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HomeMy WebLinkAboutCC Ord 457 1954-09-07 r~~;;;;'I';;.I, '; -:'-~'~~~O~Y'-'. ~ NOT ....vl, _ 'fA!:::~ F OM 1 TH6 CITl LERj{'5 OFFICE L:. <.; I, r III · o ~< ;;l "- -z Ill~'" <"" ~.J=~= z...::J.J.... <1~6 l!: .. O :t. "z III ~D ~ ~mi :iI~.m ....<Dw .. oZ ;; -" -< ~.J /Il ~ I PAGE \ 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 . . . . . ORDINANCE NO. tIS 7 3 ORDINANCE OF THE CITY OF SEAL BEACH CREATING AND ESTABLISHING A CITY MANAGER FORM OF GOVERNMENT FOR SAID CITY, AND DEFINING THE AUTHORITY, POWER AND DUTIES OF THE CITY MANAGER 4 5 6 THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES 7 ORDAIN AS FOLLOWS: 8 Section 1. Office of City Manager created. 9 The office of City Manager of the City of Seal Beach is hereby cre- ated and established. The City Manager shall be appointed by the majority vote of the City Council solely on the basis of his executive and administra- fPlnf ~'~F::6;!.1U. tive qualifications and abillty, and shall hold office at and during the pleasure ^ of the City Council. Section 2. Eligibility. Residence in the City of Seal Beach at the time of appointment shall not be required as a condition of appointment; however, within 180 day after his appointment, the City Manager must be a resident of the City, othe - wise the City Council may declare the office of City Manager vacant. No person elected to membership on the City Council, shall, sub- sequent to such election, be eligible for appointment as City Manager of the City of Seal Beach until one year has elapsed after he has ceased to be a member of the City Council. Section 3. Bond. The City Manager shall furnish a corporate surety bond to be ap- proved by the City Council in such sum as may be approved by the City Council, and shall be conditioned on the faithful performance of the duties imposed on the City Manager as herein prescribed. The premium on such 31 bond shall be paid by the City of Seal Beach. 32 -1- I ld · z o 00( " "- ... -z 1Il~ 'IE ~." =St~: ~I" ~ ~ i II: .. o ~ III . ..:l ~m~ :.II!:." "0(. ... oZ )1 11I9 -< t III ~ I PAGE Ordinance Number Section 4. Absence. 2 3 The City Manager shall appoint, subject to the approval of the City Council, one of the other officers or department heads of the City of Seal 4 Beach to serve as City Manager, pro tempore, during the temporary absence 5 6 or disability of the City Manager, and in the event that the City Manager fails to make such appointment, the City Council may designate a City Mana- 7 8 9 ger, pro tempore. Section 5. Compensation. 10 The City Manager shall receive such compensation as the City 11 12 13 Council shall from time to time determine and fix, and said compensation shall be a proper charge against such funds of the City and the City Council shall designate such funds. 14 Said City Manager shall be reimbursed for all sums necessarily in- 15 16 17 curred or paid by him in the performance of his duties, or incurred when traveling on business pertaining to said City under direction of the City Coun- 18 cil; reimbursement shall only be made, however, when a verified itemized 19 claim, setting forth the sum expended for which reimbursement is requested, 20 has been presented to the City Council, andby said City Council duly approved 21 and allowed. 22 23 Section 6. Powers and Duties. The City Manager shall be the administrative head of the City Govern 24 25 26 ment under the direct ion and control of the City Council, except as otherwise provided in this Ordinance. He shall be responsible for the efficient adminis- 27 tration of all the affairs of the City which are under his control. In addition 28 29 30 31 32 to his general powers as administrative head, and not as a limitation thereon, it shall be his duty and he shall have the power: -2- I lIII · z o Do( ~ .- -z Ill~'" ""D =~~~: ~I~ ~ ~ i II: .. o ~ IJJ D ~ 'm x :ili:." · ....0(0 ... .z :ll .D <II t.J IJJ ~ I PAGE 8 9 10 " 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Ordinance Number 1. To see that the laws of the State of California pertaining to the 2 3 4 City and all laws and ordinances of the City are duly enforced, and that all franchises, permits and privileges granted by the City are Faithfully ob- 5 6 served. A. . /Pmt T1f6. qN5601T p~ ritE ~//Tf U/1/.N~.Il.. 2. II To appoint, promote, disci~line, demote and remove the Chief of Police, all heads of departments, and all subordinate officers and em- 7 p10yees of the City except the City Clerk, the City Attorney, and the City lIJiI1f TI16 ~I9Nr,;=- rHe t/~ Ci?PAl~/~ Treasurer; to transfer employees from one department to another, and to ,.. consolidate or combine offices, positions, departments or units under his jurisdiction. 3. To exercise control over and to supervise in general all depart- ments and divisions of the City Government and all appointive officers and employees thereof except the City Clerk, the City Attorney and the City Treasurer. 4. To attend all meetings of the City Countil and its committees, unless excused therefrom by the City Council, except when his removal is under consideration by the City Council. He shall have the right to be heard by the Council but shall have no vote on any matter before it. He may also attend meetings of the Planning Commission, boards and committees ap- pointed by the Mayor or City Council, with the right to be heard but without any right to vote unless he shall be named by the City Council to some boar or commission with specific authority to vote. 5. To recommend to the City Council for adoption such measures and ordinances as he deems necessary or expedient. 6. To keep the City Council at all times fully advised as to the financial conditions and needs of the City. 7. To prepare and submit to the City Council the annual budget and to administer it after adoption. -3- I III D Z o D-C ~ .- -z ~~'''' ~.O Q:l~~: ~... ~ ~ ! liI .0 o u~ ill -Co ~ "mJ: liI!:o",. ~<(~z :ll .0 <II ~.J ill ~ I PAGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 . Ordinance Number 8. To prepare and submit to the City Council a monthly report of 2 3 activities of city agencies, offices and departments, and to prepare and 4 recommend to the City Council a salary plan. 5 6 9. To purchase or cause to be purchased all supplies for all of the departments or divisions of the City. No expenditure shall be submitted or 7 8 9 recommended to the City Council except upon report or approval of the City Manager. 10. To make investigations into the affairs of the City and any de- 10 11 partment or division thereof, and any contract or the proper performance of any obligation running to the City. 11. To investigate all complaints in relation to matters concerning the administration of the government of the City and in regard to the service maintained by public utilities in the City, and see that all franchises, permits and privileges granted by the City are faithfully observed. 12. To exercise general supervision over all public buildings, public parks, streets and other public property which are under the control and jurisdiction of the City Council. 13. To devote his entire time to the duties and interests of the City. 14. To make reports and recommendations as may be desirable or as requested by the City Council. 15. To carry out and enforce any Council policies established with respect to rules and regulations concerning city personnel. 16. To perform such other duties andexercise such other powers as may be delegated to him from time to time by Ordinance or Resolution of the City Council. 17. In addition to the ~oregoing duties, the City Manager shall serve in any appointed office to which he may be qualified and appointed by the City Council, or may serve as an ex-officio member of all board and commission -4- I III · z o 0< P .- -z =~ 'IX ~mo Q.Jt~: Z~::J.J'" <1<1; Ii: .0 o ~ III <D ..:I '::z: :.l!:O.. · ~.gz ::il .e -< ~.J III ~ I PAGE 10 " 12 13 14 15 16 17 18 19 20 21 22 23 24 , . Ordinance" Number to which he shall be appointed by the Mayor or City Council, with the right 2 3 4 to participate therein but without right to vote. Section 7. Duties of Other Officers. 5 6 It shall be the duty of all subordinate officers, including the City Clerk, the City Treasurer and the City Attorney, to cooperate with and 7 assist the City Manager in administering the affairs of the City most efficient 8 ly, economically and harmoniously so far as may be consistent with their 9 duties as prescribed by law and the ordinances of the City of Seal Beach. Section 8. Terms of Subordinates. "'0 Upon any appointment of a City Manager, the terml o~subordinate officerj i:6 employeel over which he has the power of appointment shall cease upon his taking office. ul!l:le88 they 11." . "........ui.ul"d by him, p' uvided, h , , itttl1nl.ll:l" . Section 9. Orders and Direction. The City Council and its members shall deal with the administrative services of the City only through the City Manager, except for the purpose of inquiry, and neither the City Council nor any members thereof shall give orders to any subordinates of the City Manager. Section 10. Removal of City Manager. The removal of the City Manager shall be only on a majority vote of 25 the whole Council. (Subject, however, to the provisions of the next succeed- 26 27 28 29 30 31 32 ing section). In case of his intended removal by the Council, the City Mana- ger shall be furnished with a written notice stating the Council's intention to remove him and the reasons therefor at least thirty days before the effective date of his removal. Within seven days after delivery to the City Manager of such notice, he may by written notification to the City Clerk request a public hearing -5- I III D {) ~< ~ .- -z III~'.. ~IID Q.J~~: ~I~ ~ ~ i Ii!; .0 o c~ III ~D ~ "11D~ :iI!:O.. ~<gz ;l:j WD ~ ~.J III i I PAGE .~ .. ~ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Ordinanc~ N~be~ before the Council. Thereafter, the Council shall fix a time for the public 2 hearing, which shall be held at its usual meeting place, but before the ex- 3 piration of the thirty day period, and at which time the City Manager shall 4 appear and be heard. 5 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 subseque t to the aforesaid public hearing. In removing the City Manager, the City Council shall use its un- controlled 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 publicly present to the City Council , his grounds of opposition to removal or to its action. Section 11. Removal After Municipal Election. Notwithstanding the provisions of the ordinance hereinbefore enumerated, the City Manager shall not be removed from office during or within a period of ninety days next succeeding any general municipal election held in said City at which said election a member of the City Council is elected. The purpose of this provision is to allow any newly elected membe 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 said ninety days period aforementioned, the provisions of the preceding section as to the removal of the City Manage shall apply and be effective. Section 12. The City Clerk shall certify to the passage and adoption of this ordinance by the City Council, and shall cause the same to be printed and published once in the Seal Beach Post and Wave, a newspaper of general ,6 I III · z o ii< p .- -z Ill~'.. ~.1I Qj=~= ~I"~~~ l!: .~ o ~ III 0 ~ 'm::t: :.It:~..' ~o(~z ~ w9 -< t III ~ I PAGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Ordinance Nu~er " , circulation printed, published and circulated in the City of Seal Beach 2 3 4 5 6 7 8 9 PASSED, APPROVED AND ADOPTED by the City Council of the City 7 El day of of Seal Beach as a regular meeting thereof held on the .5,e'TE4IB.FH , 1954. L \ /~c""~~~_/A"/-"'---' J CITY CLERK 10 MAYOR OF THE CITY OF SEAL BEACH -7- r 1 2 3 4 5 6 7 8 9 10 11 12 III . 13 I) z DC P "- 14 -z =~ 'IE "0 =~~~= 15 l(;~:J.J'" . (E<( 'It I-Ua ~. .0 16 ,!:t III ~ I!I U Z '.~ . r. 17 \l'~;mf pc." .z 18 ;:!l wO -< ~.J !JJ ~ 19 20 21 22 23 24 25 26 27 28 29 Il ~ ............ Ordinance Number STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SEAL BEACH ) I. F. W. HICKMAN. City Clerk of the City of Seal Beach and ex- officio Clerk of the City Council. do hereby certify that the above and fore- going Ordinance was duly passed. approved and adopted by the City Council of '~ the City of Seal Beach at a regular meeting thereof held on the 7~ day of 5Jt~rl'.MJ3IR . 1954, by the following vote: - AYES. Councilmen t!.AJ.V~ I=J.~""A~ J..FtlHAII9 J..AIIIHI'I'J~ c.,(,4(f' NOES. Councilmen .AlDNH' ABSENT. Councilmen A/D#J,'" P ASS. Councilmen. h" AI G DATED: ~p~rArM~;R F. If~~ , ~,;dtJA~:,,, . , CITY CLERK (