Ordinance 1617
'ORDINANCE NO. 1G17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AMENDING SECTION 2.Q4.040, CITY COUNCIL -
VACANCY, OF THE CUPERTINO MUNICIPAL CODE
WI~REAS, state law, effective January i, 1993, has amended Section 36512 of
the California Government Code regarding filling of Council vacancia that occur by
means older than by expiration of a term; and
WHEREAS, We City Council finds it necessary to amend the Cupertino
Municipal Codo to come into compliance with the California Government Code;
THE CUPERTINO CI1Y COUNCIL HEREBY ORDAINS that Section
2.04.040, Vacancy, of the Cupertino Municipal Code shall read as follows.
2.04.040 Vacancy
A. If any vacancy on the City Council occurs on the City Cosuscil other than
by expiration of a tenor, the City Council"shall, at its option within Wirty days from'the
commencement of the vacancy, either fill the vacancy by appointment for the unexpired
term of the former incumbent, or call a spxial election to fill the vacancy. The spxiai
election shall be 6eid on the next regularly established election date not less than 90 days
from the call of the special election.
B. Notwithstanding eery other provision of this suction, the City Council may
appoint any person, otherwise qualified, to fill a City Council vacancy to hold office only
until the date of a special election which is called to fill the remainder of the term
pursuant to aubaection A. above.
C. Notwithstanding any other provision of this suction, an appointment shall
not be made to fill a vacancy on the City Council if the appointment would result in a
majority of the members serviag on We Council having been appointed. the vacancy
shall be filled in one of the following ways:
1. The City Council may call an electon to fill the vacancy to be held
on the next rogularly established election date not less than 90 days after the call.
ORDINANCE NO.
2. If the City Council does not call an election pursuant to paragraph
I, the vacancy shall be filled at the next regularly established election date.
INTRODUCED at u regular mating of the City:;Council of the City of Cupertino
on the 4 r h day of igy_~Y , 1993, and ENACTED at a regular
meeting of the City Council of the City of Cupertino on the 19th day of
January , 1993, by tho following vote:
y~ Membe of the City Council
AYES: Dean, Goldman, Koppel, Sorensen, Szabo
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NOES:... None :~~ is:"~ :,.
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ABSENT: None
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ABSTAIN: ~ ~ None ~ ~, a ~'»~i ~ . - ta.; ~~
ATTEST: "~ .~APPROVHD:t C •- __ ~~~,
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