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HomeMy WebLinkAboutOrd 1884ORDINANCE NO. 1 884 AN ORDINANCE OF THE CITY OF BURLINGAME IMPLEMENTING BALLOT MEASURE I OF THE NOVEMBER, 2009 ELECTION MAKING THE OFFICE OF BURLINGAME CITY CLERK AN APPOINTIVE POSITION WHEREAS, in November of 2009, the electorate of the City of Burlingame passed Measure I making the office of the Burlingame City Clerk appointive rather than elected and the appointive City Clerk position shall commence on December 2013 at the end of the current City Clerk's term; and WHEREAS, pursuant to Government Code sections 34856 and 36510, in cities where the office of City Clerk is appointive, the City Council is the appointing authority for the City Clerk unless the Council enacts an ordinance to delegate the appointing authority to the City Manager; and WHEREAS, in order to authorize the City Manager as the appointing authority for the City Clerk, the City Council must enact an ordinance delegating the appointive authority to the City Manager; and WHEREAS, the Councils of numerous other cities in San Mateo County, including San Mateo, Woodside, Menlo Park, Half Moon Bay, Portola Valley, Pacifica and Brisbane have delegated the authority to appoint the City Clerk to the City Manager; and WHEREAS, the appointive City Clerk has numerous duties as prescribed by the Government Code and by the City of Burlingame's custom and practice which should be included in the City ordinance which establishes the office of City Clerk; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES ORDAIN AS FOLLOWS: Division 1. Findings The City Council determines and finds that all of the facts contained in the recitals above, all of the facts contained in the staff report and all of the facts presented at the public hearing 1, are true and correct and based upon these facts, the Council determines that the public welfare of the citizens of Burlingame require the adoption of this ordinance. sion 2. Office of the City Clerk Chapter 3.08 of the Burlingame Municipal Code, entitled "City Clerk" is hereby repealed and a new Chapter 3.08 is added to the Burlingame Municipal Code to read as follows: "Chapter 3.08 City Clerk Sections: 3.08.010 Office of City Clerk established 3.08.020 Appointment of City Clerk 3.08.030 Compensation 3.08.040 Duties 3.08.010 Office of the City Clerk Pursuant to Government Code sections 36501, 36508-36510, there is an Office of City Clerk in the City of Burlingame. 3.08.020 Appointment of the City Clerk Pursuant to Government Code section 34856, the City Clerk shall be appointed by the City Manager and shall hold office at the pleasure of the City Manager, 3.08.030 Compensation The City Clerk shall receive the same benefits as other members of the Department Head unrepresented group. 3.08.040 Duties The City Clerk shall be clerk of the council and keep an accurate record of all ordinances, resolutions and motions, shall have custody of the official seal and all official records committed to his or her care, shall make affidavits and administer oaths without charge in matters affecting the business of the city, shall conduct elections and shall perform the duties of a city clerk as provided by the general law of the state. The City Clerk shall also maintain regular, full-time office hours, provide documents to the public, provide administrative support for appointments to City Boards and Commissions, maintain City's document retention system, maintain City agreements, resolutions, bonds and real property documents, maintain and update City's municipal code, receive and open bids for City projects and contracts, publish notices and ordinances and such other related duties as may be assigned by the City Manager." Division 4. Severability. If any of the provisions of this Chapter or the application thereof to any person or circumstance is held invalid, the remainder of those provisions, including the application of such part or provisions to persons or circumstances other than those to which it is held invalid shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this Chapter are severable. Division 5. Environmental Findings. The Planning Department has determined that the actions contemplated in this ordinance are in compliance with the California Environmental Quality Act because there exists no possibility that the enactment of this ordinance may have a significant effect on the environment (CEQA Guidelines section 15061(b)(3)). Division 6. This ordinance shall be published according to the requirements of state law. Ann Keig4t n, Mayor I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the 4h day of March, 2013, and adopted thereafter at a regular meeting of the City Council held on the 18th day of March, 2013, by the following vote: AYES: Councilmembers: BAYLOCK, BROWNRIGG, DEAL, KEIGHRAN, NAGE L NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE ary Elleir Kearney, City Clerk