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HomeMy WebLinkAboutORD FOR INTRODUCTION 5-18-81ORDINANCES FOR INTRODUCTION NO. 1 5-18-81 AGENDA ITEM: ORDINANCE NO. 848 An Ordinance of the City Council of the City of ?ustim, California, AMENDING THE TUSTIN CITY CODE TO CR_~ATE A~ ESTABLISH THE OFFICe. OF CITY MANAGER BACKGROUND: This Ordinance was continued, from the May 4, 19~1 meetinq in order for Council to further study it. RECOMMENDATION: ~.O.- That Ordinance No. 84~ have first readinq ~; title only. }{.0.- That Ordinance ~©. 8Jn b~ iat£oduce~. 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 2O 22 23 24 25 26 27 28 £9 31 3~ ORDINANCE NO. 848 AX ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF TUSTIN, CALIFORNIA, kMz~NDING THE · ~TI_~ CITY CODE TO CREATE AND ESTABLISH ..... OFFICE OF CITY MANAGER Ln~ City Council of the City of Tustin, California, hereby ordains that Chapter 4, Section 1411 throuqh 1417 be amended as follows: 1. Section 1411 is hereby amended to read as follows: 1411 OFFICE ESTABLISHED The office of the City Manager is hereby created and established. The City Manager shall be appointed by the City Council wholly on the basis of his administrative an~ executive ability and qualifications and shall hold office at and during the pleasure of the City Council. (a) RESIDENCE REQUIREMENTS Residence in the City shall not be required as a condition of appointment. (b) ELIGIBILITY FOR APPOINTMENT _~_ cerson elected as a Councilman o~ the City sh~ , s~bs-~i'lenE to such .... el~.~.l( .... be eligible for appointment as City Manager until one (1) year has elapsed a=~=r such Council member shall have ceased to be a member of the City Council. (c) COMPENSATION The City Manager shall receive such compensation and expense allowances as the City Council shall from time ~ e~me de~-=z~ne and duly fix, and such compensation and ex7ense shall be a proper charge against such funds of the City as the City Council shall designate. (d) POSITION TO BE FULL-TIME The position of City Manager shall be full-time and the ~ana~er shall have no other employment without prior 1 2 $ 5 6 ? 8 !0 !? 18 20 22 23 25 27 28 i Council approval. (e) APPOINTMENT OF MANAGER PRO TEMPORE The City Council may from time to time appoint a Manager pro tempore, to serve during any temporary absence or disability of the City Manager. 2. Section 1412 is hereby amended to read as follows: 1412 COUNCIL-CITY [~NAGER RELATIONSHIP The City Council and its members shall deal with the administrative services of the City only through the City Manager, and except for the purpose of inquiry, neither the City Council nor any member thereof shall give orders to any subordinates of the City Manager. The City ~!anager shall take his orders and instructions from the Cit!' Cou~ci] when sitting in a duly held meeting of the City Council, and no individual Council member shall give orders or instructions to the City Manager. 3. Section 1413 is hereby amended to read as follows: 1413 ASSISTAXCE FROM OTHER CITY OFFICERS It shall be the duty of all subordinate officers and the City Clerk, City Treasurer and City Attorney to assist the City Manacer as well as the City Council in administerin~ the affairs of the City efficiently, economically and harmoniously so far as may be consistent with their duties as prescribed by the laws and ordinances of the City. 4. Section 14~4 is hereby amended to read as follows: 1414ATTENDANCE AT MEETINGS OF CO>QIISSIONS, BOARDS AND CO~4ITTEES The City Manager may attend any and all meetings of the Planning Agency, and any other department, commission, board , or ~ committee hereafter created by the City Council upon his own ii volition or upon direction of the City Council. At such meetings 30 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. He shall inform such members as to the status of any matter being considered by the City Council. --2-- 5. Section 1415 is hereby amended to read as follows: 1415 POWERS AND DUTIES GENEP~ALLY 3 The City Manager shall be the administrative head 4 of the government of the City under the direction and subject 5 to policy set by the City Council, except as otherwise provided 6 in this cha~ter. He shall be responsible for the efficient administration of all a~a~rs of the City. He shall have and e>:ercise all powers and duties assigned to him by statute and such other authority as may be ~ranted by the City Council. 10 Without limiting the foregoing general grant of powers, 11 responsibilities, and duties, it shall be his duty and he shall have the powers set forth in the followinc subsections. 14 15 16 (a) ENFORCEMENT OF LAWS, FRANCHISES, CONTRACTS PEP~MITS, ETC. It shall be the duty of the City ~lanager to see ~hat all laws and ordinances of the City are, enforced and to see that all franchises, contracts, permits, and privileges 18 2'1 { sh:-~ll have zhe authority zo control, order and give directions 22 23 25 26 27 28 29 30 5! o'ranted by ~he City Council are faithfully observed. (b) AUTHORITY OVER DEPA ...... E~.~ HEADS It shall be the duty of the City Manager and he to all heads o~ departments, except the City Clerk, City Attorney !nd City Treasurer. (c) POWERS AS DIRECTOR OF PERSONNEL It shall be the duty of the City ~anager to act as 9irector of Personmel. He shall inave the authcrity to appoint promote, discipline, demote, remove, reassign, or dismiss all department heads, officers, and employees of the City, except the City Clerk, the City Treasurer, and the City Attorney, subject to any and all applicable rules, re¢~ulations, position allocations and financial appropriations. All department heads, officers, and employees shall perform their duties subject to the direction --3-- 1 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 of the City Manager or that of the superior to whom the Manager may assign such officer or employer, Provided, that the Manager may delegate to any other department head, officer or employee the authority to hire or discharge any employees or officers so designated by the Manager. For all department heads, officers and employees, normal merit pay increases will be approved or denied by the City Manager. Exceptional merit pa%, increases for all department heads, officers and employees must be approved by the City COuncil. (d) REORGANIZATION OF OFFICES, POSITIONS, ETC. It shall be the duty and responsibility of the City Manager to reorganize, consolidate or combine duties, offices, positions, departments or un~= under his direction within the limits established by this code or the annual budget, as may be indicated in the interest of efficient, effective and economical conduct of the City's business. (e) DUTY TO RECO~.~E)~D ADOPTIOH OF NECESSARY MEASURES A~.~ .O~iDI?ANCES It shall be the duty of the City Manager to recommend to the City Council for ~do .... .... ~uch measures and ordinances as he deems necessary or ex~eazent for the welfare of the Citv. (f) ATTENDA?C? AT COU)~CIL MEETINGS REQUIRED It shall be the duty- of the Cit~ _~lanager to attend all meetings of the City Council unless excused therefrom, except when his removal is under consideration. (g) FINANCIAL P, EPOKTS TO CITY COUXCIL REQUIRED It shall be the duty of the Citl~ Manager to keep the City Council at all times fully advised as to the financial con- ditions and needs of the City, and to oreaare short-range and long-range financial plans as necessary and desirable. (h) PREPARATIO~ ,,OF ANNUAL BUDGET A:~D SALARY PLAN It shall be the duty of the City Manager to prepare -4- and submit the proposed annual budaet and the proposed annUal salary plan to the City Council for its approval and to be responsible for their administration after adoption. 4 (i) TO ACT AS PURCHASING AGENT 5 6 ? 8 9 It shall be the duty of the City Manager to ~urchase or cause to be purchased all supplies for all the d~artments ani divisions of the City. No expenditures shall be submitted or recommended to the City Council except on report an~ approval of the City Manager. l0 (j) INVESTIGATION - AFFAIRS AND OBLIGATIONS OF CITY It shall be the duty of the City Manager to make investigations into the affairs of the City and any department or f, ivision thereof and any contract for the .?roper performance 14 16 19 of any obligations of or to the City. (k) COMPLAINTS; SERVICE BY PUBLIC UTILITIES, FP~%NCHISES AND PER~ITS It shall be the duty of the City ~ana~er to investigate all complaints in relation to matters concerning the administration of the City Government and in regard to the service maintained by ~ublic utilities in the City and to see that all franchises, permits and privileges granted by the City are faithfully per- fo~med and. observed. {I) SUPERVISION OVER PUBLIC P~OPE~TY It shall be the duty of the City Manager to exercise c ..... al supervision over all public bu~lc~n,s, public parks, streets, and all other public pro~oerty which is under the control an~ jurisdiction of the City Council and not specifically assigned to another board or officer for care and control. (?.) REPORTS AND RECOM~,~.ENDATIONS It shall be the duty of the City Manager to m~ke such ~:e~,orts and recommendations as may be necessary or desirable or as are' requested by the City Council. 1 2 5 6 7 8 9 10 11 12 13 14 15 16 19 2O 21 22 24 25 26 27 28 29 3O 31 32 (n) SERVICE AS OFFICER OR DEPARTMENT HEAD It shall be the duty of the City ~lanager to serve in any appointive office or as head of a department or division in the City Government to which he is qualified when appointed thereto by the City Council and to hold and perform the duties thereof at the pleasure of the City Council. (o) LEADERSHIP FOR CIVIC ~!OVE~NTS It shall be the duty of the City Manager to provide leadership for civic movements to benefit the residents of the City when so authorized by the City Council. (p) ADDITIONAL DUTIES It shall be the duty of the City Manager to perform such other duties and exercise such other powers as may be delegated to him from time to time by ordinance or resolution or other action of the City Council. 6. Section 1416 is hereby amended to read as follows: 1416 REMOVAL FROM OFFICE (a) REQUIRED VOTE; P~OTICE OF INTEi!TION TO REPROVE The removal of the City Manager shall be only upon a three--mem~er or more vote of the whole Council in the City in regular Council meeting, subject, however, to the provisions of the next succeeding subsections. In case of his intended removal by the Cit~? Council, the City ~,~ana~er shall be furnished with a written notice statinc the Council's intention to remove him and reasons therefor at least thirty days before the effective date of his removal. (b) HEARI>[G BY COUNCIL Within seven (7) days after the delivers, to the City Manager of such notice, he may, ]Dy written notification to the City Clerk, request a hearing before the City Council. Thereafter the City Council shall fix a time for the hearing, which shall be held at its usual meeting place but before the expiration -6- 1 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 of the thirty-day period, at which the City Manager shall appear and be heard with or without counsel. (c) SUSPENSION PENDING HEARING After furnishing 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. (d) DISCRETION OF COUNCIL; DECISION TO BE FINAL 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 particular showing or degree of proof at the hearing, the purpose of which is to allow the City Manaaer to present to the City Council his grounds of oDposition to his removal prior to its action. (et LIMITATIONS ON REMOVAL N©twitbstanding the provisions of this article hereinbefore enumerated the City Manager shall not be removed from 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 o~ this provision 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 such ninety-day period aforementioned, the nrovisions of the preceding subsection as to the removal of the City Manager shall apply and be effective. 7. Section 1417 is hereby amended to read as follows: 1417 WRITTEN NOTICE OF RESIGNATION REQUIRED The City Manager shall give the Council thirty (30) days' written notice of his intention to resicn. /// -7- 4 § ? 8 10 11 15 17 19 20 28 PASSED AND ADOPTED at a regular meeting of the City Council, City of Tustin, California, held on the day of , 1981 ~YOR ATTEST: CITY CLERK -8-