[1961 Code, § 2.9; Ord. 182]
Residence in the city at the time of appointment shall not be required as a condition of employment.
[1961 Code, § 2.10; Ord. 182]
No person elected to membership on the City Council shall, subsequent to election, be eligible for appointment as City Manager until one year has elapsed after he or she has ceased to be a member of the City Council.
[1961 Code, § 2.11; Ord. 182]
The City Manager shall furnish a corporate bond to be approved by the City Council in the sum that may be determined by the Council and shall be conditioned on the faithful performance of the duties imposed on the City Manager as prescribed in this subchapter.
[1961 Code, § 2.12; Ord. 182]
The City Manager shall appoint, subject to the approval of the City Council, one of the other officers or department heads of the city to serve as Acting Manager during any temporary absence or disability of the City Manager, and failure to so appoint a Acting City Manager, the Council may designate some duly qualified person to perform the duties of the City Manager during the period of absence or disability of the City Manager, subject to that person furnishing a corporate surety bond conditioned on faithful performance of the duties required to be performed, as set forth in § 31.48.
[1961 Code, § 2.13;; Ord. 182; Ord. 397]
(A) 
The City Manager shall receive compensation as the City Council shall, from time to time, determine and fix by resolution and that compensation shall be a proper charge against the funds of the city as the City Council shall designate.
(B) 
The City Manager shall be reimbursed for all sums necessarily incurred or paid by him or her in the performance of his or her duties or incurred when traveling on business pertaining to the city under the direction of the City Council. Reimbursement shall be made only when a verified itemized claim, setting forth the sums expended for the reimbursement is requested, has been presented to the City Council and duly approved and allowed by the Council.
[1961 Code, § 2.14; Ord. 182; Ord. 630; Ord. 982; Ord. 1009; Ord. 1553, 3-18-2009]
The City Manager shall be the administrative head of the city government under the direction and control of the City Council, except as otherwise provided in this chapter. He or she shall be responsible for the efficient administration of all the 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, it shall be his or her duty and he or she shall have the power:
(A) 
To see that all laws and ordinances of the city are duly enforced and that all franchises, permits and privileges granted by the city are faithfully observed.
(B) 
To control, order and give directions to all heads of departments including, but not limited to, police, fire, public works and finance, and subordinate officers and employees of the city except the City Clerk, City Treasurer and City Attorney; and to transfer employees from one department to another; and to consolidate or combine offices, positions, departments or units under his or her directions; provided, nothing contained herein shall be construed to supersede the authority of the civil service board in the manner of classification of city officers or employees.
(C) 
To appoint, promote, demote and remove any officers and employees of the city, except the City Clerk, City Treasurer and City Attorney, subject to the civil service system.
(D) 
To exercise control over all departments of the city government including, but not limited to, police, fire, public works and finance and all appointive officers and employees thereof, except the City Attorney.
(E) 
To attend all meetings of the City Council unless excused therefrom by the Council, except when his or her removal is under consideration by the Council.
(F) 
To recommend to the City Council for adoption the measures and ordinances as he or she deems necessary or expedient.
(G) 
To keep the City Council at all times fully advised as to the financial conditions and needs of the city.
(H) 
To prepare and submit to the City Council the annual budget.
(I) 
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 running to the city.
(J) 
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 and to see that all franchises, permits and privileges granted by the city are faithfully performed and observed.
(K) 
To exercise general supervision over all public buildings, public parks and other public property which are under the control and jurisdiction of the City Council and not specifically delegated to a particular board or officer.
(L) 
To devote his or her time to the duties of the office and the interest of the city.
(M) 
To provide leadership for city-related programs designed to benefit the residents of the city when so authorized by the City Council.
(N) 
To perform other duties and exercise other powers as may be delegated by him or her from time to time by ordinance or resolution of the City Council.
(O) 
To designate certain classifications of city officers and employees as authorized to issue notice to appear citations for certain violations of law.
(P) 
To execute such instruments whether requiring the city seal or not, and such contracts and conveyances, including but not limited to real estate instruments, legal settlement agreements and indemnifications, as may prove necessary in order to effectuate any prior approval by vote of the City Council, with the full authority to bind the city per Cal. Gov’t Code § 40602.
[1961 Code, § 2.15; Ord. 182]
The exercise of the powers and duties of the City Manager set out in § 31.51 and the provisions of this chapter shall be subject to §§ 31.70 through 31.79, relating to the civil service system, and to any rules and regulations adopted pursuant to those sections as to classification of employees, the appointment, transfer, promotion, demotion, removal, suspension, dismissal and reinstatement of the employees and the procedures outlined therein governing the same.
[1961 Code, §§ 2.17, 2.18, 2.19 and 2.20; Ord. 182; Ord. 1172, 2-15-1995]
(A) 
The removal of the City Manager shall be only on a 3/5 majority vote of the whole City Council, subject to the provisions of § 31.54. In case of his or her intended removal by the Council, the City Manager shall be furnished with a written notice stating the Council's intention to remove him or her and the reasons therefor at least 30 days before the effective date of the removal.
(B) 
Within seven days after delivery to the City Manager of the notice required by division (A) above, he or she may, by written notification to the City Clerk, request a public hearing before the Council. Thereafter, the Council shall fix a time for the public hearing, which shall be held at its usual meeting place but before the expiration of the 30-day period and at which the City Manager shall appear and be heard.
(C) 
After furnishing the City Manager with a written notice of intended removal in accordance with this section the City Council may suspend the Manager from duty but his or her compensation shall continue until his or her removal by resolution of the Council, passed subsequent to the public hearing requested by the City Manager in accordance with division (B) above.
(D) 
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 public hearing requested by the City Manager in accordance with division (B) above, the purpose of which is to allow the City Manager to publicly present to the City Council his or her grounds of opposition to removal prior to its action.
[1961 Code, § 2.21; Ord. 182]
Notwithstanding the provisions of this subchapter, the City Manager shall not be removed from 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. The purpose of this provision is to allow any newly elected member to 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 his or her office. After the expiration of the 90-day period, the provisions of § 31.53 as to the removal of the City Manager shall apply and be effective.
[1961 Code, § 2.22; Ord. 182]
The office of City Manager is hereby specifically excluded from the civil service or personnel system of the city and the City Manager shall not be entitled to the benefits, advantages or protection of the civil service or personnel system, nor shall he or she be subject to the procedures outlined or prevailing in that system.