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P. Prevention of detrimental impacts to residents, the public interest, health, safety and <br />welfare requires the immediate enactment of this ordinance. The absence of this <br />ordinance will create a serious threat to the orderly and effective implementation of <br />any code amendments, general plan amendments or specific plan amendments <br />which may be adopted by the City; cyber cafe and internet access business uses <br />may be in conflict with or frustrate the contemplated updates and revisions to the <br />Code. Moreover, permitting such uses during said studies and implementation <br />would create impacts on the public health, safety and welfare that the City Council, <br />in adopting this ordinance, has found to be unacceptable. <br />0. The Request for Council Action for this ordinance dated October 16, 2018, and duly <br />signed by the Executive Director of the Planning and Building Agency and/or Chief <br />of Police shall, by this reference, be incorporated herein, and together with this <br />ordinance, any amendments or supplements, and oral testimony constitute the <br />necessary findings for this ordinance. <br />R. The City Council finds, determines and declares that the current and immediate <br />threat to the public health, safety and welfare of the city and its citizens necessitates <br />the immediate enactment of the ordinance. The facts constituting such urgency are <br />set forth in paragraphs A -P of this ordinance. <br />Section 2. Any ordinance declared by the City Council to be necessary as an <br />emergency measure for preserving the public peace, health and safety, and containing <br />a statement of the reasons for its urgency, may be introduced and adopted at one and <br />the same meeting if passed by the affirmative votes of at least four-fifths (4/5) vote of <br />the City Council members. Further, California Government Code Section 65858 <br />authorizes the City Council to adopt an interim urgency ordinance, without following the <br />procedures otherwise required for the adoption of an ordinance, to protect the public <br />safety, health, and welfare, prohibiting any uses that may be in conflict with a <br />contemplated general plan, specific plan, or zoning proposal that the City Council, <br />Planning Commission or the planning department is considering or studying or intends <br />to study within a reasonable time. <br />Section 3. This ordinance shall have no further force and effect forty-five (45) <br />days from the date of its adoption; unless, however, after public hearing the City Council <br />members, by four-fifths (4/5) vote, extend this ordinance for an initial period of ten (10) <br />months and fifteen (15) days and subsequently, after public hearing, the City Council <br />members, by four-fifths (4/5) vote, extend this ordinance one more year. <br />Section 4. It shall be unlawful and a misdemeanor for any person to violate or <br />fail to comply with any provision of the ordinance. The violation of any provision of this <br />ordinance shall be punished as provided in Section 1-8 of the Code. <br />Section 5. If any section, subsection, phrase, or clause of this ordinance is for <br />any reason held to be unconstitutional, such decision shall not affect the validity of the <br />remaining portions of this ordinance. The City Council hereby declares that it would <br />Ordinance No. NS - <br />Page 4 of 6 <br />y 1 M <br />