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A. 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 chapter. The city manager shall be responsible for the efficient administration of all affairs of the city which are under his or her control.
B. In addition to his or her general powers as administrative head, and not as a limitation thereon, he or she shall be expected to, and shall have the power to:
1. Enforce all laws and ordinances of the city and to see that all franchises, contracts, permits and privileges granted by the city council are faithfully observed;
2. Appoint, remove, promote and demote the city clerk, the city treasurer, and any and all officers and employees of the city except elective officers and the city attorney subject to all applicable personnel rules and regulations which may be adopted by the city council; each officer and employee of the city who is appointed by the city manager is an "at will" employee serving at the pleasure of the city manager;
3. Control, order and give directions to all department heads who are subject to his or her appointment and removal authority, and to subordinate officers and employees of the city under his or her jurisdiction through their department heads;
4. Conduct studies and effect such organization and reorganization of offices, positions or units under his or her direction as may be indicated in the interest of efficient, effective and economical conduct of the city's business;
5. Recommend to the city council for adoption such measures and ordinances as he or she deems necessary;
6. Attend all meetings of the city council unless excused therefrom by the mayor individually or the city council as a whole, except when his or her performance or removal is under consideration;
7. Prepare and submit the proposed annual budget and the proposed annual salary plan to the city council for its approval;
8. Direct and supervise all the purchasing activities of the city;
9. Keep the city council at all times fully advised as to the financial condition and needs of the city;
10. Make investigations into the affairs of the city and any department or division thereof and any contract or the proper performance of any of the obligations of the city; and further, 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;
11. Exercise general supervision over all public buildings, public parks and all other public properties which are under the control and jurisdiction of the city council;
12. Have the same authority as the mayor (as conveniences to the parties may dictate) to sign documents specified in Section 40602 of the Government Code of the state whenever such documents have been approved by the city council for execution by resolution, motion, minute order or other appropriate action;
13. Compromise or settle claims the city has against third parties for amounts not to exceed $50,000.00; and
14. Except as otherwise provided by law, the city manager can waive or refund any fee set forth in this chapter or any other fee levied by the city, up to the sum of five thousand dollars ($5,000.00), if the city manager finds one of the following conditions is met:
a. The service for which the fee was levied has not and will not be performed, or
b. The fee was collected in error, or
c. For other good cause shown, provided such waiver/refund would serve a public purpose.
The city manager shall refer requests for waiver/refunds of fees over five thousand dollars ($5,000.00) to the city council which may waive or refund such fees if the council finds one of the above conditions is met.
(Ord. 592-23 § 1, 2023; Ord. 16 § 1, 1991: Ord. 3 § 1 (part), 1991: prior code § 2.08.060)
The city council 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. For purposes hereof, "inquiry" means any and all communications short of giving orders, directions or instructions to any member of the administrative staff. Such members shall give all information reasonably requested by any councilmember. The city manager shall take his or her orders and instructions from the city council only when sitting in a duly convened meeting of the city council and no individual councilmember shall give any orders or instructions to the city manager. The city council shall instruct the city manager in matters of policy. Any action, determination or omission of the city manager shall be subject to review by the city council. The city council may not overrule, change or modify any such action, determination or omission except by the affirmative vote of at least three members of the city council. (Ord. 3 § 1 (part), 1991: prior code § 2.08.070)
Notwithstanding the provisions of Section 2.08.100 through 2.08.130 of this chapter, the city manager shall not be removed from office, other than for misconduct in office, during or within a period of ninety (90) 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 powers and duties of his office. After the expiration of such ninety-day period aforementioned, the provisions of Sections 2.08.100 through 2.08.130 as to the removal of the city manager shall apply and be effective.
(Ord. 3 § 1 (part), 1991: prior code § 2.08.140)
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