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HomeMy WebLinkAboutORD 001 1983 0702ORDINANCE NO. 1 AN URGENCY ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA PROVIDING THAT ALL ORDINANCES OF THE COUNTY OF VENTURA APPLICABLE BEFORE IN- CORPORATION SHALL REMAIN IN FULL FORCE AND EFFECT AS CITY ORDINANCES. THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. County Enactments to Remain in Effect. (a) All ordinances of the County of Ventura which have been applicable within the territory now incorporated as the City of Moorpark, to the extent that they applied before incorporation, shall remain in full force and effect as I ordinances of the City of Moorpark. (b) Additionally, all resolutions, rules and regu- lations of the County of Ventura which have been so applicable in implementation of the aforesaid ordinances or of mandates of State law (such as, but not limited to, the California Environmental Quality Act), to the extent that they applied before incorporation shall remain in full force and effect as resolutions, rules and regulations, respectively, of the City of Moorpark. SECTION 2. Declaration of Intent. Certain provisions of the County enactments referred to in Section 1 of this ordinance reflect the County govern- mental structure and contain references to officials, official titles, commissions, and other designations which are not a part of the structure of this City's government. In order to effectively and intelligently administer the County enactments to the extent that they are continued in effect by this ordinance, it is the purpose of this ordinance to provide for the substitution of the appropriate city official, title, or designation in County enactments. SECTION 3. Substitution of Appropriate Reference to City. (a) Whenever in the enactments of the County of Ventura which are continued in effect by the City there is a reference to "Board of Supervisors ", this reference shall be interpreted to mean the "City Council of the City of Moorpark." (b) Whenever in the enactments of the County of Ventura which are continued in effect by the City there is a reference to an officer, office, official title, or other designation, the reference shall be interpreted to mean that office, title, or designation in the governmental structure of the City, or if there is none, any official or titleholder in the City who has been specifically directed by the City Council or the City Manager to perform the functions referred to or the duties imposed. I= (c) Whenever it is appropriate under the circum- stances, and in the enactments of the County of Ventura which are continued in effect by the City, there is a reference to the "County of Ventura ", said reference shall be interpreted to mean the "City of Moorpark." (d) Whenever in the enactments of the County of Ventura which are continued in effect by this Ordinance, there is a reference to "Board of Supervisors ", "Planning Commission ", "Planning Director." such reference shall be interpreted to mean that these agen- cies are acting as agents or agencies of the City of Moorpark, until such time as the City Council has created an agent or agency(s) within the city government structure to otherwise perform the functions of the said County agency or agencies, and until such time as said City agent or agency has commenced functioning and has been directed to undertake the particular function or functions theretofore performed by the said County agency or agencies. SECTION 4. Duration of County Ordinances Within City. Each ordinance of the County of Ventura which remains in effect as a City ordinance by virtue of Section 1 -3- of this ordinance shall remain in effect as a City ordinance for a period of one hundred twenty (.120) days or until the Council adopts an ordinance superseding it, whichever first in time occurs. SECTION 5. Manner of Superseding County Ordinances Within 120 -Day period. No city ordinance enacted within the 120 -day period of time shall be deemed to supersede a County ordinance unless the city ordinance specifically refers to the County ordinance and states an intention to supersede it. SECTION 6. Enforcement of Continuing County Ordinances. The enforcement of the County ordinances continuing in effect in the incorporated area shall be by the City except insofar as services of enforcement are furnished by the County in accordance with Government Code Section 35448. SECTION 7. Authority for Enactment. This ordinance is adopted under Government Code Section 35441. SECTION 8. Declaration of Facts Constitutin Urgency. -4- This ordinance is an urgency ordinance and is for the immediate preservation of the public peace, health, and safety. The facts constituting urgency are these: the City of Moorpark is newly incorporated and it comprises territory formerly unincorporated. Government Code Section 35441 of the State of California provides that the City shall immediately upon organization and before performing any other act adopt an ordinance providing that all the County ordinances applicable before the incorporation shall remain in full force and effect as City ordinances for 120 days or until the Council has enacted ordinances superseding them. It is necessary that this ordinance take effect immediately in order to have continuity in the existence, application, administration, and enforcement of the same ordinances in the City which applied before incorporation until the city may enact ordinances susperseding them. SECTION 9. Taking Effect. This ordinance, being an urgency ordinance for the immedi ate protection of the public safety, health, and general welfare, containing a declaration of the facts consti- tuting the urgency, and passed by at least a four - fifths (4/5) vote of the City Council, shall take effect immediately upon its adoption. -5- The foregoing ordinance was introduced, approved and adopted at a meeting of the City Council held on the 2nd_ day of July , 1983, by the following votes: AYES: Councilmembers Beaulieu, Harper, Prieto, Straughan and Mayor Yancy- Sutton NOES: None ABSENT: None ATTEST: MAY /�" "" 00- "R�Iz : jmv� r�� Wwo"i 0 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Doris D. Bankus , City Clerk of the City of Moorpark, Cali ornia, do hereby certify that the foregoing Ordinance No. 1 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 2nd day of July , 1983. That, thereafter, said ordinance was duly adopted and passed at a regular meet- ing of the City Council on the 2nd day of July , 1983, by the following vote, to wit: AYES: Councilmembers Beaulieu, Harper, Prieto, Straughan and Mayor Yancy- Sutton NOES: None ABSENT: None WITNESS my hand and the official seal of said City this 2nd day of July , 1983. �ii . STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, DORIS D. BANKUS , City Clerk of the City of Moorpark, Calfiornia, do hereby certify that the forego°.ng Ordinance No. 1 was adopted by the City Council of the City of Moorpark, at a regular meeting thereof, held on the 20 day of (uly , 1983, and that the same was adopted by the following vote, to wit: AYES: Councilmembers Harber, Beaulieu, Prieto, Straughan and Mayor Yancy - Sutton; NOES: None; ABSENT: None. WITNESS my hand and the official seal of said City this 20 day of July 1 1983. CITY CLERK (SEAL)