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Home My WebLink AboutCC 2025-09-09_09e Ordinance Amending Title 2 of the AGMCItem 9.e. MEMORANDUM TO: City Council FROM: Jessica Matson, Director of Legislative & Information Services/ City Clerk SUBJECT: Adopt Ordinance Amending Various Sections of Title 2 (Administration and Personnel) of the Arroyo Grande Municipal Code DATE: September 9, 2025 RECOMMENDATION: 1) Adopt an Ordinance 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 (AGMC); and 2) Find that the Ordinance is exempt from the California Environmental Quality Act (CEQA) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment. (State CEQA Guidelines section 15060, subd. (c)(2); 15061(b)(3)). 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 AND ANALYSIS: Pursuant to Government Code sections 36934 and 36937, ordinances are “introduced” by first reading at a City Council meeting, “passed” (i.e., approved) at a later City Council meeting by conducting a second reading, and then take effect 30 days after passage. On August 26, 20251, the City Council introduced the Ordinance as proposed. The Ordinance amendments are now ready for adoption. The Ordinance amendments will become effective thirty (30) days after adoption. ALTERNATIVES: 1. Adopt the Ordinance as proposed; 1https://pub-arroyogrande.escribemeetings.com/Meeting.aspx?Id=6e7c7c76-fee2-401c-8aa3- 090ededae737&lang=English&Agenda=Agenda&Item=41&Tab=attachments Page 49 of 148 Item 9.e. City Council Adopt Ordinance Amending Various Sections of Title 2 (Administration and Personnel) of the Arroyo Grande Municipal Code September 9, 2025 Page 2 2. Modify the Ordinance with amendments and direct staff to return at a future public hearing to introduce the modified amendments; or 3. Provide other direction to staff. ADVANTAGES: The advantage of adopting the Ordinance ensures Code consistency with current City organizational structure and practices and State law. 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. Ordinance Page 50 of 148 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. Page 51 of 148 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 52 of 148 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 Page 53 of 148 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. Page 54 of 148 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 Page 55 of 148