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Chapter 3.08 of the Burlingame Municipal Code, entitled "City Clerk" is hereby repealed and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