.. 11_4 CityofDowney AGENDA MEMO
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TO:
FROM:
DATE:
SUBJECT:
APt:YW�ED BY
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNClf !T'f �:t'JJ\L�GER OFFICE OF THE CITY ATTORNEY BY: LAUREN LANGER, INTERIM CITY ATTORNEY AUGUST 9, 2022
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 2100 OF THE DOWNEY MUNICIPAL CODE REGARDING THE TIME OF REGULAR CITY COUNCIL MEETINGS
RECOMMENDATION
That the City Council introduce and waive first reading of:
ORDINANCE NO. 22-_, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 2100 OF CHAPTER 1 OF ARTICLE II OF THE DOWNEY MUNICIPAL CODE REGARDING THE TIME OF REGULAR CITY COUNCIL MEETINGS
BACKGROUND
The Downey City Charter, Section 506, provides that the City Council shall hold regular meetings at least twice monthly, at such times as it shall fix by ordinance or resolution. Downey Municipal Code Section 2100 sets forth the time for regular meetings of the City Council specifying that regular meetings begin "at the hours of 6:30 p.m." but the Code is silent as to when closed session and study sessions may be held on regular meeting nights.
In practice, the City Council has called a special meeting at 5:30 p.m. for closed session items and called the regular meeting at 6:30 p.m. for open session items, the latter as required by Downey Municipal Code Section 2100.
DISCUSSION
Amending Section 2100 to make explicit the start time for closed sessions and study sessions will promote transparency and codify, without the need to continue to call special meetings at 5:30 p.m., the standing practice of the City Council. In addition, this practice will simplify and streamline preparation for City Council meetings by permitting staff to call one meeting only on regular City Council meeting dates. There will continue to be an opportunity for the public to speak on closed session items.
65186.00202\40427960.1
ORDINANCE NO. 22-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 2100 OF CHAPTER 1 OF ARTICLE II OF THE
DOWNEY MUNICIPAL CODE REGARDING THE TIME OF REGULAR
CITY COUNCIL MEETINGS
WHEREAS, the Downey City Charter Section 506 provides that the City Council shall hold regular meetings at least twice each month at such times as it shall fix by ordinance or resolution; and,
WHEREAS, the time for regular City Council meetings is set in Downey Municipal Code Section 2100, but the Code is silent as to when closed session meetings and study sessions may be held on regular meeting nights absent a special meeting; and, WHEREAS, The City Council desires to amend Section 2100 to specify when closed session and study sessions may be held on regular meeting nights.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The City Council hereby finds and determines that the foregoing recitals are true and correct, and are incorporated herein and by this reference are made an operative part thereof.
SECTION 2. Code Amendment. The City Council hereby amends Section 2100 of Chapter 1 of Article II of the Downey Municipal Code to read as follows:
“Section 2100. Council Meetings.
There shall be two (2) regular meetings of the City Council during each calendar month and such meetings shall be held on the second and fourth Tuesday of each month at the hours of 6:30 p.m., provided, however, that if the date of any such regular meeting falls on a holiday, said regular meeting shall be held at the hour of 6:30 p.m., on the next business day.
Only closed sessions and study sessions may be held between 5:30 p.m. and 6:30 p.m. unless a regular meeting is adjourned to or a special meeting called for that time. No closed session or study session will be held during that hour unless the posted agenda of that evening’s regular meeting indicates that such session will take place; in the absence of such notification in the agenda, the regular meeting shall commence at the hour of 6:30 p.m.”
SECTION 3. CEQA. The City Council hereby finds and determines that adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) as provided in Section 15061(b)(3) of the CEQA Guidelines (California Code of Regulations,
65186.00202\40427960.1
Ordinance No. 22-___
Title 14, Chapter 3). The Ordinance is adopted to clarify City Council meeting times and does not impact the physical environment. Therefore, it can be seen with certainty that adopting this ordinance would not have a significant adverse effect on the environment under CEQA Guideline 15061(b)(3).
SECTION 4. Effective Date. Pursuant to California Government Code section 36937, this Ordinance shall take effect thirty (30) days after its final passage.
SECTION 5. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation which is published and circulated in the City in a manner permitted under State law.
APPROVED AND ADOPTED this __ day of ___________, 2022.
_________________________________
BLANCA PACHECO, Mayor
ATTEST:
_________________________________
MARIA ALICIA DUARTE, CMC
City Clerk
65186.00202\40427960.1
Ordinance No. 22-___
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss:
CITY OF DOWNEY )
I HEREBY CERTIFY that the foregoing Ordinance No. 22-___ was introduced at a Regular meeting of the City Council of the City of Downey held on the 9th day of August, 2022, and adopted at a Regular meeting of the City Council of the City of Downey held on the __ day of __________, 2022, by the following vote, to wit:
AYES: Council Members:
NOES: Council Member(s):
ABSENT: Council Member(s):
ABSTAIN: Council Member(s):
I FURTHER CERTIFY that a Summary of the foregoing Ordinance No. 22-___ was published in the _______________, a newspaper of general circulation in the City of Downey, on _____ __, 2022 (after introduction), and on _____ __, 2022 (after adoption, including the vote thereon). It was also posted in the regular posting places in the City of Downey on the same dates.
_________________________________
MARIA ALICIA DUARTE, CMC
City Clerk