The intent of this charter is to adopt the council-manager form
of government.
(Amended by General Municipal Election on November 2, 2010)
The electors of the City shall elect a council of five (5) members
each of whom shall be elected by district by the voters in that district
for a four (4) year term of office. Commencing with the General Municipal
Election in November of 2020 and every four (4) years thereafter,
the voters in the odd-numbered electoral districts shall elect a councilmember.
Commencing with the General Municipal Election in November of 2022
and every four (4) years thereafter, the voters in the even-numbered
electoral districts shall elect a councilmember. The council shall
constitute the legislative and governing body of the City and shall
have authority, except as otherwise provided in this charter, to exercise
all powers of the City, and to adopt such ordinances and resolutions
as may be proper in the exercise thereof. No councilmember shall serve
more than two (2) consecutive four (4) year terms, commencing as of
a date subsequent to April 9, 1974. A partial term of less than two
(2) years served due to appointment or election to a vacant council
seat does not count as a term for purposes of this section. However,
a combination of an appointment to a vacant council seat followed
by a subsequent election to fill the remainder of the unexpired term
of that same vacant seat shall count as a term for purposes of this
section.
(Res. No. 240; amended April 13, 1982; amended April 10, 1984; amended December
22, 1993; amended by General Municipal
Election on November 7, 2000; amended by General Municipal Election on November 2, 2010; Amended by General Municipal Election on November 3, 2020)
The council shall be sworn in and assume office, subject to
the qualifying provisions of this charter, upon receipt of a certified
statement of the results of the election pursuant to California Elections
Code 15372, as it may be hereafter amended. The council shall hold
its first meeting at that time. Following the certification of the
2020 General Municipal Election, the councilmember who received the
highest number of votes in the 2018 election shall be seated as mayor
for a two (2) year term and the City clerk shall draw lots among all
of the electoral districts except the district where the mayor resides
to determine the selection of the initial vice mayor. The selected
councilmember shall be seated as vice mayor for a two (2) year term.
Following each General Municipal Election thereafter, a vice mayor
shall be seated by rotation in sequential order of the five (5) districts.
Upon termination of a councilmembers' term of office as vice mayor,
the vice mayor shall be seated as mayor. The mayor and vice mayor
shall each serve a two (2) year term.
(Amended May 20, 1980; amended December 22, 1993; amended by General Municipal Election on November 7, 2000; amended by General Municipal Election on November 2, 2010; Amended by General Municipal
Election on November 3, 2020)
The mayor shall be the official head of the City government
for purposes of ceremony and serve as the presiding officer at meetings
of the council, in which meetings the mayor may speak and vote as
any other councilmember. The mayor shall not have the power of veto
or regular administrative duties and shall exercise such powers, and
only such powers, as shall be specifically conferred or required by
law.
(Amended by General Municipal Election on November 2, 2010)
In the temporary absence or disability of the mayor, the vice
mayor shall exercise the duties and prerogatives of the mayor. The
mayor shall, whenever possible, notify the City clerk of the mayor's
intended absence from the City and shall in every instance notify
the City clerk at the time the mayor reassumes duties. In the event
both the mayor and vice mayor are unable to perform their duties,
the council may appoint one of its members to act only as chair of
a meeting.
(Amended by General Municipal Election on November 2, 2010)
The council shall select a City attorney to serve at its pleasure.
The pleasure of the council in selecting or discharging the City attorney
shall be exercised by at least three (3) affirmative votes. The City
attorney shall be selected on the basis of training, experience and
other administrative qualifications for the office, without regard
to political or religious preferences or place of residence at the
time of selection. The City attorney shall act as legal advisor to
and counsel for the council and City manager in matters relating to
their official duties. The City attorney shall represent the City
in litigation in which the City is interested; shall provide written
legal opinion on official matters when requested by the council or
City manager; shall review for legal correctness contracts, bonds,
franchises and other instruments in which the City is concerned, and
perform such other duties as may be prescribed by ordinance, by administrative
code, or otherwise by law. The City attorney may appoint and remove
deputy or assistant attorneys, which deputies and assistants shall
serve at the City attorney's pleasure, provided that recruitment of
such attorneys shall be through the merit system.
(Amended April 13, 1982; amended by General Municipal Election on November
7, 2000; Amended by General Municipal Election
on November 2, 2010)
The council shall select a chief administrative officer of the
City government who shall be entitled City manager, and who shall
serve at the pleasure of the council. The pleasure of the council
in selecting or discharging the City manager shall be exercised by
at least three (3) affirmative votes. If a vacancy occurs in this
position, the council shall select a City manager within a reasonable
amount of time. The City manager shall be selected on the basis of
training, experience and other administrative qualifications for the
office, without regard to political or religious preferences or place
of residence at the time of selection. No councilmember shall be eligible
for the position of City manager within two (2) years after the expiration
of the councilmember's latest term.
(Amended April 13, 1982; amended by General Municipal Election on November
7, 2000; Amended by General Municipal Election
on November 2, 2010)
The council may designate a qualified administrative officer
of the City to assume the duties and authority of the City manager
in circumstances in which the City manager will be absent from the
City or it is anticipated that the City manager will be disabled for
a period of three (3) months or more. The City manager shall appoint
an acting City manager in those cases where the City manager will
be absent from the City or it is anticipated that the City manager
will be disabled for a shorter period than three (3) months.
The council may designate a qualified attorney at law to assume
the duties and authority of the City attorney in circumstances in
which the City attorney will be absent from the City or it is anticipated
that the City attorney will be disabled for a period of three (3)
months or more. The City attorney shall appoint an acting City attorney
in those cases where the City attorney will be absent from the City
or it is anticipated that the City attorney will be disabled for a
shorter period than three (3) months.
(Amended by General Municipal Election on November 7, 2000; Amended by General Municipal
Election on November 2, 2010)
The City manager shall be responsible to the council for the
administration of all units of the City government under the City
manager's jurisdiction and for carrying out policies adopted by the
council. Except for the purposes of inquiry, the council and its members
shall deal with administrative officers and employees solely through
the City manager.
(Amended by General Municipal Election on November 2, 2010)
The City manager shall supervise the administrative affairs
of the City. The City manager shall be charged with the preservation
of the public peace and health, the safety of persons and properties,
the enforcement of law, and the development and utilization of the
City's resources. The City manager shall keep the council informed
of the condition and needs of the City and shall make such reports
and recommendations as the City manager may deem desirable and perform
such other duties as may be prescribed by this charter or required
by ordinance or resolution of the council not inconsistent with this
charter. The City manager shall have the right to take part in the
discussion of all matters coming before the council but not the right
to vote.
(Amended by General Municipal Election on November 2, 2010)
The City manager shall have the power to appoint and remove,
subject to the provisions of this charter, all administrative officers
and employees of the City except those appointed by the City attorney;
or may, at the City manager's discretion, authorize the head of a
department or office responsible to the City manager to appoint and
remove subordinates in such department or office. The City manager
shall appoint a City clerk, a City treasurer, and such other heads
of administrative offices, organization units and activities as the
City manager may deem necessary. The City manager may combine, or
personally hold, any such administrative offices herein or otherwise
established, or may delegate parts of the responsibilities of the
City manager's office to designated subordinates.
(Amended by General Municipal Election on November 2, 2010)
The City treasurer shall have such duties as may be prescribed
by the City manager and shall be responsible for the custody of all
moneys and evidences of value belonging to the City, or held in trust
by the City. The City treasurer shall receive and give a receipt for
all money due the City including that which may be collected by other
City officials or employees. The City treasurer shall keep, deposit
and disburse, all City funds in accordance with law. The City treasurer
shall have such powers and duties in regard to the collection, custody,
and disbursements of funds belonging to other political subdivisions
of the state as may be conferred upon the City treasurer by law. The
council may contract for the provision of some or all of the foregoing
services by third parties.
(Amended by General Municipal Election on November 7, 2000; Amended by General Municipal
Election on November 2, 2010)
The City clerk shall be responsible to, and have such duties
as may be prescribed by the City manager and shall attend and keep
a permanent journal of proceedings at all meetings of the council.
The City clerk shall record and certify all council ordinances and
resolutions. The City clerk shall be custodian of the City seal and
official City records, the custody of which is not otherwise provided
for by council, ordinance, or administrative order of the City manager.
The City clerk shall be the chief elections official of the City in
all elections, including consolidated elections and shall prescribe
and may furnish the forms for all petitions provided for by this charter.
The City clerk shall have the power to administer oaths of office.
(Amended by General Municipal Election on November 7, 2000; Amended by General Municipal
Election on November 2, 2010)
The council may by ordinance create or abolish boards, and commissions, and committees with respect to specific municipal functions as it may deem necessary. The council shall in each case prescribe the number, manner of appointment, length of term, and duties of members of such boards, commissions, and committees who shall serve without compensation but may be reimbursed for necessary expenses incurred in the performance of their official duties. In all cases, except that of the personnel board required by Section 8.01 and the board of appeals, the council shall provide for an appeal by any interested or aggrieved person from the decision of any boards, commission, or committee to the council. The council's decision shall be final. All members of such boards, commissions, or committees shall be residents of the City at the time of their appointment and continuously during their term of office. Boards, commissions, and committees existing at the time this charter is approved by the legislature shall continue to serve until action is taken by the council as provided for in this charter.
(Amended by General Municipal Election on November 7, 2000; amended by General Municipal
Election on November 2, 2010; Amended by General Municipal Election on November 3, 2020)
Within the framework established by this charter, the administrative
organization of the City shall be set forth in administrative directives
which shall be developed by the City manager. Administrative offices
may be created or eliminated by the council only upon recommendation
by the City manager.
(Amended by General Municipal Election on November 7, 2000; Amended by General Municipal
Election on November 2, 2010)
