HomeMy WebLinkAbout2002/11/25 - Agenda Packet - Spec (Urgency Ord) AGENDA
RANCHO CUCAMONGA
CITY COUNCIL
Special Meetin.q
November 25, 2002 - 6:00 p.m.
Rancho Cucamonga Civic Center
Council Chambers
10500 Civic Center Drive
' Rancho Cucamonga, California 91730
A. CALLTO ORDER
1. Pledge of Allegiance
2. Roll Call:
Alexander__, Biane __., Curatalo __, Dutton , Williams
B. ITEM OF BUSINESS
1. CONSIDERATION OF AN URGENCY ORDINANCE PROVIDING THAT ANY PERSON
APPOINTED TO FILL AVACANCY ON THE CITY COUNCIL SHALL HOLD OFFICE
ONLY UNTIL THE DATE OF A SPECIAL ELECTION WHICH SHALL IMMEDIATELY
BE CALLED TO FILL THE REMAINDER OF THE TERM OF THAT OFFICE
ORDINANCE NO. 694 (urgency ordinance)
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING THAT ANY
PERSON APPOINTED TO FILL A VACANCY ON THE CITY
COUNCIL SHALL HOLD OFFICE ONLY UNTIL THE DATE OF A
SPECIAL ELECTION WHICH SHALL IMMEDIATELY BE CALLED
TO FILL THE REMAINDER OF THE TERM OF THAT OFFICE
C. COMMUNICATIONS FROM THE PUBLIC
This is the time and place for the general public to address the City Council. State law
prohibits the Council from addressing any issue not previously included on the agenda. The
Council may receive testimony and set the matter for a subsequent meeting. Comments are
to be limited to five minutes per individual.
City Council Special Meeting Agenda
November 25, 2002
Page 2
D. ADJOURNMENT
I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, hereby certify that a true,
accurate copy of the foregoing agenda was posted on November 21,2002, per Government
Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California.
ORDINANCE NO. ~ q~
AN URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF RANCHO
CUCAMONGA PROVIDING THAT ANY PERSON
APPOINTED TO FILL A VACANCY ON THE CITY
COUNCIL SHALL HOLD OFFICE ONLY UNTIL
THE DATE OF A SPECIAL ELECTION WHICH
SHALL IMMEDIATELY BE CALLED TO FILL THE
REMAINDER OF THE TERM OF THAT OFFICE.
The City Council of the City of Rancho Cucamonga hereby ordains as follows:
Section 1. Pursuant to the provisions of Government Code Section 36512(c)(3),
the City Council of the City of Rancho Cucamonga hereby determines and establishes
that any person appointed to fill a vacancy on the City Council shall hold office only until
the date of a special election which shall immediately be called following such vacancy,
to fill the remainder of the term. The Council appointment shall be made within thirty
(30) days of the vacancy.
Section 2. The City Council hereby finds and determines that it is necessary to
adopt this Ordinance as an urgency measure in order to provide for the immediate
preservation of the public peace, health or safety in that:
A. Two vacancies currently exist on the Council. Under existing law,
unless this Ordinance is adopted and becomes effective immediately, any Council
appointment to fill those vacancies will last up to two years. This would result in
the public being deprived of its authority and opportunity to elect suitable
representatives to fill the vacancies for the remainder of each term.
B. Unless this Ordinance is adopted as an urgency measure, if a
special election is called to fill the two vacancies, those vacancies will exist for
approximately seven months. It is likely that during said seven month period,
major projects necessary to preserve and protect the City's infrastructure, will
require approval of the City Council. Having only three members to consider and
act upon any such project will likely impede the completion of the project which
may require use of the City's power of eminent domain. Under existing law, it is
unclear whether a resolution of condemnation can lawfully be adopted by a three
11231.0001/714161-1 1
member council. Accordingly, it is vitally necessary to the public health and
safety that this Ordinance become effective immediately in order for the two
Council vacancies to be promptly filled by appointment, pending a special
election.
Section 3. The City Clerk shall certify to the adoption of this Ordinance and shall
cause the same to be published in the manner prescribed by law.
ADOPTED AND APPROVED this day of ., 2002.
Mayor