ORDINANCE NO. 1783
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SAN CLEMENTE MUNICIPAL CODE SECTIONS 2.10.010 AND 2.08.090, VESTING AUTHORITY IN THE CITY MANAGER TO APPOINT THE CITY CLERK WHEREAS, the City Council, at its meeting of June 7, 2022, added a Ballot Measure to the General Municipal Election of November 8, 2022 for the voters to determine whether the City Clerk should remain elected, or if they should be appointed by City Council or Staff; and WHEREAS, the majority of voters approved this measure, approving the transition of the City Clerk position from an elected position to an appointed position, effective at the end of the 2020-2024 term; and WHEREAS, on November 8, 2022, the City adopted Ordinance No. 1746, which established the appointive office of the City Clerk; and WHEREAS, pursuant to California Government Code Section 36510 and Ordinance No. 1746, the City Council may by ordinance vest in the City Manager its authority to appoint the City Clerk; and WHEREAS, the City Council desires to amend Sections 2.10.010 and 2.08.090 of the Municipal Code to vest in the City Manager its authority to appoint the City Clerk.
NOW, THEREFORE, the City Council of the City of San Clemente, California, hereby ordains as follows:
Section 1: Recitals and Scope
The recitals above are true and incorporated fully into this Ordinance. The scope of this Ordinance is for the appointment of the Office of the City Clerk. This Ordinance is subject to the limitations set and superseded by state and federal law.
Section 2: Amendment to San Clemente Municipal Code section 2.10.010 Section 2.10.010 of the Municipal Code of the City of San Clemente is hereby amended to read in its entirety as follows (underlines indicate additions and strikeouts indicate deletions):
2.10.010 - Office established—Appointment and compensation.
Pursuant to California Government Code Sections 36501 and 36508, there is hereby established the office of City Clerk. The City Clerk shall be appointed by, and shall serve at the pleasure of, the City Council Manager and shall not be required to be a resident or elector of the City. The City Clerk shall receive such compensation as shall be fixed from time to time by resolution or ordinance of the City Council. Notwithstanding the above, p Pursuant to Government Code Section 36510, the City Council may, hereby ordinance, vests in the City Manager its authority to appoint the City Clerk.
Section 3: Amendment to San Clemente Municipal Code section 2.08.090(B) Section 2.08.090(B) of the Municipal Code of the City of San Clemente is hereby amended to read in its entirety as follows (underlines indicate additions and strikeouts indicate deletions):
B. Appointment, etc., of Officers and Employees. To appoint, promote, discipline, demote and remove all heads of departments and all subordinate officers and employees of the City, except the City Attorney, City Clerk and City Treasurer; to transfer employees from one department to another and to consolidate or combine offices, positions, departments or units under his or her jurisdiction.
Section 4: The City Clerk shall certify to the passage of this ordinance and cause the same to be published as required by law, and the same shall take effect as provided by law.
Section 5: Effective Date. This Ordinance shall become effective 30 days after adoption.
INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of San Clemente, California, on the 19th day of November, 2024.
APPROVED AND ADOPTED at a regular meeting of the City Council of the City of San Clemente, California, on _____day of _________________, 2024.
ATTEST:
_______________________________ ___________________________ City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. 1783 having been regularly introduced at the meeting of _______________________, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____day of _____________, _______, and said ordinance was adopted by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ______________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
___________________________
Elizabeth A. Mitchell, City Attorney
Ordinance No. 1783 Page 2