HomeMy WebLinkAboutItem No. 13 Ord Amend LEMC Duties of the City Manager, Dir of Finance, City Clerk and Purch OfficerText File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 19-052
Agenda Date: 3/12/2019 Status: Approval FinalVersion: 1
File Type: ReportIn Control: City Council / Successor Agency
Agenda Number: 13)
Page 1 City of Lake Elsinore Printed on 3/7/2019
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Grant Yates, City Manager
Prepared by: Barbara Leibold, City Attorney
Date:March 12, 2019
Subject:ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, AMENDING CHAPTERS 2.04, 2.12,
2.38, 3.08, 5.16, 5.60 AND 5.88 OF THE LAKE ELSINORE
MUNICIPAL CODE (LEMC) REGARDING THE DUTIES OF THE
CITY MANAGER, DIRECTOR OF FINANCE, CITY CLERK, AND
PURCHASING OFFICER
Recommendation
Introduce by title only and waive further reading an ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTERS 2.04, 2.12,
2.38, AND 3.08 OF THE LAKE ELSINORE MUNICIPAL CODE (LEMC) REGARDING THE
DUTIES OF THE CITY MANAGER, DIRECTOR OF FINANCE, CITY CLERK, AND
PURCHASING OFFICER.
Background
Based upon direction from the City Council, staff has modified the LEMC to address the
duties of the City Manager, Director of Finance, City Clerk, and Purchasing Officer.
Discussion
Chapter 2.04 of the LEMC addresses the office of the City Manager. Section 2.04.030 sets
forth the powers and duties of the City Manager.
Subparagraph C provides that the City Manager has control over all department heads,
subordinate officers and employees of the City except the City Clerk, City Treasurer, and
City Attorney. The proposed amendment would remove the exception for the City Clerk.
Subparagraph G allows the City Manager to appoint, remove, promote, or demote all
officers and employees except the City Attorney, City Treasurer, and City Clerk. The
proposed amendment would also remove the exception for the City Clerk.
Chapter 2.12 establishes the office and duties of the Director of Finance. The proposed
amendment sets forth the Government Code sections under which the Director of Finance
has his powers and provides that he is appointed by the City Manager. The amendment
Ordinance Regarding Duties
March 12, 2019
Page 2 of 2
further sets forth the powers and duties of the Director of Finance and states that he shall
provide a corporate surety bond to be approved by the City Council.
Chapter 2.38 establishes the office and duties of the City Clerk. The proposed amendment
provides that the City Clerk shall be appointed by and serve at the pleasure of the City
Manager and is subject to all applicable personnel rules and regulations. The amendment
further provides that in the event of unavailability or incapacity of the City Clerk, the City
Manager may appoint an acting City Clerk.
Three sections under Chapter 3.08 are proposed to be amended. Section 3.08.020, which
establishes the position of Purchasing Officer, would be amended to provide the Purchasing
Officer with the authority to adopt operational procedures relating to the execution of his
duties (subparagraph J). In addition, sections 3.08.220 (Bid opening procedures) and
3.05.325 (Proposal opening procedures) would be amended to provide that sealed bids and
sealed proposals shall be submitted to the Purchasing Officer rather than the City Clerk.
Proposed amendments to Section 5.16.010 would provide for business license applications
to be submitted to the Director of Finance instead of the City Clerk and amendments to
Section 5.60.050 delete reference to the City Clerk in connection with the payment of the
annual franchise fee for community antenna Television Systems.
Lastly, Sections 5.88.060 and Section 5.88.070 substitutes the Director of Community
Services for the City Clerk in connection with the satisfaction of conditions to an outdoor
festival license consistent with existing practice.
Fiscal Impact
None.
Attachments:
Ordinance No. 2019-_____.
ORDINANCE NO. 2019 – ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
AMENDING CHAPTERS 2.04, 2.12, 2.38, AND 3.08, 5.16, 5.60 AND 5.88 OF THE
LAKE ELSINORE MUNICIPAL CODE (LEMC) REGARDING THE DUTIES OF THE
CITY MANAGER, DIRECTOR OF FINANCE, CITY CLERK AND PURCHASING
OFFICER
Whereas,the City Council of the City of Lake Elsinore desires to revise and clarify certain
duties of its City’s officers in order to facilitate the orderly and efficient administration of City
business.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES
ORDAIN AS FOLLOWS:
Section 1. LEMC Chapter 2.04, City Manager, Section 2.04.030, Powers and Duties –
Designated, Paragraphs C and G, are hereby amended and restated in their entirety as follows:
C. To control, order and give directions to all heads of departments, subordinate
officers and employees of the City, except the City Treasurer and City Attorney;
and to transfer employees from one department to another; and to consolidate or
combine offices, positions, departments or units under his direction;
G. To appoint, remove, promote or demote any officers and employees of the
City except the City Attorney and City Treasurer. The services and facilities of the
City Attorney and the City Treasurer shall be made available to the City Manager
to the same extent, in the same manner and to the same effect they are available
to the City Council;
Section 2. LEMC Chapter 2.12, Director of Finance, is hereby amended and restated in its
entirety as follows:
Chapter 2.12
DIRECTOR OF FINANCE
2.12.010. Office created.
There is created and established the office of Director of Finance for the
purposes of Government Code Sections 37208, 37209, and 40802 through
40805.5.
2.12.020 Appointment.
The Director of Finance shall be appointed by and serve at the pleasure of the
City Manager.
Ord. No. 2019 – _____
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2.12.030 Compensation.
The Director of Finance shall receive such compensation and expense allowance
as the City Manager shall determine subject to all applicable personnel rules and
regulations, which may be adopted by the City Council.
2.12.040 Transfer of duties.
Upon appointment and assumption of office, the Director of Finance shall
perform all the financial and accounting duties previously imposed upon the City
Clerk, and the City Clerk shall be relieved of such duties, including all such duties
imposed upon the City Clerk by Government Code Sections 40802 through
40805, and including all such duties imposed upon the City Clerk by Section
37208 of the Government Code with respect to the prepayment of demands.
2.12.050 Additional powers and duties.
In addition to the financial and accounting duties as prescribed by the
Government Code of the State of California, the Director of Finance shall have
such powers and duties as may be prescribed in a job classification report which
has heretofore been adopted, a copy of which is in the office of the City Manager
and City Clerk.
2.124.060 Bond requirement.
The Director of Finance shall furnish a corporate surety bond to be approved by
the City Council in the same amount as that required of the City Clerk, and it
shall be conditioned upon the satisfactory performance of the duties imposed
upon the Director of Finance by statute, ordinance, or resolution. Any premium
for such bond shall be a proper charge against the City of Lake Elsinore.
Section 3. LEMC Chapter 2.38, City Clerk, is hereby amended and restated in its entirety as
follows:
Chapter 2.38
CITY CLERK
2.38.010. Office created.
There is created and established the office of City Clerk for the purposes of
Government Code Section 36501.
2.38.020 Appointment.
The City Clerk shall be appointed by and serve at the pleasure of the City
Manager.
Ord. No. 2019 – _____
Page 3 of 7
2.38.030 Compensation.
The City Clerk shall receive such compensation and expense allowance as the
City Manager shall determine subject to all applicable personnel rules and
regulations, which may be adopted by the City Council.
2.38.040 Powers and duties.
The City Clerk shall have the power and be required to:
A. Attend all meetings of the City Council, unless excused, and record and
maintain a full and true record of all of the proceedings of the City Council in
books which shall bear appropriate titles and be devoted to such purposes. Such
book shall have a general index sufficiently comprehensive to enable a person
readily to ascertain matters contained therein;
B. Maintain ordinance and resolution books into which shall be recorded all City
ordinances and resolutions with the certificate of the City Clerk annexed to each
thereof stating the same to be the original or a correct copy, giving the number of
said ordinance or resolution and, as to an ordinance or resolution requiring
publication, stating that the same has been published or posted in accordance
with applicable law;
C. Be the custodian of the seal of the City;
D. Be the custodian of the records of the City;
E. Administer oaths or affirmations, take affidavits and depositions pertaining to
the affairs and business of the City and certify copies of official records; and
F. Perform such other duties as set forth in this Lake Elsinore Municipal Code
and as may be prescribed from time to time by the City Manager consistent with
this chapter and applicable law.
2.38.050 Acting City Clerk.
In the event of the unavailability or incapacity of the City Clerk, the City Manager
may appoint an Acting City Clerk who shall have the duties and powers of the
City Clerk.
Section 4. LEMC Chapter 3.08, General Provisions, Section 3.08.020, Purchasing Officer –
Office created, is hereby amended and restated in its entirety as follows:
3.08.020 Purchasing Officer – Position created.
There is created the position of Purchasing Officer. The Purchasing Officer shall
be responsible and have general supervision of the purchasing function. The
duties of the Purchasing Officer shall be combined with those of the Director of
Administrative Services. The Purchasing Officer shall have the authority to:
Ord. No. 2019 – _____
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A. Procure or supervise the procurement of supplies and equipment required by
the City at least expense to the City.
B. Negotiate and recommend execution of contracts or purchase orders for the
purchase of supplies and equipment;
C. Administer contracts with vendors in cooperation with the departments using
supplies and equipment;
D. Endeavor to obtain as full and open competition as possible on all purchases;
E. Keep informed of current developments in the field of purchasing, prices,
market conditions and new products;
F. Prescribe and maintain such forms as reasonably necessary to the operation
of this chapter and other rules and regulations;
G. Coordinate the inspection of all supplies and equipment purchased to insure
conformance with specifications;
H. Recommend the transfer of surplus or unused supplies and equipment
between departments as needed and the sale of supplies and equipment which
cannot be used by any department or which becomes unsuitable for City use;
and
I. Maintain a bidder’s list, vendor’s catalog file and records needed for the
efficient operation of purchasing functions.
J. Adopt operational procedures relating to the execution of any of the above
duties and responsibilities.
Section 5. LEMC Chapter 3.08, General Provisions, Section 3.08.220, Bid Opening
Procedures, is hereby amended and restated in its entirety as follows:
3.08.220 Bid opening procedure.
Sealed bids shall be submitted to the Purchasing Officer or designee and shall
be identified as bids on the envelope. It is the responsibility of the bidder to
ensure receipt of the bid document by the Purchasing Officer by the designated
hour. Bids shall be opened in public at the time and place stated in the public
notice. A tabulation of all bids received shall be open for public inspection during
regular business hours for a period of not less than 30 days after the bid opening.
Section 6. LEMC Chapter 3.08, General Provisions, Section 3.08.325, Proposal Opening
Procedures, is hereby amended and restated in its entirety as follows:
3.08.325 Proposal opening procedure.
Sealed proposals shall be submitted to the Purchasing Officer or designee and
shall be identified as proposals on the envelope. It is the responsibility of the
proposer to ensure receipt of the bid document by the Purchasing Officer by the
Ord. No. 2019 – _____
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designated hour. Proposals shall be opened in public at the time and place
stated in the public notice. A tabulation of all proposals received shall be open
for public inspection during regular business hours for a period of not less than
30 days after the proposal opening.
Section 7. LEMC Chapter 5.16, Business License – Fees, Section 5.16.010, License –
Application – Issuance, is hereby amended and restated in its entirety as follows:
5.16.010 License – Application – Issuance.
Every person required to have a license under the provisions of this chapter shall
make application for the same to the Director of Finance, and, upon the payment
of the prescribed tax, the City shall issue to such person a license which shall
contain:
A. The name of the person to whom the license is issued;
B. The business license number;
C. The place where such business is to be transacted and carried on;
C. The date of expiration of the license; and
D. Such other information as may be necessary for the enforcement of the
provisions of this chapter.
Section 8. LEMC Chapter 5.60, Community Antenna Television Systems, Section 5.60.050.B,
Franchise payments, is hereby amended and restated in its entirety as follows:
5.60.050 Franchise payments.
B. Annual Franchise Fee. The grantee of any franchise shall pay annually to the
City during the life of such franchise no more than five percent of the gross
receipts of the grantee derived from subscribers within the City. The City Council
shall have the power of setting the amount of the annual franchise fee at the time
of the granting of any such franchise.
Section 9. LEMC Chapter 5.88, Outdoor Festivals, Section 5.88.060, License – Application –
Consideration by City Council, is hereby amended and restated in its entirety as follows:
5.88.060 License – Application – Consideration by City Council.
Based upon the testimony of the witnesses and evidence presented at said
hearing, including the report of said department heads, the City Council shall
grant the license, deny the license, or set conditions which must be met, or
security given that they will be met, before a license may be granted. If conditions
are imposed by the City Council, the applicant shall furnish, or cause to be
furnished, to the Director of Community Services proof that all conditions have
been met before the license may be issued.
Ord. No. 2019 – _____
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Section 10. LEMC Chapter 5.88, Outdoor Festivals, Section 5.88.070, License – Issuance –
Transferability, is hereby amended and restated in its entirety as follows:
5.88.070 License – Issuance – Transferability.
When the Director of Community Services certifies that all conditions have been
met and the Director of Finance certifies that the applicant has paid City the
amount of $200.00 per day of operation or such other amount as specified by
Resolution of the City Council, the City shall issue a license specifying the name
and address of the licensee, the kind of festival licensed and the number of days’
operation authorized. The licensee shall keep said license posted in a
conspicuous place upon the premises at which the festival is conducted. No
license issued pursuant to this chapter shall be transferable or removed to
another location.
Section 11. Severability.If any provision of this Ordinance or its application is held invalid
by a court of competent jurisdiction, such invalidity shall not affect other provisions, sections, or
applications of the Ordinance which can be given effect without the invalid provision or
application, and to this end each phrase, section, sentence, or word is declared to be severable.
Section 12. Effective Date.This Ordinance shall become effective at 12:01 a.m. on the
thirty-first (31st) day after the date of adoption.
Section 13. Certification.The Deputy City Clerk shall certify to the passage of this Ordinance
and shall cause a synopsis of the same to be published according to law.
Passed and Adopted on this _____day of __________, 2019.
Steve Manos
Mayor
Attest:
Mark Mahan,
Deputy City Clerk
Ord. No. 2019 – _____
Page 7 of 7
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Mark Mahan, Deputy City Clerk of the City of Lake Elsinore, do hereby certify that the
foregoing Ordinance No. 2019-_____ was introduced at the Regular meeting of March 12,
2019, and adopted by the City Council of the City of Lake Elsinore at its Regular meeting of
________, 2019, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
I further certify that said Synopsis was published as required by law in a newspaper of general
circulation in the City of Lake Elsinore, California on the _____day of __________, 2019, and
on the ______day of _________, 2019.
Mark Mahan
Deputy City Clerk