Chapter 2.15
CITY MANAGER
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Sections:
2.15.010 Appointment.
2.15.020 Duties and responsibilities.
2.15.030 Divisions and functions of City Manager's office – Generally.
2.15.040 Employee relations division.
2.15.050 Commercial, industrial and public relations division.
2.15.060 Land management division.
2.15.070 Office management division.
2.15.080 Special projects, research and contracts division.
2.15.090 Adoption of purchasing system.
2.15.100 Authority.
2.15.110 Centralized purchasing.
2.15.120 Purchasing officer.
2.15.130 Exemptions from centralized purchasing.
2.15.140 Purchases through or on behalf of other public agencies.
2.15.150 Estimates of requirements.
2.15.160 Requisitions.
2.15.170 Bidding.
2.15.180 Purchase orders.
2.15.190 Encumbrance of funds.
2.15.200 Formal contract procedure.
2.15.210 Informal bidding procedure.
2.15.220 Inspection and testing.
2.15.230 Action by City Council.
2.15.240 Exclusion.
2.15.250 Central stores.
2.15.260 Surplus personal property.
2.15.270 Emergency services and training division.
2.15.280 Clerical pool division.
2.15.290 Service contracts – Signature authority.
Charter reference – City Manager, § 800 et seq.
2.15.010 Appointment.
The City Manager shall be appointed by and serve at the pleasure of the City Council, subject to the requirements of Charter Section 806. (Ord. 947. Formerly § 2-16).
2.15.020 Duties and responsibilities.
(a) The City Manager shall be the chief administrative officer and the head of the administrative branch of the City government, and shall be responsible to the City Council for the proper administration of all affairs of the City. The City Manager shall be an ex officio member of all boards and commissions and shall serve as chief liaison officer between such bodies and the City Council, but shall have no vote thereon. He shall represent the City in its dealings with the various municipalities and other levels of government unless otherwise provided by the City Council.
(b) The City Manager shall have executive direction of the heads of all departments except those holding elective offices and those appointed by the City Council. These officers shall cooperate with all executive policies and procedures established by the City Manager insofar as the same are not in conflict with their legal duties or direct responsibilities to the City Council.
(c) The City Manager shall have the power to appoint, suspend, discipline or remove from service all other department heads and to perform or otherwise delegate their duties and responsibilities.
(d) The City Manager may prescribe such procedures, rules and regulations, not inconsistent with the Charter or legal actions and policies formulated by the City Council, as he may deem necessary for the conduct of the various departments, and he may investigate and inquire into the affairs of any department at any time.
(e) The City Manager shall, subject to budget authorization and the civil service rules and regulations, appoint and dismiss all regular, probationary and temporary employees as needed. He shall also recommend salary classifications and grant step increases in pay where applicable, within the general pay plan approved by the City Council.
(f) The City Manager shall act as advisor to the City Council on fiscal administration and shall administer the pertinent fiscal affairs of the City. He shall prepare and submit the annual budget of the City and administer it upon adoption. He shall prepare and submit annual financial statements and approve and submit periodically a list of claims and bills for payment.
(g) The City Manager shall serve as the Director of Finance unless otherwise determined by the City Council. He shall also serve as Director of Civil Defense. (Ord. 947; Ord. 1039 § 21. Formerly § 2-16.1).
2.15.030 Divisions and functions of City Manager's office – Generally.
The City Manager's office shall be organized into the following divisions, which shall be under the City Manager's direct supervision. The assistant City Manager, who shall be in the unclassified service and shall also serve as the Deputy Director of Civil Defense, shall directly assist the City Manager in the supervision of these divisions as well as in the overall general administration of the City, and shall act in the capacity of the City Manager in his/her absence and do the work of such officer as required. (Ord. 947; Ord. 1187 § 2, 4-2-68. Formerly § 2-17).
2.15.040 Employee relations division.
There shall be an employee relations division in the City Manager's office, the head of which shall be in the unclassified service, and the functions of which shall be as follows:
(a) Serves as chief negotiator on meet-and-confer matters with representatives from various employee organizations;
(b) Represents the City Manager at meetings with employees and employee organization agents;
(c) Directs City employee relations programs;
(d) Prepares memorandums of understanding with various employee organizations in accordance with California State law provisions, interpreting memorandums of understanding and related legislation on a day-to-day basis with management, individual employees and representatives of various employee organizations;
(e) Acts as City representative at all disciplinary actions and appeals involving employee relations;
(f) Conducts special organization studies and surveys;
(g) Assigns new classifications to bargaining units and performs such other functions as directed. (Ord. 1230 § 1, 6-2-70; Ord. 1285 § 1, 2-19-74. Formerly § 2-17.1)
2.15.050 Commercial, industrial and public relations division.
The commercial, industrial and public relations division shall be under the immediate supervision of a deputy City Manager who shall be in the unclassified service and shall perform the following duties:
(a) Handle assignments involving the promotion of commercial and industrial development on behalf of the City.
(b) Perform any work as is necessary to expeditiously process annexation to the City and assist in the creation of special assessment districts.
(c) Establish and maintain a public information program for keeping the citizenry appropriately advised regarding the affairs of the City.
(d) Prepare or cause to be prepared as directed authorized reports, brochures and official documents to keep the City Council, administrative personnel and the general public informed as to the achievements, current needs and future problems of the community.
(e) Investigate complaints relating to commercial and industrial uses, conduct surveys, make special studies, prepare reports, handle special assignments and do related work as such tasks are delegated by the City Manager.
(f) Establish and maintain a mail, telephone and radio communications system for the efficient handling of citizens, information and service requests by the proper department or officer of the City.
(g) Coordinate and confirm the factual content of all official public statements of subordinate officers before the statements are released for publication. (Ord. 1477 § 1, 9-6-83. Formerly § 2-18).
2.15.060 Land management division.
The land management division shall be under the immediate supervision of the assistant City Manager who shall be in the unclassified service and shall perform the following duties:
(a) Negotiate land transactions, as directed.
(b) Conduct title search and other work as necessary to successfully negotiate property transactions.
(c) Conduct an active program for the sale, lease or management of City-owned property.
(d) Handle the work necessary to investigate and determine the value of property, as directed.
(e) Prepare, or cause to be prepared, authorized reports for use in acquiring property for City use, and perform such other work as directed. (Ord. 1477 § 1, 9-6-83. Formerly § 2-19).
2.15.070 Office management division.
The office management division shall be under the immediate supervision of the City Manager's secretary, who shall be in the unclassified service, and shall be responsible for the following:
(a) Performance of secretarial and office management duties as directed.
(b) Maintenance of confidential files pertaining to the City Manager's office.
(c) Supervision of the clerical staff assigned to the City Manager's office and other related work as directed. (Ord. 1474 § 1, 8-16-83. Formerly § 2-20).
2.15.080 Special projects, research and contracts division.
The special projects, research and contracts division shall be under the immediate supervision of an administrative assistant, who shall be in the unclassified service, and shall be responsible for the following:
(a) Handle special project assignments as directed which generally are not specifically assignable to an individual department or that involve the efforts of several different departments;
(b) Act as a resource for research of various materials, supplies and reports for equipment and programs available through other agencies;
(c) Follow through on contract administration through the City Manager's office and other related work as directed. (Ord. 1499 § 1, 6-19-84. Formerly § 2-20.1).
2.15.090 Adoption of purchasing system.
In order to establish uniform procedures for the purchase of supplies, materials, and equipment (hereinafter sometimes collectively referred to as "personal property"); to secure for the City supplies, materials, and equipment at the lowest possible cost commensurate with quantity needed; to exercise positive financial control over purchases; to clearly define authority for the purchasing function; and to assure the quality of purchases, a purchasing system is hereby adopted. (Ord. 1621 § 1, 2-12-91. Formerly § 2-21.1).
2.15.100 Authority.
The establishment of a centralized purchasing system is authorized and directed by Section 1318 of the City Charter and Sections 54201 through 54205 of the Government Code. (Formerly § 2-21.2).
2.15.110 Centralized purchasing.
There is hereby created a centralized purchasing division, under the direct supervision of the City Manager, in whom is vested authority for the purchase of supplies, materials, and equipment. (Ord. 1621 § 1, 2-12-91. Formerly § 2-21.3).
2.15.120 Purchasing officer.
There is hereby created the position of purchasing officer, who shall be appointed by the City Manager. The purchasing officer shall be in the unclassified service. The purchasing officer shall be the head of and have general responsibility for the purchasing division. The duties of the purchasing officer may be combined with those of any other department or position. The purchasing officer shall, subject to the approval of the City Manager, have authority to:
(a) Purchase or contract for supplies, materials, and equipment required by any authorized City department in accordance with prescribed purchasing and bidding procedures, such administrative regulations as the purchasing officer shall adopt for the internal management and operation of the purchasing division, and such other rules and regulations as may be prescribed by the City Council;
(b) Negotiate and recommend execution of contracts for the purchase of supplies, materials, and equipment;
(c) Act to procure for the City the needed quality and quantity of supplies, materials, and equipment at least expense to the City;
(d) Endeavor to obtain as full and open competition as possible on all purchases;
(e) Prepare and recommend to the City Manager rules governing the purchase of supplies, materials, and equipment for the City;
(f) Prepare and recommend to the City Manager revisions and amendments to the purchasing rules;
(g) Keep informed of current developments in the field of purchasing, prices, market conditions, and new products;
(h) Prescribe and maintain such forms as are reasonably necessary to the operation of the purchasing system and other rules and regulations;
(i) Supervise the inspection of all supplies, materials, and equipment purchased to ensure conformance with specifications;
(j) Recommend the transfer of surplus or unused supplies and equipment between City departments as needed and the sale of all supplies and equipment that cannot be used by any City department or that have become unsuitable for City use;
(k) Maintain a central stores;
(l) Maintain a bidders list, vendor catalog file(s), and the records needed for the efficient operation of the purchasing division. (Ord. 1621 § 1, 2-12-91. Formerly § 2-21.4).
2.15.130 Exemptions from centralized purchasing.
The City Manager, with approval of the City Council, may authorize in writing any City department to purchase or contract or specify supplies, materials, and equipment independently of the purchasing division, but it shall be required that such purchases or contracts be made in conformity with these procedures, and shall further require periodic reports from the City departments on the purchases and contracts made under such written authorization. (Ord. 1621 § 1, 2-12-91. Formerly § 2-21.5).
2.15.140 Purchases through or on behalf of other public agencies.
The purchasing officer is authorized, whenever appropriate, to make purchases of supplies, materials, and equipment through the State Department of General Services, or through, or on behalf of, any other public agency within the discretion of the purchasing officer. (Ord. 1621 § 1, 2-12-91. Formerly § 2-21.6).
2.15.150 Estimates of requirements.
All City departments shall file estimates of their requirements and supplies, materials, and equipment in such manner, at such time, and for such future periods as the purchasing officer shall prescribe. (Ord. 1621 § 1, 2-12-91. Formerly § 2-21.7).
2.15.160 Requisitions.
Authorized City departments shall submit requests for supplies, materials, and equipment to the purchasing officer by standard requisition forms. (Ord. 1621 § 1, 2-12-91. Formerly § 2-21.8).
2.15.170 Bidding.
Purchases of supplies, materials, and equipment by bid procedures shall be pursuant to SCCC 2.15.200 through 2.15.210. Bidding may be dispensed with only when:
(a) An emergency requires that an order be placed with the source of supply that can furnish the personal property most expeditiously; or
(b) The amount involved is less than fifteen thousand dollars ($15,000.00); or
(c) The personal property can be obtained from only one vendor.
Informal bidding procedures (SCCC 2.15.210) shall be conducted for purchases of one hundred thousand dollars ($100,000.00) or less, and formal bidding procedures (SCCC 2.15.200) shall be conducted for purchases of one hundred thousand dollars and one cent ($100,000.01) or more of estimated value.
Bidders will be deemed to be doing business in the City and are required to pay taxes locally, unless required otherwise by state law. (Ord. 1621 § 1, 2-12-91. Formerly § 2-21.9).
2.15.180 Purchase orders.
Purchases of supplies, materials, and equipment not subject to bid procedures shall be made only by purchase order. (Ord. 1621 § 1, 2-12-91. Formerly § 2-21.10).
2.15.190 Encumbrance of funds.
Except for reserved purchase order numbers assigned by the purchasing officer, the purchasing officer shall not issue any purchase order or award any contract for supplies, materials, or equipment unless there exists an unencumbered appropriation in the proper account against which the purchase is to be charged. (Ord. 1621 § 1, 2-12-91. Formerly § 2-21.11).
2.15.200 Formal contract procedure.
Except as otherwise provided, purchases and contracts for supplies, materials, or equipment of estimated value greater than one hundred thousand dollars and one cent ($100,000.01) shall be by written contract with the lowest responsible bidder, pursuant to the following procedures.
(a) Notices Inviting Bids. Notices inviting sealed bids shall include a general description of the articles to be purchased, where bid blanks and specifications may be secured, and the time and place for opening bids.
(1) Published Notices. Notices inviting bids shall be published and/or posted at least ten days before the date of opening the bids. Such notices shall be published at least once in a newspaper of general circulation, and/or notices shall be posted in at least three public places in the city that have been designated as places for posting public notices. Whichever notice is given shall be determined by the purchasing officer as being in the best interest of the City to attract bids.
(2) Bidders List. The purchasing officer shall also solicit sealed bids from all responsible prospective suppliers. It shall be within the discretion of the purchasing officer to add, delete, reject, and change the bidders list so as to maintain a current list of suppliers who are capable of responsible and efficient service to the City.
(b) Bidder's Security. When deemed necessary by the purchasing officer, bidder's security may be prescribed in the public notices inviting bids. Bidders shall be entitled to the return of their bid securities; provided, however, that a successful bidder shall forfeit the bid security upon refusal or failure to execute the contract within ten days after the notice of award of the contract has been mailed unless the City is responsible for the delay. On refusal or failure of the successful bidder to execute the contract, the contract may be awarded to the next lowest responsible bidder. If the contract is awarded to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder.
(c) Bid Opening Procedure. Sealed written bids shall be submitted to the purchasing officer and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids shall be open for public inspection during regular business hours for a period of not less than thirty (30) calendar days after the bid opening.
(d) Rejection of Bids. The purchasing officer may reject any and all bids presented and re-advertise for bids.
(e) Award of Contracts. Upon recommendation of the purchasing officer, contracts shall be awarded by the City Manager, or as delegated by the City Manager, to the lowest responsible bidder except as otherwise provided in these procedures.
(f) Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of re-advertising for bids, the successful bidder may be determined by the casting of lots with the bidders in public at the time designated by the purchasing officer.
(g) Performance Bonds. The purchasing officer shall have the authority to require a performance bond in such amounts as the purchasing officer shall find reasonably necessary to protect the best interests of the City before entering into a contract. If the purchasing officer requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids. (Ord. 1621 § 1, 2-12-91. Formerly § 2-21.12).
2.15.210 Informal bidding procedure.
Except as otherwise provided, purchases and contracts for supplies, materials, or equipment of estimated value in the amount of one hundred thousand dollars ($100,000.00) or less may be made by the purchasing officer in the open market as follows:
(a) Minimum Number of Bids. Open market purchases, whenever possible, shall be based on at least three bids and shall be awarded to the lowest responsible bidder.
(b) Request for Bids. The purchasing officer shall solicit bids by telephone request, written request to prospective vendors by mail, and/or by notice posted on a public bulletin board in or near the office of the purchasing division.
(c) The Request for Bid. The request for bid inviting informal bids shall describe the supplies, materials, or equipment desired in specific terms and how to obtain more detailed information, and the bid request shall state the time and place for submission and opening of bids.
(d) Submission of Bids. Bids may be submitted to the purchasing officer in writing or verbally. The award of the contract by the purchasing officer shall be to the lowest responsible bidder. The purchasing officer may reject any and all bids. The purchasing officer shall keep a record of all open market orders and bids for a period of one year after the submission of bids or the placing of orders. Such record, while so kept, shall be open to public inspection. (Ord. 1621 § 1, 2-12-91. Formerly § 2-21.13).
2.15.220 Inspection and testing.
The purchasing officer shall inspect supplies, materials, and equipment delivered to determine their conformance with the specifications set forth in the order or contract. The purchasing officer shall have the authority to require chemical and physical tests of samples submitted with bids and samples of deliveries that are necessary to determine their quality and conformance with specifications. (Ord. 1621 § 1, 2-12-91. Formerly § 2-21.14).
2.15.230 Action by City Council.
The City Manager acting through the purchasing officer shall conduct all purchasing procedures for acquisition of supplies, materials, and equipment for users as authorized by the City Council by adoption of the annual budget. No award of contract shall be made for a cost in excess of the authorized budget amount through the City Manager without first obtaining approval of the City Council for a budget amendment by addition, cancellation, or transfer. (Ord. 1621 § 1, 2-12-91. Formerly § 2-21.15).
2.15.240 Exclusion.
The purchase or sale of water, electrical power, wastewater, and recycled water shall be exempt and excluded from any provision for public bid procedure. (Ord. 1621 § 1, 2-12-91. Formerly § 2-21.16).
2.15.250 Central stores.
There is hereby established a central storeroom under the control of the purchasing officer in which shall be stored items of common use that may be purchased by the purchasing officer for future distribution to City departments upon written requisition for materials, supplies, and equipment as provided in the annual budget for respective City departments. The purchasing officer shall be responsible for the safekeeping, proper storage, handling, and distribution of all materials, supplies, and equipment therein. (Ord. 1621 § 1, 2-12-91. Formerly § 2-21.17).
2.15.260 Surplus personal property.
The purpose of this section is to maximize for the City the benefits of the prompt and efficient sale, auction, or disposal of the City's surplus personal property pursuant to Charter Section 1318 as follows:
(a) All City departments shall submit to the City Manager, or designee, at such times and on such forms as the City Manager, or designee, shall prescribe, reports showing all personal property that is no longer used, that has become obsolete or worn out, or that has been acquired by the City as unclaimed property.
(b) The City Manager, or designee, is hereby delegated and shall have the authority to dispose of all surplus personal property that cannot be used by any City department or that has become unsuitable for City use when such property is valued (per unit or item) at the following amounts:
(1) Two thousand five hundred dollars ($2,500.00) or less: By any method as determined by the City Manager, or designee.
(2) Between two thousand five hundred dollars and one cent ($2,500.01) and ten thousand dollars ($10,000.00): By posting notice of the intended sale for at least five working days preceding the date of the sale.
(3) Ten thousand dollars and one cent ($10,000.01) and above: By posting notice of the sale for at least five working days and publishing notice of the sale in a newspaper of general circulation at least once and at least one week preceding the date of sale. The published notice will generally describe the personal property subject to disposal and designate the time and place of the sale or auction.
(4) The notice (posted and published) will advise prospective purchasers that a complete list and description of personal property to be disposed of is posted or available at designated location(s). The City Manager, or designee, will generally follow the informal purchase bid procedures provided in SCCC 2.15.210, hereinabove, with respect to receipt of written bids and the resolution of tie bids in SCCC 2.15.200(f).
(c) The City Manager, or designee, may from time to time conduct public auction(s) in lieu of the written bid procedure if the public auction procedure is determined to provide the greater or more efficient market exposure for sales.
(d) The City Manager, or designee, shall have the authority to exchange surplus personal property for, or trade in the same on new supplies, materials and equipment without publishing notice of intent to do so.
(e) No City employee holding either a classified or unclassified position in a City department from which a particular item of personal property is for sale, or City employee who was part of the decision to make the personal property surplus, may bid upon such particular item. (Ord. 1621 § 1, 2-12-91; Ord. 1739 § 2, 8-10-99. Formerly § 2-21.18).
2.15.270 Emergency services and training division.
The emergency services and training division shall be under the immediate supervision of the emergency services coordinator and training officer, who shall be in the unclassified service, and shall be responsible for the following:
(a) To prepare and maintain in a current status necessary basic plans for the conduct of the City operations under natural or war-caused emergencies and to supervise the preparation and maintenance of operational annexes to the basic plans.
(b) To supervise the organization, equipment and training of key personnel for the City's emergency organization in accordance with the emergency services disaster plans.
(c) To enlist and train a voluntary organization for the aid and protection of the community during a natural or war-caused emergency, in accordance with emergency services plan.
(d) To perform such other voluntary community assistance as may be found essential to the common welfare.
(e) To establish, maintain and supervise a continuous in-service training program for the personnel of all the various City departments.
(f) To periodically counsel with employees and make recommendations to the City Manager and do related work as directed. (Ord. 1187 § 3, 4-2-68; Ord. 1241 § 5, 4-13-71. Formerly § 2-22).
2.15.280 Clerical pool division.
The clerical pool division shall be under the immediate supervision of an administrative secretary, who shall be in the unclassified service, and shall be responsible for the following:
(a) Performs secretarial and administrative duties as required by the City Mayor's office;
(b) Supervises clerical personnel of the clerical pool division, and performs such other functions as directed by City Manager. (Ord. 1285 § 2, 2-19-74. Formerly § 2-23).
2.15.290 Service contracts – Signature authority.
Pursuant to Section 400 of the City Charter, authority to execute contracts with third parties for services provided to the City shall be granted to certain City officials as follows:
(a) The City Manager, or designee, is authorized to purchase professional, nonprofessional and personal services required by the City and to execute contracts for such services on behalf of the City in amounts up to and including fifty thousand dollars ($50,000.00) per contract, subject to approved budgetary amounts. Contracts with a value above this dollar limit shall be referred to the City Council for approval.
(b) The City Manager is authorized to delegate all or a portion of the authority to execute such service contracts to specified City employees at her/his discretion. Such delegation of authority shall be made in writing.
(c) Such service contracts are subject to the final review and approval of the City Attorney's office for form and content.
(d) The maximum amount of the value of the service contracts which the City Manager or designee is authorized to execute shall be adjusted as needed by resolution of the City Council, with amounts rounded to the nearest five thousand dollar ($5,000.00) increment. (Ord. 1738 § 2, 8-10-99; Ord. 1784 § 2, 9-16-03).