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HomeMy WebLinkAboutO 2025-009 ORDINANCE NO. 2025-009 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. ORDINANCE NO. 2025-009 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 Works 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 Works 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 Works Director is created and established and shall be filled by appointment of, and serve at the pleasure of, the City Manager. The Public Works Director shall be fully responsible for all the functions and duties of the Public Works Department as established by state laws, ordinances, or resolutions. The Public Works Director or his or her designee shall: ORDINANCE NO. 2025-009 PAGE 3 1. Assume full management responsibility for assigned services and activities of the Public Works 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; 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 ORDINANCE NO. 2025-009 PAGE 4 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 of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. On motion of Council Member Maraviglia, seconded by Council Member Guthrie, and on the following roll call vote to wit: AYES: Council Members Maraviglia, Guthrie, Loe, and Mayor Ray Russom NOES: None ABSENT: Council Member Secrest the foregoing Ordinance was adopted this 9th day of September, 2025. 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 ORDINANCE NO. 2025-009 PAGE 5 OFFICIAL CERTIFICATION I, JESSICA MATSON, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Ordinance No. 2025-009 which was introduced at a regular meeting of the City Council on August 26, 2025; was passed and adopted at a regular meeting of the City Council on the 9th day of September 2025; and was duly published in accordance with State law (G.C. 40806). WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 19th day of September, 2025. JESSICA MATSON, CITY CLERK