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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.