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HomeMy WebLinkAbout73-03 - Amending Procedures for Conduct of Council Meetings1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE NO. 73-3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING ORDINANCE 72-38 RELATING TO PROCEDURES FOR CONDUCTING COUNCIL MEETINGS; SPECIFICALLY AMENDING SECTION 1 OF SAID ORDINANCE CONSTITUTING THE FINDINGS OF THE CITY OF COSTA MESA; FURTHER AMENDING SECTION 2204 RELATING TO MINUTES OF EXECUTIVE SESSIONS. 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 in- dividuals 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. The City Council further finds and declares that the increased concentrated judicial and legislative attention being given to Title 5, Division 2, Part 1, Chapter 9, Sections 54950 through and including 54961 of the Government Code, popularily known as "the Ralph M. Brown Act" requires the enactment of certain procedural rules to insure that the deliberations and actions of City legislative bodies, commissions and committees are conducted - 1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 openly, except in certain established exceptions. The City Council further finds and declares that certain procedural rules are necessary to prevent and preclude unlawful censorship by the legislative bodies, commissions and committees in communi- cating with the people governed. The City Council further finds and declares that these procedural rules should be adopted as an expression of the city's interest in fully informing the public and those persons having business before the legislative bodies, commissions and committees of the City on all of the facts on all of the issues affecting the welfare of the community. Accordingly, the City Council hereby enacts Chapter II, Article 2 of the Costa Mesa Municipal Code which shall be as follows: SECTION 2. The second paragraph of Section 2204 of the Costa Mesa Municipal Code is hereby amended to read as follows: "No member of the City Council, employee of the City, or any other person present during an executive session of the Council shall dis- close to any person the content or substance of any discussion which took place during said executive session on any matter legally auth- orized to be heard in an executive session, unless the City Council shall authorize the disclosure of such information by a majority vote." SECTION 3. 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 passage, shall be published once in the Orange Coast Daily Pilot, a news- paper of general circulation printed and published in the City of Costa Mesa, together with the names of the members of the City - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21i 22 23 24 25 26 27 28 29 30 31 32 Council voting for and against the same. PASSED AND ADOPTED this .7_0XA day of a/ 1973. Mayo? o the City of Costa Mesa ATTEST: City Clerk of the City Costa 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. 73-3 was introduced and con- sidexed section by section at a regular meeting of said City Council held on the �LXA day of1973, and thereafter xegul r passed and adopted as a whole at a meeting of said City Council held on the o2#Agday of • 1973 by the followin< roll call vote: AYES: COUNCILMEN: ii0' —""-� �Os tN NOES: COUNCILMEN: `jtA-N.L/ ABSENT: COUA/C/eMEA/: %LO-AA� IN WITNESS WHEREOF, I have hereby set my hand a�n�d" affixed the the Seal of the City of Costa Mesa this � day of ¢_ 1973. If City Clerk and ex-officioerk of the City Council of thloclity of Costa Mesa - 3 - STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS. CITY OF COSTA MESA) 1 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 l certify that ;-i Ce of which the copy attached hereto is a true and complete copy, was printed and published in the regular issue(s) of ;�nbrnary 23,1873 said newspaper on - 1 declare, under penalty of perjury, that the foregoing is true and correct. Executed an .^`raarp 23 3 197—, at Costa Mesa, California. 'J (Sgnear.l 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 73-3 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 9th day of February , 197-3 , and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 20th day of February 1971, by the following roll -call vote: AYES: COUNCILMEN- Hatmnett, Jordan, Pinkley, Nilson, Raciti NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None I FURTHER CERTIFY that said Ordinance No. 73-3 was published in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, on the 23rd day of February 197 3 . City Clerk and ex -officio Clerk of theCouncil of the City of Costa Mew v°�: