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Ordinance Number 175268 ORDINANCE NO. 175 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO ESTA$LISHING THE COUNCIL-MANAGER FORM OF GOVERN- MENT AND REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH The City Council of the City of San Juan Capistrano does hereby ordain as follows: SECTION 1. Office Created. That the office of the City Manager of the City of San Juan Capistrano be, and the same is hereby created and established. The City Manager shall be appointed by a majority vote of the City Council. SECTION 2. Residence. - Residence in the City at the time of appointment of a City Manager shall not be required as a condition of appointment, but within one hundred eighty.(180) days thereafter the City Managermust become a resident of the City, or the City Council shall declare the office of City Manager to be vacant.. - -- SECTION 3. Eligibility.- .-._ No person elected as.a Councilman of the City shall, subse- quent to such election, be eligible for appointment--as-City Manager until one year has elapsed after such Council membershallhave ceased to be a member of the City Council. SECTION 4. 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 perform- ance 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 San Juan Capistrano. -SECTION-5. Temporary -Manager. The City Manager shall appoint, subject to the approval of the City Council, one of the other officers or department heads of the City to serve as manager pro tempore during any temporary absence or disability of the City Manager. In case of the apsence or disability of the City Manager and his failure to appoint a manager pro tempore, the City Council may designate some qualified City employee to perform the duties of the City Manager during the period of absence or dis- ability of said tCity Manager, subject however, to said person furnish- ing a corporate surety bond conditioned upon faithful -performance of the duties required to be performed as set forth in Section 4 hereof. SECTION 6. Compensation. The City Manager shall receive such compensation and expense allowances as the City Council shall from time to time determine and fix by resolution and said compensation and expenses shall be a proper charge against such funds of the City as the City Council shall designate. Said City Manager shall be reimbursed for all sums necessarily incurred or paid by him in the performance of his duties or incurred when traveling on business pertaining to the City under direction of the City Council; reimbursement shall only be made, however, when a verified itemized claim setting forth the sums expended for such busi- ness for which reimbursement is requested, has been presented to the 269 r City Council for approval. SECTION 7. Duties and Powers of City -Manager. The City Manager shall, as the chief agent and executive officer of the City Council, be the administrative head of the govern- ment of the City under the direction and control of the Council except as otherwise provided in this Ordinance. He shall be responsible for the efficient and effective administration of all the affairs of the City which are under his control. In all matters of major importance such as, but not limited to hiring and firing of department heads, major municipal programs, fiscal policies, reorganization or substan- tive change in organizational assignments, and any administrative act that affects the formulation or implementation of legislative policy, the City Manager will whenever possible, consult in 4dvance with the City Council. The purpose of this requirement is to fully inform the Council and learn of its judgment in the matters being considered. In addition to his general powers as administrative head, and not as a limitation thereon, it shall be the City Manager's duty and he shall have the powers set forth in the following sub -sections: (a) To see that all laws and ordinances of the City are duly enforced and that all franchises, permits and privileges granted by the City are faithfully observed. (b) To control, order and give directions to all heads of departments and to subordinate officers and employees of the City through their department head; transfer employees from one department to another and to, consolidate or combine offices, positions, departments or units under his direction; to appoint, remove and demote any and all officers and employees of the City, except the City Clerk, 'the City Attorney and the City Treasurer. The City Manager shall also have the power to appoint an Assistant City Manager subject to the approval of the City Council. (c) To exercise control over all departments of government of the. City and over all appointive officers and employees thereof. (d) To attend all the meetings of the Council unless excused therefrom by said Council and to formulate and recommend to the Council for adoption such policies and ordinances as he deems necessary or expedient. (e) To keep the Council at all times fully advised as to the financial conditions and needs of the City and to prepare and submit the proposed annual budget and the proposed annual salary plan to the Council for its approval. (f) To purchase all supplies for all of the departments or divisions of said City. No expenditure. shall be submitted or recom- mended to the Council except on report or approval of the City Manager. (g) 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 running to the City. He shall further investigate all complaints in relation to matters concerning the adminis- tration of the City Government and in regard to the service maintained 270 by public utilities in said City and to see that all franchises, per- mits and privileges granted by the City are faithfully performed and observed. (h) To exercise general supervision over all public buildings, public parks and all other public property which is under the control and jurisdiction of the Council. (i) The City Manager may attend any and all meetings of any commissions, boards, or committees hereafter created by 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. (j) To develop and organize necessary public improvement projects and programs authorized by the City Council and to aid and assist the Council and various departments in carrying the same through to successful conclusion. (k) To cooperate within lawful limits, with all community organizations whose aim and purpose is to advance the cultural and material interests of the City and its people; and to provide them, within lawful limits, with assistance through the City government. (1) To perform such other duties pertaining to his position as the City Council may from time to time reasonably require. SECTION 8. Agency for Council. Limitation - The City Manager shall act as the agent for the City Council in the discharge of its administrative functions, but shall not exercise any policymaking or legislative functions whatsoever nor attempt to commit or bind the Council or,any,member thereof to any action, plan or program requiring official Council action. SECTION 9. Duties Vested Elsewhere. It is not intended by this resolution to grant any authority to, or impose any duty upon the.City Manager which is vested in or imposed by general law or valid City Ordinance in any other City Com- mission, board, department, officer or employee. SECTION 10. Qualifications and Standard of Conduct. The City Manager shall be chosen by the Council solely on the basis of his eAcutive and administrative qualifications with special reference to his actual experience in or his knowledge of accepted practice in respect to the duties of his office. In the discharge of his duties as City Manager, the person holding such position shall endeavor at all times to exercise the high- est degree of tact, diplomacy, patience and courtesy in his contacts with the public and with all City Commissions, boards departments, officers and employees, and shall use his best efforts to establish and maintain a harmonious relationship between all personnel employed in the government of the City to the end that the highest possible stand- ards of public service be continuous. SECTION 11. Council -Manager Relations. The City Council and its members shall deal with --the adminis- 271 trative services of the City only through the Cityt 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 held meeting of the City Council and no individual councilman shall give any orders or instructions to the City Manager. SECTION 12. Department Cooperation. Itshallbe the duty of all subordinate officers and the City Clerk, City Treasurer and City Attorney, to assist the City Manager in administering the affairs of the City efficiently, economically and harmoniously so far as may be consistent with their duties as prescribed by law and ordinances of the City. $ SECTION 13. Removal.o£ Manager. The removal of the City Manager shall be -only -upon a three- fifths (3/5) vote of the whole Council in regular Council meeting, sub- ject however,.to the provisions ofthenext succeeding sections. 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 thirty days before the effective date -of his removal. SECTION 14, Hearing. Within seven days after the delivery to the City Manager of such notice he may, by 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 of the thirty day period, at which the City Manager shall appear and be heard, with or without counsel. SECTION 15. 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. SECTION 16. Discretion of Council. In removing the City Manager, the City Council shall use its unqualified 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 Manager to present to said City Council his grounds of opposition to his removal prior to its -- action. SECTION 17. Limitation on Removal. Notwithstanding the provisions of this ordinance 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 of this provision is to allow any newly elected member of the 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 said ninety -day period afore- mentioned, the provisions of the preceding section as to the removal 2'x:2 of said City Manager shall apply and be effective. SECTION 18. Severability. If. any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid, such decision or decisions shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid. SECTION 19. Repeal of Inconsistent Laws. All resolutions, ordinances or parts thereof in conflict with or inconsistent with the provisions of this ordinance are hereby repealed. SECTION 20. Effective Date. This Ordinance shall take effect and be in force thirty (30) days from and after its passage, and prior to the expiration of fifteen (15) days after the passage thereof, this Ordinance shall be published once in the Coastline Dispatch, a local newspaper, together with the names of the members of the City Council voting for or against the same. PASSED, APPROVED and ADOPTED this 28th day of June, 1971, at a regular meeting of the City Council of the City of San Juan Capistrano, by the following vote, to wit: AYES: COUNCILMEN: BATHGATE, CHERMAK, GAMMELL, THORPE and FORSTER NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE Thomas A.YorSter, Mayor City of San Juan Capistrano ATTEST: ty 4erco to iy San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAf CAPISTRANO ) I, DONALD G. WEIDNER, City Clerk of the City of San Juan Capistrano, Califonnia, do hereby certify that the attached and fore- going Ordinance was duly and regularly adopted by said City Council at a: -regular meeting thereof held on the 28th day of June, 1971 Lulerx i y er