HomeMy WebLinkAboutAGENDA 2012 0104 CC REG ITEM 09A ITEM 9.A.
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MOORPARK CITY COUNCIL
AGENDA REPORT ACTION:- _-�Z,L� .
TO: Honorable City Council -- ---- ---- - —
FROM: Deborah S. Traffenstedt, Deputy City Manager �5T
BY: Maureen Benson, City Clerk -tr
DATE: December 16, 2011 (CC Meeting of 1/4/12)
SUBJECT: Consider an Ordinance Deleting Section 2.04.050, Filling of Vacancies, of
Chapter 2.04, City Council, of Title 2 of the Moorpark Municipal Code
BACKGROUND AND DISCUSSION
As directed by majority vote of the City Council at the December 7, 2011 meeting, attached is
a draft ordinance to delete Section 2.04.050, Filling of Vacancies, of Chapter 2.04, City
Council, of Title 2 of the Moorpark Municipal Code (MMC). The attached draft ordinance has
been reviewed by the City Attorney.
The reasons for deleting Section 2.04.050 were discussed at the December 7 meeting and
include:
• Section 36512(b) of the California Government Code sets forth the legal authority to fill
a vacancy that occurs in an elective office and provides that the Council shall within 60
days from the commencement of the vacancy either fill the vacancy by appointment or
call a special election to fill the vacancy. The special election must be held on the next
regularly established election date not less than 114 days from the call of the special
election. A person appointed or elected to fill a vacancy holds office for the unexpired
term of the former incumbent (applies to both a Councilmember and office of Mayor
vacancy).
• A vacancy for the elected office of the Mayor would also need to be filled consistent
with Section 34902(a) of the Government Code, which is generally consistent with
Section 36512(b), requiring either appointment within 60 days or the calling of an
election on the next established election date to be held not less than 114 days
thereafter.
• A City Council ordinance is not required if Section 36512(b) is to be followed for the
filling of a vacancy for an elective office.
FISCAL IMPACT
There is no fiscal impact for deleting Section 2.040.050 from the MMC other than the printing
costs for updating the code, which are budgeted for in the normal course of business.
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Honorable City Council
January 4, 2012, Regular Meeting
Page 2
STAFF RECOMMENDATION
Introduce Ordinance No. for first reading, waive full reading, and schedule second
reading and adoption for January 18, 2012.
Attachment: Draft Ordinance
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Honorable City Council
January 4, 2012, Regular Meeting
Page 3
ATTACHMENT 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA,
DELETING SECTION 2.04.050, FILLING OF VACANCIES, OF
CHAPTER 2.04, CITY COUNCIL, OF TITLE 2, ADMINISTRATION
AND PERSONNEL, OF THE MOORPARK MUNICIPAL CODE
WHEREAS, Section 2.04.050 of the Moorpark Municipal Code was adopted by
Ordinance 77 to establish the requirements for filling a a vacancy on the City Council; and
WHEREAS, the current language of Section 2.04.050 of the Moorpark Municipal
Code is not in compliance with the specific wording contained in Section 36512 of the
California Government Code, which sets forth the legal authority to fill a vacancy that
occurs in an elective office; and
WHEREAS, California Government Code Section 36512(b) provides the authority
for a Council to either fill a vacancy in an elective office by appointment or by calling a
special election, which allows the decision on the appropriateness of either making an
appointment or calling a special election to be made within the established time period
following the commencement of the vacancy; and
WHEREAS, California Government Code Section 34902(c) regulates the filling of a
vacancy in the office of the Mayor, and is generally consistent with Government Code
Section 36512(b); and
WHEREAS, at the regular meeting of December 7, 2011 , the City Council
determined California Government Code Sections 36512(b) and 34902(c) would be
controlling for filling vacancies on the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1 . That Moorpark Municipal Code Section 2.04.050, Filling of Vacancies,
of Chapter 2.04, City Council, is hereby deleted in its entirety.
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Honorable City Council
January 4, 2012, Regular Meeting
Page 4
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.
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 day of January, 2012.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
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