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:
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• 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.
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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:
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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.
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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)
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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)
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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)
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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;
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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)
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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
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(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.
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(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)
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