HomeMy WebLinkAboutCC 2025-08-26_11a Ordinance Amending Various Sections of the AGMCItem 11.a.
MEMORANDUM
TO: City Council
FROM: Jessica Matson, Director of Legislative & Information Services/
City Clerk
SUBJECT: Introduction of an Ordinance Amending Various Sections of Title 2
(Administration and Personnel) of the Arroyo Grande Municipal Code
DATE: August 26, 2025
RECOMMENDATION:
1) Introduce an Ordinance amending Section 2.08.030, 2.16.020, 2.17.040, 2.30.020,
2.30.030, and 2.34.010 of Title 2 (Administration and Personnel) of the Arroyo Grande
Municipal Code (AGMC); and
2) Find that the Ordinance is not subject to the California Environmental Quality Act
(“CEQA”) because these efforts have no potential to result in either a direct, or reasonably
foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§
15060 (c)(2) and (3), 15378).
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no impact on financial and personnel resources as this is an administrative
“cleanup” of certain sections of the AGMC.
BACKGROUND:
On October 28, 2003, the City Council adopted Ordinance No. 5471 amending Title 2
(Administration and Personnel) of the AGMC to add Chapter 2.34.010 establishing the
appointment and removal of the Chief of Police by the City Manager with confirmation of
the City Council.
In 2009, the City undertook a major restructuring of City departments as part of the Fiscal
Year 2009-10 Budget process. On February 26, 2013, the City Council adopted
Ordinance No. 6502 amending Title 2 (Administration and Personnel) of the Arroyo
Grande Municipal Code to reflect the 2009 restructuring.
1 http://weblink.arroyogrande.org/WebLink/ElectronicFile.aspx?docid=5288&dbid=0&repo=ArroyoGrande
2
http://weblink.arroyogrande.org/WebLink/ElectronicFile.aspx?docid=104382&dbid=0&repo=ArroyoGrande
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Item 11.a.
City Council
Introduction of an Ordinance Amending Various Sections of Title 2
(Administration and Personnel) of the Arroyo Grande Municipal Code
August 26, 2025
Page 2
In 2021, the City undertook another restructuring of City departments as part of the Fiscal
Years 2021-23 Biennial Budget and again in 2023 as part of the Fiscal Years 2023-25
Biennial Budget.
The City Clerk and City Attorney intend to maintain a running list of Municipal Code
provisions that are known to be outdated or obsolete, or that contain typographical errors.
In the interest of efficient use of staff time and financial resources, these non-substantive
changes are intended to be gathered into an omnibus ordinance along with other
amendments not warranting stand-alone ordinances and presented to Council no more
than once per year.
ANALYSIS OF ISSUES:
The proposed amendments in Title 2 include:
Removing the language requiring the City Manager to reside in the city to be
consistent with State law.
Amending the functions and duties of the Administrative Services Department
including the addition of Information Technology duties due to the reorganization
in 2021 and the removal of Human Resources duties due to the reorganization in
2023 moving this function to the City Manager’s Office.
Removing the Engineering Division function from the Community Development
Department due to the reorganization in 2023.
Amending the functions of the Public Works Department and the duties of the
Director of Public W orks to reflect current functional areas of responsibility
including the addition of the Engineering Division due to the reorganization in 2023.
Removing the language regarding City Council confirmation of the City Manager’s
appointment or removal of the Chief of Police. By inclusion of this Section
2.34.010, as amended, the City Council is delegating that hiring authority to the
City Manager consistent with the City Manager’s appointments of other
Department Heads.
The proposed Ordinance (Attachment 1) provides amendments to Sections 2.08.030,
2.16.020, 2.17.040, 2.30.020, 2.30.030, and 2.34.010.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Introduce the Ordinance;
2. Modify and introduce the Ordinance; or
3. Provide other direction to staff.
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Item 11.a.
City Council
Introduction of an Ordinance Amending Various Sections of Title 2
(Administration and Personnel) of the Arroyo Grande Municipal Code
August 26, 2025
Page 3
ADVANTAGES:
The advantage of the proposed Ordinance ensures Code consistency with current City
organizational structure and practices.
DISADVANTAGES:
No disadvantages are identified.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item. An Ordinance making administrative
updates to Title 2 of the AGMC is not subject to the California Environmental Quality Act
(“CEQA”) because these efforts have no potential to result in either a direct, or reasonably
foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§
15060 (c)(2) and (3), 15378).
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
ATTACHMENTS:
1. Proposed Ordinance
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ATTACHMENT 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE AMENDING SECTIONS 2.08.030, 2.16.020, 2.17.040,
2.30.020, 2.30.030, AND 2.34.010 OF TITLE 2 (ADMINISTRATION AND
PERSONNEL) OF THE ARROYO GRANDE MUNICIPAL CODE
WHEREAS, on October 28, 2003, the City Council adopted Ordinance No. 547
amending Title 2 (Administration and Personnel) of the Arroyo Grande Municipal Code
to add Chapter 2.34.010 establishing the appointment and removal of the Chief of Police
by the City Manager with confirmation of the City Council; and
WHEREAS, in June 2009, the City Council adopted the Fiscal Year 2009-10 Budget
which affected organizational changes that occurred as a result of a major restructuring
of City departments; and
WHEREAS, on February 26, 2013, the City Council adopted Ordinance No. 650
amending Title 2 (Administration and Personnel) of the Arroyo Grande Municipal Code
to reflect the 2009 restructuring; and
WHEREAS, in June 2021, the City Council adopted the Fiscal Years 2021-23 Biennial
Budget which again affected organizational changes that occurred as a result of another
restructuring of City departments; and
WHEREAS, the City Council now desires to amend Sections 2.08.030, 2.16.020,
2.17.040, 2.030.020, 2.30.030, and 2.34.010 of the Arroyo Grande Municipal Code as
described below.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES
ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The recitals above are true and correct and are incorporated
herein by reference and adopted as findings by the City Council.
SECTION 2. CEQA Compliance. The City Council finds that the recommended actions
to make administrative amendments in Title 2 of the Arroyo Grande Municipal Code
(“AGMC”) are not subject to the California Environmental Quality Act (“CEQA”) because
these efforts have no potential to result in either a direct, or reasonably foreseeable
indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060 (c)(2)
and (3), 15378). Alternatively, the organizational changes made by the amendments to
Title 2 of the AGMC by this Ordinance are not a project under CEQA because such
changes constitute organizational or administrative activities of a government that will
not result in direct or indirect physical changes in the environment. (State CEQA
Guidelines § 15378(b)(5).)
SECTION 3. Amendment. Section 2.08.030, Residence, of the Arroyo Grande
Municipal Code is deleted in its entirety.
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ORDINANCE NO.
PAGE 2
SECTION 4. Amendment. Section 2.16.020, Functions and duties, of the Arroyo
Grande Municipal Code is hereby amended to read in its entirety as follows:
Section. 2.16.020 Functions and duties.
The Administrative Services Department shall be responsible for the entire financial,
accounting, and information technology operations of the City, including, but not
necessarily limited to, the receipt, disbursement and deposit in the treasury of all city
moneys, assistance in the preparation of the City budget, maintenance of all accounting
procedures and records, centralized purchasing for all City departments, and any other
duties and responsibilities that may be assigned by the City Manager, Council or state
laws.
SECTION 5. Amendment. Section 2.17.040, Community development department,
engineering division, of the Arroyo Grande Municipal Code is deleted in its entirety.
SECTION 6. Amendment. Section 2.30.020, Functions, of the Arroyo Grande
Municipal Code is hereby amended to read in its entirety as follows:
Section. 2.30.020 Functions.
The functions of the Public W orks Department shall be to serve the City and the public
in providing professional services to maintain the city's infrastructure for use by
residents, businesses, and visitors. The Public W orks Department administers the
design, construction and inspection of all major publicly funded capital projects involving
the upgrade of the city's infrastructure and facilities; ensures all construction in the
public right-of-way related to land development entitlements comply with adopted codes
and engineering standards; is responsible for all subdivision processing, approval of
final subdivision maps, accepting related offers of dedications and entering into
agreements to complete subdivision agreements. The Public Works Department
operates and maintains the equipment, tools, and other resources necessary to
construct, operate and maintain the city's infrastructure. Infrastructure consists of water
system, sewer system, road network, storm drain system, city facilities, parks, urban
forest and landscaped and open space areas. The Public Works department also
maintains the city's vehicle fleet and community tree program.
SECTION 7. Amendment. Section 2.30.030, Public works director—Position created—
Appointment—Duties, of the Arroyo Grande Municipal Code is hereby amended to read
in its entirety as follows:
Section. 2.30.030 Public works director—Position created—Appointment—
Duties.
The position of Public W orks Director is created and established and shall be filled
by appointment of, and serve at the pleasure of, the City Manager. The Public W orks
Director shall be fully responsible for all the functions and duties of the Public W orks
Department as established by state laws, ordinances, or resolutions. The Public Works
Director or his or her designee shall:
1. Assume full management responsibility for assigned services and activities of
the Public W orks Department, including planning and park development and
maintenance of all city parks, streets, buildings, fleet, and utilities;
2. Assume full management responsibility of engineering standards and projects;
Page 74 of 98
ORDINANCE NO.
PAGE 3
3. Monitor and evaluate the efficiency and effectiveness of service delivery methods
and procedures;
4. Develop, implement and oversee effective and cost -efficient work, equipment
and asset management systems and programs;
5. Plan, direct, coordinate and review the work plan for maintenance staff; assign
work activities, projects and programs;
6. Develop, implement and maintain systems to inventory infrastructure
deficiencies and program, assign and track corrective measures;
7. Recommend to the City Manager budget, staff, equipment, material and supply
needs;
8. Coordinate capital improvement projects and services related to maintenance of
the city's infrastructure;
9. Advise the planning commission on issues related to maintenance of parks
facilities and open space areas; and
10. Consider tree removal permit requests.
SECTION 8. Amendment. Section 2.34.010, Established, of the Arroyo Grande
Municipal Code is hereby amended to read in its entirety as follows:
Section. 2.34.010 Established
The Police Department and the office of Chief of Police is created and established. The
Chief of Police shall be appointed or removed by the City Manager.
SECTION 9. Savings Clause. Neither the adoption of this Ordinance nor the repeal of
any other ordinance of this City shall in any manner affect the prosecution for violations
of ordinances, which violations were committed prior to the effective date hereof, nor be
construed as a waiver of any penalty or the penal provisions applicable to any violation
thereof.
SECTION 10. Severability. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance is, for any reason, held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of this Ordinance. The City Council hereby
declares that it would have adopted this Ordinance and each section, subsection,
subdivision, sentence, clause, phrase, or portion thereof irrespective of the fact that any
one or more sections, subsections, subdivisions, sentences, clauses, phrases, or
portions thereof be declared invalid or unconstitutional.
SECTION 11: Effective Date. This Ordinance shall take effect and be in full force and
effect thirty (30) days after its passage.
SECTION 12: City Clerk’s Certification. The City Clerk shall certify to the adoption of
this Ordinance and cause the same to be posted at the duly designated posting
places within the City and published once within fifteen (15) days after passage and
adoption as required by law; or, in the alternative, the City Clerk may cause to be
published a summary of this Ordinance and post a certified copy of the text of this
Ordinance in the Office of the City Clerk five (5) days prior to the date of adoption
of this Ordinance, and, within fifteen (15) days after adoption, the City Clerk shall
cause to be published the aforementioned summary and shall post a certified copy
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ORDINANCE NO.
PAGE 4
of this Ordinance, together with the vote for and against the same, in the Office of
the City Clerk.
On motion of Council Member , seconded by Council Member ,
and on the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this day of ,
2025.
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ORDINANCE NO.
PAGE 5
CAREN RAY RUSSOM, MAYOR
ATTEST:
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
MATTHEW DOWNING, CITY MANAGER
APPROVED AS TO FORM:
ISAAC ROSEN, CITY ATTORNEY
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