IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO
ORDINANCE NO. 2023-011
ORDINANCE TO AMEND THE SAN LEANDRO MUNICIPAL CODE CHAPTER 1-2 DEPARTMENTS TO
REFLECT THE CURRENT STRUCTURE OF CITY DEPARTMENTS
WHEREAS, the organiza�onal structure of the City of San Leandro has changed over �me to reflect the needs of the organiza�on; and
WHEREAS, the reorganiza�on of the Public Works Department and crea�on of the new Recrea�on and Parks Department provided an opportunity to update the Municipal Code to align with the City’s current organiza�onal structure.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LEANDRO DOES ORDAIN as follows:
SECTION 1. RECITALS. The above recitals are true and correct and made a part of this ordinance.
SECTION 2. AMENDMENT OF CODE. Chapter 1-2 of the San Leandro Municipal Code is amended in its en�rety to read as follows:
CHAPTER 1-2
DEPARTMENTS
Sections:
1-2-100 DEPARTMENTS CREATED.
1-2-105 CITY MANAGER—POWERS AND DUTIES.
1-2-110 CITY CLERK FUNCTIONS.
1-2-111 ELECTRONIC FILING OF CAMPAIGN DISCLOSURE.
1-2-115 TITLE OF PUBLIC WORKS DIRECTOR, CITY ENGINEER, SUPERINTENDENT OF STREETS, ET AL.
1-2-120 CITY TREASURER FUNCTION.
1-2-125 FUNCTIONS OF COMMUNITY DEVELOPMENT DEPARTMENT.
1-2-127 FUNCTIONS OF LIBRARY DEPARTMENT AND RECREATION HUMAN RESOURCES DEPARTMENT.
1-2-128 FUNCTIONS OF HUMAN RESOURCES DEPARTMENT.
1-2-129 FUNCTIONS OF FIRE DEPARTMENT.
1-2-130 FUNCTIONS OF THE HUMAN SERVICES DEPARTMENT.
1-2-131 FUNCTIONS OF THE RECREATION AND PARKS DEPARTMENT. 1-2-132 FUNCTIONS OF THE INFORMATION TECHNOLOGY DEPARTMENT. 1-2-100 DEPARTMENTS CREATED.
The following departments are hereby created, and shall be under the direct control of the designated department heads:
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Departments Department Heads
City Atorney City Atorney
City Manager City Manager
Community Development Department Community Development Director Finance Department Finance Director
Fire Department Alameda County Fire Chief (pursuant to
contract with Alameda County Fire District)
Informa�on Technology Department Chief Technology Officer Library Department Library Director
Human Resources Department Human Resources Director
Human Services Department Human Services Director
Police Department Police Chief
Public Works Department Public Works Director
Recrea�on and Parks Department Recrea�on and Parks Director 1-2-105 CITY MANAGER—POWERS AND DUTIES.
The City Manager shall possess exclusive administra�ve authority over all departments except that of City Atorney. The City Manager shall:
(a) Create, reorganize and abolish divisions within each department as necessary for the proper administra�on of the City’s business;
(b) Assign du�es to each department and division as necessary for efficient func�oning of City services;
(c) Assign employees to each department and division as necessary for the accomplishment of assigned du�es;
(d) Prescribe rules and regula�ons for the conduct of City officers and employees; and
(e) Prescribe rules and regula�ons for the conduct of City administra�ve officers and employees.
1-2-110 CITY CLERK FUNCTIONS.
Notwithstanding Sec�on 1-2-105, whenever a func�on, power, obliga�on or liability is imposed upon the office or personage of a City Clerk, either by the general laws of the State of DRAFT
California, by the Charter of the City of San Leandro, by this Code or by any administra�ve rules, regula�ons, custom or prac�ce of the City of San Leandro, the officer in the City Manager’s office assigned to City Clerk du�es shall have or exercise such func�on, power, obliga�on, or liability and shall be fully vested with the requisite legal authority and exclusive responsibility to have or perform such func�on, power, obliga�on or liability. The City Manager shall, at all �mes, assign an officer of the City to the du�es of City Clerk, and such officer shall possess the requisite qualifica�ons for such du�es. Such assignment shall be approved by the City Council.
For the authen�ca�on and cer�fica�on of official acts, documents, records, and elec�on results and for the deposit and custody of resolu�ons, ordinances, minutes, disclosure statements, pe��ons and other official documents, the assigned officer shall use the seal, �tle and emoluments of the office of the City Clerk to the extent required by law. 1-2-111 ELECTRONIC FILING OF CAMPAIGN DISCLOSURE.
(a) Any elected officer, candidate, commitee or other person required to file specified statements, reports, or other documents with the City Clerk as required by Chapter 4 of the Poli�cal Reform Act (California Government Code Sec�on 84100 et seq.) and that has received contribu�ons or made expenditures of Two Thousand Dollars ($2,000.00) or more, may electronically file such statements using the City Clerk’ s online system according to procedures established by the City Clerk. These procedures shall ensure that the online system complies with the requirements set forth in Sec�on 84615 of the Government Code. Elected officers, candidates, and commitees required to file statements may file such statements using the City Clerk’ s online system, unless exempt from the requirement to file pursuant to Government Code Sec�on 84615 because the elected officer, candidate or commitee received contribu�ons totaling less than Two Thousand Dollars ($2,000.00) and makes expenditures totaling less than Two Thousand Dollars ($2,000.00) in a calendar year. (b) The online filing system shall ensure the integrity of the data transmited and shall include safeguards against efforts to tamper with, manipulate, alter, or subvert the data. (c) The online filing system shall only accept a filing in the standardized record format that is developed by the California Secretary of State pursuant to Sec�on 84602(a)(2) of the California Government Code and that is compa�ble with the Secretary of State’s system for receiving an online or electronic filing.
(d) During the period commencing with the effec�ve date of this ordinance, an elected officer, candidate, or commitee may choose to opt-in to the electronic filing system by electronically filing California Fair Poli�cal Prac�ces Commission (FPPC) campaign forms required to be filed with the City Clerk pursuant to Chapter 4 of the Poli�cal Reform Act. Once the elected officer, candidate or commitee has opted-in, all subsequent statements shall be filed electronically to ensure repor�ng con�nuity. An elected officer, candidate, or commitee may opt-out of the electronic filing system by filing original statements in paper format with the City Clerk. Therea�er the elected officer, candidate or commitee shall file all original statements in paper format with the City Clerk.
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(e) Any elected officer, candidate, commitee or other person who has electronically filed a statement, report, or other document using the City Clerk’s online system is not required to file a copy of that statement in paper format with the City Clerk. (f) In any instance in which an original statement, report, or other document must be filed with the Secretary of State and a copy of that statement, report, or other document is required to be filed with the City Clerk, the filer may, but is not required to, file the copy electronically.
(g) If the City Clerk’s system is not capable of accep�ng a statement, an elected officer, candidate, commitee or other person shall file that statement in paper format with the City Clerk.
(h) The City Clerk’s office shall maintain, for a period of at least ten (10) years commencing from the date filed, a secured, official version of each online or electronic statement which shall serve as the official version of that record for purpose of audits. 1-2-115 TITLE OF PUBLIC WORKS DIRECTOR, CITY ENGINEER, SUPERINTENDENT OF STREETS, ET AL.
Notwithstanding the provisions of this Code to the contrary, whenever a func�on, power, obliga�on or liability is imposed upon the office or personage of a public works director, city engineer, superintendent of streets or the like, either by the general laws of the State of California, by the Charter of the City of San Leandro, by this Code or by any administra�ve rules, regula�ons, custom or prac�ce of the City of San Leandro, the City Manager or the City Manager’s designee shall have or exercise such func�on, power, obliga�on or liability and shall be fully vested with the requisite legal authority and exclusive responsibility to have or perform such func�on, power, obliga�on or liability. The City Manager shall, at all �mes, assign an officer or officers of the City to the du�es of a public works director, city engineer and superintendent of streets and such officers shall possess the requisite licenses, registra�ons and qualifica�ons for such du�es. For the authen�ca�on and cer�fica�on of official acts, documents, records and maps, the assigned officers shall use the seal, �tle and emoluments, if any, of the office of a public works director, city engineer or superintendent of streets to the extent required by law.
As used herein, “Public Works Director” shall mean “Public Works Director,” as appropriate to the text.
1-2-120 CITY TREASURER FUNCTION.
Notwithstanding the provisions of this Code to the contrary, whenever a func�on, power, obliga�on or liability is imposed upon the office or personage of a City Treasurer either by the general laws of the State of California, by the Charter of the City of San Leandro, by this Code or by any administra�ve rules, regula�ons, custom or prac�ce of the City of San Leandro, the City Manager’s designee to perform the du�es of the City Finance Director shall have or exercise such func�on, power, obliga�on or liability and shall be fully vested with the requisite legal authority and exclusive responsibility to have or perform such func�on, power, obliga�on DRAFT
or liability. The City Manager shall, at all �mes, assign the Finance Director of the City to the du�es of a City Treasurer, and the Finance Director shall possess the requisite qualifica�ons for such du�es. For the authen�ca�on and cer�fica�on of official acts, documents and records, the Finance Director shall use the seal, �tle and emoluments, if any, of the office of City Treasurer to the extent required by law.
1-2-125 FUNCTIONS OF COMMUNITY DEVELOPMENT DEPARTMENT.
Notwithstanding the provisions of this Code to the contrary, whenever a func�on, power, obliga�on or liability is imposed upon the office of the Community Development Department, either by the general laws of the State of California, by the Charter of the City of San Leandro, by this Code, by an uncodified ordinance or by any administra�ve rules, regula�ons, custom or prac�ce of the City of San Leandro, the City Manager or the City Manager’s designee shall have or exercise such func�on, power, obliga�on or be subject to such liability and shall be fully vested with the requisite legal authority and exclusive responsibility to have or perform such func�on, power, obliga�on or incur such liability. The City Manager shall, at all �mes, assign officers of the City to the du�es of the Community Development Director and such officers shall possess the requisite licenses, registra�ons and qualifica�ons for such du�es.
For the authen�ca�on and cer�fica�on of official acts, documents, records and maps, the assigned officers shall use the seal, �tle and emoluments, if any, of their respec�ve offices. As used herein, “Community Development Director” shall mean Development Services Director, and Planning and Building Director as appropriate to the text. 1-2-127 FUNCTIONS OF LIBRARY DEPARTMENT.
Notwithstanding the provisions of this Code to the contrary, whenever a func�on, power, obliga�on or liability is imposed upon the office of the Library Director, either by the general laws of the State of California, by the Charter of the City of San Leandro, by this Code, by an uncodified ordinance or by any administra�ve rules, regula�ons, custom or prac�ce of the City of San Leandro, the City Manager or the City Manager’s designee shall have or exercise such func�on, power, obliga�on or be subject to such liability and shall be fully vested with the requisite legal authority and exclusive responsibility to have or perform such func�on, power, obliga�on or incur such liability. The City Manager shall, at all �mes, assign officers of the City to the du�es of the Library Director and such officers shall possess the requisite licenses, registra�ons and qualifica�ons for such du�es. For the authen�ca�on and cer�fica�on of official acts, documents, records and maps, the assigned officers shall use the seal, �tle and emoluments, if any, of their respec�ve offices.
1-2-128 FUNCTIONS OF HUMAN RESOURCES DEPARTMENT.
Notwithstanding the provisions of this Code to the contrary, whenever a func�on, power, obliga�on or liability is imposed upon the office of the Human Resources Director, either by the general laws of the State of California, by the Charter of the City of San Leandro, by this Code, by an uncodified ordinance or by any administra�ve rules, regula�ons, custom or prac�ce of the City of San Leandro, the City Manager or the City Manager’s designee shall have or DRAFT
exercise such func�on, power, obliga�on, or be subject to such liability and shall be fully vested with the requisite legal authority and exclusive responsibility to have or perform such func�on, power, obliga�on, or incur such liability. The City Manager shall, at all �mes, assign officers of the City to the du�es of the Human Resources Director and such officers shall possess the requisite licenses, registra�ons and qualifica�ons for such du�es. For the authen�ca�on and cer�fica�on of official acts, documents, records and maps, the assigned officers shall use the seal, �tle and emoluments, if any, of their respec�ve offices. 1-2-129 FUNCTIONS OF FIRE DEPARTMENT.
Notwithstanding the provisions of this Code to the contrary, whenever a func�on, power, obliga�on or liability is imposed upon the office of the Fire Chief, either by the general laws of the State of California, by the Charter of the City of San Leandro, by this Code, by an uncodified ordinance or by any administra�ve rules, regula�ons, custom or prac�ce of the City of San Leandro, and only for the term of any agreement between the City and the Alameda County Fire Department, the Alameda County Fire Chief or designee shall have or exercise such func�on, power, obliga�on, or be subject to such liability. The Alameda County Fire Chief shall be fully vested with the requisite legal authority and exclusive responsibility to have or perform such func�on, power, obliga�on, or incur such liability. The Alameda County Fire Chief shall, at all �mes and pursuant to agreement with the City, assign officers to the former du�es of the San Leandro Fire Chief and his or her subordinate officers, and such officers shall possess the requisite licenses, registra�ons and qualifica�ons for such du�es. For the authen�ca�on and cer�fica�on of official acts, documents, records and maps, the Alameda County Fire Chief and assigned officers shall use the seal, �tle and emoluments, if any, of their respec�ve offices. 1-2-130 FUNCTIONS OF HUMAN SERVICES DEPARTMENT.
Notwithstanding the provisions of this Code to the contrary, whenever a func�on, power, obliga�on or liability is imposed upon the office of the Human Services Director, either by the general laws of the State of California, by the Charter of the City of San Leandro, by this Code, by an uncodified ordinance or by any administra�ve rules, regula�ons, custom or prac�ce of the City of San Leandro, the City Manager or the City Manager’s designee shall have or exercise such func�on, power, obliga�on, or be subject to such liability and shall be fully vested with the requisite legal authority and exclusive responsibility to have or perform such func�on, power, obliga�on, or incur such liability. The City Manager shall, at all �mes, assign officers of the City to the du�es of the Human Services Director and such officers shall possess the requisite licenses, registra�ons and qualifica�ons for such du�es. For the authen�ca�on and cer�fica�on of official acts, documents, records and maps, the assigned officers shall use the seal, �tle and emoluments, if any, of their respec�ve offices. 1-2-131 FUNCTIONS OF RECREATION AND PARKS DEPARTMENT.
Notwithstanding the provisions of this Code to the contrary, whenever a func�on, power, obliga�on or liability is imposed upon the office of the Recrea�on and Parks Director, either by the general laws of the State of California, by the Charter of the City of San Leandro, DRAFT
by this Code, by an uncodified ordinance or by any administra�ve rules, regula�ons, custom or prac�ce of the City of San Leandro, the City Manager or the City Manager’s designee shall have or exercise such func�on, power, obliga�on or be subject to such liability and shall be fully vested with the requisite legal authority and exclusive responsibility to have or perform such func�on, power, obliga�on or incur such liability. The City Manager shall, at all �mes, assign officers of the City to the du�es of the Recrea�on and Parks Director and such officers shall possess the requisite licenses, registra�ons and qualifica�ons for such du�es. For the authen�ca�on and cer�fica�on of official acts, documents, records and maps, the assigned officers shall use the seal, �tle and emoluments, if any, of their respec�ve offices. 1-2-132 FUNCTIONS OF INFORMATION TECHNOLOGY DEPARTMENT.
Notwithstanding the provisions of this Code to the contrary, whenever a func�on, power, obliga�on or liability is imposed upon the office of the Chief Technology Officer, either by the general laws of the State of California, by the Charter of the City of San Leandro, by this Code, by an uncodified ordinance or by any administra�ve rules, regula�ons, custom or prac�ce of the City of San Leandro, the City Manager or the City Manager’s designee shall have or exercise such func�on, power, obliga�on or be subject to such liability and shall be fully vested with the requisite legal authority and exclusive responsibility to have or perform such func�on, power, obliga�on or incur such liability. The City Manager shall, at all �mes, assign officers of the City to the du�es of the Chief Technology Officer and such officers shall possess the requisite licenses, registra�ons and qualifica�ons for such du�es. For the authen�ca�on and cer�fica�on of official acts, documents, records and maps, the assigned officers shall use the seal, �tle and emoluments, if any, of their respec�ve offices.
SECTION 3. CEQA. Approval of this ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQS) Guidelines Sec�on 15061(b)(3) that CEQA only applies to projects that have the poten�al for causing a significant effect on the environment. As a mere text amendment, it can been seen with certainty that there is no possibility that this ordinance will have a significant effect on the environment.
SECTION 4. SEVERABILITY. If any sec�on, subsec�on, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its applica�on to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sec�ons, subsec�ons, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its applica�on to any other person or circumstance. The City Council of the City of San Leandro hereby declares that it would have adopted each sec�on, subsec�on, subdivision, paragraph, sentence, clause, or phrase hereof, irrespec�ve of the fact that any one or more other sec�ons, subsec�ons, subdivisions, paragraphs, sentences, clauses or phrases hereof is declared invalid or unenforceable.
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SECTION 5. EFFECTIVE DATE AND PUBLICATION. This ordinance shall take effect thirty (30) days a�er adop�on. The City Clerk is directed to publish the �tle once and post a complete copy thereof on the City Council Chamber bulle�n board for five (5) days prior to adop�on.
Introduced at a first reading by Councilmember Aguilar on the 20th day of November 2023, by the following vote:
AYES: Councilmembers Aguilar, Azevedo, Ballew, Reynes, Simon, and Mayor González(6) NOTES: None (0)
ABSENT: Councilmember Bowen (1)
Passed and adopted on the 18th of December 2023 a�er publica�on on November 24, 2023 by the following vote:
AYES: ( )
NOTES: ( )
ABSENT: ( )
ATTEST: _________________________________
Kelly B. Clancy, CMC
City Clerk
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