Article VI — ADMINISTRATION

There shall be a City Manager appointed by the Council, who shall be the administrative coordinator of the city government and shall serve at the pleasure of the City Council. The City Manager shall be chosen solely on the basis of executive and administrative qualifications, with special reference to actual experience in, or knowledge of, accepted practice in respect to the duties of the office as hereinafter set forth.

No member of the City Council shall, during the time for which such member was elected or appointed, or for one year thereafter, be eligible to hold the position of City Manager or City Manager pro tem.

Subject to policy prescribed by the Council, the City Manager shall have the power and duty to:

• (a) Supervise the administrative affairs of the city except as otherwise specifically provided in this Charter.

• (b) Provide the Council with such information as may be requested or needed for the Council to perform its duties.

• (c) Make such recommendations to the Council concerning the affairs of the city as the City Manager may deem desirable,

including the proposal of ordinances and resolutions the City Manager finds necessary for effective management or in the public interest.

• (d) Keep the Council advised of the financial condition and future needs of the city.

• (e) See that the ordinances of the city and the applicable laws of the State are enforced.

• (f) Appoint, discipline and remove all department heads of the city under the jurisdiction of the City Manager provided that the appointment or dismissal of department heads shall be subject to approval of the Council.

• (g) Act as purchasing agent for the city and all offices, boards, commissions and committees.

• (h) Investigate the operations of departments and other agencies of the city, and of all contracts to which the city is a party, and assure proper performance.

• (i) Investigate complaints concerning utility operations and see that all permits, privileges and franchises granted by the city are faithfully performed.

• (j) When directed by the City Council, represent the City in its inter-governmental relations, and negotiate contracts for joint governmental actions subject to Council approval.

• (k) If so authorized by ordinance, perform the duties imposed by law on a City Clerk, Auditor, Assessor, Tax Collector or Treasurer and deputize others to act for the City Manager in such matters to the extent permitted by law.

• (l) Exercise general supervision over all public property under control of the city.

(m) Attend all meetings of the City Council unless excused, and such meetings of the boards, commissions and committees as the City Manager chooses, or which the City Manager is directed to attend by the Council, and participate in discussions at such meetings.

• (n) Perform such other duties as may be prescribed by this Charter or required of the City Manager by ordinance or resolution of the Council.

• (o) Recommend to the City Council such general rules and regulations as the City Manager may deem necessary or expedient in the general conduct of the administrative departments under the jurisdiction of the City Manager.

• (p) Devote full-time to the duties of the office and to the interests of the city.

The heads of the administrative departments under the City Manager shall be directly responsible to the City Manager for the efficient administration of their respective departments. The City Manager may designate acting department heads, subject to the approval of the Council, when necessary to assure the continuity of the City's business. The City Manager shall have the power,

with the approval of the Council, to employ expert consultants to perform work or give advice connected with the departments of the city when the City Manager finds such work or advice necessary.

In the case of general conflagration, rioting, floods or other emergency menacing life or property, the City Manager shall at the direction of the Mayor, marshal all of the forces of the different departments of the city for the maintenance of the general security.

No member of the Council shall by suggestion or otherwise attempt to influence or coerce the City Manager for personal gain, nor shall any member of the Council discuss directly or indirectly or attempt to exact any promise from any candidate for City Manager concerning appointments to City offices or employment. Council Members may make inquiry of City staff and may conduct discussions with staff, but shall not direct the staff's allocation of time or resources nor dictate the results of their work product. Neither the Council nor any member thereof shall give orders to any subordinate of the City Manager, either publicly or privately. A violation of the provisions of this section by any member of the Council shall constitute a misdemeanor for which the offending member may be charged in any court of competent jurisdiction, and if found guilty the sentence imposed shall include removal from office. No prohibition herein contained shall be construed to mean that any member of Council shall in any respect be prohibited from informing the City Manager as to any fact within the Council Member's knowledge which might be of value in assisting the City Manager to appoint or employ qualified persons, or to discharge any unqualified person. (Amended by election on June 7, 1994)

The City Council shall appoint one of the officers of the City to serve as Manager pro tem during any absence or disability of the City Manager.

The Council shall by ordinance provide the form of organization through which the functions of the city are to be administered. Any combination of duly authorized duties, powers and functions which in the judgment of the Council will provide the most efficient and economical service possible consistent with the public interest and in keeping with accepted principles of municipal administration may be authorized by such ordinance. All departments or other administrative sub-divisions so created shall be administered by the City Manager or by a department head, unless otherwise authorized by this Charter.

The functions and services which shall be included in the administrative organization herein authorized may include but are not necessarily limited to the following:

• (a) The planning, and regulation of land use.

• (b) The regulation of building and housing standards and regulations governing occupancy.

• (c) Cultural and recreational programs.

• (d) The protection and improvement of the public health.

• (e) The protection of persons and property and the preservation of the peace.

• (f) The prevention and extinguishing of fires.

• (g) The development, maintenance and operation of parks and recreation areas.

• (h) The acquisition, construction and maintenance of public works.

• (i) The acquisition, construction, maintenance and operation of public utilities and enterprises, including but not limited to power and light, fuel and heat, water, harbors, airports, vehicular parking and transportation.

• (j) All necessary administrative and fiscal services.

• (k) Any other function or service specifically authorized by Charter or authorized or permitted by State Law.

There is hereby created the office of City Attorney, who shall be the chief legal advisor and prosecutor of the city. The City Attorney shall be appointed by and serve at the pleasure of the Council and shall have been at the time of appointment admitted to practice and engage in the practice of law in the State of California and must be a citizen of the United States. The City Attorney shall advise all officers and agencies of the city on legal matters referred to the City Attorney, shall draft such ordinances, resolutions, contracts and other legal documents as directed by the City Council or requested by the City Manager, shall prosecute violations of city ordinances and shall act as counsel in behalf of the city or any of its officers or agencies in litigation involving any of them in their official capacity. The City Attorney shall administer the office of City Attorney subject to policies prescribed by the Council. The Council may empower the City Attorney, at the request of the City Attorney, to employ special legal counsel, appraisers, engineers and other technical and expert services necessary for the handling of any pending or proposed litigation, proceeding or other legal matter. The City Attorney shall approve, as to form, all official and other bonds given to or for the benefit of said City, and no contract shall become enforceable as against said City without the endorsement thereon of the City Attorney's approval thereof.

When the City Council determines that City Attorney is unable or unwilling to perform the duties of his office the City Council shall appoint some other qualified attorney to temporarily act in his place when in the judgment of the Council, the interest of the city require it.

(Amended by election November 5, 1991)

The Council shall appoint or provide for the appointment of a City Clerk who shall serve at the pleasure of the Council. The City Clerk will perform all duties as prescribed in this Charter or by Ordinance.

SALARIES.

The City Council may create offices and employments in addition to those provided by this Charter. Whenever in the judgment of the Council no necessity exists for the continuation of any appointed office or employment created or provided by this Charter, except that of City Manager, the Council shall discontinue such office or employment.

The Council shall by ordinance or resolution determine the salaries of all officers and employees of the City except as otherwise provided in this Charter.

The City Council may contract with temporary help firms for temporary help to assist city agencies, departments or offices during any peak load, temporary absence, or emergency, provided the Council determines that it is in the economic interest of the city to provide such temporary help by contract, rather than employing persons for such purposes. Use of temporary help under this section shall be limited to a period of not to exceed ninety (90) days for any single peak load, temporary absence, or emergency situation. Temporary help furnished by temporary help firms pursuant to contract as authorized by this section shall not be deemed to be officers or employees of the city and Article VIII of this Charter shall have no application to such temporary help.