HomeMy Public PortalAbout2008.145 (08-19-08)RESOLUTION NO. 2008. 145
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
IMPLEMENTING THE CITY CLERK COMPENSATION PURSUANT TO
GOVERNMENT CODE SECTION 36517
WHEREAS, the City of Lynwood (the "City") is a general law city governed by an
~ elected body of five (5) Councilmembers; and
WHEREAS, pursuant to the applicable provisions of the Government Code for
general law cities, the elective office of the City Clerk has been established in the City;
and
WHEREAS, Government Code section 40801 et seq. sets forth the statutory
duties of the City Clerk of a general law city; and
WHEREAS, Government Code section 36517 provides for the compensation of
the City Clerk to be fixed by ordinance or resolution; and
WHEREAS, pursuant to Government Code section 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 sections 40802-40805 to the Director of
Finance; and
WHEREAS, pursuant to Government Code section 37209, the duties imposed on
the City Clerk by Chapter 4, Part 2, Division 3, Title 4 of the Government Code have
also been transferned to the Director of Finance: and
~ WHEREAS, the City Council has taken all necessary action to provide the City
Manager with the required assets for the proper management and administration of the
City's records retention policy, including retention of the budget, financial, grant and
contractual documentation, real property records such as title insurance policies and
grant deeds, and tMe 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 section 40810, the Council has by
ordinance transferred the City Clerk's assessor functions to the County and the Director
of Finance; and
WHEREAS, it is established law that a city council of a general law city may by
ordinance set the wrorking 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 City Council has elected by ordinance to establish a City Manager form of
government as permitted by Government Code section 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 section 34852; and
' WHEREAS, by virtue of Ordinance No. 1576, the City Council has adopted an
amended Municipal Code Section 2-3.1 DUTIES OF THE CITY CLERK and has in
Ordinance No. 1576 narrowly defined the duties of the City Clerk as:
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's seal.
3. Keep an ordinance and resolution book, and record all ordinances and
resolutions in it with certifications attached.
4. Serve as the election official of the City pursuant to the provisions of
Section 2-23.3 et seq. of the Municipal Code.
Perform the functions of a City Clerk as 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, and receive all formal bid packages and perform the public
opening and recording of such bids.
8. Pertorm 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, and
WHEREAS, the City Council may, to the extent not otherwise limited by law,
assign any of the duties set forth in Municipal Code Section 2-3.1 to the City Manager or
his/her designee, and
NOW, THEREFORE, the City Council of the City of Lynwood does hereby
resolve as follows:
Section 1: Any and all resolutions adopted prior to the date of this Resolution No.
2008.145 and which established compensation, duties or other terms and
conditions of performance of City Clerk duties, included but not limited to,
Resolution No. 2007.187, are superseded by this Resolution No. 2008.145
and shall have no force or effect from and after the effective date of
Resolution 2008.145.
Section 2: Concurrent with the effective date this Resolution No. 2008.145, the
compensation of the City Clerk shall be as follows:
a. SALARY - $1,000.00 monthly.
Section 3: LIMITS ON COMPENSATION AND NON-COMPENSATION BENEFiTS:
Absent adoption of a Resolution(s) or Ordinance(s) providing the City
Clerk with other forms of compensation, the onlv "compensation" provided
to the City Clerk shall be the above salary, and the following limited
compensation.
The following compensation in the amounts received from time to time by
the City Council:
1. Retirement contributions
2. Insurance coverage (medical, dental, vision, life)
3. Auto Expense Reimbursement (up to $250 per month within 60 mile
radius, IRS rules beyond 60 mile radius)
4. Participation at Redevelopment Agency meetings (monthly stipend of
$50, payable only for meetings attended)
5. Participation at Lynwood Public Finance Authority ($100 per meeting
attended, maximum of four meetings per year)
6. Eligibility to participate in the City's deferred compensation program
However, notwithstanding the provisions of this section 3, compensation
shall not exceed limits mandated from time to time by state law.
Section 4: This resolution shall take effect on Monday, September 1, 2008.
PASSED, APPROVED AND ADOPTED this 19th day of August, 2008.
~e~y~ c3`,-""'~_,
MARIA T. SANTILLAN, MAYOR
CITY OF LYNWOOD
ATTEST:
~ / ~
MARIA QUINON Z,
CITY CLERK
APROVED AS TO CONTENT:
ROGER HA Y, CITY MANAGER
APPROVED AS T FORM:
~~
RED GALANTE,
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 Resolutiion was passed and adopted by the City Council of the City of
Lynwood at a regular meeting held on the 19th day of August, 2008.
AYES: COUiNCIL MEMBERS, CASTRO, FLORES, MORTON, RODRIGUE2,
AND SANTILLAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
~ ~"
Maria Quinonez, City Clerk
STATE OF CALIFORNIA )
) SS.
~ COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City
Council of said City, do hereby certify that the above foregoing is a full, true and correct
copy of Resolution No. 2008.145 on file in my office and that said Resolution was
adopted on the date and by the vote therein stated. Dated this 19th day of August,
2008
~
~ '
Maria Quinonez, City Clerk ' '~
THE CITY OF LYNWOOD
Auto Expense Reimbursement Form
NAME:
FROM DATE (mo and year):
TO DATE (mo and year):
Request for Auto Expense Reimbursement
Estimated Auto Expenses:
Total:
Outside Area Travel (Beyond 60 miles from City Hall)
Total Miles:
Note: Attach City Mileage Reimbursement Form for Outside Area Travel.
I hereby attest that I have incurred these expenses and therefore request
reimbursement for the same.
Requestor Signature
Finance Department Approval:
(Print Full Name and Sign)