Local Government

CITY OF CLEARLAKE

ORDINANCE NO. 153-2012

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLEARLAKE
REPEALING SECTION 2-3 OF CHAPTER 2 OF THE
CITY OF CLEARLAKE MUNICIPAL CODE AND
RE-ENACTING SECTION 2-3 OF CHAPTER
REGARDING THE POSITION OF CITY MANAGER


    
    THE CITY COUNCIL OF THE CITY OF CLEARLAKE DOES HEREBY ORDAIN AS FOLLOWS:

    Section 1.  Section 2.3 of Chapter 2 of the Clearlake Municipal Code is hereby repealed.

    Section 2.  Section 2.3 of Chapter 2 is hereby added to the Clearlake Municipal Code to read as follows:

Chapter 2, Section 2-3        CITY MANAGER

2-3.1    Position Created.  The office of the City Manager is created and established.  The City Manager shall be appointed by the City Council wholly on the basis of his or her administrative and executive ability and qualifications and shall hold office at the pleasure of the City Council.

    2-3.2    References to Administrator.   Whenever the words “Administrator” or “City Administrator” appear in existing ordinances, they shall be deemed to mean and refer to the City Manager, and all ordinances not expressly repealed by this ordinance and not inconsistent with the provisions of this ordinance, referring to or respecting the rights, duties, powers and obligations of the Administrator, are continued in full force and effect.  In instances where ordinances not expressly repealed by this ordinance are inconsistent with the provisions of this ordinance, this ordinance shall prevail.

    2-3.3    Eligibility.  No person elected as a member of the City Council of the City of Clearlake shall, subsequent to such election, be eligible for appointment as City Manager until one year has elapsed after such City Council member shall have ceased to be a member of the City Council.

    2.3.4    Residence.  Residence in the City at the time of appointment of a City Manager shall be required as a condition of employment.

    2-3.5    Compensation.  The City Manager shall receive such salary and benefits as set forth in an employment agreement between the City and City Manager.

    2-3.6    Expense Allowance.  The City Manager shall be reimbursed for all actual and necessary expenses incurred when traveling on business pertaining to the City as set forth in an employment agreement.

    2-3.7    Powers and Duties. The City Manager shall be the administrative head of the government of the City under the direction and control of the City Council, except as otherwise provided in this chapter, by law or by direction of the City Council.  The City Manager shall be responsible for the efficient administration of all of the affairs of the City that are under his or her control.  In addition to the general powers as administrative head, the City Manager shall have the following specific duties, responsibilities and powers:

A. To enforce all laws and ordinances of the City and to see that all franchises, contracts, permits and privileges granted by the City Council are faithfully observed;

B. To control, order and give directions to all department heads and to subordinate officers and employees of the City under his or her jurisdiction through their department heads;

C. To appoint, promote, demote and remove all officers and employees of the City, excepting elective officers and the City Attorney;

D. To establish an organizational structure of offices, departments, positions and units within the City as may be indicated in the interest of efficient, effective and economical conduct of the City’s business;

E. To recommend to the City Council the adoption of such ordinances and resolutions as deemed necessary or appropriate;

F. To attend all meetings of the City Council or provide for a designated representative;

G. To prepare and submit the proposed annual budget to the City Council for its approval;

H. To be responsible for purchasing pursuant to the provisions of Chapter 3-4 of the Clearlake Municipal Code for all the departments of the City;

I. To approve agreements for contractual services in accordance with administrative policies adopted by the City Council, or as defined in the Clearlake Municipal Code and which shall, among other things, establish the maximum compensation that may be provided for in an such agreement;

J. To investigate, when necessary, the affairs of the City and any department or division thereof and any contract obligation of the City; further, it shall be the duty of the City Manager to investigate all complaints in relation to matters concerning the administration of the City government.

K. To exercise general supervision over all public buildings, public parks and all other public properties which are under the control and jurisdiction of the City Council;

L. To perform such other duties and exercise such other powers as may be delegated to the City Manager from time to time by ordinance or resolution or other official action of the City Council.

2-3.8    Relations with City Council.   The City Council and its members shall deal with the administrative services of the City only through the City Manager and neither the City Council nor any member thereof shall give orders to any subordinates of the City Manager, except that this limitation and prohibition does not apply to the City Council’s relations with the City Attorney.  No individual Councilmember shall give any orders or instructions to the City Manager.  The City Council shall instruct the City Manager in matters of policy.  Any action, determination or omission of the City Manager shall be subject to review by the City Council.

    2-3.9    Department Cooperation.  It shall be the duty of all subordinate officers and the City Attorney to assist the City Manager in administering the affairs of the City efficiently, economically and harmoniously.

    2-3.10    Attendance at Commission Meetings.  In the absence of a Planning Director, the City Manager shall attend any and all meetings of the Planning Commission, and may attend any other commission, board or committee created by the City Council upon his or her own volition or upon direction of the City Council.  If the position of Planning Director is filled, the City Manager may attend any and all meetings of the Planning Commission.  At such meetings which the City Manager attends, he or she shall be heard by such commission, board or committee as to all matters upon which he or she wishes to address the members thereof.  The city Manager shall inform such members as to the status of any matter being considered by the City Council, and he or she shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the City Council.     

    2-3.11    Exemption from Personnel Rules.  The City Manager is exempt from the city’s Personnel Rules, as he/she is employed at the pleasure of the City Council.  In addition, there is no right to appeal any disciplinary action imposed by the City Council

    2-3.12    Removal.  The City Manager may be removed from his or her position in accordance with this section.  

A. The City Manager shall at all time serve at the pleasure of the city Council and, subject to the provisions below, may be removed form office at any time with a three-fifths vote of the City Council, with or without cause.

B. The removal of the City Manager shall be effected only by the City Council and shall be done in accordance with all applicable laws and ordinances and in compliance with the City Manager’s employment agreement.

C. The City Manager shall not be removed from office, nor shall notice of removal be determined, during or within a period of ninety days next succeeding any municipal election held in the City at which a member of the City Council is elected.  The purpose of this provision is to allow any newly elected member of the City Council or a reorganized City Council to observe the actions and ability of the City Manger in the performance of the office of City Manager.

2-3.13    Agreement with Council Not Limited.  Nothing in this chapter shall be construed as a limitation on the power or authority of the City Council to enter into any agreement with the City Manager delineating additional terms and conditions of employment.  The terms and conditions of any employment agreement may be inconsistent with, and supersede, this chapter only if expressly provided for in the agreement.

    Section 3.  If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.

The City Council hereby declares that it would have passed this and each section, subsection, phrase or clause thereof irrespective of the fact that nay one or more sections, subsections, phrases or clauses be declared unconstitutional on their face or as applied.

Section 4.  Effective date.  The effective date of this Ordinance is thirty (30) days after its adoption by the City Council.

Introduced and read at a regular meeting of the City Council of the City of Clearlake on the 28th day of June, 2012 and adopted at a regular meeting therefore held on the 12th day of July, 2012.

AYES:    Mayor Luiz, Vice Mayor Spittler, Council Members Overton, Thein, and Giambruno

NOES:        None

ABSENT OR NOT VOTING:     None


____________________________________
Joey Luiz, Mayor


ATTEST:

_______________________________________
Melissa Swanson
City Clerk

ORDINANCE NO. 156-2012

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLEARLAKE ADDING CHAPTER 5-11 TO THE CLEARLAKE MUNICIPAL CODE REGULATING SMOKING IN PARKS AND CERTAIN PUBLIC PLACES

The City Council of the City of Clearlake, State of California does hereby ordain as follows:

SECTION 1.      DECLARATION OF INTENT

The City Council of the City of Clearlake does hereby find, determine and declare that:

WHEREAS, smoking-related diseases claim an estimated 438,000 deaths in the U.S. each year are from smoking-related illnesses and cigarette smoking has been identified as the most important source of preventable morbidity and premature mortality worldwide; and

WHEREAS, according to the American Lung Association, about 8.6 million people in the United States have at least one serious illness caused by smoking; and

WHEREAS, smoking harms not just the smoker, but also family members, coworkers and others who breathe the smoker’s cigarette smoke, called secondhand smoke; and

WHEREAS, secondhand smoke, also known as environmental tobacco smoke (ETS), is a mixture of the smoke given off by the burning end of a cigarette, pipe or cigar and the smoke exhaled from the lungs of smokers. ETS is involuntarily inhaled by nonsmokers and can cause or exacerbate a wide range of adverse health effects, including cancer, respiratory function, asthmatics, and those with obstructive airway disease; and

WHEREAS, studies have shown that breathing environmental tobacco smoke can be a significant health hazard for several populations, including elderly people and children, individuals with cardiovascular disease, individuals with impaired respiratory function, asthmatics, and those with obstructive airway disease; and

WHEREAS, infants and young children are especially susceptible to secondhand smoke as their lungs are still developing and childhood exposure to secondhand smoke results in decreased lung function; and

WHEREAS, the current Surgeon General Report states that there is no risk-free level of secondhand smoke exposure; and

WHEREAS, smoking is a potential cause of fires; and

WHEREAS, discarding cigarettes, cigarette butts, tobacco, and used matches onto the grounds of public parks is unsightly, unclean, and particularly hazardous to small children who handle and sometimes ingest them; and

WHEREAS, Section 118910 and 118940 of the Health and Safety Code of the State of California permit the city to regulate smoking in any manner not inconsistent with the California Indoor Clean Air Act of 1976; and

WHEREAS, Section 104495 of the Health and Safety Code of the State of California (effective January 1, 2002), prohibiting smoking within 25 feet of a “playground” or “tot lot sandbox area” does not preempt the authority of a city to regulate smoking around playgrounds and permits cities to enact more restrictive local regulations prohibiting smoking around parks and playgrounds; and

WHEREAS, the current Clearlake Municipal Code does not contain any provisions related to smoking;

NOW THEREFORE, the City Council has determined that banning smoking and the improper disposal of tobacco products in City parks and limitation of smoking in certain public areas is necessary to protect the health, safety and welfare of Clearlake residents and visitors.

SECTION 2.    Chapter 5-11 of the Clearlake Municipal Code, is hereby added to read as follows:

5-11    SMOKING PROHIBITED IN PARKS AND CERTAIN PUBLIC PLACES

5-11.1.        Definitions
5-11.2.        Prohibitions
5-11.3    .    Disposal of Smoking Waste
5-11.4    .    Enforcement and Penalties
5-11.5    .    Threats
5-11.6    .    Signs

5-11.1        Definitions

The following words and phrases, as used in this chapter or any other applicable law regulating smoking, shall have the following meanings:

A.    Smoke or Smoking.  The carrying or holding of a lighted cigarette, cigar, pipe or any other lighted smoking product or equipment used to burn any tobacco products, weeds, plant, or any other combustible substance.  Smoking includes emitting or exhaling the fumes of any cigarette, cigar, pipe, or any other lighted smoking product or equipment used to burn any tobacco products, weeds, plant, or any other combustible substance.

B.    Tobacco Product.  Any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, or any preparation of tobacco.

C.    Park.  Those facilities owned or controlled by the City of Clearlake as designated in the City’s General Plan or by action of the City Council.  Park shall include playgrounds, picnic, and seating areas, grass and landscaped areas, structures and buildings, piers and docks, sidewalk and ramps, and all other areas commonly used for park and recreation activities.  Future park facilities of the City designated in the General Plan or by action of the City Council as a park, playground, or recreational facility shall also be included in the definition of “Park” without further amendment of this section.

D.    Business.  Any sole proprietorship, joint venture, corporation, or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered.

5-11.2        Prohibitions

A.    No person shall smoke or be in possession of a burning tobacco product, including, but not limited to cigarettes and cigars, within the boundaries of any City Park, playground, or recreation center.

5-11.3        Disposal of Smoking Waste

No person shall dispose of any unlighted cigarette, cigar, or tobacco, or any part of a cigarette or cigar in any place where smoking is prohibited under this Chapter, except in a designated waste disposal container.

5.11.4        Enforcement and Penalties

A.    Enforcement of this chapter shall be implemented by the City Manager or his/her designee.

B.    A violation of this Section is an infraction.

C.    Punishment under this section shall not preclude punishment pursuant to Health and Safety Code Section 13002, Penal Code Section 374.4, or any other law proscribing the act of littering.  Nothing in this section shall preclude any person from seeking any other remedies, penalties, or procedures provided by law.

5-11.5        Threats.

No person shall intimidate, threaten any reprisal, or effect any reprisal for the purpose of retaliating against another person who seeks to obtain compliance with this Section.

5-11.6        Signs.

A.    Signs which designate no smoking areas established in accordance with this Chapter shall be clearly, sufficiently, and conspicuously posted in places covered by this Chapter.

B.    Signage shall contain all capital lettering not less than one inch in height, on a contrasting background.  Signs of similar size containing the international “no smoking” symbol consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it may be used in addition to or in lieu of any signs required herein.

Section 3.  If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.

The City Council hereby declares that it would have passed this and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases or clauses be declared unconstitutional on their face or as applied.

SECTION 4.        EFFECTIVE DATE:

The effective date of this Ordinance is thirty (30) days after its adoption by the City Council.

Passed and adopted this 12th day of July, 2012 by the following vote:

AYES:        Mayor Luiz, Vice Mayor Spittler, Council Members Thein, Overton, and Giambruno

NOES:        None

ABSENT OR NOT VOTING:    None

_________________________                                     
Joey Luiz, Mayor, City of Clearlake

ATTEST:


_______________________________
City Clerk, City of Clearlake

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