HomeMy WebLinkAbout03/13/1990MARCH 13, 1990
DIAMOND BAR CITY COUNCIL
SPECIAL MEETING - 8:00 A.M.
W.V.U.S.D. BOARD ROOM
THANK YOU FOR NOT SMOKING, DRINKING OR EATING
IN THE COUNCIL CHAMBER
CALL TO ORDER: 6:00 p.m.
PLEDGE OF ALLEGIANCE: Mayor Papen
ROLL CALL: COUNCILMEN FORBING, MILLER, HORCHER,
MAYOR PRO TEM WERNER, MAYOR PAPEN
RATIFICATION OF COUNCIL ACTION OF 2/6/90
ADJOURNMENT:
.-AMES L MARKMAN
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MAJRTHA GEISLER PATTERSON
WILLIAM P. CLJRLEY ISI
MEMORANDUM TO: Robert L. Van Nort, City Manager
FROM: Andrew V. Arczynski, City Attorney
DATED: March 9, 1990
RE: Special Meeting of March 13, 1990
As you know, the Mayor has called a special meeting
of the City Council for March 13, 1990 regarding the recent
correspondence received from Carlos F. Negrete asserting that
the City Council's decision of February 6, 1990 removing Mayor
Pro Tam Horcher from that office and electing Mr. Werner as the
Mayor Pro Tem was invalid. That correspondence alleges
violations of the Brown Act and, apparently, is brought
prefatory to a potential lawsuit as required by California
Government Code Section 54960.1.
As we have previously opined, it is the position of
this office that the action taken by the City Council on
February 6, 1990 was valid and binding in that the item listed
on the agenda provided general notice of the potential actions
to occur during the course of the meeting. Notwithstanding
that opinion, and in order to obviate the necessity for
litigating this rather narrow issue, we have recommended that
the Council simply ratify the act in question.
Please be advised that California Government Code
Section 54960.1 permits the City Council to "correct or cure"
the action alleged to have been taken in violation of the Brown
Aot. Moreover, it appears that the argument that the action
taken on February 6th could be considered "null and void" would
only occur after a judicial determination of the invalidity of
the initial. action. Moreover, Section 54960.1(e) specifically
states as follows:
"Ther fact that a legislative body takes a
subsequent action to cure or correct an action taken
pursuant to this section shall not be construed or
admissible as evidence of a violation of this chapter."
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Memorandum to: Robert L. Van Nort, City Manager
March 9, 1990
Page Two
Accordingly, the ratification by the City Council of
the actions taken on February b, 1990 can in no way be
construed to be an admission that the agenda item was
defective. Rather, the purpose of conducting the special
meeting and ratifying the February 6, 1990 action is merely to
obviate the necessity for litigation regarding the matter. As
we all know, such litigation is time-consuming and costly, and
it would appear than no useful purpose would be served to
indulge in the same.
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