O 170
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ORDINANCE NO. 170
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AN ORDINANCE OF l'HE CITY COUNCIL OF 'mE CITY OF
ARROYO GRANDE ESTABLISHING TIlE OFFICE, OF CITY
ADMINISTRATOR AND IiEPINING TIlE DUTIES, POWERS
~1D RESPONSIBIL!~&q OF TIlE CITY ADMINISTRATOR
'mE CITY COUNCIL OF TIlE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS:
SSC'.t'101:i 1, Rl'C.I'o"AL OF 1'I,iRPOSJ>
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The City Council of th'J City of Arroyo Gra.."1de finds and determines that the
administrative affairs of the municipal government of this city would be handled
more expeditiously, efficiently and satisfactorily through an officer who, acting
on behalf of the City Council, would have the duty to attend to such administrative
affairs, to correlate and coordinate various municipal activities, compile data,
prepare reports relating to the affairs of City government, and to generally act
as the agent of the City Council in the discharge of administrative duties.
SECTION 2. OF~'ICE OF (:ITY ADl.JI11IS'rRATOR CREATeD
There is hereby created in the service of the City of Arroyo Grande the position
of City Administrator. Tr.e City Administrator shall be a person selected by the
City Council solely on the basis of his executive and administrative qualifications,
with special reference to his actual experience in and knowledge of accepted
practice in respect to the duties of his office aa hereinafter set forth.
Residence in the City at the time of appointm~"1t shall not be required, but the
City Administrator shall, within a reasonable time following his appointment,
establish and maintain residence in the City. No person elected to membership"
on the City Council shall be eligible for appointment as City Administrator until
one year has elapsed after 4e has ceased ta be a member of the City Council.
SECTION 3. APPOINTMENT, TENURE AND REM:)\TAL
The City Administrator shall be appointed by the City Council, and shall hold
office at and during the pleasure of the City Council, except as hereinafter
provided.
The CttytArlmtnistrator shall not be removed from office during or within a period
of 90 days next succeeding any General Municipal Election in the City, at which
election a member of the City Council is elected, except by a unanimous vote of
the members of the City Council. The purpose of this provision is to allow any
newly~lected member of the City Council to observe the actions and ability of
the City Administrator in the performance of the powers and duties of his office.
SECTION 4. COMPENSATION AND EXPENSES
The City Administrator shall receive such compensation and expense allowances as
the City Council shall, from time to time, deter.nine, and said compensation and
expenses shall be a proper charge against such funds of the City as the City , 1 I..;..
Council shall designate.
The City Administrator shall be reimbursed for all sums necessarily incurred or
paid by him in the performance of his duties, or incurred when traveling an busl.~
ness pertaining to the City under direction of or ~.th the expres..CIionsent of the
City Council; reimbursement shall be made only in accordance with an itemized
claim setting forth the sums expended or obligations incurred, in the manner
provided by the City Council for the presentation of claims for reimbursement of
expenses of other City officers and employees.
SECTION S. POWERS AND DUTIES OF CITY ADMINIS'mATOR
The City Administrator shall be the administrative head of the government of the
City, under the direction and control of the City Council. He shall be responsible
for the efficient administration of all of the affairs of the City which are under
his control. In addition to his general powers as administrative head, and not as
a limitation thereon, it shall be his duty, and he shall have the power:
(a) GENERAL SUPERVISION.
To execute on behalf of the City Council i,ta adminstrative supervision and control
of such affairs of the City as may be plac~d in his charge, or which are not other~
wise provided for by the City council;
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(b) PERSC>>INEL AND ORGANIZATION.
To appoint competent, qualified officers and employees to the administrative
service (which term is inclusive of all positions p.xcepting the City ,Clerk
City Treasurer, City Engineer, City Attorney and Assistant City Attorney, Chief
of Police, Fire Chi~fand Director of Public Works) and to dismiss, suspend and
discipline such off~cers and employees in accordance with such policies as may
from time to time be set forth by the City Council; to transfer employees from
one department to another, consistent with the policies of the City Council; to
recommend to the City Council such reorganization of officers, departments or
divisions as may be indicated in the interest of efficient, effective and econom-
ical conduct of the City's business, and to effect such reorgan~zation when autk-
orized by appropriate ordinance, resolution or motion of the City Council; provided,
however, that no department head shall be appointed until the City Council has
approved such appointment, excepting that a tentative appointment may be made sub-
ject to the approval of such appointment by the City Council at its next regular
meeting following the making of such tentative appointment.
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TQ control, order and give directions to all heads of departments, subordinate
officers and employees of the City, including the City Clerk and City Treasurer
except in matters which by State Law are confided to their exclusive and uncon-
trolled jurisdiction, and except the City Attorney;
(d) RULES AND REGULATIONS.
To prescribe such rules, regulations and policies as he shall deem necessary or
expedient for the conduct of administrative services, and to revoke, suspend or
amend any rule, regulation or policy established by any officer or department head
or other person in the administrative services;
(e) SHIFT WORK.
To temporarily direct any department or division of the City to perform work for
any other department, division or office of the City;
(f) COMPENSATION PLAN.
To prepare and to recommend to the City Council from time to time desirable re-
visions of the Compensntion Plan of the City of Arroyo Grande.
(g) AID CITY COUNCIL.
To attend meetings of the City Council and to report upon and discuss any matter
concerning the affairs of the departments, services or activities under his super-
vision upon ~ich, in his judgment, the City Council should be informed, or upon
which his views or opinions are requested by the City Council;
(h) CARRY OUT COUNCIL DECISIONS.
To carry out on behalf of the City Council its policies, rules, regulations and
ordinances relating to the administration of the affairs of the City, its depart-
ments, divisions and services;
(i) BUDGET.
To supervise tiA preparation 66 a detailed, proposed municipal budget, and submit
the same to the City Council before the 15th day of May of each year, and to offer
his recommendations ae to such increaaes, decreases, c~ce11ations, transfers or
changes in any of the items included in said proposed budget as i~ his judgment
should be made before adoption of the final budget; to be responub1e for the ad-
ministration of the budget after its final adoption; and to keep the City Council
informed with respect thereto;
( j) PURCHASING.
AS agent for the City Council, to exercise the power of approval or reject~on of
expenditures for all departments, divisions, services and offices of. the C~ty
government, in accordance with the municipal budget adopted by the C~ty Council.
(k) PUBLIC IMPROVEMENTS.
To develop and organize public improvement projects and programs, and to aid and
assist the City Council and the various departments, wervices and offices of the
City in carrying the same through to a successful',conclusion;
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. (1) RECOMMENDATIONS 'ID COUNCn,.
To recommend to the City C&"b~H f"'.... adopt-l""l such measures and ordinances as he
deems necessat'y or expedient;
(m) STUDIES At~D RLPOB.'I:':
To maK~ such surveys, stadieE, repQrts and rec~endetions as he may deem desirable
on any matter affectinjf, t,,,~ ir.tereHs ..f the. peo!'1e or City I1S budgeted O!" /:.3 may
be requested by the City C01mdl:
(n) COUNCIL AGENDA.
To prepare the Agenda for all reg~lar, $pec~a~, or adjovcned meet Lugs of the City
Council, in accordancE'. with the Or.<'!if\OOCI'1.8 cS't~lishing Rules for the City Council;
(0) OTHER CITY OFFICES.
To serve in any appoin::eti ot'lj,ce witr,ln tJ)" City G,,)"ernment to' which 11". may h~'
qualified, when appointe,d thereto by the City C."meil, and to hold :!In" perf'o"..
the duties thereof at the pleasure of the City COUl:ci.l and without furthe:: com-
pensation except as expressly provided by t~e City Cnunct1 at the ~ime of such
appointment or thereafter;
(p) CITY CLERK.
To hold the office of City Clerk when qualified to do so following his ,,-ppointment
by the City Council, or to perform the dutiea of the City Clerk in tae hbsence of
appointment of some other person hy the City Council;
(q) MAIL.
To receive and open all n~il addressed whole or in part to the City Council, or
to the Mayor or Mayor Pro Tem by title only, and to give immediate attention there~
to, to the ena that all administrative business referred to in such communications
and not necessarily requiring action by the City Couucil may be disposed of in au
expeditious manner, provided that all actions taken pursuant to such communications
shall be reported to the City Council at its next regular meeting thereafter, or
by',separate communication to each member of the City Counc,il;
(r) ENFORCEMENT OF LAWS.
To see to the <"nforcement within the City of the laws of the State of California,
and of all laws and ordinances of the City;
( s) CONTRACTS, FRANC.nSES, ETC.
To investigate and sec to the faithful performance and observation of all contracts
of the City, and of all franchises, permits, licenseq and privileges gr~rterl by
the City;
(t) CITIZEN COMPLAINTS,
To investigate all complaints in relation to matters concerning the admini3tration
of City government: to adjust all proper grievance~ ~ithin the scope of authority
provided by the City Inws and policies, and to ::-eport to the City Council all in-
justices suffered by reason of defects or omf~s\eQr. in the Inws, policies or
practices of the City which he ~s ~ot authoYJzee to rectify;
(11) PUBLIC PROPERTl.
To exa~cise general supervision over all public buildings, public parks and other
public property which nrs under ~hE'. control and jurisdiction of the City Council,
when the general supervisi.on thereof is pot specifically delegated to ~, pl'.::-ticular
officer;
(v) COMMUNITY RELATIONS.
To explain to the public t~'e ect"lo"", purpo"es end policies of the City government;
(w) COMMUNITY PROJECTS.
To cooperate within lawful limit~ with all ,,,",",unity ore"ui"ation~ ."hose a:.m and
purpose it is, in whole ot"in pert, to advance t~e spiritual and material interests
of the City end its people, P.;;lQ t.) ,)rC'""ide them, within lawful limits, with assist-
ance in such aim and purpcsc through the City government;
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, (x) CONTRACTS .
To execute in th!\ 'name of the City C~l':l(,U l't1d City, any contract authorized or
approved by the City Council" unless -the City Cou;J"il shaH expressly provide
for other manner of C'xe,('11ti,on of &UCtl C"rlCr.ISt.t;
(y) O'I'HER DUTIES AND POWIZHS '
To perform such othe.: d,.tJ.C'&' "",d axeL'cise 5<10:" ')t~,"r poweL's BS are necessaril}'
incident to the abow. p"'.>ers or as mey ~ aSSi.gJ1E'.d or. delegated to him from
time to time by action of the C[ty Council,
SECTION 6. RELATIONSHIP BElhEEN CI'ry COUNCIL AND ADMINiS1~TIVE SERVICES
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The City Council and its members sr.ail deal with the administrative services of the
City only through t.he City Admini$tr.efor, GxC'ept for the purpose of inquiry, and
neither the ~it.y Cauncil, nor any ~eIT.beT ther.aof, shall give orders to any officer
or employee of the City under the supervision of the City Administrator. The City
Administrator shall taic;e his orders c.nd instr:uetiorls only from the City Council
as a body, and no indiviuual mE'moer of the Co\\nc.:i.1 shall give any orders or instruc-
tions to the City Administrator. Any subordinate officer or employee receiving
orders or instructions contrary ~o this Section shall report the same in writing
immediately thereafter to the City Administrator, and the City Administrator shall
promp~ly forward a copy or summary of such report to each member of the City Coun-
cil. He shall likewise promptly advise each member of the City Council of any ord-
ers or instructions received by him contrary to this Section.
It is not intended by this Section to res.rict unduly the privilege of a member of
the City Council of requesting ot the City Administrator, but not of ~~y other
officer or employee under his supervision, the preparation of a report dealing with
. any matter of City business, or mUui~ipal affairs generally, if such report can be
compiled without undue dislocation of City activities and without +'he expenditure
of considerable quantities of time by City personnel.
SECTION 7. LIMITATIONS UPON CITY ADMINISTRATOR
The City Administrator shall not attempt to establish gener.al policy which it is
the province of the City Council to determine, nor 6hall he attempt to commit or
bind the City Council, or any member thereof, to any action, plan or program
requiring official Council action. It is not intended by this Ordinance to grant
any authority to, O'r impose any duty upon the City Administrator which is now or
hereafter may be vested in or imposed by general State law on any other City com-
mission, department, officer or employee.
SECTION 8. STANDARD OF PERFORMANCE
In the discharge of his duties as City Administrator, the person holding such
position shall endeavor at ~ll times to exercise the highest degree of tsct,
patience and courtesy in his contacts with the public, with the City Council,
and with all City commissions, boards, departments, officers and employees,
and shall use his best efforts tc establish and maintain a harmonious relationship
among all personnel emf-loyed in the government of the City of Arroyo Grande, to
the end that the highest possible standards of public service shall be continuously
maintained.
SECTION 9. BOND REQUIRED
The Ci.ty Administrator shall, befor.e entering ....pen the Juties of his offfce, give
good and sufficient ~orpor!lte surety bOnd to the City in ouch amount anrl form as
shall be approved by the City Attorney, and AS required by any law of the State of
California, or of the C5.ty of Arroyo Grande. Such bond shall be conditioned upon
the faithful performance and discharge of his duties, and for proper application
and payment of all money or property ccming into his hands by virtue of his office.
A general bond covering more than one officer or employee of the City of Arroyo
Grande shall suffice if it meets the requirements set forth in this Section. The
premium for such 0,,;1<;1 s"'~ll be raid by tJile City.
SECTION 10. ABSEN,fE 0'1 CI~~INlS!R.<\TOR
In order to provide tor the perior~~nce of his dutiea during his temporary absence
or disability, the City Administrator shall designate in writing a qualified Admini-
strative Officer of the City to so a,~t, with r.llp- appr.oval of the City Council. In
the event of faUut''' of the City Administr<..i;c,r to make such designation, the City
Council shall designate an oif~ce~ or emplQ7e~ 0f the City to perform the duties
of the City Administr.ator until he shall return or his disability shall cease.
(II)
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Any person so designated to act in the absence of the City Adlli~nistrator shall first
furnish a bond in the form required of the City Administrator unless such person is a
City officer who has already filed a similar bond with the City. The person designated
in accordance with this Section to act during the absence or disability of the City
Administrator shall be the Acting City Administrator, and shall exercise all powers and
carry out all duties of the City Administrator, excepting that no officer or employee
o~ the City shall be appointed, removed, promoted, demoted, suspended or otherwise
dtsciplined by the Acting City Adminstrator without the prior approval of the City Council.
SBCTION.ll CONFL'ICTING ORDINANCES AND RESOLUTIONS RESCINDED
All orders, Ordinances, parts of Ordinances, Resolutions or parts of Resolutions in
conflict with this Ordinance shall be snd the same are hereby rescinded,
SECTION 12, EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk
shall certify to the same and cause it to be published once, together with the names of
the Councilmen voting thereon, in the Arroyo Grande Herald Recorder, a newspsper of
general circulation, published and circulated in the City of Arroyo Grande, within fifteen
(15) days following its adoption.
On Motion of Councilman McNeil, seconded by Councilman Wood, and on the following roll
call vote, to-Wit:
AYES: Councilmen Lee, Wood, McNeil and Mayor Burt
NOES: None
ABSENT: Councilman Jacobs
the foregoing Ordinance was adopted this 26th day of March, 1963.
d:~I~ L~DE
ATTEST:
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CITY CLE THE CITY OF ARROYO GRANOE
I, POLLY S. MlLEIiR, City Clerk of the City of Arroyo Grande, County of San Luis Obispo,
State of California, do hereby certify that the foregoing Ordinance No. 170 is a true
full and correct copy of said Ordinance passed and adopted by the City Council of the
City of Arroyo Grande at a regular meeting of said Council on the 26th dsy of March,
1963.
WITNESS my hand and the seal of the City of Arroyo Grande affixed the 27th day of
March, 1963. ~~J~/&~/
CITY CLE OF THE CITY OF ARROYO GR.ANDE