To:
FROM:
DATE:
SUBJECT:
CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
Honorable Mayor and Council Members
Stacey Chavez, Deputy City Clerk
Marissa J. Asistin, City Clerk
Justin J. Martin, Assistant City Manager
January 20, 2026
Recodification of the Laguna Niguel Municipal Code - Titles 1, 2 and 3 Updates
RECOMMENDATION
Staff recommends that the City Council review and provide direction regarding the recodification of the Laguna Niguel Municipal Code - Titles 1, 2, and 3.
BACKGROUND
The Laguna Niguel Municipal Code ("Code") was originally adopted in 1989, coinciding with the City of Laguna Niguel's ("City") incorporation . Since that time, individual ordinances have been adopted and amended; however, a comprehensive recodification of the entire Code has not been completed in 35 years. As a result, portions of the Code have become outdated and inconsistent with current state law, City practices, and modern formatting standards.
Following a Request for Proposal, the City entered into an agreement with American Legal Publishing in late 2023 to update and recodify the Laguna Niguel Municipal Code.
American Legal Publishing's legal department performed a comprehensive technical, legal, and editorial analysis of the existing Laguna Niguel Municipal Code. The analysis included a statutory and case law comparison to identify conflicts, inconsistencies, preemptions, and other potential problems, as well as a review for internal discrepancies such as duplications, ambiguities, and obsolete terminology. Staff also worked with the City Attorney's Office to identify additional revisions, refine proposed language, and ensure that all updates accurately reflect current City practices, organizational structure, and applicable state law.
The recodification of the Laguna Niguel Municipal Code fulfills Goal 5 Strategy 8:
Comprehensive Municipal Code Update, of the City's adopted Strategic Plan.
ANALYSIS
The Laguna Niguel Municipal Code has undergone a comprehensive review by all City departments , the City Attorney 's Office and American Legal Publishing, resulting in the restructuring and revision of various provisions throughout the Code's titles.
While subject specific changes have been made in each Code title, non-substantive changes have been made throughout the entire Code.
Non-Substantive changes made throughout the entire Code include:
1. City Official Titles - Updated to reflect current titles and assignments .
2. Grammatical Corrections - Capitalizations, commas, etc.
3. Organization and Numbering - The organization and numbering of the prior Code has been retained for consistency and continuity. Headings have been updated from "title, division, article, section, and subsection headings" to "title, chapter, subchapter, article, section, and subsection" to match the overall structure of the Code.
4. Gender-Neutral Language - Updated to reflect gender-neutral terms.
5. Cross-References and Editor's Notes - Standardized formatting for cross references and editor's notes to ensure consistency and clarity across all titles.
6. Legislative History Notes - Added to each section to provide ordinance history, including enactment and amendment references where available.
Updates to individual Code Titles (1 , 2, 3) were also made as follows:
TITLE 1: GENERAL PROVISIONS
Revised Sections Language in Section 1-1-19(a) and (b) has been updated to ensure accuracy and alignment with the
City's current practices.
Comprehensive Revisions Sections 1-3-11 through 1-3-18 and 1-3-20 through 1-3-25 have been updated to ensure consistency,
clarity and enforceability , supporting Title 5
(Business and Special Licensing) and the City's
current practices .
Added Phrase The phrase " ... the following shall apply" has been added to Section 1-3-16 to complete the sentence
and improve clarity.
Amended Language Section 1-3-17(d) has been updated for consistency with Section 1-3-18(A)(1) regarding the timing of
administrative citation payments.
Removed Section 1-3-19 Removed in its entirety because its requirements are duplicative of Section 1-3-14, and any disputes
should be handled through the existing appeals
process. Keeping it in place may invite unnecessary
due process challenges by suggesting an additional
right to appeal.
New Sections Added Sections 1-3-26 and 1-3-27 have been added to incorporate new provisions .
TITLE 2: ADMINISTRATION AND PERSONNEL
Revised Sections Language in Sections 2-2-3, 2-2-11, 2-3-55, 2-4-6, 2- 4-7, and 2-8-19 has been updated for accuracy and
alignment with the City's current practices.
Revised Citations Four citations have been updated to reflect the correct California Government Code references.
{Sections 2-3-48 , 2-5-3, and 2-6-3}
Added Complete Citations Complete citations have been added to reference the California Political Reform Act for clarity and
accuracy. {Sections 2-5-3, 2-8-20, and 2-8-35}
TITLE 3: REVENUE AND FINANCE
Replaced References All references to "State Board of Equalization" have been replaced with "California Department of Tax
and Fee Administration" throughout Chapter 3.
Added Complete Citation A complete citation has been added to reference the California Clean Air Act for clarity and accuracy.
{Section 3-1 -2}
Revised Section 3-3-7 Updated to read:" .. . the place or places at which the retail sales are consummated shall be .. . "
Revised Section 3-3-12(a) Updated in its entirety to clarify and align the City's transactions and use tax provisions with current state
law and standard uniform ordinance language, to
read:
"There shall be excluded from the measure of the
transactions tax and the use tax the amount of any
sales tax or use tax imposed by the State of
California or by any city, city and county, or county
pursuant to the Bradley-Burns Uniform Local Sales
and Use Tax Law or the amount of any state-
administered transactions or use tax."
Removed Section 3-3-12(b) Removed due to the broader language now incorporated in Section 3-3-12(a).
Revised Citations One citation has been updated to reflect the correct reference to the Bankruptcy Code. {Section 3-4-6}
Removed Section 3-4-7 Removed in its entirety because the referenced provisions of the Internal Revenue Code and the
Public Utility Holding Company Act of 1935 are no
longer in effect, and the exemption is already codified under state law (RTC § 11924). As a result, retaining
this section merely duplicates existing state law
without providing any additional leqal effect.
Added Phrase The phrase " ... and as outlines in §6-3-708" has been added to Section 3-6-2 to comply with the
environmental procurement requirements
established by SB 1383.
Revised Section 3-6-3(a) Removed language" ... for each fiscal year" to ensure alignment with the City's current practices.
Revised Sections Language has been added and or updated to reference and be in compliance with the City's
Purchasing Policy (adopted in June 2025) and to
ensure accuracy and alignment with the City's
current practices. {Sections 3-6-4, 3-6-5, 3-6-6, 3-6-
7, 3-6-8, 3-6-9, 3-6-10, 3-7-2, 3-7-3, and 3-7-6}
New Sections Added Sections 3-6-12, 3-6-13, and 3-6-14 have been added to reference and be in compliance with the
City's Purchasing Policy (adopted in June 2025).
Updates to Titles 1, 2, and 3 of the Laguna Niguel Municipal Code (Attachments A, B, and C) are intended to maintain clarity, consistency, and alignment with current law and City practices. These updates demonstrate the City's ongoing commitment to maintaining an efficient, transparent, and accessible municipal code.
FISCAL REVIEW
There is no fiscal impact as a result of this report.
LEGAL REVIEW
No legal review is required for this report. Staff has worked closely with the City Attorney's Office on the Municipal Code update and recodification project.
CONCLUSION
Staff recommends that the City Council review and provide direction regarding the recodification of the Laguna Niguel Municipal Code - Titles 1, 2, and 3. ~I~~
City Manager
Scott C. Smith
City Attorney
Attachments:
A. Title 1 Updates: General Provisions
Stacey h vez
DepufyrtyC lerk
B. Title 2 Updates: Administration and Personnel
C. Title 3 Updates: Revenue and Finance
ATTACHMENT A
Title 1 Updates: General Provisions
Laguna Niguel, California, Code of Ordinances
TITLE 1 GENERAL PROVISIONS
TITLE 1
GENERAL PROVISIONS
9i•Ji5ieRChaQter 1. Code Adopted
~ ChaQter 2. City Seal
9i•,•isieRChapter 3. Citations in Lieu of Immediate Arraignment Dit.•isioRChap_ter 1 CODE ADOPTED
Sec. 1-1-1. Declaration of purpose.
The city council finds that the establishment of a Municipal Code is desirable to provide a scheme for the classification and grouping of its ordinances.
(Ord. -N&.- 89-4, § 1(1.01.001), passed 12-1-1989)
Sec. 1-1-2. Establishment of Municipal Code.
This Code shall be known as the ~Laguna Niguel Municipal Code'.'.., and any ordinance adding to, amending or repealing provisions of this Code shall be known as an addition or amendment to or a repeal of the Laguna Niguel Municipal Code, or any portion thereof.
(Ord. ~ 89-4, § 1(1.01.002), passed 12-1-1989)
Sec. 1-1-3. Contents of Code .
.I.Af.The Laguna Niguel Municipal Code shall consist of all ordinances adopted by the city council which are of a general and permanent nature .
.lfil_ The following ordinances which are not considered to be of a general and permanent nature need not be included within the Municipal Code:
(1) The naming of streets or roads,;,
(2) Ordinances granting, altering or withdrawing franchises,;, (3) Ordinances levying real property taxes,;,
(4) Ordinances calling an election ,;,
(5) Annexation proceedings,;,
(6) Interim zoning measures,;,
(7) Ordinances zoning or rezoning a particular parcel of property ,; and (8) Such other ordinances of a special or particular subject matter which the council considers inappropriate to a compilation of laws of a general and permanent nature.
(Ord. ~ 89-4, § 1(1.01.003), passed 12-1-1989)
Sec. 1-1-4. Outline of Code.
(a8) Ordinances to be included in the Municipal Code shall be organized and grouped according to subject matter .
(a~) Ordinances which are adopted from time to time shall be classified and organized under the following titles :
(1) General provisions,"
(2) Administration and personnel,"
(3) Revenue and finance,"
(4) Reserved,"
(5) Business and special licenses; business regulations," (6) Health and sanitation ,"
(7) Highways, rights-of-way and vehicles,"
(8) Building regulations,L
(9) Planning and zoning,L
(10) Animals,L
(11) Public morals, safety and welfare,L
(12) Reserved,; and
(13) Parks and recreational facilities.
(Ord. ~ 89-4, § 1(1.01.004). passed 12-1-1989)
Sec. 1-1-5. Maintenance of Code.
(a8) Copies. At least three copies of this Code, duly certified by the city clerk, shall be maintained on file in the office of the city clerk as official copies of th is Code. Additional copies shall be distributed to the departments of the city as prescribed by the city manager.
(a~) Filing of changes. Duly certified copies of each ordinance making a change in this Code shall be filed in the office of the city clerk in books for such purpose, duly indexed for ready reference. (€~) Updating. At least semiannually, the city clerk shall cause changes in this Code to be shown by reproducing the affected pages with the ordinance number and the date on which such change was adopted. Such reprinted pages shall be distributed in order that this Code may be brought up to date. (Ord. ~ 89-4, § 1(1.01.005), passed 12-1-1989)
Sec. 1-1-6. Interpretation of Code and other ordinances.
All provisions of this Code and all other city ordinances shall be construed to carry out the stated legislative purpose and intent.
(Ord. -Ne. 89-4, § 1(1.01.010), passed 12-1-2989)
Sec. 1-1-7. Effect of Code on past actions and obligations. _(Af_Neither the adoption of this Code or any part thereof nor the repeal by this Code of any ordinance previously in effect within the territorial boundaries of the city shall, in any manner:
(1) Affect the enforcement of any ordinance for a violation occurring prior to the effective date of this Code;
(2) Be construed as a waiver of any license fee or penalty due and unpaid under such ordinance; (3) Be construed as affecting provisions of such ordinances relating to the collection of license fees, or civil or criminal penalties imposable thereunder; _2nd
(4) Affect the validity of any bond or cash deposit required to be posted, filed or deposited pursuant to any such ordinances.
ifil_AII vested rights and obligations arising from such ordinances shall, moreover, continue in full force and effect.
(Ord. ~ 89-4, § 1(1.01.020), passed 12-1-1989)
Sec. 1-1-8. Partial invalidity of provisions.
If any chapter, section, sentence, clause or portion of this Code is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Code. (Ord. :we,. 89-4, § 1(1.01.030), passed 12-1-1989)
Sec. 1-1-9. Territorial limitation.
This Code shall refer only to the omission or commission of acts within the territorial limits of the city and that territory outside of the city over which the city has jurisdiction or control by virtue of the state constitution or any other law, or by reason of ownership or control of property. (Ord. ~ 89-4, § 1(1.01.040), passed 12-1-1989)
Sec. 1-1-10. Local signification.
All references in this Code to places, acts, persons or things and all else in relation to this Code shall be construed to mean that the references are applicable to this city, whether the city is mentioned in each particular section or not.
(Ord. ~ 89-4, § 1(1.01.050), passed 12-1-1989)
Sec. 1-1-11. Rules of construction.
Unless the provisions of this Code otherwise specifically provide, or the context of this Code indicates to the contrary, the general provisions, rules of construction and definitions set forth in this division shall govern the construction of this Code.
(Ord. ~ 89-4, § 1(1.01.100), passed 12-1-1989)
Sec. 1-1-12. Effect of headings.
The title, di•,isieA, artiele aAa section chapter . subchapter, article and section headings contained in this Code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, eli'>1isioA, artiele er seetion chapter. subchaoter . article or section of this Code. (Ord. N&.-89-4, § 1(1.01.110), passed 12-1-1989)
Sec. 1-1-13. Meanings of section and swbseGtieRdivision.
As used in this Code, the term "section" 5£CT/ON shall mean a section of this Code, unless some other source is specifically set forth. The term
11 51:JBsectieA"D/V/5/ON shall mean a sweseetioAdivision of the section in which the term occurs, unless some other section is expressly set forth. (Ord. N&.- 89-4, § 1(1.01.120), passed 12-1-1989)
Sec. 1-1-14. Acts by deputies.
Whenever a power is granted to or a duty is imposed upon a public officer or employee, the power may be exercised or the duty may be performed by a deputy of such officer or employee or by a person otherwise duly authorized pursuant to law or ordinance, unless this Code expressly provides otherwise. (Ord. N&.-89-4, § 1(1.01.130), passed 12-1-1989)
Sec. 1-1-15. Writing defined.
As used in this Code, the term ''writing " WR/T/NG includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this Code, such notice, report, statement or record shall be made in writing in the English language, unless this Code expressly provides otherwise.
(Ord. N&.- 89-4, § 1(1.01.140), passed 12-1-1989)
Sec. 1-1-16. References to ordinances or parts of Code.
Whenever any reference is made in this Code to an ordinance, the reference shall apply to such ordinance of the city, unless this Code expressly provides otherwise. Whenever any reference is made to any portion of this Code or to any ordinance of the city, the reference shall apply to all amendments and additions to this Code. (Ord. N&.- 89-4, § 1(1.01.150), passed 12-1-1989)
Sec. 1-1-17. Statute of limitations.
When a limitation or period of time prescribed in any existing ordinance or statute for acquiring a right or barring a remedy, or for any other purpose, has begun to run before this Code goes into effect, the time which has already run shall be deemed a part of the time prescribed as such limitation. (Ord. N&.- 89-4, § 1(1.01.160). passed 12-1-1989)
Sec. 1-1-18. Definitions.
(a6) As used in this Code, unless a different meaning is apparent from the context or is specified elsewhere in the Code, the following words, terms and phrases shall have the meanings designated in this section+0 CALENDAR YEAR. The teFFR "ealendaF year" FReans ff rom January 1 through December 31, of any given year.
CITY. Ti:le teFFA "eit·t" means t! he City of Laguna Niguel.
CITY MANAGER. The teFFR "eity manager" means ti he appointed official of the city who occupies the position of chief admin istrative officer of the city.
year.
COUNCIL. The term "eeuneil" FReaRsti he city council of the City of Laguna Niguel.
COUNCILMEMBER. Tt:ie terFA "eeuneilrneFRber" means a [!_person duly elected to the council.
COUNTY. The term "eeunty" meaF1s t! he County of Orange.
FISCAL YEAR. The term "f:iseal year" means ff rom July 1 of any given year through June 30 of the follow ing GENDER. The masculine gender includes the feminine and neuter genders.
GOODS. Tl:ie teri'fl "geeds
11 mMeans and includes wares and merchandise.
MAY. The term ~ is permissive.
MONTH. The term "mentl:i" meaAs a ealenelar/\ calendar month, unless otherwise specifically expressed.
NUMBER. The singular number includes the plural, and the plural number includes the singular.
OATH. The term "eath" i!ncludes affirmation.
OFFICIAL TIME STANDARD. Wherever certain hours are named, they shall mean standard time or daylight saving time as may be in current use in the city.
OPERATE. Ti:le tem:i "ef)erate" meaAs ans inel1:1Eies c~arrying on, keeping, conducting or maintaining .
OWNER. The term "ewner," a,8.pplied to a building or land, includes any part owner, joint owner, tenant , tenant in common or joint tenant, of the whole or a part of such building or land.
PERSON. The terFR "J;lersen" i!ncludes any person, firm, company, corporation, partnership , association, publ ic corporation or city (except the City of Laguna Niguel), the County of Orange, any district in the County of Orange, the State of California, or the United States of America, or any department, agency or political subdivision of such entities, unless this Code expressly provides otherw ise.
PERSONAL PROPERTY. Tl:ie terl'l'l "pe rsenal flFOflere;" i!ncludes money, goods, chattels, things in action and evidences of debts.
POLICE. The term "flollee" R'leans ti he agency which performs the appropriate law enforcement funct ion for the city . The term ''flol ice cl'lief''POL/CE CHIEF or "c!'lief of flOlice''CH/ff OF POLICE means the head of the agency or division which at the time involved has responsibility for performing the police function for or within the city.
PROPERTY. The terFA
11 flropert>,1" ilncludes real and personal property .
QUARTERLY. Ti'le term "quarterly," wWhere used to designate a period of time, means the first three calendar months of any given year or succeeding period of three calendar months.
REAL PROPERTY. Tl:ie term "real propertv" i!ncludes lands, tenements and hereditaments .
SALE. Tl=ie term "sale" i!ncludes any sale, exchange, barter or offer for sale.
SHALL. The term ~ is mandatory.
STA TE. The terrn "state" rneaRs the State of California.
STREET. The terrn "street" ilncludes all streets, highways, avenues, boulevards, alleys, courts, places, squares or other public ways in the city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of the state .
TENANT AND OCCUPANT. The terrns "teRaRt" aREl "0ec1:1paRt," a~ pplied to a building or land, includes any person who occupies the whole or a part of such building or land, whether alone or with others .
TENSE. The present tense includes the past and future tense, and the future tense includes the present tense.
(b~) Words and phrases not defined in this Code shall be construed according to the approved usage of the language, or, when appropriate, by reference to definitions contained in state or federal law. (Ord. ~ 89-4, § 1(1.01.170), passed 12-1-1989)
Sec. 1-1-19. Violations generally.
(a) It shall be uRla•,•,<ful for any persaR ta violate any previsioR er ta fail ta cernpl't' with any ef the req1:1irernents ef this Cede, or the pro'>'isiens ef an·; code adapted by reference b1· tl=lis Cede, or any pre\·isien ef an•, ordinance ef the city net iRcl1:1ded within this Cede. Any person violating any s1:1ch previsiens or failing to earn ply with any ef the rnandatery req1:1irements of this Code or any eode adopted b•,· referenee b')' this Code er any otl=ler city ordinance shall be guilt',' ef aR infraction, 1:1nless s1:1ch violation is specifically designates as eenstituting a miselerneanor. Each suel=I perseA shall be guilty ef a sef)arate effense for each and e..,ery da•r duriAg an•t pertien of wl:iich an;' Yielation ef any pr0•1isien of-this Cede, er of aR'f proi;ision of any code aaepted ay reference ay this Coele, or of aAy ether city ordinance, is cemmitted, eentinuee or pen'l'litled ~,, such persen, anel n:ia~· be punisheel accorelingly.
!bl Ti:ie \'iolatioR orfailure ta cen:iply with any provisien or reeiuirement of ti:iis Coele er any oti:ier pro•,ision referrea to in subseetioR (a) af tl'lis seetian, the 1,ialation of wl'licl=I or the failure to con:ipl•t witl:i wl:iich is designated as an infraction, sl:iall be prosewtable as a FAiselerneanor upen a tl:iirel vio latioA and eael:l viola:t:ion ·tl=lereafter of tl:ie same provision B't' tl'le saFAe iRdivielwal. In aelelition, any sucl'l violation er failure to €0FAply ma•; be 13r0see12teel originally as a n:iisdeFAeanar in the eliscretieA ef tl:le city atterRey er any eleput't' district atterne1·, 1:1pon a shoi,1,•ing by tl'le enforcing agency of the serieusness ef tl'le partie1:1lar allegeel 1,iolation. (Al It is unlawful for anv person to violate any provision or to fail to comp ly with any of the requirement s of thls Code or the provisions of anv code adopted by reference by this Code or any provision of any uncodlfled City ordinance . Any person violating any such provisions or failing to comply with any of the mandatory requirements of this Code or any code adopted by refe rence bv this Code or any other City ordinance shall be J;!Uilty of a misdemeanor. unless such violation is soecificaliy designated in this Code as constitut ing an infraction . prov ided that where the City Attorney or other prosecutor determines that such action would be in the intere sts of iustice, the City Attorney or other orosecutor may prosecute any such offense as an infraction . In the event a not ice to appear is prepared as a misdemeanor, the City Attorney or other prosecutor may nonet heless prosecute any such offense as an infraction . (Bl Violators shall be guilty of a separate offense for each and every day during any portion of which any violation of any provis ion of th is Code. or any provision of any code adopted by refere nce by this Code. or of any other Ci ty ordinance, is committed . continued, or permitte d by such oerson , and may be punished accordingly. (Ord. ~ 89-4, § 1(1.01.200), passed 12-1-1989)
Sec. 1-1-20. Aiding or abetting violation.
Whenever any act or omission is made unlawful by this Code, it shall include causing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission. (Ord. -N&.- 89-4, § 1(1.01.210), passed 12-1-1989)
Sec. 1-1-21. Establishment of offenses as infractions.
Any violation expressly declared to be punishable, in the discretion of the court, by either a fine, or by a fine or imprisonment, or both, shall become an infraction for all purposes under any of the following circumstances:
('1:6) Where a judgment imposes a punishment of a fine not exceeding $100.00 in the case of a first offense; (~§.) When the court grants probation to a defendant without the imposition of a sentence and, at the time of granting probation, or, on application of the defendant or probation officer thereafter, the court declares the offense to be an infraction; or
(~~) When the city attorney or any deputy district attorney files in a court having jurisdiction over misdemeanor offenses a complaint specifying that the offense is an infraction. (Ord. -N&.- 89-4, § 1(1.01.220), passed 12-1-1989)
Sec. 1-1-22. Penalties.
(a6) Misdemeanors. Any conviction of a misdemeanor under the provisions of this Code shall be punishable by a fine of not more than $1,000.00, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.
(b§.) Infractions . Any conviction of an infraction under the provisions of this Code shall be punishable for a first conviction by a fine of not more than $100.00, for a second conviction within a period of one year by a fine of not more than $200.00, and for a third or any subsequent conviction within a period of one year by a fine of not more than $500.00.
(Ord. -Ne,. 89-4, § 1(1.01.230), passed 12-1-1989)
Sec. 1-1-23. Imprisonment in county jail.
Imprisonment for violation of any city ordinance shall be in the county jail. (Ord. -N&.- 89-4, § 1(1.01.240), passed 12-1-1989)
Sec. 1-1-24. Violations deemed public nuisances.
(a6) In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision of this Code, or any such threatened violation, shall be deemed a public nuisance and may be summarily abated as such by the city.
(b§.) Any such violation or threatened violation as referred to in s~bsection division (a) of this section, or any condition caused or permitted to exist in violation of any of the provisions of any code adopted by reference by this Code or of the provisions of any other city ordinance, shall be deemed a public nuisance, which may be abated by the city attorney in a civil judicial action.
(Ord. ~ 89-4, § 1(1.01.250), passed 12-1-1989)
Sec. 1-1-25. Recovery of expenses for abatement of nuisances. (a6) Whenever any person creating, causing, committing or maintaining a public nuisance as referred to in seai&R~ 1-1-24, or other public nuisance as defined under state law or other ordinances or regulations, has been given notice by or on behalf of the city attorney or by any other city officer, employee or policing agent authorized to give such notice, to abate such nuisance or cease and desist from continuing such nuisance or violation of law, and such person fails, refuses or neglects to comply with the notice within the time specified therein, or, if such a time is not specified, then within a time reasonably sufficient to enable such compliance, such noncomplying person shall be liable to the city for any and all costs and expenses involved in the abatement of the nuisance and in obtaining compliance with or enforcing the law as referred to or encompassed within the notice .
(b~) Costs and expenses as referred to in subsection (a6) of this section may include but are not limited to any and all direct costs and expense related to such things as personnel salaries and benefits, operational overhead, rent, interest, fees for experts or consultants, legal costs or expenses, including attorneys' fees, claims against the city arising as a consequence of the nuisance or violation, and procedures associated with collecting moneys due under this section.
(s~) The provisions of subsection (a) of this section shall also apply to any person who received a notice and, as specified therein, abated the nuisance or violation, but subsequently allowed or was responsible for a recurrence of the nuisance or violation.
(e_Q) The liability of any person for the payment of the costs and expenses provided for in subsection (a) of this section may be waived in whole or in part by the city attorney in any case wherein he determines, in his sole discretion, that the failure or refusal of such person to comply with the notice was based upon a good faith reliance upon an issue of law or fact specially involved in the circumstances of the case. Any determinat ion or decision of the city attorney in this regard shall be final and conclusive and shall not be subject to appeal as prescribed in ~ Tltle 2, ~ Chapter 2.
(e.s) Money due to the city pursuant to this section may be recovered in an appropriate civil action or by special assessment proceedings against the parcel of land upon which the nuisance existed, conducted substantially in accordance with California Government Code § 39574 et seq. relating to weed abatement assessments. (Ord. ~ 89-4, § 1(1.01.260), passed 12-1-1989)
Crossre/erence{5}- 2
Nuisances, ~ § 11-14-1 et seq.
Sec. 1-1-26. Violation of administrative provisions by city officers and employees.
The violation of or the failure or omission to perform in accordance with any administrative provision of this Code by any officer or employee of the city shall generally not be considered a criminal act, but may be deemed a failure to perform the duties or to observe the rules or regulations of the department, office, commission or board within the meaning of the civil service ordinances and rules and regulations of the city, if applicable. (Ord. ~ 89-4, § 1(1.01.270), passed 12-1-1989)
Sec. 1-1-27. Method of service of notices.
Whenever a notice is required to be given, or may be given, under any provision of this Code or any provision of any code adopted by reference by this Code or any provision of any ordinance or resolution of the city not included within this Code, such notice may be given as provided in this section. Unless different or special provisions are otherwise specifically made in this Code or in some other applicable enactment, any such notice may be given either by personal delivery thereof to the person to be notified, or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified, at the person's last known residence or business address as the address appears in the public records or other records pertaining to the matters to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office or in the official receptacle thereof. (Ord. -Ne. 89-4, § 1(1.01.300), passed 12-1-1989)
Sec. 1-1-28. Proof of service of notices.
Proof of giving any notice may be made by the certificate of any officer or employee of the city or by the affidavit or declaration under penalty of perjury of any person over the age of 18 years, which shows service in conformity with this Code or other provision of law applicable to the subject matter concerned. (Ord. -Ne. 89-4, § 1(1.01.310), passed 12-1-1989)
Di~isieRChapte r 2 CITY SEAL
Sec. 1-2-1. Adoption.
A corporate seal for the city shall be adopted and approved by the city council by ordinance . (Ord. -Ne. 89-4, § 1(1.04.010), passed 12-1-1989)
Qi>JisieRChapter 3 CITATIONS IN LIEU OF IMMEDIATE ARRAIGNMENT Aftlele Subchapter 1. Citations in Lieu of Arraignment,§§ 1-3-1-1-3-10 Miele Subchapter 2. Administrative Citations,§§ 1-3-11-1-3-25 ART!CL6SUBCHAPTER 1. CITATIONS IN LIEU OF ARRAIGNMENT
Sec. 1-3-1. Notice to appear in lieu of arrest.
In any case in which a person is arrested for a violation of any provision of this Code and does not demand to be taken before a magistrate, such person may, in lieu of being taken before a magistrate, be issued a written notice to appear in court and then may be released, all pursuant to and in accordance with the procedures prescribed by California Penal Code § 853.6 et seq.
(Ord. -Ne. 89-4, § 1(1.08.010), passed 12-1-1989; Ord. -Ne. 2006-142, § 1, passed 2-21-2006)
Sec. 1-3-2. Issuance of citations by designated officers and employees.
Officers and employees of the city who have the discretionary duty to enforce a statute or ordinance may, pursuant to California Penal Code § 836.5 and subject to the provisions of this section, arrest a person without a warrant whenever any such officer or employee has reasonable cause to believe that the person to be arrested has committed an offense in the officer's or employee's presence which he has the discretionary duty to enforce, and to issue a notice to appear, and to release such person on his written promise to appear in court, pursuant to California Penal Code§ 853.6. No officer or employee shall be allowed by his superior to exercise the arrest and citation authority conferred in this section unless such officer or employee is within a classification of city officers and employees designated by resolution of the city council to exercise such arrest and citation authority as to specified violations. Any such officer or employee shall be appropriately instructed to deposit executed citations or notice with the police department for filing with the court, after review for legal sufficiency. (Ord. No. 89-4, § 1(1.08.050), passed 12-1-1989; Ord. ,Ne,. 2006-142, § 1, passed 2-21-2006) Secs. 1-3-3-1-3-10. Reserved.
ARTlaE SUBCHAPTER 2. ADMINISTRATIVE CITATIONS
Sec. 1-3-11. Legislative purpose and applicability.
(a) The city council hereby finds that there is a need for an additional method of enforcing the provisions of this Code.
(b) The city council finds that an appropriate additional method of enforcement of this Code is an administrative citation program as authorized by California Government Code§ 53069.4. (c) The procedures for the imposition, enforcement, collection, and administrative review of civil fines established in this article shall be in addition to, and not in lieu of, any criminal, civil or other legal remedy established by law and available to the city to address violations of this Code. (d) The purpose of issuing administrative citations pursuant to this ~ subchapter is to encourage voluntary and complete compliance with the provisions of this Code in order to protect the public health, safety and welfare of the citizens of the city; to provide a method of holding persons responsible when they fail or refuse to comply with the provisions of this Code; and to minimize the expense and delay where the otherwise sole remedy is to pursue responsible persons in the civil or criminal justice system. (e) The issuance of an administrative citation under this article is solely at the city's discretion and is one option the city has to address violations of this Code. By adopting this amele subchapter, the city does not intend to limit its discretion to utilize any other remedy, civil or criminal, for such violations that the city may select in a particular case.
(f) This ~ subchapter makes any violation of the provisions of this Code subject to administrat ive citation and civil fine . A violation of this Code includes, but is not limited to. all violations of any ordinance, regulation, rule or law applicable to the city, and any failure to comply with any condition imposed by anv entitlement, agreement or environmental document issued or approved under the provisions of thi s Code. (g) Because of the serious blighting conditions that can result affecting the residents' health and safety, th is article is intended to impose strict civil liability upon the owners and lessees of real property for all building, housing, fire and health code and zoning violations that occur upon the subject premises.
(Ord. #e-.. 2006-142, § 1, passed 2-21-2006)
Sec. 1-3-12. Definitions.
The follawiAg elefinitiens apfllyte the use eftf:1ese terms for tf:le J:1Urpeses ef this article. The singular shall induele the plural. For the purpose of this chapter. the following defin itions shall apply unless the context clearly indicates or requires a different meaning.
Administrative citation or citation ~ ffieans a,6 written notice to a responsible person that a violation of this Code has occurred and an assessment of civil fines issued by an enforcement officer of the city.
Building violation c nieans a8 ny violation of this Code pertaining to building, plumbing, electrical, or other similar structural or zoning regulations set forth in this Code that does not create an immediate danger to health or safety.
CPl:ee means a persan given an adrninistr:ative citatien cf:larging him er her as a respensilale persen for a Ceele ¥ielatien . Cltv. The City of Laguna Niguel.
Oty attorney:.... means t! he city attorney, or ~ their designee.
Codec means ti he Laguna Niguel Municipal Code or any ordinance adopted by the city council, including but not limited to. the subdivision code, the zoning code, the building code, and all uniform codes or other codes or regulations of the state or the county duly adopted by reference or otherwise applicable to the city.
Continuing violation ~ AAeafls...Each dav that a violation of this Code continues to exist, which shall constitute a new. separate, and distinct violation. either:
(1) A particular violation of the Code continuing for more than 24 hours without correction or abatement; or
(2) A repeated, consecutive violation of the same offense without intervening days.
Director or issuing director . nieans dDirect or of the issuing department or l=iis er hertheir designee.
Director of f inance~ means ti he city director of finance or ~ their designee.
Enforcement officer~ ffieans a~ny officer, employee or agent of the city designated by the city manager in writing to have the authority and responsibility to enforce provisions of this Code, including but not limited to, code enforcement officers, sheriffs deputies. building and safety inspectors, and public works inspectors.
Hearing officer~ means ti he person appointed by the city manager to serve as the hearing officer for administrative hearings l=ield pursuant ta this article . . incll,d ing for, but not limited to, administrative citations, nuisance violations, and abatement order
lssuedc means g§ iving a citation to the atee responsible person and issuance occurs on the date when a citation is personally served on the atee responsible person, the date it is mailed to the atee responsible person, or the date it is posted on real property where a property related violation occurs.
Issuing departmen ( mean5 ti he city department that has the authority and responsibility for enforcing the Code section(s) designated on a citation as having been violated.
Nocice of Compliance. A written notice issued to a responsible person by an enforcement officer confirming that the violation has been corrected.
Notice of decision; means a_6 written notice used to inform a atee responsible person of a decision made regarding an administrative citation issued pursuant to this article.
Notice of vio/ation c A'leaAs a!::, written notice to a responsible person advising that a violation of this Code has occurred and warning that an administrative citation assessing fines will be issued unless the violation is ceased and abated.
Responsible person c means ai!lA ny of the following who may be held liable for a Code violation and issued an administrative citation :
(±~) A person who causes a Code violation to occurs~
(~Q) A person who maintains or allows a Code violation to continue by his action or failure to acts~ (3-f) A person whose agent, employee, or independent contractor causes a Code violation by its action or failure to acts~
(4_g_) A person who is the owner of, and a person who is a lessee or sublessee with the current right of possession of, real property where a property related Code violation occurs~: and (~g) A person who is the on-site manager of a business who normally works daily at the site when the business is open and is responsible for the activities at such premises. fil For purposes of this aftiaes ubchaoter. !!person!! includes a natural person or legal entity , and the owners, majority stockholders, corporate officers, trustees and general partners of a legal entity.
There shall be a legal rebuttable presumption that the reeorel owAer of a i:,areel aeeoretiAg to the count•t•'s latest equalizeet i:,roperty ta,< assessment rolls aAd a lessee OF sublessee of a parcel has notice of aAy Code •;iolation elEisting OR the premises.
filFor the purposes of this afB€1.esubchao_ter, there may be more than one responsible person for a Code violation 0
,(4) For the purposes of this subchapter, ttRet- a minor at least 14 years of age may be a responsible person subject to the provisions of this article .
'/.ieJetar means a person gi¥en a eitatioA charging him OF her as a respoAsible person for a Cose •;iolation. (Ord. ~ 2006-142. § 1, passed 2-21 -2006)
Sec. 1-3-13. Administrative citation general.
(a) Any responsible person \'iolatiAg, ea1:-1siAg a ,.«ielatioA or A'laiAtaiAiAg a •;iolatioA of aAy ,:ire•<'isioA of this Cose may be issued an administrative citation assessing a civil fine as provided in this affi.aesubchapter . (b) Any enforcement officer. upon determining that a provision of this Code that he or she is charged to enforce has been violated, has the authority to issue an administrative citation to any responsible person or persons.
Pursuant to this authority. the enforcement officer shall determine the appropriate responsible person(s) for each violation.
(c) An enforcement officer may issue a citation for a violation the officer did not see occur if the officer has determined through investigation that the person is a responsible person sis commit tJ:ie violatioA. (d) A respeAsible f}ersoA to whom a citatioA is iss1:-1esA responsible person shall be liable for and shall pay to the city the fine or fines described in the citation when due pursuant to the provisions of this ilf'tiele subchapter.
Administrative citation fine s shall be a debt to the City and Sllbiect to all remedies for debt collection as allowed bv law. The Citv may pursue any legal remedy to collect the admini strative fin es. including, without limitat ion. the referral of such collection to a collection agency.
(e) Each and every day a violation of this Code exists constitutes a separate aAS sistiAct ·,iolatioA continuing violation aAathat will be subject to a separate fine. A siAgle citatioA may charge a •,<iolatioA l'er one or more says oA wi=lich a violation eKis~, aAel for •,iolatioA of o,~e or FAore Cose sectioAs. (f) Every person who applies for and receives a permit, license, or any type of land use approval (e.g., subdivision maps, site development permits, use permits and variances) shall comply with all plan approvals and conditions imposed upon the issuance of the permit , license or approval. If a person violates any condition of such permit, license or approval, he or she may be issued an administrative citat ion and be liable for civil fines under the provisions of this ilfHclesubchapter. (g) The city may take into consideration the fact that a person has been issued citations when the city is determining whether to grant, suspend, revoke, or deny any permit, license, or any type of land use approval for the person and such citations are evidence that the person has committed acts that are not compatible with the health, safety and general welfare of other persons and businesses in the vicinity . (h) The owner of any premises within the city has the responsibility for keeping such premises free of violations related to the use or condit ion of the property . The owner of such premises is a responsible person and shall be separately liable for violations committed by tenants or occupants relative to the use or condition of the property .
(Ord. -N&.- 2006-142, § 1, passed 2-21-2006)
Sec. 1-3-14. Warnings for certain continuing violations. (a) In accordance with California Government Code § 53069.4, no responsible person shall be assessed a civil fine under this ilfHclesubchapter for a continuing violation pertaining to building, plumbing, electrical, or other similar structural or zoning regulation (b1::1ilsiAg violatioAs) without first receiving a warning and reasonable opportunity to correct or otherwise remedy the violation. The procedures of this section shall not apply to violations that pose immediate danger to public health or safety. Each department head shall mainta in a list for his or her deoart ment general Iv describing those violations that oose an immediate danger to public health or safety.
(1) In such circumstance, the enforcement officer shall issue a notice of violation requiring cessation or abatement of the violation within a stated period of time prior to the assessment of civil fines. The stated period available to correct or otherwise remedy the violation prior to assessment of fines shall be appropriate to the violation as determined by the enforcement officer. The correction period shall be at least five ~ calendar days for violations for which abatement requires construction activities. Ne correctioA perios Is req1::1ired The enforcement office r may impose a snorter correction period for violations that can be immediately abated without construction activities, such as illegal temporary signs, banners, balloons, and human signs.
(2) If, after the correction period stated in the notice of violation, the violation is Rot ceased or abated has not been corrected, the enforcement officer may issue an administrative citation a-ssessiAg a fine and begin imposing fines upon the responsible person. The fine shall accrue on each day the violation exists with out abateFAeAtcorrection . The atee responsible person to whom the administrati ve citati on is issued shall be liable for and shall pay to the city the fine or fines described in the administrative citation which shall be due on the date the administrative citation is issued. Additional citations may be issued and fines imposed for every day the violation continues uncorrected from the date the administrative citation is issued and the atee responsible person shall be liable for and shall pay to the city any additional fine which shall be due on the date any new citat ion is issued. (b) The enforceFAeAt officer FAJ'f, iA his or her discretion, iss1::1e a notice of \«iolatioA to a respoAsible person where such person sis not persoAallv cause the violation ans is unaware that the vielatioA is oecurriAg iA a
manner or plaee, whieh 1,vo1:1ld reneler the persoA responsible. S1:1el=I notiee a.f •~iolation sl=lall serve as a ·Nritten ,.,,«arning ef responsiaility and reeit1ire immediate action by tl:ie responslale person te eease and abate tl:ie Yiolation . Tl=le notiee of ..,iolation sl=lall SJ:)eeifi; a sate 01; wl=lieh the violation rn1:1st ee eeased and aeated. If, after sais eorreetion perios follow ing tl=le written warning, the ..,iolation Is not ceases or abates , tl:le enforeeFAent ott:ieer may isst1e an administrative citat ion assessing fines in aeeordanee witl:i this artiele. (eg_) Any responsible person cited for a continuing violation may request from the director of the issuing department an extension of time to correct the violation so long as the request is filed with the director before the end of the correction period. The director may at his or her discretion grant an extension of time to correct the violation if the responsible person has supplied sufficient evidence showing that the correction cannot reasonably be made within the stated period. The director's decision shall be in writing and is final.
The filing for such an extension does not, unless granted, extend the correction period or any other time periods set by this a-Ftielesubchapter .
(&f) The procedures of this section shall not apply in the instance of a violation that poses immediate danger to public health or safety. L:iel:i de!'lartment l:iead The director or their designee(sl shall maintain a list for his or her department generally describing those violations that pose an immediate danger to public health or safety.
(eQ) If upon reinspection the enforcement officer determines the violation has been corrected , l:ie or shethey will issue a notice of deeisioncomplia nce to the elteeresponsible oerson indicating correcti on has been made. (Ord. -Ne,. 2006-142, § 1, passed 2-21-2006)
Sec. 1-3-15. Administrative citation contents.
{a} Each notice of violation and each administrative citation shall contain the following information:
(-16) Name of the person who is charged as a responsible person for the violation(s h. (~~) Dateli_l and approximate time of the violation(s k (6~) Address or definitive description of the location where the violation(s) was obser.•edexisted or occured,~
(4.Q) The Code sections or permit conditions violated and a description of the violation(s h. (~I) Wl=letherDesignation of whe ther the offense is a continuing violation tl:lat shall aeen,,e fines t1ntil properly eeaseel and aaated and how much time the responsible oerson has to correct the violation,~ (ef) The date on which the citation is issued,~
(+§) Issuing department for the Code section(s) violated ,~ (&!:!) The amount of the fine for the violation(s ), if applicable, including the amount due for the initial violation(s) and any prospective daily fine for failure to abatecorrect the violation(s) (if applicable to a continuing violation k
(91) An explanation of how the fine shall be paid and the time period by which it shall be paid,~ (W !) Designation of building violation(s) (if applicable), including the correction period, date the correction period expires, the procedure to request an extension of the correction period, and that an administrative citation will be issued if the building violation has not been timely corrected ,~ (-1-1.!$.) Designation of any prior citations issued for the same Code violation(s), if known by the enforcement office r,~
(-R!,) Notice to the responsible person to immediately correct the violation(s) and an explanation of the consequences of failure to correct the violation(s k
(H M) An explanation of how the abatement correctio n of the violation (s) can be properly verifie d (if applicable),;_
(~ _!',!) Description of the procedure for requesting an administrative hearing to contest the issuance of a citation and/or a waiver of the fine deposit, including a place to obtain a form for making these requests and the date by which these requests must be submitted ,;_ (~ Q)A notice that the Code violation(s) is a nuisance and that collection of unpaid fines and/or nuisance abatement costs can be enforced as aA assessment or lien against the property where the ·,iolation(sl eceurs, and that unpaid asse5scments taA result in the property aeing sold after three 'fears by tl:ie county ta* collector and collected through any means authorized by law,;_ (-±eE) The name and signature of the enforcement officer and, if possible, the signature of the responsible person,;_
(17) .'\ self addressed en•,elope in wl:iict:i the Yiolater can send tl:ie city the fine or reeiuest an administrati\'e heariAg or a wai\'er of the fine deposit.
(Ql An order prohibiting the continuation or repeated occurrence of the Code violation/sl described in the administrat ive citation: and
(-18B.) Any other information deemed necessary by the city attorney or director of finance for enforcement or collection purposes.
(Ord. ~ 2006-142, § 1, passed 2-21-2006)
Sec. 1-3-16. Service procedure.
{&_An enforcement officer may issue a notice of violation and/or an administrative citation in accordance with this article to a responsible person. The notices of violation and administrative citations shall be on a form approved by the city manager and the city attorney. f,OJ(Bl Service of notices of violation and administrative citations shall be in accordance with ~ any of the following procedures:
(1) Personal service. In any case where an administrative citation is issued, the following shall aooly.7 a. The enforcement officer shall attempt to locate and may personally serve the responsible person and obtain the signature of the responsible person on the administrative citation . b. If the responsible person served refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation or of subsequent proceedings. (2) Service of citation by mail.
iEl_lf the enferceFAeAt officer is unable te locate the respoAsible perseA, ti he administrative citation ~ may be mailed to the responsible person's address shown on the countv 's last equalized property tax assessment rolls for a property-related violation . or to anv address known for the resoonsible oerson for all other violations by certified mail, postage prepaid with a requested return receipt. ilil_Simultaneously, the citation may be sent by first class mail. If the citation is sent by certified mail and the certification is returned unsigned, then service shall be deemed effective pursuant to first class mail, provided the citation sent by first class mail is not returned.
(3) Service of citation by posting notice. If the enfor cement efficer does net s1:1cceed in [:lersenally serving the res[:lonsiele [:lerson, er by certified mail or reg1:1lar mail, ti he enforcement officer sl=la!+may post the administrative citation on any real property in a conspicuous place within the city in which the city has knowledge that the responsible person has a legal interest, or as otherwise required by applicable laws, and such posting shall be deemed effective service, and shall further mail the administrative citat ion after posting.
(Ord. ~ 2006-142, § 1, passed 2-21-2006)
Sec. 1-3-17. Amount of civil fines.
(a) =!=Relf the violation described in Section l -3-14(a) has not been corrected or otherwise remedied in accordance with that section. the amount of the fines for violating this Code that may be imposed by administrative citation are the following as follows:
(1) $100.00 for the first violation of a provision of this Code. ordinance, or perm it condition. (2) $200.00 for the second violation of the same provision of this Code. ordinance. or permit condition. (3) $500.00 for the thiri:I ans s1:1bseei1:1enteoch additional violation s of the same provision of this Code.,_ ordinance, or permit condition .
(b) The city council may, by adoption of a resolution, establish a schedule of fines for violating particular provisions of the Code. The amount of the fines contained in such a schedule shall supersede the amount of the fines set forth in s1:1bsectien adivision (Al above. (c) The schedule of fines may also specify the amount of a late payment penalty, interest and processing fee owed for any fine not paid when due. A late payment penalty and interest shall be owned for fines not paid within ~ 20 days of the date of issuance of the citation. (d) Fines are due on the Ela1f the citatien is iss1:1cein accordance with Section 1-3-18, except when a fine deposit has been waived pursuant to section 1-3-21. If a citation for a violati on is contested and the hearing officer upholds the citation following th e hearing, the fine shall be due en the datc20 days after the decision is masc anel [:lcrsenally scn;eel on tl:ie citee or the elate tl:ie elccision is mailed to served upon t he Ei-teeresponsible person in accordance with this subchapter . (e) In addition to the penalties provided in this Code, any condition caused or permitted to exist in violation of any of the provisions of this Code shall be deemed a public nuisance and may be. bv the city, summarilv abated as such. and each dav such condition continues shall be deemed as a continu ing violation . (Ord. ~ 2006-142, § 1, passed 2-21-2006)
Sec. 1-3-18. Satisfaction of administrative citation .
(a) Upon receipt of a citation, the responsible person must do the following:
(1) Pay the fine to the city and deliver to either the city or the citv's contracted agent specified on the administrative citation within ~ 20 days from the issuance date of the administrative citation . All fines assessed shall be payable to the city. Payment of a fine shall not excuse or discharge the failure to correct the violation(s) nor shall it bar further enforcement action by the city, including, but not limited to, issuing additional administrative citations, initiating and pursuing abatement actions, and filing and pursuing criminal complaints.
(2) Cease anel abate the ;•iolatien(s). If the offense is a continuing violation and the responsible person fails to properly cease anel abatecorr-ect the violation, fines shall accrue for each day until the abaternent correction is properly verified. Additionally , subsequent administrative citations may be
issued for the saA1econtinu ing violation(s). The amount of the fine for failure to correct the violation shall be charged or increase at athe rate specified in this ~ subchaoter or by resoluti on. (b) At any time following -6Q20 days after the issuance of the citation, the city may deliver a collection bill to the responsible person requiring payment for all outstanding amounts owned for the violation, including the amount due for the initial violation and any accrual of daily fines from the date the citation was issued to the date the aeatement correct ion of the offen se is properly verified (if applicable) plus any appropriate late payment charge, interest and/or processing fee less any amount remitted pursuant to sueseetioR a of H1is ~ division (Al above.
(c) The abatement correction of a continuing violation must be verified by an enforcement officer of the city. The responsible person shall contact the telephone number designated on the citation and schedule an inspection by an enforcement officer . Fines shall accrue until the aeatemcnt correction is verified , less any days dela1,cd by aetion of the city iR seheduling said insi:iettion by the city. (d) The director of financc City Manager or their designee shall be author ized to establish policies and procedures for the payment, receipt and processing of fines. (e) In the event that the responsible person requests an administrative hearing pursuant to Section 1-3-22. the accrual of the late oenaltv and interest will be stayed. pending a decision by the hearing officer. The accrual of the late pcnaltv and int erest will resume if the hearing off icer issues a final decision upholding the administrative citatio n. and shall be assessed if the fine remain s unpaid 20 days aft er the hearing office r's final decision.
(Ord. -N&.- 2006-142, § 1, passed 2-21-2006)
5ee. 1 a 19. Pi=eli~iRaF\' i=e11iew.
(a) A person issued an administrati~•e citation ma1• reeiuest a i:ireliminary re•,icw. TAe rceiuest must ec FRadc witAiR seven da•,«s of tAe date tAc eitation is issued. {bl To oetain a i:ireliFRinary review, the citee shall go to tAe isstiing elei:iartment, present a copy oftAe citation ans a eoFRflletcd ans signeel reei1:1est for i:ireliminary re~•iew. TAe request shall state tAe reasons why there was no violation or wAy the citee fS not a res13onslele 13erson for the violation . (c) The fjreliA1inary review shall ee eonelueteel ey a eity crnfllo•,ee desigRateel ey tAe elirector of the issuing elei:iartmeAt. The revie•,•,•er shall not be the enforcement officer 1,1,•Ao iss1:1cel the citatioR. The fll:IF:pose of the rc·t'ie•,\· is to uncover aAd cancel an',' mistal,eAl't' issued citatieRs e1:1e to errers tAat are easily w1erifiaele , ans not to resolve facttial elisputes eoAccrniAg the vialation that is tl'lc s1:1bjett of the citation . (e) TAe 13reliminary review will ee decised at the tifflc the request is fileel if reasonael)' f!Faetieal as dctcrmineel B'f tAc re·1iei.•.1er. It shall consist ef a re•t'iew of the citation anel the written reei1:1est ane any other evidence s1:1emittcd at the safflc tiFRe as the reqwest by the citee aRd, at the discretion of tAe reviewer, any other relateel information . Where the review is not com13letee with five working ela.,.s of rccci13t of the request, tAe reei1:1est shall be eeeFRcd deniee.
(cl The eitee shall ee notifiee of the restilts ef the re, .. iew by being gi·>'en a notice of decision statingthe decision.
The sitee ma•t also ee gi•.,cn adelitional notice e·,· telcf!Aone or faeslrnile wl=!en f!Faetieaele. (fl A request for f!Feliminary re¥iew does not extend any time i:ierieels fer eompliancc, inclueling the fine d1:1e date, the time any eorreetion perios ends, and tAe tirnc ta reeiuest an administrative hearing. (g) If tAe reviewer eonelueles that Re Gode violation occurrcet or that the citee was net responsiele for tAe violation , the citation shall ee eanceleel.
(Orel. No. 2006 142, § 1, 2 21 06)
Sec. 1-3-20. Request for administrative hearing.
(a) Any 13eFson receiYing an administrative citation The responsible person may contest the citation by filing a request for an administrative hearing. To obtain a hearing, the e4e-eresponsible person shall file a signedL complete written request on a form provided by the city and state the grounds for contesting the citation and fine. A citee may contest the citation b•,· den1, 1ing that a Yiolation occurred, b•,· denying that it was not corFect:ed within the correctio n perioa, if a1313licable, or b1,' den',1ing that the citee is a res13onsible 13erson ior the violation . The hearing will be limited to such written groun ds. (b) To be effective and complete, the request must be received by the airector of the issuing de13artn~ent Q1Y Clerk wi thin 20 days of the date of service of the administrative th-e citati on was issl:led, and be accompanied by evidence of payment of the full amount of the fine. Where a request and fine deposit are mailed by the e4e-eresponsible person, the request and fine deposit shall be deemed filed on the date received by the ellrector of tRe issuing aepartment Citv Clerk. All requests shall be date stamped upon receipt. 111 Payment of a hearing fee. which may be established by City Council resolution, must be deposited with the request for a hearing filed pursuant to this section, along with the full amount of the administrative citation fine being contested. Any hearing fee shall not exceed the reasonable cost to the City of a hearing. In addition , the appellant shall be resoonsible for paying one-half (½I of the hearing officer's full fees and costs, whic h must also be deposited with the request for a hearing. The hearing officer's costs shall be based on City staff's estimate of the costs of the hearing and complexity of the hearing at the time of the filing of the request for hearing. In the event that one-half(½) of the hearing officer's actual costs are less than the deposit paid, the City shall refu nd any excess costs to the appellant Deposits and fees requ ired under this section are subject to Section 1-3-21. hardship waivers. (c) The elirect:or ef the issuing aepartA'lent shall establish a date, tiA'le ana 13lace for the adrniAistrati¥e hearing and 13re•riele notice of t:hat Rearing to tl'le citee at least ten calendar days in ael,.·ance ef tl'le Rearing. The hearing shall be helel within ~O days of tRe request for an aarninistrati,.1e hearing. (ef) The person requesting the administrative hearing shall 13ersonally attend the hearing on the date, time and place specified by the issuing airecto rin the notice . AThe responsible person's failure to personally attend the hearing will be considered a non-appearance. Non-appearance by the e4e-eresponsible person shall constitute an abandonment of the request, unless the hearing was continued pursuant to section 1-3-22, and a failure to exhaust administrative remedies concernin g the violation ser forth in the citation . (Ord. ~ 2006-142, § l, passed 2-21-2006)
Sec. 1-3-21. Waiver of fine deposit.
(a) A person who files a timely request for an administrat ive hearing may also request at the same time a hardship waiver of the fine deposit, hearing fee, or hearing officer costs. To seek such a waiver, the atee re.sponslble person must check the box indicating this request on the form for requesting an administrative hearing and attach a statement of the grounds for the request . +eFor the request to be effective, the completed form requesting the administrative hearing and the waiver must be received by the issuing director within ~ 10 days of the date the citation is issued. (b) The person requesting the waiver bears the burden of establishing by substantial evidence that fle--61' 5-h-ethey does not have the financial ability to make the deposit of the fine , hearing fee, or hearing officer costs.
(c) The waiver request will be decided by the issl:ling director City Manager or their designee based on the information and evidence provided by the atee responsible person demonstrating to the City Manager or designee's reasonable satisfaction that such person is financially unable to deposit the total amount in
advance of the hearing .. The iss1:1IAg director City Manager or their designee shall send the Eiteeresponsible person a notice of decision listing their reason(s) for granting or not granting an advance deposit hardship waiver in writing and serve it on the responsible person. (d) If the waiver is denied, the Eiteeresponsible person shall pay the fi.Aereguired amount within seven days of the date of that decision. Failure to make the deposit by the t ime required shall be deemed an abandonment of the contest. Upon receipt of the fine amount, the administrative hearing to contest the citation shall be set pursuant to section 1-3-22.
(e) The requirement of depositing the full amount of the fine, hearing fee, and hearing officer costs shall be stayed unless or unti l the City Manager or designee makes a determinat ion not to issue the advance deposit hardship waiver. The filing of a request for hardship waiver of the fine deposit does not extend any other time periods set forth in this ~ subchapter, except the time when the-fifle deposit must be made. (fl The iss1:1iRg eireeter'sCity Manager or their designee's decision on the waiver request is final and Ret s1:1bjeet to appeal may not be contested through a request for hearing. (Ord. N&.- 2006-142, § 1, passed 2-21-2006)
Sec. 1-3-22. Hearing procedures.
(a) The heariAg shall be e0Aa1:1etee by a heariAg o#ieer oA the date, tiFRe a Rd plaee speei-f'iee by the iss1::1iAg elirector. The City Clerk shall forwar d the request for a hearing contesting an administrative citation to the designated hearing officer designated pursuant to this article. The hearing officer so assigned shall schedule a date for hearing. The hearing shall be held not more than 60 calendar days and no sooner than 15 calendar days from time of referral by the City Clerk to the hearing officer; provided, however. that the hearing officer may schedul e the hearing more than 60 calendar days out if he or she reasonably determi nes that additional time is necessary or upon the mutual agreement of the parties. At least 10 days prior to the date of the hearing. the hearing officer shall notify the responsible person and City offic ial of the time, date and place for the hearing. To the extent that specific State or City ordinances set forth additional not ice provisions, the hearing officer shall also comply with such provisions. (b) The iss1:1iAg director City Manager or their designee shall ensure that the pertinent citation records are delivered to the hearing officer for a citation set for a hearing, including information showing all fine deposits and waivers granted . The issuing director shall also make available to the e-iteeresponsible person before the hearing a copy of any additional reports concerning the citation that are provided to the hearing officer . (c) The Eiteeresoonsible person shall be given the opportunity to testify and to present evidence relevant to the Code violation specified in the citation .
(d) A parent or legal guardian of a Eiteeresponsible person who is a minor, under 18 years of age, shall accompany the Eiteeresponsible person during the hearing. (e) The citation aAe an~• other rei:iert5 i:irei:iareel by the eRfarcemeRt officer, er at his er her reei1:1est, eoAeemiAg the Code ¥iolatieA er attempteel cerrection of the Code violation that are provided ta the AeariRg officer shall be accepted by the hearing officer as prima facie evidence of the Code violation and the facts stated in such documents.
(f) Neither the enforcement officer nor any other representative of the city shall be required to attend the hearing, nor shall the hearing officer require that there be submitted any evidence, other than the citation, that may exist among the public records of the city for the violation. However, such appearance and/or submission may be made at the discretion of the enforcement officer or any city employee or agent.
(g) The Rearing officer rna•t continue a hearing if a reeiuest is made shewing geed cause by tl=ie citee er a representafo•e of the cit>/. All continuance reEfl,Je5ts shall either: hearing officer may continue the hearing as he or she determines is reasonably necessary.
(1) Be rnaele in person at the hearing 9'/ the citee or his or her ref;Jresentative if the citee is f;lhysically una0le to attcnel, or
(2) Be masc b•1 a written reeiuest recciYea 01' the issuing director at least 24 hours before the hearing Elate.
If the cont inuance is grantee , a ne·N hearing date shall 0e set and hclel within 45 elays. If the continuance is elenied, the hearing shall f;JFOceed then and there as scheeluled, and if the citee is net !'I resent the reeiuest(s) shall be eleemed abandon ea in accordance with subseEtion (i) below. (h) The hearing shall be conducted informally and the legal rules of evidence need not be followed . The hearing officer does not have the authority to issue su0f;leenas. (i) The failure of the citee ta Bf;Jf;lear at the hearing, unless the hearing was continueel f'IUrsuant to subseEtien g abo•;e, shall constitute an abanelonrnent of the conte.sting of Urn citation , and a failure to euhaust aelrninistratit,e remedies concerning the Yiolation set forth in the citation . The Any failure to appear by the atee responslble person shall be noted on the notice of decision by the hearing officer which shall be mailed to the atee responslble person by the issuing director hearing officer . The fine deposit shall be credite d by the city against the fine due for the violation . Any fine deposit waiver granted shall be canceled and the fine shall be due on the date the not ice of decision is served on the atee responsible person. (i) At such hearing, th e responsible person and the City representa tive may present evidence relevant to the decision of the enforcement officer. as determined by the hearing officer . (Ord. N&.- 2006-142, § 1, passed 2-21-2006)
Sec. 1-3-23. Administrative hearing decision.
(a) After considering all the evidence and testimony submitted at the administrative hearing, the hearing officer shall issue a written decision to uphold . modify. or cancel the citation reverse, in any manner he or she deems justified pursuant to the evidence presented, the decision of the enforcement officer which is the subject of the hearing. The decision shall not. however, conflict with any substant ive prov isions of the applicable article(s) of this Code. The hearing off icer shall. withi n 10 calendar davs of the conclusion of the hearing, fife with the Citv Clerk his or her written decision, along with written findings of fact and conclusions of law. and shall orovlde a copy of the decision to all parties: provided. however, that the hearing officer mav take more than 10 calendar days if he or she reasonably determ ines that additional time is necessary or upon the mutual agreement of the oarties . If any partv is reoresen ted by an attorney , the attornev shall be served. The hearing officer has no discretion or authority to reduce or modify the amount of any fine. The decisioR will ae made en a notice of Elecision forrn aRd ,...,ill state the reasons anel evidence censidered for the decision.
The decision of ti:le hearing officer shall be rnaele at the conclusion of the hearing anel shall be final. Ti:le notice of decision for the adrninistrafoce hearing shall be [3ersonally deliYered to the citee at ti:le cenclusion of the hearing. In the alternat iYe, the Rearing officer may with in fr,ce elays either mail a corn[3leted notice ef elecision to the citee or reeiuest tl=~at the issuing director rnail the cornf3leteel notice of decision to the citee.
The hearing officer shall also submit the origina l copies of the record to the Oty Clerk. (b) If the decision is to uphold the administrative citation, the city shall keep the fine def;JOSited as l'la'ffl'IGnt for ~ responsible partv's share of the hearing off icer's costs and the deposite d administra tive fine amount. If the decision is to €af¼€elreverse the citation in favor the responsible party, the city shall refund the fine def;Josit responsible oarty's share of the hearing officer's costs and the deposited admin istrative fine amount to the atee responsible person within 30 days of the filing of the notice ef decisien hearing officer's decision. If the citati on Is upheld and the fifle...<leposit has been waived, the #Retota l amount due shall be due
on the date the decision is served on the atee responsible oerson. As used in this section. a "reversal" of an administrative citation means the hearing officer has determined the administrative citation is void as against the responsible party , and the appellant is not subject to any administrative citation fine .. (c) The hearing officer's continued employment, performance evaluation, compensation, and benefits shall not directly or indirectly be linked to the amount of citations upheld or canceled by the hearing officer. (Ord. ~ 2006-142, § 1, passed 2-21-2006)
Sec. 1-3-24. Right to judicial review.
(a) The eiteeresponsible person may seek judicial review of the administrative hearing decision by filing an appeal in accordance with the provisions of California Government Code§ 53069.4{b) or other applicable law with the superior court within 20 calendar days after the eiteeresponsible person receives a copy of the notice of decision. The appeal filed with the court must also contain a proof of service showing that a copy of the appeal was served upon "City of Laguna Niguel (Attention: City Attorney)." TRe eitee A'lust pay Hie reeiuired filing fee when the appeal i-s filed.
(bl ~le appeal is pern,itted frorn any ofthe following:
(1) /\ aeeision on a ree:iuest for prelirninary re•,ciew. (2) /'. elecisien en a ree:iuest for an elltension of the eorreetion period for building \'iolations . (~) A eleeision on a ree:iuest for wah•er of a fine depesit. (<1) Aste citatiens where it is deerneel the citee has abanelonee the centest ef the citatien by an uneHcusee noAappear:ance at the hearing or by failing to deposit the RAe. (e.!2) The city attorney shall forward to the court within 15 days of its request the pertinent citation documents for any case appealed to that court.
(&,!;) If the court cane-els any citation reverses an administrative citation in favor of the appellant, the city will refund any fine deposit made and, if the city requested attorney's fees and costs at initiation. the appeal filing fee.
(Ord. ~ 2006-142, § 1, passed 2-21-2006)
Sec. 1-3-25. Collection of unpaid fines.
(a) The city, at its discretion, may pursue any and all legal and equitable remedies for the collection of unpaid fines, late penalties, interest and processing fees. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fines, penalties, interest and fees owned by a person under this article have been collected. Nothing in this subchapter shall be deemed to prevent the City fro m commencing a civil or criminal proceeding to enforce the provisions of this Code and any other ordinance of the City. or from p1.1rsuing any other legal means or remedies available to it in addition to or in lieu of the procedures set forth herein.
(bl The city may refuse to issue, extend, or renew to any person, who has unpaid delinquent fines, penalties, interest, fees, liens or assessments, any city permit, license, or other city approval pertaining to the property that is the subject of the citation and fine.
(c) Any permit, license or land use approval issued by the city to a person who has unpaid fines, penalties, interest and fees related to the permit, license or land use approval totaling $1,000.00 or more that remain delinquent for 30 days or longer shall automatically be suspended. The suspension becomes effective ten days after notice of the suspension is sent via certified , U.S. mail, postage prepaid, addressed to the person
and shall continue until the delinquency is paid in full. nie person may request a re•,iew hearing pursuant to the 1=3recesures in section 1 3 19 on only the issue of whether the fine is sellnquent. The request R1ust ae files befere the ten say perios enels. Continuing to operate under a suspended permit, license or approval shall be grounds for the permit, license or land use approval to be revoked. Revocations may be made by the city council at a public hearing for which the person is given at least ten sa·,s prior written notice . (d) It shall be unlawful for a person issued an administrative citation to fail to pay any civil fine, penalty, interest or fee imposed pursuant to this affiae subchapte r. TRe city attorney, at his or her eliscretion, may issue a criminal citatien or cernplaint for an infraction to any i:iersen issueel a citation who fails to rnal(e such a payment .
(e) Any vielation of this Coele shall censtitute a n1:1isance. To compel Coele ceFApliance, the city mat' seelE to abate tl=le nuisance anel collect the cost:s incurreel a~· means of a nuisance abatement lien ane:J,'or special assessment against the preperty where a property relateel violation oceurrea in accorelance with the proceelures in G01;ernment Coele §§ 38773.1 anel 38773.§. Any unpaid delinquent ci,1il fines, penalties, interect: ana fees ma·1 ae reco,·ered as part of an11 such lieA or special assessment against the property of the responsible person whe is the owner of the preperty where the violation occurres . (f) To p1:1rsue an aaaternent of a Code ,•io!ation as a nuisance ana reco¥er an•t' delinquent civil fiAes, penalties, interest anel fees as a lien or special assessFAent, t~e following eenelitions must ae met:
(1) The city manager ffiu&t suamit to and recei,·e from the city counci l a resoh:1tion certif,·ing the amounts of the liens ans special assessments seugl=lt to ae collecteel from each prepert'f• owner. (2) TAe total amount of t=he elelinquent fine, penalt>,·, interest or fee against the property owner A=1ust be $2!30.00 er more ans be selinquent fer 60 says or more.
The city manager may take any steps necessary to enforce collection of the lien or special assessment, in eluding but Aot limites to the f:ellowing:
(1) Reeiuest the couAt'( recereler to record a netice of BR'( lien or special assessFAent certifies b;' the city ~
Pl Req1Jest the county t:ax collector to collect an·t lien or special assessn,ent certified a·r the city ceuncil.
The cit•, manager n,ay pursue these remeelies whether or Aot the city is pl.lrsuing any other action to termiAate an ongoing Coele •riolatien that ·Nas the easis for the fine . (g) All asrniAistrative citations shall contain a notice that unf.)ais fines, iAterest anel penalties are subject to the assessment ane:J lien collection f.)FOCeEiures ef tl=tis section. This notice shall satisfy the netice requiremeAts ef Go'>'ernmeAt Code§§ 38773.1 anel 38773.S, when an aeln:iinistrati>.1e citatioA is personally serves on the •;ielator. In aelditien, the eit'( manager shall b·r first class mail senel notice to each f.)ropert'f• owner at least ten days eefore the city council coAsielers tl=le resolution to certify the amounts of the liens ana special assessments stating the elate, time aAel location of tl=le R1eeting. TAe lien anEi/or s13ecial assessment sl:lall ae imposes on the date the administrati>.'e citatien for tl:ie Coele violation is isslies to the responsiale person ana aecomes eUecti1,1e Uf.)On the recereling of a notice of lien or s13ecial assessment b·t tl=le couAty recorder . (h) /'. violator FAay contest the amount anel/or \'alielit>t of aAy lien or s13ecial asses5ment-fer aA aamin istrati•,ce fine at the 13ualic hearing wl=len tl=le city ceuncil consielers the resolution to certify the liens anel assessments. Such contests a•r a •Jiolator shall be llrniteel to tl=le issue ef the amount anel,'or 1,alid ity of the lien or as5essment and may not consieler whetl=ler the unserl·ting Cose violation eccurreel. Pursuit of such a contest av a violator is necessary to ei1haust the aelrninistrati\·e ren:iesies concerning a legal challenge to the valiait',' of any sucl:l lien or special assessment.
(Ord. ~ 2006-142, § 1. passed 2-21-2006}
Sec. 1-3-26. Admi nistrative Rules and Regulations .
Consistent with the intent and goals of this subchapter , the city manager may adopt administrative rules and regulations for implementati on and furtherance of the requirements of this subchapter. Such rules and regulations may be enforced as an ordinance in anv manner permitted by this Municipal Code and applicable laws.
Sec. 1-3-27. Severability .
If any provision of this ordinance and subchapter is found to be unconstitut ional or otherwise invalid by anv court of competent rurisdiction. that invalidity will not affect the remaining provisions of this ordinance and subchapter. which can be implemented without the invalid prov isions. and to this end, the provisions of this ordinance are declared to be severable.
ATTACHMENT B
Title 2 Updates: Administration and Personnel
Qi,..isiaAChapter 1.
Qi•.,isiaAChapter 2.
Qi•.•isieAChaQter 3.
Qi•,•lsiaAChaQter 4.
Qi>i1isiaAChapter 5.
QivisiaAChaoter 6.
Qi•JisieAChaQter 6.~l.
Qii,<isiaAChapter 7.
Qi,..isiaAChapter 8.
9i¥isiaAChaQter 9.
Laguna Niguel, California, Code of Ordinances
TITLE 2 ADMINISTRATION AND PERSONNEL
TITLE 2
ADMINISTRATION AND PERSONNEL 1
General Provisions
Council
Commissions, Boards and Committees
City Manager
City Clerk
City Treasurer
Director of Finance
City Attorney
Political Reform
By-District Elections
DhJisieRChapter 1 GENERAL PROVISIONS
Sec. 2-1-1. Date of general municipal elections.
General municipal elections for the city shall be held on the same day as the statewide general elections, which is in November of even~numbered years.
(Ord. ~ 91-32, § 3, passed 4-16- 1991)
DivisieRChapter 2 COUNCIL
Sec. 2-2-1. Time of regular meetings.
The time of regular meetings of the city council shall be established by resolution of the city council. (Ord. ~ 89-4, § 1(2.04.010), oassed 12-1-1989; Res. ~ 89-3, Qassed 12-1-1989; Ord. ~ 2007-146, § 2, oassed 5-1-2007)
Sec. 2-2-2. Place of regular meetings.
The regular meetings of the city council shall be held at a location to be designated by resolution of the city council.
(Ord. ~ 89-4, § 1(2.04.020), passed 12-1-1989)
Sec. 2-2-3. Improper conduct at meeting.
/Wf person using profane, \'Ulgar, lo1:,1d or eoisterous lang1:,1age at any eouncil meeting or otAerw ise interrupting tAe r:,roeeedings, who refuses to ae seated or IEeep eiuiet when ordereEI to de so by tf:ie mayor er other presiding officer of the eouneil, is guilty of a FRisdemeanor. Any person who disrupts a meet ing by engaeing in disorderly conduct, using loud or boisterous language. refusing to be seated or keep quiet when ordered to do so bv the mayor or other presiding office,. or otherwise impeding the orderly conduct of the meeti ng is guilty of a misdemeanor and subiect to removal from the meeting.
(Ord. f>l.e-:- 89-4, § 1(2.04.030), passed 12-1-1989)
Sec. 2-2-4. Adoption of rules of procedure.
The city council may, by resolution, adopt rules of procedure and regulations pertaining thereto to govern the conduct of its meetings and any of its other functions and activities. (Ord. -Ne-.- 89-4, § 1(2.04.040), passed 12-1-1989)
Sec. 2-2-5. Reimbursement of members for expenses.
When approved by the city council, each member of the council shall receive reimbursement for actual and necessary expenses incurred in the performance of official duties for the city, pursuant to the provisions of California Government Code§ 36514.5.
(Ord. -Ne-.- 89-4, § 1(2.04.050), passed 12-1-1989)
Sec. 2-2-6. Salary of members.
(a) The salary for members of the city council is hereby established at $400.00 per month commencing on December 1, 1989.
(b) Any amount paid by the city for retirement , health and welfare, and federal social security benefits shall not be included for the purpose of determining the salary established in sueseetien {a) of this seetion, Di tis1on (Al above; provided that the same benefits are available and paid by the city for its employees. (Ord. -Ne-.- 89-2, § 3, passed 12-1-1989)
Sec. 2-2-7. Commission appointments.
Unless otherwise specifically provided in this Code or by state law, all city board and commission appointments, except for ex officio members where applicable, shall be made by the city council. (Ord. -Ne-.- 89-4, § 1(2.04.060), passed 12-1-1989)
Sec. 2-2-8. Appeals to council-Right of appeal.
(a) Except when an appeals procedure is otherwise specifically set forth in this Code, any person excepting to the denial, conditional approval, suspension or revocation of a permit , license or other approval applied for or held by him pursuant to any provision of this Code, or to any administrative decision made by any official of the city, if the denial, conditional approval, suspension or revocation of such permit, license or approval or the determination of such administrative decision involves the exercise of administrative discretion or
personal judgment exercised pursuant to any provision of this Code, may appeal in writing to the council by filing with the city clerk a written notice of such appeal. (b) No appeal may be taken to any such administrative decision made by an official of the city pursuant to any provision of this Code unless such decision has been first taken up with the department head concerned and with the city manager, and each such official has not adjusted the matter to the appellant's satisfaction. (c) No right of appeal to the council from any administrative decision made by an official of the city pursuant to any provision of this Code shall exist when such decision is ministerial and thus does not involve the exercise of administrative discretion or personal judgment, whether the administrative decision involves the denial, conditional approval, suspension or revocation of a permit, license approval or any other administrative decision. There shall be no such right of appeal with regard to law enforcement activities involving state law. (Ord. -Ne. 89-4, § 1(2.04.100), passed 12-1-1989)
Sec. 2-2-9. Same-Notice of appeal.
(a) No notice of appeal to the council shall be acted upon unless filed within ten days after service of written notice of the determination appealed from; provided that, if such notice of determination has not been served in writing, the appellant may, within ten days after being apprised of such determination, demand service of written notice thereof, and shall have ten days following such service in which to file the notice of appeal.
(b)DJ The notice of appeal shall set forth:
(±~) The specific action appealed from;
(~g) The specific grounds of the appeal; i¼A4-and
(~fl The relief or action sought from the city council.
Jll. lf any notice of appeal fails to set forth any information required by this section, the city clerk shall return the notice to the appellant with a statement of deficiency and the appellant shall thereafter be allowed five days in which to correct and refile the notice of appeal.
(c) Except in those instances where an appeal is filed by the city manager or other public official pursuant to official duties, the written notice of appeal from the determination of an administrative official or from an administrative body of the city, as the case may be, shall be accompanied by such fee as may have been established by resolution of the city council.
(Ord. -Ne. 89-4, § 1(2.04.110), passed 12-1-1989)
Sec. 2-2-10. Same-Hearing date; notice of hearing.
Upon the timely filing of a notice of appeal to the council in proper form, the city clerk shall schedule the matter promptly for the next regular meeting of the city council and shall cause notice thereof to be given to the appellant not less than five days prior to such hearing, unless such notice is waived in writing by the appellant. The city clerk shall also cause a copy of the notice of appeal to be transmitted to the official or body whose decision has been appealed.
(Ord. -Ne. 89-4, § 1(2.04.120). passed 12-1-1989)
Sec. 2-2-11. Same-Conduct of hearing.
@l(a) The eity eeuneil !'Flay limit partieipatien at the hearing en an 3fJfJeal to the eouneil te these parties elireetly interested, er nia1; allow f)artieipation b•; the pL,ielie. Such publie partieipation, howe,;er, s"1all enl•r oecur 1Nhen the eo.incil eleeFRs the puelic participation neeessar,r to f1:Jrthcr the public inte rest. If a hearing is ordered 013en to µuelic 13artici13atlon, noticet"1ereef shall ee given by ,:iublishing notiee of tl=ie hearing in a newspaµer of general cireulation in the city not less than fi•,e Ela't''S prior te the elate ef 5uch hearing, anel ey sueh other FReans as the city council dcen,s neeessary. The City Council's consideration of an aopealed decision is de novo and the Council may take a,w action tl"lat might legally have been taken in the first instance. In addition to testimony and evidence presented at the appeal hearing , the Citv Council may consider information in the record of the hearing from which the aopeal is taken. The Citv Council mav continue its hearing on the matter from time to time to a certain date and mav refer the. matter to the previ ous decision-making autho ritv for additional inuut before the Council makes its final determi nation . .lhl(e}At the hearing before the cit•; couneil the apµellant shall lifflit his presentatien to the specific gro1:1nels set forth in l:iis notiee ef al')peal. Me shall, rnoreo•.·er, ha¥e the eurelen ef l')Fo..,1ing to the satisfaction of the eity co1:1neil that tl:ie decision appealeel frem sho1:1ld be altered, rei.rerseel of meelifieel. Ttw ce1:1neil FRay centin1:1e the n,atter froA'l time te time, and at th e eonelusien of its consideration rna'/ affirm, re•,cerse er modi pt the previous eleeision. It rna•,' also tal,e an•; action whieh rnight ha•~e been legally talEen in the first instanee ey the efficial er aeely frern whese aetion the aµpeal has been taken. In F1:Jling en the a13iieal, tl:ie finding and actien ef tRe ceuncil s"1all ae final anel concl.isi1•1e in the matter. As a hearing de novo. an appeal under this division completely takes the place of and nullifies the form e1· determination of the matter. To take anv action or issue anv approva l, the Ci I Council must act bv maiority vote . A tie vote by the Ci ty Council results in a denial. even if the former deter mination initially resulted in an approval. In ruli ng on the appeal. the finding and action of the Council shall be final and conclusive in the matter . (cl Notw ithstand ing the foregoi ng, noth ing in this section shall supersede. modlfv. or affect anv applicable zoning or land use apoeal procedure s set forth in Title 9 of this Code. (Ord. ~ 89-4, § 1(2.04.130), passed 12-1-1989)
Dii.«isieRChapter 3 COMMISSIONS, BOARDS AND COMMITTEES 2 Mitle SubchaQter 1. General Provisions,§§ 2-3-1-2-3-12
Ai=ti€leSubchaprer 2. Investment, Banking and Audit Committee, §§ 2-3- 13-2-3-20
Aftiae Subchapter 3. Military Support Committee,§§ 2-3-21-2-3-27 Aftiae Sllbchapter 4. Parks< .!fl4- Recreation and Senior Commission,§§ 2-3- 28-2-3-34
Aftiae Subchapter 5. Reserved, §§ 2-3-35-2-3-40
Aftiae Subchapter 6. Reserved,§§ 2-3-41-2-3-45
Aftiae Subchapter 7. Traffic and Transportation Commission, §§ 2-3-46-2- 3-52
! Affi€le Subchapter 8.
TITLE 2 - ADMINISTRATION AND PERSONNEL
Division 3 COMMISSIONS, BOARDS AND COMMITTEES
! Youth Committee , §§ 2-3-53-2-3-58
ARTICLfSubchapter 1. GENERAL PROVISIONS
Sec. 2-3-1. Establishment and applicability.
The city council may establish by ordinance or resolution such commissions, boards and committees as it deems necessary and determ ine the duties and responsibilities of such commissions, boards and committees . All of the provisions of this ~ subchapter are applicable to the commissions, boards and committees established by the city council, except that the city council may establish provisions applicable to a particular commission, board or committee that are different from those contained in this aftiae subchapter. In the event of a conflict between the general provisions contained in this ~ subchapter and the specific provisions contained in the anoth er araae subchapter of this diYisionchaprer, a separate section of this Code, or specific resoluti on applicable to a particular commission, board of committee , the provisions of that other ~ subchapter, section or resolution shall control.
(Ord. #e. 2019-198, § 3, passed 10-1-2019)
Sec. 2-3-2. Committees exempt from this division.
This d-MsieAchaoter does not pertain to ad hoc or standing committees of the city council established by the mayor or city council that consist exclusively of city council_members. (Ord. #e. 2019-198, § 3, passed 10-1-2019)
Sec. 2-3-3. Qualification of members, membership on multiple bodies, and preclusion on appointment of relatives of councilmembers.
(a) All members of commissions, boards and committees of the city shall, at all times during their incumbencies, be bona fide residents and registered voters of the city unless provided in a specific ~ subchaoter of this division 3 ef the Cede chapter .
(b) Generally, it is the policy of the city council that no person, except members of the city council if specifically auth orized in a specific ~ subchaocer in this di•.«isien 3 ef the Code tit le, shall be a mem ber of more than one commission, board or committee at any one time. However, it is recognized that the city council may, in extraordinary circumstances, appoint a person to two commissions, boards or committees at the same time.
The prohibition set out in this section does not prevent a member of a commission, board or committee from simultaneously serving on one or more ad hoc or temporary committees. (c) Relatives of a currently serving city council_member shall not be eligible for appointment to any city commission, board or committee. For purposes of this section, the term "re lati•,•es"RELA TIVES means spouse, parent, sibling (including foster or step), children (including adoptive, foster or step); in-laws, grandparent or grandchild, aunt or uncle, niece or nephew . In addition, the term "relafr.•es"RELATIVES also means all other legally related persons (e.g. grand -nephew, grand-niece, cousin or other relative) not listed in the preceding sentence, provided that a person in this latter group of relatives must live in the same household as the currently serving city council_member.
(Ord. llJ&.. 2019-198, § 3, passed 10-1-2019; Ord. llJ&.. 2022-213, § 2, passed 4-5-2022) Sec. 2-3-4. Procedures for appointment of members and for filling vacancies. (a) Scheduled vacancies. Members of commissions, boards and committees shall be appointed by the following procedure . The city clerk shall provide public notice, in the manner he or shethey deems appropriate, that the city council will be appointing members by considering applicants for membership and of the deadlines and timing for submittal of applications and selection of members. The city council shall, after public notice, receive and consider applications for membership, determine which applicants, if any, to interview, hold interviews with the selected applicants, and appoint members by a majority vote of membership of the city council. The city clerk shall retain all applicat ions submitted to the city for a period of two years. In addition to these procedures, the city clerk shall, on or before December 31 of each year prepare and submit to the city council for approval, a list of all regular and ongoing commissions, boards and committees of the city, which list shall be known as the city's local appointments list, as required by California Government Code ~ .2 54972, as such section may be amended from time to time. (b) Unscheduled vacancies. When a vacancy occurs in the membership of a commission, board or committee before the end of the incumbents term or office, that vacancy shall be considered unscheduled and shall be filled in compliance with the state law provisions governing the filling of those unscheduled vacancies, as provided in Californ ia Government Code Sectian _§_54970- through 54974, as those sections may be amended from time to time . In addition to following those procedures, such vacancies shall be filled by appointment for the unexpired portion of the term made in the manner as set forth in section (a) of this ~ ivision (Al, or the city council may, by majority vote of its membersh ip and in lieu of utilizing the procedures set forth in slolesectiond1vis1on (a) above, appoint a person to fill a vacancy on a commission, board or committee whose name is on a list of applicants for membership on that commission, board or committee that had previously been developed pursuant to subsection (a)divisio11 (Al above. (Ord. llJ&.. 2019-198, § 3, passed 10-1-2019)
Sec. 2-3-5. Officers; staff.
Each commission, board or committee shall annually select a chairperson and a vice-chairperson. The city manager shall provide the necessary staff for clerical and technical assistance to all commissions, boards and committees.
(Ord. llJ&.. 2019-198, § 3, passed 10-1-2019)
Sec. 2-3-6. Term of office.
Each commission, board or committee member shall be appointed to either a one-year term or a two-year term . Terms of office shall run from January 1st through December 31st of the same year for a one-year term or from January 1st through December 31st of the succeeding year for a two-year term. If a member was appointed to a one-year term, then the city council may, prior to the end of that first one-year term, and without follow ing the formal appointment process for scheduled vacancies set forth in slolbsection (a) of section §.2-3-4ffi.l 9f-#l+s aft+ae, reappoint that member to a second one-year term. At the completion of any two-year term or the completion of the second of two one-year terms, a commission, board or committee member may be reappointed pursuant to the procedures set forth in Slolbsection (a) of section .§_2-3-4ffi.l, or the city council may, without utilizing the procedures set forth in subsection (a) of section _§__2-3-4ffi..), reappoint a member to a commission, board or committee by a majority of the membership of the city council.
(Ord. ~ 2019-198, § 3, passed 10-1-2019)
Sec. 2-3-7. Term limits.
(a) No person shall be appointed to hold office as a member of any one city commission or committee for more than three consecutive two-year terms, for more than six consecutive one-year terms, or for more than six consecutive years of a combination of two- and one-year terms. (b) After a person has served three consecutive two-year terms or six consecutive years on one commission or committee, that person may again be appointed to serve on that commission or committee after l=ie er sl=ie Aa£they have been off that commission or committee for at least two years. (c) If a person serves for at least one year of a two-year term, that person for purposes of this section shall be considered to have served a full two-year term.
(d) The term limits established by this section shall apply retroactively and, therefore, terms that were completed prior to the effect ive date of this section and terms that are in existence at the time of the effective date of this section shall count for purposes of applying the term limits established by this section. (e) This section does not apply to the investment, banking and audit committee, the military support committee or the youth committee .
(Ord. ~ 2019-198, § 3, passed 10-1-2019)
Sec. 2-3-8. Meetings; quorum.
Each commission, board or committee shall establish its own meeting schedule, including date, time and place of meetings. A quorum of the majority of all the members appointed shall be required for the transaction of any business. All meetings of each commission, board or committee shall be held in compliance with the Ralph M.
Brown Act (California Government Code§ 54950 et seq.).
(Ord. ~ 2019-198, § 3, passed 10-1-2019)
Sec. 2-3-9. Absence from meetings; when vacancy is created.
Should any commission, board or committee member be absent from three consecutive meetings of the commission, board or committee during l=iis er her their term, that member shall automatically vacate hl5-ef ffe-f'thelr position on the commission, board or committee . Such vacancy shall be filled in the same manner as any other unscheduled vacancy, unless the position remains vacant for the remaining term of the incumbent, in which case, it will thereafter be filled in the manner required for a scheduled vacancy. (Ord. ~ 2019-198, § 3, passed 10-1-2019)
Sec. 2-3-10. Compensation of members.
The compensation, if any, for members of all other commissions, boards and committees shall be set forth in the ~ subchaoter providing for the establishment and operation of each commission, board or committee.
Unless provided otherwise in the establishing resolution , no commission, board or committee member shall be compensated for attendance at more than two meetings in one month. (Ord. ~ 2019-198, § 3, passed 10-1-2019)
Sec. 2-3-11. Removal of members.
Members of commissions, boards and committees serve at the pleasure of the city council and any member of a commission, board or committee may be removed from membership on the commission, board or committee before the expiration of his er l:lertheir term with or without cause or reason by a four-fifths vote of all of the members of the city council. If a member is to be removed with cause, the city council member initiating such removal shall provide the commission, board or committee member with a brief statement of the reasons for proposed removal, and the city council shall provide the member reasonable notice and an opportunity to respond to those reasons at or before the city council meeting at which the removal action is proposed to be taken. (Ord. -Ne. 2019-198, § 3, passed 10-1-2019)
Sec. 2-3-12. Brown Act applies to commissions, boards and committees.
The Ralph M. Brown Act (California Government Code ~ _§_54950 et seq.) applies to the operation of all commissions, boards and committees that are covered by this ~ chaptef. Any meeting of a commission, board or committee shall comply with the notice, agenda, public access, public communication and all other provisions of that law unless otherwise stated by that law. (Ord. -Ne. 2019-198, § 3, passecl 10-1-2019)
ARTIUE Subchapter 2. INVESTMENT, BANKING AND AUDIT COMMITTEE Sec. 2-3-13. Establishment, membership and appointment. (a) The investment, banking and audit committee is hereby established . (b) The investment, banking and audit committee shall consist of seven members, five of whom shall be residents appointed by the city council, and two of whom shall be members of the city council. (c) The five resident members shall each be appointed by the city council in accordance with the procedures established for appointing members of the city's commissions, boards and committees . (d) The two city council members of the committee shall be elected by a majority vote of the full city council. (e) Alternate members: The city council may appoint up to two alternate members to the committee. Alternate members shall be residents of the city and shall be appointed by the city council in accordance with the procedures established for appointing members of the city 's commissions, boards and committees.
Alternates may fully participate in committee discussions, but shall not have the right to vote unless designated by the chairperson to replace an absent member of the committee. Alternates are required to attend committee meetings and will be deemed to have vacated ~ heir position if absent from three consecutive committee meetings.
(Ord. -Ne. 2019-198, § 3, passed 10-1-2019)
Sec. 2-3-14. Qualifications for membership.
The resident and alternate members of the committee shall have substantial education and experience in one or more of the following areas:
(a) Investment banking,~
(b) Investment brokerage and salesT;_
(c) Investment managementT;_
(d) Financial management and planningT;_
(e) Commercial bankingT;_
(fl Governmental entity or private sector financial auditingT;_ (g) Governmental entity or private sector accounting,: and (h) Other relevant experience.
(Ord. Ne,. 2019-198, § 3, passed 10-1-2019)
Sec. 2-3-15. Term of membership.
(a) The term of office for the resident members of the committee shall be for a period of two years, unless the city council, at the time of the appointment, expressly makes the appointment to a term of one year. The two-year term shall run from January 1 of a particular year to December 31 of the following year. The one year term shall run from January 1 of a particular year to December 31 of that same year. The city council shall appoint the resident members of the committee for a particular term during the November and December of the preceding year. In the event that there is a delay in the appointment of the resident members of the committee for a particular term, then the resident members appointed for the preceding term shall remain in office until the city council appoints their successors. (b) The terms of office for the resident members of the committee shall be staggered, to the extent feasible, such that the terms of no more than three resident members terminate at the same time . (c) The term of office for alternate members of the committee shall be one year. (Ord. Ne,. 2019-198, § 3, passed 10-1-2019)
Sec. 2-3-16. Duties of the committee.
(a) The duties and responsibilities of the investment, banking and audit committee shall consist of the following :
(1) Annually review the city's investment policy and recommend revisions, as necessary, to the city councilT;_
(2) Periodically review the city's investment portfolio and the city's investment practices to insure conformance with the city's investment policy,;_
(3) Periodically review the city's investment portfolio to insure that the city's investments are diversifiedT;_ (4) Monitor city staff's practices regarding the handling of the investment portfolio and the making of investments to insure that the internal control and safeguards established by the city's investment policy are being followed,;_
(5) Advise city staff regarding potential investments and potential investment strategiesT;_ (6) Develop and recommend policies to guide the city's banking relationshipsT;_ (7) Monitor the city's banking relationships and advise city staff of potential issues and concernsT;_
(8) Review the draft request for proposals ("RFP") and proposed selection criteria for auditing services with staff before presentation to the full city council and distribution of the RFP to qualified auditing firms,~
(9) Review the draft annual financial report with staff and auditors before presentation to the full city councik
(10) Review the management letter and internal control comments and recommendations with staff and auditors before presentation to the full city council,~ (11) Following the end of year audit and CAFR preparation, chairperson shall make presentation to the city council regarding investment, banking and audit related mattersi (12) Review current contracts and/or city vendors for compliance with the Laguna Niguel Municipal Code (LNMC) and the city's administrative policies and procedures, including spending limits, related to procurement and contracting,~
(13) Provide input into the city's current purchasing and contracting procedures with respect to the LNMC and the city's administrative policies and procedures, including spending limits, related to procurement and contracting ,~
(14) Inspect any discrepancies found in the current annual audit with respect to spending in accordance with all contracts and agreements and found to be outside the parameters of the city's administrative policies related to procurement and contracting ,: and
(15) Perform such other related duties that may be requested from time_-to_-time by the full city council. (b) The city manager and the finance director are responsible for the day-to-day management of the investment portfolio and the making of specific investments. The committee shall not make or direct city staff to make any particular investment, purchase any particular investment products, or do business with any particular investment companies, brokers or banks.
(Ord. -Ne. 2019-198, § 3, passed 10-1-2019)
Sec. 2-3-17. Time and place of meetings.
The investment, banking and audit committee shall determ ine when and how frequently to meet. All meetings of the committee shall be held at the City of Lag~na ~lig~el City Hall. (Ord. -Ne. 2019-198, § 3, passed 10-1-2019)
Sec. 2-3-18. Officers.
The committee shall, annually at its first meeting of each calendar year, select one of its members to serve as chairperson of the committee and a second member to serve as vice chairperson of the committee . • (Ord. -Ne. 2019-198, § 3, passed 10-1-2019)
Sec. 2-3-19. Staff assistance.
The city manager and the finance director shall provide the necessary staff for the investment, banking and audit committee .
(Ord. -Ne. 2019-198, § 3, passed 10-1-2019)
Sec. 2-3-20. Compensation.
The investment, banking and audit committee members shall be compensated at the rate of $50.00 per meeting of the committee that they attend. This does not apply to members of the committee that are members of the city council. Alternate members shall be compensated at the rate of $25.00 per meeting of the committee that they attend .
(Ord. -Ne-: 2019-198, § 3, passed 10-1-2019)
ARTICLESubchapter 3. MILITARY SUPPORT COMMITTEE
Sec. 2-3-21. Establishment, membership and appointment. (a) The military support committee is hereby established. (b) The military support committee shall consist of not less than ten nor more than 20 members. Two members of the city council shall serve on the committee in a non-voting and advisory role as liaisons between the city council and the committee and shall be appointed by majority vote of the city council. (c) The remaining members of the committee shall be at-large members appointed by the city council as deemed appropriate, and may include representatives from local service clubs, charities, civic organizations, veteran's organizations, as well as interested Laguna Niguel residents, local veterans, business owners and individuals residing outside of the City of Laguna Niguel. (d) The city council may appoint up to five at-large members nominated by specific charitable, service or civic organizations which by virtue of their significant and ongoing presence within the city are expected to make a substantial contribution to the mission of the Laguna Niguel Military Support Committee . Such at-large mef1Jbers shall be considered the liaisons to the specified organizations and shall serve at the discretion of the organization. The city council may grant or revoke the right for an organization to appoint an at-large member at any time.
(e) The committee shall hold an annual organizational meeting and each at-large member who is appointed for a term of one year shall serve from their date of appointment until the committee's next annual organizational meeting and each at-large member who is appointed to serve a term of two years shall serve from the date of their appointment until the annual organizational meeting held in two years. (f) Within 90 days of the effective date of the ordinance that added this suasectian (e)division (F), or as soon thereafter as the committee deems appropriate, the members of the committee shall select a chair and a vice chair of the committee from the appointed and voting members of the committee . The selected chair and vice-chair shall serve until the committee's next annual organizational meeting at which time the committee may select the same or different members to serve as chair and vice-chair. At each annual organizational meeting thereafter, the members of the committee shall make its annual selection of a chair and a vice chair of the committee from the appointed and voting members of the committee. The committee may select a chair and vice-chair to serve successive one-year terms in those positions. City Council members appointed as liaisons to the committee shall not be eligible to be selected as a chair or vice-chair of the committee.
(g) The city council when making the annual appointments of the at-large members of the committee shall as to each member appointed designate whether that member shall serve for a term of one year or a term of two years. Each year, the city council shall appoint enough at-large members to insure that with the members who had been appointed the previous year for a two-year term there are at least ten members of the committee and no more than 20 members of the committee .
(h) The city council has the sole authority to remove any member of the committee before the expiration of their term and may do so with or without cause or with or without a reason. (Ord. Ne-: 2019-198, § 3, passed 10-1-2019; Ord. Ne-: 2020-203, § 2, passed 2-18-2020; Ord. Ne-: 2022-212, § 2, passed 4-19-2022; Ord. -Ne-: 2023-221, § 2, passed 4-18-2023) Sec. 2-3-22. Ex officio members.
The following ex officio members shall serve on the committee in a non-voting advisory role :
(a) A liaison appointed by the commanding officer of each of the city council's selected adoptive military unitss~
(b) A representative appointed from spouse/family support groups of each of the city council's selected adoptive military units,: and
(c) One or more representatives from the Laguna Niguel Military Support Foundation. (Ord. Ne-: 2019-198, § 3, passed 10-1-2019; Ord. Ne,. 2022-212, § 3, passed 4-19-2022) Sec. 2-3-23. Duties of the committee.
The duties and responsibilities of the military support committee shall consist of the following:
(a) Maintain continuous communication and contact between the city and representatives of the city council's selected adoptive military units"~
(b) Determine the support needs of the personnel and families of the city council's selected adoptive military unitss~
(c) Plan, organize and conduct programs and special events to support the personnel and families of the city council's selected adoptive military units,~
(d) Represent the city at ceremonial and social events, upon the invitation of the commanding officer (or ~ their representative) of the city council's selected adoptive military units"~ (e) Solicit and raise private funds and donations to support the Laguna Niguel Military Support Foundation 's mission to support the city's adoptive relationship, programs and special events with the city council's selected adoptive military units,~
(f) Provide periodic updates to the city council on its activitiesa: and (g) Such other duties and responsibilities as may be assigned by the city council. (Ord. Ne-: 2019-198, § 3, passed 10-1-2019; Ord. Ne-: 2022-212, § 4, passed 4-19-2022) Sec. 2-3-24. Ad hoc committees.
The committee may establish such ad hoc committees, including ex officio members, as it deems necessary to carry out the duties and responsibilities of the committee. (Ord. Ne,. 2019-198, § 3, passed 10-1-2019)
Sec. 2-3-25. Time and place of meetings; quorum.
The military support committee shall determine when and how frequently to meet. The committee shall meet at least once annually for the purposes of appointing and organizing its members and establishing such ad hoc committees that it deems necessary or appropriate. All meetings of the committee shall be held at the ~ Laguna Niguel City Hall. A meeting may be called and scheduled by the chair or by a majority of the members of the committee. A quorum shall consist of seven voting committee members being present at the meeting. (Ord. #e-, 2019-198, § 3, passed 10-1-2019; Ord. Ne. 2023-221, § 3, passed 4-18-2023) Sec. 2-3-26. Accounting and approval of expenditures.
It is anticipated that the city will continue to budget on an annual basis funds to support activities of the military support committee with the primary source of funding expected to come from the Laguna Niguel Military Support Foundation and various fundraising events. The finance director shall establish such funds and accounts that ~ they deems necessary to properly account for contributed city funds and private contributions/donations . The finance director is authorized to disburse funds only upon the written request of the chair and written approval of the city manager.
(Ord. f>J.e., 2019-198, § 3, passed 10-1-2019; Ord. f>J.e., 2023-221, § 4, passed 4-18-2023) Sec. 2-3-27. Staff assistance.
The city manager, the finance director and the executive secretary shall provide the necessary staff for the military support committee.
(Ord. #e-, 2019-198, § 3, passed 10-1-2019)
ARTIQE Subchapter 4. PARKS, RECREATION AND SENIOR COMMISSION Sec. 2-3-28. Establishment, membership and appointment. (a) The parks, recreation, and senior commission is hereby established. (b) The parks, recreation, and senior commission shall consist of seven residents of Laguna ~liguelthe cItv each appointed by the city council in accordance with the procedures for appointing members to City of Laguna Niguel commissions, committees and boards in aracle 1 of this division of the Laguna ~Jiguel M unici~al Cose Title 2. Chaoter 3, Subchaoter 1. The mayor may appoint a member of the city council to act as a liaison between the city council and the commission.
(Ord. #e-, 2019-198, § 3, passed 10-1-2019; Ord. Ne. 2025-234, § 2, passed 3-4-2025) Sec. 2-3-29. Term of membership.
The term of office of members of the parks, recreation, and senior commission shall be for a period of two years, unless the city council, at the time of the appointment, expressly makes the appointment for a term of one year. The two-year term shall run from January 1 of a particular year to December 31 of the following year. The one-year term shall run from January 1 of a particular year to December 31 of that same year. The city council shall appoint the members of the commission for a particular term in January, at the beginning of the term. In the event
that there is a delay in the appointment of the members of the commission for a particular term , then the members appointed for the preceding term shall remain in office until the city council appoints their successors.
The terms of office for the members of the commission shall be staggered, to the extent feasible, such that the terms of no more than four members terminate at the same time. (Ord. ~ 2019-198, § 3, passed 10-1-2019; Ord. ~ 2025-234, § 2, passed 3-4-2025) Sec. 2-3-30. Duties and responsibilities of the commission.
The duties and responsibilit ies of the parks, recreation, and senior commission shall consist of the following :
(a) Review and recommend to the city council plans for the development of parks which are prepared for the implementation of city parks and recreation programs.~ (b) Review and recommend to the city council plans for the development of recreation facilities, programs, and services in the city.~
(c) Establish working relationships with the South Coast YMCA and Capistrano Unified School District to maximize the coordination of programs and use of facilities.~ (d) Provide advice to the city council on the needs of the senior citizens of the community, both within the city and regionally. ~
(e) Promote the involvement of senior citizens in community affairs.~ (f) Provide input regarding a variety of programs for the benefit of senior citizens.~ (g) Act as a sounding board for individuals and organizations and city officials for ideas and plans which may affect senior citizens.~
(h) Attend programs and activities at the Sea Country Senior and Community Center and participate in a volunteer capacity as needed,. and
(i) Undertake such other duties as may be assigned by the city council. (Ord. ~ 2019-198, § 3, passed 10-1-2019; Ord. ~ 2025-234, § 2, passed 3-4-2025) Sec. 2-3-31. Time and place of meetings.
The parks, recreation, and senior commission shall meet regularly, at least once each month, at a time established by the commission at its formation meeting , and it shall hold such other meetings as it deems necessary. At least two meetings per calendar year of the commission must be held at the Sea Country Senior and Community Center during regular operating hours, with the remainder of the meetings being held in the Gty-ef Lag~ma Nig1:Jel City Hall.
(Ord. ~ 2019-198, § 3, passed 10-1-2019; Ord. ~ 2025-234, § 2, passed 3-4-2025) Sec. 2-3-32. Officers.
The commission shall, annually in January of each year, select one of its members to serve as the chairperson of the commission and one of its members to serve as vice chairperson of the commission. (Ord. ~ 2019-198, § 3, passed 10-1-2019)
Sec. 2-3-33. Staff assistance.
The city manager shall provide the necessary staff for the technical and clerical assistance of the commission . (Ord. N&.- 2019-198, § 3, passed 10-1-2019)
Sec. 2-3-34. Compensation.
Parks, recreation, and senior commission members shall be compensated at the rate of $25.00 for each meeting of the commission that they attend not to exceed two meetings in one month. (Ord. Ne,. 2019-198, § 3, oassed 10-1-2019; Ord. N&.- 2025-234, § 2, passed 3-4-2025) ARTiaE Subchapter 7. TRAFFIC AND TRANSPORTATION COMMISSION Sec. 2-3-46. Membership and appointment.
(a) The traffic and transportation commission is hereby established. (b) The traffic and transportation commission shall consist of five residents of lag1:1Aa Nig1:1elthe city each appointed by the city council in accordance with the procedures established for appointing members of city commissions, committees and boards, and committees established in art icle 1 ef tl=lis ai'>'isieA ef tf:1e lag1:1Aa Nigl:lel M1:1Aicipal CeaeTitle 2. Chaoter 3, Subchaoter l. The mayor may appoint a member of the city council to act as a liaison between the city council and the commission. (Ord. N&.- 2019-198, § 3, passed 10-1-2019)
Sec. 2-3-47. Term of membership.
1.fil. The term of office of members and alternate members of the traffic and transportation commission shall be for a period of two years, unless the city council, at the time of the appointment, expressly makes the appointment to a term of one year. The two-year term shall run from January 1 of a particular year to December 31 of the following year. The one-year term shall run from January 1 of a particular year to December 31 of that same year. The city council shall appoint the members of the commission for a particular term during the November and December immediately preceding the term. In the event that there is a delay in the appointment of the members of the commission for a particular term, then the members appointed for the preceding term shall remain in office until the city council appoints their successors.
1.fil. The terms of office for the members of the commission shall be staggered, to the extent feasible, such that the terms of no more than three members terminate at the same time. (Ord. N&.- 2019-198, § 3, passed 10-1-2019)
Sec. 2-3-48. Duties and responsibilities of the commission.
The duties and responsibilities of the traffic and transportation commission shall consist of the following:
(a) Act in an advisory capacity to the city council on all traffic matters relating to:
(1) Receiving complaints relating to traffic matters "~
(2) Surveying, reviewing and making recommendations relative to traffic conditions, improvement of traffic conditions, and the administration and enforcement of traffic regulations,~ (3) Surveying, reviewing and making recommending plans for improved parkin~.: and (4) Surveying, reviewing and recommending safety programs, campaigns, and activities to educate the public in traffic safety.
(b) Initiate and maintain a program of traffic safety programs and campaigns relative to the California Traffic Safety ProgramL provided for by Seetiens 2900 2910 of the California Vehicle Code § 2900 through 2911.
(c) Act as a body to receive complaints and recommendations concerning traffic matters. In this capacity, the commission shall act as a liaison to communicate information obtained from the general public and other local agencies to the city council,~
(d) The commission shall not duplicate planning commission duties relating to the review of tentative tract maps and other development plans,~
(e) Recommend to the planning commission and the city council provisions for the circulation element of the general plan of the city, and to otherwise implement said element after its adoption ,~ (f) Study and make recommendations to the city council on matters regarding public transportation ,< (g) Study and make recommendations to the city council on matters of traffic regulations, including traffic control devices, parking, and vehicle and pedestrian safety, except for those matters otherwise delegated by this Code to the traffic engineer. The traffic and transportation commission shall also have the authority and responsibility to study and make recommendations to the city council on the following specific matters:
(1) The designation of any intersection requiring a vehicle to come to a full stop or the installation or removal of any existing stop sign within the city;
(2) The installation of any traffic control sign within the city, except for traffic warning signs as provided in ~ _§_7-4-202; aAd
(3) The designation of overnight parking zones on certain streets or highways, or portions thereo f,< and
(4) The designation of specific street segments for time limited parking zones, including, but not limited to, time or day restrictions or one-hour, two-hour, or other time limitations. (h) Review and monitor existing traffic circulation improvement programs,L (i) After evaluation by the traffic engineer, review, evaluate, and make recommendations to the city council regarding requests for the installation of stop signs and signals and the creation of one-way streets,~
(j) Review and evaluate all traffic improvement and/or circulation proposals submitted to the city by state and local government entities ,L
(k) Review and evaluate current and anticipated on-street parking requirements and limitations ,; and (I) Undertake such other duties as may be assigned by the city council. (Ord. ~ 2019-198, § 3, passed 10-1-2019; Ord. ~ 2020-204, § 4, passed 3-3-2020)
Sec. 2-3-49. Time and place of meetings.
The traffic and transportat ion commission shall hold regular meetings on the fourth Wednesday of each month at 7:00 p.m. All meetings of the commission shall be held at the City sf Laguna Niguel City Hall. (Ord. N&.- 2019-198, § 3, passed 10-1-2019)
Sec. 2-3-50. Officers.
The commission shall, annually in January of each year, select one of its members to serve as the chairperson of the commission and one of its members to serve as vice chairperson of the commission. (Ord. N&.- 2019-198, § 3, passed 10-1-2019)
Sec. 2-3-51. Staff assistance.
The city manager shall provide the necessary staff for the technical and clerical assistance of the commission. (Ord. N&.- 2019-198, § 3, passed 10-1-2019)
Sec. 2-3-52. Compensation.
Traffic and transportation commission members shall be compensated at the rate of $25.00 for each meeting of the commission that they attend not to exceed two meetings in one month. (Ord. N&.- 2019-198, § 3, passed 10-1-2019)
ART!C!E S.Subchapter YOUTH COMMITTEE
Sec. 2-3-53. Establishment, membership and appointment. (a) The youth committee is hereby established.
(b) .L!)_The committee shall consist of up to 15 voting members who shall be high school students residing in Laguna Niguel the city. illSt udents atten ding both the public and private high schools that serve the community are eligible for membership.
(c) .Lll_City staff shall review the applications to insure that the minimum application requirements are satisfied. ffiThe two city council liaisons to the youth committee shall interview all applicants that meet the minimum qualifications and appoint up to 15 members for the committee. (d) The city council may appoint less than 15 members to the committee. (e) It is the intent of the city council that the committee shall consist of a broad range of members with varying and diverse interests and backgrounds.
(f) Applicants must have a grade point average of 2.25 or higher. (Ord. N&.- 2019-198, § 3, passed 10-1-2019)
Sec. 2-3-54. Term of membership.
(a) The term of office of members of the Lag1cJAa Nig1cJel Q1y_ Youth Committee shall be for a period of two years or until graduation from high school, whichever occurs first, unless the city council, at the time of the appointment, expressly makes the appointment to a term of one year. (b) For seniors, the term of office shall run from September 1 of the school year to June 30 of that school year.
For all others, the term shall run from September 1 of the school year appointed to June 30 of the following school year.
(c) The city council liaisons to the youth committee have the sole authority to remove any member of the committee before the expiration of their term and may do so with or without cause or with or without a reason.
(Ord. N&.- 2019-198, § 3, passed 10-1-2019)
Sec. 2-3-55. Duties of the committee.
The duties and responsibilities of the youth committee sl=!aUmay consist of the following:
(a) Maintain and update a Laguna Niguel Teen ~leb Site.webpage and/or social media:
(b) Maintain and update a youth community and volunteer service directory7~ (c) Maintain a youth employment directory as part of the Laguna Niguel Teen Web Sitewebpage-,~ (d) Develop or participate in an annual local youth job fair7~ (e) Annually review and recommend new teen recreation programs and events7~ (f) Plan one or two teen recreation programs each year7~ (g) Participate as volunteers at city sponsored events7~ (h) Work cooperatively with the Dana Point Youth Board on projects of mutual interest7~ (i) Hold annual joint meeting with the city councils~
(j) Hold annual joint meeting with the parks aAel recreatieA commissioAparks. recreation. and senior commi ssion to review and provide feedback on teen programs,~ (k) Each member shall participate in or attend at least one of the quarterly city sponsored special teen programs,; and
(I) Provide youth input on city projects and/or programs upon request of the city council. (Ord. N&.- 2019-198, § 3, passed 10-1-2019)
Sec. 2-3-56. Time, place and quorum for meetings.
(a) The youth committee shall meet monthly from September through June. (b) All meetings of the committee shall be held at the Cit•r ef Lag1cJAa Nig1cJel City Hall. (c) A quorum for the transaction of any business shall be five members of the committee . (Ord. N&.- 2019-198, § 3, passed 10-1-2019)
Sec. 2-3-57. Officers.
The committee shall, annually in October of each year, select one of its members to serve as chairperson of the committee and a second member to serve as vice chairperson of the committee. (Ord. -N&.- 2019-198, § 3, passed 10-1-2019)
Sec. 2-3-58. Staff assistance.
The recreation supervisor who is responsible for youth/teen programs shall provide the necessary staff for the committee , under the direction of the parks and recreation director . The recreation supervisor shall also provide assistance to the city council during the interview process. (Ord. -N&.- 2019-198, § 3, passed 10-1-2019)
Di11isionChapter 4 CITY MANAGER
Sec. 2-4-1. Office established; appointment.
The office of the city manager is created and established. The city manager shall be appointed by the city council on the basis of administrative and executive ability and such other qualifications as the city council may deem necessary for the orderly conduct of the city's business and affairs. The city manager shall hold office for and during the pleasure of the city council.
(Ord. -N&.- 90-18, § 1(2.08.010), passed 6-19-1990)
Sec. 2-4-2. Eligibility of councilmembers.
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. -N&.-90-18, § 1(2.08.020), passed 6-19-1990)
Sec. 2-4-3. Compensation.
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. -N&.- 90-18, § 1(2.08.030), passed 6-19-1990)
Sec. 2-4-4. Expense reimbursement.
The city manager shall be reimbursed for all actual and necessary expenses incurred by -t::.iffithem in the performance of hlsthe1r official duties, including those incurred when traveling on business pertaining to the city. (Ord. -N&.- 90-18, § 1(2.08.040), passed 6-19-1990)
Sec. 2-4-5. Acting city manager.
The assistant city manager shall serve as manager pro tempore during any temporary absence or disability of the city manager. In the absence of an assistant city manager, the city manager, by letter filed with the city clerk, shall designate a qualified city admin istrative officer to exercise the powers and perform the duties of manager during his temporary absence or disability. The city council may, in any case, appoint an acting city manager. (Ord. ~ 90-18, § 1(2.08.050), passed 6-19-1990)
Sec. 2-4-6. Powers and duties.
ffil 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 divisionchaoter . The city manager shall be responsible for the efficient administration of all affairs of the city which are under hlstheir control. .{_fil_ln addition to hlstheir general powers as administrative head, and not as a limitati on there on, * thev shall be expected to, and shall have the power to:
(1) 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; (2) Appoint, remove, promote and demote any and all officers and employees of the city except elected officers, the city attorney, and the city treasurer, subject to all applicable personnel rules and regulations which may be adopted by the city council;
(3) Pursuant to California Government Code§ 34856, the city council vests the power to appoint the city clerk in the city manager.
(4) Control, order and give directions to all department heads who are subject to hlstheir appointment and removal authority, and to subordinate officers and employees of the city under RtStheir jurisdiction through their department heads;
(5) Conduct studies and effect such organization and reorganization of offices, positions or units under l=,+stheir direction as may be indicated in the interest of efficient, effective and economical conduct of the city's business;
(6) Recommend the adoption of such measures and ordinances as hethey deems necessary and proper for the health, safety, welfare and well-being of the city; (7) Except when hlstheir removal is under consideration, attend all meetings of the city council unless excused therefrom by the mayor or the city council as a whole; (8) Prepare and submit the proposed ilfH'l-1:1,,+ budget and the proposed ilfH'l-1:1,,+ salary plan to the city council for its approval;
(9) Keep the city council at all times fully advised as to the financial condition and needs of the city; (10) Investigate the affairs of the city and any department or division thereof and any contract or other obligation of the city; investigate all complaints concerning the administration of the city government and the service maintained by public utilities in the city; (11) Exercise general supervision over all public buildings, public parks and all other public properties which are under the control and jurisdict ion of the city;
(12) Have the same authority as the mayor when authorized and directed by the city council to sign documents specified in § £10602 of the California Government Code § 40602 of the state whenever such documents have been approved by the city council for execution ; and
(13) Perform such other responsibilities and exercise such other powers as may be delegated to mmthem from time to time by ordinance or resolution or other official action of the city council. (Ord. -Ne. 90-18, § 1(2.08.060), passed 6-19-1990; Ord. -Ne. 2000-116, § 1. passed 1-2-2001) Sec. 2-4-7. Preclusion on the employment of relatives of councilmembers. (a) It is the purpose of this section to balance the goals of having an open employment recruitment practice where selection is based on the qualifications of each candidate with the intent of the city to avoid the appearance or favoritism or a conflict of interest in the employment or appointment of relatives of currently serving council_members.
(b) Notwithstanding the general power of the city manager to appoint, remove, promote and demote all officers and employees of the city, except the city attorney, as provided in se€tieff §_2-4-6f±l(filill , the city manager shall not employ or appoint any relative of a currently serving council_member. For purposes of this section, the term ''relati1, 1e"RELATIVE shall mean the spouse, parent, sibling (including foster or step), children (including adoptive, foster or step); in-laws, grandparent or grandchild, aunt or uncle, niece or nephew . In addition, "re latii,<e"RELATIVE also means any other legally related person (e.g. grand-nephew, grand-niece, cousin or other relative) not listed in the preceding sentence, provided that a person in this latter group of relatives must live in the same household as the currently serving city council_member. (Ord. -Ne. 2022-213, § 3, passed 4-5-2022)
Sec. 2-4-8. Relations with council.
The city council and its members shall deal with the administrative services of the city only through the city manager, except for t he purpose of inquiry, and neither the city council nor any member thereof shall give orders to any subordinates of the city manager. For purposes of this section, the term "iAquiry"INQUIRY means any and all communications short of giving orders, directions or instructions to any member of the administrative staff .
Such members shall provide all information reasonably requested by any council_member. The city manager shall take ~ their 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 manager shall be subject to review by 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. -Ne. 90-18, § 1(2.08.070), passed 6-19-1990; Ord. -Ne. 2022-213, § 3, oassed 4-5-2022) Sec. 2-4-9. Departmental cooperation.
It shall be the duty of all subordinate officers, the city attorney and the city clerk to assist the city manager in administering the affairs of the city efficiently, economically and harmoniously. (Ord. -Ne. 90-18, § 1(2.08.080), passed 6-19-1990; Ord. -Ne. 2022-213, § 3, 4-5-2022) Sec. 2-4-10. Attendance at meetings of commissions, boards and committees.
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 ~ their own volition or upon direction of the city council. At any such meeting which the city manager attends, ~ they shall be heard by such commission, board or committee
as to all matters upon which /:1-ethey w ishes to address the members there of. -HeThev shall inform such members as to the status of any matter being considered by the city council perta ining to that commission, board or committee, and /:1-ethey shall cooperate to the fullest extent with members of all commissions, boards or committees appointed by the city council.
(Ord. ~ 90-18, § 1(2.08.090), passed 6-19-1990; Ord. ~ 2022-213, § 3, passed 4-5-2022) Sec. 2-4-11. Removal.
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.
(Ord. ~ 90-18, § 1(2.08.100). passed 6-19-1990; Ord. ~ 2022-213, § 3, passed 4-5-2022) Sec. 2-4-12. Agreements for additional conditions of employment.
Nothing in this division 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 provision of this ~ hapter . (Ord. ~ 90-18, § 1(2.08.110), passed 6-19-1990; Ord. ~ 2022-213, § 3, passed 4-5-2022) Di11isioRChapter 5 CITY CLERK
Sec. 2-5-1. Authority for establishment of office.
The office of the city clerk is established pursuant to California Government Code§ 36501. (Ord. ~ 90-18, § 2(2.09.010), passed 6-19-1990)
Sec. 2-5-2. Compensation.
The city clerk shall receive such compensation and expense allowance as the city manager shall from time to time determine within the compensation limits established by the city council, and such compensation shall be a proper charge against such funds of the city as the city council shall designate. (Ord. ~ 90-18, § 2(2.09.020), passed 6-19-1990; Ord. ~ 2000-116, § 2, oassed 1-2-2001) Sec. 2-5-3. Functions.
(a) The city clerk shall have all the powers, duties and responsibilities granted to and imposed upon the office of the city clerk by the provisions of California Government Code ~ § ~ 0801 et seq., except as provided in this section, other general laws of the state, the provisions of this code and the ordinances and resolutions of the city council.
(b) The principal functions of the city clerk shall be to:
(1) Attend all meetings of the city council and be responsible for the recordation and maintenance of a record of all the actions of the council;
(2) Keep all ordinances and resolutions of the council in such a manner that the information contained therein will be readily accessible and open to the public. The city clerk shall attach to the original copy of each ordinance a certificate which shall state the date the ordinance was adopted and, as to an ordinance requiring publication, that the ordinance has been published or posted in accordance with law;
(3) Keep all records of the council and of the office of the city clerk in such a manner that the information contained therein will be readily accessible and open to the public until such time as any of the records may be destroyed, or reproduced and the original destroyed, in accordance with state law; (4) Serve as the official custodian of all city records; (5) Be the custodian of the seal of the city;
(6) Prepare agendas for city council meetings with and under the direction of the city manager; (7) Perform the duties prescribed by the Elections Code of the state in conducting municipal elections; (8) Perform the duties imposed upon city clerks by the ~ Call ornia Political Reform Act or 1974. being Callfornia Government Code § 81000 et seq.;
(9) Be responsible for the publication of all official advertising for the city; (10) Be responsible for the maintenance and distribution of the Municipal Code; (11) Process all claims filed against the city and its officers, agents or employees pursuant to California Government Code§ 900 et seq.; and
(12) Perform such other duties consistent with this Code as may be required of the city clerk by the city council or the city manager.
(Ord. Ne-: 90-18, § 2(2.09.030), passed 6-19-1990; Ord. Ne-: 2000-116, § 2, passed 1-2-2001) DivisionChapter 6 CITY TREASURER3
Sec. 2-6-1. Authority for establishment of office.
The office of the city treasurer is established pursuant to California Government Code'- § 36501. (Ord. -N&.- 90-18, § 3(2.10.010), passed 6-19-1990)
Sec. 2-6-2. Compensation.
The city treasurer shall receive such compensation and expense allowance 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 city council shall designate.
(Ord. -N&.- 90-18, § 3(2.10.020), passed 6-19-1990)
Sec. 2-6-3. Functions.
The city treasurer shall perform such duties as are prescribed by California Government Code §§ q lQ00 41001 through 41007 and by any other provisions of law applicable to deposit, investment and safekeeping of public funds of the city.
(Ord. -N&.- 90-18, § 3(2.10.030), passed 6-19-1990)
DitJisionChapter 6,¾! DIRECTOR OF FINANCE4
Sec. 2-6 . .S!-l, Authority for establishment of office.
The office of director of finance is established pursuant to California Government Code § 40805.5. The city manager is vested with the power to appoint the director of finance. (Ord. -N&.- 2000-116, § 3, passed 1-2-2001)
Sec. 2-6 . .S!-2, Compensation.
The city director of finance shall receive such compensation and expense allowance as the city manager shall from time to time determine within the compensation limits established by the city council, and such compensation shall be a proper charge against such funds of the city as the city council shall designate. (Ord. -N&.- 2000-116, § 3, passed 1-2-2001)
Sec. 2-6 . .S! -3, Functions.
The city director of finance shall perform such duties as are prescribed by California Government Code§§ 40802 through 40805, by other general laws of the state, the provisions of this Code, the ordinances, resolutions and directions of the city council, and as directed by the city manager. (Ord. -N&.- 2000-116, § 3, passed 1-2-2001)
Dh.'isionChapter 7 CITY ATTORNEY
Sec. 2-7-1. Office established; employment of additional attorneys. (a) The office of the city attorney is hereby established. It shall consist of the city attorney and such assistants as may be authorized by the council. The city attorney shall administer the office and be responsible for the diligent performance of its functions. -14eThey shall serve under the direct supervision and control of the council as its legal advisor.
(b) The council may retain or employ such other attorneys, assistants or special counsel as may be needed to undertake any litigation or special legal matters or to assist the city attorney therein.
(Ord. ~ 90-18, § 4(2.11.010). passed 6-19-1990)
Sec. 2-7-2. Compensation.
The city attorney shall receive such compensation and expense allowance 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 city council shall designate.
(Ord. ~ 90-18, § 4(2.11.020). passed 6-19-1990)
Sec. 2-7-3. Functions.
The functions of the office of the city attorney shall be to :
(-16) Advise the council and all city officers in all matters of law pertaining to their offices; (~!l.) Attend all meetings of the council, except when excused or disabled, and give advice or opinions on the legality of all matters under consideration. The city attorney may also be directed to attend meetings of city boards, committees or commissions and to provide similar legal services; (~~) Prepare or approve all ordinances, resolutions, agreements, contracts, bonds and other legal instruments as shall be required for the proper conduct of the business of the city; and (4_Q) Perform such other legal duties as may be required by the council or as may be necessary to complete the performance of the functions listed in this section. (Ord. ~ 90-18, § 4(2.11.030), passed 6-19-1990)
DiJJisionChapter 8 POLITICAL REFORM
Aff.itle.Subchagter 1. Reserved,§§ 2-8-1-2-8-10
AftieteSubchapter 2. Campaign Contribution Limitations,§§ 2-8-11-2-8-30 AffiE!eSubchaoter 3. Term Limits for Council Members , § 2-8-31 ARHCLf Subchapter 1. RESERVED5
Secs. 2-8-1-2-8-10. Reserved.
ARTJQf Subchapter 2. CAMPAIGN CONTRIBUTION LIMITATIONS
Sec. 2-8-11. Name.
This division shall be known and may be cited as the "Laguna Niguel Campaign Contribution Limitation Ordinance."
(Ord. ~ 94-71, § 1, passed 2-15- 1994)
Sec.2-8-12. Purpose.
The purpose of this ~ subchaoter is to ensure that the financial strength of individuals or organizations does not permit them to exercise a disproportionate or controlling influence on the election of members of the city council and the outcome of the vote on city ballot measures. To achieve this purpose this amae subchapter is designed to reduce the influence of large contributions, by limiting the size of contributions and requiring additional disclosure of contributions, in order to ensure that individuals and interest groups continue to have a fair and equal opportunity to participate in elections for city council and on city ballot measures, and to maintain public trust in governmental institutions and the electoral process. (Ord. ~ 94-71, § 1, passed 2-15- 1994)
Sec. 2-8-13. Relation to the Political Reform Act of 1974.
This amae subchaoter is intended to supplement the Political Reform Act of 1974. Unless a term is specifically defined in this ~ subchaoter or the contrary is stated or clearly appears from the context, words and phrases shall have the same meaning as when they are used in Title 9 of the California Government Code, Title
2.,. in which the Political Reform Act of 1974 is codified, as the same may be, from time to time, amended. (Ord. ~ 94-71, § 1, passed 2-15- 1994)
Sec. 2-8-14. Definitions.
For the ot1rpose of this chaptet. the following defini tion shall apph/ unless the contex t clearlv indicates Of reou1res a different meaning.
City candidate c rneaAs a~.ny person who is a candidate for member of the city council of the city, or who is a member of the city council that is subject to a recall election. (Ord. ~ 94-71, § 1, passed 2-15- 1994; Ord. No. 99-113, § 1, passed 11-16- 1999) Sec. 2-8-15. Contribution limitations.
(a) No person or committee shall make to any city candidate or his controlled committee, and no such candidate or lw..the1r controlled committee shall accept from any such person or committee, a contribution or contributions totaling more than $1,000.00 for any city council election at which the candidate is on the ballot or a write-in candidate.
(b) No person shall make to any city council member who is subject to a recall election or to a controlled committee of such a council member, and no such council member or committee shall accept from any such person, a contribution or contributions totaling more than $1,000.00 for the recall election. (c) The provisions of this section shall not apply to a candidate's contribution of lw..cheir personal funds to l=t+stheir own campaign committee, but shall apply to contributions from a spouse's separate property. (Ord. ~ 94-71, § 1, passed 2-15-1994; Ord. ~ 99-113, § 1. passed 11-16- 1999; Ord. ~ 2003-130, § 1, passed 6- 3-2003}
Sec. 2-8-16. Aggregation of contributions.
(a) All contributions made by a sponsored committee to a city candidate or to a city council member (or to a committee controlled by such a candidate or council member) shall be combined with those contributions made by the sponsor or sponsors of the committee, and the combined amount shall not exceed $1,000.00 for any city election.
(b) Two or more entities shall be treated as one person when any of the following circumstances apply.;.0 (1) The entities share the majority of members of their boards of directors . (2) The entities share two or more officers.
(3) The entities are owned or controlled by the same majority shareholder or shareholders. (4) The entities are in a parent-subsidiary relationship. (c) An individual and any general or limited partnership in which the individual has a ten ~ereent10% or more share, or an individual and any corporation in which the individual owns a controlling interest (SO~ ~ or more), shall be treated as one person.
(d) No committee which supports or opposes a candidate for city office shall have as a majority of its officers individuals who serve as the majority of officers on any other committee which supports or opposes the same candidate. No such committee shall act in concert with, or solicit or make contributions on behalf of, any other committee . Thi~ subeli'>'isiandivision ID) shall not apply to treasurers of committees if these treasurers do not participate in or control in any way a decision on whether the candidate or candidates receive contributions.
(e) Contributions by a husband and wife shall be treated as separate contributions and shall not be aggregated. (f) Contributions by children under 18 years of age shall be treated as contributions by their parents and attributed proportionally to each parent (one-half to each parent or the total to a single custodial parent). (Ord. -N-9-:- 94-71, § 1, oassed 2-15-1994; Ord. -N-9-:- 2003-130, § 1, passed 6-3-2003) Sec. 2-8-17. Non-city elections.
Contributions made to a council member or a city candidate or a controlled committee of such persons during an election for a city council seat are not subject to the contribution limitations contained in sectians _§_2-8- 15, if those contributions are made to such a person or controlled committee in connection with the person's candidacy for election to some office other than city council, the contributions are received and disbursed by a committee which is established solely for the purpose of supporting such candidacy, and the contributions are not used in support of the person's candidacy for election to the city council. (Ord. -N-9-:- 99-113, § 1, passed 11-16-1999)
Editor's note(s)-Ord. -N-9-:- 99-113, § 1, adopted ~la ... ember le, 11-16-1999, amended the Code by repealing former § 2-8-17, and adding a new§ 2-8-17 to read as herein set out. Former§ 2-8-17 pertained to election cycles, and derived from Ord. -N-9-:- 94-71, adopted l=ebruary 15, 2-15-1994.
Sec. 2-8-18. Prohibition on Multiple Campaign Committees.
A city candidate or a city council member shall have no more than one campaign committee which shall have only one bank account out of which all qualified campaign and office holder expenses related to election to the city
council shall be made. This section does not prevent a city candidate or a city council_member from establishing another campaign committee, and bank account for that committee, solely for the purpose of running for any elective office other than city council, or for opposing hlstheir recall. (Ord. ~ 94-71, § 1. passed 2-15-1994)
Sec. 2-8-19. Loans to city candidates and city councilmembers and their controlled committees.
(a) A loan shall be considered a contribution from the maker and the guarantor of the loan and shall be subject to the contribution limitations of this ~ subchapter.
(b) Every loan to a city candidate or city council member or their controlled committees shall be by written agreement which shall be filed with the campaign statement on which the loan is first reported . (c) The proceeds of a loan made to a city candidate or city council_member by a commercial lending institution in the regular course of business on the same terms available to members of the public shall not be subject to the contribution limitations of this ~ subchapter if the loan is made directly to the city candidate or city council member or his or her controlled committee. The guarantors of such a loan shall remain subject to the contribution limits of this i!ftiae subchaprer.
(d) Extensions of credit (othe r than loans pursuant to se€t+eRS 2-8~ 19{c)) for a period of more than 30 days are subject to the contribution limitations of this amae subchaptef. (e) This section shall apply only to loans and extensions of credit used or intended for use for campaign purposes or which are otherwise connected with the holding of public office. (Ord. ~ 94-71, § 1, passed 2-15-1994)
Sec. 2-8-20. Campaign contribution disclosure.
fat In addition to the requirements contained in the Political Reform Act, being California Government Code & 84100 et seq., city candidates and city council_members, their controlled committees, and any other committee that makes or receives contributions or makes independent expenditures in support of or in opposit ion to a city candidate or city measure shall comply with the following requirements. (-16) Any contribution or contributions which are received from a person that total $50.00 or more during the period covered by a campaign statement, which is required to be filed by Chapter 4 of the Political Reform Act, shall be reported, at the same times, in the same manner, and on the same forms as disclosure of campaign contributions and expenditures is required by Chapter 4 of the Political Reform Act. being Californ ia Government Code§§ 84100 through 84513. (~§_) No person shall make to any city candidates or city council_members, or their controlled committees , or to any other committee that makes or receives contributions or makes independent expenditures in support of or in opposition to a city candidate or city measure, an anonymous contribution or contributions that total more than $50.00 in a calendar year. Any anonymous contribution of more than $50.00 shall not be kept by the intended recipient , but instead shall be promptly paid to the city treasurer for deposit in the city general fund.
(Ord. ~ 94-71, § 1, passed 2-15-1994)
Sec. 2-8-21. Criminal misdemeanor actions.
Any person who willfully violates any provision of this ~ subchaoter is guilty of a misdemeanor. Any person who willfully causes or solicits any other person to violate any provision of this aft+€lesubchapter, or who aids and abets any other person in the violation of any provision of this affiE/esubchapter, shall be guilty of a misdemeanor .
(Ord. -N&.- 94-71, § 1, passed 2-15-1994)
Sec. 2-8-22. Applicability of other laws.
Nothing in this tlftiae subchaoter shall exempt any person from applicable provisions of any other laws of this jurisdiction or the State ef California.
(Ord. -N&.- 94-71, § 1, passed 2-15-1994)
Sec. 2-8-23. Interpretation of article.
This a-Hiaesubchaote r should be liberally construed to accomplish its purposes. (Ord. -N&.- 94-71, § 1, passed 2-15-1994)
Secs. 2-8-24-2-8-30. Reserved.
ARTlaf Subchapter 3. TERM LIMITS FOR COUNCIL MEMBERS
Sec. 2-8-31. Term limits for council members.
(a) No person shall hold office as a member of the city council if such person has served on the city council for two consecutive terms, unless he er shethey have, ffa5 subsequent to the completion of his er hertheir last term, been out of office as a member of the city council for at least two years. (b) If a person serves for at least two years of a term, that person for purposes of S1JbsectieA (a)divislon (Al shall be considered to have served a full four-year term.
(c) The term limits established by this section shall be applicable to all terms of office for members of the city council commencing with the terms for members of the city council elected at the November 5, 19967 city general municipal election . If it is determined that the term limits established by this section cannot legally be made applicable to the terms for the offices that are filled at said election, then they will still be effective as to all instances of the filling of the office of a member of the city council, whether it be by appointment or election, that occur after this section goes into effect . (Ord. -N&.- 96-94, § 1, passed 11-5-1996)
ARTtaf Subchapter 4. ELECTRONIC FILING OF CAMPAIGN DISCLOSURE
STATEMENTS AND STATEMENTS OF ECONOMIC INTERESTS
Sec. 2-8-35. Use of electronic filing system.
(a) Any elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 (coFA1:i:iencing 'Nith Section gq 1001 of Title 9 of tl:1e California Government Code. Title 9. Chapter 4 (commencing with§ 84100 ) shall file those statements, reports, or other documents online or electronically with the city clerk, unless exempt from the requirement to file online pursuant to California Government Code ~ _§_84615{-a} because the officer, candidate, or committee receives less than $2,000 in contributions and makes less than $2,000 in expenditures in a calendar year. (b) Any person holding a position listed in California Government Code ~ _§_87200 or designated in the city's local conflict of interest code adopted pursuant to California Government Code 5e€tleR _§_87300, shall file any required Statement of Economic Interest reports (Form 700) on line or electronically with the city clerk.
(Ord. fiffr. 2023-219, § 3, passed 4-4-2023)
Sec. 2-8-36. Filing options when a copy must be filed with city clerk.
In any instance in which an original statement, report, form or other document must be filed with the California Secretary of State and a copy of that statement, report or other document is required to be filed with the city clerk, the filer may, but is not required to, file the copy electronically. (Ord. fiffr. 2023-219, § 3, passed 4-4-2023)
Sec. 2-8-37. Paper filing not required after electronic filing.
Any elected officer, candidate, or committee or other person who has electronically filed a statement , report, form, or other document using the city clerk's online system is not required to file a copy of that document in a paper format with the city clerk.
(Ord. fiffr. 2023-219, § 3, passed 4-4-2023)
Sec. 2-8-38. Electronic confirmation.
The city clerk shall issue an electronic confirmation that notifies the filer that the statement, report, form or other document was received. The notification shall include the date and the time that the document was received and the method by which the filer may view and print the data received by the city clerk. The date of filing for a statement, report, form or other document filed on line shall be the day that it is received by the city clerk. (Ord. fiffr. 2023-219, § 3, passed 4-4-2023)
Sec. 2-8-39. Paper filing when cannot file electronically.
If the city clerk's electronic system is not capable of accepting a particular type of statement, report, form or other document, an elected officer, candidate, committee or other person shall timely file that document in paper format or other alternative format with the city clerk. (Ord. fiffr. 2023-219, § 3, passed 4-4-2023)
Sec. 2-8-40. Internet posting of data.
The city clerk shall ensure that the city's electronic system makes all the data filed available on the city's webpage in an easily understood format that provides the greatest public access. The data shall be made available free of charge and as soon as possible after receipt and within the time period set forth in California Government Code~ _§_84616. Providing a link on the city's internet website to the statement, report or other document satisfies this requirement. The data made available on the city's webpage shall not contain the street name and building number of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed by the filer. The city clerk's office shall also make a complete, unredacted copy of the statement, report, form or other document available to the Fair Political Practices Commission for California Government Code~ _§_87200 filers.
(Ord. -Ne,. 2023-219, § 3, passed 4-4-2023)
Sec. 2-8-41. Records retention.
The city clerk's office shall maintain, for a period of at least ten years commencing from the date filed, a secured, official version of each on line or electronic statement, report, form or other document which shall serve as the official version of that record.
(Ord. -Ne,. 2023-219, § 3, passed 4-4-2023)
Sec. 2-8-42. Administrative policies and procedures.
The city clerk is authorized to adopt such administrative policies and procedures as deemed necessary to implement this aft+€lesL1 bchapter.
(Ord. -Ne,. 2023-219, § 3, passed 4-4-2023)
DiitisieRChapter 9 BY-DISTRICT ELECTIONS
Sec. 2-9-1. By-district elections.
(a) Pursuant to California Government Code ~ _§_34886, members of the city council shall be elected by district in five single-member districts .
(1) Members of the city council shall be elected in the electoral districts established by subefr,<isi0Ad1v1sion (b) of t his seGtionbelow and subsequently reapportioned as provided by state law. Elections shall take place "by-district" as that term is defined in California Government Code 5e€tii=m§ 34871, meaning one council member shall be elected from each district by the voters of that district alone. (2) A council member elected or appointed to represent a district must reside in that district and be a registered voter in that district, and any candidate for city council must reside in, and be a registered voter in, the district in which he or shethey seeks election at the time nomination papers are issued. (3) Termination of residency in a district by a council member shall create a vacancy for that city council district unless a substitute residence within the district is immediately declared and established within 30 days after the termination of residency.
(4) Notwithstanding any other provision of this section, each council member in office at the time this section takes effect shall continue in office until the expiration of the term to which l=te er si:le '.'.'3Sthey were elected. In the event a vacancy occurs before the expiration of the term of a council member in office at the time this section takes effect, a person who is appointed or elected by special election to fill such vacancy may reside anywhere within the corporate boundaries of the city. A person appointed or elected to fill such a vacancy shall hold the office in accordance with state law. (b) All five council members shall be elected on a "by-district" basis from the council districts shown and numbered on the map titled 'City of Laguna Niguel District Map' attached as Exhibit A, a copy of which shall be on file in the city clerk's office. In 2024, and every four years thereafter, the following three city council districts shall be elected by-district: District 1; District 3; and District 5. In 2026, and every four years thereafter, the following two city council districts shall be elected by-district: District 2 and District 4. (c) Pursuant to California Elections Code ~ §_21601, as it may be amended from time to time, the city council shall adjust the boundaries of any or all of the districts following each decennial federal census to ensure that the districts are in compliance with all applicable provisions of law. (Ord. -N&.- 2023-226, § 2, passed 1-16-2024)
Election Sequencing
• 2024: Odd-numbered
districts
2026: Even-numbered
districts
2 ,.
s
ATTACHMENT C
Title 3 Updates: Revenue and Finance
~ Ch a Q te r 1.
~ ChaQter2.
~ Cha12ter 3.
Qi1,isieACha12ter 4.
QiyisieRCha12ter 5.
QiyjsieAChapter 6.
Qi1,•isieRCha12ter 7.
Laguna Niguel, California, Code of Ordinances
TITLE 3 REVENUE AND FINANCE
TITLE 3
REVENUE AND FINANCE1
General Provisions
Transfer of Tax Functions
Sales and Use Tax
Real Property Documentary Transfer Tax
Transient Occupancy Tax
Policies and Procedures for Purchasing of Supplies and
Equipment,
for Procuring Professional and Maintenance Services,
and for the Disposal of Surplus Property
Public Works Bidding Procedures
Diti«isioAChapter 1 GENERAL PROVISIONS
Sec. 3-1-1. Special gas tax street improvement fund.
(a) Established. To comply with the provisions of the California Streets and Highways Code § 2113 and to avail itself of its benefits pursuant to the California Streets and Highways Code§§ 2106 and 2107, there is hereby created in the city treasury a special fund, to be known as the special gas tax street improvement fund . (b) Deposit of funds. All moneys received by the city from the state underthe provisions of the California Streets and Highways Code for the research, planning, construction, improvement , maintenance and operation of public streets by the city, and their related public facilities for non::motorized traffic, including the mitigation of their environmental effects, the payment for property taken or damaged for such purposes, and the administrative costs necessarily incurred in such purposes, shall be paid into such fund . (c) Expenditure of funds. All moneys in the fund shall be expended exclusively for the purposes authorized by and subject to the provisions of the California Streets and Highways Code. (Ord. Ne..-89-7, §§ 1-3, 12assed 12-1-1989)
Cross refere ncets-}-~Highways, rights-of-way and vehicles,-ab see Title 7.
Sec. 3-1-2. Air quality improvement trust fund.
(a) Intent. The intent of this section is to establish a special fund to receive revenue distributed by the South Coast Air Quality Management District, the support the South Coast Air Quality Management District's imposition of the additional vehicle registration fee and to bring the city into compliance with the requirements set forth in the California Health and Safety Code§ 44243 in order to receive fee revenues for the purpose of implementing mobile source air pollution reduction programs.
(b) Definitions. For purposes of this sectiom, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Fee administrator : n:ieaRs ti he finance director of the city or the finance director's designee.
Mobile source air pollution reduction program s: means aAny program or project implemented by the city to reduce air pollution from motor vehicles pursuant to the California Clean Air Act of 1988, being Statues of 1988, Chapter 1568, California Health and Safety Code§ 39000 et seq., or the plan proposedL pursuant to the California Health and Safety Code § 40460 et seq.
(c) Administration .
(1) Receipt of fees. Vehicle registration fees due pursuant to this section, disbursed by the South Coast Air Quality Management District and remitted to the city, shall be accepted by the fee administrator . (2) Transfer of funds . Upon receipt of the city's share of the additional vehicle registration fees, the fee administrator shall deposit the fees into a separate account as specified in s1:1asectiendivision (c)(3) &f this sectien below .
(3) Establishment of trust fund. The fee administrator shall establish a separate interest-bearing air quality improvement fund trust account in a financial institution authorized to receive deposits of city funds.
Interest earned by the fees in this account shall be credited only to this account. (4) Use of funds. The fees deposited in and interest credited to the air quality improvement trust fund account shall only be used for the financing of mobile source air pollution reduction programs or projects.
(S) Audits. The city consents to providing the findings of an annual independent audit for mobile source air pollution reduction programs and projects financed by the additional motor vehicle registration fee.
The audit of those programs and projects shall be conducted in accordance with the procedure established to fulfill the audit requirement under Health and Safety CodeL § 44244.1. (6) Appeals. The city shall have the right to appeal the findings and determinations made as a result of the South Coast Air Quality Management District audit procedure through the public hearing process described in the California Health and Safety Code§ 44244.l(c). (Ord. N&.- 91-37, §§ 2-4, passed 6-18-1991)
Di¥isieRChapter 2 TRANSFER OF TAX FUNCTIONS
Sec. 3-2-1. Assessment and collection of city taxes by county.
Pursuant to and in compliance with California Government Code§ 51501, the assessment and tax collection duties which otherwise might be performed by a city assessor and tax collector are transferred to the assessor of the county and tax collector of the county, respectively . (Ord. N&.- 89-8, § 2(3.20.010), passed 12-12-1989)
Diti«isieRChapter 3 SALES AND USE TAX2
Sec. 3-3-1. Short title.
This ~ chapter shall be known as the : uniform Local Sales and Use Tax Ordinance: . {Ord. ~ 90-9, § 2(3.21.010), passed 1-16-1990)
Sec. 3-3-2. Rate.
The rate of sales and use tax imposed by this eli¥isionchapter shall be one percent1%. (Ord. ~ 90-9, § 2(3.21.020), passed 1-16-1990)
Sec. 3-3-3. Operative date.
This eli•,ision chapter shall be operative on December 1, 1989. (Ord. ~ 90-9, § 2(3.21.030), passed 1-16-1990)
Sec. 3-3-4. Purpose of division.
The city council hereby declares that this ~ chapter is adopted to achieve the following, among other, purposes, and directs that the provisions of this di•,isionchapter be interpreted in order to accomplish those purposes:
{-1-6) To adopt a sales and use tax ordinance which complies with the requirements and limitations contained in the California Revenue and Taxation Code§ 7200 et seq.~ (Jm To adopt a sales and use tax ordinance which incorporates provisions identical to those of the sales and use tax law of the state insofar as those provisions are not inconsistent with the requirements and limitations contained in the California Revenue and Taxation Code§ 7200 et seq.~ (3£;) To adopt a sales and use tax ordinance which imposes a tax and provides a measure therefor that can be administered and collected by the state eoarel of eeiualization California Department ofTax and Fee Administration in a manner that adapts itself as fully as practicable to and requires the least possible deviation from the existing statutory and administrative procedures followed by the state board of eGualization California Department of Tax and Fee Administration in administering and collecting the state sales and use taxes~: and
{4.Q) To adopt a sales and use tax ordinance which can be administered in a manner that will, to the degree possible consistent with the provisions of California Revenue and Taxation Code§ 7200 et seq., minimize the cost of collecting city sales and use taxes and at the same time minimize the burden of recordkeeping upon persons subject to taxation under the provisions of this eli¥isionchapter. (Ord. ~ 90-9, § 2(3.21.040), passed 1-16-1990)
Sec. 3-3-5. Contract with state.
Prior to the operative dateL the city shall contract with the state board of equalization California Deoartme nt of Tax and Fee Administration to perform all functions incident to the administration and operation of this di'>'isionchapter; provided that, if the city shall not have contracted with the state board of eq1:1ali2ation California Department of Tax and Fee Administrat ion prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a
contract rather than the first day of the first calendar quarter following the adoption of the ordinance from which this ai¥is+eAchapter is derived.
(Ord. ~ 90-9, § 2(3.21.050), passed 1-16-1990)
Sec. 3-3-6. Sales tax imposed.
For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the city at the rate stated in 5e€Heft§. 3-3-2 of the gross receipts of the retailer from the sale of all tangible personal property sold at retail in the city on and after the operative date of this efr~isionchapter. (Ord. ~ 90-9, § 2(3.21.060), passed 1-16-1990)
Sec. 3-3-7. Place of sale.
For the purposes of this ai~•isionchapter, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. If a retailer has no permanent place of business in the state or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the state boars of eq1,1alication California Department of Tax and Fee Administration .
(Ord. ~ 90-9, § 2(3.21.070), passed 1-16-1990)
Sec. 3-3-8. Use tax imposed.
An excise tax is hereby imposed on the storage, use or other consumption in the city of tangible personal property purchased from any retailer on and after the operative date for storage, use or other consumption in the city at the rate stated in 5e€Heft_i 3-3-2 of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax. regardless of the place to which delivery is made. (Ord. ~ 90-9, § 2(3.21.080), passedl-16- 1990)
Sec. 3-3-9. Adoption of state law-Generally.
Except as otherwise provided in this dAAsi&Achapter and except insofar as they are inconsistent with the provisions of California Revenue and Taxation Code§ 7200 et seq., all of the provisions of California Revenue and Taxation Code§ 6001 et seq., are hereby adopted and made a part of this ~ chapter as though fully set forth in this section.
(Ord. ~ 90-9, § 2(3.21.090), passed 1-16-1990)
Sec. 3-3-10. Same-Limitations on adoption.
In adopting the provisions of the California Revenue and Taxation Code § 6001 et seq., wherever the state is named or referred to as the taxing agency, the name of this city shall be substituted therefor. The substitution, however, shall not be made when the word "state" is used as part of the title of the state controller, the state treasurer, the state board of control, the state boars of eq1:1ali.:ation Callfornfa Department of Tax and Fee Administration , the state treasury or the state constitution; the substitution shall not be made when the result of
that substitution would require action to be taken by or against the city or any agency thereof rather than by or against the state board of equali2ation California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this diYisionchaoter ; the substitution shall not be made in those sections, including but not necessarily limited to sections referring to the exterior boundaries of the state, where the result of the substitution would be to provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remains subject to tax by the state under the provisions of California Revenue and Taxation Code § 6001 et seq., or to impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under such provisions of the California Revenue and Taxation Code; the substitution shall not be made in California Revenue and Taxation Code§§_ 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828; and the substitution shall not be made for the word "state" in the phrase "retailer engaged in business in this state" in California Revenue and Taxation Code § 6203 or in the definition of that phrase in California Revenue and Taxation Code§ 6203.
(Ord. #e-:- 90-9, § 2(3.21.100), passed 1-16-1990)
Sec. 3-3-11. Seller's permit.
If a seller's permit has been issued to a retailer under the California Revenue and Taxation CodeL § 6067, an additional seller's permit shall not be required by this di¥islonchapter . (Ord. No. 90-9, § 2(3.21.110), 1-16-90)
Sec. 3-3-12. Exclusions and exemptions.
(a) The amount subjeet to ta111:1nder this di..«ision shall not include any sales or use tax im1;1osed by tl=le state 1:11;1on a retai ler or eonsuFRer. There shall be excluded from the measure of the tra nsactions tax and the use tax the amount of anv sales tax or use tax imposed bv the State of California or by any city. city and countv . or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the. amount of any state administered transaction s or use tax.
(b) The sctorage, use or other eons1:1n=t1;1tion of tangible fJersonal fJFBf)erty, the gross reeeipts froFR the sale of 1,vhiel=l ha·,e aeen subject to tal< uneler a sales and use ta>< ordinance enaeteel in aecorelance witl=l Re¥enue anel Ta*ation Code § 7WQ et seq., ey an11 city anel/or county in this state shall ee e11empt froFR the ta~c elue uneler this eli1,ision .
(c~) There are exempted from the computation of the amount of the sales tax the gross receipts from the sale of tangible personal property to operators of aircraft to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this state, the United States or any foreign government. (a.£;} In addition to the exemptions provided in the California Revenue and Taxation Code§§ 6366 and 6366.1, the storage, use or other consumption of tangible personal property purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this state, the United States or any foreign government is exempted from the use tax. (Ord. #e-:-90-9, § 2(3.21.120), passed 1-16-1990)
Sec. 3-3-13. Amendments to state law.
All subsequent amendments of the California Revenue and Taxation Code§ 6001 et seq., which are not inconsistent with the California Revenue and Taxation Code§ 7200 et seq., shall automatically become part of this ~ chapter . This eiYisieRchapter also shall be deemed to adopt by reference the provisions of the California Revenue and Taxation Code §§ 7202- through 7203, inclusive, as now in effect or as later amended, which are required to be included in this ei>.•isieRchapter .
(Ord. #a. 90-9, § 2(3.21.130), passed 1-16-1990)
Sec. 3-3-14. Enjoining collection.
No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the state or the city, or against any officer of the state or the city, to prevent or enjoin the collection under this division, or California Revenue and Taxation CodeL §§_ 7200 et seq., of any tax or any amount of tax required to be collected .
(Ord. #a. 90-9, § 2(3.21.140), passed 1-16-1990)
Sec. 3-3-15. Penalty for violation of division.
Any person violating any of the provisions of this ~ chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $500.00 or by imprisonment for a period of not more than six months, or by both such fine and imprisonment. (Ord. #a. 90-9, § 2(3.21.150), passed 1-16-1990)
Sec. 3-3-16. Severability.
If any provision of this ei'disienchapter or the application thereof to any person or circumstance is held invalid, the remainder of the 8:+Y+SieA-chaoter and the application of such provision to other persons or circumstances shall not be affected thereby .
(Ord. #a. 90-9, § 2(3.21.160), passed 1-16-1990)
Sec. 3-3-17. Effective date of division.
This GAASiafichapter relates to taxes for the usual and current expenses of the city and shall take effect immediately.
(Ord. #a. 90-9, § 2(3.21.170), passed 1-16-1990)
DivisioRChapter 4 REAL PROPERTY DOCUMENTARY TRANSFER TAX Sec. 3-4-1. Short title; statutory authority.
This ~ chapter shall be known as the : Real Property Transfer Tax Ordinance: . It is adopted pursuant to the authority contained in California Revenue and Taxation Code § 11901 et seq. (Ord. ,N.e.,-89-8, § 3(3.22.010), passed 12-12-1989)
Sec. 3-4-2. Imposition; rate.
There is imposed on each deed, instrument or writing by which any lands, tenements or other realty sold within the city shall be granted, assigned, transferred or otherwise conveyed to or vested in the purchaser or any other person by his direction, when the consideration or value of the interest or property conveyed, exclusive of the value of any lien or encumbrances remaining thereon at the time of sale, exceeds $100.00, a tax at the rate of $0.27¼ and one-hal'f for each $500.00 of consideration or value or fractional part thereof . (Ord. Ne,. 89-8, § 3(3.22.020), passed 12-12-1989)
Sec. 3-4-3. Payment.
Any tax imposed pursuant to seeti-eA~ 3-4-2 shall be paid by any person who makes, signs or issues any document or instrument subject to the tax, or for whose use or benefit the document or instrument is made, signed or issued.
(Ord. Ne,. 89-8, § 3(3.22.030), passed 12-12-1989)
Sec. 3-4-4. Tax inapplicable to instruments in writing to secure debts.
Any tax imposed pursuant to this Elw+s-ieAchapter shall not apply to any instrument in writing given to secure a debt.
(Ord. Ne,. 89-8, § 3(3.22.040), passed 12-12-1989)
Sec. 3-4-5. Government and its agencies not liable for tax.
The United States or any agency or instrumentality thereof, any state or territory or political subdivision thereof , or the District of Columbia shall not be liable for any tax imposed pursuant to this ~ chapter with respect to any deed, instrument or writing to which it is a party, but the tax may be collected by assessment from any other party liable therefor.
(Ord. Ne,. 89-8, § 3(3.22.0S0), passed 12-12-1989)
Sec. 3-4-6. Tax inapplicable to conveyances to make effective plan of reorganization or adjustment.
{&Any tax imposed pursuant to this eii~·isionchapter shall not apply to the making, delivering or tiling of conveyances to make effective any plan of reorganization or adjustment:
(1) Confirmed under the federal Bankruptcy AQCode, being Title 11 U.S.C., as amended; (2) Approved in an equity receivership proceeding in a court involving a railroad corporation, as defined in title 11 of the United States Code, as amended;
(3) Approved in an equity receivership proceeding in a court involving a corporation as defined in title 11 of the United States Code, as amended; or
(4) Whereby a mere change in identity, form or place of organization is effected.
1.fil_Suesections (1) to (4)Divislons (A)(l) to /A)(4). inclusive, of this section :ibove shall apply only if the making, delivery or filing of instruments of transfer or conveyances occurs within five years from the date of such confirmation, approval or change.
(Ord. No. 89-8, § 3(3.22.060), 12-12-89)
See. ~ 4 7. TaM inapplieaele to eon• .. 1eyanees FRaee pursuant to order of Seeurities and EHe~ange CoFRFRission.
An•t' taic imposed pursuant to this di>.1ision shall not apply to the making er deli>Jery of cen\1e','ances to mal~e effectiYe any order of the Securities and E)!change Gommission, as defined in suedi•;ision a. of section 1Q83 ef the Internal Re¥enue Gode of 1954; eut onl•t' if:
(1) The order of the Securities and Exchange Con=imission In oeeelience to which s1:1cl=i cen\•e•,ance is n~ade recites that such con\•e•t'ance is necessary or appro13riate te effect1Jate the pro¥1sions ef section 79k ef title 15 of the blnited States Goele, relating to tl=le Pwelic bltility Holsing Con:113any Act of 1935. (2) Such order specifies the 13ro13erty whicl=i is orElered to ee con•,«e•reEI. (3) S1Jch con•.1eyance is n=iaee in oeedience to such oreler. (Orel. No. 89 8, § 3(3.22.070), 12 12 89)
Sec. 3-4-8. Partnerships.
(a) In the case of any realty held by a partnership, no levy shall be imposed pursuant to this Eli•,•isionchapter by reason of any transfer of an interest in a partnership or otherwise, if:
(1) Such partnership , or another partnership, is considered a continuing partnership within the meaning of section 708 of tl=ie Internal Re>Jenue Gaete of 19§4 I.R.C. § 708; and (2) Such continuing partnership continues to hold the realty concerned . (b) If there is a termination of any partnership within the meaning of section 708 of the Internal Re~•en1:1e CoEle ~ I.R.C. § 708, for purposes of this ~ chapter, such partnership shall be treate d as having executed an instrument whereby there was conveyed, for fair market value, exclusive of the value of any lien or encumbrances remaining thereon, all realty held by such partnership at the time of such termination. (c) Not more than one tax shall be imposed pursuant to this eAAS+8fiochap'ter by reason of a termination described in suesectiondivision (b) of tt:1is section ::ibove and any t ransfer pursuant theret o with respect to the realty held by such partnership at the time of the termination . (Ord. Ne-: 89·8, § 3(3.22.080). passed 12-12-1989)
Sec. 3-4-9. Administration of division.
The county recorder shall administer this ~ chapter in conformity with the provisions of California Revenue and Taxation Code § 11901 et seq., and the provisions of any county ordinance adopted pursuant thereto.
(Ord. Ne-: 89-8, § 3(3.22.090). passed 12-12-1989)
Sec. 3-4-10. Claims for refund.
Claims for refund of taxes imposed pursuant to this ~ chapter shall be governed by the provisions of California Revenue and Taxation Code§ 5096 et seq.
(Ord. -Ne-: 89-8, § 3(3.22.100), passed 12-12-1989)
Di,,isieAChapte r 5 TRANSIENT OCCUPANCY TAX3
Sec. 3-5-1. Short title.
This ~ chapter shall be known as the ~Uniform Transient Occupancy Tax~. (Ord. -Ne-: 89-8, § 4(3.25.010), passed 12-12-1989)
Sec. 3-5-2. Definitions.
The follo•NiAg wares, terFAs aAd 13hrases, when uses iA U:iis eti•,•ision, shall l:la•1e the FAeanings ascribeet to theFA iA this section, e'Mce13t ,,.,.here the contellt elearly ineticates a differeAt FReaAiAg: For the purpose of this chapter, the following definitions shall apply unless the conte><t clearlv indicates or requires a differe nt meaning.
Hotelc means a~ny structure or any portion of any structure which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes but is not limited to any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodginghouse, roominghouse, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof, duplex, triplex, single-family dwelling except any private dwelling house or other individually owned single-family dwelling rented only infrequently and incidental to normal occupancy or any timeshare as set out in California Revenue and Taxation Code § 7280; provided that the burden of establishing that the facility is not a hotel shall be on the owner or operator thereof.
Occupancyc FAeans ti he use or possession or the right to the use or possession of any room or portion thereof offered for rent for dwelling, lodging or sleeping purposes.
Operatorc FRean5 ti he person who is proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession or licensee, or any other capacity. Where the operator performs his functions through a managing agent of any type or character other than an employee, the managing agent also is an operator for the purposes of this diYisionchapter and has the same duties and liabilities as his principal.
Compliance with the provisions of this eli>.•isionchapter by either the principal or the managing agent is, however, considered to be compliance by both.
Personc means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee or syndicate, or any other group or combination acting as a unit.
Rent means the consideration charged, whether or not received, for the occupancy of space in a hotel valued in money, whether received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever.
Tax administrator means the city manager.
Transient means any person who occupies or is entitled to occupy space in a hotel by reason of concession, permit, right of access, license or other agreement for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel is a transient until the period of 30 days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. In determining whether a person is a transient, an uninterrupted period of time extending both prior and subsequent to the effective date of this division may be considered. (Ord. -Ne. 89-8, § 4(3.25.020), passed 12-12-89)
Cross referenceJ s+- Definitions generally, see § 1-1-18.
Sec. 3-5-3. Rate.
For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of eigRt percent 8% of the rent charged by the operator. This tax constitutes a debt owed by the transient to the city which is extinguished only by payment to the operator of the hotel at the time the rent is paid. The unpaid tax is due upon the transient's ceasing to occupy space in the hotel. If, for any reason, the tax due is not paid to the operator of the hotel, the tax administrator may require that such tax be paid directly to the tax administrator . (Ord. -Ne. 89-8, § 4(3.25.030), passed 12-12-89)
Sec. 3-5-4. Exemptions.
(a) No tax shall be imposed under this division upon:
(1) Any person as to whom, or any occupancy as to which, it is beyond the power of the city to impose the tax provided in this division.
(2) Any federal or state officer or employee when on official business. (3) Any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty.
(bl No exemption is granted except upon a claim therefor made at the time rent is collected and under penalty of perjury upon a form prescribed by the tax administrator. (Ord. -Ne. 89-8, § 4(3.25.040), passed 12-12-89)
Sec. 3-5-5. Operator's duties.
i&_Each operator shall collect the tax imposed by this division to the same extent and at the same time as the rent is collected from every transient.
IBL The amount of tax shall be separately stated from the amount of the rent charged, and each transient shall receive a receipt for payment from the operator .
W!Cl No operator of a hotel shall advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, if added, any part will be refunded except in the manner provided in this division. (Ord. #e. 89-8, § 4(3.25.050), passed 12-12-89)
Sec. 3-5-6. Registration of operators .
.{AL Within 30 days after commencing business, each operator of any hotel renting to transients must register the hotel with the tax administrator and obtain from him a transient occupancy registration certificate, to be posted at all times in a conspicuous place on the prem \ses. fAt (B) This certificate shall contain, among other things, the following :
(1) The name of the operator .
(2) The address of the hotel.
(3) The date upon which the certificate was issued.
(4) A statement reading substantially as follows: This Transient Occupancy Registration Certificate signifies that the person named on the face hereof has fulfilled the requirements of the Uniform Transient Occupancy Tax by registering with the tax administrator for the purpose of collecting from transients the Transient Occupancy Tax and remitting such tax to the tax administrator. This certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner nor to operate a hotel without strictly complying with all applicable laws, including but not limited to those requiring a permit from any board, commission, department or office of this city.
(Ord. ~ 89-8, § 4(3.25.060), passed 12-12-89)
Sec. 3-5-7. Reporting and remitting.
Each operator shall, on or before the last day or one month following the close of each calendar quarter, or at the close of any shorter reporting period which may be established by the tax administrator, make a return to the tax administrator, on forms provided by A+mt hem, of the total rents charged and received and the amount of tax collected for transient occupancies. At the time the return is filed, the full amount of the tax collected shall be remitted to the tax administrator . The tax administrator may establish shorter reporting periods for any certificate holder if he deems it necessary in order to ensure collection of the tax, and t:lethey may require further information in the return. Returns and payments are due immediately upon cessation of business for any reason.
All taxes collected by operators pursuant to this division are held in trust for the account of the city until payment thereof is made to the tax administrator.
(Ord. ~ 89-8, § 4(3.25.070), passed 12-12-89)
Sec. 3-5-8. Penalties and interest.
(a) Original delinquency. Any operator who fails to remit any tax imposed by this division within the time required shall pay a penalty of teA perceAt10% of the amount of the tax in addition to the amount of the tax. (b) Continued delinquency. For each subsequent 30-day period following the date on which an operator's remittance first becomes delinquent the operator shall pay a delinquency penalty of teA 13erceAtl0% of the amount of the tax in addition to the amount of the tax and the teA percent10% penalty first imposed, up to a maximum of so~ ~ -
(c) Fraud. If the tax administrator determines that the nonpayment of any remittance due under this division is due to fraud, a penalty of 25~ perceAt of the amount of the tax shall be added thereto in addition to the penalties stated in suesectieAsdivisions (a) and (b) ef U1is sectieA.:ibove.
(d) Interest. In addition to the penalties imposed, any operator who fails to remit any tax imposed by this division shall pay interest at the rate of 1%oRe ~erceRt per month or fraction thereof on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid. (e) Penalties merged with tax. Every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the tax required to be paid in this division. (Ord. -Ne. 89-8, § 4(3.25.080), passed 12-12-89)
Sec. 3-5-9. Failure to collect and report.
(a) If any operator fails or refuses to collect the tax and to make, within the time provided in this ~ chapter, any report and remitta nce of the tax or any portion there of required by this eli•~isioRchapter, the tax administrator shall proceed in such manner as l=lethey deems best to obtain facts and information on which to base f½+Stheir estimate of the tax due. As soon as the tax administrator procures such facts and information as Ae-+Sthey are able to obtain upon which to base the assessment of any tax imposed by this division and payable by any operator who has failed or refused to collect the tax and to make such report and remittance, l=lethev shall proceed to determine and assess against such operator the tax, interest and penalties provided for by this eMsieA chapter. In case such determination is made, the tax administrator shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the operator so assessed at 1=!-isthe ir last known place of business. Such operator may within ten days after the serving or mailing of such notice make application in writing to the tax administrator for a hearing on the amount assessed. If application by the operator for a hearing is not made within the time prescribed, the tax, interest and penalties, if any, determ ined by the tax administrator shall become final and conclusive and immediately due and payable. If such application is made, the tax administrator shall give not less than five days' written notice in the manner prescribed in this section to the operator to show cause at a time and place fixed in the notice why the amount specified therein should not be fixed for such tax, interest and penalties . At such hearing, the operator may appear and offer evidence why such specified tax, interest and penalties should not be so fixed. (b) After such hearing the tax administrator shall determine the proper tax to be remitted and thereafter give written notice to the person in the manner prescribed in this section of such determination and the amount of such tax, interest and penalties. The amount determined to be due shall be payable after 15 days unless an appeal is taken as provided in 5e€tieA .§ 3-5-10.
(Ord. NG., 89-8, § 4(3.25.090), passed 12-12-89)
Sec. 3-5-10. Appeals.
Any operator aggrieved by any decision of the tax administrator under this ~ chapter with respect to the amount of the tax, interest and penalties, if any, may appeal to the city council by filing a notice of appeal with the city clerk with in 15 days of the serving or mailing of the determination of tax due. The city council shall fix a time and place for hearing such appeal. and the city clerk shall give notice in writing to such operator at f½+Stheir last known place of business. The findings of the city council are final and conclusive and shall be served upon the appellant in the manner prescribed in seai-eA-.§ 3-5-9 for service of notice of hearing. Any amount found to be due is immediately due and payable upon the service of notice. (Ord. -Ne. 89-8, § 4(3.25.100), passed 12-12-89)
Sec. 3-5-11. Records.
It is the duty of every operator liable for the collection and payment to the city of any tax imposed by this division to keep and preserve, for a period of three years, all records as may be necessary to determine the amount of such tax as Aethey may have been liable for the collection of and payment to the city, which records the tax administrator shall have the right to inspect at all reasonable times. (Ord. -Ne-: 89-8, § 4(3.25.110), passed 12-12-89)
Sec. 3-5-12. Refunds.
(a) Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the city under thi!: eli1,1isionchapter it may be refunded as provided in s1:1eseetionsdivisions (b) and (c) ef this sectionbelow: provided a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the tax administrator within three years of the date of payment. The claim shall be on forms furnished by the tax administrator .
(b) An operator may claim a refund or take as credit against taxes collected and remitted the amount overpaid, paid more than once, or erroneously or illegally collected or received when it is established in a manner prescribed by the tax administrator that the person from whom the tax has been collected was not a transient; provided, however, that neither a refund nor a credit is allowed unless the amount of the tax so collected has either been refunded to the transient or credited to rent subsequently payable by the transient to the operator.
(c) A transient may obtain a refund of taxes overpaid or paid more than once or erroneously or illegally collected or received by the city by filing a claim in the manner provided in s1:1esectiondivision (a) e4hls ~ above, but only when the tax was paid by the transient directly to the tax administrator, or when the transient, having paid the tax to the operator, establishes to the satisfaction of the tax administrator that the transient has been unable to obtain a refund from the operator who collected the tax. (d) No refund shall be paid under the provisions of this sectionL unless the claimant establishes ftistheir right thereto by written records showing entitlement thereto. (Ord. -Ne-: 89-8, § 4(3.25.120), passed 12-12-89)
Sec. 3-5-13. Actions to collect.
Any tax required to be paid by any transient under the provisions of this ~ chapter shall be deemed a debt owed by the transient to the city. Any such tax collected by an operator which has not been paid to the city shall be deemed a debt owed by the operator to the city. Any person owing money to the city under the provisions of this ~ chapter is liable to an action brought in the name of the city for the recovery of such amount. (Ord. -Ne-: 89-8, § 4(3.25.130), passed 12-12-89)
Sec. 3-5-14. Violation of division.
Any operator or other person who fails or refuses to register as required in this eli\•isionchapter or to furnish any return required to be made, or who fails or refuses to furnish a supplemental return or other data required by the tax administrator, or who renders a false or fraudulent return or claim, is guilty of a misdemeanor. Any person required to make, render, sign or verify any report or claim who makes any false or fraudulent report or claim with
intent to defeat or evade the determination of any amount due required by this 1fa•isiaAchapter is guilty of a misdemeanor.
(Ord. -N&.- 89-8, § 4(3.25.140), passed 12-12-89)
DitJisionChapter 6 POLICIES AND PROCEDURES FOR PURCHASING OF SUPPLIES
AND EQUIPMENT,
FOR PROCURING PROFESSIONAL AND MAINTENANCE SERVICES,
AND FOR THE DISPOSAL OF SURPLUS PROPERTY
Sec. 3-6-1. Adoption of purchasing system.
In order to establish efficient procedures for the purchase of supplies, equipment and services, to secure supplies, equipment and services at the lowest possible cost commensurate with quality and quantity needed, to exercise positive financial control over purchases, to clearly define authority for the purchasing function through the use of purchase orders, contracts and other authorized procedures, the purchasing system set forth in this division is adopted for the city.
(Ord. -N&.- 95-83, § 1, passed 7-18-95; Ord. -N&.- 2001-120, § 1, passedl0-16-01; Ord. -N&.- 2019-196, § 1, passed 3-19- 19)
Sec. 3-6-2. Authority and responsibility.
(a) The authority and responsibility for the purchase of supplies and equipment; procurement of services; and disposition of surplus property is vested in the city manager. The city manager may designate a department director to serve as the purchasing officer and delegate to that person the duties and responsibilities imposed by this eli\•isianchapter on the purchasing officer. The director of each city department is responsible for administering and ensuring compliance with the purchasing policies for ~ their department.
(b) In addition to administering these policies and procedures, each department director L or ~ their designee, shall do each of the following:
(1) Before purchasing supplies and equipment, first consider sources of supplies and equipment located within the city. The city council has encouraged all residents and businesses located within the city to shop locally at businesses located within the city. In keeping with this policy, city staff shall make every attempt to purchase supplies and equipment from city businesses whenever practicable. The purchasing officer shall maintain a list of city vendors offering the types of supplies and equipment used by the city and shall circulate this list to all city departments. For purposes of bid comparison, bids submitted by local vendors shall be reduced by ane percentl% for that part of the purchase upon which the city will pay sales tax. The ane percent!% adjustment is afforded to local vendors to recognize the sales tax reimbursement to the city on such purchases. (2) Direct the inspection of supplies and equipment delivered to determine their conformance with specifications.
(3) Consider and encourage the purchase and use of recycled and recyclable materials and products, whenever practicable and as out lined in § 6-3-708.
(c) The term !!department directo rL!! as used in this ~ chapter means the person who is designated by the city manager as being responsible for each particular city department, including, but not limited to,
administration, community development, finance, public works, parks and recreation, city clerk, city attorney, and police services.
(d) City staff is specifically prohibited from engaging in any unlawful activity, including, but not limited to, receipt of rebates, kickbacks, or other unlawful consideration. City staff is specifically prohibited from participating in the selection process when those employees have a relationship with a person or firm seeking a contract which would subject those employees to the prohibitions of Californ ia Government Code § 87100 et seq. or California Government Code§ 1090.
(Ord. -Ne,. 95-83, § 1, passed 7-18-95; Ord. -Ne,. 2001-120, § 1, passed 10-16-01; Ord. NG: 2019-196, § 2, passed 3- 19-19)
Sec. 3-6-3. Determination of purchasing requirements and surplus. (a) The adopted budget for each department ~er each fiscal year shall include funding for the necessary supplies, equipment and services for that department during the fiscal year. (b) Each department directo r, or fH5fRE!f their designee, shall ensure that sufficient documentation is submitted with a request for purchase to demonstrate compliance with established policies and procedures and to justify the acquisition and acceptance supplies, equipment and services. (c) Each department director shall notify the city manager of all equipment on hand in the department that is no longer useful to the department. The city manager may direct the transfer of such equipment to another city department, or the trade -in, disposal or donation of such equipment in accordance with the procedures set forth in this di¥isionchapter.
(Ord. -N&.- 95-83, § 1, passed 7-18-95; Ord. -N&.- 2001-120, § 1, passed 10-16-01; Ord. -N&.- 2019-196, § 3, passed 3- 19-19)
Sec. 3-6-4. Purchasing limitations.
For the purchase of supplies and equipment, such purchases may be made by the city officers and employees designated in this section subject to compliance with the procedures and limitations contained in this section. All purchases over $3,000.00 require a purchase order or contract, regardless of whether paid by a credit card.
Purchases of supplies and equipment that include a service component, such as installation or maintenance, require a contract when the service component cost equals or exceeds the purchase cost of the supplies and equipment.
(-l-6.) For purchases of $100.00 or less, petty cash or a credit card may be used and the applicable department director must approve the purchase. It is not required that bids be obtained for such purchases.
(~~) For purchases over $100.00 but less than $3,000.00, the applicable department director must approve the purchase. No purchase order nor contract is necessary, and it is not required that bids be obtained for such purchases.
(~S::) For all purchases, including credit card purchases, that are equal to or exceed $3,000.00 but are less than $10,000.00, the department director must approve and execute the purchase order, and contract if applicable, for the purchase. Before the purchase is made, the applicable department shall attempt to receive three verbal b+e5guotes from vendors and each of these ~ and the efforts to obtain them must be documented .
(4.Q) For purchases that are equal to or exceed $10,000.00, but are less than $50,000.00, the purchasing officer must approve and execute the purchase order , or contract if applicable, for the purchase.
Before the purchase is made, three written hle5guotes must be obtained from vendors and each of these ~ quotes must be documented.
(~I) For purchases of more thaA $50,000.00 or more. the city council must approve the purchase order and/or contract for the purchase. Prior to city couAcil approval, three writteA k:liss must be obtaiReS from prospecti 1, 1e 1, 1eAdors. Such awards shall be made to the lowest responsible bidde r. The city council may authorize that such purchase orders or contracts be executed by the city managerL or tl=le purd=iasiAg otticer their designee.
(Ord. N&.- 95-83, § 1, passed 7-18-95; Ord. N&.- 2001-120, § 1, passed 10-16-01; Ord. Ne,. 2019-196, § 4, passed 3- 19-19)
Sec. 3-6-5. Competitive bidding procedures.
(a) For purchases of supplies or equipment with a value of more than $3,000.00 but less than $10,000.00, the applicable department shall attempt to receive three verbal &iesquotes from vendors and each of these ~ and the efforts to obtain them must be documented . For purchases of supplies or equipment with a value of more than $10,000.00, three written &iesquotes must be obtained; and the applicable department shall solicit ~ by telephone or written request to prospective vendors. Further the purchase order, and contract if applicable, for such purchases shall be awarded to the lowest respoAsible e+eeer satisfact ory quote , consistent with the quality, quantity, and delivery requirements. The lowest respoAsible biddersatlsfactory quote shall be determined by such factors as reputation, ability, references, quality of supplies and equipment , and price.
(b) For the procurement of services with a value of more than $3,000.00 but less than $10,000.00, the applicable department shall attem pt to receive three verbal hle, guotes from vendors and each of these hle5guotes and the efforts to obtain them must be documented. For the procurement of services with a value more than $10,000.00, a request for proposal shall be prepared and submitted to prospective e+eeersproposers.
Contracts awarded for the performance of services in the above-listed areas shall be awarded on the basis of the demonstrated competence of the service providers, and on the service provider 's professional qualifications necessary for the satisfactory performance of the services required, and on the fairness and reasonableness of the cost of the services to the city, and shall not be awarded solely on the basis of cost. (Ord. N&.-95-83, § 1, passed 7-18-95; Ord. N&.- 2001-120, § 1, passed 10-16-01; Ord. N&.- 2019-196, § 5, passed 3- 19-19)
Sec. 3-6-6. Use of vendors selected by another agency or through cooperative purchasing agreements.
The purchasing officer may authorize the purchase of supplies, equipment, or services for which the city would normally follow its own bid procedures from a vendor who has been awarded by another public agency a contract for the purchase of the same supplies, equipment, or services if said agency utilized procedures substantially the same as those normally utilized by the city in awarding its contract to the vendor . The amount of said purchase shall be based upon the price bid in the other jurisdiction. The contract between the vendor and the City must have a contract terminat ion date eoual to or orior to the contract term ination date listed in the cooperative purchase agreement.
(Ord. N&.- 95-83, § 1, passed 7-18-95; Ord. N&.- 2001-120, § 1. passed 10-16-01; Ord. N&.- 2019-196, § 6, passed 3- 19-19)
Sec. 3-6-7. Exemption from bidding.
The bidding requirements set forth in this ~ chapte r may be waived, at the discretion of the city manager, when any of the following is applicable:
(-±8) The product is proprietary.
(-2-§.) After a reasonable attempt has been made to obtain bids, and it has been determined by the city manager that no additional vendors can be located .
(~~) The city manager finds that emergency conditions require the immediate purchase of supplies or equipment.
(4.Q) Sufficient, satisfactory bids are not received.
(~I) Supplies or equipment are procured through a cooperative purchasing program with the federal, state, county, or other public agencies.
(e.E) The product can be obtained from only one vendor (sole source). (+§) The purchase of a specific brand name, make or model is necessary to match existing city equipment or facilitate effective maintenance and support .
(&.t!) The bidding requirements of this division are waived by the city council. (I) Non-discretionarv Payments - Payments to utilitv providers and governmental agencies for routine obligations and expenditures essential to the City's ability to provide service to residents and that have been approved in fiscal year operating budgets. This shall also include contracts wit h vendors previously approved by the City Council. which would require significant advanced planning and complications/interrup tio ns in service delivery to change service oroviders, such as but not limited to banking services, softwar e license and other technology agreement renewal s, insurance providers. and healthcare providers . Such nondiscretionary payments/purchases do not require City Council approval, including those over the City Manager's purchasing limit. /J) The Citv Manager may waive the competitive proposals process for purchases under $50,000 if it is determined that reaui ring proposals would be inappropriate, yield no substantive benefi t, or render it impract ical to obtain the necessary goods or services. (Ord. N&.-95-83, § 1, passed 7-18-95; Ord. N&.- 2001-120, § 1, passed 10-16-01; Ord. N&.- 2019-196, § 7, passed 3- 19-19)
Sec. 3-6-8. Professional service contracts.
(a) Professional services are defined as services provided by any specially trained and experienced person or firm in the areas of accounting, administration, architecture, construction management, economics, environmental analysis, engineering, finance, landscape architecture, law, surveying, or other matters involving specialized expertise or licenses, or unique skills. (b) Contracts awarded for the performance of services in the above-listed areas shall be awarded on the basis of the demonstrated competence of the service providers, and on the service provider's professional qualifications necessary for the satisfactory performance of the services required, and on the fairness and reasonableness of the cost of the services to the city, and shall not be awarded solely on the basis of cost.
The competitive bidding requirements set forth in 5e€tieR _§_3-6-5 are applicable to the procurement of professional services.
(c) For contracts for which the estimated cost of services is less than $3,000.00, the department director may enter into and execute contracts or purchase orders procuring professional services. It is not required that bids be obtained for such services.
(d) For contracts for which the estimated cost of services is more than $3,000.00 but less than $10,000.0024,999.99, the applicable departm ent shall attem pt to receive three verbal -eiesouotes from vendors and each of these e+Elsguotes and the efforts to obtain them must be documented. The department director may enter into and execute contracts or purchase orders for procuring professional services when the cost of such services does not exceed $10,000.00.
(e) For contracts for which the estimated cost of services is more than $10,000.0025.000.00, a request for proposal shall be prepared and submitt ed to prospective ~ proposers and e+asproposals shall be obtained from prospective bidders and reviewed.
(f) The purchasing officer may enter into and execute contracts or purchase orders for procuring professional services when the cost of such services does not exceed $50,000.00. (g) City council approval is required for all contracts for professional services when the cost of the services is more than $50,000.00. The city council may authorize that such contracts be executed by the city manager or the purchasing officer.
(h) If the city council has approved an "on call" agreement for professional services, individual amendments to that agreement that provide for different scopes of work between the amendments, such as work on separate projects or for different types of professional services, and which do not exceed $50,000.00, may be approved by the city manager even if the cumulative amount of the amendments to the on-call agreement exceeds $50,000.00.
(i) Notwithstanding the above provisions of this section, all contracts for the performance of the annual audit of the city's financial statements shall be competitively b+&solicited by obtaining at least three proposals for providing the required services, evaluating the proposals pursuant to criteria set forth in suesectieAdivision (bl, and awarding the contract based on the best proposal. Further, the award of all such contracts regardless of cost shall be approved by the city council. (Ord. -Ne. 95-83, § 1, passed 7-18-95; Ord. -Ne. 2001-120, § 1, passed 10-16-01; Ord. -Ne. 2019-196, § 8, passed 3- 19-19)
Sec. 3-6-9. Maintenance contracts.
For the award of contracts for the maintenance and repair of city equipment and facilities, the following procedures shall be followed:
(-1.6) For contracts for which the estimated cost of services is less than $3,000.00, the department director may enter into and execute contracts or purchase orders procuring professional services. It is not required that bids be obtained for such services.
(~§_) For contracts for which the estimated cost of services is more than $3,000.00 but less than $10,000.00, the applicable department shall attempt to receive three verbal e+asquotes from vendors and each of these -eiesquotes and the efforts to obtain them must be documented. Such contracts shall be awarded based on the qualifications and experience of the contractor and the amount of the contract prices.
Such contracts may be awarded and executed by the department director for the provision of such services.
(~£:) For contracts for which the estimated cost of services is more than $10,000.00, a request for proposal shall be prepared and submitted to prospective ~ proposers, ~ proposals shall be obtained from prospective bidders and reviewed, and the contract shall be awarded based on the
responsiveness of the eiesproposals to the request for proposal, the qualifications and experience of the contractors and the amount of the price or prices included in the eiE!sproposal. (4.Ql Contracts in which the estimated cost of services is more than $10,000.00 and less than $50,000.00 may be awarded and executed by the city manager or the purchasing officer. (~fl Maintenance and repair contracts for which the cost of services is $50,000.00 or more shall be awarded by the city council, and the city council may authorize the city manager or the purchasing officer to execute such contracts.
{Ord. Ne-:-95-83, § 1, passed 7-18-95; Ord. Ne-:- 2001-120, § 1, passed 10-16-01; Ord. Ne-:-2019-196, § 9, passed 3- 19-19l
Sec. 3-6-10. Miscellaneous services.
(al Miscellaneous services are defined to include the services that are not professional services or maintenance and repair services as those terms are used in thi!: 1fa1isienchapter. For contracts for which the estimated cost of services is less than $3,000.00, the department director may enter into and execute contracts. It is not required that bids be obtained for such services.
(bl For contracts for which the estimated cost of services is more than $3,000.00 but less than $10,000.00, the applicable department shall attempt to receive three verbal elesguotes from vendors and each of these ~ quotes and the efforts to obtain them must be documented. Such contracts shall be awarded based on the qualifications and experience of the contractor and the amount of the contract prices. Such contracts may be awarded and executed by the department director who is responsible for the department for which the services are used.
(cl For contracts for which the estimated cost of services is more than $10,000.00, a request for proposal shall be prepared and submitted to prospective ~ proposers, elesproposals shall be obtained from prospective ~ oroposers and reviewed, and the contract shall be awarded based on the responsiveness of the bldsproposals to the request for proposal, the qualifications and experience of the contractors and the amount of the price or prices included in the eiesproposals. (dl Contracts in which the estimated cost is more than $10,000.00 and less than $50,000.00 may be awarded and executed by the city manager or the purchasing officer . (el Miscellaneous service contracts for which the cost of service is more than $50,000.00 shall be awarded by the city council and the city council may authorize the city manager or the purchasing officer to execute such contracts .
{Ord. ~ 95-83, § 1, ~ 7-18-95; Ord. ~ 2001-120, § 1, passed 10-16-01; Ord. ~ 2019-196, § 10, oassed 3- 19-19l
Sec. 3-6-11. Disposal of surplus or obsolete property.
(al The director of any city department may declare supplies or equipment held by such department surplus.
Such declaration shall be in writing and the written declaration shall be delivered to the purchasing officer who shall maintain a written inventory for circulation to and review by each department. If any department has use of such property, the department director may request reassignment of such property from the purchasing officer. The purchasing officer shall have the authority to assign the property to the department best able to make use of such property . If no department director makes a request for use of such property after the inventory has been circulated once, the property shall be deemed surplus. (bl The purchasing officer shall have the authority to exchange for or trade in on new supplies or equipment all supplies or equipment which have been deemed surplus.
(c) The purchasing officer shall have the authority to dispose of surplus property or equipment by auction or sale or otherwise after receiving bids or proposals which, in 1:i+stheir judgment, provide the best return to the city.
(1) Sale on the open market . The purchasing officer shall cause to be published at least three days before the sale, in a locally adjudicated newspaper, a notice of sale setting forth a general description of the property to be sold, and the day, time and location of the sale. The terms of all such sales shall be cash in the amount of the full purchase price.
(2) Sale by sealed bid or auction . As an alternative to the sale on the open market , the purchasing officer may, when in hlst heir judgment it is in the best interest of the city, sell surplus property by means of sealed bid or public auction.
In the case of sale by sealed bid or public auction, the purchasing officer shall cause to be published at least three days before the sale, in a locally adjudicated newspaper, a notice setting forth a general description of the property to be sold, and the day, time and location of the sale. The terms of all such sales shall be cash in the amount of the full purchase price.
In conducting an auction, the purchasing officer may contract with a professional auctioneer and allow a flat fee, hourly fee or percentage of the amount of the sale to be paid based upon that which is common and customary method and rate for such auctioneering services. (d) The purchasing officer may, when in l:i+sthelr judgment, sale or auction of surplus property is infeasible or will result in minimal return to the city, recommend to the city council that such surplus property be donated to any non-profit corporation or school located within or serving the city, or sold to city employees at fair market value. Such surplus property shall only be donated or sold upon approval of the city council. (Ord.#&.-2019-196, § 11, passed 3-19-19)
Sec. 3-6-12. Purchasing Cards
The city may provide purchasing cards to city staff to make purchases for official citv business. These purchases are subject to the terms and condlt ions of this policy. A purchasing card shall not be used to avoid the requiremen ts as listed in this policy or due to a lack of insurance and/or indemnificatio n language associated with such transactions.
Sec. 3-6-13. Blanket Purchase Orders
A blanket purchase order is issued to cover all amounts expected to be paid to the vendor for the fiscal year through the contract ter m, up to $49,999.99. Blanket purchase orders expire at the end of the fiscal year or as soon as the contract ends, whichever is sooner,
Sec. 3-6-14. Personal Financial Interests in City Contract (A) City Council members, city staff and direct family memb ers shall not have a financial interest in any contract made by them in their official capacitv (California Government Code §1090). l B) City Council members. city staff and direct familv member shall not participate in any way to influence a governmen tal decision in which they have a financial interest (California Governmen t Code, §87100!. fAt (C) The Political Reform Act (California Governm ent Code.§§ 81000 through 91014) requires designated city officials and emplovees to publicly disclose their personal assets and income using a Statement of Economic Interests form (Form 700).
TITLE 3 - REVENUE AND FINANCE
Division 7 PUBLIC WORKS BIDDING PROCEDURES
Di\•isieRChapter 7 PUBLIC WORKS BIDDING PROCEDURES4
Sec. 3-7-1. Informal and formal bidding limits and procedures.
The informal and formal bidding limits for "public projects", as defined in the Uniform Public Construction Cost Accounting Act, California Public Contract Code§ 220007 et seq., shall be as set forth in § 22032, as those limits may be amended from time to time.
ifil._ln accordance with the foregoing bidding limits and the current City Council Purchasing Policy, public works projects may be:
(+1) performed by city employees by force account, by negotiated contract, or by purchase order; (++J.) let to contract by informal bidding procedures set forth in this ~ chapte r; or (iliJ ) let to contract by formal bidding procedures set forth in this eli..,isieAchapter. (Ord. -Ne:- 2020-208, § 1, passed 8-18-20)
Sec. 3-7-2. Contractors list for informal bidding.
A list of contractors ~ may be developed and maintained in accordance with the provisions of California Public Contract Code§ 22034 and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.
(Ord. -Ne:- 2020-208, § 1, passed 8-18-20)
Sec. 3-7-3. Notice inviting informal bids.
(a) All contractors on the list, ~ developed in accordance with 5e€tleR §_3-7-2 for the category of work being bid, and all construction trade journals, as referenced in California Public Contract Code§ 22036, shall be mailed a notice inviting informal bids.
(b) Additional contractors and/or construction trade journals may be notified at the discretion of the department soliciting bids.
(c) If there is no list of qualified contractors maintained by the city for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified in California Public Contract Code § 22036.
(d) If the product or service is proprietary in nature such that it can be obtained only from a certain source or contractor(s), City procedures governing sole source procurements shall be followed, to the extent permitted bylaw.
(e) All mailing of notices to contractors and construction trade journals pursuant to this section shall be completed not less than ten calendar days before bids are due. 4Ord. No. 2020-208, § 1, adopted Aug. 18, 2020, repealed the former Div. 7, §§ 3-7-1-3-7-5, and enacted a new Div. 7 as set out herein. The former Div. 7 pertained to public works bidding procedures and derived from Ord. No. 2006-140, § 2, 1-3-06
(f) The notice inviting informal bids shall describe the project in general terms and how to obtain more detailed information about the project, and state the time and place for submission of bids. (g) If, following informal bidding, all bids received are in excess of the informal bid limit amounts specified in 5e€tiefi _§_3-7-1, the city council may, by adoption of a resolution by a four-fifths vote, award the contract, up to the higher amount set forth in California Public Contract Code§ 22034(d), as the same may be amended from time to time, to the lowest responsible bidder, if it determines the city's cost estimate was reasonable (Ord. ~ 2020-208, § 1, passed 8-18-20)
Sec. 3-7-4. Notice inviting formal bids.
The notice inviting formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project. The notice shall be published at least 14 calendar days before the date of opening the bids in a newspaper of general circulation, printed and published in the city; or, if there is no newspaper printed and published in the city, then in a newspaper of general circulation which is circulated within the city. If there is no such newspaper circulated in the city, then publication shall be by posting the notice in at least three places within the city as have been designated the posting of its notices. The notice inviting formal bids shall also be sent electronically, if available, by either facsimile or email and mailed to all construction trade journals specified in California Public Contract Code§ 22036. The notice shall be sent at least 15 calendar days before the date of opening the bids. In addition to notice required by this section, the city may give such other notice as it deems proper.
(Ord. ~ 2020-208, § 1, passed 8-18-20)
Sec. 3-7-5. Award of contracts.
(a)ill In its discretion, the city may reject any bids presented, if the city, prior to rejecting all bids and declaring that the project can be more economically performed by employees of the agency, furnishes a written notice to an apparent low bidder . The notice shall inform the bidder of the city's intention to reject the bid and shall be mailed at least two business days prior to the hearing at which the city intends to reject the bid. fillf, after the first notice inviting bids, all bids are rejected, after reevaluating its cost estimates of the project, the city shall have the option of either of the following :
(-12) Abandoning the project or readvertising for bids in the manner described by this ei-YisieAchapter. (~_g.) By passage of a resolution by a four-fifths vote of the city council declaring that the project can be performed more economically by the employees of the city, may have the project done by force account without further complying with this aiYisienchapter . (b) If a contract is awarded, it shall be awarded to the lowest responsible bidder. If two or more bids are the same and the lowest, the city may accept the one it chooses. (c) If no bids are received through the formal or informal bidding procedure, the project may be performed by the employees of the city by force account, or negotiated contract without further complying with this ~ chapter.
(d) Notwithstanding the foregoing, the city manager is authorized to award informally bid contracts pursuant to this section.
(Ord. ~ 2020-208, § 1, passed 8-18-20)
Sec. 3-7-6. Other requirements applicable to contracts for public works projects. (a) Pursuant to California Civil Code § 9550, et seq., a payment bond is required for all contracts for public works projects over $25,000.00.
(b) All public works projects over $1,000.00 require payment of prevailing wages and compliance with California Labor Code§§ 1720 through 1861.
(c) All contracts for 1:niblic 'A'Ork-s projects req1:1ire cornpliaAce witf:l api:ilicable J:IFO¥islons of tf:le P1:1blic Contract Goele wf:letf:ler or not inforrnal or forrnal aielaiAg, or Ao biasing, is req1:1ireEI. (Ord. ~ 2020-208, § 1, passed 8-18-20)