Ordinance No. 860ORDINANCE NO. 860
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CYPRESS, CALIFORNIA, ADDING AND AMENDING
SECTIONS 2 -2.0, 2 -2.1, 2- 2.4(b), 2- 2.4.1, AND
2 -2.12, AND ESTABLISHING PROCEDURES FOR
COMPLIANCE WITH OPEN MEETING REQUIREMENTS AND
ADDING SUBSECTIONS (c) AND (d) TO SECTION 2-
2.10 PERTAINING TO MINUTES OF BOARD AND
COMMISSION PROCEEDINGS, TO THE CODE OF THE
CITY OF CYPRESS
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION I. Section 2 -2.0, "Definitions, Open
Meeting Compliance," is hereby added to the Code of the City
of Cypress to read as follows:
"Sec. 2 -2.0 Definitions, Open Meeting
Compliance. For the purposes of this Chapter, the
definitions of 'legislative body," 'regular meeting,' and
'special meeting' as set forth in Section 54950 et sec. of
the Government Code of the State of California shall apply."
SECTION II. Section 2 -2.1, "Special Meetings,"
of the Code of the City of Cypress is hereby amended to read
as follows:
"2 -2.1 Special Meetings, Call. A special meeting
may be called at any time by the presiding officer of the
legislative body, or by a majority of the members of the
legislative body, by delivering personally or by mail
written notice to each member of the legislative body and to
each local newspaper of general circulation, radio, or
television station requesting notice in writing. The notice
shall be delivered personally or by mail and shall be
received at least twenty -four (24) hours before the time of
the meeting as specified in the notice. The call and notice
shall specify the time and place of the special meeting and
the business to be transacted. No other business shall be
considered at these meetings by the legislative body. The
written notice may be dispensed with as to any member who at
or prior to the time of the meeting convenes files with the
clerk or secretary of the legislative body a written waiver
of notice. The waiver may be given by telegram. The
written notice may be dispensed with as to any member who is
actually present at the meeting at the time it convenes.
Notice shall be required pursuant to this Section regardless
of whether any action is taken at the special meeting. The
call and notice shall be posted at least twenty -four (24)
hours prior to the special meeting in a location that is
freely accessible to members of the public."
SECTION III. Section 2- 2.4(b), "Agenda," of the
Code of the City of Cypress is hereby amended to read as
follows:
"(b) In the case of an emergency situation
involving matters upon which prompt action is necessary due
to the disruption or threatened disruption of public
facilities, a legislative body, including the City Council,
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may hold an emergency meeting without complying with either
the twenty -four (24) hour notice requirement or the twenty -
four (24) hours posting requirement of Government Code
Section 54956 or both the notice and posting requirement. A
majority vote of the legislative body shall be required to
take action pursuant to this Subsection. For the purposes
of this Section, 'emergency situation' means any of the
following:
(1) Work stoppage or other activity which
severely impairs public health, safety, or both,
as determined by a majority of the members of the
legislative body.
(2) Crippling disaster which severely impairs
public health, safety, or both, as determined by
a majority of the members of the legislative
body.
However, each local newspaper of general
circulation and radio or television station which has
requested notice of special meetings pursuant to Section
54956 shall be notified by the presiding officer of the
legislative body, or designee thereof, one (1) hour prior to
the emergency meeting by telephone and all telephone numbers
provided in the most recent request of such newspaper or
station for notification of special meetings shall be
exhausted. In the event that telephone services are not
functioning, the notice requirements of this Section shall
be deemed waived, and the legislative body or designee of
the legislative body shall notify such newspapers, radio
stations, or television stations of the fact of the holding
of the emergency meeting, the purpose of the meeting, and
any action taken at the meeting as soon after the meeting as
possible.
Notwithstanding Government Code Section 54957, the
legislative body shall not meet in closed session during a
meeting called pursuant to this Section.
All special meeting requirements as prescribed in
Government Code Section 54956 shall be applicable to a
meeting called pursuant to this Section, with the exception
of the twenty -four (24) hour notice requirement.
The minutes of a meeting called pursuant to this
Section, a list of persons who the presiding officer of the
legislative body, or designee of the legislative body,
notified or intended to notify, a copy of the roll call
vote, and any actions taken at the meeting shall be posted
for a minimum of ten (10) days in a public place as soon
after the meeting as possible."
SECTION IV. Section 2- 2.4.1, "Enforcement," is
hereby added to the Code of the City of Cypress to read as
follows:
"2 -2.4.1 Enforcement. The provisions of this
Chapter shall be enforceable pursuant to the provisions of
Government Code Sections 54960 through 54960.5, as said
sections may be amended."
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SECTION V. Subsections (c) and (d) are hereby
added to Section 2 -2.10, "Approved Minutes as Official
Record of Proceedings," of the Code of the City of Cypress
to read as follows:
"(c) Subsections (a) and (b) shall
apply to the minutes of the meetings of
any City board, commission, committee,
task force, or agency after the board,
commission, committee, task force, or
agency and the City Council have
approved the same. The City Clerk, and
every board, commission, committee,
task force, or agency secretary or
clerk shall cause any audio tape made
of the proceedings to assist in the
preparation of the minutes to be
destroyed in accordance with Government
Code Section 34090.7.
(d) The provisions of this Section
shall apply to all minutes and tapes
which have been approved by the body
conducting the meeting and by the City
Council."
SECTION VI. Section 2 -2.12, "Addressing City
Council - Generally," of the Code of the City of Cypress is
hereby amended to read as follows:
"Sec. 2 -12 Addressing City Council - Generally.
(a) Every agenda for regular meetings of any
legislative body, including the City Council, of the City of
Cypress shall provide an opportunity for members of the
public to directly address the legislative body on items of
interest to the public that are within the subject matter
jurisdiction of the legislative body, provided that no
action shall be taken on any item not appearing on the
agenda unless the action is otherwise authorized by
Government Code Section 54954.(b). The legislative body may
adopt reasonable regulations to ensure that the intent of
this Section is carried out, including, but not limited to,
regulations limiting the total amount of time allocated for
public testimony on particular issues and for each
individual speaker.
(b) Any person desiring to address any legislative
body shall first secure the permission of the presiding
officer so to do; provided, however, that under the
following headings of business, unless the presiding officer
rules otherwise, any qualified and interested person shall
have the right to address any legislative body upon
obtaining recognition by the presiding officer:
(1) Written Communications. Interested parties or
their authorized representatives may address the
Council by written communications in regard to
matters then under discussion.
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(2) Oral Communications. Taxpayers, residents of
the City, or other interested parties, or their
authorized legal representatives may address the
Council by oral communications on any matter over
which the Council has control; provided, however,
that preference shall be given to those persons
who may have notified the City Clerk in advance
of their desire to speak in order that the same
may appear on the agenda of the City Council.
(3) Public Hearings and Protests. Interested
persons or their authorized representatives may
address the Council by reading of protests,
petitions, or communications relating to zoning,
sewer, and street proceedings, hearings on pro-
tests, appeals, and petitions, or similar matters
in regard to matters then under consideration."
SECTION VII If any section, subsection,
subdivision, sentence, clause, phrase, or portion of this
Ordinance, is for any reason held to be invalid or uncon-
stitutional by the decision of any court of competent juris-
diction, such decision shall 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 section, subsection, subdivision, sentence, clause,
phrase, or portion thereof, irrespective of the fact that
any one or more sections, subsections, subdivisions, sen-
tences, clauses, phrases or portions thereof be declared
invalid or unconstitutional.
FIRST READ at a regular meeting of the City Council
of said City held on the 28th day of January .
1991 and finally adopted and order posted at a regular
meeting held on the llth day of February •
1991.
ATTEST:
MAYOR OF THE CITY OF CYPRESS
i
CIT LE :K HE /CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
I, DARRELL ESSEX, City Clerk of the City of
Cypress, California DO HEREBY CERTIFY that the foregoing
Ordinance was duly adopted at a regular meeting of the City
Council of the City of Cypress, held on the llth day
of February , 1991, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Kerry, Nicholson, Partin
and Bowman
NOES: 0 COUNCIL MEMBERS: None
ABSTAINED: 0 COUNCIL MEMBERS: None
ABSENT:
0 COUNCIL MEMBERS: None
CITY CLERK F THEE IY OF CYPRESS
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