HomeMy WebLinkAbout405 l •
ORDINANCE NO. 405
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF LOS
ALTOS HILLS AMENDING THE LOS ALTOS HILLS MUNICIPAL CODE BY ADDING
ARTICLE 3 [CITY COUNCIL VACANCIES] TO CHAPTER 1 [CITY COUNCIL] OF
TITLE 2 [ADMINISTRATION] TO.ESTABLISH A PROCEDURE FOR FILLING CITY
COUNCIL VACANCIES
WHEREAS, The City Council believes there should be a procedure available to fill
a vacant and unexpired City Council seat between the effective date of the vacancy and
the election of a qualified individual at a special election to serve the remainder of the
unexpired term; and
WHEREAS,California Government Code Section 36512(c)(3)allows a City to adopt
a procedure to fill vacant and unexpired City Council seats during the period between
notice of the vacancy and a special election; and
WHEREAS, the provisions of this Ordinance need to go into effect immediately to
protect the peace, health and safety of the Town so that an election is held to address an
immediate vacancy but the Council is not left with only four members for any length of time;
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does ORDAIN
as follows:
1. Amendment of Code. Article 3 [Town Council Vacancies] is hereby added to
Chapter 1 [Town Council]of Title 2 [Administration]of the Town of Los Altos Hills Municipal
Code to read as follows:
Article 3. City Council Vacancies
2-1.301 —Appointment
2-1.302— Selection
2-1.302— Non- Mandatory
2-1.301 Appointment. As authorized by California Government Code Section
36512(c)(3) the city council may appoint a qualified individual to fill a vacancy on the city
council until the date a special election is held to fill the remainder of the unexpired term.
The special election shall be immediately called upon the appointment of a qualified
individual to fill the vacancy. The date of the special election shall be controlled by the
California Government Code. Notwithstanding the above, the council may not appoint
someone to file the vacancy, if doing so would result in the majority of the councilmembers
being appointed.
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2-1.302 Selection. If the council desires to appoint a qualified individual to fill a
vacancy, the council may determine, in its discretion, how the selection of the appointee
will be made, as long the process complies with all applicable laws and statutes.
2-1.302 Non-Mandatory. Nothing in this Chapter shall require the council to
choose to fill a vacancy until the time of a special election or to call a special election if the
council chooses to appoint a qualified individual to serve the remainder of the unexpired
term.
2. SEVERABILITY. If any part of this ordinance is held to be invalid or inapplicable
to any situation by a court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance or the applicability of this ordinance to
other situations.
3. EFFECTIVE DATE; POSTING. This ordinance shall become effective
immediately and shall be posted within the Town of Los Altos Hills in three (3) public
places.
This Ordinance was passed at a regular meeting of the City Council of the Town of
Los Altos Hills on November 4 , 1999, on a four-fifths vote of all Councilmembers, as
follows:
AYES: Mayor Dauber and Councilmembers Casey, Finn, Johnson and Siegel
NOES: None
ABSTENTIONS: None
ABSENT: None
B
Mayor
y�C
Clerk
APPROVED AS TO FORM:
City 4ttorney
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