HomeMy WebLinkAbout87-29 Concerning Revision of Certain Council Meeting ProceduresORDINANCE NO. 87-29
AN ORDINANCE CF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, CONCERNING REVISION CF
CERTAIN COUNCIL MEETING PROCEDURES.
THE CITY COUNCIL CP THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
FOLLODE :
SECTION 1. The City Council determines that it would be more conveni-
ent and expeditious to revise the agenda's order of business for Council
meetings and to revise the procedure for conducting rehearings.
ACCORDINGLY, the City Council of the City of Costa Mesa hereby amends
Title 2 of the Costa Mesa Municipal Code as hereinafter set forth:
SECTION 2.
1. Revise the last sentece in Section 2-43 to read: "In that event,
the presiding officer may defer action on the particular matter(s)
for discussion later during the meeting at the end of the agenda
item for new business."
2. Revise Section 2.48(a) to read:
"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 meting
(5) Special presentations
(6) Consent calendar
(7) Public hearings
(8) Old business
(9) New business
(10) Warrants
(11) City Attorney's report
(12) City Manager's report
(13) Oral canmun icat ions
(14) Councilmanic camments and suggestions
(15) Adjournment
3. Revise Section 2-303 to read:
"Section 2-303. Procedure for Appeal.
(1) Any affected person may, within the time limits set forth in
Section 2-305, file an application for appeal. Said application shall
contain sufficient information to identify the party, its interest in
the matter, and the reasons for requesting an appeal.
(2) If the appeal is requested of a person or body which con-
ducts regularly scheduled greetings, the appeal shall be considered at
the first regular meeting which follows receipt of the application by
ten (10) or more days, and which allows sufficient time for the giving
of notice as required by Section 2-308.
(3) If the appeal is requested of an individual or body which
does not conduct regularly scheduled meetings, the appeal shall be
considered not rrore than ten (10) days following receipt of the appli-
cation; provided that the time period may be extended if necessary to
allow the giving of notice as required by Section 2-308.
(4) An appeal hearing shall consist of a new hearing on the
matter by the persDn or body specified in Section 2-309. The appeal
hearing shall be based on the following evidence:
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(a) Any relevant evidence, including staff reports, etc.,
submitted at the titre cf the appeal hearing, and
(b) Findings, if any, and decision of the person or body
whose decision is being appealed."
4. Revise Section 2-304 to read:
"Section 2-304. Procedure for Rehearing.
(1) Any affected person may within the time limits set forth in
Section 2-305 file an application for rehearing. The application
shall contain sufficient information to identify the party, its inter-
est in the matter, and the reasons for requesting a rehearing.
(2) The application shall be considered at the first regular
meeting v�hich follows receipt of the application by ten (10) or nDre
days, or shall be considered within ten (10) days if the person or
body to whom the application is made does not held regular meetings.
To justify obtaining a rehearing the applicant must show that there is
new, relevant evidence which, in the exercise of reasonable diligence,
could not have been produced, or which was improperly excluded, at the
earlier baring, or that the person or body failed to comply with the
law, which contention was not asserted at the earlier hearing.
(3) If the person or body concludes the applicant has net the
burden of justifying the rehearing, the rehearing shall be scheduled
for the next regular reeting which allows sufficient time for the
giving of notice as required by Section 2-308."
5. Revise Section 2-310 to read:
"Section 2-310. Exhaustion of administrative ramedi.es.
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Unless appealed, reheard, or reviewed as provided herein, any
decision becomes final for all purposes when made. 'Ib constitute the
exhaustion cf administrative remedies and as a condition precedent to
filing any court action thereon, there must be filed and considered an
application for rehearing cf the Council action. If an application
for rehearing a Council decision is filed, the Council's decision
becomes final when either (1) the application is denied, or (2) a
decision is made at the rehearing."
SECTION 3. This Ordinance shall take effect and be in full force
thirty (30) days from arra after the passage thereof, and prior to the
expiration oE fifteen (15) days frcan its passage shall be published once in
the ORANGE CONST 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 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 7th day of December, 1987.
ATTEST:
C y Clerk of the City of Costa esa Mayor of the City of Costa Mesa
APPROVED AS TO FOR
CITY ATTORNEY
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STATE CF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY CF COSTA MESA )
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 fore-
going Ordinance No. 87-29 was introduced and considered section by section
at a regular neetirg of said City Council held on the 16th day of November,
1987, and thereafter passed and adopted as a whole at a regular meeting of
said City Council held on the 7th day of December, 1987, by the following
roll call wte:
AYES: COUNCIL MEMBERS: /"'�� C.� I f
NOES: COUNCIL MEMEERS :/U44�j . &/,//.
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHERECIF, I have hereunto set my hand and affixed the Seal
of the City of Costa Mesa this 8th day of December, 1987.
- - = C ty Clerk and ex -officio Clerk the
- City Council of the City of Cos Mesa
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