Loading...
CC 2013-02-12_11.b. Ordinance Amending Title 2 of the Municipal CodeMEMORANDUM FROM: KELLY WETMORE, DIRECTOR OF LEGISLATIVE AND INFORMATION SER,VICESJCITY CLERK ~ . . SUBJECT; CONSIDERATION OF AN ORDINAN'CE AMENDING TITLE, 2 (ADMINISTRATION AND PERSONNEL} OF THE ARROYO GRANDE MUNICIPAL CODE DATE: FEBRUAR,Y 12, 2013 RECOMMENDA l]QN:· It .is re.eommendeEI tbe Gity ·oouneil introduce an Ordihance amending Title 2 (AElministration and Pers.onoel) of the .Arroyo Graode Munlc,lpai Cocte. IMPACTS TO FINANCIAL AND PERSONNEL RESOURCES: There. is minimal financial impact relatir:i@ to adoption of the. proi,:>o$ed .Ordinance. The Legislativ.e and lnfom;iation Service.s t>ud@et include.s f.und$ for p"ublicatior1 of the· Ordinarice pur:sl:.lant to State law,· as weJl.1 as.for c9dification oJ tbe Municipal Gode. 8ACKGRflU:ND: Since 201 O, the Qity h.as ·expexienc:;,ed restructuring of Cit.y departments which has resulted in c:i ne.e.d to suti>stantially· modify TWe 2 of the Municlp.al Coc:le fo refl~d: the organizational changes that ha:ve.oeeur:red. The majority oJ re.vision!:> refle.cted in the 1DrD1Dosed Qreinanc:e are min0.r in nat1:.1r;e,. dealing with amendment of depar;tment narnes and titre.s. l'n the. areas of Re.ereatio,n Service.s., Clon:imunity Development,. and Public ·W:erks,, some .amendments are incl.uczlec:i which update vario.us powers" d.u:fies, and .functional a.re.as of re.s,por:isibifity to rn.flec;t eurre.nt pr~1ctJce$ . . ANALYSIS OF JSSUES: An mzerview of ftie proposed am~nd_rneht$ in Tit[~ 2 iJ1c;_lude: • Renar:nin§ the "Fire' Department"' to "Five Cities Fi11e Autherity" for all purpo,se$. re.lated .to ordinance.s., law$. .ancl r~guicitions reJC1tir:ig to th~ Qlty or :adopted b.y the MunicipaJ Cede; ~ · · • ReAaming thle FinaAcial Services . Department to .Adr:ninistratb1e S'erY,ic~s Department, and relate.d staff title Gbang.es; Item 11.b. - Page 1 CITY COUNCIL CONSIDERATION OF AN ORDINANCE AMENDING TITLE 2 (ADMINISTRATION AND PERSONNEL) 0.F THE ARROYO GRANDE MUNICfP,AL CODE FEBRUARY 12, 2013 PAGE2 • Adding Engineering Division functions to Chapter 2, 17 (Community Development Department); • Renaming the Parks, Recreation and Facilities. Departrtfent to Recreation Services Department, related staff title changes, and updating the powers an·d duties of the Director; • Amending the powers and duties of the Parks and Recreation Commission as it relates to both public works ahd parks, recreation services, and facilities; • Amending the functions of the Public Works Department and the duties of the Public Works Director to reflect current functional areas of responsibility. • Minor clerical revisions to Chapter 2.32 -Traffic Commission. The proposed Ordinanee was reV,iewed b>y both the City Manager and City Attmney to ensure that the Code provisions are internally consistent with the City's current organizational structure and functional responsibilities. ALTERNATIVES: The following alternatives are provided for the Co~uncil's consideration: 1.. .lntreduce the Ordinance. as pr0posed; 2. Medify and introduce the Ordinance; or 3. Provide direction to staff. ADVANTAGES: The proposed Ordinance will update the Municipal Code to reflect the City's current organizational structure, staffing, and functional responsibility. DISADVANTAGES: No disadvantages have been identified. ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thars·day, February 7, 20t3. The Agenda and report wer:e posted on the City's website on Friday, February 8, 2013. Item 11.b. - Page 2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE ARROYO GRANDE MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF. ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1: Arroyo Grande Municipal Cede Chapter 2.12 "Fire Department" is hereby renamed "Five Cities Fire Authority" and Section 2. 12.010 is amended in its entirety as: follows: FIVE CITIES FIRE DEPARTMENTAUTHORITY 2.12.010 Members Five Cities Fire .Authority. The fire department shall consist of a fire chief, an assistant chief, and as many other officers, fighters and support personnel as may be deemed necessary for the effective . operation of -tf1€--GepartmenL Pursuant to the Joint Exercise of Powers Agreement creating the Five Cities Fire Authority, the Five Cities Authority shall be deemed to be the fir:e department of the City of Arroyo Grande for all purposes related to ordinances,. laws and regulations relatin§ to the City or adopted by this Code .. All refer:ences in this Code to "Fire Cbief" or "Fire Department" shall .be deemed to mean thR F''f re Chfef of ibe Five Cities· Fire· Authority a11d the Five Cities Fire Authodt¥. respectively. SECTION 2: Arroyo Grande Municipal Code. Sections 2.12.020 throUgh 2.12.120 are hereby repealed in their entirety. SECTION 3: Arroyo Grande Municipal Code Chapter 2.16 "Financial Services Department" is renamed "Administrative Services Department" and Sections 2.16.010 through 2.16.050 are hereby amended as follows: ADMINISTRATIVE FINANCIAL SERVICES DEPARTMENT Sections: 2.1-6.010 2.16.020 2.16.03'0 2.16.040 2.16.050 Create:d. Functions and d.uties. Administrative F~services direcfor-'--Position created--Appointment-- Respor:isibilities. Administrative Financial services director--Financial and accounting duties. Administrative·Finance director--Bond recquired. Item 11.b. - Page 3 ORDINANCE NO. PAGE2 2.16.01 o Createa. An admihistrativ.e. :Hnaae+aJ-services departmenl is created am:f e·stablished and shall be subject to the @eoer:al aCilministrative ciirectiorn of the city manager. 2. t6 .. 020 F1.:mctior:1s:anc:l dutie·s·. The ac:Jministr:ative, fi.r;raeGia~--services department shall be resi::>onsible for the entire financial"-aA€!-accountir:1g, and hurrnan resoLtrces operations of the. city, incluc:iing, but not necessarily .limited to, th·e r:eceipt, disburs·ement and deposit in th·e treasury of all city moneys,, ,assistance ir:i the preparation 0f the city budget, maintenance of all accounting procedures arid records, centralizec:l purchasing for all city departments, personnel administration and ar:1y other ·duties amt responsibilities that may be assigned by the city manager, .c0.ur:rcil or state laws. 2.16.030 AdministratiX/e FiAan.cial services director--Position created--Ar::>pointment:-- Responsibilities. The position of adr:tiin'istrative .financial services directer is created and established and shall be fillea by appointment .ef, anCil serve· at the: pleasure of, the city manager. The administrative financial-servic.es ciirector shall be fLJUY responsible for all the functions :amt duties. of the· administrative :f+nanGiat-services department as estaolished by state laws, er.Oinances,, or resolutions. 2.16.040 Administr:ati1-.1e' Financial~--services director--Finaneial and accounting duties .. Pursuant te the pr0visi0As of Section 37209 and 40805,.5 of the C:Sover:nment Code of tbe state, all the financial .and accounting duties imposed upon the city clerk by Sections 37201 through 37208 and Sections 40802 through 40805 ;-of said Govemment Code are transferred to the #Rance administrative sernices direGtor, who shall be deemed to be the €ity's directc:>rof finance for any and ·all purpose~s reqliire·e by law, 2. 16.050 AGlministrative fJ-nanciaL·services director--Bon·d r:equired. Before enter:ing uporn the· dutie_s of office, the administrative firaancial services director shall execute a l:;forid to the city. Except as may otherv.tis-e be pr:oviCiled, such bond sball confarr:n to the· provisions of the Government Code :of the state relating to bonds of poblic officers, and the penal sum of the bond shall be in. a reasonable amount recommended l::>y the city 'attorney and fixed by the council by resolution. Ar:i¥ premium for such required benc::I 1shall, be Ci_ssumed by the city. SECTION '4: Arroyo Grande Municipal Gode Section 2 .. 17.040 is b~reby added to Chapter 2.17 "Community Development Department" as follews: 2.17.040 Community dmlelobment department, engineering division:Capital Projects 1 .. The engineering ,C:fr.Jision administers the design, construdioT1 amd insr;>ec;;tion of :all major publidy-furiaeC!l carpital, prc)'jects involv:ing the. ~pgrade ,of the City's infrastructur.:e 'and facilities. The en§ir:ieering 'division eosures .. all C0171Struetien in the public right-of-way ·~elated to land development entitlements eomp:>ly with ad0pteGI codes aricf.~ndlm~erihg standards. The .eengiEieeonq division is also Item 11.b. - Page 4 ORDINANCE NO. PAGE3 responsible for all subdivision processing, approval of final subdivision maps, accepting related offers of dedications and entering into agreements to complete subdivision agreements. · · - SECTION 5: Arroyo Grande Municipal Code Chapter 2.20 "Parks, Recreation and Facilities Department" is renamed to "Recreation Services Department" and is hereby amended in its entirety as follows: PARKS, RECREATION SERVICES AND FACILITIE::'S DEPARTMENT Sections: 2.20.010 -Createe'. 2.20.020 -Functions. 2.20.030 -Parks, rRecreation services, and facilities director-Powers and duties. 2.2_0.010 -Created. The pai:ks,-recreation services, and facilities department is established for the city. 2.20.020 -Functions. The functions of the parks, recreation services, and facilities department shall be to provide opportunities for wholesome, year-round public recreation services for each age group and to develop and maintain lh an attractive and safe manner the recreation areas; parks, and @cilities of the city. manage scheduling and reservations for all recreational facilities,_ iriclu©ing parks and barbeque ar:eas, commul'ility .centers, .and athletic fields. ·· · ---· ----· --· 2.20.030 -Parks, rRecreation services, and facilities director-Powers and duties. The. parks, rRecreation services, _and facilities director shall: A. Attend meetings of the parks and recreation commission and make such reports to the commission and to the council as shall be require_d; B. Recommend to the city manager required part time-personnel,---&HBA--as ass+stams, supervisors and leaders and budget Aeeds; C. In cooperation with the director of public works, administer, operate and maintain existing park and recreation areas and facilities and plan for acquisition, development and operation of the proposed facilities in accordance with policies approved by the parks and recre·ation commission and the council; D. Inform the general public of the services. and facilities. being provic:ied by the P:Af-k-s-,recreation services-; ar:id facilities depart111e11t; E. Solicit suggestions from the general public to improve 0r increase the Item 11.b. - Page 5 ORDINANCE NO. PAGE.4 effectiveness -of the services being provided; F. Gooperate Co0rdiriate with go'lernmental and voluntary organizations and agencies in the forthe·r:ance of recreation opp>ortunities; and G~,---·····.Prepare-manuals., bulletins and reviews-oo-recr-eation prob'lerns; 1=4~··-·--P-r..eviGe, upon request, assistaAS&-e-f----a--technical natlJr.e-ffi-~ agencies and orgah'iz:atio.hs having problems relating to recreation and park areas and.faB·ilfties--aad prog tarns; ~-;-----·-Ge-1:.1.flselwith officials of public. ane--private organizatioos and interesteEl-·§-f9-U-FIB concerning community recreation and leisure activities and a:·ssist them in the promotien---of-r66reatio·n services; J-,G. Conduct studies·of local.conditions and needs for recreation sendces and park and open space facilitre&, ~nd assist with the recruitm·ent and training of recreation personnel~"" K, Prepar-e-a budgetfoi=-t-he .approval of-the--Grty-a.Ad-the council; and L. Maintenance of ciJy facifities. SECTION 6: Arroyo Grande Municipal Code1 Subsection 2.24.050(8:) and Sectia.n 2.24.060 of Chapter 22·4 "P.arks and Recreation Commission" are hereb>y ame.nded as follows: 2.24.050.B. Secretary. The c:lirector of f}afks;-recreation services, and facilities shall appoint a secretary to the .cemmission wh0 shall maintain ·accurate minutes of the activities of fhe commission. 2.24.060 Powers an~ Duties. The duties and responsibilities of the parks anc:l recreation commission .shall be to: A. Act :in an advisory cap·aeity to the ceuncil and the recreation .serVices and public works director§_in all. matters i::>ertaining to parks and public recreation and to cooperate with other gmzernmental agencies and civic groups in the aclvancement of sound par:k and re·creation planning and programming; B. Formulate polic:ie·s· 0n recreation .services for approval by the co·uncil; G. Meet with the council when necessary to discuss propo·sed r:>dlicies, programs, budgeting, fCJture needs., or other matters requiring joint. deliberation; D. Advise witl\Fth.e recre~atior:i services and public works .dir:e~ctO'li.§· on problems -of administration, Cilev..elopr:nent of recreation areas, facilities, programs, and improved recreation serviees,; E. Ma'ke p>erioGlie; irwe.nta.ri.es o.f r;ecreation services that exist or may be needed Item 11.b. - Page 6 ORDINANCE NO. PAGES and interpret the needs of the public to the council and to. the recreation services director; F. Aid in coordinating the re-creation services with the programs of other governmental agencies and voluntary organizations; G. Interpret the policies and functions of the parks anG-recreatiotl services department to the public with regare to parks and ·recreation pr0grams .an<il facilities; and H. Advise the recreation director and the public w0rks director in the preparation of the annual parks and recreation l:>udgets for parks, recreation services, and facilities and a long-range recreation capital improvement program; and I. Adopt rules and regulations for the use of recreation areas and facilities in accordance with the laws of the city; and;-: J. Review tree removal appeals and other decisions regarding urban forestry management. SECTl'ON 7: Arroyo Grande Municipal C<:tde. Secti0ns 2.30.020 and 2.30.030 of Chapter 2.30 "Public Works Dei::>artment" are herel:>y amended as follows: 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 design-and construct capital improvement projects, lane-development review and to maintain the citfs infrastructure for use by residents, businesses, and visitors. The capital improvement projects division administers the design, construction and inspection of all publicly funded capital f*Gtectsrl-h-e--development engineering division ensures all construction in the public r-ight of way--reffit.ed to land--Gev-elopment -entitJ.ements comply with adopted codes and engineering standaros. Development enginee~ing is also responsible for all .subdivision processing. In coornlination with the community development department's engineering division, tThe public works department :admir:iisters .construction anc'l inspections of capital projects related to or:igoing mainteoance of the City's infrastructure. The public works department operates and maintains the equipment, tools, and othe.r .resources necessary to construct, operate and maintain the city's infrastructure. Infrastructure consists of water system, sewer system, road network, a-AG-storm drain system~ 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. 2.30.030 Public works director:.-Position created--Appoiotment--Duties. The position of public wmks direct0r is created and established and shall be fille<:I by appointment of, and serve at the pleasure of, the city manager. The public works <:lire.ctor shall be fully resp0nsible for all the .. functi0ns: <md duties of the public works department as established by state laws, ordinance.s, or resolutions. The public 'woos Item 11.b. - Page 7 ORDINANCE NO. PAGES Ei+r-eetef--al-se-serves -as-the city eogh1eeF. The public works directpr or bis or her designee shall,: 1. Ma·ke recommendations to the. city manager:,-other city personnel, engineers, supe~1 isors, and maintenance 'NOr:kers regarding techn'ical :issue.~; ----------2,--··-Estab-lish li'mited parkiA-g-~nes, prohibited parking zones an.d · stop-·'·sign 1-eeatiefls~ 3. Appro•ie final subdivision maps, accept related offers ·of dedications and enter into agreements to complete subdivision agreements; 4'----12aftffii-pate and proV;ide technical assistance during times of emergencies,. 1. Assume fo.tll. management responsibility for_ assigned m.services and activities of the pul'Dlic works de@artment, including planning andpari(de~efopment and maintenance ·Of all City parks, streets, buildings, fleet, and utilities; . .. -. 2. Monitor and evaluate the efficiency and effectiveness_ of service delivery methods and procedures'; m . • -• -· 3. Develop, implement and oversee effective and cost efficient work, equipment and asset management systems and programs; · · · ·· · 4. Plan, direet, coordinate and_ review the work plan for maintenance staff; assign work activities, projects and programs; · · 5. Develop, implement and -maintain systems to inventory infrastructure deficiencies and program, assign and track corrective measures; 6. Recommend to the city manager budget, staff, equipmeot, material and supply needs; 7. Coordinate capital improvement projects and serviGes related to maintenance of the city's infrastructure; 8. Advise the parks .and recreation c0mmissi0n on issues related to maintenance of parks facilities and open space areas; and 9. Consider tree remo.val permit requests. SECTION 8: Arroyo Grande Municipal Code Sections 2.32.030 and 2.32.040 of Chapter 2.32 "Traffic Commission" are hereby amended as follows: 2.32.030 Meetings. The traffic commission shall regularly meet once each month during the evening at the City Hall or council chambers on a day and time designated by the commission, provided sufficient topics of consideration. are present, and may meet at such other times as the chairperson deems necessary or advisable. 2.32.040 Purpose and scope. The traffic commission shall act in an advisory capacity to the city council in the review and developmeat 0f traffic facilities, policies, and programs as relat(ld to the movement and parking of vehicles within the city, and shall have the authority to conduct public meetings on such matters. The traffic commission shall have the following additional duties: A. Assist other commissions and committees in providing input to the planning and implementation process for traffic control for projects with traffic related impacts; Item 11.b. - Page 8 ORDIN~NCE N.O. PAGE 7' B.. Review issl'.Jes haviog t<:> do with traffic. and parking matte.l!s aod shaU reeommend soluti0r1s; C. Re.cormrner:id w~y,s and means to improve ·existiog tr:affic coneitipns within the. eity 1 arrd rex1ie.w re~ional traffie as it r:elates te, the. city; D. .Act in an adv.isory cai:»adty t© th·e planniog commission ·relating t<i>' traffic issue.s in the cir:eulati0n element of'the J~ener:al plar:1. · The traffic ·e0mmissi0n shall rely .upon the te.chnit:;al. and aElministrative input gf th·e Elirector of public:.wQrks-:e0mm1::Jnity dev.elopmenL~nca shalt act ln C3tl ·advisory capacity to th.e direct<:>,r: The tr:afflc commisstoD .sh~lfhave ~uch agditiorial related duties and authority as ma~ from. time to tir:ne be approveg l),y tbe City council. SECTION 9~ The reJ:leal .0f .ar:i iarc:Jinar:iee ber:ein shall not repeal the, repe~ling claLrse of such 0rdinanee or revive any.ordinance which has be.en repealed theml:Dy, -- SECTION 1 Q,; A summary o.f this Qrd_ioanc.e shafl be published in a riewspaper pul::>lished :anEl eirc_l:Jlated in the Oity of Ar._r0yo Gran~e at least five .Q5) days prior te the City Council meetiog at which (he pr:oposed Or:diha·nce is to. be: aEloptecl. A certifiecl e0py of tbe fl!Jll text of the pmp0sed Ordl_nance shall oe posted in the .0ffice 1 of the City Clerk., Within fifteen {15} days aft§r adopf10n ,of the Ordinance, the summary with the. oame.s of tho.s.e City 00ur:ici[ me.m.bers: voting for «fnd ,a'Qainst the O.rdinanee shall. !De p_ublished again; anq the City Qlerk sbaH post:~ c:ertiflecil cbi:>¥ 0f lne fall text 0f s.uch adei;>ted Orqinane.e. SECTION 11: Thi:s Ordinance shall tal<e .effect :a'nd be .in full f©ree and, effect tbirty (.30} ·c:fay,s after it~ passage . . On motion of Council Member' , sec~J'ndecl by Ceuncil. M.emb.er f©Jlowir:ig roll call vote to Wit: AYES'.: ~OES': ABSENT; the for~~pJhg Otdiffahce was a'dopteGJ this ._day of_· _____ , 20t3. ,, anQ on the Item 11.b. - Page 9 ORDINANCE NO. PAGES TONY FERRARA, n11AYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER. APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY Item 11.b. - Page 10