Chapter 2.08
CITY MANAGER

Sections:

2.08.010    Office established – Appointment.

2.08.020    Residence in city.

2.08.030    Acting manager.

2.08.040    Compensation.

2.08.050    Powers and duties.

2.08.060    Emergency authority.

2.08.070    Relationship of council, city employees and manager.

2.08.080    Removal.

Prior legislation: Ord. 498.

2.08.010 Office established – Appointment.

A. The office of the city manager is hereby created and established.

B. When a vacancy exists in the position of city manager, the city council shall establish a procedure designed to select a city manager. Appointment shall be made by the city council by a majority vote of the city council, solely on the basis of the candidate’s executive and administrative qualifications and ability, with special reference to actual experience in or knowledge of accepted practices of municipal administration, and the city manager shall hold office at the pleasure of the city council.

C. No person having served as a council member shall be eligible for appointment as city manager until one year has elapsed after such person has ceased to be a member of the city council. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 351 § 1, 1980)

2.08.020 Residence in city.

If not housed in city-owned housing, residence in the city shall not be required as a condition of appointment, but the city manager shall establish residence within ten miles of the city unless the city council establishes a different reasonable and specific distance from the city in a particular employment agreement. Thereafter, the city manager shall maintain a residence within the specified distance. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 351 § 1, 1980)

2.08.030 Acting manager.

In case of extended absence or any disability of the city manager, the city council may designate a duly qualified person to perform the duties of the city manager during the period of absence or disability. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 351 § 1, 1980)

2.08.040 Compensation.

A. The city manager shall receive such compensation, benefits, and allowances as the city council, from time to time, determines and fixes, and the compensation and expense allowance shall be a proper charge against such funds of the city as the city council designates.

B. The city manager shall be reimbursed for all such sums necessarily incurred or paid by the city manager in the performance of his or her duties or incurred when traveling on business pertaining to the city under direction of the city council; reimbursement shall only be made, however, when a verified itemized claim, setting forth the sums expended for which reimbursement is requested, has been presented to the city council and the city council has duly approved and allowed reimbursement. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 351 § 1, 1980)

2.08.050 Powers and duties.

A. 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.

B. 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, the city manager shall have the following powers and duties:

1. 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;

2. 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;

3. To appoint, remove, promote and demote any and all officers and employees of the city except the city attorney;

4. To recommend to the city council such reorganization of offices, positions, departments 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;

5. To attend all meetings of the city council of the city unless excused therefrom by the council;

6. To recommend to the city council for adoption such measures and ordinances as the city manager deems necessary or expedient;

7. To keep the city council at all times fully advised as to the financial conditions and needs of the city;

8. To prepare and submit the proposed annual budget and the proposed annual salary plan to the city council for its approval and to be responsible for efficient administration of both budget and salary plan after their adoption by the city council;

9. To purchase all supplies for all departments or divisions of the city and to submit to the city council only those expenditures reviewed and approved by the city manager;

10. To designate a qualified city administrative officer to exercise the powers and perform the duties of city manager during any temporary absence of the city manager, upon filing a letter with the city clerk designating such person;

11. To make investigations into the affairs of the city and any department or division thereof and any contract thereof, and any contract or the proper performance of any obligations running to the city;

12. 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;

13. To exercise general supervision over all public buildings, public parks and all other public property under the control and jurisdiction of the city council;

14. 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 action of the city council;

15. To devote his or her entire time to the duties of the office in the interests of the city;

16. To make and keep up to date an inventory of all property, real and personal, owned by the city and to recommend to the city council the purchase of new machinery, equipment and supplies whenever in the city manager’s judgment the same can be obtained at the best advantage, taking into consideration trade-in value of machinery, equipment, etc., in use;

17. To receive and open all mail addressed to the city council as a body and give immediate attention thereto to the end that all administrative business referred to in such communications and not necessarily requiring councilmanic action may be disposed of between council meetings; provided, that all actions taken pursuant to such communications shall be reported to the city council at its next regular meeting thereafter;

18. Whenever, in the ordinances of this city, it is provided that anything shall be done or may be done by an officer therein designated by a title which no longer exists, as used therein, the duty or authority to do such thing shall rest upon the city manager, or, as to departments under the city manager’s control, by his or her order, upon such department or the person therein designated by the city manager as the successor of such duty or authority of the officer originally referred to. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 351 § 1, 1980)

2.08.060 Emergency authority.

A. In the event of a locally declared emergency, as defined in PVEMC 2.28.020, the city manager may repair, prevent further damage to, or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes without compliance with any bidding procedure otherwise required by law; provided, that the total expenditures for such actions do not exceed one hundred thousand dollars for any one declared disaster or emergency. In addition, the city manager may authorize such an expenditure in excess of one hundred thousand dollars, but less than five hundred thousand dollars, if the city manager has first consulted with and received the concurrence of a member of the city council, in the following order of priority: the mayor, mayor pro tem, or one of the other city council members.

B. Prior to taking any action pursuant to subsection A of this section, the city manager shall determine, based on substantial evidence, that the emergency will not permit a delay resulting from a competitive solicitation for bids and that such action is necessary to respond to the emergency, and shall consult with one of the city council members, if any one of them is available, in the following order of priority: the mayor, mayor pro tem, or one of the other city council members.

C. The city manager shall report any action taken pursuant to subsection A of this section to the city council at a meeting of the city council to be called within seven days after such action is taken, or at the next regularly scheduled meeting of the city council after such action is taken if such meeting is held not later than fourteen days after such action is taken. The report shall contain the reasons justifying why the emergency did not permit solicitation for bids and why the action taken was necessary to respond to the emergency. If such action has not been completed or terminated by the time of such meeting, the city council shall review the action and may continue it only if the city council determines by a four-fifths vote that there is a need to continue such action. Such review shall thereafter occur at each succeeding regularly scheduled meeting of the city council until the action is terminated.

D. The city manager and city council shall terminate any action taken without bid pursuant to this section at the earliest possible date that conditions warrant so that the remainder of any emergency action needed may be completed by giving notice for bids to let contracts.

E. For purposes of this section only, “emergency” shall mean a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property or essential public services.

F. This section shall be deemed a delegation of the city council’s authority to take action pursuant to Cal. Pub. Cont. Code § 22050 if the city manager determines such action must be taken prior to the time a meeting of the city council may be convened. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 674 § 1, 2006; Ord. 589 § 1, 1995)

2.08.070 Relationship of council, city employees and manager.

Neither the city council nor any council members shall give orders to any subordinates of the city manager. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 351 § 1, 1980)

2.08.080 Removal.

A. The city manager shall not be removed from office during or within a period of ninety days following any general municipal election at which a member of the city council is elected. The purpose of this provision is to allow any newly elected 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 office.

B. Except as provided in subsection A of this section, the city manager may be removed by a majority vote of the city council, subject to any applicable provisions contained in the city manager’s employment agreement. The decision of the city council shall be final. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 351 § 1, 1980)