Ordinance Number 846067
URGENCY ORDINANCE NO. 846
FILLING OF COUNCIL VACANCIES
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING PROCEDURES FOR THE FILLING OF A
COUNCIL VACANCY
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Code Amendment.
Article 3, entitled "Council Vacancy," is hereby added to Chapter 1, "City
Council," of Title 2, "Administration," to read as follows:
"Article 3. Council Vacancy
"2-1.301. Alternate Methodologies for Filling Council Vacancy.
"(a) Appointment. Pursuant to Government Code Section 36512(b), the City
Council may fill a vacancy on the City Council by appointment within the time frame
established by state law. An appointment under this subsection shall be for the remainder
of the term of the former incumbent.
"(b) Special Election. Pursuant to Government Code Section 36512(b), the
City Council may fill a vacancy on the City Council by calling a special election within the
time frame and process called for understate law. The term of office under this subsection
following the special election shall be for the remainder of the term of the former
incumbent.
"(c) Interim Appointment and Special Election. Pursuant to Government
Code Section 36512(c)(3), the City Council may fill a vacancy on the City Council by
making an interim appointment and calling a special election. An appointment under this
option shall be only for that period of time until the results of the special election for the
vacant Council seat are certified and accepted by the City Council. Thereafter, the
remaining term shall be for the remainder of the term of the former incumbent."
SECTION 2. Urgency Ordinance Findings.
This Urgency Ordinance is enacted pursuant to Government Code Section
36937 and shall take effect immediately. This ordinance is for the immediate preservation
of the public peace, health or safety in that the City Council has received a sudden,
unexpected resignation from a Council Member. The City does not have any Municipal
ME.
Code provision available to implement Government Code Section 36512(c) which would
allow the City Council to fill a vacant Council seat on an interim basis until a special
election to fill the seat is held in November, 2000. Without the flexibility of the Council
being able to make an interim appointment, the potential exists that the City Council could
find itself unable to make final decisions without a fifth member which could impair the
City's ability to conduct such important business as processing public works projects,
planning and zoning entitlement actions, and financial matters in a timely way.
SECTION 3. Effective Date.
This Ordinance shall take effect immediately.
SECTION 4. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be published once as required by law and posted at the duly designated posting
places within the City of San Juan Capistrano within fifteen (15) days after its passage.
PASSED, APPROVED AND ADOPTED this 18th day of
January .2000.
ATTEST:
CITY CLERK
OLLE AMP LL, MAYOR
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069
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Urgency
Ordinance No. Raft which was adopted at a meeting of the City Council of the City
of San Juan Capistrano, California, held on January 18th 2000,
by the following vote:
AYES: Council Members Greiner, Hart, Swerdlin and
Mayor Campbell
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOH N, ITY CLERK
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