Belmont Municipal Code Art. II City Manager

Footnotes:

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Editor's note— Ord. No. 2020-1145, § 3, adopted Feb. 11, 2020, repealed the former art. II, §§ 2-19, 2-21, 2-22, 2-24—2-39, 2-41, and enacted a new art. II as set out herein. The former art. II pertained to similar subject matter and derived from Ord. No. 978, adopted 3-26-2002; and Ord. No. 2017-1121, adopted 8-22-2017.

The office of the city manager is hereby created and established. The city manager shall be appointed by the city council and hold office for and at the pleasure of the city council.

(Ord. No. 2020-1145, § 3, 2-11-20)

Before entering upon the duties of the office, the city manager shall execute an official bond to the city as provided by Article VIII.

(Ord. No. 2020-1145, § 3, 2-11-20)

No member of the city council shall be eligible for appointment as city manager until one year has elapsed after such council member shall have ceased to be a member of the city council.

(Ord. No. 2020-1145, § 3, 2-11-20)

(a) The assistant city manager shall serve as manager pro tempore during any temporary absence or disability of the city manager. In the event there is no assistant city manager, the city manager, by filing a written notice with the city council, shall designate a qualified city employee to exercise the powers and perform the duties of city manager during his temporary absence or disability.

(b) Should the city manager's absence or disability continue for more than 30 days the city council may appoint an acting city manager who shall furnish a corporate surety bond as provided in Section 2-20.

(Ord. No. 2020-1145, § 3, 2-11-20)

The salary for the city manager shall be such as is set by the city council from time to time.

(Ord. No. 2020-1145, § 3, 2-11-20)

The city manager is the administrative head of the city government under the direction and control of the city council. The city manager is responsible for the efficient administration of all the affairs of the city under his or her control. In addition to the general powers as administrative head, and not as a limitation thereon, the city manager's duties and powers include those set forth in this article. The city council may delegate other duties and powers to the city manager from time to time by ordinance or resolution or other official action.

(Ord. No. 2020-1145, § 3, 2-11-20)

(a) Enforcement. The city manager shall see that all laws and ordinances of the city are duly enforced and that all franchises, contracts, permits and privileges granted by the city council are fulfilled.

(b) Control of Personnel. The city manager shall control and direct all heads of departments and subordinate officers and employees of the city except the city attorney.

(c) Appointment, discipline and removal. The city manager shall appoint, remove, promote and demote any and all nonelective city officers and employees except the city attorney, subject to personnel rules and general directives adopted by city council resolution and all applicable laws.

(d) Administrative organization. The city manager shall conduct studies and effect such administrative reorganization of offices, positions or units under his or her direction and control as may be indicated in the interest of efficient, effective and economical conduct of the city's business.

(e) Recommend ordinances. The city manager shall recommend to the city council for adoption such measures or ordinances as he or she deems necessary or expedient.

(f) Attendance at city council meetings. The city manager shall attend all meetings of the city council, unless excused by the mayor.

(g) Attendance at citizen advisory body meetings. The city manager may attend any and all meetings of a citizen advisory body created by the city council and address the body.

(h) Financial reports. The city manager shall keep the city council fully advised as to the financial condition and needs of the city.

(i) Budget. It shall be the duty of the city manager to prepare and submit the proposed budget and the proposed annual salary plan to the city council for its approval as required by the applicable provisions of the Government Code.

(j) Investigations and complaints. The city manager shall as he or she determines appropriate in accordance with the law and good management practices investigate the affairs of the city and any department or division thereof, and any contract or the proper performance of any obligations of the city, and all complaints in relation to matters concerning the administration of the city government.

(k) Purchasing. The city manager is the purchasing officer of the city and shall see that no expenditures are submitted or recommended to the city council except on approval of the city manager, and that all purchases comply provisions of the Purchasing Control System and this code.

(l) Supervision of Public Property. The city manager shall exercise general supervision over all public buildings, public parks and all other public property which is under the control and jurisdiction of the city council.

(m) Other duties and powers. The city manager shall perform such other duties and exercise such other powers as may be delegated to him from time to time by ordinance or resolution or other official action of the city council.

(n) Delegation. Except as directed by the city council or when the personal performance of his or her duties is required by law, the city manager may delegate duties and powers to subordinate officers under his or her oversight and control.

(Ord. No. 2020-1145, § 3, 2-11-20)

The policies of the city council shall be implemented through the city manager. The city council and its members shall deal with the administration 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 subordinates of the city manager.

(Ord. No. 2020-1145, § 3, 2-11-20)

All subordinate officers and employees and the city attorney shall cooperate with and assist the city manager in administering the affairs of the city efficiently, economically and harmoniously.

(Ord. No. 2020-1145, § 3, 2-11-20)

The city manager is authorized to take all steps necessary to prepare contract documents before final signature including requesting proposals, inviting bids, applying for grants, and negotiating contract terms. This authority is subject to compliance with the applicable provisions of Article V (Purchasing Control System) and Section 2-29.

(Ord. No. 2020-1145, § 3, 2-11-20)

(a) Authority to execute. The city manager is authorized to execute any contract on behalf of the city that is:

(1) covered by sufficient unencumbered funds appropriated in the adopted budget,

(2) in writing, prepared in accordance with all other requirements of this code,

(3) approved as to form by the city attorney, and

(4) included within one of the following subsections.

(b) Any document specified in Government Code Section 40602 whenever the city council has delegated such authority by resolution, motion, minute order or other appropriate council action. The authority granted by this section is in addition to and not a limitation on authority granted by other provisions of this code and city ordinances.

(c) Services. Any services contract in an amount of $75,000 or less. Contracts for services that are awarded by the city manager for an initial term of one year or less may be renewed by affirmative action of the city manager for additional one-year terms provided the contract amount, including any change orders or amendments, does not exceed $75,000 in any one year. Automatic renewals are not authorized by this subsection. It is expected that service contracts will be competitively solicited on a regular basis as appropriate (i.e., every three to five years).

(d) Goods Acquisition or Disposition. After complying with the procedures for contractor selection in Article V, any contract for goods acquisition or disposition in an amount of $75,000 or less.

(e) Real Property Acquisition. Any contract for real property for:

(1) Acquisition in an amount of $75,000 or less including a temporary license to enter property, or

(2) Acceptance of an offer of dedication, regardless of amount, as a condition of development of private property.

(f) Real Property Disposition. Any contract for real property disposition in an amount of $75,000 or less including a temporary license to enter property. The term of any lease or use agreement shall not exceed 12 months; provided, however, the city manager may approve a lease term of up to three years if supported by a written determination of special circumstances which constrain alternate (non-lease) uses of the property during the extended term.

(g) Public Project Construction. Any contract for public project construction up to the amount set forth in Public Contract Code Section 22032(b).

(h) Private Development Construction.

(1) Improvement agreements for construction of public improvements required as a condition of a final map approved by the city council.

(2) Any contract for private development construction with public improvements of an estimated cost of $220,000 or less.

(i) Contracts Wholly Funded by Private Parties. Any contract for goods or services, regardless of amount, when funded wholly by a private (nongovernmental) party.

(j) Claim Settlement. In accordance with Government Code Section 935.4, any agreement in an amount of $50,000 or less for the settlement of a claim or of an administrative or judicial proceeding.

(k) Contract Amendments or Change Orders.

(1) City Manager Awarded Contracts. Any amendment or change order to an existing contract originally awarded or executed by the city manager, as long as the total contract amount, including all amendments or change orders, does not exceed the city manager's contract authority.

(2) Council Awarded Contracts. Unless otherwise specifically delegated by the city council at the time of contract award, any amendment or change order to an existing contract originally awarded by the city council, as long as the total aggregate amount of amendments or change orders for the contract are in an amount of 10 percent or less of the original contract amount.

(l) Indemnity Agreements. With the concurrence of the risk manager and the city attorney, the city manager is authorized to execute indemnity agreements in either of the following circumstances:

(1) An indemnity agreement to allow the city to use the property of any public agency, private organization or person; provided, that the indemnity is limited to claims, losses, damages, or injuries arising directly from the city's use of the property; or

(2) An indemnity agreement where the contract amount does not exceed $50,000.

(m) Emergency.

(1) In the event of an emergency as defined in Section 2-102, the city manager is authorized, notwithstanding subsections (a)(2) and (a)(3), to enter into a written contract of any amount that complies with (a)(1) if:

(A) The city manager makes a written determination based on substantial evidence that:

(i) There is an emergency,

(ii) There is a need to take immediate action to resolve the emergency,

(iii) The contract action proposed to be taken is directly related to resolving the emergency, and

(iv) The emergency will not permit a delay resulting from compliance with the Purchasing System; and

(B) Complies with state and federal contracting laws, including Section 2-150 and Public Contract Code Section 22050.

(2) After documenting compliance with subsection (m)(1), the city manager is authorized to contract and direct action to the extent necessary to resolve the emergency. The city manager shall to the extent feasible comply with the requirements of the Purchasing System.

(3) The city manager must do the following at the earliest feasible time for each:

(A) Transmit the written determination required by subsection (m)(1)(A) to the city council; and

(B) Terminate the emergency action.

(4) The city manager must give a report of the emergency and actions taken to address the it to the city council at the next regularly scheduled city council meeting. The city council will determine the necessity of continuing further emergency action, if not already terminated by the city manager.

(Ord. No. 2020-1145, § 3, 2-11-20; Ord. No. 2024-1179, § 1, 7-23-24; Ord. No. 2025-1190, § 1, 9-23-25)

(a) The city manager may promulgate administrative regulations governing the use of city property. Administrative regulations governing the conduct of the public on city property are not effective until personally signed by the city manager. For regulations specific to city parks, the city manager should consult with the parks, recreation and culture commission before finalizing a new regulation or significant amendment to an existing regulation, except under exigent circumstances or when directed by the city council to finalize and implement a new or amended regulation.

(b) Before enforcing an administrative regulation governing the conduct of the public on city property, the city manager shall cause a copy of the applicable regulation or a synopsis thereof, to be conspicuously posted at or near the premises governed by the regulation. Alternatively, the city manager may post one or more signs at or near the premises giving public notice of the regulation.

(c) It is unlawful for a person having knowledge of an administrative regulation governing a city property to fail to obey the regulation.

(d) It is unlawful for a person to fail to obey a sign erected or maintained to carry out an administrative regulation governing city property. A person is conclusively presumed to have knowledge of the contents of a sign that is conspicuously posted at or near the principal entrances to a park.

(e) This section supplements, and is not intended to be the exclusive expression of, the city manager's authority to promulgate administrative regulations in fulfilling his general duties.

(Ord. No. 2020-1145, § 3, 2-11-20; Ord. No. 2025-1190, § 2, 9-23-25)

Nothing in this Code 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 provisions of this Code.

(Ord. No. 2020-1145, § 3, 2-11-20)