HomeMy WebLinkAbout428 - Ordinances ORDINANCE NO. 428
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA ADDING NEW SECTIONS 2.12.030 AND
2.12.040 TO CHAPTER 2.12 OF TITLE 2 OF THE RANCHO
CUCAMONGA MUNICIPAL CODE, THEREBY REQUIRING POSTING OF
AGENDAS AND PROVIDING OPPORTUNITIES FOR THE PUBLIC TO
ADDRESS THE CITY COUNCIL
A. Recitals.
{i) Whereas the State Legislature has suspended Government Code
Section 54954.2 which requires that agendas be posted at least seventy-two
{72) hours before a regular meeting of the legislative body and the committees
and boards appointed thereby.
{ii} Whereas the State Legislature has suspended Government Code
Section 54954.3 which provided that every agenda for a regular meeting shall
provide an opportunity for members of the public to directly address the
legislative bodies and items of interest to the public that are within the
subject matter of jurisdiction of such legislative body.
{iii) The City Council of the City of Rancho Cucamonga believes that
such provisions are necessary and appropriate to insure the public's full
participation in the well-being and affairs of the City and so desires to set
forth such provisions in the Municipal Code of the City of Rancho Cucamonga.
{iv) That all legal prerequisites to the adoption of this Ordinance
have occurred.
B. Ordinance.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does
hereby ordain as follows:
SECTION 1: City finds in all respects as set forth in Section A,
Recital s, herei nabove.
SECTION 2: A new Section 2.12,030 is hereby added to Chapter 2.12 of
Title 2 of the Rancho Cucamonga Municipal Code to read, in words and figures,
as fol 1 ows:
"2.12,030 Agenda; Postin!)~ Action on Other Matters.
"A. At least seventy-two {72) hours before a regular meeting,
the City Council, or its designee, shall post an agenda containing a
brief general description of each item of business to be transacted
or discussed at the meeting. The agenda shall specify the time and
location of the regular meeting and shall be posted in a location
that is freely accessible to members of the public. No action shall
be taken on any item not appearing on the posted agenda.
Ordinance No. 428
Page 2
"B. Notwithstanding Subsection A above, the City Council may
take action on items of business not appearing in the posted agenda
under any of the fol 1 owing condi ti ons:
"1. Upon a determination by a majority vote of the City
Council that an emergency situation exists, as such is defined
in Section 54956.5 of the Government Code, as amended.
"2. Upon a determination by a two-thirds (2/3) vote of the
City Council, or, if less than two-thirds (2/3) of the members
are present, a unanimous vote of those members present, that the
need to take action arose subsequent to the agenda being posted
as specified in Subsection A.
"3. The item was posted pursuant to Subsection A for a
prior meeting of the City Council occurring not more than five
(5) calendar days prior to the date action is taken on the item,
and at the prior meeting the item was continued to the meeting
at which action is being taken."
SECTION 3: A new Section 2.12.040 is hereby added to Chapter 2.12 of
Title 2 of the Rancho Cucamonga Municipal Code to read, in words and figures,
as follows:
"2.12.040 Opportunity for Public to Address Legislative Body:
Regulations.
"A. Every agenda for a regular meeting shall provide an
opportunity for members of the public to directly address the City
Council on items of interest to the public that are within the
subject matter of jurisdiction of the City Council, provided that no
action shall be taken on any item not appearing on the agenda unless
the action is otherwise authorized by Subsection B of Section
2.12.030. However, in the case of a meeting of the City Council, the
agenda need not provide an opportunity for members of the public to
address the City Council on any item that has already been considered
by a committee, composed exclusively of members of the City Council,
at a public meeting wherein all interested members of the public were
afforded the opportunity to address the committee on the item, unless
the item has been substantially changed since the committee heard the
item, as determined by the City Council.
"B. The City Council may adopt reasonable regulations to insure
that the intent of Subsection A is carried out, including, but not
limited to, regulations limiting the total of time allocated for
public testimony and particular issues and for each individual
s pea ker."
Ordinance No. 428
Page 3
SECTION 4: If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason deemed unconstitutional, invalid
or unenforceable by the decision of any court of competent jurisdiction, this
decision shall not effect the validity of the remaining portion of this
Ordinance. The City Council of the City of Rancho Cucamonga hereby declares
that it would have adopted this Ordinance any section, subsection, sentence,
clause, phrase or portion thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, or other portions
might be subsequently declared invalid or unconstitutional.
SECTION 5: The Mayor shall sign this Ordinance and the City Clerk
shall cause the same to.be published within fifteen (15} days after its
passage at least once in the Inland Valley Daily Bulletin, a newspaper of
general circulation published in the City of Ontario, California, and
circulated in the City of Rancho Cucamonga, California.
PASSED, APPROVED, and ADOPTED this 19th day of September, 1990.
AYES: A1 exander, Buquet, Stout
NOES: None
ABSENT: Brown, Wright O~~~j~(~
't6~..is L. Stout~ ~o~"
ATTEST:
~eTra J. Adam~/rC~ty C1 erE' ~
I, DEBRA j. ADAMS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance was introduced at a
regular meeting of the Council of the City of Rancho Cucamonga held on the 5th
day of September, 1990, and was finally passed at a regular meeting of the
City Council of the City of Rancho Cucamonga held on the 19th day of
September, 1990.
Executed this 20th day of September. 1990 at Rancho Cucamonga,
Cal i forni a.