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CC 20170117 05 RPV Muncipal Code Changes Sections 2.04 and 2.08RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 01/17/2017 AGENDA REPORT AGENDA HEADING: Regular Business AGENDA DESCRIPTION: Consideration and possible action to provide direction on the proposed revisions to Rancho Palos Verdes Municipal Code Chapters 2.04 and 2.08 RECOMMENDED COUNCIL ACTION: (1) Provide direction on the proposed revisions to Rancho Palos Verdes Municipal Code Chapters 2.04 and 2.08. FISCAL IMPACT: None. Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: David Aleshire, City Attorney REVIEWED BY: Gabriella Yap, Deputy City Manager. APPROVED BY: Doug Willmore, City Manager:/r ATTACHED SUPPORTING DOCUMENTS: A. Redline of Chapters 2.04 and Chapter 2.08 BACKGROUND AND DISCUSSION: At the July 19, 2016, City Council meeting Council Member Duhovic requested a future agenda item to review Municipal Code Chapters 2.04 (City Council) and 2.08 (City Manager). A sub -committee consisting of Mayor Dyda and Council Member Duhovic has been working with the City Attorney to develop revised language for Municipal Code Chapters 2.04 (City Council) and 2.08 (City Manager). Attached for the City Council's review is the most recent draft of Chapters 2.04 and 2.08 that has been prepared by the sub- committee and the City Attorney. The most recent draft of Chapter 2.04 (City Council) makes the following revisions: • Adds new sections 2.04.001 (Rancho Palos Verdes City Council) and 2.04.005 (Council Responsibilities). • Revises sections 2.04.010 (Council chambers), 2.04.020 (Regular meetings), and 2.04.010 (Executive sessions). The most recent draft of Chapter 2.08 (City Manager) makes the following revisions: 01203.0001/327040.1 1 • Adds new section 2.08.020 (General Responsibilities). • Deletes section 2.08.120 (Hearing). • Revises sections 2.08.010 (Office created), 2.08.030 (Council member eligibility), 2.08.050 (Acting city manager), 2.08.060 (Compensation), 2.08.070 (Powers and duties), 2.08.020 (Council-manager relations), 2.08.090 (Departmental cooperation), 2.08.100 (Attendance at commission meetings), 2.08.110 (Removal- Procedure), Removal- Suspension pending hearing), 2.08.140 (Removal- At -will employee), 2.08.150 (Removal- Limitation), 2.08.160 (Terms of employment), and 2.08.170 (Agreements on employment). ALTERNATIVES: In addition to the Staff recommendation, the following alternative action is available for the City Council's consideration: 1. Take other action as deemed appropriate by the City Council. 01203.0001/327040.1 2 Title 2 - ADMINISTRATION AND PERSONNEL Chapter 2.04 - CITY COUNCIL Chapter 2.04 - CITY COUNCIL Sections: 2.04.001 – Rancho Palos Verdes City Council. 2.04.005 – Council Responsibilities. 2.04.010 - Council chambers. 2.04.020 - Regular meetings. 2.04.030 - Adjourned meetings. 2.04.040 - Special meetings. 2.04.050 - Executive sessions. 2.04.060 - Term limits. 2.04.070 - Compensation—Reimbursement of expenses. 2.04.001 – Rancho Palos Verdes Citv Council. The Rancho Palos Verdes City Council (city council) consists of five (5) electors of the city of Rancho Palos Verdes ^ , elected at large, to serve as the governing body of the cQty of Rancho Palos Verdes with all such rights associated therewith. 2.04.005 – Council Responsibilities. The city council has responsibility for the overall operations of the RPV municipal city government. The city council may delegate certain matters and/or duties to the [appointed] city manager who serves at the pleasure of the city council. The city council may take any lawful action which they deemed appropriate or/ necessary to ensure that the city manager and the municipal organization are fulfilling their respective responsibilities as city employees pursuant to the rules, regulations, and ordinances of city.. 2.04.010 - Council chambers. The council chambers of the city council shall be located at the Hesse Community Park Building, 29301 Hawthorne Boulevard unless another location is designated by resolution of the City Council. (Ord. 179 § 1, 1984: Ord. 65 § 1, 1975: Ord. 65U § 1, 1975: Ord. 2 § 1 (part), 1973) 2.04.020 - Regular meetings. Regular meetings of the city council shall be held on the first and third Tuesdays of each month at the hour of six p.m. in the council chambers except as follows: 01203.0001/322169.1 Rancho Palos Verdes, California, Code of Ordinances Page 1 A-1 Title 2 - ADMINISTRATION AND PERSONNEL Chapter 2.04 - CITY COUNCIL A. When a Rancho Palos Verdes municipal election is conducted in the city on the first or third Tuesday of the month, the city council meeting shall be held on the next succeeding day which is not a holiday. B. When an official city holiday falls on the first or third Tuesday of any month, the meeting shall be held on the next succeeding day which is not a holiday. Only executive or "closed" sessions and study sessions may be held between six p.m. and seven p.m. unless a regular meeting is adjourned to or a special meeting called for such time. No study session or closed session will be held during such hours unless the agenda is posted at least seventy-two hours prior to the meeting as required by Section 54954.2 of the California Government Code. No action shall be taken during any study session held between such hours unless the agenda so provides. Nothing herein prevents a closed session from being held earlier or at another time if the meeting is properly noticed. (Ord. 375 § 1, 2002; Ord. 299 § 1, 1994; Ord. 287 § 1, 1993; Ord. 279 § 1, 1992: Ord. 240 § 1, 1989: Ord. 192 § 1, 1985: Ord. 124, 1979: Ord. 65 § 3 (part), 1975) 2.04.030 - Adjourned meetings. All meetings may be adjourned to a time, place and date certain, but not beyond the next regular meeting. Once adjourned, the meeting may not be reconvened. A copy of the order of adjournment must be posted at or near the door to the council chambers within twenty-four hours. (Ord. 65 § 3 (part), 1975) 2.04.040 - Special meetings. Special meetings may be called by the mayor, or in the absence of the mayor, by the mayor pro tempore, or by any three members of the council, on twenty -four-hour notice, as set forth in Government Code Section 54956, by delivering personally or by mail written notice at least twenty-four hours prior to the meeting to each member of the city council, to the city attorney, to the city manager, and to representatives of all newspapers and radio stations which have requested such notice in writing, and a copy of the notice shall be posted in the city offices. The notice shall specify the time and place of the special meeting and the business to be transacted; no other business shall be considered at such meetings. Notice may be waived by a member of the city council by filing with the city clerk a written waiver of notice; such waiver may be given by telegram. Attendance at the time and place specified shall be deemed a waiver of notice of such meeting. (Ord. 65 § 3 (part), 1975) 2.04.050 - Executive sessions. All meetings are open to the public except that executive or closed sessions may be held by the council during a duly called meeting on certain leg litigation, real estate, or—personnel matters or other matters as permitted by law. (Ord. 65 § 3 (part), 1975) 2.04.060 - Term limits. A. No person shall serve more than two consecutive terms of office as a member of the city council. 01203.0001/322169.1 Rancho Palos Verdes, California, Code of Ordinances Page 2 A-2 Title 2 - ADMINISTRATION AND PERSONNEL Chapter 2.04 - CITY COUNCIL B. For the purpose of this section, a "term" shall mean any period of service on the city council that exceeds two years, and "consecutive" shall mean immediately following, without an intervening hiatus in service. C. Any person who has served two consecutive terms as a member of the city council shall not be eligible to serve again until the expiration of at least six months after the end of that person's last term of office. D. The term limits imposed by this section shall apply prospectively only to those terms of office that commence after November 4, 2003, the date this section was adopted by the voters. (Measure C, 2003) 2.04.070 - Compensation—Reimbursement of expenses. A. Members of the city council will each be compensated for their services in the sum of four hundred dollars ($400.00) per month, which compensation will be a charge against the city and payable in the same time and manner as salaries are paid to other officers and employees of the city. The compensation payable to members of the city council may be adjusted in accordance with the provisions of Government Code Section 36516. B. The compensation set forth above in subsection A of this section is exclusive of any amounts payable to members of the city council as reimbursement for actual and necessary expenses incurred in the performance of official duties on behalf of the city pursuant to a properly documented reimbursement request. Procedures for such reimbursement may be specified by resolution adopted by the city council. (Ord. No. 500, § 1, 10-20-09) 01203.0001/322169.1 Rancho Palos Verdes, California, Code of Ordinances Page 3 A-3 Chapter 2.08 - CITY MANAGER Sections: 2.08.010 Office created. 2.08.020 General responsibilities. 2.08.030 Council member eligibility. 2.08.040 Bond. 2.08.050 Acting city manager. 2.08.060 Compensation. 2.08.070 Powers and duties. 2.08.080 Council-manager relations. 2.08.090 Departmental cooperation. 2.08.095 Council advice on appointment of certain managers 2.08.100 Attendance at commission meetings. 2.08.110 Removal—Procedure. 2.08.130 Removal—Administrative leaved spension pending hearing 2.08.140 Removal—At will employeeniS„reti„n of GGYn„il 2.08.150 Removal—Limitation. 2.08.160 Terms of employment. 2.08.170 Agreements on employment. 2.08.010 - Office created. The office of the city manager of the city is created and established. The city manager shall be appointed by the city council wholly on the basic of his administrative and exec ,tive ability and ni alifinations and shall hold office atdUring the pleasure of the city council, except as otherwise provided in this chapter. (Ord. 19 § 1 (part), 1974) 2.08.020 – General responsibilities. The city manager shall be the administrative head of the Rancho Palos Verdes municipal city government under the direction of the city council except as otherwise provided in chapter 2.08.070. The city manager shall be responsible for the efficient management of the affairs of the city and shall ensure that the best interests of the citizens and businesses are maintained at all times. 2.08.030 - Council member eligibility. No member of the city council shall be eligible for appointment as city manager until one year has elapsed after such council member has ceased to be a member of the city council. (Ord. 19 § 1 (part), 1974) 01203.0001/322265.6 Page 1 A-4 The city manager shall furnish a corporate surety bond to be approved by the city council in such sum as may be determined by the city council and shall be conditioned upon the faithful performance of the duties imposed upon the city manager as prescribed in this chapter. Any premium for such bond shall be a proper charge against the city. (Ord. 19 § 1 (part), 1974) 2.08.050 - Acting city manager. When the city manager will be away from the office for more than one day (temporary illness, disability, scheduled absence, etc.), the city council shall be so notified and the deputy city manager or other departmental director as the city manager may designate in writing filed with the city clerk shall be designated and delegated "acting" city manager authority. If the city manager fails to designate an "acting city manager" the city council may designate a qualified city administrative officer to exercise the powers and perform the duties of manager during the temporary absence or disability.in the event that an assistant Gity appointed, SUGh assistant shall manager'sserve as manager pre tempere during any temporary absenGe or disability of the Gat manager. in the event there is no assistant Gity manager, the Gity manager, by a letter filed with the Gity Glerk, or Of the Gity manager is unable or fails te de se, the Gity GOURGil shall designate a qualified Gity administrative OffiGer to exerGise the powers and perform the duties of manager during his temporary absenGe or disability. in the event the Got may, after the she th.ree month periedappoint an acting Gity manager, (Ord. 19 § 1 (part), 1974) 2.08.060 - Compensation. A. The city manager shall receive such compensation pursuant to contract or as the city council from time to time determines by resolution, and said compensation shall be a proper charge against such funds of the city as the city council designates. B. In addition, the city manager shall be reimbursed for all actual and necessary expenses incurred by him—in the performance of their4is official duties, including those incurred when traveling on business pertaining to the city and as authorized by the city council. Reimbursement therefor er*be made,,"^� ry "vwverr, when an itemized claim, setting forth the sums expended for such business for which reimbursement is required, has been presented to and approved by the city council or to such other officer as the city council may designate. The ^it„ ^n„nnil Fnay agre ment with the Gity manager Iffirnit the arnount of reimbursement for -his ar--tyal and neGessary general expenses, whiGh limit shall net be appliGable to spedally authorized by the pity Geunnil (Ord. 19 § 1 (part), 1974) 01203.0001/322265.6 Page 2 A-5 011:11NIM .-- e. 1. fro ll l 3►7� The city manager shall be the administrative head of the government of the city under the direction and control of the city council except as otherwise provided in this chapter. He shall be responsible for the efficient administration of all 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, the city manager shall have the following powers and duties: A. Ordinances) aw Enf„rnemen+. To enforce all laws and ordinances of the city and see that all franchises, contracts, permits and privileges granted by the city are faithfully observed; B. Management Authority Over -Employees. To maintain management control, order and give -provide directions to all department heads of departments, and to -subordinate officers and employees of the city under his ii irisdiGti0n through their department heads; C. Power of Appointment and Removal. To appoint, remove, promote and demote any and all cidofficers and employees, except for elected officials and the city attorney, subject to the following, (i) compliance with applicable provisions of the negotiated employee union collective bargaining agreement then in effect; ii of the Gity, eXGept- the -citattorney, ut3}eGt to all applicable personnel ordinances, rules and regulations; and iii „cluding—the council advice provisions of Section 2.08.095 (GeunGil AdViGe on appointment of Gert�in Managers); D. Administrative OReorganizationef�es. To conduct studies and effect such administrative organization or reorganization of offices, positions or units Under his ddreGtion as may be indicated in the interest of efficient, effective and economical conduct of the city's business with concurrence of the city council; E. Ordinances. To recommend to the city council for adoption such measures and ordinances as 4e-deemeds appropriateneEessary; F. AttendaRGe at Council Meetings. To attend all meetings of the city council unless excused therefrom by the mayor individually or city council as a whole, except when his removal is under consideration; G. Financial Reports. To keep the city council at all times advised as to the financial condition and needs of the city; H. Budget. To prepare and submit the proposed annual budget and the proposed annual salary plan to the city council for consideration and its -approval; Purchasing Agent. To purchase all supplies for all the departments or divisions of the city in accordance with Chapters 2.14 and 2.44 of the RPVMC and to submit such purchases to the city council for approvalaand—to- submit all expenditures er�oosed expenditures to the city GOu'nGil with his reGOrnmendations thereon; 01203.0001/322265.6 Page 3 A-6 Investigations and Complaints. To make investigations into the affairs of the city and any department or division thereof, and any contract or the proper performance of any obligations of the city; to investigate all complaints in relation to matters concerning the administration of the city government and the service maintained by public utilities in the city; to create processes to receive complaints from citizens, vendors, and other aggrieved persons; to report on any investigative activities and make recommendations to the city council. Athe city council's discretion, the council may decide to conduct/oversee specific resident, contractor and/or other non-emolovee complaints and investigations. K. Public Buildings. To exercise general supervision over all public buildings, public parks and all other public property which are under the control and jurisdiction of the city council; L. OtherAdditienal Duties. To perform such other duties and exercise such other powers as may be delegated to the city managerb4n from time to time by ordinance, resolution or other official action of the city council. (Ord. 156 § 1, 1982; Ord. 19 § 1 (part), 1974) (Ord. No. 588, § 1, 9-6-16) 2.08.080 - Council-manager relations. The city council and its members shall deal with the administrative service of the city GRty-through the city manager, eXGent for the purpose of inquiry, and neither the nits, GOunGil nor any member thereof shall give orders to any subordinates of the Gity manager. The city manager shall take his orders and instructions from the city council only when sitting in a duly convened meeting of the city council and no individual councilman shall give any orders or instructions to the city manager. However, the city council has ultimate oversight responsibility for the overall operations of the Rancho Palos Verdes municipal city government and may take any lawful action which shall be deemed necessary to ensure that the city manager and the municipal organization are fulfilling their respective responsibilities as city employees. (Ord. 19 § 1 (part), 1974) 2.08.090 - Departmental cooperation. The administrative heads of the divisions or departments of the city shall report to the city manager and shall it shall be the duty o�subordinate effiGersend—the city Glerrk, Gl#y treasurer and—GT'ty attorney to assist the city manager in administering the affairs of the city efficiently, economically and harmoniously. They shall be at -will employees without contracts and the terms of their employment shall be established by resolution or ordinance of the council. (Ord. 19 § 1 (part), 1974) 01203.0001/322265.6 Page 4 A-7 2.08.095 - Council advice on appointment of certain managers. Without diminishing the city manager's authority over any employees as provided in this chapter, the city council shall exercise an advisory function with respect to the hiring of certain management positions as specified herein. This shall apply to the heads of all administrative departments of the city including the city clerk and the assistant or deputy city manager, if there is one. In considering the recruitment or promotion of any person to any such position, the city manager shall establish the process to recruit and evaluate candidates, and shall determine the top candidates for the position, and shall provide to the city council the materials used to make such determination. The confidentiality of the materials including from the candidate's employer shall be maintained by council members. The city council members may evaluate the final candidates as determined by the city manager, and shall consult and advise the city manager as to their evaluations of the candidates. The city manager may then select the candidate to be awarded the position. The council may not nominate persons to such positions, nor is the council's consent or approval required to appoint or remove a person from such position, which decision shall continue to be made by the city manager. (Ord. No. 588, § 2, 9-6-16) 2.08.100 - Attendance at commission meetings. The city manager may attend an„ and all -meetings of any commission, board or committee created by the city council, upon his own volition or upon direction of the city council. At such meetings which the city manager attends, he shall be heard by such commissions, boards or committees as to all matters upon which he wishes to address the members thereof, and he shall inform said members as to the status of any matter being considered by the city council, and he shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the city council. (Ord. 19 § 1 (part), 1974) 2.08.110 - Removal—Procedure. Any city council member may request that the mayor convene a closed session meeting to discuss the city manager's job performance which meeting shall be noticed in accordance with state law. Should a majority of the members of the city council decide that the city manager's job performance does not meet Council expectations, the Council may initiate a job performance improvement plan or may terminate the city manager.The rerneval of the Gity maRager shall be effeGted only by a Majority vete of , Limitation). in Gase of his intended rerneval by the Gity GOunGil, the Gity manager shall be furnished with a written n0tiGe stating the GeunGi"S intention to remove him and the reaSOrtherefor, least 90 days ys hofnro the effeG iye date n�T pial 01203.0001/322265.6 Page 5 A-8 (Ord. 19 § 1 (part), 1974) 2.08.130 - Removal—Administrative leave. Suspension pending hearing. After furnishing the city manager with written notice of intended removal, which need not provide reasons therefore, the city council may remove the city manager in accordance with Section 2.08.140 of this chapter, or suspend the city managerhim from duty, by placement on administrative leave, but his -compensation shall continue until his reinstatement or -removal by a majority of the membersresolution of the council passed subsequent +n the aforesaid hoarinn (Ord. 19 § 1 (part), 1974) 2.08.140 - Removal—At will employeeDOSGro+inn of nn„nnil. The city manager is an at will employee and is subject to removal without cause. Any rights shall be set forth in the city manager's agreement per Section 2.08.160. In removing the city manager, the city council shall use its sole ,nnnn+rnllod discretion and its action shall be final and shall „nen any nor+ Gullar s;ei.yinn or degree o preef at the hearing, the purpose of whiGh is te allow the Gity manager to preseRt to the Gity GGYnGH his grounds of oppesition to his removal prior to its a (Ord. 19 § 1 (part), 1974) 2.08.150 - Removal—Limitation. Notwithstanding the provisions of Sections 2.08.110 (Removal—Procedure) through 2.08.140 (Removal—Discretion of Council), the city manager shall not be removed from office, other than for misconduct in office, during or within a period of 90 days next succeeding any general municipal election held in the city at which election a member of the city council is elected. The purpose of this section is to allow any newly -elected member of the city council or a reorganized city council to observe the actions and ability of the city manager in the performance of the powers and duties of his office. After the expiration of the 90 -day period, the provisions of Sections 2.08.110 (Removal—Procedure) through 2.08.140 (Removal—Discretion of Council) as to the removal of the city manager shall apply and be effective. 01203.0001/322265.6 Page 6 A-9 (Ord. 19 § 1 (part), 1974) 2.08.160 - Terms of employment. the duties— peGif+ed on this Ghapter.The city manager shall not accept outside employment while employed by the city_eXGept The specific Terms and Conditions of the city manager's employment shall be detailed in a mutually agreed upon Employee Agreement that is approved by a majority of the citv council. Anv contract must contain the followina: A. The city manager is an at will employee who can be removed with or without cause, with the grounds for cause specified in the agreement.ue may engage in GGGasienal +eaGhinno � iwriting Or nensltinn nn his timeff o• , B. The city manager can be paid a severance payment for removal without cause at separation not exceeding the equivalent to the monthly salary of the city manager times the number of months remaining on the unexpired term of contract, but not exceeding 18, or as otherwise provided in Government Code Section 53260, not including benefits.He may Giaddmtffi aT teaGhinn Writing, Gensultin _eter�Git�i�ated b isiness as the pity Gei inril may expressly authorize. C. Any severance payment must be contingent on waiving any claims against the city. D. The city manager shall be subject to periodic evaluation and review. E. The city manager shall receive at least the same benefits as generally received by department heads. (Ord. 19 § 1 (part), 1974) 2.08.170 - Agreements on employment. Nothing in this chapter shall be construed as a limitation on the power or authority of the city council to enter into any supplemental agreement with the city manager delineating additional duties, obligations, policies or terms and conditions of employment consistentne+ innnnsis+en+ with thea-ny provisions of this chapter. (Ord. 19 § 1 (part), 1974) 01203.0001/322265.6 Page 7 A-10