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Department: City Clerk Item No: C10
Prepared by: Kathy Valdez, City Clerk Meeting Date: September 13, 2022 Approved by: Patrick Johnson, City Manager Agenda Location: Consent Calendar SUBJECT: SECOND READING OF CITY COUNCIL ORDINANCE AMENDING CHAPTER 2.20 OF THE
VISTA MUNICIPAL CODE REGARDING CITY MANAGER AND DEPARTMENT HEADS RECOMMENDATION: Adopt City Council Ordinance No. 2022- , amending Chapter 2.20 of the Vista Municipal Code regarding City Manager and Department Heads.
CORRELATION TO CITY COUNCIL GOALS: Routine operational item not directly corresponding to a specific City Council goal.
PRIOR ACTION: On August 30, 2022, introduced City Council Ordinance No. 2022- amending Chapter 2.20 of the Vista Municipal Code regarding City Manager and Department Heads (Vote: 3-2, Ritter and Franklin opposed).
STATEMENT ON THE SUBJECT: In accordance with Vista Municipal Code Section 2.12.240.D, the ordinance is being presented to the City Council for a second reading and adoption since it did not receive the required four-fifths vote for adoption without a second reading. At the direction of the City Council, a 180-day sunset clause has been added to the ordinance.
FISCAL IMPACT: There is no direct fiscal impact associated with the staff recommendation.
EXHIBITS:
1. City Council Ordinance No. 2022- amending Chapter 2.20 of the Vista Municipal Code regarding City Manager and Department Heads
ACTION:
Approved above recommendation, adopted City Council Ordinance No. 2022-15.
Vote: 4-1 (Ritter opposed)
Clerk/Sec�etary
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ORDINANCE 2022-
AN ORDINANCE OF THE CHARTERED CITY OF VISTA, CALIFORNIA, AMENDING CHAPTER 2.20 OF THE VISTA MUNICIPAL CODE REGARDING
CITY MANAGER AND DEPARTMENT HEADS
A. The City Council wishes to collaborate with the City Manager in the recruiting and hiring of department heads.
NOW THEREFORE, pursuant to its authority under Article 11, Section 7 of the California Constitution, the City Council of the Chartered City of Vista does ordain as follows:
SECTION 1. Chapter 2.20 is amended to the Vista Municipal Code to read as follows:
"Chapter 2.20
City Manager
Sections:
2.20.010 Office Established
2.20.020 Administrative and Enforcement Powers
2.20.030 Powers and Duties
2.20.040 Additional Powers and Duties
2.20.050 Eligibility for Office - Bond -Acting City Manager
2.20.060 Removal from Office - Conditions
2.20.070 Compensation - Reimbursement of Expenses
2.20.080 Vesting of Authority to Appoint the City Clerk Section 2.20.010 Office Established
The Office of the City Manager is established.
(Prior Code 2-18(A); Ord. No. 69-47, Amended 8/18/69; Ord. No. 83-46, Amended 8/22/83) Section 2.20.020 Administrative and Enforcement Powers The City Manager shall be the Chief Executive and Administrative Officer of the City government, and shall enforce the laws of the City and require the faithful performance of all administrative duties.
(Prior Code 2-18(B.1); Ord. No. 69-47, Amended 8/18/69; Ord. No. 83-46, Amended 8/22/83) Section 2.20.030 Powers and Duties
A. General 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 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 001087282 1
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thereon, it shall be his duty and he shall have the powers set out in the following subsections.
B. Authority to Appoint and Remove Employees. The City Manager shall appoint competent, qualified officers and employees to the administrative service and shall have the power to dismiss, suspend and discipline all officers and employees in the administrative service under his control. Notwithstanding sections
2.24.020, 2.28.010, 2.30.010, 2.36.010, 2.40.030 or any other similar provision, with regard to hiring department heads, the City Manager shall make said appointments in consultation and agreement with a majority of the City Council. He shall also have the power to authorize a department head or officer responsible to him to appoint and remove subordinates serving under that department head or officer.
C. Appointments to Acting Capacity. The City Manager shall designate himself or some other officer or employee to perform the duties of any officer or position in the administrative service under his control which is vacant or which lacks administration due to the absence or disability of the incumbent.
D. Annual Report. The City Manager shall prepare and present to the City Council an annual report of the City's affairs, including a summary of reports of department heads, and such other reports as the City Council shall require.
E. Budget Report. The City Manager shall assemble estimates of the financial needs and resources of the City for each ensuing year, and shall prepare a program of activities within the financial power of the City, embodying in it a budget document with proper supporting schedules and analyses.
F. Council-Manager Relations. 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. Should any Council Member make an inquiry, it shall be for the purpose of compiling facts and data for possible future action by the City Council. In no event shall action be taken after completion of the inquiry without City Council approval. The City Manager shall take his orders and instructions from the City Council as a body, and no individual Council Member shall give any orders or instructions to the City Manager or his subordinates. Once decisions have been made by the City Council as a body, it shall be final and conclusive. Further reference to any such decision of the City Council shall not be made by the City Manager except to the City Council as a whole.
G. Enforcement of Laws. The City Manager shall see that the laws of the State pertaining to the City and all laws and ordinances of the City are duly enforced, and that all franchises, contracts, permits and privileges granted by the City are faithfully observed.
H. Attendance of Meetings. The City Manager shall attend all meetings of the City Council unless excused therefrom by the City Council, except when his removal is under consideration by the City Council.
I. Recommendations to City Council. The City Manager shall recommend to the City Council for adoption such measures and ordinances as he deems necessary or expedient. The City Manager shall keep the City Council at all times fully advised as to the financial conditions and needs of the City. The City Manager shall make such other reports and recommendations as may be desirable or as requested by the City Council.
J. Purchases. The City Manager shall purchase, or cause to be purchased by some officer designated by him, all supplies and equipment for all of the departments or divisions of the City. All purchases and expenditures for purchases shall be made in accordance with procedures established by ordinance.
K. Service in Other City Offices. The City Manager shall serve in any appointed office within the City government to which he may be qualified when 001087282 2
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appointed thereto by the City Council, and to hold and perform duties thereof at the pleasure of the City Council.
L. Miscellaneous Duties. The City Manager shall 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. (Prior Code 2-18(B.1); Ord. No. 69-47, Amended 8/18/69; Ord. No. 83-46, Amended 8/22/83) Section 2.20.040 Additional Powers and Duties
A. Prescribe Rules. The City Manager shall have the power to prescribe such rules and regulations as he shall deem necessary or expedient for the conduct of administrative agencies subject to his authority; and he shall have the power to revoke, suspend or amend any rule or regulation of the administrative service by whomever prescribed.
B. Investigate. The City Manager shall have the power, either by himself or by any officer or person designated for the purpose by him, to investigate and to examine or inquire into the affairs or operation of any department, division, bureau or office; and when so authorized by the City Council, he shall have power to employ consultants and professional counsel to aid in such investigations, examinations or inquiries.
C. Overrule Officials. The City Manager shall have the power to set aside any action taken by a department head and may supersede him in the functions of his office.
D. Delegate Duties. The City Manager shall have the power to direct any department, division or bureau to perform the work for any other department, division or bureau.
E. Appoint Administrative Committees. The City Manager shall have the power to designate from the administrative service such committees and the officers thereof as he shall find necessary for the proper consideration of administrative problems. Such committees shall meet at the request of the administrator and shall make such recommendation on matters referred to them as they find necessary for the best interests of the City.
F. Appear before City Council. The City Manager shall have the power to appear before and address the City Council at any meeting. (Prior Code 2-18(B.2); Ord. No. 69-47, Amended 8/18/69; Ord. No. 83-46, Amended 8/22/83) Section 2.20.050 Eligibility for Office - Bond -Acting City Manager A. Eligibility. No person elected as a Council Member of the City shall, subsequent to such election, be eligible for appointment as City Manager until one year has elapsed after such Council Member shall have ceased to be a Member of the City Council.
B. Bond Required. 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.
C. Acting City Manager. The City Manager shall designate an officer of the City to serve as acting City Manager during any temporary absence or disability of the City Manager. In the event or failure to make such designation, the City Council may appoint an officer to perform the duties of the City Manager during the period of absence or disability of the City Manager.
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(Prior Code 2-18(B.3); Ord. No. 69-47, Amended 8/18/69; Ord. No. 83-46, Amended 8/22/83) Section 2.20.060 Removal from Office - Conditions
A. Vote Required. The removal of the City Manager shall be only upon a three member vote of the whole City Council in the City in regular Council meeting, subject, however, to the provisions of the following subsections. In case of his intended removal by the City Council, the City Manager shall be furnished with a written notice stating the City Council's intention to remove him. The effective date of his removal shall be shown upon the written notice.
B. Request for 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, at which the City Manager shall appear and be heard.
C. Discretion of City 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 particular showing or degree of proof at the hearing, the purpose of which is to allow the City Manager to present to the City Council his grounds of opposition to his removal.
D. Limitations.
1. Notwithstanding the provisions of this chapter hereinbefore enumerated, the City Manager shall not be removed from office during or within a period of 90 days 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 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.
2. After the expiration of the 90-day period mentioned in Paragraph 1 of this subsection, the provisions of the preceding subsection as to the removal of the City Manager shall apply and be effective, except where the City Manager is accused of committing acts of moral turpitude or of a violation of any law which would bring disrepute upon his office or has committed any acts of dishonesty, the City Council may forthwith discharge the City Manager upon a majority vote of the City Council without a hearing.
(Prior Code 2-18(B.4); Ord. No. 69-47, Amended 8/18/69; Ord. No. 83-46, Amended 8/22/83) Section 2.20.070 Compensation - Reimbursement of Expenses A. The City Manager shall receive such compensation and expense allowance as the City Council shall from time to time determine, and said compensation and expenses shall be a proper charge against such funds of the City as the City Council shall designate.
B. The 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 an itemized claim, setting forth the sums expended and for which reimbursement is requested, has been presented to the City Council for approval.
(Prior Code 2-18(B.5); Ord. No. 69-47, Amended 8/18/69; Ord. No. 83-46, Amended 8/22/83) Section 2.20.080 Vesting of Authority to Appoint the City Clerk 001087282 4
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Notwithstanding any other provision of this code to the contrary, pursuant to Section 36510 of the California Government Code, the City Council vests in the City Manager the authority to appoint the City Clerk. Such authority shall be broadly construed to include, with respect to the City Clerk, all the authority granted to the City Manager within this chapter.
(Prior Code 2-19; Ord. No. 69-47, Amended 8/18/69; Ord. No. 71-29, Amended 10/12/71; Ord. No. 73-47, Amended 11/26/73; Ord. No. 2003-21, Amended, 08/26/03)" SECTION 2. If any word, sentence, paragraph, or other portion of this ordinance is deemed to be invalid or unenforceable for any reason by a court of competent jurisdiction, the City Council declares its intent that all remaining words, sentences, paragraphs or portions of the ordinance not held to be invalid or unenforceable shall remain in full force and effect, and shall be so construed, as if the original ordinance did not contain the invalid or unenforceable language.
SECTION 3. This ordinance shall be fully effective and in force on the thirty-first (31 st) day following the date of its adoption.
SECTION 4. The changes to section 2.20.030(B) made by this ordinance shall automatically be repealed on the 181 st day after this ordinance becomes effective and the text of section 2.20.030(B) shall automatically revert back to the text as it existed just prior to the effectiveness of this ordinance unless a later enacted ordinance provides otherwise.
INTRODUCED at a meeting of the City Council held on August 30, 2022, and ADOPTED at a meeting held on September 13, 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
JUDY RITTER, MAYOR
APPROVED AS TO FORM: ATTEST:
WALTER CHUNG, CITY ATTORNEY KATHY VALDEZ, CITY CLERK By: By:
APPROVED
Walter C.Chung
20220831154538
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ADD TO PACKET
From: Ken PulskamD
To: Kathy Valdez
Subject: Opinion of California City Management Foundation Date: Monday,September 12,2022 6:02:31 PM
Attachments: letter to Vista.odf
Hello Kathy. I request that the attached be read into the record at the Council meeting tomorrow. Thank you.
Ken Pulskamp
Executive Director
California City Management Foundation
C10
U
September 12, 2022
City of Vista Mayor and City Council
200 Civic Center Drive
Vista, CA 92084
RE: "Second Reading of City Council Ordinance Amending Chapter 2.20 of the Vista Municipal Code Regarding City Manager and Department Heads" Please read this into the record.
City of Vista Honorable Mayor and City Council Members, This correspondence is regarding agenda item C-10 stated above. The California City Management Foundation (CCMF) exists to promote and encourage excellence in city management in ail of California's 480+ incorporated cities and towns. Also, working with the International City/County Management Association (ICMA) we help establish ethical standards in the industry. One of the main tenants of a Council/Manager form of government is the system of local government that combines the strong political leadership of elected officials in the form of a council or other governing body, with the strong managerial experience of an appointed local government manager.
CCMF, along with many other state and nation-wide local government e organizations recognize the importance of the separation of setting policy and implementing and managing the council's policy. To manage any entity the City Manager must have control over the professional hiring and firing policies. The Human Resources processes are rigorous, encompassing hiring panels of experts and testing for professional expertise. Many times nation-wide searches are conducted. Most agencies though also have succession planning programs to develop employees to compete and promote from within which enhances employee morale. The City Manager, with his/her expertise and training is the best judge of which process to utilize.
Our organizational experience has repeatedly shown if council members are directly involved in the hiring process, the integrity of the process is diluted, controlled by ulterior motives and leads to political based appointments instead of expertise based appointments.
CCMF urges you to not adopt this ordinance and dilute the City Manager's authority for the City of Vista.
Respectfully Yours,
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