HomeMy WebLinkAboutCC AG PKT 2015-04-13 #J AGENDA STAFF REPORT
DATE: April 13, 2015
TO: Honorable Mayor and City Council
FROM: Steven L. Flower, City Attorney
SUBJECT: CITY CLERK APPOINTMENT
SUMMARY OF REQUEST:
That the City Council introduce Ordinance No. 1645, which would vest the power
to appoint the City Clerk in the City Manager.
BACKGROUND AND ANALYSIS:
In November 2014, the voters of the City approved Measure EE, which amended
the City Charter to allow for the appointment, rather than the direct election of, a
City Clerk.
Pursuant to the state law, when the voters have passed such a measure, the City
Clerk shall be appointed by the City Council unless and until the Council adopts
an ordinance transferring the appointing authority to the City Manager. Such an
ordinance can be rescinded, which would return the appointing authority to the
City Council.
In December 2014, the previously elected City Clerk retired and the City Council
appointed Tina Knapp as the acting City Clerk.
On March 23, 2015, the City Council directed the City Attorney to prepare an
ordinance to transfer the power to appoint the City Clerk to the City Manager.
The proposed ordinance is attached to this staff report.
If the City Council approves the ordinance for introduction, it will appear on a
future agenda for the second reading. The ordinance would be effective thirty
days after its second reading.
ENVIRONMENTAL IMPACT:
This action is exempt from the California Environmental Quality Act because it is
not defined as a "project" under CEQA.
Agenda Item J
FINANCIAL IMPACT:
There is no financial impact to adopting this ordinance.
RECOMMENDATION:
That the City Council introduce Ordinance No. 1645, which would vest the power
to appoint the City Clerk in the City Manager.
SUBMITT '"~
Steven L. Flower, City Ptorney
Attachment:
A. Ordinance No. 1645
Page 2
ORDINANCE NUMBER 1 645
AN ORDINANCE OF THE CITY OF SEAL BEACH VESTING
AUTHORITY TO APPOINT THE CITY CLERK IN THE CITY MANAGER
AND AMENDING CHAPTERS 3.05 AN 3.15 OF THE SEAL BEACH
MUNICIPAL CODE
THE SEAL BEACH CITY COUNCIL ORDAINS AS FOLLOWS:
SECTION 1. In 2014, the electors of the City of Seal Beach approved Measure EE,
which amended the City Charter to make the office of City Clerk appointive rather than
elective. Pursuant to Section 36510 of the California Government Code, when the
electors of the City have approved such a measure, the City Council shall appoint the
City Clerk unless the City Council by ordinance vests in the City Manager its authority to
appoint the City Clerk.
SECTION 2. The City Council hereby vests its authority to appoint the City Clerk in the
City Manager. Such appointing authority may be rescinded by the City Council by
adoption of a subsequent ordinance.
SECTION 3. Section 3.05.015 of the Seal Beach Municipal Code is hereby deleted.
SECTION 4. Section 3.15.010 of the Seal Beach Municipal Code is hereby amended by
the addition of a new subsection "B"to read as follows:
"B. Appointment of City Clerk. The city manager is the appointing
authority for the position of city clerk. The compensation of the city clerk
shall be designated in the city council resolution establishing salary rates
for management and non-represented employees."
SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and shall
cause the same to be published in the manner prescribed by law.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at
a regular meeting held on the 27th day of April, 2015.
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE }SS
CITY OF SEAL BEACH }
I, Tina Knapp, City Clerk of the City of Seal Beach, do hereby certify that the foregoing
Ordinance was introduced for first reading at a regular meeting held on the 13th day of
April, 2015 and was passed, approved and adopted by the City Council at a regular
meeting held on the 27th day of Ap q,2015 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
And do hereby further certify that Ordinance Number 1645 has been published pursuant
to the Seal Beach City Charter and Resolution Number 2836.
City Clerk