ADDENDUM
CITY OF CALIFORNIA
CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY
Tuesday, October 24, 2023
Regular Meeting
CONSENT CALENDAR
CC 4. Second Introduction of Ordinance No. 23-806 Amending Section 2-1.406 (Closed Sessions) of Article 4 (Meetings) of Chapter 1 (City Council) of Title 2 (Administration) of the California City Municipal Code The following items were added to the City Council agenda after publishing and posting, but less than 72 hours before the meeting. Socorro Chavez, City Clerk
1 October 24, 2023
CITY COUNCIL
DATE:
TO:
FROM:
October 24, 2023 Mayor
and City Council Victor
Ponto, City Attorney
SUBJECT: Second Introduction of Ordinance No. 23-806 Amending Section 2-1.406 (Closed Sessions) of Article 4 (Meetings) of Chapter 1 (City Council) of Title 2 (Administration) of the California City Municipal Code
_____________________________________________________________________________________
BACKGROUND
California City Municipal Code Section 2-1.406(b) states that all closed session meetings of the City Council are to be recorded and kept for a total of five years. Closed sessions authorized under the Ralph M. Brown Act (“The Act”) are conducted outside the purview of the general public due to the confidential nature of the information that is shared in such meetings. The legislature intended for the information to be kept confidential due to the need for public agencies to protect certain interests that are not best served by public disclosure. These meetings are generally not recorded as The Act prescribes the manner in which actions and decisions are to be reported out to the public.
RECOMMENDATION
Staff recommends that the City Council introduce Ordinance No. 23-806 Amending Section 2-1.406 (Closed Sessions) of Article 4 (Meetings) of Chapter 1 (City Council) of Title 2 (Administration) of the California City Municipal Code, provide second reading by title only and waiver further reading.
ENVIRONMENTAL REVIEW
N/A.
ATTACHMENTS:
Ordinance No. 23-806
Resolution No. 10-23-3003
CC 4.
2 October 24, 2023
ORDINANCE NO. 23-806
AN ORDINANCE OF THE CITY OF CALIFORNIA CITY, CALIFORNIA AMENDING SECTION 2-1.406 [CLOSED SESSIONS] OF ARTICLE 4 [MEETINGS] OF CHAPTER 1 [CITY COUNCIL] OF TITLE 2 [ADMINISTRATION] OF THE CITY OF CALIFORNIA
CITY MUNICIPAL CODE
WHEREAS, the Ralph M. Brown Act authorizes public agencies to meeting in closed sessions; and
WHEREAS, closed sessions are conducted outside of the public view and discuss confidential information; and
WHEREAS, such information is not to be disseminated to the public and to be kept confidential; and
WHEREAS, the Ralph M. Brown Act prescribes the manner in which actions taken in closed session are to be reported out to the public; and WHEREAS, Section 2-1.406(b) (Closed Sessions) of the City of California City Municipal Code requires that closed sessions be recorded.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY DOES ORDAIN AS FOLLOWS:
SECTION 1. RECITALS.
The City Council of the City of California City finds and declares that the Recitals set forth above are true and correct and are incorporated herein by this reference.
SECTION 2. AMENDMENT OF SECTION 2-1.406(B) OF ARTICLE 4 OF CHAPTER 1 OF TITLE 2 OF THE CALIFORNIA CITY MUNICIPAL CODE.
Section 2-1.406 (Closed Sessions) of Article 4 of Chapter 1 of Title 2 of the City of California City Municipal Code is hereby amended to read as follows with deletions marked in strikethrough:
(a) The Council and its advisory bodies may conduct closed sessions as authorized by the Ralph M. Brown Act.
(b) Closed sessions of the Council shall be recorded, and recordings shall be kept for a total of five years. Closed session recordings shall not be subject to public disclosure except as authorized under state law.
SECTION 3. SEVERABILITY.
3 October 24, 2023
If any chapter, subsection, subdivision, 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 will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each Chapter, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more Sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 4. EFFECTIVE DATE.
This ordinance shall take effect thirty (30) days after its passage by the City Council.
SECTION 5. CITY CLERK ACTION.
The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Chapter 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and pasting procedure authorized under Government Code Chapter 39633(c).
PASSED AND ADOPTED by the City Council of the City of California City on the __ day of _________, 2023.
______________________________________
Kelly Kulikoff, Mayor
APPROVED AS TO FORM: ATTEST:
_________________________________ ______________________________________ Victor M. Ponto, City Attorney Socorro Chavez, City Clerk 4 October 24, 2023
STATE OF CALIFORNIA)
COUNTY OF KERN )
CITY OF CALIFORNIA CITY)
I, Socorro Chavez, City Clerk of the City of California City, California, do hereby certify that the foregoing Ordinance No. 23-806, was introduced at a regular meeting of the City Council of the City of California City held on the __ day of ________, 2023, and was passed by the City Council of the City of California at a regular meeting held on the __ day of _________, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Socorro Chavez, City Clerk
5 October 24, 2023
RESOLUTION NO. 10-23-3003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY AMENDING SECTION 2-1.406 (CLOSED SESSIONS) OF ARTICLE 4 (MEETINGS) OF CHAPTER 1 (CITY COUNCIL) OF TITLE 2 (ADMINISTRATION) OF THE
CALIFORNIA CITY MUNICIPAL CODE
WHEREAS, the Ralph M. Brown Act authorizes public agencies to meeting in closed sessions; and
WHEREAS, closed sessions are conducted outside of the public view and discuss confidential information; and
WHEREAS, such information is not to be disseminated to the public and to be kept confidential; and
WHEREAS, the Ralph M. Brown Act prescribes the manner in which actions taken in closed session are to be reported out to the public; and WHEREAS, Section 2-1.406(b) (Closed Sessions) of Article 4 (Meetings) of Chapter 1 ( City Council) of Title 2 (Administration) of the California City Municipal Code requires that closed sessions be recorded.
NOW THEREFORE BE IT RESOLVED, DECLARED, DETERMINED AND ORDERED by the City Council of the City of California City as follows:
SECTION 1. Section 2-1.406(b) of Article 4 of Chapter 1 of Title 2 of the California City Municipal Code is hereby deleted.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution and shall cause the same to be published in a manner prescribed by law.
PASSED AND ADOPTED by the City Council of the City of California City on the 10th day of October by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________________________
Kelly Kulifoff, Mayor
6 October 24, 2023
ATTEST:
I, Socorro Chavez, City Clerk of the City of California City, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council of the City of California City held on the 10th day of October, 2023, and was finally passed at a regular meeting of the City Council of the City of California City held on the day of , 2023.
________________________________
Socorro Chavez, City Clerk
7 October 24, 2023