HomeMy WebLinkAbout06-14 - Amending Code Relating to the Official Minutes of the City CouncilORDINANCE NO. 06-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, AMENDING CHAPTER III OF
TITLE 2 OF THE COSTA MESA MUNICIPAL CODE
RELATING TO THE OFFICIAL MINUTES OF THE CITY
COUNCIL
WHEREAS, Costa Mesa Municipal Code section 2-82, pursuant to Government
Code sections 36814 and 40801, requires that the City Clerk keep the official minutes of
the City Council in a minute book with a record of each business that was acted upon by
the City Council; and
WHEREAS, Government Code section 54954.3 requires that an opportunity for
members of the public to directly address the City Council on any item of interest to the
public be provided; and
WHEREAS, Government Code section 54953.3 states, that members of the public,
as a condition to attendance at a meeting, shall not be required to register their names or
provide other information except on a voluntary basis; and
WHEREAS, section 2-82, which requires that the City Clerk enter the names and
addresses of persons addressing the City Council into the official minutes conflicts with the
Government Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter III of Title 2 of the Costa Mesa Municipal Code is hereby
amended to read as follows:
Chapter III
Sec. 2-82. 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 farm
with proper subheads. 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 city of residence 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 2. Any provision of the Costa Mesa Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
Section 3. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council of the City of Costa Mesa hereby declares
that it would have adopted this Ordinance and each section, subsection, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases or portions be declared invalid or
unconstitutional.
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 in that regard and this Ordinance shall take effect 30 days
after its final passage.
PASSED AND ADOPTED this 5"' day of July 2006.
ATTEST:
JulieLFolcik, City Clerk
0
Allan R. Mansoor, Mayor
APPROVED AS TO FORM:
Kimberly Hall Barlow, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY
CERTIFY that foregoing is the original of Ordinance No. 06-14 and was duly
introduced for first reading at a regular meeting of the City Council held on the
20th day of June, 2006, and that thereafter, said Ordinance was duly passed and
adopted at a regular meeting of the City Council held on the 5'" day of July, 2006,
by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: MANSOOR, DIXON, FOLEY, MONAHAN.
NOES: COUNCIL MEMBERS: NONE.
ABSENT: COUNCIL MEMBERS: BEVER.
IN WITNESS WHEREOF, 1 have hereby set my hand and affixed the seal
of the City of Costa Mesa this 12' day of July, 2006.
9
JULI OLCIK, CVrY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. 06-14 duly
passed and adopted by the Costa Mesa City Council at the regular meeting held
July, and that Summaries of the Ordinance were published in the Daily Pilot on
June 28, 2006 and July 12, 2006.
jLJLIE FOLCIK, CITY CLERK
(SEAL)