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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