Agoura Hills Municipal Code Ch. 1 City Manager

The office of the city manager of the City of Agoura Hills is hereby created and established. The city manager shall be appointed by the council solely on the basis of executive and administrative qualifications and ability and shall hold office at and during the pleasure of the council. No person elected to membership on the city council shall, subsequent to such election, be eligible for appointment as city manager until one (1) year has elapsed after such person has ceased to be a member of the city council.

The city manager, or his or her designee, shall serve as the finance director of the city. The financial and accounting duties set forth in Government Code Sections 40802 through 40805, inclusive, as the same may be amended from time to time, are transferred to the finance director.

(Ord. No. 09-368, § 1, 8-26-09)

In case of the absence or disability of the city manager, the city council may designate some duly qualified person to perform the duties of the city manager during the period of absence or disability of said city manager.

The council shall appoint the city manager for an indefinite term and may only remove the city manager by three (3) members voting affirmatively for such removal. At least thirty (30) days before such removal shall become effective, the council shall, by three (3) members voting for its adoption, adopt a resolution stating the reason for the city manager's removal. By the resolution the council may suspend the city manager from duty but shall in any case cause to be paid to him or her forthwith any unpaid balance of his or her monthly salary, and his or her monthly salary shall continue to be paid for the next calendar month following adoption of the preliminary resolution. The council, in removing the city manager, 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 publicly to present to the council his or her grounds of opposition to removal prior to its action.

Notwithstanding the provisions of this chapter, the city manager shall not be removed from office nor may the notice provided for in section 2103 be sent to the city manager during or within a period of one hundred eighty (180) days next succeeding any general municipal election held in the city at which election a member of the council is elected. The purpose of the provisions of this section is to allow any newly elected member of the council or a reorganized council to observe the actions and ability of the city manager in the performance of the powers and duties of the office. After the expiration of such one-hundred-eighty-day period, the provisions of section 2103 of this chapter shall apply and be effective.

(a) The city manager shall receive such compensation as the city council shall from time to time determine and fix, and said compensation shall be a proper charge against general funds of the city or as against such funds as may be indicated by the city council.

(b) The city manager shall be reimbursed for all sums necessarily incurred or paid by him or her in the performance of his or her duties, or incurred when traveling on business pertaining to the city under direction of the city council; reimbursement shall only be made, however, when a verified itemized claim setting forth the sums expended for which reimbursement is requested has been presented to the city council and by said city council duly approved and allowed.

At the city council's discretion, the city may post a corporate surety bond to be approved by the city council in such sum as may be approved by the city council, which shall be conditioned on the faithful performance of the duties imposed on the city manager, city clerk and city treasurer as herein prescribed.

(Ord. No. 09-368, § 2, 8-26-09)

The city manager shall be the administrative head of the city government 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 the affairs of the city which are under the city manager's control. In addition to the general duties and powers as administrative head, and not as a limitation thereon, it shall be the city manager's duty and the city manager shall have the power:

(a) To see that the laws of the State of California pertaining to the city and all laws and ordinances of the city are duly enforced and that all franchises, permits and privileges granted by the city are faithfully observed.

(b) To exercise control over and to supervise in general all departments and divisions of the city government and all appointive officers and employees thereof except the city attorney.

(c) To attend all meetings of the city council and its committees unless excused therefrom by the city council, except when the city manager's removal is under consideration by the city council.

(d) To recommend to the city council for adoption such measures or ordinances as the city manager deems necessary or expedient.

(e) To keep the city council at all times fully advised as to the financial condition and needs of the city.

(f) To prepare and submit to the city council the annual budget and to administer it after adoption.

(g) To purchase or cause to be purchased all supplies for all of the departments or divisions of the city. No expenditure shall be submitted or recommended to the council except upon approval by or report prepared by the city manager.

(h) To make investigations into the affairs of the city, and any department or division thereof, and any contract or the proper performance of any obligation running to the city.

(i) To investigate all complaints in relation to matters concerning the administration of the government of the city 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 observed.

(j) To exercise general supervision over all public buildings, public parks, streets, and other public property which are under the control and jurisdiction of the city council.

(k) To devote his or her time as required by the duties and interest of the city.

(l) To make reports and recommendations as may be desirable or as requested by the city council.

(m) To serve in any appointed office or as head of a department within the city government to which the city manager may be qualified when appointed thereto by the city council and to hold and perform the duties thereof at the pleasure of the city council.

(n) To perform such other duties and exercise such other powers as may be delegated from time to time by ordinance or resolution of the city council.

(o) To appoint persons to fill the following appointive positions:

(1) City clerk; and

(2) City treasurer.

(p) To execute by signing on behalf of the city any agreement between the city and a property owner or applicant to be recorded against the applicable property, whereby the applicant or owner accepts conditions of approval imposed by the city on a land use entitlement or permit approved and issued by the city pursuant to the article IX (zoning) of this Code, or whereby the owner or applicant agree to provide and maintain dwelling units as affordable housing or as dedicated senior housing in accordance with state, federal, or local regulations.

(q) To execute by signing on behalf of the city any agreement, contract or conveyance to which the city is a party whenever the city council, by ordinance, resolution, motion, minute order, contract, or other appropriate city council action, has authorized the city manager to execute such agreement, contract or conveyance.

(Ord. No. 09-368, §§ 3, 4, 8-26-09; Ord. No. 18-436, § 3, 2-28-18)

The city manager shall be an ex officio member of all boards, commissions and committees appointed by the mayor or the city council pursuant to law, with a right to participate in all deliberations or actions by voice but without vote.

(Ord. No. 09-368, § 5, 8-26-09)

Editor's note— Ord. No. 09-368, § 5, adopted August 26, 2009, changed the title of section 2108 from "Ex officio member of boards and commissions" to "Ex officio member of boards, commissions and committees." The historical notation has been preserved for reference purposes.

Cross reference— Commissions, departments and boards, § 2801 et seq.

It shall be the duty of all subordinate officers, and of the city treasurer and the city attorney, to cooperate with and assist the city manager in administering the affairs of the city most efficiently, economically and harmoniously so far as may be consistent with their duties as prescribed by law and the ordinances of the city.

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 members thereof shall give orders to any subordinates of the city manager.