A.
Position created. The position of city manager of the city is created pursuant to Government Code Section 34851. The city manager shall be appointed by and serve at the pleasure of the city council.
B.
Qualifications. The city manager shall be appointed wholly on the basis of his or her administrative ability.
C.
Residence. Although it is desirable that the person who is appointed city manager establish residence within the city within a reasonable time, such residence shall not be a condition of employment.
D.
Acting City Manager. The city manager shall recommend for council approval one of the employees of the city to serve as acting city manager during any temporary absence or disability of the city manager. In the case of the absence or disability of the city manager and his or her failure to choose an acting city manager, the city council may either appoint a city manager during the absence or disability of the city manager or obtain the services of someone who is not an employee.
E.
Compensation. The city manager shall receive such compensation as the city council shall from time to time determine. In addition, the city manager shall be reimbursed from all actual necessary expenses incurred in the performance of official duties with the approval of the council.
F.
Powers and Duties. The city manager shall be the administrative head of the city government under the direction and control of the city council. He or she shall be responsible for the efficient administration of the affairs of the city. In addition to general powers as administrative head and not as a limitation thereon, the city manager shall have the duties and powers set forth below:
1.
Service to and Direction of City Council. To respond promptly to all requests of the city council for information and advice and to see that all council instructions, orders and decisions are carried out promptly.
2.
City Clerk and City Treasurer. To perform the duties of city treasurer. The city manager shall appoint the city clerk who shall be responsible to the city manager to perform the duties of that position. The city clerk may be removed, promoted, or demoted by the city manager, subject to all applicable rules and regulations which may be adopted by the city council.
3.
Appointment and Removal. Pursuant to Government Code Section 34856, to appoint and remove all officers and department heads except the city attorney and the police chief. The city manager shall either appoint, remove, promote or demote all other city employees or approve their appointment, removal, promotion or demotion subject to all applicable personnel rules and regulations which may be adopted by the city council.
4.
Authority Over Employees. To control and give direction to all department heads and to subordinate employees of the city under the city manager's jurisdiction through their department heads.
a.
Police Chief. The city manager shall maintain control over and give direction to the police chief in accordance with the provisions of this chapter relative to the authority the city manager possesses over all department heads but authority to appoint and/or remove the police chief and the administration of performance evaluations of the police chief shall be vested solely in the city council.
5.
Budget. To prepare and submit the proposed annual budget and salary plan to the city council and, upon approval of the city council, to administer the budget and salary plan.
6.
Expenditure Control and Purchasing To see that no expenditures shall be submitted or recommended to the city council except on approval of the city manager or his or her authorized representative, and to be responsible for the purchase of all equipment and supplies for all departments subject to all applicable purchasing rules and regulations which may be adopted by the city council.
7.
Service Contracts. To negotiate all contracts for services for which the city has a service responsibility to its residents and desires to provide such services by contract. Contracts shall be approved by the city council, after which it shall be the duty of the city manager to administer such contracts and determine that its provisions are carried out. The city manager shall report to the council on the performance of contractors at such times as the council may direct.
8.
Financial Reports. To keep the city council fully advised as to the financial condition and needs of the city.
9.
Policies. To recommend to the city council such policies which, in the judgment of the city manager, are worthy of consideration by the city council in the interest of efficient, effective and economical conduct of the city's business.
10.
Investigations and Complaints. To make investigations into the affairs of the city and any department for the proper performance of any obligations of the city, and 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 and report such findings to the city council.
11.
Law Enforcement. To enforce or cause to be enforced all laws and privileges granted by the city, and to see that all franchises, contracts, permits and privileges granted by the city council are faithfully observed.
12.
Public Property. To exercise general supervision over all public property which is under the control and jurisdiction of the city council.
13.
Attendance at Council Meetings. To attend all meetings of the city council unless excused by the mayor.
14.
Additional Powers and Duties. To perform such other duties and exercise such other powers as may be delegated from time to time by official action of the city council.
G.
Internal Relations.
1.
The city council and its members shall deal with the administrative services of the city through the city manager, except for the purposes of inquiry, and neither the city council, nor any member thereof shall give orders or instructions to any subordinates of the city manager. The city manager shall take orders and instructions from the city council only when sitting in a duly convened meeting of the city council and no individual council member shall give any orders or instructions to the city manager. The planning commission and its members shall deal with the administrative services of the city through the community development director or the city manager's designee, except for the purposes of inquiry, and neither the planning commission, nor any member thereof, shall give orders or instructions to any subordinate of the community development director or the city manager's designee. The community development director or the city manager's designee shall take orders and instructions from the planning commission only when sitting in a duly convened meeting of the planning commission and no individual planning commission member shall give any orders or instructions to the community development director or the city manager's designee.
2.
It shall be the duty of all subordinate officers to assist the city manager in administering the affairs of the city efficiently, economically and harmoniously.
3.
The city manager may attend any and all meetings of commissions, boards or committees created by the city council. At such meetings, the city manager shall be heard as to all matters the city manager wishes to address the members thereof and inform the members as to the status of any matter being considered by the city council. The city manager shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the city council.
H.
Termination. The city manager may be terminated by the city council at any time subject to such conditions which may be agreed to pursuant to subsection I of this section. Notwithstanding the foregoing, the city manager shall not be involuntarily terminated, except for cause, for a period of three months immediately preceding or following a municipal election at which councilmembers are elected.
I.
Employment Agreement. Nothing in this section shall be construed as a limitation on the power or authority of the city council to enter into any agreement with the city manager delineating additional terms and conditions of employment not inconsistent with any provision of this section.
(Ord. 9; Ord. 91-43; Ord. 94-109; Ord. 07-270 § 1; Ord. 10-298 § 1; Ord. 23-451, 12/11/2023)