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. 726721. I 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 ~zb~ai.i 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 ~z~~z i . ~ Ordinance No. 1388 September 7, 2010 Page 4 Attachments: 1 -Ordinance No. 1388 2 -Resolution No. 10-92 726721.1 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 726538,1 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 726588. t 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 726588.1 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