Agenda Item No. 20
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council r
FROM: Joe Pradetto, Director of Government Affairs/PIO ` Ana Sauseda, Direct of General Services/City Clerkj'N+
FOR: City Council Meeting of June 26, 2023
SUBJECT: Sunshine Ordinance Implementation Update
RECOMMENDATION:
That the City Council receive and file this update regarding the implementation of the Sunshine Ordinance and associated efforts to enhance transparency.
BACKGROUND:
On March 27"' and April 10"', your honorable City Council approved the introduction and final adoption of Ordinance 421 (Sunshine Ordinance or Ordinance), adding Chapter 2.06 to the Municipal Code related to transparency and ethics. The Sunshine Ordinance goes into effect on July I", and aims to promote transparency, accountability, and public trust in local government.
The Ordinance requires the City to provide increased access to public information and follow best practices for transparency and ethics. As the Ordinance's effective date approaches, this report outlines the implementation status of its major provisions.
Implementation Status of Major Provisions with the Sunshine Ordinance Item
Provision
Section
Status
Notes
1 Labor MpUs posted on
2.05 020
Complete
MOU for general employees is posted
website
on the Transparency Portal.
2 Employment Contracts
05 020
Complete
The CM contract is available on the
Posted on Website
Transparency Portal, HR page.
Salaries and benefits posted
for management,
Salary schedules, benefit resolutions are
3 supervisory, and confidential
2.06.020
Complete
available on the Transparency Portal, HR
employees
page.
4 All City Council -approved
'p'02C
In-
The City does not have the software in
contracts posted to website
progress
place to automate this process.
5 Broadcast meetings in video
2 06 030
Complete
Available on YouTube
online
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All application documents for
Planning has developed an interactive
6 planning action posted to
Z 0b 040
In-
map with project descriptions and is in
website during public notice
Progress
the process of uploading application
period
documents
AB 1234 ethics training
First Training conducted 1/31/23. Next
7 conducted every two years
2.06.050
Complete
training to be conducted in CY 25.
and open to public
Subject committees with at
least one council member
8 and discussing potential
2 06 060
Complete
City Clerk will notice these meetings in
general plan amendment or
compliance with the Brown Act.
zoning changes to the Brown
Act
Develop a communication
In-
Budget contains money for professional
9 2.06.070
Services agreement to develop and
plan
progress
implement plan during FY 23-24
Transparency Portal
To make access to public information simple and easy to access, City staff created the Transparency Portal on the City's website. The Transparency Portal is a one -stop location to access all the information required to be posted by the Sunshine Ordinance, and more. The Transparency Portal is accessible from links on the C:ity's home page and top navigation menu.
Items In -Progress
Although the implementation of most of the Ordinance provisions stand complete, three items remain in, -progress.
Item 4: Posting all Council -approved contracts
Many Council -approved contracts contain personal and private information that must be removed or redacted before posting. The City does not have any way to automate that process. This means that contracts will have to be uploaded through a manual process. Staff will begin uploading contracts as approved by the Council going forward, and will begin adding contracts in reverse chronological order, as time permits.
Item 6: Posting planning application documents
Planning developed an interactive map that provides informations on projects throughout the City.
Planning staff is now working to upload associated planning applications. .Item 9: Develop a conzMunications plan
The Council adopted this as one of its goals for the corning year and approved a budget with funding to support that initiative. This initiative will begin starting July V when the new fiscal year begins.
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Conclusion
Going into the July I" effective date, City staff have implemented most of the provisions of the Sunshine Ordinance. Live video broadcast of City Council meetings was a significant step forward in the City's effort to improve transparency. At present, the City does not have a way to automate the online disclosure of Council -approved contracts and will be uploading contracts through a manual process. This manual process is time intensive and will take time to complete.
In the approved City budget, there is money to develop and execute a communications plan, consistent with Council goals. Drafting the communications plan will likely take several weeks and will most likely go before the Council for approval in August.
Staff continue to explore best practices for improving transparency and building trust with the community.
FISCAL IMPACT
This items does not result in a fiscal impact.
Attachments:
1. Ordinance 421
Approved By:
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ATTACHMENT X
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Attachment 1
ORDINANCE NO. 421
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, AIDING CHAPTER 2.06 TO THE YUCAIPA MUNICIPAL CODE
RELATED TO TRANSPARENCY AND ETHICS
WHEREAS, the City Council of the City of Yucaipa, California, finds it essential to promote transparency, accountability, and public trust in local government; and WHEREAS, the City Council believes that increased access to public information, meaningful public engagement, and adherence to ethical principles will faster a more informed and involved community; and
WHEREAS, the City Council desires to adopt new provisions to the Yucaipa Municipal Code to further these goals and to encourage public participation in City decision -malting;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings
The City Council finds that the adoption of this Ordinance will promote transparency, accountability, and public trust in local government by providing increased access to public information, meaningful public engagement, and adherence to ethical principles.
SECTION 2. Municipal Code Amendment
Chapter 2.06, "Transparency and Ethics," is hereby added to the Yucaipa Municipal Code to read as follows;
Chapter 2.06 - TRANSPARENCY AND ETHICS
2.06.010 - Yucaipa Sunshine Ordinance
This Chapter may be referred to as the "Yucaipa Sunshine Ordinance."
2.06.020 - Online Disclosure of Labor Agreements, Resolutions, and Contracts A. All labor memorandums of understanding, resolutions, and employment contracts shall be posted on the City's website.
B. The salaries and benefits for all management, supervisory and confidential employees shall be posted on the City's website.
C. All City Council approved contracts shall be posted on the City's website, . •
2.06.030 - Broadcasting City Council, Meetings
All City Council meetings shall be broadcast in video online for public viewing.
2.06.040 - Online Posting of Planning Action Documents
All application documents for planning actions shall be posted on the City's website during the public notice period for the application prior to public hearing,
2.06.050 - State Mandated Ethics Training
State mandated ethics training under AB 1234 shall be conducted every two years and open to the public.
2,06.060 - Brown ,Act Compliance for Certain City Committees All City committees with at least one member of the City Council, meeting for the purpose of discussing potential General Plan Amendments or changes to zoning, shall be subject to the provisions of the Brown Act.
2,06.070 - City Manager to Develop Communications Plan
The City Manager shall develop, for City Council approval, a Communications Plan that will increase stakeholder engagement and community understanding of City initiatives and services.
2.06.080 - Website Outages
In the event of a City website outage, any disclosure, posting, or broadcast required by this Chapter shall be made as soon as reasonably practicable after the website becomes operational again.
SECTION 3. Severability,
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted the Ordinance and each, section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
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SECTION 4. Effective Date
The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and pasted pursuant to the provisions of law in that regard.
This Ordinance shall take effect on the later of 30 days after its final passage or July 1, 2023.
PASSED, APPROVED and ADOPTED this loth day of April, 2023.
ATT 5 .
Aka-V-tauseda, CMC
City Clerk
Justin Beaver, Mayor
.APPROVED AS TO FORM:
Stej Graham, City Attorney
i•1
State of California )
County of San Bernardino ) ss
City of Yucaipa }
CERTIFICATION
1, ANA V. SAUSEDA, City Clerk of the City of Yucaipa, California, do hereby certify, that the foregoing is a full, true, and correct copy of Ordinance No. 421, introduced at a regular meeting of the City Council of the City of Yucaipa on the 27th day of March, 2023, and was adopted at its regular meeting held on the 1 Oth day of April, 2023, by the following vote:
AYES: COUNCILMEMBER:
NOES: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
Garner, Thorp, Venable, Mayor Fro Tern
Duncan, Mayor Beaver
None
None
ABSENT: COUNCILMEMBER: None
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