The City Manager shall, except as otherwise provided in this chapter, be the administrative head of the city government under the direction and control of the Council. He or she shall be responsible for the efficient administration of all the affairs of the city under his or her control. In addition to his or her general powers as administrative head, but not as a limitation thereon, he or she shall have the following powers and duties:
(A) To see that all laws and ordinances of the city are duly enforced and that all franchise permits and privileges granted by the city are faithfully observed;
(B) To appoint, control, discipline, order, direct and remove all officers and employees for positions authorized by the City Council in its position library and compensation plan, sometimes referred to as a classification library, jobs library or similarly titled document, except elected officials, persons appointed by the City Council to city boards, commissions or committees, the City Attorney and employees appointed by the City Attorney pursuant to § 2.16.080 of this code. The City Manager shall also have the power to transfer employees from one department to another, and to consolidate or combine offices, positions, departments, divisions or units under his or her direction, including, without limitation, through reclassifications or classification exchanges; provided, however, that the City Manager shall first obtain the consent of the City Attorney before taking any such actions with respect to offices, positions, departments, divisions or units under the direction of the City Attorney. As provided for in § 2.40.050 of this code, certain employees are not included within the competitive service and shall serve at the will and pleasure of the City Manager or the City Attorney, as applicable, and may be disciplined or terminated from city employment by the City Manager or City Attorney, as applicable, without proof of cause or other justification and without right of appeal or hearing. As provided for in § 2.40.105 of this code, the City Manager and City Attorney may enter into employment agreements on behalf of the city with employees who are included within the executive group employee resolution;
(C) To attend all meetings of the Council unless excused therefrom by the Council, except when his or her removal is under consideration by the Council;
(D) To recommend to the Council the adoption of such measures and ordinances as he or she deems necessary or expedient;
(E) To keep the Council fully advised at all times as to the financial conditions and needs of the city;
(F) To prepare and submit to the City Council for its approval the annual budget, as well as a position library and compensation plan, sometimes referred to as a classification library, jobs library or similarly titled document. The annual budget shall include a listing of anticipated full time employees, part time employees and seasonal employees budgeted for each department, which listing may be adjusted pursuant to the City Manager's authority under subsection (B) of this § 2.04.060. Since temporary employee positions may vary throughout the year based on departmental needs, the City Manager need not allocate them separately in each departmental budget, but there shall be sufficient funds available in a department's personnel budget before a temporary employee is hired. The position library and compensation plan shall constitute a comprehensive list of authorized employment positions for the city, although it shall strictly be a resource document of available employment positions, as the positions listed therein will not necessarily be budgeted or funded in any given fiscal year. Any employment position listed in the position library and compensation plan can be filled with a full time employee, part time employee or seasonal employee, provided the position is included in the department's budget or is filled by a provisional employee (see § 2.40.070(C) of this code), or with a temporary employee if there are sufficient funds available in the department's personnel budget. The position library and compensation plan shall also include at least the following for each position: (1) the position title; (2) an authorized compensation range; (3) those departments or divisions authorized to utilize the employment position, subject to adjustment pursuant to the City Manager's authority under subsection (B) of this § 2.04.060; and (4) other notes applicable to the employment position;
(G) To prepare and submit to the Council as of the end of each fiscal year a complete report of the finances and administrative activities of the city for the preceding year, such financial report is not to be confused with the City Clerk’s report to the State Controller;
(H) To purchase or cause to be purchased all supplies for all departments and divisions of the city and to approve all expenditures of the city. No expenditure shall be submitted or recommended to the Council except upon report or approval of the City Manager;
(I) To make investigation into the affairs of the city and any department or division thereof and any contract or the proper performance of any obligation of the city;
(J) 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 the city and to see that all franchises, permits and privileges granted by the city are faithfully performed and observed;
(K) To exercise general supervision over all public buildings, public parks and other public property which are under the control and jurisdiction of the Council and not specifically delegated to another board, commission or officer;
(L) To devote his or her entire working time to the duties of his or her office and the interest of the city;
(M) To supervise in general the operation of all departments of the city under his or her control;
(N) To act as Personnel Director until the Council establishes a separate office therefor;
(O) To provide leadership for civic movements designed to benefit the residents of the city when so authorized by the Council;
(P) To perform such other duties and exercise such other powers as may be delegated to him or her from time to time by ordinance or resolution of the Council;
(Q) The authority to appoint the City Clerk in accordance with the provisions of Cal. Gov’t Code § 36510 at the expiration of the term of the officer holding the position and on a vacancy in any such office.
(R) To approve, or delegate the power to approve, agreements or other documentation approved as to form by the City Attorney which are necessary to secure temporary parking rights without compensation and in-kind donations of products or services for special events conducted or sponsored by the City.
(S) To approve settlement civil compromise agreements for code enforcement actions prosecuted by or on behalf of the City Attorney, so long as the city’s receipt or expenditure of funds does not exceed $25,000. Notwithstanding the foregoing, the City Attorney shall retain prosecutorial discretion to resolve actions on his or her own accord when such resolution does not involve both the execution of a settlement agreement or civil compromise and the receipt or expenditure of funds to a third party, other than court-ordered fines or penalties.
(T) To review and approve requests for conflict notification and waivers for attorneys representing the City or Redevelopment Agency under the California Rules of Professional Conduct.
(U) To approve settlements of claims or potential claims, as provided for in Chapter 3.04.
(V) To approve settlements of up to $25,000 for workers compensation claims which are processed in accordance with applicable law. Settlements in excess of $25,000 shall be approved by the City Council. Notwithstanding the foregoing, this authority limitation shall be applicable only to compromise and release agreements involving all claims, including future medical claims, as well as potentially disputable stipulated awards of permanent disability and related claims and expenses that the city is obligated by law to make, based upon formulas established by applicable law and objective medical guidelines. Therefore, this limitation shall not be applicable to either of the following, which can be processed and approved administratively by staff up to any amount: (1) routine payments for workers compensation medical, treatment or other costs or expenses that the city is obligated by law to make and which can be approved by the department head overseeing workers compensation claims, or his or her designee; and (2) stipulated awards of permanent disability and related claims and expenses, as described above, when there is no reasonable legal discretion to pursue arguments or defenses which could lower the amount owed, as approved by the City Manager following review by the City Attorney of the relied upon advice and recommendation of the city's special legal counsel handling the workers' compensation matter.
(W) To enter into an agreement for the receipt by the city of money in order to compromise or avoid the filing of a claim or lawsuit by the city against a third party; provided, however, that such agreement shall not result in the receipt by the city of more than $25,000 or the compromise by the city, in the opinion of the City Manager and City Attorney, of more than $25,000 in potential claims.
(X) To approve and accept grants and deeds which convey to the city an easement interest in, on, under or upon real property for roadways, sidewalks, curbs and gutters, water facilities, sewer facilities, electric facilities and other public works or public utility purposes, or which are necessary to implement projects, maps or conditions of approval that have been duly approved pursuant to applicable law.
(Y) To approve, or delegate to Assistant City Managers or department heads, the power to approve agreements or other documentation approved as to form by the City Attorney which are necessary for the proper administration and operation of departments and the training of employees, so long as any expenditure is appropriately budgeted, any purchase of materials, supplies, services or equipment also complies with Chapter 3.08 of this code, and no transfer of an interest in real property is involved. By way of example, such agreements or other documentation may include the use of city or other real property and facilities for training purposes, as well as license, confidentiality or non- disclosure agreements related to potential projects or agreements. Such agreements or other documentation may include indemnification provisions.
(Z) To approve agreements to locate telecommunications facilities, as defined in § 17.65.020 of this code, including small cell sites, on city property following applicable approval processes under Chapter 17.65 of this code. The authority provided for herein includes the authority to establish the consideration to be paid, as well as all other provisions deemed necessary by the City Attorney and Risk Manager, and shall include any amendments, modifications or assignments of such agreements. All such agreements shall be approved as to form by the City Attorney.
(`78 Code, § 2.04.070.) (Ord. 3263 § 1, 2017; Ord. 3190 § 1, 2015; Ord. 3189 §§ 2-4, 2015; Ord. 3184 § 1, 2014; Ord. 3141 § 2, 2013; Ord. 3102 § 1, 2011; Ord. 3035, § 2, 2010; Ord. 2791 § 1, 2005.)