HomeMy WebLinkAboutORD-03-06 Amend Ch 2.55-General Provisions for CommitteesORDINANCE NO. 3-
06 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING CHAPTER2.55
OF THE ORANGE MUNICIPAL CODE RELATING
TO GENERAL PROVISIONS FOR CITY
COUNCIL CREATED
COMMITTEES.WHEREAS, pursuant to Government Code Section 40605 and Orange
Municipal Code Section 2.04.040 the Mayor makes all appointments, subject to approval of the
City Council, to City Council created boards, committees and commissions to assist in
the carrying out of the City's business and to further the public interest;
and WHEREAS, pursuant to Orange Municipal Code Section 2.55.010 all
members of boards, commissions and committees serve at the pleasure of the City Council
and unless otherwise provided by law may be removed at any time, with or without cause,
by the City Council;
and WHEREAS, the City Council is authorized to establish membership criteria
for its various boards, committees and commissions as long as such criteria is not in
conflict with any state laws;
and WHEREAS, the City Council has established such criteria and by this
ordinance desires to have such appointments automatically vacated if a member of a
board,committee or commission does not fulfill the mandatory qualifications for holding
the
position.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ORANGE DOES ORDAIN AS
FOLLOWS:SECTION
I:The title of Chapter 2.55 shall be deleted and replaced as
follows:BOARDS, COMMISSIONS AND
COMMITTEES-
GENERAL PROVISIONS
SECTION II:Section 2.55.020 of the Orange Municipal Code entitled "Vacancies"
shall be modified to read
In addition to state law regulating when a vacancy occurs, if any
City Council appointed member of any committee, board or
commission no longer fulfills the mandatory qualifications for
holding such a position as established by resolution of the City
Council, then the office shall become vacated upon such occurrence.
Any member of a committee, board or commission who no longer
fulfills the mandatory qualifications for holding the position shall
notify the City Clerk immediately and shall not participate in any
decisions of the committee, board or commission to which the
member was appointed.
If a vacancy on a board, commission or committee shall occur other
than by expiration of a term, such vacancy shall be filled by the City
Council by appointment for the unexpired term. Failure to appoint or
re-appoint a member whose term has expired shall not result in
an automatic vacancy unless it would result in the member
having served more than 12 consecutive years as provided in
Section 2.55.010
above."SECTION
III:Should any section, subsection, clause, or provision of this Ordinance for
any reason be held to be invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining portions of
this Ordinance; it being hereby expressly declared that this Ordinance, and each
section,subsection, sentence, clause and phrase hereof would have been prepared,
proposed,approved and ratified irrespective of the fact that anyone or more sections,
subsections,sentences, clauses or phrases be declared invalid or unconstitutional. This
Ordinance shall be prospective in application from its effective
date.SECTION
IV:A summary of this Ordinance shall be published and a certified copy of the
full text of this Ordinance shall be posted in the Office of the City Clerk at least five (5)
days prior to the City Council meeting at which this Ordinance is to be adopted. A
summary of this Ordinance shall also be published once within fifteen (15) days after
this Ordinance's passage in a newspaper of general circulation, published, and circulated
in the City of Orange. The City Clerk shall post in the Office of the City Clerk a
certified copy of the full text of such adopted Ordinance along with the names of those
City Council members voting for and against the Ordinance in accordance with
Government Code Section 36933. This Ordinance shall take effect thirty (30) days from and after
the date of its final
passage.DAD 2 Ord. No.
ADOPTED this 12th day of September, 2006
JL~JIH
Mark A. Murphy, Mayor, City
ATTEST:
wf~~fc:~o=g,
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Ordinance was introduced at the regular meeting of the City
Council held on the 22nd day of August, 2006, and thereafter at the regular meeting of
said City Council duly held on the 12th day of September, 2006, was duly passed and
adopted by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
Ltt C {'
Mary E.
3