Ordinance Number 1078ORDINANCE NO. 1078
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO AMENDING AND REPEALING
VARIOUS SECTIONS OF CHAPTER 5 OF TITLE 2 OF THE
SAN JUAN CAPISTRANO MUNICIPAL CODE REGARDING
THE CITY CLERK POSITION
WHEREAS, the City of San Juan Capistrano, California ("City") is a municipal
corporation, duly organized under the constitution and laws of the State of California; and
WHEREAS, pursuant to article XI, section 7 of the California Constitution and
Government Code section 37100, the legislative body of a city may pass ordinances not
in conflict with the Constitution and law of the State or the United States; and
WHEREAS, the City Council desires to amend and repeal portions of Chapter 5 of
Title 2, so that the City Clerk reports to the City Manager, with limited oversight by the
City Council; and
WHEREAS, the City Council has reviewed and considered the public testimony
and agenda reports prepared in connection with this ordinance,
WHEREAS, in accordance with the California Environmental Quality Act (Pub.
Resources Code, § 21000 et seq.) ("CEQA") and the State CEQA Guidelines (Cal. Code
Regs., tit. 14, § 15000 et seq.), the City has determined that the revisions to the San Juan
Capistrano Municipal Code are not subject CEQA pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378),
because this Ordinance has no potential for resulting in physical change to the
environment, directly or indirectly.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO DOES ORDAIN AS FOLLOWS:
SECTION 1. The recitals above are each incorporated by reference and adopted
as findings by the City Council.
SECTION 2. Section 2-5.207(c) of the City of San Juan Capistrano Municipal Code
is hereby amended to read, in part, as follows:
"Section 2-5.207. Powers and duties.
As the chief agent and executive officer of the Council the City Manager
shall be the administrative head of the government of the City under the
direction and control of the Council, except as otherwise provided in this
article. He or she shall be responsible for the efficient and effective
administration of all the affairs of the City which are under his control. The
City Manager, whenever possible, shall consult in advance with the Council
01078
concerning all matters of major importance, such as, but not limited to, the
employment and termination of department heads, major municipal
programs, fiscal policies, reorganization or substantive changes in
organizational assignments, and administrative acts which affect the
formulation or implementation of legislative policy. The purpose of such
consultation requirements shall be to fully inform the Council and learn of
its judgment in the matters being considered.
(c) Appointment, removal, and demotion of officers and employees. To
appoint, remove, and demote any and all officers and employees of the City,
except the Gity GIe - the City Attorney, and the City Treasurer. The City
Manager shall also have the power to appoint an Assistant City Manager
subject to the approval of the Council. Any employment action involving the
ointment, removal or demotion of the City Clerk shall be made in
consultation with the City Council rior to any final decision,"
SECTION 3. Section 2-5.211 of the City of San Juan Capistrano Municipal Code
is hereby amended to read as follows:
"Section 2-5.211. Relationship with City Officers.
It shall be the duty of all subordinate officers and the Gity GIeFkT City
Treasurer; and City Attorney to assist the City Manager in administering the
affairs of the City efficiently, economically, and harmoniously so far as may
be consistent with their duties as prescribed by the laws of the City."
SECTION 4. Section 2-5.501 of the City of San Juan Capistrano Municipal Code
is hereby repealed in its entirety as follows:
�T.Zl.
11"W"I 6-111 NO
no.■
QM�Wlm'_IWOJKK!161r�� iiiii
SECTION 5. This ordinance shall take effect 30 days following its adoption.
SECTION 6. The City Clerk shall have this ordinance published in a newspaper of
general circulation within 15 days after its adoption.
SECTION 7. If any provision of this ordinance or its application to any person or
circumstance is held to be invalid, such invalidity has no effect on the other provisions or
applications of the ordinance that can be given effect without the invalid provision or
application, and to this extent, the provisions of this resolution are severable. The City
2 01078
Council declares that it would have adopted this resolution irrespective of the invalidity of
any portion thereof.
SECTION 8. The documents and materials that constitute the record of
proceedings on which this Ordinance and the above findings have been based are
located at San Juan Capistrano City Hall, City Clerk Dept.
APPROVED AND ADOPTED at a regular meeting of the City Council of the City of
San Juan Capistrano this 7th day of April 2020.
-eY A. B�DUPNE, MAYOR
ATTEST:
r�
MARIA MORRIS, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, City Clerk of the City of San Juan Capistrano, do hereby certify that
the foregoing is a true and correct copy of Ordinance No. 1078 which was regularly
introduced and placed upon its first reading at the Regular Meeting of the City Council on
the 17th day of March 2020 and that thereafter, said Ordinance was duly adopted and
passed at the Regular Meeting of the City Council on the 7th day of April 2020 by the
following vote, to wit:
AYES: COUNCIL MEMBERS: Farias, Maryott, Taylor and Mayor Bourne
NOES COUNCIL MEMBERS: Reeve
ABSENT: COUNCIL MEMBERS: None
MARIA M KRIS, CITY CLERK
01078
STATE OF CALIFORNIA )
COUNTY OF ORANGE j ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano;
That in compliance with State laws, Government Code section 36933(1) of the State of
California, on the 18th day of March 2020, at least 5 days prior to the adoption of the
ordinance, I caused to be posted a certified copy of the proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO AMENDING AND REPEALING VARIOUS SECTIONS OF
CHAPTER 5 OF TITLE 2 OF THE SAN JUAN CAPISTRANO MUNICIPAL
CODE REGARDING THE CITY CLERK POSITION
This document was posted in the Office of the City GI rk
MARIA MORRIS, CITY CLERK
San Juan Capistrano, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano;
that in compliance with State laws, Government Code section 36933(1) of the State of
California.
On the 8th day of April 2020, 1 caused to be posted a certified copy of Ordinance No.
1078, adopted by the City Council on April 7, 2020, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO AMENDING AND REPEALING VARIOUS SECTIONS OF
CHAPTER 5 OF TITLE 2 OF THE SAN JUAN CAPISTRANO MUNICIPAL
CODE REGARDING THE CITY CLERK POSITION
This document was posted in the Office of the Ci Clerk
Ci
MARIA MORRIS, CITY CLERK
San Juan Capistrano, California
4 01078