This chapter is enacted by the city council pursuant to the provisions of Article 1, Chapter 7, Division 2, Title 4, of the Government Code of the state.
(Ord. 220 Art. 2 § 1, 1972)
The office of city manager is created and established. The city manager shall be appointed by the city council solely on the basis of his executive and administrative qualifications. He shall hold office for an indefinite term, at the pleasure of the city council, and shall receive such compensation as the council may provide.
(Ord. 220 Art. 1 § 1, 1972)
The city manager shall be the administrative head of the city government under the direction and control of the council, except as otherwise provided in this chapter. He shall have the authority to appoint the city clerk. He shall have authority over all other department heads and employees except the city treasurer and city attorney.
(Ord. 220 Art. 1 § 2, 1972; Ord. 449 § 1, 1990; Ord. 494 § 2, 1993)
The city council and its members shall deal with the administrative services of the city only through the city manager. The city manager shall take his orders and instructions from the city council as a body, and no individual councilman shall give any orders or instructions to the city manager or his subordinates. When a decision has been made by the city council as a body, it shall be final and conclusive. Further reference to any such decision to the council shall not be made by the city manager except to the council as a whole.
A. 
The city manager shall attend all meetings of the city council unless excused therefrom by the mayor or the city council, except when his removal is under consideration by the city council.
B. 
The city manager may take part in council discussions, but may not vote. He shall have the power to appear and address the council or any of its boards or commissions at any meeting.
C. 
The city manager shall recommend to the city council for adoption such measures and ordinances as he deems necessary. He shall keep the city council at all times fully advised as to the financial conditions and needs of the city, and shall make such reports as may be desirable or as requested by the city council.
(Ord. 220 Art. 1 § 3, 1972; Ord. 413 § 1, 1987)
The city manager 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 thereon, it shall be his duty and he shall have the power to:
A. 
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.
B. 
Employee Appointment, Dismissal, Etc.
1. 
The city manager shall appoint and promote, discipline, suspend or dismiss all employees of the city except the city attorney and the city treasurer. No department head shall be appointed or removed until the city manager shall have first reviewed such appointment or removal with the city council in executive session.
2. 
The city manager shall provide a merit-principle personnel system for employees of the city except the city attorney and the city treasurer, and may designate an employee responsible to him to administer the personnel system.
C. 
Appoint to Acting Capacity. The city manager shall designate himself or some employee to perform the duties of any office 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. 
Purchases. The city manager shall purchase or cause to be purchased by some employee designated by him, all services, 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.
E. 
General Services. The city manager shall provide for the proper administration and management of all other city affairs and properties which are not otherwise reserved to the mayor and/or city council.
F. 
Annual Report. The city manager shall prepare and present to the council an annual report of the city's affairs, including a summary of reports of department heads and such other reports of department heads and such other reports as the council shall require.
G. 
Annual Budget and Capital Program. The city manager shall prepare and submit to the council an annual budget and capital program for each ensuing fiscal year, based upon estimates of financial needs and resources of the city.
H. 
Miscellaneous Duties.
1. 
The city manager shall serve in any appointed office within the city government to which he may be qualified when appointed thereto by the city council, and to hold and perform duties thereof at the pleasure of the city council.
2. 
The city manager shall investigate all complaints related to matters concerning the administration of the city government or services of public utilities in the city.
3. 
The city manager shall perform such other duties and exercise such other powers as may be delegated to him from time to time by action of the city council.
(Ord. 220 Art. 1 § 4, 1972; Ord. 346 § 2, 1981)
The city manager shall have the power and authority to properly perform any duty assigned to him by the city council or by other process of law. In general, his powers shall include:
A. 
Prescribed Rules. The city manager shall have the power to prescribe such rules and regulations as he shall deem necessary for the conduct of administrative agencies subject to his authority.
B. 
Investigate. The city manager shall have the power to investigate and to examine or inquire into the affairs or operations of any department, division or office and any contract, or the proper performance of any obligations of or to the city; and when so authorized by the council, he shall have the 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 or 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.
F. 
The city manager and/or his authorized and designated department head, at the city manager's direction, shall be and are hereby authorized to sign documents, contracts, agreements, MOUs, grants, deeds, warrants, conveyances, and other contractual services and/or sign or release easements, permits, licenses, and change orders; to sign inter-local documents, agreements, contracts and MOUs, as authorized by local, state and federal law; to sign documents authorizing the payment of funds, and to expend public funds as authorized by local, state and federal law unless otherwise authorized by the city council; to settle assessments, deeds, demolitions, and other disputes based on legal advice or other extenuating factual circumstances. The city manager is authorized to adjust compensation, within council policy guidelines, of any employee, when in his discretion an adjustment needs to be made to retain qualified personnel. The intent of this section is to be more efficient, to provide the ability to conduct daily affairs of the city, which involves numerous decisions of a routine nature, and to retain qualified personnel. This will not create a situation where the city manager and/or his authorized and designated department head may unilaterally bind the city without anyone else's approval because all city documents approved by city council are reviewed/approved by the city attorney.
(Ord. 220 Art. 1 § 5, 1972; Ord. 717, 2011)
The city manager shall designate a department head of the city to serve as acting city manager during any temporary absence or disability of the city manager. In the event that the city manager does not recommend the appointment, the mayor shall name an acting city manager, subject to approval by the city council.
(Ord. 220 Art. 1 § 6 (A), 1972; Ord. 346 § 3, 1981)
The city manager and acting city manager shall be bonded to assure the faithful performance of the duties imposed on them as herein prescribed. Such bond may be part of a blanket surety bond and premium for same shall be a proper charge against the city.
(Ord. 220 Art. 1 § 6 (B), 1972)
Residence in the city at the time of appointment shall not be required as a condition of employment; however, residence in the city shall be established within a reasonable time after the acceptance of an appointment to this position.
(Ord. 220 Art. 1 § 6 (C), 1972)
The city manager shall be reimbursed for all sums necessarily incurred by him in the performance of his duties or incurred while 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.
(Ord. 220 Art. 1 § 6 (D), 1972)
No city councilman shall be eligible for appointment as city manager until one year has elapsed after such councilman has ceased to be a member of the city council.
(Ord. 220 Art. 1 § 6 (E), 1972)
The removal of the city manager shall be only upon a majority vote of the whole council in regular council meeting, all five members being present, subject, however, to the provisions of Sections 2.16.130 through 2.16.160. In case of his intended removal by the city council, the city manager shall be furnished with written notice stating the council's intention to remove him, at least thirty days before the effective date of his removal, which shall be shown upon the written notice. If the city manager so requests, the city council shall provide in writing, reasons for the intended removal, which shall be provided the city manager within seven days after the receipt of such request from the city manager, and at least fifteen days prior to the effective date of such removal.
(Ord. 220 Art. 1 § 7 (part), 1972)
Within seven days after the delivery to the city manager of such notice, he may, by written notification to the city council, 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 may appear and be heard.
(Ord. 220 Art. 1 § 7 (A), 1972)
After furnishing the city manager with a written notice of intended removal, the city council may suspend him from duty, and his compensation shall continue until his removal by action of the city council, passed subsequent to the aforesaid hearing.
(Ord. 220 Art. 1 § 7 (B), 1972)
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 his grounds of opposition to his removal.
(Ord. 220 Art. 1 § 7 (C), 1972)
Notwithstanding the provisions of this chapter 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 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 duties of his office. After the expiration of the ninety days aforementioned, the provisions of Sections 2.16.120 through 2.16.150 as to the removal of the city manager shall apply and be effective.
(Ord. 220 Art. 1 § 7(D), 1972)