HomeMy WebLinkAbout19-03 - Urgency Ordinance, repealing COIN ordinanceURGENCY ORDINANCE NO. 19-03
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, REPEALING ARTICLE 2 OF CHAPTER VI OF TITLE 2 OF THE
COSTA MESA MUNICIPAL CODE
WHEREAS, due to the City's effective and operative Civic Openness in
Negotiations (COIN) ordinance, the City is subject to the requirements of Senate Bill
(SB) 331, which requires that specific procedures be followed for the negotiation and
approval of certain contracts for goods and services valued at $250,000 or more; and
WHEREAS, SB 331's requirements include, among other things, the requirement
that a contract be heard at a minimum of two meetings of the City Council wherein the
public has an opportunity to review and comment on the matter. A contract that is
subject to the requirements of SB 331 cannot be presented to the City Council for
approval or disapproval until it has been made available to the public for at least sixty
(60) days; and
WHEREAS, SB 331's requirements add a minimum of approximately seventy-
five (75) days to the process of obtaining City Council approval on a contract subject to
SB 331; and
WHEREAS, SB 331 does not apply if the City suspends, revokes, or repeals its
COIN ordinance; and
WHEREAS, due to the City's ongoing litigation involving homeless shelter issues
within the City and County as well as the Ninth Circuit Court of Appeals' decisions in
Jones v. City of Los Angeles (444 F.3d 1118 (9th Cir. 2006)) and Martin v. Boise (902
F.3d 1031 (9th Cir. 2018)), the City is unable to enforce its prohibition against camping
on public property unless it provides shelter beds; and
WHEREAS, the need to enforce the prohibition against camping on public
property is necessary for the immediate preservation of the public health, safety, and
welfare of the City of Costa Mesa; and
WHEREAS, if the City is subject to the requirements of SB 331, it will not be able
to provide shelter beds in a timely manner due to the delay in being able to contract for
shelter services and therefore it will continue to be unable to enforce the prohibition
against camping on public property; and
Urgency Ordinance No. 19-03 Page 1 of 3
WHEREAS, in order to remove the applicability of SB 331 to the City's contracts,
the City must repeal the COIN ordinance; and
WHEREAS, the City Council desires to repeal the COIN ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Recitals. The City Council finds that all the recitals set forth in the
preamble of this Ordinance are true and correct.
Section 2. Findings. The City Council makes and adopts as findings the facts and
conclusions set forth in the preamble of this Ordinance and, for the reasons set forth in
the recitals, finds that adoption of an urgency ordinance repealing the COIN ordinance
is necessary for the immediate preservation of the public health, safety, and welfare of
the City of Costa Mesa.
Section 3. Article 2 (Civic Openness in Negotiations) of Chapter VI (Personnel) of Title
2 (Administration) of the Costa Mesa Municipal Code is hereby repealed.
Section 4. 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 posted
pursuant to the provisions of law.
Section 5. This Ordinance shall take effect immediately.
1 PASSED AND ADOPTED this 151h day of January, 2019.
Katr a F I y, Mayor
ATTEST:
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Brenda Green, ity Clerk
APPROVED AS TO FORM:
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Kimberly HaIrBarlow, City Attorney
Urgency Ordinance No. 19-03 Page 2 of 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY
CERTIFY that the above and foregoing Urgency Ordinance No. 19-03 was duly
introduced and adopted at a regular meeting of the City Council held on the 15th day of
January, 2019, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: CHAVEZ, MARR, REYNOLDS, STEPHENS, FOLEY
NOES: COUNCIL MEMBERS: GENTS, MANSOOR
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 16th day of January, 2019.
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Brenda Gree City Clerk
Urgency Ordinance No. 19-03 Page 3 of 3