HomeMy WebLinkAboutAGENDA REPORT 2012 0215 CC REG ITEM 11A ITEM 11 .A.
-0 ------- ORDINANCE NO. 410
ARDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING 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 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, Government Code Section 34902(a) regulates the filling of a
vacancy in the office of the mayor, and is generally consistent with Government Code
Section 36512(b); and
WHEREAS, the City Council has determined its preference to require an
election to fill a vacancy for city council and the office of mayor; and
WHEREAS, Government Code Section 36512(c) provides that
notwithstanding subdivision (b) and Section 34902, a city may enact an ordinance
that does any of the options listed, including Section 36512(c)(1) as follows:
"Requires that a special election be called immediately to fill every city council
vacancy and the office of mayor designated pursuant to Section 34902. The
ordinance shall provide that the special election shall be held on the next regularly
established election date not less than 114 days from the call of the special election";
and
WHEREAS, at the regular meeting of February 1, 2012, the City Council
determined to amend Section 2.04.050 of the Moorpark Municipal Code consistent
with Government Code Section 36512(c)(1).
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 replaced in its entirety to read:
258
Ordinance No. 410
Page 2
"2.04.050 Filling of vacancies.
A special election shall be called immediately to fill every city
council and elected office of mayor vacancy in accordance with Section
36512(c)(1) of the Government Code and any section amendatory or
supplementary thereto."
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 15th day of February, 2012.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
259