Chino Hills Municipal Code Ch. 2.08 City Manager

The office of the City Manager is created and established. The City Manager shall be appointed by the City Council wholly on the basis of administrative and executive ability and qualifications. The City Manager shall hold office for and during the pleasure of the City Council.

(Ord. 91-05 § 2.08.010)

No member of the City Council shall be eligible for appointment as City Manager until one year has elapsed after such councilmember has ceased to be a member of the City Council.

(Ord. 91-05 § 2.08.020)

The City Manager shall receive such compensation and expense allowances as the City Council shall from time to time determine, and such compensation shall be a proper charge against such funds of the City as the Council shall designate.

(Ord. 91-05 § 2.08.030)

The City Manager shall be reimbursed for all actual and necessary expenses he or she incurs in the performance of his or her official duties, including those incurred when traveling on business pertaining to the City.

(Ord. 91-05 § 2.08.040)

The City Manager, by letter filed with the City Clerk or Deputy City Clerk, shall designate a qualified City administrative officer to exercise the powers and perform the duties of City Manager during any temporary absence or disability of the City Manager.

(Ord. 91-05 § 2.08.050)

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. In addition to the general powers as administrative head of the City government, and not as a limitation thereon, the City Manager shall be expected to, and shall have the power to:

A. 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;

B. Appoint, remove, promote, and demote any and all officers and employees of the City except elected officers, the City Attorney, and the City Treasurer, subject to all applicable personnel rules and regulations which may be adopted by the City Council;

C. 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;

D. 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;

E. Recommend to the City Council for adoption such measures and ordinances as he or she deems necessary;

F. 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 removal is under consideration;

G. Prepare and submit the proposed annual budget and the proposed annual salary plan to the City Council for its approval;

H. Keep the City Council at all times fully advised as to the financial condition and needs of the City;

I. Make investigations into the affairs of the City and any department or division thereof and any contract or other obligation 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;

J. Exercise general supervision over all public buildings, public parks, and all other public properties which are under the control and jurisdiction of the City;

K. Have the same authority as the Mayor, as the convenience of the parties may dictate, to sign documents specified in Section 40602 of the California Government Code whenever such documents have been approved by the City Council for execution by resolution, motion, minute order, or other appropriate action; and

L. Perform such other responsibilities and exercise such other powers as may be delegated to him or her from time to time by ordinance or resolution or other official action of the City Council.

(Ord. 91-05 § 2.08.060)

(Ord. No. 330, § 1, 6-26-2018)

A. In addition to contracting authority conferred by other provisions of this Code, the City Manager is authorized to execute any contract on behalf of the City provided that the contract is (i) in writing, (ii) prepared in accordance with all other requirements of this code, and (iii) included within one (1) of the following categories:

1. City Council Delegation. Any contract that the City Council has authorized the City Manager to execute on behalf of the City pursuant to ordinance, resolution, minute order, or other action of the City Council.

2. Contracts Wholly Funded by Private Parties. Any contract for goods or services when funded wholly by a private (nongovernmental) party up to one hundred thousand dollars ($100,000.00).

3. Settlement. Any settlement of a City dispute with another party or parties in an amount of fifty thousand dollars ($50,000.00) or less.

4. Indemnity Agreements. With the concurrence of the City Attorney, the City Manager is authorized to execute indemnity agreements 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.

5. Contracts to Rent, Lease, or License Real Property from Other Parties. Contracts for the rental, leasing, or licensing of real property from other parties for a term of five (5) years or less, where the contract amount does not exceed fifty thousand dollars ($50,000.00) per year.

6. Contracts to Rent, Lease, or License City Real Property to Other Parties. The City Manager may award and execute contracts to rent, lease or license City real property to other parties for a term not exceeding five (5) years where the contract amount does not, or is not expected to, exceed fifty thousand dollars ($50,000.00) per year. The authority granted under this section is distinct from the authority conferred on Department Directors by other provisions of this Code to grant individuals and groups permits for the exclusive temporary use of City parks or facilities.

B. No provision of this chapter is intended to limit the authority of the City Manager or any Council appointee from seeking approval of a specific action by the City Council, nor is it intended to limit the authority of the City Council to place limitations on the City Manager's or other Council appointee's authority with respect to entering into specific contracts.

(Ord. No. 372, § 3, 9-14-2021; Ord. No. 392, § 1, 1-10-2023)

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 of the City Council 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 staff members shall provide all information reasonably requested by any councilmember. The City Manager shall take 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. 91-05 § 2.08.070)

It shall be the duty of all subordinate officers, the City Attorney, and City Treasurer to assist the City Manager in administering the affairs of the City efficiently, economically, and harmoniously.

(Ord. 91-05 § 2.08.080)

(Ord. No. 330, § 2, 6-26-2018)

The City Manager may attend any and all meetings of the Planning Commission, and any other commission, board, or committee created by the City Council, upon his or her own volition or upon direction of the City Council. At any such meeting which the City Manager attends, he or she shall be heard by such commission, board, or committee as to all matters upon which he or she wishes to address the members thereof. The City Manager shall inform such commission, board, or committee as to the status of any matter being considered by the City Council pertaining to that body, and shall cooperate to the fullest extent with members of all commissions, boards, or committees appointed by the City Council.

(Ord. 91-05 § 2.08.090)

The removal of the City Manager shall be effected only by a majority vote of the whole Council as then constituted, convened in a regular Council meeting.

(Ord. 91-05 § 2.08.100)

Nothing in this chapter shall be construed as a limitation on the power or authority of the City Council to enter into any supplemental agreement with the City Manager delineating additional terms and conditions of employment not inconsistent with any provisions of this chapter.

(Ord. 91-05 § 2.08.110)