Chapter 30 — CITY COUNCIL AND OFFICIALS

Pursuant to Cal. Government Code §§ 36501 and 36505, the following are hereby designated as the city officers:

• (A) City Clerk;

• (B) Fire Chief;

• (C) City Treasurer;

• (D) Chief of Police;

• (E) Community Development Director;

• (F) Finance Director;

• (G) Parks and Recreation Director;

• (H) City Engineer;

• (I) City Attorney; and

• (J) City Manager.

(Prior Code, § 2105) (Ord. 75-11, passed 3-15-1975; Ord. 94-5, passed 7-27-1994)

(A) The salaries and compensation of officers and employees of the city shall be as fixed and determined by resolution of the City Council, except those fixed herein.

(Prior Code, § 2200)

(B) (1) Each member of the Council shall receive, as a salary, the sum of $720 per month and, pursuant to Cal. Government Code § 36516.1, as may be amended from time to time, the directly-elected Mayor shall receive, as a salary, $900 per month.

(2) Each member of the Council is entitled to participate in the city employee medical insurance policy. The city will pay for the elected official’s participation up to the amount contributed by the city for management and confidential employees, except the elected officials shall not receive an opt out amount or cash payment in lieu of coverage.

(Prior Code, § 2201) (Ord. 1, passed 12-28-1959; Ord. 22, passed 6-21-1961; Ord. 75-11, passed 3-15-1975; Ord. 862, passed 5-5-1986; Ord. 17-08, passed 12-4-2017; Ord. 22-04, passed 5-23-2022; Ord. 22-07, passed 6-27-2022)

OFFICERS

The City Clerk upon the entry to his or her duties of office shall execute a bond to the city in conformity with bonds of public officers, and in conformity with the provisions of the Government Code of the state relating thereto, in the amount of $5,000. Any premium for such bonds shall be a proper charge against the city. (Prior Code, § 2102) (Ord. 1, passed 12-28-1959)

(A) The City Treasurer upon the entry of office shall execute a bond to the city in conformity with bonds of public officers, and in conformity with the provisions of the Government Code of the state relating thereto, in the amount of $5,000.

(B) Any premium for such bonds shall be a proper charge against the city. (Prior Code, § 2103) (Ord. 1, passed 12-28-1959)

(A) General. The office of the City Manager is created and established. The City Manager shall be appointed by the City Council on the basis of administrative and executive ability and qualifications, and shall hold office at the pleasure of the City Council. Wherever the term “City Administrator” is found in this code or resolutions of the city, it shall be deemed to be “City Manager.”

(Prior Code, § 2106)

(B) Residence. Residence in the city shall not be required as a condition of the City Manager’s employment. However, the City Manager shall reside within 30 minutes driving time of the city.

(Prior Code, § 2106.1)

(C) Bond, professional ethics.

(1) The City Manager shall be bonded with a corporate surety bond to be approved by the City Council in such sum as may be determined by the Council, which shall be conditioned upon the faithful performance of the duties imposed upon the City Manager as prescribed in this section. Any premium for the required bond shall be a proper charge against the city.

(2) The City Manager shall adhere to the Code of Ethics of the International City/County Management Association.

(Prior Code, § 2106.2)

(D) Acting City Manager. The City Manager shall designate a qualified city employee to exercise the powers and perform the duties of the City Manager during a temporary absence or disability of the City Manager. In the event the City Manager’s absence or disability is in excess of 30 consecutive days, the City Council may appoint an acting City Manager.

(Prior Code, § 2106.3)

(E) Compensation. The City Manager shall receive compensation and benefits as the City Council shall determine from time to time. In addition, the City Manager shall be reimbursed for all actual and reasonable expenses incurred in the course of official city business.

(Prior Code, § 2106.4)

(F) Powers, duties. The City Manager shall be the administrative head of the government of the city under the direction of the City Council. The City Manager shall be responsible for the efficient administration of all of the affairs of the city that are under the City Manager’s control. It is the City Manager’s duty to put aside personal views and implement Council policy and direction at all times. The City Manager shall keep all Council members informed of key issues and developments. In addition to the general powers and duties as the administrative head of the city, the City Manager shall have the following powers and duties.

(1) Law enforcement. It shall be the duty of the City Manager to oversee the enforcement of all laws and ordinances of the city and to see that all franchises, contracts, permits, and privileges granted by the City Council are fulfilled.

(2) Authority over employees. The City Manager shall have the authority to supervise, develop, motivate, evaluate, and give directions to all heads of departments, subordinate officers, and employees of the city. The City Attorney, however, shall answer directly to the City Council.

(3) Powers of appointment and removal. It shall be the duty of the City Manager to appoint, remove, promote, and demote any and all employees of the city, subject to applicable ordinances, rules, and regulations, and directives of the City Council, except the City Attorney, who is appointed and removed directly by the City Council.

(4) Administrative reorganization of offices. It shall be the duty and the responsibility of the City Manager to effect such administrative reorganization of offices, positions, or units under the City Manager’s direction as may be indicated in the interest of efficient, effective, and economical conduct of the city’s business. Such reorganizations or changes of positions shall become effective after being approved by the City Council.

(5) Attendance at Council meetings. It shall be the duty of the City Manager to attend all meetings of the City Council unless excused therefrom by the City Council.

(6) Financial reports. It shall be the duty of the City Manager to keep the City Council fully advised at all times as to the financial condition and needs of the city.

(7) Budget. It shall be the duty of the City Manager to prepare and submit the proposed annual budget and proposed employee compensation plans to the City Council for approval.

(8) Expenditure control and purchasing. It shall be the duty of the City Manager to recommend expenditures to the City Council. The City Manager, or the person designated by the City Manager, shall be responsible for the purchase of all supplies for all the departments or divisions of the city.

(9) Investigations and complaints. It shall be the duty of the City Manager to make investigations into the affairs of the city and any employee, department, or division thereof, and any contract or the proper performance of any obligations of the city. Further, it shall be the duty of the City Manager to investigate all complaints in relation to matters concerning the administration of the city government.

(10) Settlement of claims. The City Manager shall have the authority to deny claims on behalf of the city and to settle worker’s compensation and general liability claims up to a dollar amount to be specified by the City Council by resolution.

(11) 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 from time to time by ordinance or resolution or other official action of the City Council.

(Prior Code, § 2107)

(G) Emergency authority.

(1) Emergency defined. For the purposes of this section, EMERGENCY means the existence of conditions of disaster or extreme peril to the safety of persons and/or property within the territorial limits of the city caused by conditions, including, but not limited to, flood, fire, storm, hazardous materials spills, epidemic, riot, sudden and severe energy outage, or earthquake.

(2) City Manager’s authority in an emergency. In the event of an emergency requiring the expenditure of city funds before an emergency City Council meeting can be convened to authorize that expenditure, the City Manager shall have the authority to authorize the expenditure of city funds and to otherwise obligate the city as the City Manager, in the City Manager’s sole discretion, determines to be necessary or appropriate to combat the effects of such emergency up to a maximum of $10,000 per emergency.

(Prior Code, § 2107.1)

(H) Political participation. The City Manager shall not participate directly, indirectly, or through an intermediary in any political activity that is related to the city unless in support of a policy position taken by the City Council. (Prior Code, § 2107.2)

(I) Council-Manager relations. The City Council and its members, whenever possible, shall deal with the operations of the city only through the City Manager, except for the purpose of inquiry, advice, information, or followup.

(Prior Code, § 2108)

(J) Removal of City Manager. The City Manager serves at the will of the City Council. The City Council may remove the City Manager at any time by a majority vote of its members. If requested, a public hearing shall be granted by the Council within 30 days following notice of removal.

(Prior Code, § 2109)

(Ord. 94-5, passed 7-27-1994)

CITY COUNCIL

The room designated as the Council Chambers located at the City Hall, 154 South 8th Street, Grover Beach, California, shall be the Council Chambers of the City Council and all meetings of the City Council shall be held therein.

(Prior Code, § 2300) (Ord. 1, passed 12-28-1959; Ord. 44, passed 11-27-1962)

Regular meetings of the City Council shall be held on regular dates and at regular times to be established by resolution of the Council, or the next succeeding day which is not a holiday.

(Prior Code, § 2301) (Ord. 1, passed 12-28-1959; Ord. 22, passed 6-21-1961; Ord. 31, passed 1-22-1962; Ord. 44, passed 11-27-1962; Ord. 88, passed 12-4-1967; Ord. 75-11, passed 3-15-1975)

(A) A filing fee as set forth in the Master Fee Schedule and amended from time to time is hereby established for candidates’ nomination papers for elective offices at municipal elections held in the city.

(B) The filing fee shall be paid to the City Clerk by each candidate for an elective office at the time the candidate’s nomination paper is filed with the City Clerk.

(C) The City Clerk shall pay to the City Treasurer all fees received which shall be deposited into the General Fund. (Prior Code, § 2302) (Ord. 73-9, passed 10-15-1973; Ord. 03-02, passed 5-5-2003)

The Council shall by resolution adopt rules governing the procedure for meetings of the Council and preparation of agendas of meetings of the Council.

(Prior Code, § 2303) (Ord. 75-11, passed 3-15-1975)

(A) (1) A member of the City Council may only serve two consecutive terms in that position. If the city has an elected Mayor, an elected Mayor may only serve two consecutive terms in that position.

(2) The two positions (Council member and elected Mayor) are separate and an individual can serve two consecutive terms in one position and then two consecutive terms in the other.

(3) If a person is elected to the office of City Council and, because of a vacancy in the office of an elected Mayor, such person is appointed to fill the unexpired term of an elected Mayor, such Council member shall be deemed to be serving just the term of a City Council member.

(4) However, if a person should be elected to the office of City Council and part way through his or her term as a member of the City Council such person is elected Mayor, then such person shall be deemed to have served his or her full term as a City Council member upon acceptance of the office of elected Mayor.

(B) Even if a person has already served two consecutive terms in one position, such person may serve another two consecutive terms if at least 23 months have passed since such person last served in that same position. (Prior Code, § 2304) (Res. 96-46, passed - -; Ord. 08-05, passed 4-21-2008)

ELECTIONS

The city’s general municipal election shall be held on the same day as, and consolidated with, the statewide general election on the first Tuesday after the first Monday of November in each even-numbered year. (Prior Code, § 2350) (Ord. 83-6, passed 11-7-1983)

Elected officials elected at the general municipal election shall take their office on the fourth Tuesday after the day of the general municipal election.

(Prior Code, § 2351) (Ord. 83-6, passed 11-7-1983)

(A) Pursuant to Cal. Government Code §§ 34871(c) and 34886, Council members shall be elected by districts in four single-member districts.

(B) Except as provided in division (C) below, the Council member elected to represent a district must live in that district and be a registered voter in that district, and any candidate for City Council must live in, and be a registered voter in, the district in which he or she seeks election at the time nomination papers are issued, pursuant to Cal. Government Code § 34882 and Cal. Elections Code § 10227.

(C) (1) A Council member in office at the time this subchapter takes effect shall continue in office until the expiration of the full term to which he or she was elected or appointed and until his or her successor is qualified.

(2) If vacancies in Council member offices elected at-large occur before expiration of the full term thereof, such vacancies may be filled according to law from the district for which the vacancy occurs.

(D) (1) Upon expiration of the full term of each Council member elected at-large, that Council member’s successor shall be elected on a by-district basis in the districts established in § 30.054.

(2) A vacancy in a Council member office elected by district shall be filled according to law by a person qualified to hold the office who lives in the district.

(Prior Code, § 2360) (Ord. 22-02, passed 3-28-2022)

This city is divided into four City Council districts, the boundaries of which are designated, numbered, and described as set forth in § 30.054.

(Prior Code, § 2361) (Ord. 22-02, passed 3-28-2022)

(A) Elections shall take place, and Council members shall be elected by districts as that term is defined in Cal. Government Code § 34871, meaning one member of the City Council shall be elected from each district by the voters of that district alone.

• (B) The districts are as follows:

(1) First City Council district. City Council District One shall be all that territory in the city comprised of the following U.S. Census blocks:

060790121021019 060790121024010

(2) Second City Council district. City Council District 2 shall be all that territory in the city comprised of the following U.S. Census blocks:

(3) Third City Council district. City Council District 3 shall be all that territory in the city comprised of the following U.S. Census blocks:

(4) Fourth City Council district. City Council District Four shall be all that territory in the city comprised of the following U.S. Census blocks:

(C) The districts specified in division (B) above shall continue in effect until they are amended or repealed in accordance with law.

(Prior Code, § 2362) (Ord. 22-02, passed 3-28-2022)

(A) Council members from Districts One and Two shall be elected beginning at the general municipal election in November 2022, and every four years thereafter.

(B) Council members from Districts Three and Four shall be elected beginning at the general municipal election in November 2024, and every four years thereafter.

(Prior Code, § 2363) (Ord. 22-02, passed 3-28-2022)

Consistent with Cal. Government Code § 34900, the Mayor shall be elected at-large by the entire city for a term of two years. The Mayor shall be entitled to serve only two consecutive terms. The Mayor may run again for any future term for Mayor commencing no later than 24 months after the last of two consecutive terms. (Prior Code, § 2364) (Ord. 22-02, passed 3-28-2022)

PERSONNEL SYSTEM

In order to establish an equitable and uniform procedure for dealing with personnel matters, and to comply with applicable laws relating to the administration of the personnel process, the following personnel system is hereby adopted.

(Prior Code, § 4100) (Ord. 94-2, passed 4-18-1994)

The City Manager shall administer the city personnel system and may delegate any of the powers and duties to a Personnel Director, or may delegate the appointing authority granted by the City Council to any other officer or employee of the city or may recommend that such powers and duties be performed under contract as provided in § 30.075. The City Manager shall:

• (A) Act as the appointing authority for the city;

(B) Administer all the provisions of this subchapter and of the personnel regulations not specifically reserved to the City Council;

(C) Prepare and recommend to the City Council personnel regulations and revisions and amendments to such regulations;

(D) Prepare or cause to be prepared a position classification plan, including class specifications and revisions of the plan;

(E) Have the authority to discipline employees in accordance with this subchapter and the personnel regulations of the city; and

(F) Provide for the publishing or posting of notices of tests for positions in the competitive service; the receiving of applications therefor; the conducting and grading of tests; the certification of a list of all persons eligible for

appointment to the appropriate position in the competitive service; and performing any other duty that may be required to administer the personnel system.

(Prior Code, § 4101) (Ord. 94-2, passed 4-18-1994)

The provisions of this subchapter shall apply to all offices, positions, and employments in the service of the city, except:

• (A) Elective officers;

• (B) The City Manager and any assistants to the City Manager;

• (C) Members of appointive boards, commissions, and committees;

• (D) All department directors;

• (E) Persons engaged under contract to supply expert, professional, technical, or any other services;

• (F) Volunteer personnel, such as volunteer firefighters;

• (G) City Attorney, and any assistant or deputy City Attorneys;

• (H) All Council-appointed city officers;

• (I) Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as fire, flood, or earthquake which threatens life or property;

(J) Employees, other than those listed elsewhere in this section, who are not regularly employed in permanent positions. REGULARLY EMPLOYED IN PERMANENT POSITIONS means an employee hired for an indefinite term into a budgeted position who is regularly scheduled to work no less than 1,040 hours per year and has

successfully completed the probationary period and been retained as provided in this subchapter and the personnel regulations;

• (K) Any position primarily funded under a state or federal employment program; and

• (L) Employees not included in the competitive service under this section shall serve at the pleasure of their appointing authority.

(Prior Code, § 4102) (Ord. 94-2, passed 4-18-1994)

Personnel regulations shall be adopted by resolution of the City Council. The regulations may establish rules governing the personnel system, including, but not necessarily limited to:

• (A) Preparation, installation, revision, and maintenance of a position classification plan covering all positions in the competitive service, including employment standards and qualifications for each class;

• (B) Appropriate announcement of the selection process and acceptance of applications for employment;

• (C) Preparation and conduct of tests and the establishment and use of resulting employment lists containing the names of persons eligible for appointment;

• (D) Certification and appointment of persons from employment lists, and the making of provisional appointments;

• (E) Establishment of probationary periods;

• (F) Evaluation of employees during the probationary testing period and thereafter;

• (G) Transfer, promotion, demotion, reinstatement, disciplinary action, and layoff of employees in the competitive service;

• (H) Separation of employees from city service;

• (I) The establishment of adequate personnel records for purposes of accounting and legal requirements; and

• (J) The establishment of any necessary appeal procedures.

• (Prior Code, § 4103) (Ord. 94-2, passed 4-18-1994)

(A) Any person holding a position included in the competitive service who, on the effective date of the adoption of this subchapter, shall have served continuously in such position, or in some other position in the competitive service, for a period equal to the probationary period prescribed in the regulations for his or her class, shall assume regular status in the competitive service in the position held on such effective date without qualifying tests, and shall thereafter be subject in all respects to the provisions of this subchapter and personnel regulations.

(B) Any other persons holding positions in the competitive service shall be regarded as probationers who are serving out the balance of their probationary period in effect at the time of hire. The probationary period shall be computed from the date of appointment or employment.

(Prior Code, § 4104) (Ord. 94-2, passed 4-18-1994)

The City Manager shall consider and make recommendations to the City Council regarding the extent to which the city should contract for the performance of technical services in connection with the establishment or operation of the personnel system. The City Council may contract with any qualified person or public or private agency for the performance of all or any of the following responsibilities or duties imposed by this subchapter:

• (A) The preparation of personnel regulations and revisions and amendments thereof;

• (B) The preparation of a position classification plan and subsequent revisions and amendments thereto;

• (C) The preparation, conduct, and grading of competitive tests;

• (D) The conduct of employee training programs; and

• (E) Special and technical services of advisory or informational character on matters relating to personnel administration.

(Prior Code, § 4105) (Ord. 94-2, passed 4-18-1994)