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ORDINANCE 486r 3374 ORDINANCE NO. I.A6_ AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, CREATING THE OFFICE OF CITY MANAGER; DEFINING THE DUTIES AND POWERS OF SAID OFFICE; AND PROVIDING COMPENSA- TION THEREFOR. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. OFFICE CREATED. That the office of the City Manager of the City of El Segundo, California, be, and the same is hereby created and established. The City Manager shall be appoint- ed by the City Council wholly on the basis of his administrative and executive ability and qualifications and shall hold office for and during the pleasure 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 the appointment, but within one hundred eighty (180) days thereafter the City Manager must become a resident of the City, or the City Council shall declare the office of City Mana- ger to be vacant. SECTION 3. ELIGIBILITY. No person elected as a Coun- cilman of the City shall, subsequent to such election, be eligi- ble 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. SECTION 4. BOND. The City Manager shall furnish a cor- porate surety bond to be approved by the City Council in such sum as may be determined by the said City Council and shall be condi- tioned upon the faithful performance 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 El Segundo. - 1 - SECTION 5. TEMPORARY MANAGER. In case of the absence or disability of the City Manager, the City Council may designate some qualified city employee to perform the duties of the City Manager during the period of absence or disability of said City Manager, subject, however, to said person furnishing 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 re- ceive such compensation and expense allowances as the City Coun- cil 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 business for which reimbursement is requested, and has been presented to the City Council for approv- al. SECTION 7. POWERS AND 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 ordinance. He shall be responsible for the ef- ficient administration of all the affairs of the City which are under his control. In addition to his general powers as admin- istrative head, and not as a limitation thereon, it shall be his duty and he shall have the powers set forth in the following sec- tion. SECTION 8. LAW ENFORCEMENT. It shall be the duty of the City Manager to enforce all laws and ordinances of the City and to see that all franchises, contracts, permits and privileges - 2 - granted by the City Council are faithfully observed. SECTION 9. AUTHORITY OVER EMPLOYEES. It shall be the duty of the City Manager and he shall have the authority to con- trol, order and give directions to all heads of departments and to subordinate officers and employees of the City under his juris- diction through their department heads. SECTION 10. POWER OF APPOINTMENT. It shall be the duty of the City Manager to, and he shall appoint, remove, promote and demote any and all officers and employees of the City of El Se- gundo, except the City Clerk, City Attorney and City Treasurer, subject to the rules and regulations of the Civil Service Commis- sion, if such a Commission exists. SECTION 11. REORGANIZATION OF OFFICERS. It shall be the duty and responsibility of the City Manager to recommend to the City Council such reorganization of offices, positions, de- partments or units under his direction as may be indicated in the interest of efficient, effective and economical conduct of the City's business. SECTION 12. ORDINANCES. It shall be the duty of the City Manager and he shall recommend to the City Council for adoption such measures and ordinances as he deems necessary or expedient. SECTION 13. ATTENDANCE AT COUNCIL MEETINGS. It shall be the duty of the City Manager to attend all meetings of the City Council unless excused therefrom, except when his removal is un- der consideration. SECTION 14. FINANCIAL REPORTS. It shall be the duty of the City Manager to keep the City Council at all times fully advised as to the financial conditions and needs of the City. SECTION 15. BUDGET. It shall be the duty of the City Manager to prepare and submit the proposed annual budget and the - 3 - `i proposed annual salary plan to the City Council for its approval. SECTION 16. PURCHASING AGENT. It shall be the duty of the City Manager and he shall be responsible for the purchase of i all supplies for all of the departments or divisions of the City. �ti v No expenditures shall be submitted or recommended to the City Q Council except on report and approval of the City Manager. SECTION 17: INVESTIGATIONS. It shall be the duty of the City Manager 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. SECTION 18. PUBLIC UTILITIES - FRANCHISES. It shall be the duty of the City Manager to investigate all complaints in relation to matters concerning the administration of the City Government and in regard to the service maintained by public utilities in said City, and to see that all franchises, permits granted by the City are faithfully performed and observed. SECTION 19. PUBLIC BUILDINGS. It shall be the duty of the City Manager and he shall 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. SECTION 20. HOURS OF EMPLOYMENT. It shall be the duty of the City Manager to devote his entire time to the duties of his office in the interests of the City. SECTION 21. 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. SECTION 22. COUNCIL MANAGER RELATIONS. The City Coun- cil 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 member thereof shall give orders to any subordinates of the City Manager. - 4 - 31 SECTION 23. DEPARTMENTAL COOPERATION. It shall be the duty of all subordinate officers and the City Clerk, City Treasur- er and City Attorney to assist the City Manager in administrating the affairs of the City efficiently, economically and harmonious- ly so far as may be consistent with their duties as prescribed by law and ordinances of the City. SECTION 24. ATTENDANCE AT COMMISSION MEETINGS. The City Manager may attend any and all meetings of the Planning Com- mission, Recreation and Parks Commission, and any other Commis- sions, boards or committees hereafter 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 appoint- ed by the City Council. SECTION 25. REMOVAL OF MANAGER. The removal of the City Manager shall be only upon a three member vote of the whole Council in the City in regular Council meeting; subject, however, to the provisions of the next 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 be- fore the effective date of his removal. SECTION 26. HEARING. Within seven days after the de- livery to the City Manager of such notice, he may by written no- tification 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. - 5 - a T y, SECTION 27. SUSPENSION PENDING HEARING. After furnish- ing 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 2$. DISCRETION OF COUNCIL. In removing the City Manager, the City Council shall use its uncontrolled discre- tion 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 ac- tion. SECTION 29. 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 elec- tion held in the City at which election a member of the City Coun- cil 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. After the expiration of said ninety -day period aforementioned, the pro- visions of the preceding section as to the removal of said City Manager shall apply and be effective. SECTION 30. EFFECTIVE DATE. This Ordinance shall be- come effective at midnight on the thirtieth day from and after the date of the final passage and adoption thereof. SECTION 31. That the City Clerk shall certify to the passage and adoption of this ordinance; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which the same is passed and adopted; and shall cause the same to - 6 - be published once in the E1 Segundo Herald, a weekly newspaper of general circulation published and circulated within said City, and which is hereby designated for that purpose. PASSED, APPROVED AND ADOPTED this 28th day of May, 1956. ATTEST: City Clerk (SEAL) STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES, ) SS. CITY OF EL SEGUNDO. ) .e, Mayor of the Cit of E1 Segundo, California. I. Neva M. Elsey, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of the said City is five; that the foregoing or- dinance, being Ordinance No. 486 , was passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regu- lar meeting of the said Council held on the 28th day of May, 1956, and that the same was so passed and adopted by the following vote: AYES: Councilmen Baker, Frederick, Gordon, Meschuk and Mayor Benfield; NOES: Councilmen None; ABSENT: Councilmen None. WITNESS my hand and the official seal of said City this 28th day of May, 1956. (SEAL) - 7 - Dr), , g2::�, City Clerk of the Cit of E1 Segundo, Californ.' . Affidavit of Publication 6IATE OF CALIFORNIA, COUNTY OF LOS ANGELES, ss CITY OF EL SEGUNDO, .... ............................... being first duly sworn, deposes and says: That -%e is, and at all of the times hereinafter mentioned was, a citizen of the United States of America, over the age of eighteen years, and a resident of the County of Los Angeles, State of California ; that She was, at, and during all of the time of the publication of the instrument hereunto attached the........ ............................................................................. ............................... Editor of EL SEGUNDO HERALD, a newspaper of general circulation, published and circulated weekly in the City of El Segundo, in said County and State; that said newspaper has been so published and circulated at regular intervals of one week for more than one year immediately preceding the nublication of the instrument hereunto annexed; that said newspaper is, and was, at all of the times herein mentioned, a newspaper of general circulation within the meaning of Section 4460 of the Political Code of the State of California; that as provided by said section, said newspaper is published for the dissemination of local or telegraphic news and intelligence of a general cbaracter, having a bons fide subscription list of paying subscribers; that said newspaper is not and was not at any of the times herein refgrred to, devoted to the interests, or published for the entertainment or instruction of a particular class, profession, trade, calling, race or denomination, or for any number of such classes, professions, trades, callings, races or denominations, and that said newspaper is not devoted to or published for, nor was it at any of the times herein mentioned devoted to or published for the purpose, whether avowed )r otherwise, of entertaining or instructing such classes, ,professions, trades, callings, races or denomin- ations, or any of such classes, professions, trades, callings, races or denominations. That the notice, order, ordinance, resolution or instrument hereunto attached on page...... numbered ............................................................................. ............................... hereof in all respects, including subject matter, and size and arrangement of type, is a full, true and correct copy of the said notice, ordinance, resolution or instrument, in words and figures exactly as published; that the same was set and painted in type not smaller than nonpareil and that the body of the same was preceded with words printed in black-face type not smaller than nonpareil, describing and expressing in general terms the purpose and character of the notice, order, ordinance, resolution or instrument intended to be published, as will appear from an inspection of the said annexed instra- ment; that the..... QrdinaRCC.. No #:. 48. ? ........................................................ Of which the annexed is a printed copy as hereinabove stated, was published and printed in said news - paper at least...... 1. ... week.TT.. , by .................... consecutive publication...., commencing on the ..... Ttoll..day of .............1=.0 ......... A. D19 ,56, and ending on the.......... 7; # .... day of ..................... J'Ma ...A. a 19..56., and as often during said time as said newspaper was regu- larly issued, ..„„to-wit: ...................................................................... ..... :.�AM0 .....; =G . !4_319-5.4 ........................... .......................... p Subscribed and sworn to before me this..�o....... day of .. :4xc ice ................ A. D. City clerk of the City of El Seg. o, County of Los Angeles, State of California. Deputy Cityy Clerk ofsaid City.