Ontario Mountain Village Assn. v. City of Ontario CA4/2

I. INTRODUCTION

Plaintiffs and appellants, Ontario Mountain Village Association (OMVA) and

Phillip J. Meza, appeal from the judgment denying their complaint for declaratory and

injunctive relief and writ petition to invalidate Ordinance No. 2947, adopted by defendant

and respondent, City of Ontario (the City), in December 2011. The ordinance extended,

by one year, the expiration dates of all development plans, conditional use permits, and

variance approvals (permits) previously approved by the City and scheduled to expire on

or before March 1, 2013. The City adopted similar extension ordinances in March 2009,

January 2010, and March 2011.

Plaintiffs appeal, claiming the City (1) violated section 54957.5 of the Ralph M.

Brown Act (Gov. Code § 54509 et seq.)1 (the Brown Act) in refusing to disclose, until

after the December 6, 2011, city council hearing on the ordinance, a legal memorandum

the city attorney summarized and distributed to the council members during the hearing;

(2) violated their due process right to a fair hearing in refusing to disclose the legal

memorandum until after the December 6 hearing; (3) violated the California

Environmental Quality Act…