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CC MIN 1972
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CC MIN 1972
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Last modified
8/1/2016 8:26:31 AM
Creation date
7/29/2016 12:07:28 PM
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Template:
CC Index
CC Index - Document Type
Minutes
Meeting Type
Regular
Agency Type
City Council
Date
1/3/1972
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He then asked City Attorney to review the basic legal framework of the City . <br /> City Attorney discussed the various legislative acts of Council , principal <br /> ones being by adoption of an ordinance or by adoption of a resolution . As <br /> a chartered city , certain acts specified by a charter are acted upon by ord - <br /> inance ; for example , appropriations over $2 , 000 . A legislative act adopted <br /> by ordinance generally is of higher stature than by resolution, and therefore <br /> becomes more permanent . He explained the purpose of codification , noting that <br /> certain ordinances such as those relating to appropriations were of insufficient <br /> permanence to be codified . He explained that zoning regulations are required <br /> to be adopted by ordinance , and for convenience these are kept in a separate <br /> bound volume . City ' s Zoning Ordinance has the basic number of 1100 , and has <br /> been amended many times . Such amendments can be initiated by a property owner , <br /> Planning Commission , or by Council , with final action where required by Council . <br /> With respect to adoption of resolutions , this provides a convenient legislative <br /> action which is easier to amend , and does not require introduction and adoption , <br /> nor the 30 -day period before becoming effective , and publication requirement , <br /> as in the case of an ordinance . There are certain instances where public <br /> hearings may not be required , but are desirable from a public relations standpoint . <br /> In addition to legislative acts , Council also acts as a quasijudicial function , <br /> for example , where an individual appeals an action . He noted that in this area , <br /> he had found that more and more , the courts are imposing court proceeding <br /> requirements . Another function of Council is to award leases of City property . <br /> City Attorney followed these remarks with more detailed comments with respect <br /> to rules imposed on Council as a chartered City . He pointed out that the <br /> Charter is adopted , and amendments made , by the electors , and the portions can <br /> become obsolete by preemption by the State . <br /> One important area under the procedural aspect concerns the Ralph M . Brown Act <br /> ( open meeting act ) which provides various safegwrds to protect the public <br /> against the holding of secret meetings , and which grew out of certain abuses by <br /> elected officials down through time . Exceptions are provided for to permit <br /> discussions in executive session of specified matters , such as certain personnel <br /> matters and matters of litigation . In addition , for purposes of discussion and <br /> instructing representatives under meet and confer provisions of Meyers--Milias - <br /> Brown Act , executive session is permitted . <br /> Requirement to adjourn to time and place certain inthe event of extraordinary <br /> meetings was explained . <br /> City Attorney also cautioned Council with regard to the importance of the area <br /> of conflict of interest . He pointed out one of his functions was to advise <br /> Adj . Reg . Mtg . <br /> 5 - 9-72 <br />
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