HomeMy WebLinkAboutORD 432 2014 1203 ORDINANCE NO. 432
AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA,
IMPOSING RESTRICTIONS ON CITY EMPLOYMENT OF SPECIFIED
CURRENT AND FORMER CITY OFFICIALS, AND AMENDING
CHAPTER 2.04, CITY COUNCIL; CHAPTER 2.08, MUNICIPAL
ELECTIONS; CHAPTER 2.12, CITY MANAGER; CHAPTER 2.16, CITY
CLERK; CHAPTER 2.20, CITY TREASURER; CHAPTER 2.32, PARKS
AND RECREATION COMMISSION; CHAPTER 2.36, PLANNING
COMMISSION; CHAPTER 2.38, MOORPARK ARTS COMMISSION; AND
CHAPTER 2.70, MOORPARK CITY LIBRARY, OF TITLE 2,
ADMINISTRATION AND PERSONNEL, OF THE MOORPARK
MUNICIPAL CODE
WHEREAS, consistent with the intent of Government Code Section 87406.3,
which prohibits local elected officials and city managers from becoming paid agents,
attorneys, or otherwise representing for compensation third parties before the local
government agency for which they were formerly affiliated for a period of one year after
leaving that office or employment; and
WHEREAS, consistent with subsection 87406.3(c), which generally states that a
local government agency is not precluded from adopting a more restrictive ordinance or
policy that restricts the appearance of a former local official before that local
government agency, the City Council has determined to add employment and
compensation restrictions for City Council, Parks and Recreation Commission, Planning
Commission, Arts Commission, and Library Board, by adopting an ordinance adding
new Sections 2.04.075, 2.32.120, 2.36.120, 2.38.120, and 2.70.110; and
WHEREAS, the City Council has determined that it is appropriate to amend
Chapter 2.04, City Council, to add reference to the terms of office for Mayor and
Councilmember pursuant to Measure D, adopted by the voters in November 1988, and
to amend Chapter 2.08, Municipal Elections, because the language in this chapter is out
of date, and the references to state Elections Code and Government Code sections are
incorrect; and
WHEREAS, the City Council has determined that it is appropriate to delete
Section 2.12.020, Eligibility, of Chapter 2.12, City Manager, because it is replaced by
new Section 2.03.075, Employment and compensation restrictions, of Chapter 2.04,
City Council, and to amend language in Section 2.12.110, Agreements with council, of
Chapter 2.12, City Manager, to require four affirmative votes of the City Council to
approve a new or amended employment agreement for the City Manager within sixty
(60) days prior to and following a regular or special election for which a member of the
City Council is to be elected; and
WHEREAS, editorial corrections are required to Sections 2.16.010 and 2.20.030
to correct Government Code references, and to Chapter 2.38, Arts Commission, to
achieve more consistency with municipal code language for other established
commissions; and
Ordinance No. 432
Page 2
WHEREAS, at the regular meeting of November 19, 2014, the City Council
introduced for first reading an ordinance adding new Sections 2.04.045, 2.04.075,
2.32.120, 2.36.120, 2.38.120, and 2.70.110; amending and replacing Chapter 2.08;
deleting Section 2.12.020; amending Sections 2.12.110, 2.16.010, 2.20.030 and
Chapter 2.38; and following second reading of the ordinance at the regular meeting of
December 17, 2014, the Council reached its decision to adopt the ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1 . That Moorpark Municipal Code Section 2.04.045 is added to
Chapter 2.04, City Council, to read as follows:
"2.04.045 Term of office of elected mayor and councilmember.
Pursuant to Measure D, approved by the voters on November 8,
1988, the electors of the city shall elect a mayor and four councilmembers,
and the mayoral term of office shall be two years and the councilmember
term of office shall be four years."
SECTION 2. That Moorpark Municipal Code Section 2.04.075 is added to
Chapter 2.04, City Council, to read as follows:
"2.04.075 Employment and compensation restrictions.
No member of the council shall be eligible for employment by the
City or to perform contractual work for compensation by the City, during
his or her term of elected office as a member of the city council and for
one year after leaving that elected office, with the exception of the
compensation received for the elected office of mayor or as an elected or
appointed councilmember."
SECTION 3. That Moorpark Municipal Code Chapter 2.08, Municipal Elections,
is replaced in its entirety as follows:
"2.08.010 Procedure for holding elections.
All City municipal elections shall be held in accordance with the
election laws of the State of California, as the same now exists or
hereafter may be amended, for the holding of municipal elections."
SECTION 4. That Moorpark Municipal Code Section 2.12.020, Eligibility, of
Chapter 2.12, City Manager, is hereby deleted in its entirety, because it has been
replaced by new Section 2.04.075, Employment and compensation restrictions, of
Chapter 2.04, City Council.
SECTION 5. That Moorpark Municipal Code Section 2.12.110 of Chapter 2.12,
City Manager, is revised to read as follows:
Ordinance No. 432
Page 3
"212.110 Agreements with city council.
Nothing in this chapter shall be construed as a limitation on the
power or authority of the city council to enter into any supplemental
agreement with the city manager delineating additional terms and
conditions of employment not inconsistent with any provisions of this
chapter:, except that a new or revised employment agreement with the city
manager shall not be entered into within sixty (60) days prior to and sixty
(60) days after any regularly scheduled or special election for which a
member of the city council is to be elected. unless that agreement is
approved by no less than four affirmative votes of the city council."
SECTION 6. That Moorpark Municipal Code Section 2.16.010 of Chapter 2.16,
City Clerk, is revised to read as follows:
"2.16.010 Statutory authority.
The office of the city clerk is established pursuant to Section
356501 of the Government Code of the state."
SECTION 7. That Moorpark Municipal Code Section 2.20.030 of Chapter 2.20,
City Treasurer, is revised to read as follows:
"2.20.030 Powers and duties.
The city treasurer shall perform such duties as are prescribed by
Section 410001 through 41007 of the Government Code of the state and
by any other provisions of law applicable to deposit and investment and
safekeeping of public funds of the city."
SECTION 8. That Moorpark Municipal Code Section 2.32.120 is hereby added
to Chapter 2.32, Parks and Recreation Commission, to read as follows:
"2.32.120 Employment and compensation restrictions.
No member of the parks and recreation commission shall be
eligible for employment by the City or to perform contractual work for
compensation by the city during his or her appointment term and for a
period of one year after leaving that appointed office, with the exception of
the compensation received for the elected office of mayor or as an elected
or appointed councilmember, after leaving the commission."
SECTION 9. That Moorpark Municipal Code Section 2.36.120 is hereby added
to Chapter 2.36, Planning Commission, to read as follows:
Ordinance No. 432
Page 4
"2.36.120 Employment and compensation restrictions.
No member of the planning commission shall be eligible for
employment by the City or to perform contractual work for compensation
by the city during his or her appointment term and for a period of one year
after leaving that appointed office, with the exception of the compensation
received for the elected office of mayor or as an elected or appointed
councilmember, after leaving the commission."
SECTION 10. That Moorpark Municipal Code Chapter 2.38, Moorpark Arts
Commission, is amended to revise the chapter title, revise sections 2.38.010, 2.38.070,
and 2.38.080, and add new Section 2.38.120 to read as follows (all Chapter 2.38
sections not shown as revised, below, are retained without alteration):
"MOORPARK-ARTS COMMISSION"
"2.38.010 Created.
An Meer-park--arts commission for the city is established with
membership and duties as provided in this chapter."
"2.38.070 Organization.
A. At the first (1st) regular meeting in January of each year, the
arts commission shall elect its chair from among the appointed members
for the term of one (1) year; and, subject to other provisions of law, may
create and fill such other offices as it may determine.
B. The commission shall hold regular quarterly meetings as
determined by the commission at its first (1st) regular meeting in--January
of each year, such determination to include the dates, time and place of
such meetings.
C. The commission may hold such additional adjourned or
special meetings as may be called in accordance with the provisions of
the Government Code.
D. If any regular meeting falls on a holiday, it shall be held on
the next scheduled business day and all meetings otherwise scheduled or
noticed to be held on a regular meeting day falling on a holiday shall be
held at the meeting of the next business day without the necessity of any
other or further notice."
"2.38.080 Duties and responsibilities.
The duties and responsibilities of the arts commission are as
follows:
A. When requested from time to time by the city council, Aact in
an advisory capacity to the city council in ail any matters pertaining to the
High Street Arts Center's programming activities, administration and
development of the annual theatrical season, promotion of the arts
Ordinance No. 432
Page 5
center's programs and services to stimulate interest therein, and review of
a long-range capital improvement plan.
B. In accordance with Chapter 17.50 of this code, act in an
advisory capacity and review the conceptual design and placement of
artwork, solicit public comment, and provide a recommendation to the city
council on the design and location.
C. Perform such other duties as may be requested from time to
time by the city council."
"2.38.120 Employment and compensation restrictions.
No member of the arts commission shall be eligible for employment
by the City or to perform contractual work for compensation by the city
during his or her appointment term and for a period of one year after
leaving that appointed office, with the exception of the compensation
received for the elected office of mayor or as an elected or appointed
councilmember, after leaving the commission."
SECTION 11. That Moorpark Municipal Code Section 2.70.110 is hereby added
to Chapter 2.70, Moorpark City Library, to read as follows:
"2.70.110 Employment and compensation restrictions.
No member of the library board shall be eligible for employment by
the City or to perform contractual work for compensation by the city during
his or her appointment term and for a period of one year after leaving that
appointed office, with the exception of the compensation received for the
elected office of mayor or as an elected or appointed councilmember, after
leaving the library board."
SECTION 12. 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.
SECTION 13. This ordinance shall become effective thirty (30) days after its
passage and adoption. The employment and compensation restrictions in Sections
2.32.120, 2.36.120, 2.38.120, and 2.70.110 will first apply to any new appointee to the
Parks and Recreation Commission, Planning Commission, Arts Commission, and
Library Board after the effective date of this ordinance.
SECTION 14. 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
Ordinance No. 432
Page 6
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 3rd day of December, 2014.
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Janice S. Parvin, Mayor
ATTEST:
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Maureen Benson, City Clerk ;~��` Agal
Ordinance No. 432
Page 7
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby
certify under penalty of perjury that the foregoing Ordinance No. 432 was adopted by
the City Council of the City of Moorpark at a regular meeting held on the 3rd day of
December, 2014, and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Pollock, Van Dam, and Mayor Parvin
NOES: None
ABSENT: Councilmember Millhouse
ABSTAIN: None
WITNESS my hand and the official seal of said City this 3rd day of December, 2014.
Maureen Benson, City Clerk
(seal)
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