Article 2 — City Manager

Pursuant to the provisions of Section 34851 of the Government Code of the State and other applicable laws, the Council hereby establishes a City Manager form of government and creates the office of City Manager.

(§ 1, Ord. 12, as amended by § 1, Ord. 451)

(§ 2, Ord. 12, as amended by § 2, Ord. 451, repealed by § 1, Ord. 677-C.S., eff. July 26, 2000)

The City Manager shall be appointed by the Council solely on the basis of his executive and administrative qualifications and ability.

(§ 3, Ord. 12)

Residence in the City for the City Manager at the time of his appointment may be required as a condition of the appointment.

(§ 4, Ord. 12, as amended by § II, Ord. 256-C.S., eff. April 11, 1979)

No person elected as a Councilman of the City, subsequent to such election, shall be eligible for appointment as City Manager until two (2) years have elapsed after such Council member shall have ceased to be a member of the Council.

(§ 4, Ord. 12)

The City Manager shall devote his full time to the duties of his office and the interests of the City.

(§ 8(n), Ord. 12)

The City Manager shall receive such compensation and expense allowances as the Council from time to time shall determine and fix by resolution.

(§ 7, Ord. 12)

The City Manager shall hold office at and during the pleasure of the Council.

(§ 8, Ord. 12)

The removal of the City Manager shall be only by a vote of at least three (3) members of the Council at a regular meeting of the Council; provided, however, the vote of four (4) members of the Council shall be required to remove a City Manager within sixty (60) days after his appointment or within sixty (60) days after any election at which one or more members are elected to the Council.

(§ 8, Ord. 12)

The 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 Council nor any member thereof shall give orders to the subordinates of the City Manager except in the event of an emergency endangering life or property.

(§ 7 (a), Ord. 12)

It shall be the duty of all subordinate officers, including 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 the laws of the City.

(§ 7 (b), Ord. 12)

The City Manager shall be the administrative head of the government of the City under the direction and control of the Council except as otherwise provided in this article. He shall be responsible for the efficient administration of all the affairs of the City which are under his control. In addition to his general powers as administrative head, and not as limitations thereon, he shall have the following powers and duties:

(a)

To see that all the laws of the City are duly enforced and that all franchises, permits, and privileges granted by the City are faithfully observed;

(b)

To control, order, and give directions to all heads of departments, except the City Attorney, and to subordinate officers and employees of the City through their department heads and to consolidate or combine offices, positions, departments, or units under his direction;

(c)

To appoint, remove, and demote any and all officers and employees of the City except the City Attorney;

(d)

To represent the City in its negotiations and working relationships with the State, the County, and other governmental jurisdictions; provided, however, any contracts negotiated for the exchange of services from any such other governmental jurisdiction shall be subject to the approval of the Council;

(e)

To perform all the duties and powers imposed by law on a City Auditor;

(f)

To attend all meetings of the Council unless excused therefrom by the Council;

(g)

To recommend to the Council for adoption such measures or ordinances as he deems necessary or expedient;

(h)

To keep the Council at all times fully advised as to the financial conditions and needs of the City;

(i)

To prepare and submit the proposed annual budget and the proposed annual salary plan to the Council for its approval;

(j)

To purchase all supplies for all departments or divisions of the City. No expenditures shall be submitted or recommended to the Council except on the report or approval of the City Manager;

(k)

To make investigations into the affairs of the City, or any department or division thereof, and any contract for the proper performance thereof;

(l)

To investigate all complaints in relation to matters concerning the administration of the City government and the service maintained by public utilities in the City and to see that all franchises, permits, and privileges granted by the City are faithfully performed and observed;

(m)

To exercise general supervision over all public buildings, public parks, and all other public property which are under the control and jurisdiction of the Council;

(n)

To perform such other duties and exercise such other powers as may be delegated to him from time to time by ordinance, resolution, or other action of the Council;

(o)

To attend, upon his own volition or upon the direction of the Council, any and all meetings of commissions and boards created by the Council, at which meetings he shall be heard by such commissions and boards as to all matters upon which he wishes to address them; and

(p)

To make such rules and regulations as the City Manager may deem necessary for the conduct of the various administrative departments of the City under his or her jurisdiction; provided, however, he or she is hereby authorized to delegate the authority to make such rules and regulations to the heads of the various administrative departments under the City Manager's jurisdiction;

(q)

To designate, with the consent of the Mayor, an Acting City Manager who shall exercise the powers of the City Manager and have those responsibilities in the event the City Manager is absent or disabled from performing such functions.

(§ 8, Ord. 12, as amended by § 3, Ord. 677-C.S., eff. July 26, 2000)

(§ 7 (c), Ord. 12; repealed by § 3, Ord. 677-C.S., eff. July 26, 2001)

All powers heretofore vested in the Council or in any other officer or employee of the City by ordinance, resolution, or other action of the Council which are, by the provisions of this article, vested in the City Manager shall be deemed to be transferred to the City Manager as though all such ordinances, resolutions, or other actions had been specifically amended.

(§ 7 (c), Ord. 12)