01-20-2015 - Item 4 - Ordinance Amending Section 2-31 Governing Time and Location of City Council Meetings•
City of West Covina
Memorandum
TO: Mayor and City Council
FROM: Tom Ivlauk
Interim City Manager
BY: Rosalia A. Conde
Assistant City Clerk
AGENDA
ITEM NO. 4
DATE: January 20, 20t5
SUBJECT: ORDINANCE FOR ADOPTION
AN ORDINANCE AMENDING WEST COVINA MUNICIPAL CODE § 2-
.31 GOVERNING TIME AND LOCATION OF CITY COUNCIL
MEETINGS
RECOMNIENDATION:
It is recommended that the City Council waive further reading and adopt the following
ordinance:
ORDINANCE NO. - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING WEST COVINA MUNICIPAL CODE SECTION 2-31
GOVERNING TIME AND LOCATION OF CITY COUNCIL MEETINGS
DISCUSSION:
This ordinance was introduced at the City Council meeting of December 16, 2014. The purpose
of this ordinance is to change the West Covina Municipal Code (WCMC) Section 2-31
governing time and location of City Council meetings.
The ordinance will become effective on February 19, 2015, 30 days after its adoption.
LEGAL REVIEW:
The City Attorney prepared the ordinance and approved this report.
Prepared by:
Rosalia A. Conde, CMC
Assistant City Clerk
Reviewed and Approved by:
Mike Lee
Assistant City Manager/Community
Development Commission Director
Attachment No. I —Ordinance
No. 2 — Staff Report No. 18 dated December 16, 2014
z:Staff Reports/ORDINANCES FOR ADOPTION/2015
ATTACHINIENT NO. I
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA AMENDING NEST COVINA MUNICIPAL
CODE SECTION 2-31 GOVERNING TIME AND LOCATION OF CITY
COUNCIL MEETINGS
WHEREAS, California Government Code §§ 36505 and 54954(a) require the City
Council toset the time and place for regular meetings to be bold at least once a month by
ordinance or resolution.
WHEREAS, West Covina Municipal Code § 2-31 requires the City Councilto hold two
(2) regular meetings on the first and third Tuesdays of each calendar month at 7:00 p-m.;
WIIEREAS, by adopting this amendment to West Covina Municipal Code § 2-31,
closed sessions session would be pat of the regular meeting agenda, with closed sessions to
begin at 6:00 p.nn., or earlier time as set at adjournment of prior regular mee&g,and open session
to begin at 7:00 p.m.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA
CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein as if set
forth in full.
SECTION 2. West Covina Municipal Code Section 2-31 is amended to read as follows:
(a) There shall be two (2) regular meetings of the city council during each calendar month and
such meeting shall be held on the first and third Tuesdays;except; that, if the date of any such
regular meeting falls on a holiday, such regular meeting shall be held on the next succeeding day
which is not a holiday. All regular meetings shall begin at the hour of 7:00 p.m.; provided
however that any regular meeting that includes closed session items as authorized under Title 5,
Division 2, Pant 1, Chapter 9, sections 54950 through and including 54961 of the Government
Code ("The Brown Act")shall begin at the hour of 6:00 p.m., or at such earlier lime as was
specified at the time of adjournment of the preceding regular meeting.
(b) The meeting place of the city council for the public portion of regular meetings shall be in the
council chambers in the city hall located at 1444 West Garvey Avenue in the city. Closed
sessions may be called to order mid held in the City Manager's Conference Room on the Third
Floor of city hall.
SECTION 3. INCONSISTENCIES. Any provision of the West Covina Municipal Code
or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such
inconsistencies and or further, is hereby repealed or modified to the extent necessary to affect the
provisions oftlnts ordinance.
SECTION 4. SEVERABILIT'Y. if any provision or clause of this ordinance or the
application thereof to any person or circumstances is held to be unconstitutional or otherwise
invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or
clauses or applications of this ordinance which can be implemented without the invalid
provision, clause or application; and to this end, the provisions of this Ordinance are declared to
be severable.
SECTION 5. PUBLICATION.This Ordinance shall take effect and be in full force thirty
(30) days fronn and after the passage thereof, and prior to the expiration of fifteen (15) days from its
passage shall be published once in a newspaper of general circulation, printed and published in the
City of West Covina 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 tine office of the City Clerk a certified copy of this Ordinance together with the names and
member of the City Council voting for and against the sane.
PASSED AND APPROVED ON THIS _ day of . 20_
Mayor Fredrick Sykes
ATTEST:
City Clerk Nickolas S. Lewis
I, NICKOLAS S. LEWIS CITY CLERK of the City of West Covina, do hereby certify that the
foregoing Ordinance was regularly introduced and placed upon its first reading at a regular
meeting of the City Council on the 16th day of December, 2014. That thereafter said Ordinance
was duly adopted and passed at a regular meeting of the City Council on the day of
,20
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk Nickolas S. Lewis
APPROVED AS TO FORM:
City Attorney Kimberly Hall Barlow
• • . .. ..t
TO: Mayor and City Council
FROM: Kimberly Hall Barlow
City. Attorney
BY: Yolanda M. Suuunerhill
Senior Deputy City Attorney
City of rest Covina
Menterandunt
AGENDA
ITEM NO. 17
DATE December 16. 2014
SUBJECT: AN ORDINANCE AMENDING 6VEST COVINA MUNICIPAL CODE §
2-31 GOVERNING TIA E AND LOCATION OF CITY COUNCIL
MEETINGS
RECOMMENDATION:
The recommendation is that the City Council introduce, give first reading, and waive further
reading of the following proposed ordinance amending West Covina Municipal Code § 2--31:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA AMENDING WEST COVINA MUNICIPAL
CODE SECTION 2-31 GOVERNING TIME AND LOCATION OF CITY
COUNCIL MEETINGS
DISCUSSION:
Currently, under the West Covina Municipal Code ("WCMC"), the City's regular meetings are
set to comruence at 7:00 p.m. Thus, any closed session item must be either agendized for a
special meeting of the City Council, or placed on the regular meeting agenda to take place
following the public portion of the regular nreeting. State law requires certain issues that require
consideration in closed session to be placed on the agenda of a regularly scheduled meeting of
the City Council. In order to avoid any conflict between state law and WCMC, the City Attorney
proposes an amendment to WCMC § 2-31 that authorizes.the City Council to commence regular
meetings at 6:00 p.m. to hold closed session prior to the public portion of the meeting
commencing at 7:00 p.m. In the event that staff knows in advance that an earlier start time for
closed session is necessary, we can adjourn the preceding meeting to an appropriate time for the
regularly scheduled meeting. Special meetings may also be called from time to time as may be
necessary. By adopting this amendment, the City Council may hold closed sessions at 6:00 p.m.
as part of a regular meeting, followed by public session at 7:00 p.m.
LEGAL REVIEW:
The City Attorney's Office prepared this staff report and attached ordinance.
FISCAL IMPACT:
There maybe some minor fiscal savings from reduction in the number of special meeting notices
to be prepared. and posted.
Prepared by:
Approved via Eniail
YolandaM. Sunimerhill,
Senior Deputy City Attorney
Rev ed d� ve
nrtst�her J�Chun
City Manager
Reviewed and Approved
AL2»roved via Finail
I{irnberly Halt Barlow, City Attorney
Reviewed and Approved
Mike Lee, Assistant City Manager/
Community Development Commission Director
Attachment No. 1: Proposed Ordinance
•
ORDINANCE NO.
ATTACI4ATENT NO.1
AN ORDINANCE OF THE CITY COUNCIL OF Till: CITY OF WEST
COVINA, CALIFORNIA AMENDING AVEST COVINA MUNICIPAL
CODE SECTION 2-31 GOVERNING TIME AND LOCATION OF CITY
COUNCIL MEETINGS
AYHEREAS, Califonria Government Code §§ 36305 and 54954(a) require the City
Council toset the time and place for regular meetings to. be held at least once a month by
ordinance or resolution.
WHEREAS, West Covina Municipal Code § 2-31 requires the City Councilto hold two
(2) regular meetings on the fist and third Tuesdays of each calendar month at 7:00 p_rn.;
WHEREAS, by adopting this amendment to West Covina Municipal Code § 2-31,
closed sessions session would be part of the regular meeting agenda, with closed sessions to
begin at 6:00 p.m., or earlier time as set at adjournment of prior regular meeting,and open session
to begin at 7:00 p.m.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF '"TEST COVINA
CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein as if set
forth in full.
SECTION 2. West Covina Municipal Code Section 2-31 is amended to read as follows:
(a) There shall be two (2) regular meetings of the city council during each calendar month and
such meeting shall be held on the first and third Tuesdays;except; that, if the date of any such
regular meeting falls on a holiday, such regular meeting shall be held on the next succeeding day
which is not a holiday. All regular meetings shall begin at the hour of 7:00 p.m.; provided
however that any regular meeting that includes closed session items as authorized under Title 5,
Division 2, Part 1, Chapter 9, sections 54950 through and including 54961 of the Government
Code ("The Brown Act")shall begin at the hour of 6:00 p.m., or at such earlier time as was
specified at the time of adjournment of the preceding regular meeting-
(b) The meeting place of the city council for the public portion of regular meetings shall be in the
council chambers in the city hall located at 1444 West Garvey Avenue in the city. Closed
sessions may be called to order and held in the City Manager's Conference Room on the Third
Floor of city hall.
SECTION 3. INCONSISTENCIES. Any provision of the West Covina Municipal Code
or appendices thereto inconsistent with the provisions of dlis ordinance, to the extent of such
inconsistencies and or further, is hereby repealed or modified to the extent necessary to affect the
provisions of this ordinance.
SECTION 4. SEVERABILITY. If any provision or clause of this ordinance or the
application thereof to any person or circumstances is held to be unconstitutional or otherwise
invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or
clauses or applications of this ordinance which can be implemented without the invalid
provision, clause or application; and to this end, the provisions of this ordinance are declared to
be severable.
SECTION 5. PUBLICATION.This Ordinance shall take effect and be in full force thirty
(30) days from and after the passage thereof, and prior to die expiration of fifteen (15) days from its
passage shall be published once in a newspaper of general circulation, pruned and published in the
City of West Covina 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 Cleric a certified copy of this Ordinance together with the names and
member of the City Council voting for and against the same.
PASSED AND APPROVED ON THIS
ATTEST:
City Clerk Nickolas S. Lewis
day of . 20_
Mayor Fredrick Sykes
I; NICKOLAS S. LEWIS CITY CLERK of the City of West Covina, do hereby certify that the
foregoing Ordinance was regularly introduced and placed upon its first reading at a regular
meeting of the City Council on the 16th day of December, 2014. That thereafter said Ordinance
was duly adopted and passed at a regular meeting of the City Council on the day of
120.
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk Nickolas S. Lewis
APPROVED AS TO FORM:
City Attorney Kimberly Hall Barlow