San Joaquin Municipal Code Ch. 30 City Government

Section

General Provisions

• City Council

• City Officers Generally

• City Administrator

GENERAL PROVISIONS

(A) General election; date. The 1984 general municipal election and each election thereafter shall be held on the same day as the statewide general election day, currently set for the second Tuesday in November of even-numbered years or as changed.

(1994 Code, § 2.16.010)

(B) Elections Code. The provisions contained in Cal. Elections Code part 2.5 (commencing with §§ 10400 and 10401) of Division 14, except § 10403 shall govern the consolidation and, if the County Clerk is requested to conduct the municipal election, Cal. Elections Code § 10002 shall be applicable to the election.

(1994 Code, § 2.16.020)

(C) Expiration of term for city officers. Those city officers whose term of office would have, prior to the adoption of the ordinance codified in this subchapter, expired on the Tuesday succeeding the second Tuesday in April of an even-numbered year, shall instead continue in their offices until no later than the fourth Tuesday after the day of the general municipal election and until their successors are elected and qualified.

(1994 Code, § 2.16.030) (Ord. 83-112, passed - -1983)

CITY COUNCIL

(A) The City Council shall meet regularly on the first Tuesday of each month. Regular meetings of the City Council shall begin at 6:00 p.m. In the event the regular meeting date shall fall on a legal holiday or in the event the regular meeting date falls on a week where the Monday of that week is a holiday or in the event it is determined a quorum will not be possible for a particular regular meeting date, the regular meeting may be held on a date pursuant to Council determination at the prior Council meeting.

(B) Special meetings of the City Council may be held at any time upon the call of the Mayor or in his or her absence or unwillingness to call such a meeting, upon the call of a majority of the members of City Council. Notice of any such meeting shall be given in accordance with the Ralph M. Brown Act, Cal. Gov’t Code §§ 54950 et seq., as amended.

(1994 Code, § 2.04.010) (Ord. 03-100, passed 4-9-2003; Ord. 10-102, passed 9-8-2010; Ord. 11-104, passed 8-23-2011; Ord. 13-104, passed 10-8-2013; Ord. 2016-103, passed 8-9-2016)

At the first meeting of the City Council in December, the City Council shall choose one of its number as Mayor and one of its number as Mayor pro tempore.

(1994 Code, § 2.04.020) (Ord. 87-100, passed - -1987)

(A) Salary. Commencing with and effective upon the commencement of the new Council term following the election to be held in November 5, 2024, each Council Member shall receive a salary of $300 per month for City Council service.

(B) Reimbursement for actual and necessary expenses. Council Members may be reimbursed for actual and necessary expenses pursuant to a reimbursement policy adopted as required by Cal. Gov’t Code §§ 53232.2 and 53232.3.

(1994 Code, § 2.04.030) (Ord. 00-105, passed 10-30-2000; Ord. 08-102, passed 6-11-2008; Ord. 2017-100, passed 8-1-2017; Ord. 2024-03, passed 11-5-2024)

CITY OFFICERS GENERALLY

The City Council, by ordinance, does determine the sum of $1,000 to be the penal sum of the bond required by law to be executed to this by the Clerk, conditioned for the faithful performance of his or her duties as City Clerk.

(1994 Code, § 2.08.020) (Ord. 6, passed - -1940; Ord. 75-107, passed - -1975; Ord. 2021-02, passed 6-1-2021)

The City Council, by ordinance, does determine the sum of $1,000 to be the penal sum of the bond required by law to be executed to the city by the Treasurer, conditioned for the faithful performance of his or her duties as City Treasurer.

(1994 Code, § 2.08.030) (Ord. 5, passed - -1940)

The City Council, by ordinance, does determine the sum of $1,000 to be the penal sum of the bond required bylaw to be executed to the city by the Chief of Police, conditioned for the faithful performance of his or her duties as Chief of Police of the city.

(1994 Code, § 2.08.040) (Ord. 7, passed - -1940)

CITY ADMINISTRATOR

The proper administration of the city requires the creation of the Office of the City Manager in order that the public business may be carried out in the most efficient, best coordinated, well planned and properly programmed manner with reference to both work performed and the expenses incurred, by reason thereof, the position of the City Manager is created.

(1994 Code, § 2.12.010) (Ord. 88-104, passed - -1988; Ord. 93-107, passed - -1993; Ord. 95-101, passed 3-28-1995)

To act as the Chief Appointive Administrative Officer of the city under the direction and control of the City Council charged with those administrative functions enumerated in this section and otherwise lawfully delegated to him or her by the City Council; and, in so acting, to supervise and coordinate the actions and efforts of all departments of the city.

(1994 Code, § 2.12.020) (Ord. 88-104, passed - -1988; Ord. 93-107, passed - -1993; Ord. 95-101, passed 3-28-1995)

(A) Among the administrative duties and powers of the City Manager as the Chief Appointive Administrative Officer of the city shall be the following:

(1) To see that the law and policies of the city are properly executed and carried out;

(2) To attend all meetings of the City Council and Planning Commission unless otherwise directed and excused by the City Council;

(3) To exercise supervision and control overall departments and divisions of the city government, save for the City Attorney, who is excused by law from the control, and to coordinate the efforts and activities of the same;

(4) To keep the City Council advised of all matters respecting the conduct of the public business and to make recommendations with reference thereto but the officer shall have no authority to make policy, only to execute the same after adoption by the City Council;

(5) Prepare and recommend to the City Council personnel rules and revisions and amendments to the rules. The rules will be reviewed by the City Council and when voted upon and passed by resolution, will constitute personnel rules for the city;

(6) To provide the City Council with prior advice, where possible, on all matters respecting personnel, specifically concerning the hiring, disciplining and/or discharging of city employees which powers are now vested in the position of City Manager. The power may be delegated by the City Manager to any other officer or employee of the city. The City Manager may also recommend to the City Council that the powers and duties be performed under a technical services contract which may be entered into upon a vote by the City Council. The power delegated to the City Manager regarding the hiring, disciplining and/or discharging of city employees shall not apply to the following positions which shall remain under the control and supervision of the City Council:

(a) Any elective officer;

(b) The City Attorney and any assistants or Deputy City Attorneys;

(c) Members of appointive boards, commissions and committees;

(d) City Engineer;

(e) Persons engaged under contract with the city to supply expert, professional, technical or any other services; and

(f) Emergency employees who are hired to meet the immediate requirements of an emergency condition such as extraordinary fire, flood or earthquake which threatens life or property.

(7) To investigate all complaints received by the city relating to the operation of the various city departments and services, and to remedy the same in appropriate cases or otherwise report to the City Council with reference thereto;

(8) To generally supervise the care and use of the real and personal property owned or operated by the city;

(9) To have charge of the administration of the financial affairs of the city under the direction of the City Council. The City Manager shall collect all receipts for the city generally and for the various departments of the city, and shall supervise and be responsible for the disbursement of all expenditures by the city generally and the various departments of the city. The City Manager shall keep accurate records and accounts of all the receipts and disbursements;

(10) The City Manager shall maintain and keep for the city generally and for the various departments of the city, an accounting system; and

(11) To prepare an annual budget, submit the same to the City Council for its review, revision and final approval, and thereafter administer the operation of the budget.

(B) The City Manager shall prepare and submit to the City Council regular reports which accurately portray the financial condition of the city, and at the end of each fiscal year cause an audit of the financial affairs of the city for the year and of all records and accounts, and in regard thereto, submit to the City Council a complete financial statement and report of the year's activities.

(C) The City Manager shall perform all of the fiscal and accounting duties heretofore imposed upon the City Clerk, and the City Clerk shall be, and hereby is, relieved of all the duties, including all the duties imposed upon the City Clerk by Chapter 4, Part 2, Division 3, Title 4, and by Cal. Gov't Code §§ 40802 through 40805 inclusive.

(D) The City Manager shall perform the other duties and functions as the City Council may from time to time specify by appropriate action, it being contemplated by this subchapter that the financial affairs of the city generally and of all departments of the city shall be handled by the officer and department established herein.

(1994 Code, § 2.12.030) (Ord. 88-104, passed - -1988; Ord. 93-107, passed - -1993; Ord. 95-101, passed 3-28-1995; Ord. 2021-02, passed 6-1-2021)

The City Manager shall devote his or her entire employable time to his or her duties and the interests of the city.

(1994 Code, § 2.12.040) (Ord. 88-104, passed - -1988; Ord. 93-107, passed - -1993; Ord. 95-101, passed 3-28-1995)

(A) Except for matters of inquiry, the City Council shall deal with the administrative services and personnel of the city through the City Manager.

(B) This system effectively allows the City Council to voice its policies and instructions through this officer.

(1994 Code, § 2.12.050) (Ord. 88-104, passed - -1988; Ord. 93-107, passed - -1993; Ord. 95-101, passed 3-28-1995)

It shall be lawful for the same person to concurrently hold the offices of City Clerk and City Manager.

(1994 Code, § 2.12.060) (Ord. 88-104, passed - -1988; Ord. 93-107, passed - -1993; Ord. 95-101, passed 3-28-1995) Penalty, see § 10.99

Any section in the subchapter of the city, speaking of, directing to, requesting of or requiring of the former offices of Director of Operations, City Finance Director or City Administrator shall hereinafter be referred to as the newly created office and officer of City Manager.

(1994 Code, § 2.12.070) (Ord. 88-104, passed - -1988; Ord. 93-107, passed - -1993; Ord. 95-101, passed 3-28-1995)

The salary of the City Manager shall be fixed by contract, approved by the City Council. Any changes in the salary may be made by resolution and passed by the City Council.

(1994 Code,§ 2.12.080) (Ord. 88-104, passed - -1988; Ord. 93-107, passed - -1993; Ord. 95-101, passed 3-28-1995)

The provision of employment of the City Manager shall be set forth in a written agreement. The City Manager shall serve a period of employment at the will of the City Council.

(1994 Code, § 2.12.090) (Ord. 88-104, passed - -1988; Ord. 93-107, passed - -1993; Ord. 95-101, passed 3-28-1995)

(A) In the Mayor's absence, the City Manager shall be authorized to execute contracts that have been approved by the City Council. Except for contracts requiring competitive bidding, the City Manager shall be authorized to enter and to execute contracts not to exceed $5,000 where time is of the essence and waiting for the next regular City Council meeting would be detrimental to the best interests of the city.

(B) The City Manager shall provide a brief, written report to the City Council with a copy of any contract at the next regularly scheduled meeting of the City Council on the agenda's consent calendar.

(Ord. 08-100, passed 3-12-2008)

As authorized by Cal. Gov't Code § 40602, the City Council may by resolution designate the City Manager, City Clerk, Finance Director, and/or Treasurer to sign warrants, all written contracts and conveyances made or entered into by the city, and any instruments requiring the city seal. All warrants must bear at least two signatures.

(Ord. 13-107, passed 12-10-2013)