HomeMy WebLinkAbout72-38 - Procedural Rules, City Council BusinessORDINANCE NO. 7.2 �?8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA ADOPTING PROCEDURAL RULES AND
REGULATIONS FOR CONDUCTING CITY BUSINESS AT
CITY COUNCIL MEETINGS;. SETTING FORTH RESPONSI-
BILITIES WITH RESPECT TO CITY MAIL; SETTING
FORTH RESPONSIBILITIES WITH RESPECT TO
ORDINANCES, RESOLUTIONS AND CONTRACTS, AND
ESTABLISHING COUNCIL MINUTES OF OFFICIAL
RECORDS OF THE CITY OF COSTA MESA.
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
hereby finds and declares that by reason of the increased growth
of this City from its incorporation in June of 1953 to the
present, and further by reason of the increased intensity and
complexity of City business, a need to overhaul, revise and
update procedural rules for the conduct of public business is
necessary. The City Council further finds and declares that
rules adopted at the time of the incorporation of the City served
well their purpose at that time, but are now antiquated and
in need of additions and amendments. The City Council further
finds and declares that increased concentrated judicial attention
to the Due Process Clauses of both the California and Federal
Constitution regarding public hearings and the rights of individuals
to be heard, require more detailed rules and regulations, insuring
the protection of said rights. The City Council further finds
and declares that 1968 Civil Rights Act makes it imperative that
any person having business before the City Council have a reasonable
opportunity to be heard and their matter acted upon.
Accordingly, the City Council hereby enacts Chapter II,
Article 2 of the Costa Mesa Municipal Code which shall be as follows:
SECTION 2. CHAPTER II
Administration
Article 2
CITY COUNCIL MEETINGS AND PROCEDURES
Section
2200
Purpose
Section
2201
Regular Meetings
Section
2202
Special Meetings
Section
2203
Study Sessions
Section
2204
Meetings to be Public - Exceptions
Section
2205
Council Agenda
Section
2206
Consent Calendar
Section
2207
Correspondence - Availability to Public
Section
2208
Correspondence - Authority of City
Manager
Section
2209
Conduct of Business
Section
2210
Quorum
Section
2211
Order of Business
Section
2212
Presiding Officer
Section
2213
Presiding Officer - Powers and Duties
Section
2214
Gaining the Floor
Section
2215
Questions to the Staff
Section
2216
Interruptions
Section
2217
Points of Order
Section
2218
Point of Personal Privilege
Section
2219
Privilege of Closing Debate
Section
2220
Remarks of Councilman and Synopsis of
Debate
Section
2221
Protest Against Council Action
Section
2222
Failure to Observe Rules of Order
Section
2223
Propriety of Conduct - Council
Section
2224
Propriety of Conduct - Public
Section
2225
Addressing the Council - Procedure
Section
2226
Addressing the Council - Spokesman for
Group of Persons
Section
2227
Addressing the Council - Members of
Audience
- 2 -
Section
2228
Persons Authorized to be Within Rail
Section
2229
Enforcement of Order
Section
2230
Voting Procedure
Section
2231
Disqualification for Conflict of
Interest
Section
2232
Failure to Vote
Section
2233
Tie Vote
Section
2234
Changing Vote
Section
2235
Reconsideration
Section
2236
Ordinances, Resolutions and Contracts
Section
2237
Prior Approval by Administrative Staff
Section
2238
Reading of Ordinances and Resolutions
Section
2239
Public Hearings - When Held
Section
2240
Public Hearings - Opening
Section
2241
Public Hearings - Evidence, Oral and
Written Testimony
Section
2242
Public Hearings - Continuations
Section
2243
Public Hearings - Closing
Section
2244
Public Hearings - Re -Opening
Section
2245
Minutes as an Official Record
Section
2246
Tape Recordings
Section
2247
Distribution of Minutes
Section
2248
Reading of Minutes
Section 2200 Purpose
The purpose of this Article is to provide a guide for the
City Council and its staff for the conduct of business and for the
preparation of agenda and minutes for City Council meetings.
Section 2201 Regular Meetings
The City Council shall hold regular meetings on the
first and third Mondays of each month at the hour of 6:30 p.m.
3 -
in the Council Chambers of the City Hall, 77 Fair Drive, Costa
Mesa, or such other place as designated by the City Council. If
by reason of fire, flood, or other emergency, it shall be unsafe
to meet in the City Hall, the meetings may be held for the
duration of the emergency at such other places as is designated
by the Mayor, or, if he should fail to act, by three members of
the City Council. When the day for any regular meeting falls on
a holiday, Christmas Eve or New Year's Eve, such meetings shall be
held at the same hour and place on the next succeeding day not a
holiday or such other time as designated by the City Council.
Section 2202 Special Meetings.
Special Meetings may be called at any time by the
Mayor or majority of Councilmen by delivering personally or by
mail written notice to each Councilman and to each person or
entity having filed written request for notice of meetings.
Such notice must be delivered personally or by mail at least
twenty-four (24) hours before the time of such meeting as
specified in the notice. The call and notice shall specify the
time and place of the special meeting and the business to be
transacted. No other business shall be considered at such
meetings. Such written notice may be dispensed with as to any
Councilman who at or prior to the time the meeting convenes files
with the City Clerk a written waiver of notice. Such waiver,
may be given by telegram. Such written notice may also be
dispensed with as to any Councilman who is actually present at
the meeting at the time it convenes.
Section 2203 Study Sessions
The Council may, from time to time, meet in study
sessions, open to the public, at a time and place designated by
the Mayor. Nature of such sessions will be given at the prior
- 4 -
Council meeting or by the City Clerk to those persons or entities
who have requested notice in writing, at least 24 hours in advance
of such meeting. The purpose of such a meeting shall be for
hearing reports from the staff and reviewing, discussing and
debating matters of interest to the City. No official action
shall be taken at a study session. The participation of the public
in such session shall be subject to the discretion of the presiding
officer.
Section 2204 Meetings to be Public - Exceptions
All regular and special meetings of the City Council
shall be open to the public; provided, however, the City Council
may hold executive sessions during a regular or special meeting,
from which the public and any person or entity having filed
written request for notice of meetings, may be excluded for the
purpose of considering the matters, as authorized by Title 5,
Division 2, Part 1, Chapter 9, Sections 54950 through and
including 54961 Government Code.
No member of the City Council, employee of the City,
or any other person present during an executive session of the
Council shall disclose to any person the content or substance of
any discussion which took place during said executive session
unless the City Council shall authorize the disclosure of such
information by majority vote.
Section 2205 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. Wednesday 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
- 5 -
form for Council action at the time they are submitted to the
City Clerk. Immediately thereafter, the City Clerk shall
arrange a list of such matters according to the order of business
and furnish each member of the Council, the City Manager, and
City Attorney, and each department head with a copy of the same
prior to the Council meeting and as far in advance of the meeting
as time for preparation will permit. No matters other than those
on the agenda shall be finally acted upon by the Council unless
a member of the Council or City Manager determines that a matter
is of urgency nature and the urgency is explained in open Council
meeting and is sufficient to warrant consideration and action by
the Council.
Section 2206 Consent Calendar
Items which have been reviewed by the Council and its
staff and have been made available to the public and to any
person or entity having filed written request for notice of
meetings shall be grouped together and listed under the Consent
Calendar. Actions recommended by the staff shall be in summary
form and be a part of that item. Adoption of the Consent Calendar
may be made by one motion only by the Council; provided, however,
that the Presiding Officer should first advise the audience that
the Consent Calendar matters will be adopted in total by one
action of Council unless any Council member or any individual or
organization interested in one or more Consent Calendar items wishes
to be heard. In that event, the Presiding Officer may defer action
on the particular matter or matters and place them on the regular
agenda for consideration in any order he deems appropriate.
Section 2207 Correspondence -Availability to the Public
Correspondence addressed to the City Council which is
received by the City Clerk or any other officer or employee of the
M
City shall not be a matter of public record until received and
filed by the Council at a regular, special, or adjourned meeting
of the Council. Correspondence received in the City Clerk's
office or other offices after 10:00 a.m., Wednesday preceding a
regular Council meeting shall not be placed on the agenda unless
it concerns a matter to be considered by the Council at the next
regular meeting, or is determined by the Mayor or the City Manager
to be an urgent matter which should be brought to the immediate
attention of the Council. Correspondence shall not be read aloud
at a Council meeting unless requested by majority vote of the
Council.
Section 2208 Correspondence - Authority of City Manager
The City Manager's office is authorized to open and
examine all mail or other written communications addressed to the
City Council except that correspondence marked "personal" or
"confidential" and to give it warranted attention to the end that
all administrative business referred to in said communications
and not requiring Council action may be acted upon between Council
meetings. The City Manager's office and the City Clerk's office
shall coordinate on mail received by the City Clerk's office in
order to effectively accomplish the purposes of this section.
Section 2209 Conduct of Business
At an hour set by ordinance on the day of each regular
meeting, each member of the Council, the City Manager, and City
Clerk, Deputy City Clerk, City Attorney and such department
heads or others as have been requested to be present shall take
their regular stations in the Council Chambers. The business of
the Council shall be conducted in substantially the order and in
the manner as herein provided and, so far as practicable, in
accordance with parliamentary rules as laid down in Robert's
Rules of Order (revised); provided, however, that a failure to
- 7 -
observe or enforce such rules shall in no manner affect the
regularity, validity or legality of any action or proceedings
taken by the Council, and the City Council in its discretion and
in accordance with its right to govern its own proceedings, does
hereby reserve the right to proceed at any time otherwise than
as prescribed or indicated in said Robert's Rules of Order.
Section 2210 Quorum
Three members of the Council shall constitute a quorum
for the transaction of business. Motions may be passed by a majority
if only three attend, but ordinances, resolutions granting
franchises and payment of money require at least three affirmative
votes. Less than a quorum may adjourn from time to time. Where
there is no quorum the Mayor, Vice Mayor or any member of the
Council shall adjourn such meeting, or if no member of the
Council is present, the City Clerk shall adjourn the meeting. For
the purpose of considering any item subject to vote of the
Council, when a member of the Council disqualifies himself due
to conflict of interest, his presence shall not be considered in
determining the presence
of a quorum.
Consideration on such
item
shall be deferred until a
quorum of
non -interested Councilmen
is
present to discuss and vote on them if his disqualification
reduces those in attendance to less than a quorum.
Section 2211 Order of Business
The business of the Council shall be taken up for
consideration and disposition in the following order:
1. Pledge of Allegiance to Flag
2. Invocation
3. Roll Call and Call to Order
4. Approval of Minutes of Previous Meeting
5. Special Presentations
6. Old Business
7. Consent Calendar
8. Warrants
9. City Attorney's Report
10. City Manager's Report
11. Public Hearings
12. New Business
13. Oral Communications
14. Councilmanic Comments and Suggestions
15. Adjournment
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 consideredin the order shown above,
unless modified as provided for in this section.
Section 2212 Presiding Officer
The Mayor shall be the Presiding Officer at all
meetings of the City Council. In the absence of the Mayor, the
Vice -Mayor shall preside. In the absence of both the Mayor and
Vice -Mayor, theCity Clerk shall call the Council to order,
whereupon a temporary Presiding Officer shall be elected by the
Councilmen present to serve until the arrival of the Mayor or
Vice -Mayor or until adjournment.
Section 2213 Presiding Officer - Powers and Duties
The Presiding Officer shall assume his place and duties
immediately following his election. He shall preserve order at
all meetings, have the power to reasonably limit the time of
any citizen speaking from the floor, state questions coming before
the Council, announce its decision on all subjects and decide all
questions of order; subject, however, to majority vote of the
Council determining questions of order. He shall vote on all
motions. The Mayor shall sign all ordinances and other documents
- 9 -
adopted and approved by the Council at meetings at which he is
in attendance. In the event of his absence, the Vice -Mayor or
Mayor Pro -Tempore shall sign such documents as have been adopted
and approved by the Council. In the absence of the Mayor and
Vice -Mayor, the Mayor Pro -Tempore shall sign such documents as
have been adopted and approved during the meeting at which he
presided.
Section 2214 Gaining the Floor
Every Councilman desiring to speak shall first address
the Chair, gain recognition by the Presiding Officer, and shall
confine himself to the question under debate, avoiding reference
to character and indecorous language.
Section 2215 Questions to the Staff
Every Councilman desiring to question the City staff
shall, after recognition by the Presiding Officer, address his
questions to the City Manager, the City Clerk or the City
Attorney, who shall be entitled either to answer the inquiry
himself or to designate a member of his staff for that purpose.
Section 2216 Interruptions
A Councilman once recognized, shall not be interrupted
when speaking unless called to order by the Presiding Officer,
or unless a point of order or personal privilege is raised by
another Councilman, or unless the speaker chooses to yield to
a question by another Councilman. If a Councilman, while speaking,
is called to order, he shall cease speaking until the question of
order is determined and, if determined to be in order, he may
proceed. Members of the City Staff, after recognition by the
Presiding Officer, shall hold the floor until completion of their
remarks or until recognition is withdrawn by the Presiding Officer.
Section 2217 Points of Order
The Presiding Officer shall determine all points of
- 10 -
order subject to the right of any Councilman to request full
Council ruling and, the question shall be, "Shall the decision
of the Presiding Officer be sustained?" A majority vote shall
conclusively determine such question of order.
Section 2218 Point of Personal Privilege
The right of a Councilman to address the Council on a
question of personal privilege shall be limited to cases in which
his integrity, character or motives are questioned or where the
welfare of the Council is concerned. A Councilman raising a
point of personal privilege may interrupt another Councilman who
has the floor only if the Presiding Officer recognizes the
privilege.
Section 2219 Privilege of Closing Debate
The Councilman moving the adoption of an ordinance,
resolution or motion shall have the privilege of closing debate,
subject to a Council majority ruling that debate should continue.
Section 2220 Remarks of Councilman and Synopsis of
e ate
A Councilman may request through the Presiding Officer
the privilege of having an abstract of his statement on any subject
under consideration by the Council entered in the minutes. If
the Council consents thereto, such statement shall be entered
in the minutes.
Section 2221 Protest Against Council Action
Any Councilman shall have the right to have the
reasons for his dissent from or his protest against any action of
the Council entered in the minutes. Such dissent or protest to
be entered in the minutes shall be made in substantially the
following manner: "I would like the minutes to show that I am
opposed to this action for the following reasons. . ."
11 -
Section 2222 Failure to Observe Rules of Order
Rules adopted to expedite the transaction of the
business of the Council in an orderly fashion are deemed to be
procedural only and the failure to strictly observe such rules
shall not affect the jurisdiction of the Council or invalidate
any action taken at a meeting that is otherwise held in conformity
with law.
Section 2223 Propriety of Conduct - Council
Members of the Council must preserve order and decorum
and shall not by conversation or otherwise delay nor interrupt
the proceedings of the Council in any way nor disturb any other
member of the Council while speaking, nor refuse to obey the
orders of the Council or the Presiding Officer, except as otherwise
herein provided.
Section 2224 Propriety of Conduct - Public
The Presiding Officer may bar from further audience
any person who shall make any personal, impertinent or slanderous
remarks or who becomes boisterous or disruptive while addressing
the Council, or who speaks without being recognized by the
Presiding Officer or who speaks out of order, unless permission to
continue is granted by a majority vote of the Council.
Section 2225 Addressing the Council - Procedure
Each person desiring to address the Council shall
approach either microphone at either podium, state his name and
address for the record, state the subject he wishes to discuss,
state whom he is representing if he represents an organization
or other persons, and unless further time is granted by majority
vote of the Council, shall limit his remarks to five (5) minutes.
All remarks shall be addressed to the Council as a whole and not
to any member thereof. No questions shall be asked of a Councilman
- 12 -
or a member of the City staff without obtaining permission of
the Presiding Officer. Any person violating Section 2224 while
addressing the Council shall be called to order by the Presiding
Officer and if such conduct continues, may at the discretion of
the Presiding Officer, be ordered barred from further audience,
and if the conduct warrants, such person may be ordered removed
from Council Chambers.
Section 2226 Addressing the Council - Spokesman for
roup o er5on5
In order to expedite matters and to avoid repetitious
presentations, whenever any group of persons wishes to address
the Council on the same subject matter, it shall be proper for
the Presiding Officer to inquire whether or not the group has a
spokesman and if so, that he be heard with following speakers
in the group to be limited to facts not already presented by
the group spokesman.
Section 2227 Addressing the Council - Members of the
X5aience
Any person in the audience who engages in disorderly
conduct such as handclapping, stamping of feet, whistling, using
profane language, yelling, and similar demonstrations, which
conduct disturbs the peace and good order of the meeting, or
who refuses to comply with the lawful orders of the Presiding
Officer shall be guilty of a misdemeanor as defined in Section
1115 Costa Mesa Municipal Code and after request from the Presiding
Officer, the Sergeant at Arms shall remove any such person from
the Council Chamber and place him under arrest.
Section 2228 Persons Authorized to be Within Rail
No person except members of the Council and the City
staff shall be permitted within the rail without the consent of
the Presiding Officer.
- 13 -
Section 2229 Enforcement of Order
The Chief of Police or such member or members of the
Police Department as he may designate, shall attend each
Council meeting and shall be Sergeant at Arms of the City Council
and shall carry out all order given by the Presiding Officer for
the purpose of maintaining order at the Council meetings. Any
Councilman may move to require the Presiding Officer to enforce
the rules and the affirmative vote of a majority of the Council
shall require him to do so.
Section 2230 Voting Procedures
Any vote of the Council, including a roll call vote,
may be registered by the members by answering "yes" for an
affirmative vote or "no" for a negative vote upon his name
being called by the City Clerk, or by pressing a switch to cause a
green light to show an affirmative vote or a red light to show
a negative vote upon a vote being called for by the Presiding
Officer. The result of any vote registered by means of a.
lighting system shall be audibly announced by the. City Clerk
and recorded by the minutes as the vote.
Section 2231 Disqualification for Conflict of Interest
Any Councilman who is disqualified from voting on a
particular matter by reason of a conflict of interest shall
publicly state or have the Presiding Officer state the nature
of such disqualification in the open Council meeting. Where no
clearly disqualifying conflict of interest appears, the matter of
disqualification may, at the request of the Councilman affected,
be decided by the other Councilmen. A Councilman who is
disqualified by reason of a conflict of interest in any matter
may remain in his seat during the debate and not vote on such
matter, or may request and be given the permission of the Presiding
- 14 -
Officer to step down from the Council table and leave the Council
Chamber. A Councilman stating such disqualification shall not be
counted as a part of a quorum and shall be considered absent for
the purpose of determining the outcome of any vote on such
matter.
Section 2232 Failure to Vote
Every Councilman should vote unless disqualified by
reason of a conflict of interest. A Councilman who abstains
from voting acknowledges that a majority of the quorum may
decide the question voted upon. A Councilman who is silent or
inattentive and fails to vote without stating his abstension or
without being disqualified shall be deemed to have cast a "yes"
vote.
Section 2233 Tie Vote
Tie votes shall be lost motions or"no action" and the
matter voted on may be subject to further Council consideration.
Section 2234 Changing Vote
A member may change his vote only if he makes a
timely request to do so immediately following the announcement
of the vote by the City Clerk and prior to the time the next
item in the order of business is taken up. A Councilman who
publicly announces that he is abstaining from voting on a
particular matter shall not subsequently be allowed to withdraw
his abstention.
Section 2235 Reconsideration
A motion to reconsider any action taken by the Council
may be made only on at the meeting such action was taken. It
may be made either immediately during the same session, or at a
recessed or adjourned session thereof. Such motion may be made
only by one of the Councilmen who voted with the prevailing side.
- 15 -
Nothing herein shall be construed to prevent any Councilman from
making or remaking the same or any other motion at a subsequent
meeting of the Council.
Section 2236 Ordinances, Resolutions and Contracts
All ordinances and contracts shall be prepared by the
City Attorney. No ordinance shall be prepared for presentation
to the Council unless ordered by a Councilman, the whole Council,
the Mayor, City Manager, or prepared by the City Attorney on his
own initiative. All Department Heads shall route requests for
ordinances through the City Manager.
Section 2237 Prior Approval by Administrative Staff
All ordinances, resolutions and contract documents
shall, before presentation to the Council, have been approved
as to form and compliance with all applicable laws by the City
Attorney and shall have been examined and approved for convenience
of administrative application by the City Manager or his
authorized representative.
Section 2238 Reading of Ordinances and Resolutions
At the time of adoption of an ordinance or resolution,
the same shall be read in full unless after the reading of the
title, further reading thereof is waived by unanimous consent
of the Councilmen present. Such consent may be expressed by a
statement by the Presiding Officer that "if there is no objection,
the further reading of the ordinance or resolution shall be
waived." If any Councilman so requests, the ordinance or resolution
shall be read in full.
Section 2239 Public Hearings - When Held
Wherever by law the City Council is required to hold
a public hearing on any matter before it, such hearing will be
held in accordance with the rules and procedures set forth in
- 16 -
this Ordinance. Nothing herein shall prohibit or limit the City
Council from holding a public hearing on any matter before it,
whether required by law or not, and nothing herein shall
prohibit or limit any member of the public from addressing the
Council in accordance with the Rules provided for in this
Ordinance, irrespective of whether or not a public hearing is
being held.
Section 2240 Public Hearings - Opening
After the City Clerk has announced that the time has
arrived for a public hearing on any scheduled agenda item set
for public hearing, the Presiding Officer shall announce that it
is the time and place for said public hearing, and shall ascertain
whether or not anyone wishes to be heard on the agenda item under
consideration. If there are persons present wishing to be
heard the Presiding Officer shall request that those in opposition
to the matter under consideration be heard first, and said persons
shall be given an opportunity to address the Council, in accordance
with the provisions of Section 2224 through and including Section
2228 of this Ordinance.
Section 2241 Public Hearings - Evidence Received
During the public hearing the Council shall receive
oral or written evidence relevant to the matter being considered,
and the Presiding Officer or any member of the Council through
the Presiding Officer may require the City Clerk to swear any
person giving evidence at the time of the hearing on the matter
under consideration, if in the opinion of the Presiding Officer
or any member of the Council, the oath is necessary. Evidence
received at public hearings provided for in this ordinance,
shall be relevant and material to the issues before the Council;
- 17 -
provided, however, that the rules of evidence as established by
the Evidence Code for the State of California shall be substantially
relaxed in order to afford a full presentation of the facts
essential for judicious consideration by the Council of the
matter which is the subject of the public hearing. The Council
may order the City Clerk to issue and the Chief of Police or his
representative to serve subpoenas for any witnesses or records
necessary for the production of evidence at any duly scheduled
public hearing as provided for herein.
Section 2242 Public Hearings - Continuation
At any time that it appears to the Presiding Officer
or a majority of the Council through the Presiding Officer, that
inadequate evidence has been presented to afford judicious
consideration of any matter before the Council at the time of a
public hearing, a continuation of said hearing may be ordered to
afford the applicant, his opponents, or the City staff, adequate
time to assemble additional evidence for the Council's consideration.
Any continutation ordered by the Council through its Presiding
Officer shall be to a date certain, which said date shall be
publicly announced in the Council Chamber and shall constitute
notice to the applicant and his opponent of the time and place
that further evidence will be taken. A public hearing may be
continued in the event the matter is to be returned to the
Planning Commission for further consideration. In this event,
the Presiding Officer shall publicly state in open Council meeting
the fact that the matter has been returned to the Planning
Commission for consideration and that the Council hearing will
be continued on a date certain. The public announcements provided
for herein shall constitute notice to the applicant and his
opponents of the time and place when further evidence will be
- 18 -
taken by the Council.
Section 2243 Public Hearings - Closing
When neither the applicant, his opponents, or the
City Staff have further evidence to produce or when in the
opinion of the Presiding Officer or the majority of the Council
through the Presiding Officer sufficient evidence has been
presented, the Presiding Officer shall order the public hearing
closed at which time no further evidence either oral or written
will be accepted by the Council; provided, however, that this rule
may be relaxed by the Presiding Officer or the majority of the
Council through the Presiding Officer where it appears that good
cause exists to hear further evidence concerning the matter which
is the subject of the public hearing.
Section 2244 Public Hearings - Re -opening
A public hearing on any matter once closed cannot be
re -opened on the date set for hearing. Nothing herein, however,
is intended to prevent or prohibit the re -opening of a public
hearing at any subsequent regular or special meeting of the
Council. No public hearing may be re -opened without due and
proper notice being given to the applicant and his opponents
designating the time and place of said re -opening.
Section 2245 Minutes
The official minutes of the City Council will be kept
by the City Clerk in a minute book with a record of each particular
type of business transacted set off in paragraph form with
proper sub -heads. The City Clerk shall be required to make a
record only of such business as was actually passed upon by the
City Council and shall not be required to record any remarks of
any members of the Council or of any other person except at the
special request of a member of the Council. The City Clerk shall
enter into the minutes the reasons for dissent from or protest
against any action of the Council if any member of the Council
so requests. Names and addresses of persons addressing the
Council, the title of the subject matter to which their remarks
are related, and whether they spoke in support of or in opposition
to such matter shall be entered in the minutes.
Section 2246 Tape Recordings
The City Clerk will electronically record all Council
meetings as a stenographic aid, and will retain the recording
tapes at least until the written minutes of the meeting are
approved by Council. The Council may order full tapes or portions
thereof retained for longer periods. On matters likely to result
in litigation tapes shall be retained for at least one year.
Section 2247 Distribution of Minutes
As soon as possible after each meeting, the City Clerk
shall furnish a copy of the minutes to each Councilman, the City
Manager, City Attorney, each department head, and any other
individuals designated by the City Clerk or City Manager.
Section 2248 Reading of Minutes
Unless the reading of the minutes of a Council meeting
is requested by a member of the Council, the Minutes may be
approved without reading if the Clerk has previously furnished
each member of the Council with a copy thereof.
SECTION 3. Article 2, Sections 2200 through and
including Section 2211 of the Costa Mesa Municipal Code heretofore
duly enacted by the City Council of the City of Costa Mesa are
hereby repealed.
SECTION 4. This ordinance shall take effect and be
in full force and effect thirty (30) days from and after its
passage, and before the expiration of fifteen (15) days after its
- 20 -
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, together with the names of the members of the
City Council voting for and against the same.
PASSED AND ADOPTED this 16tk day of j , 1972.
May Tr I T the City of Cost-aTfee-sa
ATTEST:
City clerk of the City of &osta Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF 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 foregoing Ordinance No. 9.2-y8 was introduced
and considered section by section at a regular meeting of said
City Council held on the tD/". L day ofat 1972, and
thereafter passed and adopted a whole a regu arsmeeting
of said City Council held on the /6 day of ?32cto�
1972 by the following roll call vote:
AYES:
COUNCILMEN:
U
NOES:
COUNCILMEN:
`72o+ -ems
ABSENT:
COUNCILMEN:
Y,rJ,�-B*4�✓
IN WITNESS WHEREOF, I have hereby set my hand and
affixed the Seal of the City of Costa Mesa this /77--4 day of
(j)et&4,,_/ , 1972.
city clerk: and ex-officio,/Clerk Jerk of the
City Council of the City f Costa Mesa
- 21 -
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY ;OF COSTA MESA)
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years, and
not a party to or interested in the below entitled matter. I
am a principal clerk of the ORANGE COAST DAILY PILOT,
a newspaper of general circulation, printed and published
in the City of Costa Mesa, County of Orange, State of Cal-
ifornia, and I certify thatcity Ordinance Nurdber SEE REVERSE SIDE
72_98
of which the copy attached hereto is a true and complete
copy, was printed and published in the regular issue(s) of
said newspaper on October 22, 1972
I declare, under penalty of perjury, that the foregoing
is true and correct.
Executed on October 22 197'?,
at Costa Mesa, California.
(I U
(SienoNn)
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS.
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk of the City of Costa Mesa and ex -officio Clerk of the City Council
of the City of Costa Mesa, hereby certify that Ordinance No. 72-38 was introduced and con-
sidered, section by section, at a regular meeting of the City Council of the City of Costa Mesa, held on the
2nd day of October 197? and thereafter passed and adopted as a whole
at a regular meeting of said City Council held on the 16th .tcry of _Oztob� 197 ,
by the following roll -call vote:
AYES:
COUNCILMEN -Hammett,
Jordan,
Pinkley,
Raciti
NOES:
COUNCILMEN -None
ABSENT: COUNCILMEN
I FURTHER CERTIFY that said Ordinance t -1o.72-38 was published in the ORANGE COAST
DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, on the
22nd day of October , 1971.
4 0131"
City Clerk and ex�fficio Clerk of the City/,Itouncil
of the City of Costa Mesa
C 6 DAILY PIG., Sunday, October 22, 1972
PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE -PUBLIC NOTICE
ORDINANCE NO. nl notice al coact., snail he Ummaa Orm, BecNm SN, Pubic Xeadpgy - E,M.i
AHORDINVCE OF THE CITY COUIL Together and patted Men me Consent Rules e0oplea to eapMlee She tram—c-R<Mvea
CIL OF E CITY OF rOSTA MESA C, IryMar. Mtions nmmmeMed by the ilm of tha Wii Mss AS 1M Cmndl N an During the public hearing Me Coul
AOOMI PROCEDURAL ROLES a Thai l be in wmmary farm and be a nearly fashion re dMmea to the pre M811 recall Area
a rat lean -science
RBWLATIONS FOR CON.. part al last Item. NORMAN at the Consent cMurN Mly bad 1M faller¢ he tridly reser-
al b 1M Dg Mns
er hdliUNM,
TINE CITY BUSINESS AT CITY Calendar may ho made by one minion Am unarm Such rules MII nae . 1M aha 1M PreXding ONieer Or my member
COUNCIL' MEETINGS, SETTING IV nY INCmncil; provided, Mwever, last iedsakfidn Of len Coal An Ildak 1 me C-11 ..all Me Pmlding US
FORTH RESPONSIBILITIES WITH the Presiding Officer shal first Advise my arum 1 ken ata " that Is neer may MW,. Me City Clerk to swear,
RESPECT TO CITY MAIL; SETTING the sudden, last 1M Consent Calendar olnnwlN held in cmhemlry MIh law. my posm pkno avlml a, me are W
FOR" RESPONSIBILITIES WITH Iters III M adadXa In total by SeNim ]all Prra ly N Cmdugl - 14 hearing IM sash under per
TCU of Courcll unless arc/ Council Cbuncil ndecallan, Ifinthe o rN' W roe
RESPECT TO ORDINANCES, - -- _ pniHlno 011icer ar ane em er of ton
any order as deems au- tonn0Q � W me cos m me rvmo,m Co]e'for IM Slat< al CaIIMNe fa
011icb Cep, as aHr g. hNNa pro gyytantially relaxed In A. to al
arezpoMencFAVNlablllfy ^S[Nk1f NN PlOplery N CNMRI K'll prnentatlm m Ins facts nsMti
addressed to Me City Public 1. kmattermwMMWlss the sables. t
n en by in City The Preddiral Officer mry Wr M1an goes nearKg.TM CmncilmayoN
1 Xkn or employee N N -r aWience any penM won shall Oly Clerk tO Issue eon the Ch. d
A
M a matter al public make airy <pnersmal. Impartment Or or his reaparMflve Nasero mid
nVed aha filed by 1M 6landerms ! arks o wlq pecemes 1wany Ilrrtyyyy appy
lar- mi
or Wlmmed Misl<rms n ui11mrve xTU- M]marmp Wy the p,odu[tlm OI eyldenM of in
Caere". C-Ymmdence IM Cap ""7 m Mrs Yarm withM Ming l bi l[E Wdlc hearing as pwldi
CUY Clerk's nice w n[%nszetl nY ,M Presidlrg Off tt Merin.
! Io:W a.m.. Wednesdev Mru maks mf N older. Ins Sedlan Na] Public Hes ys
IrCwncil meeyrn9 snail p mlssim 10 ffnue Is 9ranlld ubY DOaiKa.
'he Hilms, unless it wog ImfW Ame N Inc Came pt eery time Mel It pmn 1
to .. emsitler.1 bv_In. Sealm. NIS Abate IM Cmxll - Pra ding O.Rar w a MAMS11 l
St beitte Inc City C-OW61 heve a The COY Managers Dian is aulMlee ten ML-FII-Rmarks Thai M aNren
able: opporwnuv ro M Mara and to open and ¢smog¢ all mall or What ro IM uN Al AS a Whine and nm to a
nes¢[lean1ly Iden'rnotolcallMa addrestttl sa fix member Inereot. No yumlkns NNNU
rEbgN. the Cih Council Manuel CIN Cmncll. mall mat epapence A,. al a Cmnepman
CMptn
it, Adige R o/ 1M Cosfe ken personal" or IbMllal" d e minter AT fin Cih Na" wlNalt r
Munlfllel CO. Which Mell M e b 9iv0 if walfaWM dllenYlon 10 IM ens joining permisAM W'1M Prcsbifg r
s IDW all dminlsballve bnlneas Warren fiat. 'I'D' 'D' Wd Me A"An Y
TION 2 10 in aitl mtplcellom M rrW re. alp¢ adtlrevlA. fon Camped shall be N
CHAPTER 11 gWring Cmncll action may M acted umn a to nd r b/ ton PA<Ning Dlfied an
beNreM Council m lml. TM CITY
AOminlstrWi00 Mafugers Wske and ton CUT, Clerk's Oh u[n [mNd mlllnes. mry et
Aeifle R lice 6M1all COoamh M mail feed ,ed by tliscrallM 1 MTP 011lmr,
CITY COUNCIL MEETINGS Use 1M. Clerk's aXion In wrier M1 mmdM MRM atom forge ¢Wien
AND PROCEDURES CitykdNery ecwmNish Me pgfpaus Of Ulls and II Me cwqu[f wananM auto inn
CIIm TAB ponds¢ secYiM. M ordered removed Iron Cron
.IM =1 Register MMmgy C harpy
Clam.5le[iel MttfllgT SNUm INe Corded W Baring Sedim ]RN Addressing the Cadacil
CHM NOS g , Sesil Af an nmf sof eY mdlnamF m MC day 5,Msman for W W Persons
dim RSI seasonal to be Samde . of each ieg'uWf mreting, inch member W t. ,..a.r nn e. fa matron am
ny or ufy manager jhe � tler antl i0 1M mem aovn5 nnein MW bllawlm speakers in Me plWp to M nim «`Iles ireilNllq�OXker m
SeRlm RSg Coenuri W Business Imm,to b lap nal abe palmate by
Sem. iR10 Ounvm pa -up. aha, w lar as priCXGNb In ac- pryp iPokesmen. NnM W IM C-11 Mroupn IM
Shiloh 911 Order of Business rdance with pafliammhry mon as Mltl SNNM Yll] Adtlrexin9 the CaunUl . Officer Sufficient ¢rid. n
apple III] Pflddilq 011ier Oban m Robed's RWn W ONer IreWs nlpmMR N IM AYElence a ¢leaks. IM Sermbbg Cell
Sedim edRR ] Preslaitg OIKrer - ed1: pmvlaee. baweyn. Mal a laiiur< m Mycenm In IM aueierl¢¢ won eyayes dor Me public Marlon aIOSM
o..v..e baa obxrve Ur ¢alma men rules limit In no . .._ _.._ .. UAM an IURMr reindeer Ann
RW Prlvilg of Closbq
at aha ilme OlMnhMan an es prey,
r IMlwled in aid Rappers Rud
9ID Remarks 01 CWncilmin
Ormal
his of DNNN
Stolon Nlq OPoNm
291 PfWesl Against C-11
Three members of the Cmmfl'
moitvle a mMum far the frmmd
]93 Failure to Obxlve Rules
bIAMAD& Mollms may he msxa
mlh If only ogres
22N Pmp.ieh ai Cgnald -
AMr
MI m Nemmg o -at
Moment .1
9N Pmpddy of Conant -ibne
efnmaitve vatyN��Lasst iN
may adjourn Iron time to
whine
2825 Aadreumg IM Council -
ere la no weram x
fine
ST.Mavm or any member bme
2226 aphu nnul +ne Council .
sbof. wiNem such memng, o
Tm Orow versa
Anq
Mr W ma Council mined, X
=1 Addm T tae Cmncil -
1Y Clerk mall a famor Mo m lirO
of Adl
Me mrmx of <ouitlering any Item
9N Pecmns Authorised to be
led to vale d nx Council, Wh
al
¢meet Ile Council gent
Wer Enforcement of Order
himaaf due as conflict OI (geared
9.b vel ProcNUre
m
proems atoll not be i considers
291 Olsequaunwim !N
aelelnlimrg me preen[. of a Um
f InhrM
COmmnanm on such Nem shall be
9 9 Fallen to Vole
m
rA Ualil a nuum Tmt
W Mn
m
2Tie Vole
Grandbeen m Present 10 dlauas ane
291=;rd VnM
m M em N his abgvaif= n
AT 9u
2236 Ordimne
ser. RemlUlions
Se[51m.1dSeem N B.I
ads
TM business AT the Courcll she
Wior Approval by
p psalm Jewatim and NUM
a1=Slall
Taken
2VE Resubmit o1 0.1nIa.
1. Pledge W All:diance to Flaq
Ibna
2. NIMASon
299 PUNIC Hearings -When
]. Rdl Call and Call to Ortle!
me., Of arm.,. of Per
Rb Public Hearings - Opening
Meet'.
2111 Public Hearl,ys
5. ceciel PresentationsOral
cart Wrilten Testimony
.. Old BusIMen
R2dR PUMic Healings - Cmr
2. Cement CaleMar
e. Warrants
22-0 PUMi[ HaMide- Clm1.
1- Citdit"r" 's sma I
RU Puek Shearson;- Re-
1g. CVIn Man., Rcourt
11, Public Hearings
EUS as an OXidnl
3K M
R. New B,rsinsea
13. Oral Communs-duen,
L6 TomBeld.
CouoCilmenic Comments and
papain¢
any vale
comma m un
Presenia, 011kw .
slmmedaafNy ihall dle
roll a-- mtln
m Power Io
honk Neadllga - Reopen
in. onM nn a
As raamnM m be Al as.
ath'. hereln, hmeever, ly
even)mnMGt Me .
TNR M.r all a, any A..
Utile maea��g, Meeting hoe -
1 due and m mlirs
US, iapplicant and Na M -
HIM the Ilme and place N
T. l
. ion