HomeMy WebLinkAboutAGENDA REPORT 2014 0604 CCSA REG ITEM 09Bffi 4 0 ; 0 1 ; L IN 0 0
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TO: Honorable City Council
FROM: Maureen Benson, City Clerk V7Lff
DATE: May 22, 2014 (CC Meeting of 6/4/2014)
ITEM 9.13.
M
SUBJECT: Consider an Ordinance Adding Section 2.04.120, Investigations and
Hearings, to Chapter 2.04, City Council, of Title 2 of the Moorpark
Municipal Code
BACKGROUND AND DISCUSSION
As recommended by the City Manager and City Attorney, attached is a draft ordinance to add
Section 2.04.120, Investigations and Hearings, to Chapter 2.04, City Council, of Title 2 of the
Moorpark Municipal Code (MMC).
The reason for adding Section 2.04.120 is to allow the City Council to issue subpoenas
requiring attendance of witnesses or production of books or other documents for evidence or
testimony in any action or proceeding pending before the Council
FISCAL IMPACT
There is no fiscal impact for adding Section 2.04.120 to the MMC other than the printing costs
for updating the code, which are budgeted for in the normal course of business.
Introduce Ordinance No. for first reading, waive full reading, and place this ordinance on
the agenda for June 18, 2014, for purposes of providing second reading and adoption of the
ordinance.
Attachment: Draft Ordinance
123
Honorable City Council
June 4, 2014, Regular Meeting
Page 2
ORDINANCE NO.
ATTACHMENT
AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA,
ADDING SECTION 2.04.120, INVESTIGATIONS AND
HEARINGS, TO CHAPTER 2.04, CITY COUNCIL, OF TITLE 2,
ADMINISTRATION AND PERSONNEL, OF THE MOORPARK
MUNICIPAL CODE
WHEREAS, Government Code Section 37104 provides the authority for a legislative
body to issue subpoenas requiring attendance of witnesses or production of books or other
documents for evidence or testimony in any action or proceeding pending before it; and
WHEREAS, the city council shall have the discretionary right to make investigations
and hold hearings with respect to all matters within its legislative power and all matters
pertaining to the administration of the business of the city, and shall have the power of
subpoena as provided in sections 37104 et seq. of the state Government Code; and
WHEREAS, at the regular meeting of June 18, 2014, the City Council determined to
add Section 2.04.120 to the Moorpark Municipal Code consistent with state Government
Code Section 37104.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. That Moorpark Municipal Code Section 2.04.120, Investigations and
Hearings, of Chapter 2.04, City Council, is hereby added to read:
"2.04.120 Investigations and hearings.
The city council shall have the discretionary right to make investigations and
hold hearings with respect to all matters within its legislative power and all
matters pertaining to the administration of the business of the city, and shall
have the power of subpoena as provided in sections 37104 et seq. of the state
Government Code."
SECTION 2. If any section, subsection, sentence, clause, phrase, part or portion of
this ordinance is for any reason held to be invalid or unconstitutional by any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this ordinance. The City Council declares that it would have adopted this ordinance and
each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the
fact that any one or more section, subsections, sentences, clauses, phrases, parts or
portions be declared invalid or unconstitutional. 124
Honorable City Council
June 4, 2014, Regular Meeting
Page 3
SECTION 3. This ordinance shall become effective thirty (30) days after its passage
and adoption.
SECTION 4. The City Clerk shall certify to the passage and adoption of this
ordinance; shall enter the same in the book of original ordinances of said City; shall make a
minute of the passage and adoption thereof in the records of the proceedings of the City
Council at which the same is passed and adopted; and shall publish notice of adoption in
the manner required by law.
PASSED AND ADOPTED this th day of June, 2014.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
125