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Home My Public Portal About14) 9B Urgency Ordinance CC Meeting Location Staff ReportCity Council August20,2013 Page 2 of 3 4. On July 16, 2013, the City Council awarded two Public Works Contracts for the City Council Chamber Renovation Project. The Council Chamber will be closed during the renovation beginning on September 4 and continuing until at least November 5, 2013. ANALYSIS: The City has general right under California law to hold regular City Council meetings anywhere in the jurisdictional boundaries of the City, however, the City's Charter and municipal code has limited the Council meeting location to the Council Chamber. Per City's municipal code, Chapter 1, Section 2100, Council Meetings: Regular meeting of the city council shall be held in the Council Chamber, City Hall, located at 5938 North Kauffman Avenue, Temple City, California, at seven thirty o'clock (7:30) P.M. on the first and third Tuesdays of each month of the year; provided that if any such Tuesday hereby fixed for the date of such meeting shall fall on any holiday, then such meeting shall be held on the next succeeding day, not a holiday, at the hour and place hereinbefore named for such meeting. Since the Council Chamber will be closed for renovation from September 4 to November 5, 2013, it is necessary to relocate the City Council meetings elsewhere. Therefore, meetings held at locations other than the Council Chamber is not considered a regular meeting and with that restricts the types of actions City Council can take (i.e., adoption of resolutions, ordinances and orders for the payment of money). California Government Code in sections 36934 and 36935 states that ordinances, as well as resolutions and orders for the payment of money, shall only be adopted at regular meetings of the City Council. The City Council has authority to adopt an urgency ordinance pursuant to Government Code sections 36934 and 36937 when such an ordinance is necessary to protect the public peace, health, or welfare. If the City Council agrees to amend the Regular City Council Meeting location, it would require an amendment to the City's Municipal Code. Adoption of the proposed Urgency Ordinance No. 13-978U is necessary at this time as the Council Chamber will be closed for upcoming council meetings. Adoption of the proposed Urgency Ordinance will change the regular City Council meeting location from the Council Chamber to location within the City as designated by the Mayor and or City Manager. CONCLUSION: In an effort to keep the disruption of City business to a minimum (i.e., without power to City Council August20, 2013 Page 3 of 3 adopt resolutions, orders for the payment of money during the renovation period, and power to adopt ordinances) it is the City Attorney's recommendation to amend the municipal code to state that regular meetings of the City Council shall be held at the Council Chamber or such location within the City as designated by the Mayor or the City Manager. FISCAL IMPACT: This item does not have an impact on the Fiscal Year (FY) 2013-14 City Budget. ATTACHMENT: A. Ordinance No. 13-978U Chamber at the city hall, 5938 North Kauffman Avenue, Temple City, California, or at such location within the City as designated by the Mayor or City Manager, at seven thirty o'clock (7:30) P.M. on the first and third Tuesday of each month of the year. SECTION 2. Effective Date. This ordinance is an urgency ordinance enacted under California Government Code sections 36934 and 36937(b). This urgency ordinance is effective upon adoption by a four-fifths (4/5) vote of the City Council. SECTION 3. Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED this 201h day of August, 2013. MAYOR ATTEST: APPROVED AS TO FORM: City Clerk City Attorney I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Urgency Ordinance No. 13-978U was introduced at the regular meeting of the City Council of the City of Temple City held on the 20'h day of August 2013, and was duly passed, approved and adopted by said Council at the regular meeting held on August 20, 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk Councilmember- Councilmember- Councilmember- Councilmember- 2 ATTACHMENT A ORDINANCE NO. 13-978U AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, AMENDING CHAPTER 1, SECTION 2100 OF THE CITY OF TEMPLE CITY MUNICIPAL CODE RELATING TO THE MEETING LOCATION OF REGULAR COUNCIL MEETINGS THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN: Whereas, the City Council has authority to adopt an urgency ordinance pursuant to Government Code sections 36934 and 36937 when such an ordinance is necessary to protect the public peace, health, or welfare. Whereas, since 1965 the Temple City Regular City Council meeting has been held in the Council Chamber at the City Hall, at 5938 Kauffman Avenue, Temple City, California at seven thirty o'clock (7:30) P.M. on the first and third Tuesday of each month of the year; Whereas, the City Council has scheduled renovations to the Council Chamber beginning on September 4, 2013 and continuing until at least November 5, 2013; Whereas, during the Council Chamber renovation period of September 4 to November 5, 2013, Council meetings will be held at various locations within the City; Whereas, the California Government Code in sections 36934 and 36935 states that ordinances, as well as resolutions and orders for the payment of money, shall only be adopted at regular meetings of the City Council; Whereas, the City cannot be without the power to adopt resolutions and orders for the payment of money during the renovation period, and should not ever be without the power to adopt ordinances, because the lack of such powers puts the regular and orderly running of the City's business at risk, could cause City contractors to suspend services to the City for non-payment, could leave the City vulnerable to changes in Federal or State law that are not reflected in the City's Municipal Code due to the failure to adopt ordinances reflecting such changes, would put the City at risk of failing to meet its Housing Element duties under California law due to the planned adoption of a new Housing Element during the Council Chamber renovation period, and would otherwise burden the functioning of the City; Whereas, the City generally has the right to hold regular City Council meetings anywhere in the jurisdiction of the City Council, but has previously limited the meeting location to the Council Chamber; and Whereas, immediate removal of that limitation is necessary to protect the public peace, health, or safety by immediately authorizing the holding of regular City Council meetings in locations other than the Council Chamber to ensure that the City Council may continue to adopt resolutions and orders for the payment of money, as well as ordinances; and Whereas, the next planned regular meeting of the City Council is schedule for a date after the Council Chamber renovation period begins, so there is no reasonably feasible means by which to adopt a permanent ordinance to address the potential threat to public peace, health, or safety caused by the existing meeting location limitation. Now therefore, the City Council of the city does ordain SECTION 1. read as follows: Chapter 1, Section 2100 of the Temple City Municipal Code is hereby amended to 2100. Council Meetings. Regular meetings of the City Council shall be held in the City Council Chamber at the city hall, 5938 North Kauffman Avenue, Temple City, California, or at such location within the City as designated by the Mayor or City Manager, at seven thirty o'clock (7:30) P.M. on the first and third Tuesday of each month of the year. SECTION 2. Effective Date. This ordinance is an urgency ordinance enacted under California Government Code sections 36934 and 36937(b). This urgency ordinance is effective upon adoption by a four-fifths (4/5) vote of the City Council. SECTION 3. Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED this 201h day of August, 2013. MAYOR ATTEST: APPROVED AS TO FORM: City Clerk City Attorney I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Urgency Ordinance No. 13-978U was introduced at the regular meeting of the City Council of the City of Temple City held on the 20'h day of August 2013, and was duly passed, approved and adopted by said Council at the regular meeting held on August 20, 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk Councilmember- Councilmember- Councilmember- Councilmember- 2