HomeMy WebLinkAbout696 - Ordinances ORDINANCE NOT ADOPTED
UNANIMOUS VOTE REQUIRED
ORDINANCE NO. 696
AN URGENCY ORDINANCE OF THE CITY COUNCIL 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, (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 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.
Ordinance No. 696 ORDINANCE NOT ADOPTED
Page No. 2 of 2 UNANIMOUS VOTE REQUIRED
RECORDED VOTE this 18th day of December 2002.
AYES: Alexander, Williams
NOES: Gutierrez
ABSENT: None
ABSTAINED: None
ATTEST:
Df~bra J. Adams,~C, City Clerk
I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance was introduced as an Urgency
Measure at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 18th
day of December 2002.