The following financial information and reports
Current City Operating Budget
Comprehensive Annual Financial Report
Single Audit Report
State Controller's Report
Redevelopment Agency Controller's Report
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Ordinance No. 1388
September 7, 2010
Page 3
Treasury Report
c. The following miscellaneous information:
Current Labor Contracts with Conditions and Benefits
A breakdown of the Taxpayer Dollar {by Income and Expense)
Top 10 Web Pages within the City website
Top 10most-requested public documents
10 top-paid City employees
Elected and Appointed Official Expense Reimbursement Reports
A link to "Contact Us" to assist member of the public regarding documents not
included on Transparency page
City Human Resources staff is working with other cities and public agencies in Orange
County in an effort to identify a common method to calculate total employee
compensation. Public employees, like private sector employees, often receive
"compensation" of various types, such as salary and health insurance and retirement. The
agencies hope by establishing a standard template for this reporting, the resulting
comparisons will be apples-to-apples, and more meaningful. If the multi-agency method of
calculating total compensation is agreed upon, then City staff will apply that method to
determine the "10 top-paid City employees."
The City Attorney's office prepared draft Ordinance No. 1388 and Resolution 10-92;
therefore, the language of the proposed ordinance and resolution are in appropriate legal
content and form.
ENVIRONMENTAL:
The proposed code amendment is not subject to the California Environmental Quality Act
("CEQA") pursuant to Title 14, California Cade of Regulations, Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment} and 15060(c)(3) {the activity is not a project as defined in Section 15378)
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
Douglas C. Holland
City Attorney
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Ordinance No. 1388
September 7, 2010
Page 4
Attachments: 1 -Ordinance No. 1388
2 -Resolution No. 10-92
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ORDINANCE NO. 1388
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADDING TUSTIN CITY CODE
SECTION 1211 RELATING TO TRANSPARENCY IN CITY
GOVERNMENT WEB PAGE.
The City Council of the City of Tustin, California, ordains:
SECTION 1: Section 1211 is hereby added to the Tustin City Code to read as follows:
SECTION 1211 Transparency in City Government Web Page
The City shall make publically available, and centralize on the City's web site,
finks to specified public reports, forms, city documents, and financial information.
The materials to be linked and available include, but need not be limited to, those
public reports, forms, city documents, and financial information specified by
Resolution of the City Council, as updated from time to time.
SECTION 2. This Ordinance shall take effect on the 31st day after it is enacted.
PASSED, APPROVED, AND ADOPTED this day of 2010.
ATTEST:
JERRY AMANTE, MAYOR
PAMELA STOKER, CITY CLERK
APPROVED AS TO FORM:
DOUGLAS HOLLAND, CI ATTORNEY
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ORDINANCE CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE } ss.
CITY OF TUSTIN )
ORDINANCE NO.
PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of the City
Council of the City of Tustin is five;. that the above and foregoing Ordinance 1388 was
passed and adopted at a- regular meeting of the City Council held on the day of
2010, by the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNClLPERSONS ABSENT:
PAMELA STOKER, CITY CLERK
Published:
726538.1
RESOLUTION NO. 10-92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN REGARDING ENSURING TRANSPARENCY
IN CITY GOVERNMENT.
THE CITY COUNCIL OF THE CITY OF TUSTIN RESOLVES AS
FOLLOWS:
Section 1:. The City Council hereby, finds, determines, and declares as
follows:
A. City government, the Tustin City Council, and the City's
Commissions exist to serve the public and to conduct the people's business.
B. The Internet provides the opportunity for the City to make available
Free, 24-hour access to vital information about the City to all members of the
public.
C. By centralizing the Internet location of public information about the
City, its finances, and its officials, the City will improve the transparency of its
public service operations, will better enable the public to understand and
scrutinize the quality of the public services it receives, and will empower the
public with the information to help improve the ways in which the City
conducts the public's business.
Section 2. The City Manager, or his or her designee, shall establish a
"Transparency in City Government" web page within the City's website. A link
to this web page shall be conspicuously identified on the primary page of the
City's website (www.tustinca.org). The "Transparency in City Government"
web page shall consolidate links to public reports, forms, documents, and
financial information, including but not necessarily limited to, the following:
a. The following mandatory reports/filings:
i. AB 1234 -Mandatory Ethics Training Proof of Completion
Certificate
ii. Form 700 -Statement of Economic Interests
iii. Form 803 _ Behested Payment Report
iv. Form 460 -Recipient Committee Campaign Statement
v. Form 410 -Statement of Organization Recipient Committee
b. The following financial information and reports:
i. Current City Operating Budget
ii. Comprehensive Annual Financial Report
iii. Single Audit Report
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iv. State Controller's Report
v. Redevelopment Agency Controller's Report
vi. Treasury Report
c. The following miscellaneous information:
i. Current labor Contracts with Conditions and Benefits
ii. A breakdown of the Taxpayer Dollar (by Income and Expense)
iii. Top 10 Web Pages within the City website
iv. Top 10most-requested public documents
v. 10 tap-paid City employees
vi. Elected and Appointed Official Expense Reimbursement Reports
vii. A link to "Contact Us" to assist member of the public regarding
documents not included on Transparency page
Section 3: This Resolution shall be operative from and after adoption hereof.
ADOPTED this _ day of , 2010.
JERRY AMANTE
Mayor
PAMELA STOKER,
City Clerk
APPROVED AS TO FORM:
DOUGLAS HOLLAND, CI ATTORNEY
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, do hereby certify that the whole number of the members of the City
Council of the City of Tustin is five; that the above and foregoing Resolution No. 10-92
was duly passed and adopted at a regular meeting of the Tustin City Council, held on
the day of , 2010 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER,
City Clerk
726588.1