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ORD 019 ORDINANCE NO. 19 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES CREATING AND ESTABLISHING THE OFFICE OF CITY MANAGER, DEFINING THE DUTIES AND POWERS THEREOF AND PROVIDING COMPENSATION THEREFOR AND AMENDING THE MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1. Chapter 1 of Article II of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows : CHAPTER 1 - CITY MANAGER 2101. Office Created. The office of the City Manager of the City of Rancho Palos Verdes is hereby created and estab- lished. The City Manager shall be appointed by the City Council wholly on the basis of his administrative and executive ability and qualifications and shall hold office during the pleasure of the City Council, except as herein otherwise provided. 2102 . Residence. Residence in the City at the time of appointment of a City Manager shall not be required as a con- dition of the appointment, but within one hundred eighty (180) days thereafter the City Manager must become a resident of the City, unless the City Council approves residence outside the City. 2103. Eligibility. No member of the City Council shall be eligible for appointment as City Manager until one Y ear has elapsed after such Council member shall have ceased to be a member of the City Council. 2104 . Bond. 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 said City Council and shall be conditioned upon the faithful performance of the duties imposed upon the City Manager as herein prescribed. Any premium for such bond shall be a proper charge against the City of Rancho Palos Verdes. 2105 . Acting City Manager. In the event that an Assistant City Manager is appointed, such assistant shall serve as manager pro tempore during any temporary absence or disability of the City Manager. In the event there is no Assistant City Manager, the City Manager, by a letter filed with the City Clerk, or if the City Manager shall be unable or shall fail to do so, the City Council shall designate a qualified city administrative officer to exercise the powers and perform the duties of Manager during his temporary absence or disability. In the event the City Manager' s absence or disability extends over a three-month period, the City Council may, after the three-month period, appoint an Acting City Manager. 2106 . Compensation. The City Manager shall receive such compensation as the City Council shall from time to time determine, and said compensation shall be a proper charge against such funds of the City as the City Council shall designate . In addition, the City Manager shall be reimbursed for all actual and necessary expenses, incurred by him in the per- formance of his official duties, including those incurred when travelling on business pertaining to the City. Reimbursement therefor shall only be made, however, 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 City Council may by agreement with the City Manager limit the amount of reimbursement for his actual and nec- essary general expenses, which limit shall not be applicable to items specially authorized by the City Council. 2107. Powers and Duties. 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 effi- cient administration of all the affairs of the City which are under his control. In addition to his general powers as admin- istrative head, and not as a limitation thereon, the City Manager shall have the following powers and duties: 1. Law Enforcement: 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; 2. Authority Over Employees: To control, order and give directions to all heads of departments, and to subordinate officers and employees of the City under his juris- diction, through their department heads. 3 . Power of Appointment and Removal : To appoint, remove, promote and demote any and all officers and employees of the City of Rancho Palos Verdes, except the City Clerk, City Attorney and City Treasurer, subject to all appli- cable personnel ordinances, rules and regulations. 4. Administrative Reorganization of Offices : To conduct studies and effect such administrative organization or reorganization of offices, positions or units under his direction as may be indicated in the interest of efficient, effective and economical conduct of the City' s business. 5 . Ordinances: To recommend to the City Coun- cil for adoption such measures and ordinances as he deems neces- sary. 6 . Attendance 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. 7. Financial_ Reports : To keep the City Coun- cil at all times advised as to the financial condition and needs of the City. 8. Budget: To prepare and submit the proposed annual budget and the proposed annual salary plan to the City Council for its approval. 9 . Purchasing Agent: To purchase all supplies for all the departments or divisions of the City and to submit all expenditures or proposed expenditures to the City Council with his recommendations thereon. 2 . 10. 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 said City. 11. Public_ Buildings: To exercise general supervision over all public buildings, public parks and all other public property which are under the control and jurisdic- tion of the City Council. 12 . Additional Duties : To perform such other duties and exercise such other powers as may be delegated to him from time to time by ordinance, resolution or other offi- cial action of the City Council. 2108. Internal Relations. 2108.1. Council-Manager Relations. The City Council and its members shall deal with the administrative service of the City only through the City Manager, except for the purpose of inquiry, and neither the City Council nor any member thereof shall give orders to any subordinates of the City 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. 2108. 2. Departmental Cooperation. It shall be the duty of all subordinate officers and the City Clerk, City Treas- urer and City Attorney to assist the City Manager in administer- ing the affairs of the City efficiently, economically and harmo- niously. 2108.3 . Attendance at Commission Meetings. The City Manager may attend any 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. 2109. Removal Procedure. 2109 . 1. Removal of Manager. The removal of the City Manager shall be effected only by a majority vote of the whole Council as then constituted, convened in a regular Council meet- ing, subject, however, to the provisions of the next succeeding subsections of Section 2109. In case of his intended removal by the City Council, the City Manager shall be furnished with a written notice stating the Council ' s intention to remove him and the reason therefor, at least ninety (90) days before the effective date of his removal. 2109. 2 . Hearing. Within seven days after the delivery to the City Manager of such notice, he may by written notifica- tion to the City Clerk request a hearing before the City Council- 3. Thereafter, the City Council shall fix a time for the hearing which shall be held at its usual meeting place, but before the expiration of the ninety (9 0) day period, at which the City Manager shall appear and be heard, with or without counsel. 2109 . 3. Suspension Pending Hearing. After furnish- ing the City Manager with written notice of intended removal, the City Council may suspend him from duty, but his compensation shall continue until his removal by resolution of the Council passed subsequent to the aforesaid hearing. 2109 .4. Discretion of Council. In removing the City Manager, the City Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any par- ticular showing or degree of proof at the hearing, the purpose of which is to allow the City Manager to present to said City Council his grounds of opposition to his removal prior to its action. 2109 . 5 . Limitation on Removal. Notwithstanding the provisions of Section 2109 hereinabove set forth, the City Man- ager shall not be removed from office, other than for miscon- duct in office, during or within a period of ninety (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 subsection 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 per- formance of the powers and duties of his office. After the expiration of said ninety (9 0) day period aforementioned, the provisions of Section 2109 as to the removal of said City Man- ager shall apply and be effective. 2110 . Terms of_ Employment,. The City Manager shall devote all the time necessary to fully and completely perform the duties. specified in this Chapter. The City Manager shall not accept outside employment while employed by the City except: (a) he may engage in occasional teaching, writing or consulting on his time off; (b) he may engage in such additional teaching, writing, consulting or other non-city related business as the City Council may expressly authorize. 2111. 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 terms and conditions of employment not inconsistent with any provi- sions of this Chapter. APPROVED AND ADOPTED this 19th day of Feb ruary , 1974, by the following vote : AYES: Buerk, Dyda, Ruth, R. Ryan, M. Ryan NOES: None ABSENT: None .40F / 6-‘1-1-4--- 4111 .. I M•-- or City Clerk 4 . I HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 19 passed and adopted by the City Council of the City of Rancho Palos Verdes at a meeting thereof held on the 19th day of Februar. 1974 , and that said Ordinance was posted pursuant to law. 3$114A.6 ati0.4"ovft, City Clerk 5 . STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CERTIFICATE OF POSTING CITY OF RANCHO PALOS VERDES ) The undersigned declares and certifies under penalty of perjury: That he at all times herein mentioned was and now is the duly qualified and acting City Clerk of the City of Rancho Palos Verdes, California; That on the 2 day of `' t t y o 19 7K, he caused to be posted in three conspicuous publ c places, as required by law, 1 f a copy of which is attached hereto, in the following public places in this City: City Hall 31244 Palos Verdes Drive West Los Angeles County Fire Station 4000 Miraleste Plaza Ridgecrest Intermediate School 28915 Northbay Road Dated this day of !9---� Dated y o 19 /-7 / LEONARD G. WOOD, CITY CLERK EX OFFICIO CLERK OF THE COUNCIL By (3)1444A~.-.— Deputy