HomeMy WebLinkAbout85-26 Relating to City Council Procedures, City Fines, and Claims Against the City for Money or DamagesORDINANCE NO. a�
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA RELATING TO CITY COUNCIL PROCEDURES,
CITY FINES, AND CLAIMS AGAINST THE CITY FOR MONEY
OR DAMAGES.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Costa Mesa finds and
declares as follows:
Certain sections of the Costa Mesa Municipal Code relating to City
Council meetings and procedures and to claims against the City for money or
damages have become outdated or are ambiguous, awkward or incomplete, and
therefore need revision to conform to current law and practices;
State law now authorizes cities to increase the maximum fines for
violations of city ordinances. The City's code should be amended to adopt
the new maximums to allow greater monetary sanctions for code violations.
It has been the experience of the City of Costa Mesa that the claims
procedures mandated by the California Tort Claims Act, codified as Sections
900 et seq. of the Government Code, have been very successful in avoiding
costly litigation and promoting orderly financial planning, in permitting
investigation of claims while evidence is still available, and in allowing
the settlement of meritorious claims with a minimum of expense and delay;
Section 935 of the Government Code authorizes local public entities
to adopt procedures concerning claims for money or damages which are
excepted by Section 905 from the requirement of presenting a claim and
which are not governed by other statutes or regulations, and further
authorizes local public entities to adopt a requirement that all such
claims be presented and acted upon as a prerequisite to suit thereon;
It would be in the public interest to achieve the same ends pro-
moted by the California Tort Claims Act, in regard to claims for money
or damages against the City of Costa Mesa which are excepted from the
claims presentation requirement of the Tort Claims Act, by creating a
procedure for presentation of such claims and requiring that a claim be
presented and acted upon as a prerequisite to suit thereon.
Accordingly, the Costa Mesa Municipal Code is amended as follows:
SECTION 2. Title 2 of the Costa Mesa Municipal Code is amended as
follows:
1. Section 2-22 is added, to read as follows:
"(g) The office designated 'mayor pro tempore' in Government
Code Section 36801 is hereby designated the office of 'Vice Mayor for the
City of Costa Mesa' and is not the office of mayor pro tempore for the
City of Costa Mesa provided for in this section."
2. Section 2-23 is added, to read as follows:
"As used herein, the term 'councilman' applies to all members of
the council, regardless of gender, and the masculine pronoun includes the
feminine."
3. Section 2-37 is amended by designating the existing provisions
as paragraph (a) and adding the following:
"(b) The procedural provisions regarding the conducting of
council meetings and the regulations regarding the conduct of persons at
those meetings set forth in this Chapter III shall also apply to meetings
of the Costa Mesa Redevelopment Agency and Planning Commission; provided,
however, either of said bodies may modify the procedural provisions."
4. Section 2-40 is amended to read as follows:
"Section 2-40. Study Sessions.
(a) The council shall hold study sessions at 2:00 p.m. on the
second Monday of each month, in the fifth floor conference roam of the
city hall, to hear reports from the staff and to review, discuss, and
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debate matters of interest to the city, except that such sessions may be
cancelled by the city manager, with the concurrence of the council, if
not needed. Study sessions shall also be held on the first and third
Mondays of each month at 5:30 p.m., in the conference room adjoining the
city council chambers, except when no regular meeting is to be held on
that date, for the purpose of receiving and reviewing last-minute additions
to the staff reports on items on the agenda for that evening's meeting
and related matters. The mayor may also designate additional study
sessions from time to time, notice to be given in the same manner as for
special meetings of the council.
(b) No official action shall be taken at a study session. The
verbal participation of the public in study sessions shall be subject to the
discretion of the presiding officer."
5. Section 2-41 is amended to read as follows:
"(a) All regular and special meetings and study sessions of the
city council shall be open to the public; provided, however, the city
council may from time to time adjourn from any such meeting or session
into closed session to consider matters authorized in Title 5, Division 2,
Part 1, Chapter 9, Sections 54950 through and including 54961 of the
Government Code ("The Brown Act").
(b) It shall be unlawful for any member of the city council,
or any employee of the city or any other person present during a closed
session to disclose to any person the content or substance of any discussion
which took place during such closed session on any matter legally authorized
to be heard in closed session, unless the city council has authorized the
disclosure of such information by majority vote."
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6. Section 2-42 is amended to read as follows:
"Section 2-42. Council Agenda.
In order to facilitate the orderly conduct of the business of
the council, the city clerk shall be notified no later than 10:00 a.m. on
Tuesday immediately preceding a regular council meeting of all reports,
communications, ordinances, resolutions, contract documents or other
matters to be submitted to the council at such meeting. All matters
shall be in proper form for council action at the time they are submitted
to the city clerk. The city clerk shall prepare an agenda listing such
matters according to the order of business and shall furnish each member
of the council, the city manager, city attorney, and each department head
with a copy of the agenda prior to the council meeting and as far in
advance of the meeting as time will permit. Any matter not on the agenda
may only be acted upon by the council if deemed urgent by a council member
or the city mananger."
7. Section 2-46 is amended to read as follows:
"Section 2-46. Conduct of Business.
At the day and hour set for each regular meeting, each member
of the city council, the city manager, the city clerk and a deputy, the
city attorney, and such department heads or others as have been requested
to be present by the city manager shall take their regular stations in
the council chambers. Subject to the provisions of Section 2-59, the
business of the council is to be conducted in substantially the order
and in the manner as set forth in this chapter, and the parliamentary
rules of Roberts Rules of Order (revised) will be used as a guide only,
unless a majority of the council votes to abide strictly by such rules
for a particular meeting."
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8. Section 2-47 is amended to read as follows:
"Section 2-47. Quorum; Vote Required.
Three (3) members of the council shall constitute a quorum for
the transaction of business. Motions may be passed by a majority if only
three (3) attend, but ordinances, resolutions granting franchises and
payment of money require at least three (3) affirmative votes. Where
there is no quorum, the mayor, vice -mayor, or any member of the council
or the city clerk if no member of the council is present, shall adjourn
such meeting and the city clerk shall post written notice on the door of
the council chambers stating the time and date to which the meeting is
adjourned. For the purpose of considering any item subject to vote of
the council, when a member of the council disqualifies himself because
of a conflict of interest, his presence shall not be considered in deter-
mining the presence of a quorum. Consideration of such item shall be
deferred until a quorum of disinterested council members is present to dis-
cuss and vote on the item, if disqualification reduces those in attendance
to less than a quorum."
9. Section 2-48 is amended to read as follows:
"Section 2-48. Order of Business.
(a) The order of business at council meetings will be:
(1) Pledge of allegiance to the flag
(2) Invocation
(3) Roll call and call to order
(4) Approval of minutes of previous meeting
(5) Special presentation
(6) Oral communication
(7) Consent calendar
(8) Old business
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(9) Warrants
(10) City attorney's report
(11) City manager's report
(12) Public hearings
(13) New business
(14) Councilmanic comments and suggestions
(15) Adjournment
(b) The presiding officer or a majority of the council may
change the order of business at any time during the meeting; however,
business will be considered in the order shown above, unless modified as
provided for in this section."
10. Section 2-49 is amended by adding the following:
"From time to time the mayor may designate another council
member to be the presiding officer for a particular meeting, unless
opposed by a majority of the council."
11. Section 2-52 is deleted in its entirety.
12. Section 2-59 is amended to read as follows:
"Section 2-59. Failure to Observe Rules of Order.
The rules set forth in this chapter are to expedite the transac-
tion of the council's business in an orderly fashion and deemed to be
procedural guidelines only; the failure to observe or enforce such rules
shall in no manner affect the jurisdiction of the council or the
regularity, validity, legality, or effectiveness of any proceeding or
action taken by the council that is otherwise in conformity with general
law. The council expressly reserves its discretion to conduct its own
proceedings otherwise than as provided in this chapter."
13. Section 2-60 is amended to read as follows:
"Section 2-60. Propriety of Conduct of Council Members.
(a) Members of the council shall preserve order and decorum
during a meeting.
(b) It shall be unlawful for any member of the council to
violate any of the following rules:
(1) Members of the council shall not, by disorderly,
insolent or disturbing action, speech, or otherwise substantially delay,
interrupt or disturb the proceedings of the council.
(2) Members of the council shall obey and carry out the
lawful orders or directives of the presiding officer.
14. Section 2-61 is amended to read as follows:
"Section 2-61. Propriety of Conduct While Addressing the Council
(a) The presiding officer at a meeting may in his or her discre-
tion bar from further audience before the council, or have removed from
the council chambers, any person who commits disorderly, insolent, or
disruptive behavior, including but not limited to, the actions set forth
in (b) below.
(b) It shall be unlawful for any person while addressing the
council at a council meeting to violate any of the following rules after
being called to order and warned to desist from such conduct:
(1) No person shall make any personal, impertinent,
profane, insolent, or slanderous remarks.
(2) No person shall yell at the council in a loud,
disturbing voice.
(3) No person shall speak without being recognized by the
presiding officer.
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(4) No person shall continue to speak after being told
by the presiding officer that his allotted time for addressing the council
has expired.
(5) Every person shall comply with and obey the lawful
orders or directives of the presiding officer.
(6) No person shall, by disorderly, insolent, or disturbing
action, speech, or otherwise substantially delay, interrupt, or disturb
the proceedings of the council."
15. Section 2-62 is amended by deleting the last sentence.
16. Section 2-64 is amended to read as follows:
"Section 2-64. Disorderliness by Members of the Audience.
It shall be unlawful for any person in the audience at a council
meeting to do any of the following after being called to order and warned
to desist from such conduct:
(1) Engage in disorderly, disruptive, disturbing, delaying or
boisterous conduct, such as, but not limited to, handclapping, stomping
of feet, whistling, making noise, use of profane language or obscene
gestures, yelling or similar demonstrations, which conduct substantially
interrupts, delays, or disturbs the peace and good order of the proceedings
of the council.
(2) Refuse to comply with a lawful order or directive of the
presiding officer of the council.
'Ihe sergeant -at -arms shall have the authority to remove any such
person from the council chamber and place him or her under arrest, or both."
17. Section 2-66 is amended to read as follows:
"Section 2-66. Enforcement.
The chief of police or such members of the police department
as he may designate shall attend each council meeting and shall be
sergeant -at -arms of the city council. The sergeant -at -arms shall carry
out all lawful orders given by the presiding officer for the purpose of
maintaining order at the council meetings. The sergeant -at -arms shall
have the authority and power to enforce the orders of the presiding
officer relating to the order and conduct at council meetings and to
arrest any person violating the provisions of this chapter.
Any councilmember may move to require the presiding officer to
enforce the rules of conduct and a majority vote of the council shall
require him or her to do so.
18. Section 2-74 is amended by inserting, after the words "city
attorney," the words "or his authorized representative."
19. Section 2-77 is amended to read as follows:
"Section 2-77. Public Hearings; Opening.
After the city clerk has announced that the time has arrived for
consideration of a scheduled agenda item set for public hearing, the
presiding officer may ascertain whether or not anyone wishes to be heard on
the agenda item under consideration. If there are persons present wishing
to be heard, they will be given an opportunity to address the council in
accordance with the provisions of Sections 2-61 through and including
2-65 of this Code."
20. Section 2-79 is amended as follows:
(a) In the first sentence delete the words "through the
presiding officer," and substitute "members present and voting."
(b) Add after the first sentence: "The applicant, or a person
affected by the project which requires the public hearing, may request a
continuance, which the council may grant at its discretion upon deciding
good cause exists. A public hearing may begin at one council meeting and
be continued to and completed at another meeting."
(c) Delete the third, fourth and fifth sentences.
21. Section 2-80 is amended to read as follows:
"Section 2-80. Public Hearings; Closing and Reopening.
When neither the applicant nor other members of the public, nor
the city staff have further evidence to present, or when in the opinion
of the presiding officer or the majority of the council members present
and participating, sufficient evidence has been presented, the presiding
officer shall order the public hearing closed, at which time no further
oral or written evidence will be received by the council; provided,
however, that if at any time before the council has taken action by voting
on the matter the presiding officer or the majority of the council
members present and participating decides that further evidence is
necessary, the public hearing may be reopened. Such a reopening of the
public hearing can occur at the council meeting at which the hearing began,
or at any regular or special meeting to which the matter is continued.
22. Section 2-81 is amended to read as follows:
"Section 2-81. Public Hearings; Referral to Planning Commission.
By majority vote, the council may refer back to the planning
commission any matter concerning which the commission has previously made
a report or recommendation to the council or has taken final action which
has been appealed to the council. Any such order of referral shall specify
the nature of the planning commission action desired, such as holding
further public hearings, making a further recommendation or report, or
making a final decision on the matter, and such order may also include
additional instructions for the guidance of the planning commission.
Such referral will be to a specific planning commission meeting and will
constitute public notice of the further proceedings."
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23. Section 2-83 is amended to read as follows:
"Section 2-83. Tape Recordings.
The city clerk will electronically record all regular council
meetings as a stenographic aid, and will retain the recording tapes for at
least one year, provided, however, that the council, city manager, or city
attorney may order any tape, or portion thereof, retained for any longer
period if necessary for city business."
24. Article 3 is amended by deleting all the existing sections and
now is to read as follows:
"Article 3. Claims Against City"
"Section 2-183. Presentation by city officers prohibited.
No city officer shall, except for his own service, present any claim,
account or demand for services, goods or materials for allowance against the
City, or in any way, except in the discharge of his official duty, advo-
cate the relief asked in the claim or demand made by any other person."
"Section 2-184. Who may oppose.
Any person may appear before the city council and oppose the allowance
of any claim or demand made against the city."
"Section 2-185. Itemizing required.
The city council will not hear, consider, allow or approve any claim
or demand against the city for goods or services unless the same is
itemized giving names, dates and particular services rendered, character
of process served and upon whom, distance traveled, character of work
done, the number of days engaged, material and supplies furnished, when
and to whom and in what quantity furnished, the price therefor, and
other pertinent details as the case may be."
Me
"Section 2-185.1 Claims for money or damages which are excepted under
the Government Code.
Any claim for money or damages, from whatever cause arising (including
claims for the taking of or damage to private property pursuant to Section
19 of Article 1 of the California Constitution and claims based on contract)
which are excluded from the claim presentation requirement of the California
Tort Claims Act, codified as Government Code Sections 900 et seq., or
for which a claim is not required by any other provision of law, shall
be presented and processed in accordance with the procedures set forth
in this Article."
"Section 2-185.2. Time for presentation of claims.
A claim required to be presented pursuant to this Article shall be
presented not later than the one hundredth (100th) day after the accrual
of the cause of action if the claim relates to a cause of action for
death or for injury to person or to personal property or growing crops.
A claim relating to any other cause of action which is required to
be presented pursuant to this Article shall be presented not later than
one (1) year after the accrual of the cause of action. Unless otherwise
required by State law, a cause of action shall be deemed to accrue imme-
diately upon the occurrence of the event or transaction from which the
damages allegedly arose."
"Section 2-185.3. Contents of claim.
Any claim required to be presented pursuant to this Article shall con-
tain all the information required of claims by the provisions of Section 910
of the California Government Code, insofar as each requirement is applicable
to the type of claim presented."
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"Section 2-185.4. Claim deemed rejected if not acted upon within
forty-five (45) days.
Any claim which has been duly presented in a timely fashion shall be
deemed rejected on the forty-fifth (45th) day after its presentation unless,
prior to that time, the claim has been accepted and paid, compromised, or
rejected by the City Council and written notice of such rejection has been
sent to the claimant."
"Section 2-185.5. Written claim acted upon by City Council or deemed
rejected is prerequisite to suit.
No suit for money or damages may be brought against the City of Costa
Mesa or any city officer in his official capacity or against any city
employee or agent for matters within the scope of his or her employment
or agency, on any cause of action for which a claim is required to be
presented in accordance with this Article, until a written claim therefor
has been duly presented and has been acted upon by the City Council or
has been deemed to have been rejected in accordance with Section 2-185.4
of this Article."
"Section 2-186. Sufficiency of claims.
In the case of any claim which, in the opinion of the city clerk,
fails to comply substantially with the requirement of Sections 910 and
910.2 of the Government Code, or with the requirements of a form provided
under Section 910.4 of the Government Code if a claim is presented pur-
suant thereto, the city clerk will give written notice of its insuffi-
ciency, stating with particularity the defects or omissions therein.
Such notice may be given personally to the person presenting the claim
or by mailing it to the address, if any, stated in the claim as the
address to which the person presenting the claim desires notices to be
sent. If no such address is stated in the claim, the notice may be mailed
to the address, if any, of the claimaint as stated in the claim."
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"Section 2-187. Timeliness of claims.
In the case of any claim which seeks money or damages based upon any
provision of law, where it is the opinion of the city clerk that such
claim is not presented within the appropriate time, the city clerk shall
not file the claim and shall promptly give written notice to the claimant
that such claim has not been filed, stating with particularity the reason
therefor. Such notice may be given personally to the person tendering
the claim or by mailing it to the address, if any, stated in the claim
as the address to which the person presenting the claim desires notices
to be sent. If no such address is stated in the claim, the notice may
be mailed to the address, if any, of the claimant as stated in the claim."
"Section 2-188. Disposition of claim.
If the city council finds that any such claim or demand is not a
proper charge against the city, it shall be rejected, and the fact of
rejection shall be plainly endorsed upon the claim by the city clerk.
If any such claim or demand is determined to be a proper charge against
the city, the same shall be allowed only under authority of Section 2-189
upon written order of the insurance cmmittee, or by motion or resolution
of the city council setting forth as to each claim the name of the claimant,
a brief statement of the claim, the amount allowed and a designation of
the fund out of which it is to be paid. Any claim may be allowed in
part and rejected in part."
"Section 2-189. Settlement of certain claims.
a. The city council authorizes an insurance committee, comprised of
at least three (3) employees of the city as designated by resolution, to
perform such functions of the city council as provided in Chapter 5 of
Title 1 of the Government Code, including the negotiation of all claims
and settlement of any claim where the amount to be paid pursuant to an
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allowance, compromise or settlement does not exceed five thousand dollars
($5,000.00). Upon written approval of a majority of the insurance
committee, the director of finance shall cause a warrant to be issued
upon the treasury of the city in the amount for which a claim has been
allowed, compromised or settled.
b. A claims administrator under contract with the city may be
authorized to allow, compromise, or settle any tort claim for a sum no
greater than one thousand dollars ($1,000.00)."
25. Section 1-33 is amended by changing the amounts of the fines
in subsections (a)(1), (2) and (3) to be one hundred dollars ($100.00),
two hundred dollars ($200.00), and five hundred dollars ($500.00),
respectively, and the amount of fines in subsection (b) to be one
thousand dollars ($1,000.00).
SECTION 3. Zhis Ordinance shall take effect and be in full force
thirty (30) days from and after the passage thereof, and prior to the
expiration of fifteen (15) days from its passage shall be published once
in the ORANGE COAST DAILY PILOT, a newspaper of general circulation,
printed and published in the City of Costa Mesa or, in the alternative,
the City Clerk may cause to be published a summary of this Ordinance and
a certified copy of the text of this Ordinance shall be posted in the
office of the City Clerk five (5) days prior to the date of adoption of
this Ordinance, and within fifteen (15) days after adoption, the City
Clerk shall cause to be published the aforementioned summary and shall
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post in the office of the City Clerk a certified copy of this Ordinance
together with the names of the members of the City Council voting for
and against the same.
PASSED AND ADOPTED this ;Z/ day of , 1985.
ATTEST:
C tyClerk of the City of Cos Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
—Mayor of the City I#-gV
APP—ROVED AS TO FORM 1,
C ITY ATTO R N EY
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City
Council of the City of Costa Mesa, hereby certify that the above and
foregoing Ordinance No.was introduced and considered section
by sec&re
egular meeting of said City Council held on the /a
day of, 1985, and thereafter passed and adopted as a
wholer meeting of said City Council held on the?./ day
of, 1985, by the following roll call vote: Id4j'&)u
AYES: COUNCILMEMBERS:
NOES: ODUNCILMEMBERS: ttt
ABSENT: COUNCILMEMBERS: !/t"A.-
IN WITNESS WHEREOF, I have hereunto s t my hand nd of ixed the
Seal of the City of Costa Mesa this �(,�day of ,
1985.
- - - Ci y Clerk and ex -officio Clerk the
City Council of the City of Cost Mesa
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