The council-manager form of government is adopted for the city. There is established the position, duties and office of city manager for the city. The position of city manager is hereby created to be filled by a noncivil service employee and not by a merit or classified service employee.
(1) 
The city manager shall be the chief executive and administrative officer of the city.
(2) 
The city manager shall be appointed by the city council wholly on the basis of his or her administrative and executive ability and qualifications.
(3) 
The city manager shall serve at the pleasure of the city council.
(Ord. 219 § 1, 2014.)
Whenever the word "administrator" or "city administrator" appears in existing ordinances, it shall be deemed to mean and refer to the city manager, and all ordinances not expressly repealed by this chapter and not inconsistent with the provisions of this chapter, referring to or respecting the rights, duties, powers and obligations of the administrator, are continued in full force and effect.
(Ord. 219 § 1, 2014.)
(1) 
The city council shall appoint a city manager for an indefinite term.
(2) 
The salary of the city manager shall be established by the city council at a level commensurate with the responsibilities of the position.
(3) 
The city manager shall serve under the terms of an employment agreement, which shall establish salary, provide for benefits, termination compensation, and terms and conditions of employment.
(4) 
At time of appointment, the city manager need not be a resident of the city or state but shall be selected solely for his or her executive and administrative qualifications.
(5) 
No person elected as member of the city council of the city of Point Arena shall, subsequent to such election, be eligible for appointment as city manager until one year has elapsed after such city council member shall have ceased to be a member of the city council.
(Ord. 219 § 1, 2014.)
The city manager shall be chief executive and administrative officer 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 the affairs of the city that are under his or her control, by law or by direction of the city council. In addition to the general powers as administrative head, the city manager shall have the following specific duties, responsibilities and powers:
(1) 
To enforce all laws and ordinances of the city and see that all franchises, contracts, permits and privileges granted by the city council are faithfully observed.
(2) 
To control order and give direction to all heads of departments, other than the city attorney, and to subordinates officers and employees of the city under his or her jurisdiction.
(3) 
To appoint, promote, demote, suspend, discipline, transfer, or remove, any and all officers and employees of the city, except elective officers and the city attorney. The city manager may authorize any administrative officer subject to the manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency. The city manager may also grant severance packages in an amount authorized by the city council, to any and all officers and employees of the city, except elective officers and the city attorney.
(4) 
To establish an organizational structure of offices, departments, positions and units within the city as may be indicated in the interest of efficient, effective, and economical conduct of the city's business subject to approval of city council.
(5) 
To keep the city council fully informed and advised of the financial, administrative, physical, and operational condition of the city and of its future needs in each area, and make such recommendations and present such plans and programs concerning the affairs of the city as he or she shall deem to be necessary or desirable.
(6) 
To recommend to the city council the adoption of such ordinances and resolutions as deemed necessary or appropriate.
(7) 
To attend all meetings of the city council unless excused by the city council or appoint a designated representative.
(8) 
To prepare and submit the proposed annual budget to the city council for its approval and administer the city budget and capital improvement plan once approved.
(9) 
To be responsible for purchasing in accordance with municipal, state and federal codes for all departments of the city.
(10) 
To negotiate contracts, agreements, purchases and other actions subject to council approval and may sign, in lieu of the mayor, on behalf of the city.
(11) 
To administer all contracts of which the city is a party, and assure that the city's interests are safeguarded, terms are enforced and all elements of any contract are faithfully administered, delegating such oversight and authority as he or she deems appropriate.
(12) 
To investigate, when necessary, the affairs of the city and any department or division thereof and any contract obligation of the city; further, it shall be the duty of the city manager to investigate all complaints in relation to matters concerning the administration of the city government and in regard to the service maintained by the public utilities in the city.
(13) 
To exercise general supervision over all public buildings, public parks, the municipal pier, public facilities, and all other real and personal property, assets, utilities, and other public properties which are under the control and jurisdiction of the city.
(14) 
Cooperate with all community organizations whose purpose is to serve the welfare and best interests of the city and its people, business and organizations, and to provide such persons, businesses and organizations, within lawful limits, assistance through the city government.
(15) 
In preparation for agenda publication, the city manager shall compile and make recommendations of all items/matters concerning the attention of city council. Following the agenda meeting between manager and mayor, manager shall prepare final draft of agenda for city council consideration.
(16) 
To perform such other duties and exercise such other powers as may be delegated to the city manager from time to time by ordinance or resolution or other official action of the city council.
(17) 
To perform the duties of labor relations director, risk manager, oversight of redevelopment successor agency, and such other duties as may be appointed or assumed from time to time.
(18) 
To evaluate, at least annually, the performance of all department heads, the city clerk, and such other employees who report to the city manager.
(19) 
To represent the city in its public, media and intergovernmental relations.
(20) 
To assure that employees and volunteers are adequately trained.
(21) 
To file and prosecute actions on behalf of the city in the small claims courts. With the written consent of the city attorney, the city manager is authorized to reduce the claim of the city by an amount not in excess of the jurisdictional limits of the small claims court as established by the Code of Civil Procedure Section 116.2 then in effect, in order to bring the claim within the jurisdictional maximum amount of a small claims court.
(22) 
To issue administrative directives, general rules and regulations as he or she may deem necessary for the general conduct of the city and its departments.
(23) 
To provide staff support services for the mayor and council members and encourage and provide staff support for regional and intergovernmental cooperation.
(24) 
To assist the council to develop long-term goals for the city and strategies to implement these goals.
(25) 
To perform such other duties as specified by law or may be required by the city council.
(Ord. 219 § 1, 2014.)
The city council and its members shall deal with the administrative services of the city only through the city manager and shall not interfere with the execution of the powers and duties of the city manager, except for purposes of inquiry. Neither the city council nor any member thereof shall give orders to any subordinates of the city manager, except that this limitation and prohibition does not apply to the city council's relations with the city attorney. Neither the council nor any of its members shall direct or request the appointment of any person to, or removal from, office by the city manager or any of the manager's subordinates, or in any manner take part in the appointment or removal of officers and employees in the administrative services of the city.
(Ord. 219 § 1, 2014.)
It shall be the duty of all subordinate officers and employees and the city attorney to assist the city manager in administering the affairs of the city, efficiently, economically, and harmoniously.
(Ord. 219 § 1, 2014.)
(1) 
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 on direction of the city council. At such meetings 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.
(2) 
The city manager shall cooperate to the fullest extent with the members of commissions, boards or committees appointed by the city council.
(Ord. 219 § 1, 2014.)
In case of accident, disaster, or other circumstance creating a public emergency, the city manager may award contracts and make purchases for the purpose of meeting said emergency; but the manager shall file promptly with council a certificate showing such emergency and the necessity for such action, together with an itemized account of all expenditures.
(Ord. 219 § 1, 2014.)
The city manager shall furnish a surety bond to be approved by the council, said bond to be conditioned on the faithful performance of all the manager's duties. The premium of the bond shall be paid by the city.
(Ord. 219 § 1, 2014.)
The city manager shall receive such compensation as the council shall fix from time to time by ordinance or resolution.
(Ord. 219 § 1, 2014.)
The city manager may be removed from his or her position in accordance with this section.
(1) 
During a period of 90 days immediately following any change in the composition of the city council, by election or appointment, the city council shall take no action whether immediate or prospective, to remove the city manager from office. The purpose of this provision is to allow any newly elected or appointed member to the city council to observe the actions and ability of the city manager in the performance of the office of city manager.
(2) 
The city manager shall at all times serve at the pleasure of the city council and, subject to the provisions of this section, may be removed from office at any time, other than as described in subsection (1) by three affirmative votes of city councilmembers, with or without cause.
(3) 
The removal of the city manager shall be effected only by the city council and shall be done in accordance with all applicable laws and ordinances and in compliance with the city manager's employment agreement, provided no such agreement may control over this chapter or any other provisions of the municipal code.
(Ord. 219 § 1, 2014.)
To the extent that any provision of this chapter conflicts with any other provision of the Point Arena Municipal Code, the provisions of this chapter shall apply.
(Ord. 219 § 1, 2014.)
If any section, subsection, sentence, clause, phrase or portion of this chapter or its application to any circumstance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter or its application to other persons and circumstances. The city council of the city of Point Arena hereby declares that it would have adopted the ordinance codified in this chapter and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions hereof are hereby declared to be severable.
(Ord. 219 § 1, 2014.)