HomeMy Public PortalAboutOrd. 1576ORDINANCE NO. 1576
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD AMENDING SECTION 2 -3 OF THE LYNWOOD
MUNICIPAL CODE RATIFYING THE ESTABLISHMENT OF THE
OFFICE OF ELECTED CITY CLERK, SETTING FORTH THE
DUTIES OF THAT OFFICE AND ASSIGNING RESPONSIBILITY
FOR DEPARTMENTAL SUPPORT, OPERATIONS AND
PERFORMANCE TO THE CITY MANAGER
WHEREAS, the City of Lynwood (the "City ") is a General Law City governed by an
elected body of five council members; and
WHEREAS, pursuant to applicable provisions of the Government Code for General Law
Cities, the elective office of City Clerk has been established in the City; and
WHEREAS, Government Code §§ 40801 et seq. sets forth the statutory duties of the
City Clerk of a General Law City; and
WHEREAS, pursuant to Government Code § 40805.5, the City Council of the City of
Lynwood (the "Council ") has by ordinance established the Finance and Administration
Department and transferred the financial and accounting duties imposed on the City Clerk by
Government Code §§ 40802 — 40805 to the Director of Finance; and
WHEREAS, pursuant to Government Code § 37209, the duties imposed on the City
Clerk by Chapter 4, Part 2, Division 3, Title 4 of the Government Code have also been
transferred to the Director of Finance; and
WHEREAS, the City Council has taken all necessary action to provide the City Manager
«r._ t he required assets f o.r th e proper ma nwb ement d i ri -ist at ion of t,e City s r ec o ds
retention policy, including retention of the budget, financial, grant and contract documentation,
real property records such as title insurance policies and grant deeds, and the performance of said
responsibilities is to be carried out separate from, but in close coordination with, the City Clerk's
mandated functions; and
WHEREAS, pursuant to Government Code § 40810, the Council has by ordinance
transferred the City Clerk's assessor functions to the County and the Director of Finance; and
WHEREAS, the Council has determined that codification of the remaining duties of the
office of the City Clerk is necessary to provide clarity and promote the proper performance of the
duties of such office; and
WHEREAS, it is established law that a City Council of a General Law City must provide
municipal officers such as the City Clerk with the personnel, equipment and resources the
Council in its reasonable discretion determines are needed for the proper functioning of such
office; and
WHEREAS, it is also established law that a City Council of a General Law City may by
ordinance set the working hours and specify the work location of the City Clerk; and
WHEREAS, in the interest of providing for the efficient administration of the City's
affairs, the Council has elected by ordinance to establish a city manager form of government as
permitted by Government Code § 34851; and
WHEREAS, in the ordinance establishing the city manager form of government the
Council has specified the powers and duties of the City Manager as required by Government
Code § 34852; and
WHEREAS, among the powers so specified by Council is the City Manager's ability
to exercise control of all departments and divisions of the City government and over all
appointive offices thereof, subject to the approval of the City Council; and
WHEREAS, the Council finds that in order to ensure the efficient, economical and
harmonious functioning of the City and to render high - quality service to the City's residents, it
shall be the duty of the City Clerk to assist, cooperate with and integrate the performance of
retained duties that result in the creation of official records with the administration of the affairs
of the City as set forth in this ordinance.
NOW, THEREFORE, THE CITY OF LYNWOOD DOES ORDAIN AS FOLLOWS:
Section 1. That Section 2 -3 of Chapter 2 of the Code of the City of Lynwood be amended to
read as follows:
2 -3 CITY CLERK
2 -3.1 Duties of the City Clerk.
a. The City Clerk, or such deputies as may be designated by the City Clerk pursuant to
subsection 2 -2.3 of this Code, shall do the following:
1. Keep accurate, indexed records of City Council proceedings in books bearing
appropriate titles and devoted exclusively to such purposes, based on either attendance at
meetings of the Council or submittal of Council proceedings presented to the City Clerk.
2. Retain custody of the City Seal.
3. Keep an ordinance and resolution book, and record all ordinances and resolutions
in it with certifications attached.
4. Serve as the elections official of the City pursuant to the provisions of Section 2-
23.3 et seq. of this Code.
Perform the functions of a City Clerk_ described in the Political Reform Act.
6. Administer oaths of office and oaths in public proceedings as and when called
upon by law, the City Council or the City Manager.
7. Timely publish notices requesting formal bids for City projects, contracts and
services; receive all formal bid packages and perform the public opening and recording of
such bids.
8. Perform such other duties as the City Council shall and has specified by ordinance
or resolution.
9. Perform such other duties as required by California law and not otherwise
delegated to third parties pursuant to same.
b. The City Council may, to the extent not otherwise limited by law, assign any of the above
duties to the City Manager or his /her designee.
2 -3.2 Oversight.
The City Manager shall have oversight over the duties specified in subsection 2 -3.1 of this Code
and the allocation of City resources for the performance of same consistent with the requirements
of California law pertaining to the specific responsibilities of the City Clerk.
2 -3.3 Deputies.
a. The City Clerk may designate members of his or her staff, selected by the City Manager
as specified below, as deputies, for whose acts the City Clerk and his or her bondsmen shall be
responsible, for specific purposes and for specific times as are necessary in order to efficiently
discharge the duties of the City Clerk as specified in subsection 2 -3.1 of this Code. Any such
individuals shall be selected by the City Manager based upon the applicable personnel rules and
regulations, and assigned to the City Clerk's Office to assist the City Clerk in the performance
and delivery of his or her mandated duties and responsibilities.
b. The classified position of Deputy City Clerk shall be under the supervision and direction
of the City Manager as to the performance of all duties except those exclusively designated by
statute to the City Clerk and not otherwise, in accordance with applicable law, assigned to third
parties.
2 -3.4 Administrative Responsibilities.
The City Clerk shall report to the City Manager for all functions except in the performance of
those duties set forth in paragraphs a.1 through a.9 of subsection 2 -3.1 of this Code that are the
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Council, and then only to the extent the Council does not direct otherwise. All activities shall, to
the greatest degree possible, be coordinated through the City Manager and the staff he or she
may designate to permit the most effective and efficient administration of the duties in question
and in such a way as to avoid duplication of efforts and limit outlays or expenditures.
Section 2. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of
this Ordinance or any part thereof is for any reason held to be invalid or unconstitutional, such
decision shall not affect the validity of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, clause or phrase of this ordinance irrespective of the fact that any one or
more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared invalid
or unconstitutional.
Section 3. This Ordinance shall take effect thirty (30) days after its final passage by the City
Council.
Section 4. The City Clerk of the City of Lynwood is hereby directed to certify to the passage
and adoption of this Ordinance and to cause it to be published or posted as required by law
First read at a regular meeting of the City Council held on the
2nd
day of
May , 2006 and adopted and ordered published at a regular meeting of said
Council held on the 16th day of May , 2006.
Attest:
Andrea L. Hooper, City Clerk
Leticia Vasquez, Mayor
City of Lynwood
Approved as to form:
0,-% � o _
J. Arnoldo Beltran, City Attorney
STATE OF CALIFORNIA }
} ss.
COUNTY OF LOS ANGELES }
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that
the foregoing Ordinance was passed and adopted by the City Council of the City
of Lynwood at a regular meeting held on the 16th day of May
2006.
AYES: COUNCILMEN JOHNSON, SANTILLAN AND VASQUEZ
NOES: COUNCILMEN BYRD AND PEDROZA
ABSENT: NONE
ABSTAIN: NONE
aj&..t_ / A
Andrea L. Hooper, City Clerk
STATE OF CALIFORNIA }
} ss.
COUNTY OF LOS ANGELES }
I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and foregoing is a full, true
and correction copy of Ordinance No. 1576
on file in my office and that
said Ordinance was adopted on the date and by the vote therein stated.
Dated this 16th day of May , 2006.
O� • ��i
Andrea L. Hooper, City Clerk