The office of the City Manager is created and established. The City Manager shall be appointed by the City Council wholly on the basis of his or her administrative and executive ability and qualifications and shall hold office for and during the pleasure of the City Council.
(Ord. 1040 § 1; Ord. 1088 § 1; Ord. 1156 § 1, 1973)
Residence in the city at the time of appointment of a City Manager shall not be required as a condition of the appointment, but within 180 days after reporting for work, the City Manager must become a resident of the city unless the City Council approves his or her residence outside the city.
(Ord. 1040 § 2; Ord. 1156 § 2, 1973)
No member of the City Council shall be eligible for appointment as City Manager until one year has elapsed after such council member has ceased to be a member of the City Council.
(Ord. 1040 § 2; Ord. 1156 § 3, 1973)
The Assistant City Manager shall serve as Manager Pro Tempore during any temporary absence or disability of the City Manager. In the event there is no Assistant City Manager, the City Manager, by filing a written notice with the City Clerk, shall designate another qualified city employee to exercise the powers and perform the duties of the City Manager during the City Manager's temporary absence or disability. In the event the City Manager's absence or disability extends beyond a two-month period, the City Council may, after the two-month period, appoint an acting City Manager. Notwithstanding the aforementioned provisions of this section, the City Manager may, by filing a written notice with the City Clerk, designate a qualified city employee to exercise the powers and perform the duties of the City Manager during the City Manager's temporary absence of a period less than two months.
(Ord. 1040 § 4; Ord. 1156 § 5, 1973; Ord. CS-309 § 3, 2016; Ord. CS-403 § 2, 2021)
The City Manager shall receive such compensation as the City Council shall from time to time determine.
In addition, the City Manager shall be reimbursed for all actual and necessary expenses incurred by him or her in the performance of his or her official duties.
On termination of employment of the City Manager by reason of involuntary removal from service other than for wilful misconduct in office, the City Manager shall receive cash severance pay in a lump sum equal to one month's pay for each of the first three years of continuous service or fraction thereof as City Manager, not to exceed a total of three months' pay, such pay to be computed at the highest salary received by the City Manager during his or her service with the city. Involuntary removal from service shall include reduction in pay not applicable to all employees of the city.
(Ord. 1040 § 5; Ord. 1156 § 6, 1973)
The City Manager shall be the administrative head of the government 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 which are under his or her control. In addition to the City Manager's general powers as administrative head, and not as a limitation thereon, it shall be the City Manager's duty, and he or she shall have the powers set forth in the following subsections.
A. 
Law Enforcement. It shall be the duty of the City Manager to enforce all laws and ordinances of the city and to see that all franchises, contracts, permits and privileges granted by the City Council are faithfully observed.
B. 
Authority Over Employees. It shall be the duty of the City Manager, and he or she shall have the authority to control, order, and give directions to all heads of departments and to subordinate officers and employees of the city under his or her jurisdiction through their department heads.
C. 
Power of Appointment and Removal. It shall be the duty of the City Manager to appoint, discipline, remove, promote and demote any and all officers and employees of the city, except the City Clerk, City Treasurer and City Attorney, and as provided in Section 2.44.050 of this title, subject to all applicable personnel ordinances, rules and regulations.
D. 
Administrative Reorganization of Offices. It shall be the duty and responsibility of the City Manager to conduct studies and effect such administrative reorganization of offices, positions or units under his or her direction as may be indicated in the interest of efficient, effective and economical conduct of the city's business.
E. 
Ordinances. It shall be the duty of the City Manager and he or she shall recommend to the City Council for adoption such policies, measures and ordinances as the City Manager deems necessary or expedient for the health, safety or welfare of the community.
F. 
Attendance at Council Meetings. It shall be the duty of the City Manager to attend all meetings of the City Council unless at the City Manager's request he or she is excused therefrom by the Mayor individually or the City Council, except when his or her removal is under consideration. The City Manager may take part in all matters coming before the council.
G. 
Financial Reports. It shall be the duty of the City Manager to keep the City Council at all times fully advised as to the financial conditions and needs of the city and make such recommendations as the City Manager may deem desirable.
H. 
Budget and Salary Plan. It shall be the duty of the City Manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the City Council, with a message describing important features thereof, and be responsible for its administration after adoption.
I. 
Expenditure Control and Purchasing. It shall be the duty of the City Manager to see that no expenditures shall be submitted or recommended to the City Council except on approval of the City Manager or authorized representative. The City Manager, or authorized representative, shall be responsible for the purchase of all supplies, materials and equipment for all the departments or divisions of the city for which funds are provided in the annual budget, and prepare and submit to the council as of the end of the fiscal year a complete report on the finances and administrative activities of the city for the preceding year.
J. 
Investigations and Complaints. It shall be the duty of the City Manager to make investigations into the affairs of the city and any department or division thereof, and any contract or the proper performance of any obligations 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 public utilities in the city.
K. 
Public Buildings and City Property. It shall be the duty of the City Manager, and he or she shall exercise general supervision over all public buildings, public parks and all other public property, equipment and supplies, which are under the control and jurisdiction of the City Council.
L. 
Additional Duties. It shall be the duty of the City Manager to perform such other duties and exercise such other powers as may be delegated to him or her from time to time by ordinance or resolution or other official action of the City Council.
The City Manager shall also act as the Executive Manager for the Municipal Water District. The Executive Manager shall be the administrative head for the water district and report directly to the Board of Directors.
(Ord. 1040 § 6; Ord. 1156 § 7, 1973; Ord. NS-160 § 1, 1991; Ord. NS-793 § 2, 2006)
Unless otherwise prohibited by state law or a provision of a resolution or ordinance adopted by the City Council, all duties and powers granted to or imposed upon the City Manager may be delegated by the City Manager to other officers, department heads or management employees of the city as the City Manager deems appropriate.
(Ord. NS-793 § 3, 2006)
The City 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 City Council nor any member thereof shall give orders or instructions to any subordinates of the City Manager. The City Manager shall take his or her orders and instructions from the City Council only when sitting in a duly convened meeting of the City Council and no individual councilmember shall give any orders or instructions to the City Manager; however, any councilmember may, as an individual, request pertinent information on municipal affairs and citizen complaints from the City Manager and from department heads through the City Manager. These requests will be answered promptly.
(Ord. 1040 § 21; Ord. 1156 § 9, 1973)
It shall be the duty of all subordinate officers and the City Clerk, City Treasurer and City Attorney to assist the City Manager in administering the affairs of the city efficiently, economically and harmoniously.
(Ord. 1040 § 22; Ord. 1156 § 10, 1973)
The City Manager may attend any and all meetings of the Planning Commission, Parks and Recreation Commission, Harbor Commission, Library Commission, Traffic and Mobility Commission and any other commissions, boards or committees created by the City Council, upon the City Manager's own volition or upon direction of the City Council. At such meetings which the City Manager attends, he or she shall be heard by such commissions, boards or committees as to all matters upon which the City Manager wishes to address the members thereof, and he or she shall inform the members as to the status of any matter being considered by the City Council, and the City Manager shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the City Council.
(Ord. 1040 § 24; Ord. 1156 § 12, 1973; Ord. CS-356 § 2, 2019)
[1]
Editor's Note: As to meetings of the Library Commission, see Section 2.16.025 of this code; as to meetings of the Planning Commission, see Section 2.24.040; as to meetings of the Parks and Recreation Commission, see Section 2.36.060.
The removal of the City Manager shall be effected only by a majority vote of the whole City Council as then constituted, convened in a regular council meeting. In case of the City Manager's intended removal by the City Council, the City Manager shall be furnished with a written notice citing the council's action to remove him or her at least 30 days before the effective date of his or her removal. If the City Manager so requests, the City Council shall provide in writing reasons for the removal, which shall be provided the City Manager within seven days after the receipt of such request from the City Manager, and at least 15 days prior to the effective date of such removal. After furnishing the City Manager with written notice of removal, the City Council may suspend him or her from duty, but his or her compensation shall continue until the date of his or her removal has been established by action of the council. The removal of the City Manager is subject to the following subsections:
A. 
Hearing. Within seven days after the delivery to the City Manager of such notice of intention to remove, the City Manager may, by written notification to the City Clerk, request a hearing before the City Council. Thereafter, the City Council shall fix a time for the hearing which shall be held at its usual meeting place, but before the expiration of the 30-day period, at which the City Manager shall appear and be heard, with or without counsel.
B. 
Suspension Pending Hearing. After furnishing the City Manager with written notice of intended removal, the City Council may suspend him or her from duty, but his or her compensation shall continue until his or her removal by action of the council passed subsequent to the aforesaid hearing.
C. 
Discretion of Council. In removing the City Manager, the City Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the City Manager to present to the City Council his or her grounds of opposition to his or her removal prior to its action.
(Ord. 1040 § 25; Ord. 1156 § 13, 1973)
Notwithstanding the provision of Section 2.12.130, the City Manager shall not be removed from office, other than for misconduct in office, during or within a period of 90 days next succeeding any general municipal election held in the city at which election a member of the City Council is elected or when a new City Councilmember is appointed. The purpose of this provision is to allow any newly elected or appointed member of 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 the City Manager's office. After the expiration of the 90-day period, the provisions of Section 2.12.130 as to the removal of the City Manager shall apply and be effective.
(Ord. 1040 § 26; Ord. 1088 § 3; Ord. 1156 § 14, 1973)
Nothing in this chapter shall be construed as a limitation on the power or authority of the City Council to enter into any supplemental agreement with the City Manager delineating additional terms and conditions of employment not inconsistent with any provisions of this chapter.
(Ord. 1156 § 15, 1973)
The City Manager shall provide written notice, in the event of his or her resignation, to the City Council at least 30 days prior to his or her termination date. The City Council may waive this provision at their sole discretion.
(Ord. 1156 § 16, 1973)