Note: Prior ordinance history: Ord. 2.
The office of city manager is created and established. The city
manager shall be appointed by the city council wholly on the basis
of administrative and executive ability and qualifications. The city
manager shall hold office at the pleasure of the city council.
(Ord. 27 § 1, 1984)
The city manager shall receive such compensation and expense
allowances as the city council shall from time to time determine,
and such compensation shall be a proper charge against such funds
of the city as the council shall designate.
(Ord. 27 § 1, 1984)
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, including those incurred when traveling on business pertaining
to the city.
(Ord. 27 § 1, 1984)
The city manager, by a letter filed with the city clerk, shall
designate a qualified city employee to exercise the powers and perform
the duties of manager during his or her temporary absence or disability.
In the event the city manager's absence or disability extends for
more than a two month period, the council may appoint an acting city
manager.
(Ord. 27 § 1, 1984)
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 affairs of the city which
are under his or her control. In addition to his or her general powers
as administrative head, and not as a limitation thereon, he or she
shall be expected to, and shall have the power to:
A.
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.
Appoint,
remove, promote and demote any and all officers and employees of the
city except elective officers and the city attorney, subject to all
applicable personnel rules and regulations which may be adopted by
the city council;
C.
Control,
order and give directions to all department heads who are subject
to his or her appointment and removal authority, and to subordinate
officers and employees of the city under his or her jurisdiction through
their department heads;
D.
Conduct
studies and effect such organization and 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.
Recommend
to the city council for adoption such measures and ordinances as he
or she deems necessary;
F.
Attend
all meetings of the city council unless excused therefrom by the mayor,
individually, or the city council as a whole, except when his or her
removal is under consideration;
G.
Prepare
and submit the proposed annual budget and the proposed annual salary
plan to the city council for approval;
H.
Direct
and supervise all the purchasing activities of the city;
I.
Keep
the city council at all times fully advised as to the financial condition
and needs of the city;
J.
Make
investigations into the affairs of the city and any department or
division thereof and any contract or the proper performance of any
of the obligations of the city; and further, 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.
Exercise
general supervision over all public buildings, public parks and all
other public properties which are under the control and jurisdiction
of the city council;
L.
Perform
such other responsibilities and exercise such other powers as may
be delegated to him or her from time to time by ordinance, resolution
or other official action of the city council.
(Ord. 27 § 1, 1984)
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 to any subordinates of the city manager. For purposes
hereof, "inquiry" means any and all communications short of giving
orders, directions or instructions to any member of the administrative
staff. Such members shall give all information reasonably requested
by any councilmember. 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. The city
council shall instruct the city manager in matters of policy. Any
action, determination or omission of the city council shall be subject
to review of the city council. The city council may not overrule,
change or modify any such action, determination or omission except
by the affirmative vote of at least three members of the city council.
(Ord. 27 § 1, 1984)
It shall be the duty of all subordinate officers and the city
attorney and city clerk to assist the city manager in administering
the affairs of the city efficiently, economically and harmoniously.
(Ord. 27 § 1, 1984)
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 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 he or she wishes to address the members
thereof. He or she shall inform such members as to the status of any
matter being considered by the city council, and he or she shall cooperate
to the fullest extent with members of all commissions, boards or committees
appointed by the city council.
(Ord. 27 § 1, 1984)
A.
The
removal of the city manager shall be effected only by a majority vote
of the whole council as then constituted, convened in a regular council
meeting.
B.
For
a city manager already employed prior to January 1, 2016, then upon
termination of employment by reason of involuntary removal from office
other than for willful misconduct, the city manager shall receive
cash severance pay in a lump sum equal to four weeks (two pay periods)
of salary and benefits for each year of service to a maximum of 36
weeks (18 pay periods) of salary and benefits.
C.
For
a city manager first employed on or after January 1, 2016, then upon
termination of employment by reason of involuntary removal from office
other than for willful misconduct, the city manager shall receive
a cash severance as specified in a written employment agreement, provided
the maximum amount of severance specified in that agreement shall
not exceed 52 weeks of salary. In addition, the agreement may provide
for the payment of health benefits consistent with the limitations
of Government Code Sections 53260 and 53261 and the city's medical
insurance provider.
D.
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
municipal election held in the city at which election a member of
the city council is elected. The purpose of this provision is to allow
any newly elected member of the 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.
(Ord. 27 § 1, 1984; Ord. 230 § 2, 1997; Ord. 452 § 2, 2017)
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,
except that a new or revised employment agreement with the city manager
shall not be entered into within 60 days prior to and 60 days after
any regularly scheduled or special election for which a member of
the city council is to be elected, unless that agreement is approved
by no less than four affirmative votes of the city council.
(Ord. 27 § 1, 1984; Ord. 432 § 5, 2014)
A.
The
city manager may execute on behalf of the city any contract which
has received prior approval of the city council.
B.
The
city manager shall be authorized without prior approval to execute
contracts up to a maximum of $50,000 for which a budget appropriation
has already been approved by the city council.
C.
The
city manager's designee shall be authorized without prior approval
to execute contracts up to a maximum of $10,000 for which a budget
appropriation has already been approved by the city council.
(Ord. 139 § 1, 1990; Ord. 198 § 1, 1994; Ord. 301 § 1, 2004)
