Chapter 31 — CITY OFFICIALS

The compensation of all officers and employees of the city shall be fixed by the Council by resolution. (`67 Code, § 1-7-1) (Ord. 45, passed 3-29-38; Am. Ord. 2008-011, passed 10-13-08)

The City Clerk and the City Treasurer shall each give a bond in an amount recommended by the City Attorney and fixed by the City Council for the faithful performance of the duties of their respective offices, as provided by law. (`67 Code, § 1-7-3) (Ord. 79-9, passed 12-10-79; Am. Ord. 2008-011, passed 10-13-08)

(A) Position created. Pursuant to Cal. Gov't Code § 34851, the City Council does hereby adopt the City Manager form of government. Wherever the term City Administrator appears in this code, it shall be construed to mean and include the term City Manager. The City Manager shall be appointed by the Council solely on the basis of his executive and administrative qualification and ability, and shall hold office at and during the pleasure of the Council. (`67 Code, § 1-5-1) (Ord. 85-08, passed 7-22-85)

(B) Eligibility. Any person appointed to this position shall reside within a reasonable distance to the city, pursuant to California's Constitution Article XI § 10(b). No person elected or appointed to membership on the Council shall, subsequent to such election or appointment, be eligible for appointment as City Manager until one year has elapsed after he has ceased to be a member of the Council.

(`67 Code, § 1-5-2)

(C) Bond. The City Manager shall secure a corporate surety bond to be approved by the Council in such sum as may be determined by the Council and shall be conditioned on the faithful performance of the duties imposed on the City Manager as herein prescribed. Bond fee to be paid by the city.

(`67 Code, § 1-5-3)

(D) Absence. In case of an absence, disability or suspension of the City Manager, the Assistant City Manager shall perform the duties of the City Manager during this period of absence, disability, or suspension of the City Manager. During this time, the Assistant City Manager will receive a step increase in his or her base salary, or in the event the Assistant City Manager is at the top step, he or she shall receive a 5% base salary increase during the duration in which he or she is performing the duties of a City Manager.

(`67 Code, § 1-5-4) (Ord. 228, passed 7-9-56; Am. Ord. 85-08, passed 7-22-85)

(E) Appointment; removal. The City Council shall appoint the City Manager for an indefinite term and may remove him or her at any time by a three member vote of the City Council. The City Manager serves at the pleasure of the City Council and can be removed from office according to the terms and conditions set forth in his or her employment agreement.

(`67 Code, § 1-5-5) (Ord. 68-5, passed 10-28-68)

(F) Removal after municipal election. Notwithstanding the provisions of this chapter, the City Manager shall not be removed from office during or within a period of 90 days next succeeding any general municipal election held in the city which a member of the City Council is elected; the purpose of this provision is to allow any newly elected member to the City Council or a reorganized City Council to observe the actions and ability of the City Manager in the

performance of the powers and duties of his or her office. After the expiration of the 90-day period, the provisions of division (E), above, pertaining to the removal of the City Manager shall be effective. (`67 Code, § 1-5-6)

(G) Compensation. The City Manager, or such person designated to perform his or her duties as provided in division (D) above shall receive such compensation as the City Council shall from time to time determine and fix, and the compensation shall be a proper charge against such funds of the city that the City Council shall designate. Additional compensation may be provided to the City Manager as determined by his or her employment agreement. (`67 Code, § 1-5-7)

(H) Powers; duties. 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. He or she shall be responsible for the effective administration of all the affairs of the city, which are under his or her control. In addition to his or her general powers as administrative head, not as a limitation thereof, it shall be his or her duty and he or she shall have the power:

(1) To accept full responsibility for all city activities, programs, and services, including directing the development and implementation of goals, objectives, policies, and procedures; and ensure that established goals and priorities are achieved.

(2) To provide advice and consultation to the City Council on the development and implementation of city programs and services.

(3) To direct and participate in the preparation and administration of the city budget; prepare and submit to the City Council reports of finances and administrative activities; keep Council advised of financial conditions, program progress, and present and future needs of the city.

(4) To review and evaluate program service delivery methods and systems within the city, including administrative and support systems and internal relationships; identify opportunities for improvement and implement changes to standard operating procedures to enhance services.

(5) To coordinate the preparation of the agenda for the City Council; address the City Council on behalf of city staff; represent the City Council to employees, community groups, individual members of the public, and other governmental agencies; and respond to the most difficult complaints and requests for information.

(6) To direct the implementation, maintenance and enforcement of city personnel policies and practices as prescribed by the City Council; direct staff or serve as the chief negotiator in labor relations activities; select, supervise, train, and evaluate assigned staff.

(7) To work with the Assistant City Manager to confer with department heads and managers concerning administrative and operational problems, work plans, and strategic plans; make appropriate decisions or recommendations; and oversee the preparation and implementation of long-range plans for the city.

(8) To serve as a resource for the City Council, department personnel, city staff, other organizations and the public; and coordinate pertinent information, resources, and work-teams necessary to support a positive and productive environment.

(9) To perform all duties as prescribed by City Council actions; and direct the preparation of plans and specifications for work, which the City Council requests.

(10) To attend and participate in professional and community meetings as necessary; stay current on issues relative to public administration and relative service delivery responsibilities; respond to and resolve sensitive and complex community and organizational inquiries, issues, and complaints; and establish and maintain a customer services orientation within the city organization.

(11) To establish positive working relationships with representatives of community organizations, state/local agencies and associations, city management and staff, and the public.

(12) To appoint and remove any officers and employees of the city, except elected officers and their respective staffs.

(13) To attend all meetings of the City Council, unless excused by the City Council, except when his or her removal is under consideration by the City Council at a closed session of the City Council.

(Ord. 2008-011, passed 10-13-08; Am. Ord. 2017-001, passed 1-10-17)

(A) Position created. The office of Assistant City Manager is hereby created and established.

(B) Bond. The Assistant City Manager shall, before entering upon the duties of his or her office, execute a bond to the city, conditioned upon the faithful performance of his or her duties, in an amount to be fixed from time to time by resolution of the City Council.

(C) Compensation. The Assistant City Manager shall receive as compensation such salary as the City Council from time to time fixed by resolution or through an employment agreement. Additional compensation may be provided to the Assistant City Manager as determined by his or her employment agreement.

(D) Powers and duties. The Assistant City Manager shall perform all duties of his or her office pursuant to state law, the ordinances of the city, and such other duties not in conflict therewith as may be required by the City Manager and City Council. In addition, the Assistant City Manager shall have the duty and power:

• (1) To provide assistance and support to the City Manager, develop programs, policies and plans related to all facets of city government in coordination with the City Manager.

• (2) To assist with the coordination of the annual budget process.

• (3) To recommend, implement and administer internal department policies and procedures.

• (4) To ensure city policies, procedures, and rules are followed.

• (5) To assist the City Manager in developing recommendations on a wide variety of municipal programs and issues.

• (6) To prepare reports and correspondence for the City Council or outside agencies as required.

• (7) To attend City Council meetings as requested by the City Manager.

• (8) To represent the City Manager at various meetings or other functions in his or her absence at the City Manager’s discretion.

• (9) To act in the absence of the City Manager as set forth in § 31.04(E).

• (E) Absence of City Manager. The Assistant City Manager shall perform all duties of the City Manager, enumerated in § 31.03 of this Code, in the event the City Manager separates from employment with the city or is otherwise unable to perform his or her duties.

• (F) Appointment; removal. The City Manager shall appoint the Assistant City Manager. The Assistant City

Manager serves at the pleasure of the City Manager and can be removed from office according to the terms and conditions as set forth in his or her employment agreement.

• (Ord. 2017-001, passed 1-10-17)

• (A) Office created. The office of Director of Finance is hereby created and established.

• (`67 Code, § 1-13-1)

(B) Bond. The Director of Finance shall, before entering upon the duties of his or her office, execute a bond to the city, conditioned upon the faithful performance of his duties, in an amount to be fixed from time to time by resolution of the City Council.

(`67 Code, § 1-13-2)

(C) Compensation. The Director of Finance shall receive as compensation such salary as the City Council shall from time to time fix by resolution.

(`67 Code, § 1-13-3)

(D) Powers and duties. The Director of Finance shall perform all duties of his office by state law, the ordinances of the city, and such other duties not in conflict therewith as may be required by the City Manager and the City Council. In addition, the Director of Finance shall have the following powers and duties:

(1) Administration of financial affairs. Have charge of the administration of the financial affairs of the city.

(2) Budget. Compile annual fiscal year budget expense and income estimates for the city and submit them to the City Manager by April 15 for the following fiscal year beginning July 1.

(3) Accounting system. Maintain a general accounting system for the city government and each of the offices, departments and agencies thereof.

(4) Disbursements. Supervise and be responsible for the disbursement of all money; audit all purchase orders; audit all bills, invoices, payrolls, demands and other charges against the city government before submission to the City Council for approval.

(5) Financial reports. Submit to the City Manager and City Council a monthly statement of all receipts and disbursements in sufficient detail to show the exact financial condition of the city; and, as of the end of each fiscal year, submit a complete financial statement and report.

(6) Property inventory. Supervise the keeping of current inventories of all property of the city by all city departments, offices and agencies.

(7) Demands for money. Demand and receive all monies and fees owing to the city whenever any person is indebted to the city in any manner, when the means of collection of such debt is not otherwise provided for by law.

(8) Collection of utility accounts, fees, and the like. Supervise the collection and billing of water, sewer and garbage accounts, bicycle license fees, dog license fees, building permit fees, and all other miscellaneous income receipts to the city.

(9) Preparation and issuance of business licenses. Preparation of city business licenses and the supervision of the issuance of business licenses and the collection of fees therefor.

(10) Other functions. To perform such other functions as the City Manager may from time to time specify or such other functions as may be prescribed from time to time by action of the City Council. (`67 Code, § 1-13-4)

(E) Duties transferred from City Clerk. The Director of Finance shall perform all the financial and accounting duties heretofore imposed upon the City Clerk, and the City Clerk shall be and hereby is relieved of all such duties imposed upon the City Clerk by Cal. Gov't Code §§ 37700 et seq. and §§ 40802 through 40805.

(`67 Code, § 1-13-5) (Ord. 84-01, passed 2-27-84; Am. Ord. 2008-011, passed 10-13-08; Am. Ord. 2017-001, passed 1-10-17)

Statutory reference:

Transfer of duties authorized, see Cal. Gov't Code §§ 37209 and 40805.5