To:
FROM:
DATE:
SUBJECT:
CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
Honorable Mayor and Council Members
Stacey Chavez, Deputy City Clerk
Justin J. Martin, Assistant City Manager
Marissa J. Asistin , City Clerk
August 4, 2026
Second Reading and Adoption of Ordinance No. 2026-240 , Approving the Comprehensive Recodification of the Laguna Niguel Municipal Code
RECOMMENDATION
Staff recommends that the City Council conduct a second reading, by title only, and adopt Ordinance No. 2026-240 :
ORDINANCE NO. 2026-240
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA
NIGUEL , CALIFORNIA APPROVING THE COMPREHENSIVE
RECODIFICATION OF THE LAGUNA NIGUEL MUNICIPAL CODE
BACKGROUND
On July 21 , 2026, as part of a duly held public hearing, the City Council conducted the first reading, by title only, of Ordinance No. 2026-240 (Attachment A). This ordinance entails adoption of the comprehensive recodification of the Laguna Niguel Municipal Code. At the meeting, the City Council approved the proposed ordinance and directed the ordinance be placed on the August 4, 2026, City Council agenda for second reading and adoption .
ANALYSIS
Ordinance No. 2026-240 proposes text changes to the Laguna Niguel Municipal Code ("LNMC") intended to maintain clarity, consistency , and alignment with current law and City practices , and reflects the City's ongoing commitment to maintaining an efficient , tranparents , and accessible Municipal Code.
ALTERNATIVES CONSIDERED
The City Council may decide not to adopt Ordinance No. 2026-240 , and the existing LNMC provisions would remain unchanged . The City Council may also decide to direct staff to return with a revised ordinance to be presented at a future City Council meeting.
ENVIRONMENTAL REVIEW
The recodification of the LNMC is an administrative and legislative action that does not constitute a "project" for purposes of the California Environmental Quality Act ("CEQA") and is exempt from CEQA review pursuant to CEQA Guidelines Section 15061 (b)(3), in that it can be seen with certainty that there is no possibility the recodification may have a significant effect on the environment.
FISCAL REVIEW
There is no fiscal impact as a result of the adoption of Ordinance No. 2026-240.
LEGAL REVIEW
Ordinance No. 2026-240 and this report have been reviewed and approved as to form by the City Attorney 's Office. Staff has worked closely with the City Attorney 's Office throughout the Municipal Code recodification project.
CONCLUSION
Staff recommends that the City Council conduct a second reading, by title only, and adopt Ordinance No. 2026-240 :
ORDINANCE NO. 2026-240
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA
NIGUEL, CALIFORNIA APPROVING THE COMPREHENSIVE
RECODIFICATION OF THE LAGUNA NIGUEL MUNICIPAL CODE
~~*~ Tamara S. Letourneau
City Manager
Scott C. Smith
City Attorney
anager
Deputy City Clek
Page3
Attachment:
A. Ordinance No. 2026-240, Approving the Comprehensive Recodification of the Laguna Niguel Municipal Code
ATTACHMENT A
Ordinance No. 2026-240, Approving the Comprehensive Recodification of the Laguna Niguel Municipal Code
ORDINANCE NO. 2026-240
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAGUNA NIGUEL, CALIFORNIA, APPROVING THE
COMPREHENSIVE RECODIFICATION OF THE LAGUNA
NIGUEL MUNICIPAL CODE
WHEREAS, the City Council of the City of Laguna Niguel ("City") is authorized and empowered under the laws of the State of California to adopt ordinances relating to its municipal affairs; and
WHEREAS, the Laguna Niguel Municipal Code ("Code") was originally adopted in 1989, coinciding with the City's incorporation; and
WHEREAS, since that time, individual ordinances have been adopted and amended, but a comprehensive recodification of the entire Code has not been undertaken in the 35 years since; and
WHEREAS, as a result, portions of the Code have become outdated and inconsistent with current state law, City practices, and modern formatting standards; and WHEREAS, following a Request for Proposal, the City entered into an agreement with American Legal Publishing in late 2023 to update and recodify the Code; and WHEREAS, American Legal Publishing's legal department performed a comprehensive technical, legal, and editorial analysis of the existing Code; including 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; and WHEREAS, City staff worked closely with the City Attorney's Office to refine the proposed language and to ensure that all updates accurately reflect current City practices, organizational structure, and applicable state law; and WHEREAS, the recodification of the Code fulfills Goal 5, Strategy 6 (Comprehensive Municipal Code Update) of the City's adopted Strategic Plan; and WHEREAS, given the scope· of the project, staff returned to the City Council on a title-by-title basis to review proposed revisions and obtain direction prior to bringing forward a final, consolidated Code, and the City Council reviewed and provided direction on each title of the Code as follows: Titles 1, 2, and 3 (General Provisions; Administration and Personnel; Revenue and Finance)·on January 20, 2026; Titles 10 and 13 (Animals; and Parks and Recreational Facilities) on February 17, 2026; Title 6 (Health and Sanitation) on March 3, 2026; Title 7 (Highways, Right-Of-Way and Vehicles) on March 17, 2026; Title 8 (Building Regulations) on April 21, 2026; Title 11 (Public Morals, Safety and Welfare) on May 5, 2026; and Title 5 (Business and Special Licenses; Business Regulations) on May 19, 2026 and June 16, 2026; and
WHEREAS, the Planning Commission reviewed Title 9 (Planning and Zoning) at its meeting on April 28, 2026 and approved Zoning Code Amendment ("ZCA") 26-0001, and the City Council thereafter reviewed Title 9 on June 16, 2026; and WHEREAS, having received the City Council's direction on all titles, City staff and American Legal Publishing incorporated that direction into a final, recodified Code, which is presented in its entirety as Exhibit A to this Ordinance and incorporated herein by this reference (the "Recodified Code"); and
WHEREAS, the . Recodified Code makes certain non-substantive changes throughout the entire Code, including updates to city official titles, grammatical corrections, standardized organization and numbering, gender-neutral language, standardized cross-references and editor's notes, and the addition of legislative history notes, each as further described in Section 4 of this Ordinance; and WHEREAS, the Recodified Code also includes substantive updates to individual titles of the Code, as previously reviewed by the City Council on the dates identified above. and as summarized in Exhibit A to this Ordinance; and
WHEREAS, the recodification of the Code is an administrative and legislative action that does not constitute a "project" for purposes of the California Environmental Quality Act ("CEQA") and is, in any event, exempt from CEQA review pursuant to CEQA Guidelines Section 15061 (b)(3), in that it can be seen with certainty that there is no possibility the recodification may have a significant effect on the environment; and WHEREAS, notice of the public hearing(s) on this Ordinance was published in a newspaper of general circulation and posted in accordance with Government Code Section 36933, and the proposed Ordinance and Recodified Code have been available for public review at City Hall and on the City's website; and WHEREAS, the City Council has conducted a duly noticed public hearing on this Ordinance, at which all interested persons were given the opportunity to be heard, and has considered all oral and written testimony, staff reports, and other evidence presented at or prior to the hearing. •
NOW, THEREFORE, the City Council of the City of Laguna Niguel does ordain as follows:
SECTION 1. Recitals. The recitals above are true and correct and are incorporated herein by reference and adopted as findings by the City Council.
SECTION 2. CEQA. Based on the whole record before it, pursuant to Section 15060(c)(2) of the California Environmental Quality Act ("CEQA") Guidelines, the City Council finds that this Ordinance will not result in a direct or reasonably foreseeable indirect physical change· in the environment and therefore is not subject to the CEQA.
Additionally, the Ordinance does not authorize construction, and in fact imposes greater restrictions on certain development in order to protect the public health, safety and general welfare, and therefore pursuant to CEQA Guidelines Section 15060(c)(3) the activity is not a "project" as defined in CEQA Guidelines Section 15378 because it has no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 3. Recodification and Adoption of the Municipal Code. The Laguna Niguel Municipal Code is hereby comprehensively recodified in its entirety. Titles 1 through 13 of the existing Code are hereby repealed in their entirety and replaced with the Recodified Code attached hereto as Exhibit A and incorporated herein by this reference, which shall constitute and be known as the "Laguna Niguel Municipal Code." Except as expressly modified by the non-substantive and substantive changes described in Sections 4 and 5 below, the Recodified Code is intended to carry forward, without interruption, the existing regulatory requirements of the City in a reorganized, updated, and internally consistent format.
SECTION 4. Non-Substantive Changes. The following non-substantive changes have been made throughout the entire Code as part of the recodification. These changes are intended solely to improve the clarity, consistency, and organization of the Code and do not alter the legal effect of any existing regulation:
1. City Official Titles. References to City officials have been updated to reflect current titles and assignments.
2. Grammatical Corrections. Capitalization, punctuation, and other grammatical and typographical corrections have been made throughout.
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" to "title, chapter, subchapter, article, section, and subsection" to match the overall structure of the Code.
4. Gender-Neutral Language. Code provisions have been updated throughout to reflect gender-neutral terms.
5. Cross-References and Editor's Notes. Formatting of cross-references and editor's notes has been standardized to ensure consistency, and clarity across all titles.
6. Legislative History Notes. Legislative history notes have been added to each section to provide ordinance history, including enactment and amendment references where available.
SECTION 5. Substantive Changes. In addition to the non-substantive changes described in Section 4, the recodification includes substantive updates to individual titles of the Code. These substantive changes were reviewed by the City Council on a title-by title basis as described in the recitals above, and are set forth in detail in Exhibit A. Nothing in this Ordinance shall be construed as City Council approval of any substantive change to the Code except as set forth in Exhibit A.
SECTION 6. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or the Recodified Code adopted hereby, is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or the Recodified Code.
The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
SECTION 7. Codification; Corrections. The City Clerk, or their designee, is hereby authorized to codify the Recodified Code and, in . doing so, to make non substantive corrections necessary to conform to standard codification practice, including corrections to typographical errors, cross-references, section numbering, and formatting, provided that no such correction shall alter the substantive meaning or legal effect of any provision of the Code.
SECTION 8. Effective Date. This Ordinance shall take effect and be in full force and operation thirty (30) days after its final passage and adoption.
SECTION 9. City Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and post a certified copy of the text of this Ordinance in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Laguna Niguel this 4th day of August, 2026.
CITY OF LAGUNA NIGUEL
Gene Johns, Mayor
ATTEST:
Marrisa J. Asistin, City Clerk
EXHIBIT "A"
Recodified Laguna Niguel Municipal Code
Laguna Niguel, California, Code of Ordinances
TITLE 1 GENERAL PROVISIONS
TITLE 1
GENERAL PROVISIONS
DivisionChapter 1. Code Adopted
DivisionChapter 2. City Seal
DivisionChapter 3. Citations in Lieu of Immediate Arraignment
DivisionChapter 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. No. 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. No. 89-4, § 1(1.01.002), passed 12-1-1989)
Sec. 1-1-3. Contents of Code.
(A) The Laguna Niguel Municipal Code shall consist of all ordinances adopted by the city council which are of a general and permanent nature.
(B) 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, alteri ng 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.
I -
I -
(Ord. No. 89-4, § 1(1.01.003), passed 12-1-1989)
Sec. 1-1-4. Outline of Code.
(aA) Ordinances to be included in the Municipal Code shall be organized and grouped according to subject matter.
(bB) 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 licen ses; business regulations.; (6) Health and sanitation .;
(7) Highways, rights-of-way and vehicles .;
(8) Building regulations .;
(9) Planning and zoning .;
(10) Animals .;
(11) Public morals, safety and welfare .;
(12) Reserved .; and
(13) Parks and recreational facilities.
(Ord. No. 89-4, § 1(1.01.004), passed 12-1-1989)
Sec. 1-1-5. Maintenance of Code.
(aA) 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 this Code. Additional copies shall be distributed to the departments of the city as prescribed by the city manager.
(bB) 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. (cC) 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. No. 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. No. 89-4, § 1(1.01.010), passed 12-1-2989)
Sec. 1-1-7. Effect of Code on past actions and obligations. (A) 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 viol ation 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 ordinanc es relating to the collection of license fees, or civil or criminal penalties imposable thereunder; and
(4) Affect the validity of any bond or cash deposit required to be posted, filed or deposited pursuant to any such ordinances.
(B) All vested rights and obligations arising from such ordinances shall, moreover, continue in full force and effect.
(Ord. No. 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. No. 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. No. 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. No. 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. No. 89-4, § 1(1.01.100), passed 12-1-1989)
Sec. 1-1-12. Effect of headings.
The title, division, article and 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, division, article or section chapter, subchapter, article or section of this Code. (Ord. No. 89-4, § 1(1.01.110), passed 12-1-1989)
Sec. 1-1-13. Meanings of section and subsectiondivision.
As used in this Code, the term "section"SECTION shall mean a section of this Code, unless some other source is specifically set forth. The term "subsection"DIVISION shall mean a subsectiondivision of the section in which the term occurs, unless some other section is expressly set forth. (Ord. No. 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. No. 89-4, § 1(1.01.130), passed 12-1-1989)
Sec. 1-1-15. Writing defined.
As used in this Code, the term "writing"WRITING 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. No. 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. No. 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. No. 89-4, § 1(1.01.160), passed 12-1-1989)
Sec. 1-1-18. Definitions.
(aA) As used in this Code, unless a different meaning is appa rent from the context or is specified elsewhere in the Code, the following words, terms and phrases shall have the meanings designated in this section:.
CALENDAR YEAR. The term "calendar year" means fFrom January 1 through December 31, of any given year.
CITY. The term "city" means tThe City of Laguna Niguel.
CITY MANAGER. The term "city manager" means tThe appointed official of the city who occupies the position of chief administrative officer of the city.
COUNCIL. The term "council" means tThe city council of the City of Laguna Niguel.
COUNCILMEMBER. The term "councilmember" means a A person duly elected to the council.
COUNTY. The term "county" means tThe County of Orange.
FISCAL YEAR. The term "fiscal year" means fFrom July 1 of any given year through June 30 of the following year.
GENDER. The masculine gender includes the feminine and neuter genders.
GOODS. The term "goods" mMeans and includes wares and merchandise.
MAY. The term "may" is permissive.
MONTH. The term "month" means a calendarA calendar month, unless otherwise specifically expressed.
NUMBER. The singular number includes the plural, and the plural number includes the singular.
OATH. The term "oath" iIncludes 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. The term "operate" means and includes cCarrying on, keeping, conducting or maintaining.
OWNER. The term "owner," aApplied 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 term "person" iIncludes any person, firm, company, corporation, partnership, association, public 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 otherwise.
PERSONAL PROPERTY. The term "personal property" iIncludes money, goods, chattels, things in action and evidences of debts.
POLICE. The term "police" means tThe agency which performs the appropriate law enforcement function for the city. The term "police chief"POLICE CHIEF or "chief of police"CHIEF 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 term "property" iIncludes real and personal property.
QUARTERLY. The 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. The term "real property" iIncludes lands, tenements and hereditaments.
SALE. The term "sale" iIncludes any sale, exchange, barter or offer for sale.
SHALL. The term "shall" is mandatory.
STATE. The term "state" means the State of California.
STREET. The term "street" iIncludes 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 terms "tenant" and "occupant," aApplied 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.
(bB) 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. No. 89-4, § 1(1.01.170), passed 12-1-1989)
Sec. 1-1-19. Violations generally.
(a) It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Code, or the provisions of any code adopted by reference by this Code, or any provision of any ordinance of the city not included within this Code. Any person violating any such provisions or failing to comply with any of the mandatory requirements of this Code or any code adopted by reference by this Code or any other city ordinance shall be guilty of an infraction, unless such violation is specifically designated as constituting a misdemeanor. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code, or of any provision of any code adopted by reference by this Code, or of any other city ordinance, is committed, continued or permitted by such person, and may be punished accordingly.
(b) The violation or failure to comply with any prov ision or requirement of this Code or any other provision referred to in subsection (a) of this section, the violation of which or the failure to comply with which is designated as an infraction, shall be prosecutable as a misdemeanor upon a third violation and each violation thereafter of the same provision by the same individual. In addition, any such violation or failure to comply may be prosecuted originally as a misdemeanor in the discretion of the city attorney or any deputy district attorney, upon a showing by the enforcing agency of the seriousness of the particular alleged violation. (A) It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Code or the provisions of any code adopted by reference by this Code or any provision of any uncodified 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 reference by this Code or any other City ordinance shall be guilty of a misdemeanor, unless such violation is specifically designated in this Code as constituting an infraction, provided that where the City Attorney or other prosecutor determines that such action would be in the interests of justice, the City Attorney or other prosecutor may prosecute any such offense as an infraction. In the event a notice to appear is prepared as a misdemeanor, the City Attorney or other prosecutor may nonetheless prosecute any such offense as an infraction. (B) Violators shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code, or any provision of any code adopted by reference by this Code, or of any other City ordinance, is committed, continued, or permitted by such person, and may be punished accordingly.
(Ord. No. 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. No. 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:
(1A) Where a judgment imposes a punishment of a fine not exceeding $100.00 in the case of a first offense; (2B) 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
(3C) When the city attorney or any deputy district at torney files in a court having jurisdiction over misdemeanor offenses a complaint specifying that the offense is an infraction. (Ord. No. 89-4, § 1(1.01.220), passed 12-1-1989)
Sec. 1-1-22. Penalties.
(aA) 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.
(bB) 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. No. 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. No. 89-4, § 1(1.01.240), passed 12-1-1989)
Sec. 1-1-24. Violations deemed public nuisances.
(aA) In addition to other penalties provided by law, any co ndition 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.
(bB) Any such violation or threaten ed violation as referred to in subsection 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. No. 89-4, § 1(1.01.250), passed 12-1-1989)
Sec. 1-1-25. Recovery of expenses for abatement of nuisances. (aA) Whenever any person creating, causing, committing or maintaining a public nuisance as referred to in section§ 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.
(bB) Costs and expenses as referred to in subsection ( aA) 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.
(cC) The provisions of subsection (a) of this section shall a lso 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.
(dD) 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 determination or decision of the city attorney in this regard shall be final and conclusive and shall not be subject to appeal as prescribed in divisionTitle 2, of titleChapter 2.
(eE) Money due to the city pursuant to this section may be re covered 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. No. 89-4, § 1(1.01.260), passed 12-1-1989)
Cross reference(s)— :
Nuisances, see § 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. No. 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. No. 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. No. 89-4, § 1(1.01.310), passed 12-1-1989)
DivisionChapter 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. No. 89-4, § 1(1.04.010), passed 12-1-1989)
DivisionChapter 3 CITATIONS IN LIEU OF IMMEDIATE ARRAIGNMENT ArticleSubchapter 1. Citations in Lieu of Arraignment, §§ 1-3-1—1-3-10 ArticleSubchapter 2. Administrative Citations, §§ 1-3-11—1-3-25
ARTICLESUBCHAPTER 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. No. 89-4, § 1(1.08.010), passed 12-1-1989; Ord. No. 2006-142, § 1, passed 2-21-2006) I==
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. No. 2006-142, § 1, passed 2-21-2006) Secs. 1-3-3—1-3-10. Reserved.
ARTICLESUBCHAPTER 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, co llection, 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 administ rative citations pursuant to this articlesubchapter 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 ci tation 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 articlesubchapter, 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 articlesubchapter makes any violation of the provisions of this Code subject to administrative 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 any entitlement, agreement or environmental document issued or approved under the provisions of this Code. (g) Because of the serious blighting co nditions that can result affecting the residents' health and safety, this 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. No. 2006-142, § 1, passed 2-21-2006)
Sec. 1-3-12. Definitions.
The following definitions apply to the use of these terms for the purposes of this article. The singular shall include the plural. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Administrative citation or citation. means aA 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. means aAny 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.
Citee means a person given an administrative citation charging him or her as a responsible person for a Code violation. City. The City of Laguna Niguel.
City attorney. means tThe city attorney, or his/hertheir designee.
Code. means tThe 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. Means Each day 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 th e same offense without intervening days.
Director or issuing director. means dDirector of the issuing department or his or hertheir designee.
Director of finance. means tThe city director of finance or his/hertheir designee.
Enforcement officer. means aAny 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, sheriff’s deputies, building and safety inspectors, and public works inspectors.
Hearing officer. means tThe person appointed by the city manager to serve as the hearing officer for administrative hearings held pursuant to this article. , including for, but not limited to, administrative citations, nuisance violations, and abatement order
Issued. means gGiving a citation to the citee responsible person and issuance occurs on the date when a citation is personally served on the citee responsible person, the date it is mailed to the citee responsible person, or the date it is posted on real property where a property related violation occurs.
Issuing department. means tThe city department that has the authority and responsibility for enforcing the Code section(s) designated on a citation as having been violated.
Notice 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 aA written notice used to inform a citeeresponsible person of a decision made regarding an administrative citation issued pursuant to this article. -- -
Notice of violation. means aA 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. means a(1) Any of the following who may be held liable for a Code violation and issued an administrative citation:
(1a) A person who causes a Code violation to occur .;
(2b) A person who maintains or allows a Code violatio n to continue by his action or failure to act.; (3c) A person whose agent, employee, or independent cont ractor causes a Code violation by its action or failure to act.;
(4d) 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 (5e) A person who is the on-site mana ger of a business who normally works daily at the site when the business is open and is responsible for the activities at such premises. (2) For purposes of this articlesubchapter, "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 record owner of a parcel according to the county's latest equalized property tax assessment rolls and a lessee or sublessee of a parcel has notice of any Code violation existing on the premises.
(3) For the purposes of this articlesubchapter, there may be more than one responsible person for a Code violation.
,(4) For the purposes of this subchapter, and a minor at least 14 years of age may be a responsible person subject to the provisions of this article.
Violator means a person given a citation charging him or her as a responsible person for a Code violation. (Ord. No. 2006-142, § 1, passed 2-21-2006)
Sec. 1-3-13. Administrative citation general.
(a) Any responsible person violating, causing a violation or maintaining a violation of any provision of this Code may be issued an administrative citation assessing a civil fine as provided in this articlesubchapter. (b) Any enforcement officer, upon dete rmining 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 did commit the violation. (d) A responsible person to whom a citation is issuedA 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 articlesubchapter.
Administrative citation fines shall be a debt to the City and subject to all remedies for debt collection as allowed by law. The City may pursue any legal remedy to collect the administrative fines, including, without limitation, the referral of such collection to a collection agency.
(e) Each and every day a violation of this Code exists constitutes a separate and distinct violationcontinuing violation andthat will be subject to a separate fine. A single citation may charge a violation for one or more days on which a violation exists, and for violation of one or more Code sections. (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 citation and be liable for civil fines under the provisions of this articlesubchapter. (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 th e city has the responsibility for keeping such premises free of violations related to the use or condition 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. No. 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 articlesubchapter for a continuing violation pertaining to building, plumbing, electrical, or other similar structural or zoning regulation (building violations) 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 maintain a list for his or her department generally describing those violations that pose an immediate danger to public health or safety.
(1) In such circumstance, the enforcement officer sha ll 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 (5) calendar days for violations for which abatement requires construction activities. No correction period is required The enforcement officer may impose a shorter 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 not ceased or abated has not been corrected, the enforcement officer may issue an administrative citation assessing a fine and begin imposing fines upon the responsible person. The fine shall accrue on each day the violation exists without abatementcorrection. The citeeresponsible person to whom the administrative citation 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 citeeresponsible person shall be liable for and shall pay to the city any additional fine which shall be due on the date any new citation is issued. (b) The enforcement officer may, in his or her discreti on, issue a notice of violation to a responsible person where such person did not personally cause the violation and is unaware that the violation is occurring in a
manner or place, which would render the person responsible. Such notice of violation shall serve as a written warning of responsibility and require immediate action by the responsible person to cease and abate the violation. The notice of violation shall specify a date by which the violation must be ceased and abated. If, after said correction period following the written warning, the violation is not ceased or abated, the enforcement officer may issue an administrative citation assessing fines in accordance with this article. (cb) Any responsible person cited for a continuing viol ation 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 articlesubchapter.
(dc) The procedures of this section shall not apply in the instance of a violation that poses immediate danger to public health or safety. Each department head The director or their designee(s) shall maintain a list for his or her department generally describing those violations that pose an immediate danger to public health or safety.
(ed) If upon reinspection the enforcement officer determines the violation has been corrected, he or shethey will issue a notice of decisioncompliance to the citeeresponsible person indicating correction has been made. (Ord. No. 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:
(1A) Name of the person who is charged as a responsible person for the violation(s).; (2B) Date (s) and approximate time of the violation(s).; (3C) Address or definitive description of the location where the violation(s) was observedexisted or occured.;
(4D) The Code sections or permit conditions vi olated and a description of the violation(s).; (5E) WhetherDesignation of whether the offense is a continuing violation that shall accrue fines until properly ceased and abated and how much time the responsible person has to correct the violation.; (6F) The date on which the citation is issued .;
(7G) Issuing department for the Code section(s) violated .; (8H) 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).;
(9I) An explanation of how the fine shall be paid and the time period by which it shall be paid.; (10J) 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.; (11K) Designation of any prior citations issued for the same Code violation(s), if known by the enforcement officer.;
(12L) Notice to the responsible person to immediately correct the violation(s) and an explanation of the consequences of failure to correct the violation(s).;
(13M) An explanation of how the abatementcorrection of the violation(s) can be properly verified (if applicable).;
(14N) 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.; (15O) 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 an assessment or lien against the property where the violation(s) occurs, and that unpaid assessments can result in the property being sold after three years by the county tax collector and collected through any means authorized by law.; (16P) The name and signature of the enforcement officer and, if possible, the signature of the responsible person.;
(17) A self-addressed envelope in which the violator can send the city the fine or request an administrative hearing or a waiver of the fine deposit.
(Q) An order prohibiting the continuation or repeated occurrence of the Code violation(s) described in the administrative citation; and
(18R) Any other information deemed necessary by the city attorney or director of finance for enforcement or collection purposes.
(Ord. No. 2006-142, § 1, passed 2-21-2006)
Sec. 1-3-16. Service procedure.
(A) 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. (A)(B) Service of notices of violation and administrative citations shall be in accordance with theany of the following procedures:
(1) Personal service. In any case where an administrative citation is issued, the following shall apply.:
a. The enforcement officer shall attempt to locate andmay 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.
(a) If the enforcement officer is unable to locate the responsible person, tThe administrative citation shallmay be mailed to the responsible person’s address shown on the county's last equalized property tax assessment rolls for a property-related violation, or to any address known for the responsible person for all other violations by certified mail, postage prepaid with a requested return receipt. (b) 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 enforcement officer does not succeed in personally serving the responsible person, or by certified mail or regular mail, tThe enforcement officer shallmay 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 citation after posting.
(Ord. No. 2006-142, § 1, passed 2-21-2006)
Sec. 1-3-17. Amount of civil fines.
(a) TheIf the violation described in Section 1-3-14(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 followingas follows:
(1) $100.00 for the first violat ion of a provision of this Code, ordinance, or permit condition. (2) $200.00 for the second violation of the same provision of this Code, ordinance, or permit condition. (3) $500.00 for the third and subsequenteach additional violations 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 subsection adivision (A) above.
(c) The schedule of fines may also sp ecify 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 3020 days of the date of issuance of the citation. (d) Fines are due on the day the citation is issuedin 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 violation is contested and the hearing officer upholds the citation following the hearing, the fine shall be due on the date20 days after the decision is made and personally served on the citee or the date the decision is mailed to served upon the citeeresponsible person in accordance with this subchapter. (e) In addition to the penalties provided in this Code, an y 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, by the city, summarily abated as such, and each day such condition continues shall be deemed as a continuing violation. (Ord. No. 2006-142, § 1, passed 2-21-2006)
Sec. 1-3-18. Satisfaction of administrative citation.
(a) Upon receipt of a citation, the resp onsible person must do the following:
(1) Pay the fine to the city and deliver to either the city or the city’s contracted agent specified on the administrative citation within 3020 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 and abate the violation(s). If the offense is a continuing violation and the responsible person fails to properly cease and abatecorrect the violation, fines shall accrue for each day until the abatementcorrection is properly verified. Additionally, subsequent administrative citations may be
issued for the samecontinuing violation(s). The amount of the fine for failure to correct the violation shall be charged or increase at athe rate specified in this articlesubchapter or by resolution. (b) At any time following 3020 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 abatementcorrection of the offense is properly verified (if applicable) plus any appropriate late payment charge, interest and/or processing fee less any amount remitted pursuant to subsection a of this sectiondivision (A) above.
(c) The abatementcorrection 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 abatementcorrection is verified, less any days delayed by action of the city in scheduling said inspection by the city. (d) The director of financeCity Manager or their designee shall be authorized 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 penalty and interest will be stayed, pending a decision by the hearing officer. The accrual of the late penalty and interest will resume if the hearing officer issues a final decision upholding the administrative citation, and shall be assessed if the fine remains unpaid 20 days after the hearing officer's final decision.
(Ord. No. 2006-142, § 1, passed 2-21-2006)
Sec. 1-3-19. Preliminary review.
(a) A person issued an administrative citation may re quest a preliminary review. The request must be made within seven days of the date the citation is issued.
(b) To obtain a preliminary review, the citee shall go to the issuing department, present a copy of the citation and a completed and signed request for preliminary review. The request shall state the reasons why there was no violation or why the citee is not a responsible person for the violation. (c) The preliminary review shall be conducted by a ci ty employee designated by the director of the issuing department. The reviewer shall not be the enforcement officer who issued the citation. The purpose of the review is to uncover and cancel any mistakenly issued citations due to errors that are easily verifiable, and not to resolve factual disputes concerning the violation that is the subject of the citation. (d) The preliminary review will be decided at the time th e request is filed if reasonably practical as determined by the reviewer. It shall consist of a review of the citation and the written request and any other evidence submitted at the same time as the request by the citee and, at the discretion of the reviewer, any other related information. Where the review is not completed with five working days of receipt of the request, the request shall be deemed denied.
(e) The citee shall be notified of the results of the review by being given a notice of decision stating the decision.
The citee may also be given additional notice by telephone or facsimile when practicable. (f) A request for preliminary review does not extend an y time periods for compliance, including the fine due date, the time any correction period ends, and the time to request an administrative hearing. (g) If the reviewer concludes that no Code violation occurred or that the citee was not responsible for the violation, the citation shall be canceled.
(Ord. No. 2006-142, § 1, 2-21-06)
Sec. 1-3-20. Request for administrative hearing.
(a) Any person receiving an administrative citation The responsible person may contest the citation by filing a request for an administrative hearing. To obtain a hearing, the citeeresponsible person shall file a signed, 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 by denying that a violation occurred, by denying that it was not corrected within the correction period, if applicable, or by denying that the citee is a responsible person for the violation. The hearing will be limited to such written grounds. (b) To be effective and complete, th e request must be received by the director of the issuing department City Clerk within 20 days of the date of service of the administrative the citation was issued, and be accompanied by evidence of payment of the full amount of the fine. Where a request and fine deposit are mailed by the citeeresponsible person, the request and fine deposit shall be deemed filed on the date received by the director of the issuing departmentCity Clerk. All requests shall be date stamped upon receipt. (1) 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 responsible for paying one-half (½) of the hearing officer's full fees and costs, which 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 refund any excess costs to the appellant. Deposits and fees required under this section are subject to Section 1-3-21, hardship waivers. (c) The director of the issuin g department shall establish a date, time and place for the administrative hearing and provide notice of that hearing to the citee at least ten calendar days in advance of the hearing. The hearing shall be held within 30 days of the request for an administrative hearing. (dc) The person requesting the administrative hearing shall personally attend the hearing on the date, time and place specified by the issuing directorin the notice. AThe responsible person’s failure to personally attend the hearing will be considered a non-appearance. Non-appearance by the citeeresponsible 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 concerning the violation ser forth in the citation. (Ord. No. 2006-142, § 1, passed 2-21-2006)
Sec. 1-3-21. Waiver of fine deposit.
(a) A person who files a timely request for an administrative 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 citeeresponsible 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. ToFor the request to be effective, the completed form requesting the administrative hearing and the waiver must be received by the issuing director within 2010 days of the date the citation is issued. (b) The person requesting the waiver bears the burde n of establishing by substantial evidence that he or shethey 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 issuing directorCity Manager or their designee based on the information and evidence provided by the citeeresponsible 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 issuing directorCity Manager or their designee shall send the citeeresponsible 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 citeeresponsible person shall pay the finerequired amount within seven days of the date of that decision. Failure to make the deposit by the time 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 until the City Manager or designee makes a determination 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 articlesubchapter, except the time when the fine deposit must be made. (f) The issuing director'sCity Manager or their designee’s decision on the waiver request is final and not subject to appeal may not be contested through a request for hearing. (Ord. No. 2006-142, § 1, passed 2-21-2006)
Sec. 1-3-22. Hearing procedures.
(a) The hearing shall be conducted by a hearing officer on the date, time and place specified by the issuing director. The City Clerk shall forward 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 schedule the hearing more than 60 calendar days out if he or she reasonably determines 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 official of the time, date and place for the hearing. To the extent that specific State or City ordinances set forth additional notice provisions, the hearing officer shall also comply with such provisions. (b) The issuing directorCity 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 citeeresponsible person before the hearing a copy of any additional reports concerning the citation that are provided to the hearing officer. (c) The citeeresponsible 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 citeeresponsible person who is a minor, under 18 years of age, shall accompany the citeeresponsible person during the hearing. (e) The citation and any other reports prepared by the enforcement officer, or at his or her request, concerning the Code violation or attempted correction of the Code violation that are provided to the hearing 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 hearing officer may continue a hearing if a request is made showing good cause by the citee or a representative of the city. All continuance requests shall either: hearing officer may continue the hearing as he or she determines is reasonably necessary.
(1) Be made in person at the hearing by the citee or h is or her representative if the citee is physically unable to attend, or
(2) Be made by a written request received by the issuing director at least 24 hours before the hearing date.
If the continuance is granted, a new hearing date shall be set and held within 45 days. If the continuance is denied, the hearing shall proceed then and there as scheduled, and if the citee is not present the request(s) shall be deemed abandoned in accordance with subsection (i) below. (h) The hearing shall be conducted informally and th e legal rules of evidence need not be followed. The hearing officer does not have the authority to issue subpoenas. (i) The failure of the citee to appear at the hearing, unless the hearing was continued pursuant to subsection g above, shall constitute an abandonment of the contesting of the citation, and a failure to exhaust administrative remedies concerning the violation set forth in the citation. The Any failure to appear by the citeeresponsible person shall be noted on the notice of decision by the hearing officer which shall be mailed to the citeeresponsible person by the issuing directorhearing officer. The fine deposit shall be credited 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 notice of decision is served on the citeeresponsible person. (j) At such hearing, the responsible person and the City representative may present evidence relevant to the decision of the enforcement officer, as determined by the hearing officer. (Ord. No. 2006-142, § 1, passed 2-21-2006)
Sec. 1-3-23. Administrative hearing decision.
(a) After considering all the evidence and testimony submit ted at the administrative hearing, the hearing officer shall issue a written decision to uphold, modify, or cancel the citationreverse, 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 substantive provisions of the applicable article(s) of this Code. The hearing officer shall, within 10 calendar days of the conclusion of the hearing, file with the City Clerk his or her written decision, along with written findings of fact and conclusions of law, and shall provide a copy of the decision to all parties; provided, however, that the hearing officer may take more than 10 calendar days if he or she reasonably determines that additional time is necessary or upon the mutual agreement of the parties. If any party is represented by an attorney, the attorney shall be served. The hearing officer has no discretion or authority to reduce or modify the amount of any fine. The decision will be made on a notice of decision form and will state the reasons and evidence considered for the decision.
The decision of the hearing officer shall be made at the conclusion of the hearing and shall be final. The notice of decision for the administrative hearing shall be personally delivered to the citee at the conclusion of the hearing. In the alternative, the hearing officer may within five days either mail a completed notice of decision to the citee or request that the issuing director mail the completed notice of decision to the citee.
The hearing officer shall also submit the original copies of the record to the City Clerk. (b) If the decision is to uphold the administrative citation, the city shall keep the fine deposited as payment for the fine responsible party’s share of the hearing officer’s costs and the deposited administrative fine amount. If the decision is to cancelreverse the citation in favor the responsible party, the city shall refund the fine deposit responsible party’s share of the hearing officer’s costs and the deposited administrative fine amount to the citeeresponsible person within 30 days of the filing of the notice of decision hearing officer’s decision. If the citation is upheld and the fine deposit has been waived, the finetotal amount due shall be due
on the date the decision is served on the citee responsible person. 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, performa nce evaluation, compensation, and benefits shall not directly or indirectly be linked to the amount of citations upheld or canceled by the hearing officer. (Ord. No. 2006-142, § 1, passed 2-21-2006)
Sec. 1-3-24. Right to judicial review.
(a) The citeeresponsible 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 citeeresponsible 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)." The citee must pay the required filing fee when the appeal is filed.
(b) No appeal is permitted from any of the following:
(1) A decision on a request for preliminary review.
(2) A decision on a request for an extension of the correction period for building violations. (3) A decision on a request for waiver of a fine deposit. (4) As to citations where it is deemed the citee has ab andoned the contest of the citation by an unexcused nonappearance at the hearing or by failing to deposit the fine. (cb) 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.
(dc) If the court cancels any citationreverses 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. No. 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 from commencing a civil or criminal proceeding to enforce the provisions of this Code and any other ordinance of the City, or from pursuing any other legal means or remedies available to it in addition to or in lieu of the procedures set forth herein.
(b) 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 a pproval 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. The person may request a review hearing pursuant to the procedures in section 1-3-19 on only the issue of whether the fine is delinquent. The request must be filed before the ten-day period ends. 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 days 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 articlesubchapter. The city attorney, at his or her discretion, may issue a criminal citation or complaint for an infraction to any person issued a citation who fails to make such a payment.
(e) Any violation of this Code shall cons titute a nuisance. To compel Code compliance, the city may seek to abate the nuisance and collect the costs incurred by means of a nuisance abatement lien and/or special assessment against the property where a property related violation occurred in accordance with the procedures in Government Code §§ 38773.1 and 38773.5. Any unpaid delinquent civil fines, penalties, interest and fees may be recovered as part of any such lien or special assessment against the property of the responsible person who is the owner of the property where the violation occurred. (f) To pursue an abatement of a Code violation as a nuisance and recover any delinquent civil fines, penalties, interest and fees as a lien or special assessment, the following conditions must be met:
(1) The city manager must submit to and receive from the city council a resolution certifying the amounts of the liens and special assessments sought to be collected from each property owner. (2) The total amount of the delinquent fine, penalty, interest or fee against the property owner must be $250.00 or more and be delinquent for 60 days or more.
The city manager may take any steps necessary to enforce collection of the lien or special assessment, including but not limited to the following:
(1) Request the county recorder to record a notice of any lien or special assessment certified by the city council.
(2) Request the county tax collector to collect any lien or special assessment certified by the city council.
The city manager may pursue these remedies whether or not the city is pursuing any other action to terminate an ongoing Code violation that was the basis for the fine. (g) All administrative citations shall contain a notice that unpaid fines, interest and penalties are subject to the assessment and lien collection procedures of this section. This notice shall satisfy the notice requirements of Government Code §§ 38773.1 and 38773.5, when an administrative citation is personally served on the violator. In addition, the city manager shall by first class mail send notice to each property owner at least ten days before the city council considers the resolution to certify the amounts of the liens and special assessments stating the date, time and location of the meeting. The lien and/or special assessment shall be imposed on the date the administrative citation for the Code violation is issued to the responsible person and becomes effective upon the recording of a notice of lien or special assessment by the county recorder. (h) A violator may contest the amount and/or validity of any lien or special assessment for an administrative fine at the public hearing when the city council considers the resolution to certify the liens and assessments. Such contests by a violator shall be limited to the issue of the amount and/or validity of the lien or assessment and may not consider whether the underlying Code violation occurred. Pursuit of such a contest by a violator is necessary to exhaust the administrative remedies concerning a legal challenge to the validity of any such lien or special assessment.
(Ord. No. 2006-142, § 1, passed 2-21-2006)
Sec. 1-3-26. Administrative Rules and Regulations.
Consistent with the intent and goals of this subchapter, the city manager may adopt administrative rules and regulations for implementation and furtherance of the requirements of this subchapter. Such rules and regulations may be enforced as an ordinance in any 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 unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity will not affect the remaining provisions of this ordinance and subchapter, which can be implemented without the invalid provisions, and to this end, the provisions of this ordinance are declared to be severable.
Laguna Niguel, California, Code of Ordinances
TITLE 2 ADMINISTRATION AND PERSONNEL
TITLE 2
ADMINISTRATION AND PERSONNEL1
DivisionChapter 1. General Provisions
DivisionChapter 2. Council
DivisionChapter 3. Commissions, Boards and Committees
DivisionChapter 4. City Manager
DivisionChapter 5. City Clerk
DivisionChapter 6. City Treasurer
DivisionChapter 6.51. Director of Finance
DivisionChapter 7. City Attorney
DivisionChapter 8. Political Reform
DivisionChapter 9. By-District Elections
DivisionChapter 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. No. 91-32, § 3, passed 4-16-1991)
DivisionChapter 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. No. 89-4, § 1(2.04.010), passed 12-1-1989; Res. No. 89-3, passed 12-1-1989; Ord. No. 2007-146, § 2, passed 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. No. 89-4, § 1(2.04.020), passed 12-1-1989)
Sec. 2-2-3. Improper conduct at meeting.
Any person using profane, vulgar, loud or boisterous language at any council meeting or otherwise interrupting the proceedings, who refuses to be seated or keep quiet when ordered to do so by the mayor or other presiding officer of the council, is guilty of a misdemeanor. Any person who disrupts a meeting by engaging in disorderly conduct, using loud or boisterous language, refusing to be seated or keep quiet when ordered to do so by the mayor or other presiding officer, or otherwise impeding the orderly conduct of the meeting is guilty of a misdemeanor and subject to removal from the meeting.
(Ord. No. 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. No. 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. No. 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 he reby established at $400.00 per month commencing on December 1, 1989.
(b) Any amount paid by the city for retirement, health an d welfare, and federal social security benefits shall not be included for the purpose of determining the salary established in subsection (a) of this section, Division (A) above; provided that the same benefits are available and paid by the city for its employees. (Ord. No. 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. No. 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 specif ically 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 de cision 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. No. 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 up on 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)(1) The notice of appeal shall set forth:
(1a) The specific action appealed from;
(2b) The specific grounds of the appeal; and and
(3c) The relief or action sought from the city council. (2) If 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. No. 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. No. 89-4, § 1(2.04.120), passed 12-1-1989)
Sec. 2-2-11. Same—Conduct of hearing.
(a)(a) The city council may limit participation at the hearing on an appeal to the council to those parties directly interested, or may allow participation by the public. Such public participation, however, shall only occur when the council deems the public participation necessary to further the public interest. If a hearing is ordered open to public participation, notice thereof shall be given by publishing notice of the hearing in a newspaper of general circulation in the city not less than five days prior to the date of such hearing, and by such other means as the city council deems necessary. The City Council’s consideration of an appealed decision is de novo and the Council may take any action that might legally have been taken in the first instance. In addition to testimony and evidence presented at the appeal hearing, the City Council may consider information in the record of the hearing from which the appeal is taken. The City Council may continue its hearing on the matter from time to time to a certain date and may refer the matter to the previous decision-making authority for additional input before the Council makes its final determination. (b)(b) At the hearing before the city council the appellant shall limit his presentation to the specific grounds set forth in his notice of appeal. He shall, moreover, have the burden of proving to the satisfaction of the city council that the decision appealed from should be altered, reversed of modified. The council may continue the matter from time to time, and at the conclusion of its consideration may affirm, reverse or modify the previous decision. It may also take any action which might have been legally taken in the first instance by the official or body from whose action the appeal has been taken. In ruling on the appeal, the finding and action of the council shall be final and conclusive in the matter. As a hearing de novo, an appeal under this division completely takes the place of and nullifies the former determination of the matter. To take any action or issue any approval, the City Council must act by majority vote. A tie vote by the City Council results in a denial, even if the former determination initially resulted in an approval. In ruling on the appeal, the finding and action of the Council shall be final and conclusive in the matter. (c) Notwithstanding the foregoing, nothing in this section shall supersede, modify, or affect any applicable zoning or land use appeal procedures set forth in Title 9 of this Code.
(Ord. No. 89-4, § 1(2.04.130), passed 12-1-1989)
DivisionChapter 3 COMMISSIONS, BOARDS AND COMMITTEES2
ArticleSubchapter 1. General Provisions, §§ 2-3-1—2-3-12 ArticleSubchapter 2. Investment, Banking and Audit Committee, §§ 2-3- 13—2-3-20
ArticleSubchapter 3. Military Support Committee, §§ 2-3-21—2-3-27 ArticleSubchapter 4. Parks, and Recreation and Senior Commission, §§ 2-3- 28—2-3-34
ArticleSubchapter 5. Reserved, §§ 2-3-35—2-3-40
ArticleSubchapter 6. Reserved, §§ 2-3-41—2-3-45
ArticleSubchapter 7. Traffic and Transportation Commission, §§ 2-3-46—2- 3-52
TITLE 2 - ADMINISTRATION AND PERSONNEL
Division 3 COMMISSIONS, BOARDS AND COMMITTEES
ArticleSubchapter 8. Youth Committee, §§ 2-3-53—2-3-58
ARTICLESubchapter 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 determine the duties and responsibilities of such commissions, boards and committees. All of the provisions of this articlesubchapter 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 articlesubchapter. In the event of a conflict between the general provisions contained in this articlesubchapter and the specific provisions contained in the another articlesubchapter of this divisionchapter, a separate section of this Code, or specific resolution applicable to a particular commission, board of committee, the provisions of that other articlesubchapter, section or resolution shall control.
(Ord. No. 2019-198, § 3, passed 10-1-2019)
Sec. 2-3-2. Committees exempt from this division.
This divisionchapter 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. No. 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 th e city shall, at all times during their incumbencies, be bona fide residents and registered voters of the city unless provided in a specific articlesubchapter of this division 3 of the Code chapter.
(b) Generally, it is the policy of the city council that no person, except members of the city council if specifically authorized in a specific articlesubchapter in this division 3 of the Code title, shall be a member 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 "relatives"RELATIVES 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 "relatives"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. No. 2019-198, § 3, passed 10-1-2019; Ord. No. 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 applications 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 Section§ 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 California Government Code Section § 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 sectiondivision (A), or the city council may, by majority vote of its membership and in lieu of utilizing the procedures set forth in subsectiondivision (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)division (A) above. (Ord. No. 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. No. 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 following the formal appointment process for scheduled vacancies set forth in subsection (a) of section §2-3-4(A) of this article, 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 subsection (a) of section § 2-3-4(A), or the city council may, without utilizing the procedures set forth in subsection (a) of section § 2-3-4(A), reappoint a member to a commission, board or committee by a majority of the membership of the city council.
(Ord. No. 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-ye ar terms or six consecutive years on one commission or committee, that person may again be appointed to serve on that commission or committee after he or she hasthey 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 th is section shall apply retroactively and, therefore, terms that were completed prior to the effective 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, bank ing and audit committee, the military support committee or the youth committee.
(Ord. No. 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. No. 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 his or hertheir term, that member shall automatically vacate his or hertheir 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. No. 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 articlesubchapter 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. No. 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 or hertheir 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. No. 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 Section § 54950 et seq.) applies to the operation of all commissions, boards and committees that are covered by this divisionchapter. 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. No. 2019-198, § 3, passed 10-1-2019)
ARTICLESubchapter 2. INVESTMENT, BANKING AND AUDIT COMMITTEE Sec. 2-3-13. Establishment, membership and appointment. (a) The investment, banking and audi t committee is hereby established. (b) The investment, banking and audit committee shall co nsist 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 coun cil 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 his/hertheir position if absent from three consecutive committee meetings.
(Ord. No. 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 sales .;
(c) Investment management .;
(d) Financial management and planning .;
(e) Commercial banking .;
(f) Governmental entity or private sector financial auditing .; (g) Governmental entity or private sector accounting .; and (h) Other relevant experience.
(Ord. No. 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. No. 2019-198, § 3, passed 10-1-2019)
Sec. 2-3-16. Duties of the committee.
(a) The duties and responsibilities of th e 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 council.;
(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 in vestment portfolio to insure that the city's investments are diversified.; (4) Monitor city staff's practices regarding the hand ling 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 in vestments and potential investment strategies.; (6) Develop and recommend policies to guide the city's banking relationships .; (7) Monitor the city's banking relationships and ad vise city staff of potential issues and concerns.;
(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 staf f and auditors before presentation to the full city council.;
(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 preparat ion, chairperson shall make presentation to the city council regarding investment, banking and audit related matters.; (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. No. 2019-198, § 3, passed 10-1-2019)
Sec. 2-3-17. Time and place of meetings.
The investment, banking and audit committee shall determine when and how frequently to meet. All meetings of the committee shall be held at the City of Laguna Niguel City Hall. (Ord. No. 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. No. 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. No. 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. No. 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 memb ers 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 members 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 m eeting 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 subsection (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. No. 2019-198, § 3, passed 10-1-2019; Ord. No. 2020-203, § 2, passed 2-18-2020; Ord. No. 2022-212, § 2, passed 4-19-2022; Ord. No. 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 units.;
(b) A representative appointed from spouse/family supp ort 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. No. 2019-198, § 3, passed 10-1-2019; Ord. No. 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 an d families of the city council's selected adoptive military units.;
(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 even ts, upon the invitation of the commanding officer (or his/hertheir 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 th e city council on its activities.; and (g) Such other duties and responsibilities as may be assigned by the city council. (Ord. No. 2019-198, § 3, passed 10-1-2019; Ord. No. 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. No. 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 City of 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. No. 2019-198, § 3, passed 10-1-2019; Ord. No. 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 he/shethey 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. No. 2019-198, § 3, passed 10-1-2019; Ord. No. 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. No. 2019-198, § 3, passed 10-1-2019)
ARTICLESubchapter 4. PARKS, RECREATION AND SENIOR COMMISSION Sec. 2-3-28. Establishment, membership and appointment. (a) The parks, recreation, and seni or commission is hereby established. (b) The parks, recreation, and senior comm ission shall consist of seven residents of Laguna Niguelthe city each appointed by the city council in accordance with the procedures for appointing members to City of Laguna Niguel commissions, committees and boards in article 1 of this division of the Laguna Niguel Municipal Code Title 2, Chapter 3, Subchapter 1. The mayor may appoint a member of the city council to act as a liaison between the city council and the commission.
(Ord. No. 2019-198, § 3, passed 10-1-2019; Ord. No. 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. No. 2019-198, § 3, passed 10-1-2019; Ord. No. 2025-234, § 2, passed 3-4-2025) Sec. 2-3-30. Duties and responsibilities of the commission.
The duties and responsibilities 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 wi th 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 organi zations 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. No. 2019-198, § 3, passed 10-1-2019; Ord. No. 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 City of Laguna Niguel City Hall.
(Ord. No. 2019-198, § 3, passed 10-1-2019; Ord. No. 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. No. 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. No. 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. No. 2019-198, § 3, passed 10-1-2019; Ord. No. 2025-234, § 2, passed 3-4-2025) ARTICLESubchapter 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 commissio n shall consist of five residents of Laguna Niguelthe 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 article 1 of this division of the Laguna Niguel Municipal CodeTitle 2, Chapter 3, Subchapter 1. The mayor may appoint a member of the city council to act as a liaison between the city council and the commission. (Ord. No. 2019-198, § 3, passed 10-1-2019)
Sec. 2-3-47. Term of membership.
(A) 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. (B) 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. No. 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 parking .; and (4) Surveying, reviewing and recommending safety pr ograms, 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 Program, provided for by Sections 2900—2910 of the California Vehicle Code § 2900 through 2911.
(c) Act as a body to receive complaints and recommenda tions 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 du ties 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 co uncil 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 vehi cle to come to a full stop or the installation or removal of any existing stop sign within the city;
(2) The installation of any traffi c control sign within the city, except for traffic warning signs as provided in section § 7-4-202; and
(3) The designation of overnight parking zones on certain streets or highways, or portions thereof .; and
(4) The designation of specific street segments fo r 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 tra ffic circulation improvement programs.; (i) After evaluation by the traffic engineer, revi ew, 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.;
(k) Review and evaluate current and anticipate d on-street parking requirements and limitations.; and (l) Undertake such other duties as may be assigned by the city council. (Ord. No. 2019-198, § 3, passed 10-1-2019; Ord. No. 2020-204, § 4, passed 3-3-2020)
Sec. 2-3-49. Time and place of meetings.
The traffic and transportation 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 of Laguna Niguel City Hall. (Ord. No. 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. No. 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. No. 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. No. 2019-198, § 3, passed 10-1-2019)
ARTICLE 8.Subchapter YOUTH COMMITTEE
Sec. 2-3-53. Establishment, membership and appointment. (a) The youth committee is hereby established.
(b) (1) The committee shall consist of up to 15 voting members who shall be high school students residing in Laguna Niguelthe city. (2)Students attending both the public and private high schools that serve the community are eligible for membership.
(c) (1) City staff shall review the applications to insure that the minimum application requirements are satisfied. (2) The 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 coun cil 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. No. 2019-198, § 3, passed 10-1-2019)
Sec. 2-3-54. Term of membership.
(a) The term of office of members of the Laguna Niguel City 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. No. 2019-198, § 3, passed 10-1-2019)
Sec. 2-3-55. Duties of the committee.
The duties and responsibilities of the youth committee shallmay consist of the following:
(a) Maintain and update a Laguna Niguel Teen Web Site.webpage and/or social media; (b) Maintain and update a youth community and volunteer service directory .; (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 fair .; (e) Annually review and recommend new teen recreation programs and events .; (f) Plan one or two teen recreation programs each year .; (g) Participate as volunteer s at city sponsored events.; (h) Work cooperatively with the Dana Point Youth Board on projects of mutual interest.; (i) Hold annual joint meeting with the city council .;
(j) Hold annual joint meeting with the parks and recreation commissionparks, recreation, and senior commission 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
(l) Provide youth input on city projects and/or programs upon request of the city council. (Ord. No. 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 commi ttee shall be held at the City of Laguna Niguel City Hall. (c) A quorum for the transaction of any busines s shall be five members of the committee. (Ord. No. 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. No. 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. No. 2019-198, § 3, passed 10-1-2019)
DivisionChapter 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. No. 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. No. 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. No. 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 himthem in the performance of histheir official duties, including those incurred when traveling on business pertaining to the city. (Ord. No. 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 administrative 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. No. 90-18, § 1(2.08.050), passed 6-19-1990)
Sec. 2-4-6. Powers and duties.
(A) The city manager shall be the administrative head of the government of the city under the direction and control of the city council except as otherwise provided in this divisionchapter. The city manager shall be responsible for the efficient administration of all affairs of the city which are under histheir control. (B) In addition to histheir general powers as administrative head, and not as a limitation thereon, hethey 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 histheir appointment and removal authority, and to subordinate officers and employees of the city under histheir jurisdiction through their department heads;
(5) Conduct studies and effect such organization and reorganization of offices, positions or units under histheir 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 histheir 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 annual budget and the proposed annual salary plan to the city council for its approval;
(9) Keep the city council at all ti mes 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 buildin gs, public parks and all other public properties which are under the control and jurisdiction of the city;
(12) Have the same authority as the mayor when au thorized and directed by the city council to sign documents specified in § 40602 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 exerc ise such other powers as may be delegated to himthem from time to time by ordinance or resolution or other official action of the city council. (Ord. No. 90-18, § 1(2.08.060), passed 6-19-1990; Ord. No. 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 section § 2-4-6(1)(B)(2), the city manager shall not employ or appoint any relative of a currently serving council member. For purposes of this section, the term "relative"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, "relative"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. No. 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 the purpose of inquiry, and neither the city council nor any member thereof shall give orders to any subordinates of the city manager. For purposes of this section, the term "inquiry"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 histheir 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. No. 90-18, § 1(2.08.070), passed 6-19-1990; Ord. No. 2022-213, § 3, passed 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. No. 90-18, § 1(2.08.080), passed 6-19-1990; Ord. No. 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 histheir own volition or upon direction of the city council. At any such meeting which the city manager attends, hethey shall be heard by such commission, board or committee
as to all matters upon which hethey wishes to address the members thereof. HeThey shall inform such members as to the status of any matter being considered by the city council pertaining to that commission, board or committee, and hethey shall cooperate to the fullest extent with members of all commissions, boards or committees appointed by the city council.
(Ord. No. 90-18, § 1(2.08.090), passed 6-19-1990; Ord. No. 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. No. 90-18, § 1(2.08.100), passed 6-19-1990; Ord. No. 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 divisionchapter. (Ord. No. 90-18, § 1(2.08.110), passed 6-19-1990; Ord. No. 2022-213, § 3, passed 4-5-2022) DivisionChapter 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. No. 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. No. 90-18, § 2(2.09.020), passed 6-19-1990; Ord. No. 2000-116, § 2, passed 1-2-2001) Sec. 2-5-3. Functions.
(a) The city clerk shall have all the powers, duties and re sponsibilities granted to and imposed upon the office of the city clerk by the provisions of California Government Code Section § 4080040801 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 resolu tions 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 cust odian 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 StateCalifornia Political Reform Act of 1974, being California 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 an d its officers, agents or employees pursuant to California Government Code § 900 et seq.; and
(12) Perform such other duties consist ent with this Code as may be required of the city clerk by the city council or the city manager.
(Ord. No. 90-18, § 2(2.09.030), passed 6-19-1990; Ord. No. 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. No. 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. No. 90-18, § 3(2.10.020), passed 6-19-1990)
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Sec. 2-6-3. Functions.
The city treasurer shall perform such duties as are prescribed by California Government Code §§ 41000— 41001 through 41007 and by any other provisions of law applicable to deposit, investment and safekeeping of public funds of the city.
(Ord. No. 90-18, § 3(2.10.030), passed 6-19-1990)
DivisionChapter 6.51 DIRECTOR OF FINANCE4
Sec. 2-6.51-1. 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. No. 2000-116, § 3, passed 1-2-2001)
Sec. 2-6.51-2. 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. No. 2000-116, § 3, passed 1-2-2001)
Sec. 2-6.51-3. 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. No. 2000-116, § 3, passed 1-2-2001)
DivisionChapter 7 CITY ATTORNEY
Sec. 2-7-1. Office established; employment of additional attorneys. (a) The office of the city attorney is he reby 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. HeThey 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. No. 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. No. 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:
(1A) Advise the council and all city officers in a ll matters of law pertaining to their offices; (2B) 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; (3C) 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 (4D) 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. No. 90-18, § 4(2.11.030), passed 6-19-1990)
DivisionChapter 8 POLITICAL REFORM
ArticleSubchapter 1. Reserved, §§ 2-8-1—2-8-10
ArticleSubchapter 2. Campaign Contribution Limitations, §§ 2-8-11—2-8-30 ArticleSubchapter 3. Term Limits for Council Members, § 2-8-31
ARTICLESubchapter 1. RESERVED5
Secs. 2-8-1—2-8-10. Reserved.
ARTICLESubchapter 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."
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(Ord. No. 94-71, § 1, passed 2-15-1994)
Sec. 2-8-12. Purpose.
The purpose of this articlesubchapter 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 articlesubchapter 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. No. 94-71, § 1, passed 2-15-1994)
Sec. 2-8-13. Relation to the Political Reform Act of 1974.
This articlesubchapter is intended to supplement the Political Reform Act of 1974. Unless a term is specifically defined in this articlesubchapter 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 9, in which the Political Reform Act of 1974 is codified, as the same may be, from time to time, amended. (Ord. No. 94-71, § 1, passed 2-15-1994)
Sec. 2-8-14. Definitions.
For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
City candidate. means aAny 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. No. 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 cand idate or his controlled committee, and no such candidate or histheir 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 ci ty 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 histheir personal funds to histheir own campaign committee, but shall apply to contributions from a spouse's separate property. (Ord. No. 94-71, § 1, passed 2-15-1994; Ord. No. 99-113, § 1, passed 11-16-1999; Ord. No. 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 pe rson when any of the following circumstances apply:. (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 pare nt-subsidiary relationship. (c) An individual and any general or limited partnership in which the individual has a ten percent10% or more share, or an individual and any corporation in which the individual owns a controlling interest (50% percent or more), shall be treated as one person.
(d) No committee which supports or oppo ses 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. This subdivisiondivision (D) 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. No. 94-71, § 1, passed 2-15-1994; Ord. No. 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 sections § 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. No. 99-113, § 1, passed 11-16-1999)
Editor's note(s)—Ord. No. 99-113, § 1, adopted November 16, 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. No. 94-71, adopted February 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 histheir recall. (Ord. No. 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 articlesubchapter. (b) Every loan to a city candidate or city council me mber 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 articlesubchapter 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 articlesubchapter.
(d) Extensions of credit (other than loans pursuant to section§ 2-8-2019(c)) for a period of more than 30 days are subject to the contribution limitations of this articlesubchapter. (e) This section shall apply only to loans and extensio ns of credit used or intended for use for campaign purposes or which are otherwise connected with the holding of public office. (Ord. No. 94-71, § 1, passed 2-15-1994)
Sec. 2-8-20. Campaign contribution disclosure.
(a) In addition to the requirements co ntained 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 opposition to a city candidate or city measure shall comply with the following requirements. (1A) 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 California Government Code §§ 84100 through 84513. (2B) 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. No. 94-71, § 1, passed 2-15-1994)
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Sec. 2-8-21. Criminal misdemeanor actions.
Any person who willfully violates any provision of this articlesubchapter is guilty of a misdemeanor. Any person who willfully causes or solicits any other person to violate any provision of this articlesubchapter, or who aids and abets any other person in the violation of any provision of this articlesubchapter, shall be guilty of a misdemeanor.
(Ord. No. 94-71, § 1, passed 2-15-1994)
Sec. 2-8-22. Applicability of other laws.
Nothing in this articlesubchapter shall exempt any person from applicable provisions of any other laws of this jurisdiction or the State of California.
(Ord. No. 94-71, § 1, passed 2-15-1994)
Sec. 2-8-23. Interpretation of article.
This articlesubchapter should be liberally construed to accomplish its purposes. (Ord. No. 94-71, § 1, passed 2-15-1994)
Secs. 2-8-24—2-8-30. Reserved.
ARTICLESubchapter 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 or shethey have, has subsequent to the completion of his or 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 subsection (a)division (A) 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, 1996, 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. No. 96-94, § 1, passed 11-5-1996)
ARTICLESubchapter 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 pe rson required to file statements, reports, or other documents required by Chapter 4 (commencing with Section 84100) of Title 9 of the 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 Section § 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 holdin g a position listed in California Government Code Section § 87200 or designated in the city's local conflict of interest code adopted pursuant to California Government Code section § 87300, shall file any required Statement of Economic Interest reports (Form 700) online or electronically with the city clerk.
(Ord. No. 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. No. 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. No. 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 online shall be the day that it is received by the city clerk. (Ord. No. 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. No. 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 Section § 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 Section § 87200 filers.
(Ord. No. 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 online or electronic statement, report, form or other document which shall serve as the official version of that record.
(Ord. No. 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 articlesubchapter.
(Ord. No. 2023-219, § 3, passed 4-4-2023)
DivisionChapter 9 BY-DISTRICT ELECTIONS
Sec. 2-9-1. By-district elections.
(a) Pursuant to California Government Code section § 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 subdivisiondivision (b) of this sectionbelow and subsequently reapportioned as provided by state law. Elections shall take place "by-district" as that term is defined in California Government Code section§ 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 represen t 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 d istrict 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 he or she wasthey 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 section § 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. No. 2023-226, § 2, passed 1-16-2024)
ExhibtExhibit A
Election Sequencing
2024: Odd-numbered
districts
2026: Even-numbered
districts
Laguna Niguel, California, Code of Ordinances
TITLE 3 REVENUE AND FINANCE
TITLE 3
REVENUE AND FINANCE1
DivisionChapter 1. General Provisions
DivisionChapter 2. Transfer of Tax Functions
DivisionChapter 3. Sales and Use Tax
DivisionChapter 4. Real Property Documentary Transfer Tax DivisionChapter 5. Transient Occupancy Tax
DivisionChapter 6. Policies and Procedures for Purchasing of Supplies and Equipment,
for Procuring Professional and Maintenance Services,
and for the Disposal of Surplus Property
DivisionChapter 7. Public Works Bidding Procedures
DivisionChapter 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 under the 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. No. 89-7, §§ 1—3, passed 12-1-1989)
Cross reference(s)— : Highways, rights-of-way and vehicles, tit. 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 section:, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Fee administrator. means tThe finance director of the city or the finance director's designee.
Mobile source air pollution reduction programs. 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 proposed, 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 subsectiondivision (c)(3) of this sectionbelow.
(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.
(5) 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 Code, § 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 § 44244.1(c). (Ord. No. 91-37, §§ 2—4, passed 6-18-1991)
DivisionChapter 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. No. 89-8, § 2(3.20.010), passed 12-12-1989)
DivisionChapter 3 SALES AND USE TAX2
Sec. 3-3-1. Short title.
This divisionchapter shall be known as the “Uniform Local Sales and Use Tax Ordinance”. (Ord. No. 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 divisionchapter shall be one percent1%. (Ord. No. 90-9, § 2(3.21.020), passed 1-16-1990)
Sec. 3-3-3. Operative date.
This divisionchapter shall be operative on December 1, 1989. (Ord. No. 90-9, § 2(3.21.030), passed 1-16-1990)
Sec. 3-3-4. Purpose of division.
The city council hereby declares that this divisionchapter is adopted to achieve the following, among other, purposes, and directs that the provisions of this divisionchapter be interpreted in order to accomplish those purposes:
(1A) 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.; (2B) To adopt a sales and use tax ordinance which incorpor ates 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.; (3C) 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 board of equalization California Department of Tax 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 equalization California Department of Tax and Fee Administration in administering and collecting the state sales and use taxes.; and
(4D) 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 divisionchapter. (Ord. No. 90-9, § 2(3.21.040), passed 1-16-1990)
Sec. 3-3-5. Contract with state.
Prior to the operative date, the city shall contract with the state board of equalization California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this divisionchapter; provided that, if the city shall not have contracted with the state board of equalization California Department of Tax and Fee Administration 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 divisionchapter is derived.
(Ord. No. 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 section§ 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 divisionchapter. (Ord. No. 90-9, § 2(3.21.060), passed 1-16-1990)
Sec. 3-3-7. Place of sale.
For the purposes of this divisionchapter, 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 board of equalization California Department of Tax and Fee Administration.
(Ord. No. 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 section§ 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. No. 90-9, § 2(3.21.080), passed1-16-1990)
Sec. 3-3-9. Adoption of state law—Generally.
Except as otherwise provided in this divisionchapter 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 divisionchapter as though fully set forth in this section.
(Ord. No. 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 board of equalization California 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 equalization California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this divisionchapter; 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. No. 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 Code, § 6067, an additional seller's permit shall not be required by this divisionchapter. (Ord. No. 90-9, § 2(3.21.110), 1-16-90)
Sec. 3-3-12. Exclusions and exemptions.
(a) The amount subject to tax under this division shall not include any sales or use tax imposed by the state upon a retailer or consumer. 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.
(b) The storage, use or other consumption of tangible personal property, the gross receipts from the sale of which have been subject to tax under a sales and use tax ordinance enacted in accordance with Revenue and Taxation Code § 7200 et seq., by any city and/or county in this state shall be exempt from the tax due under this division.
(cb) 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. (dc) 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. No. 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 divisionchapter. This divisionchapter 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 divisionchapter.
(Ord. No. 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 Code, §§ 7200 et seq., of any tax or any amount of tax required to be collected.
(Ord. No. 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 divisionchapter 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. No. 90-9, § 2(3.21.150), passed 1-16-1990)
Sec. 3-3-16. Severability.
If any provision of this divisionchapter or the application thereof to any person or circumstance is held invalid, the remainder of the divisionchapter and the application of such provision to other persons or circumstances shall not be affected thereby.
(Ord. No. 90-9, § 2(3.21.160), passed 1-16-1990)
Sec. 3-3-17. Effective date of division.
This divisionchapter relates to taxes for the usual and current expenses of the city and shall take effect immediately.
(Ord. No. 90-9, § 2(3.21.170), passed 1-16-1990)
DivisionChapter 4 REAL PROPERTY DOCUMENTARY TRANSFER TAX Sec. 3-4-1. Short title; statutory authority.
This divisionchapter 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. No. 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 $0.27½ and one-half for each $500.00 of consideration or value or fractional part thereof. (Ord. No. 89-8, § 3(3.22.020), passed 12-12-1989)
Sec. 3-4-3. Payment.
Any tax imposed pursuant to section§ 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. No. 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 divisionchapter shall not apply to any instrument in writing given to secure a debt.
(Ord. No. 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 divisionchapter 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. No. 89-8, § 3(3.22.050), passed 12-12-1989)
Sec. 3-4-6. Tax inapplicable to conveyances to make effective plan of reorganization or adjustment.
(A) Any tax imposed pursuant to this divisionchapter shall not apply to the making, delivering or filing of conveyances to make effective any plan of reorganization or adjustment:
(1) Confirmed under the federal Bankruptcy ActCode, being Title 11 U.S.C., as amended; (2) Approved in an equity receiversh ip 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 receiversh ip 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.
(B) Subsections (1) to (4)Divisions (A)(1) to (A)(4), inclusive, of this section above 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)
Sec. 3-4-7. Tax inapplicable to conveyances made pursuant to order of Securities and Exchange Commission.
Any tax imposed pursuant to this division shall not apply to the making or delivery of conveyances to make effective any order of the Securities and Exchange Commission, as defined in subdivision a. of section 1083 of the Internal Revenue Code of 1954; but only if:
(1) The order of the Securities an d Exchange Commission in obedience to which such conveyance is made recites that such conveyance is necessary or appropriate to effectuate the provisions of section 79k of title 15 of the United States Code, relating to the Public Utility Holding Company Act of 1935. (2) Such order specifies the property which is ordered to be conveyed. (3) Such conveyance is made in obedience to such order. (Ord. 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 divisionchapter by reason of any transfer of an interest in a partnership or otherwise, if:
(1) Such partnership, or another partnership, is consid ered a continuing partnership within the meaning of section 708 of the Internal Revenue Code of 1954 I.R.C. § 708; and (2) Such continuing partnership continue s to hold the realty concerned. (b) If there is a termination of an y partnership within the meaning of section 708 of the Internal Revenue Code of 1954 I.R.C. § 708, for purposes of this divisionchapter, such partnership shall be treated 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 divisionchapter by reason of a termination described in subsectiondivision (b) of this sectionabove and any transfer pursuant thereto with respect to the realty held by such partnership at the time of the termination. (Ord. No. 89-8, § 3(3.22.080), passed 12-12-1989)
Sec. 3-4-9. Administration of division.
The county recorder shall administer this divisionchapter 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. No. 89-8, § 3(3.22.090), passed 12-12-1989)
I _ ---__ _
Sec. 3-4-10. Claims for refund.
Claims for refund of taxes imposed pursuant to this divisionchapter shall be governed by the provisions of California Revenue and Taxation Code § 5096 et seq.
(Ord. No. 89-8, § 3(3.22.100), passed 12-12-1989)
DivisionChapter 5 TRANSIENT OCCUPANCY TAX3
Sec. 3-5-1. Short title.
This divisionchapter shall be known as the “Uniform Transient Occupancy Tax”. (Ord. No. 89-8, § 4(3.25.010), passed 12-12-1989)
Sec. 3-5-2. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Hotel. means aAny 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, lodging house, rooming house, 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.
Occupancy. means tThe 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.
Operator. means tThe 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 divisionchapter and has the same duties and liabilities as his principal.
Compliance with the provisions of this divisionchapter by either the principal or the managing agent is, however, considered to be compliance by both.
Person. 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. No. 89-8, § 4(3.25.020), passed 12-12-89)
Cross reference:(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 eight percent8% 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. No. 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 whic h, it is beyond the power of the city to impose the tax provided in this division.
(2) Any federal or state officer or em ployee 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.
(b) 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. No. 89-8, § 4(3.25.040), passed 12-12-89)
Sec. 3-5-5. Operator's duties.
(A) 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.
(B) 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.
(A)(C) 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. No. 89-8, § 4(3.25.050), passed 12-12-89)
Sec. 3-5-6. Registration of operators.
(A) 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 premises. (A)(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 th e 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. No. 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 himthem, 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 hethey 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. No. 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 ten percent10% 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 ten percent10% of the amount of the tax in addition to the amount of the tax and the ten percent10% penalty first imposed, up to a maximum of 50% percent.
(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% percent of the amount of the tax shall be added thereto in addition to the penalties stated in subsectionsdivisions (a) and (b) of this sectionabove.
(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%one percent 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. No. 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 ta x and to make, within the time provided in this divisionchapter, any report and remittance of the tax or any portion thereof required by this divisionchapter, the tax administrator shall proceed in such manner as hethey deems best to obtain facts and information on which to base histheir estimate of the tax due. As soon as the tax administrator procures such facts and information as he isthey 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, hethey shall proceed to determine and assess against such operator the tax, interest and penalties provided for by this divisionchapter. 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 histheir 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, determined 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 determ ine 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 section § 3-5-10.
(Ord. No. 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 divisionchapter 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 within 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 histheir 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 section § 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. No. 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 hethey 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. No. 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 this divisionchapter it may be refunded as provided in subsectionsdivisions (b) and (c) of 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 subsectiondivision (a) of this sectionabove, 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 section , unless the claimant establishes histheir right thereto by written records showing entitlement thereto. (Ord. No. 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 divisionchapter 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 divisionchapter is liable to an action brought in the name of the city for the recovery of such amount. (Ord. No. 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 divisionchapter 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 divisionchapter is guilty of a misdemeanor.
(Ord. No. 89-8, § 4(3.25.140), passed 12-12-89)
DivisionChapter 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. No. 95-83, § 1, passed 7-18-95; Ord. No. 2001-120, § 1, passed10-16-01; Ord. No. 2019-196, § 1, passed 3-19- 19)
Sec. 3-6-2. Authority and responsibility.
(a) The authority and responsibility fo r 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 divisionchapter on the purchasing officer. The director of each city department is responsible for administering and ensuring compliance with the purchasing policies for his/hertheir department.
(b) In addition to administering these policies and procedures, each department director , or his/hertheir 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 one percent1% for that part of the purchase upon which the city will pay sales tax. The one-percent1% 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 equipmen t 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 outlined in § 6-3-708.
(c) The term "department director," as used in this divisionchapter 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 specific ally 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 California Government Code § 87100 et seq. or California Government Code § 1090.
(Ord. No. 95-83, § 1, passed 7-18-95; Ord. No. 2001-120, § 1, passed 10-16-01; Ord. No. 2019-196, § 2, passed 3- 19-19)
Sec. 3-6-3. Determination of purchasing requirements and surplus. (a) The adopted budget for each department for each fiscal year shall include funding for the necessary supplies, equipment and services for that department during the fiscal year. (b) Each department director , or his/her 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 divisionchapter.
(Ord. No. 95-83, § 1, passed 7-18-95; Ord. No. 2001-120, § 1, passed 10-16-01; Ord. No. 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.
(1A) 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.
(2B) 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.
(3C) 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 bidsquotes from vendors and each of these bidsquotes and the efforts to obtain them must be documented.
(4D) 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 bidsquotes must be obtained from vendors and each of these bidsquotes must be documented.
(5E) For purchases of more than $50,000.00 or more, the city council must approve the purchase order and/or contract for the purchase. Prior to city council approval, three written bids must be obtained from prospective vendors. The city council may authorize that such purchase orders or contracts be executed by the city manager, or the purchasing officertheir designee. (Ord. No. 95-83, § 1, passed 7-18-95; Ord. No. 2001-120, § 1, passed 10-16-01; Ord. No. 2019-196, § 4, passed 3- 19-19)
Sec. 3-6-5. 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 term, 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. 3-6-6. Division of Contracts
The City prohibits separating or dividing contracts to reduce the cost of a contract below a specified amount to avoid the requirements of this policy. Contracts may be divided to meet scheduling needs of a project.
Sec. 3-6-7. Multi-Year Contracts
(a) Multi-Year contracts are permitted when they are in the best interest of the City.
(b) The dollar value of the multi-year contract shall be the total contract value, including optional renewal periods. Once initially approved, any contract renewals may be done administratively by the City Manager or their delegate, if the pre-priced option is consistent with the terms of the original contract.
(c) The cumulative purchase threshold requirements outlined in this policy do not apply to public projects as provided in LNMC 3-7-1.
Sec. 3-6-58. Competitive bidding procedures.
(a) For purchases of supplies or equi pment with a value of more than $3,000.00 but less than $10,000.00, the applicable department shall attempt to receive three verbal bidsquotes from vendors and each of these bidsquotes 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 bidsquotes must be obtained; and the applicable department shall solicit bidsquotes 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 responsible bidder satisfactory quote, consistent with the quality, quantity, and delivery requirements. The lowest responsible biddersatisfactory 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 attempt to receive three verbal bidsquotes from vendors and each of these bidsquotes 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 biddersproposers.
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. No. 95-83, § 1, passed 7-18-95; Ord. No. 2001-120, § 1, passed 10-16-01; Ord. No. 2019-196, § 5, passed 3- 19-19)
Sec. 3-6-69. 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 termination date equal to or prior to the contract termination date listed in the cooperative purchase agreement.
(Ord. No. 95-83, § 1, passed 7-18-95; Ord. No. 2001-120, § 1, passed 10-16-01; Ord. No. 2019-196, § 6, passed 3- 19-19)
Sec. 3-6-107. Exemption from bidding.
The bidding requirements set forth in this divisionchapter may be waived, at the discretion of the city manager, when any of the following is applicable:
(1A) The product is proprietary.
(2B) 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.
(3C) The city manager finds that emergency condition s require the immediate purchase of supplies or equipment.
(4D) Sufficient, satisfactory bids are not received.
(5E) Supplies or equipment are procured through a cooperative purchasing program with the federal, state, county, or other public agencies.
(6F) The product can be obtained from only one vendor (sole source). (7G) The purchase of a specific brand name, make or model is necessary to match existing city equipment or facilitate effective maintenance and support.
(8H) The bidding requirements of this divisio n are waived by the city council. (I) Non-discretionary Payments - Payments to utility 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 with vendors previously approved by the City Council, which would require significant advanced planning and complications/interruptions in service delivery to change service providers, such as but not limited to banking services, software license and other technology agreement renewals, 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 City Manager may waive the competitive proposals process for purchases under $50,000 if it is determined that requiring proposals would be inappropriate, yield no substantive benefit, or render it impractical to obtain the necessary goods or services.
(Ord. No. 95-83, § 1, passed 7-18-95; Ord. No. 2001-120, § 1, passed 10-16-01; Ord. No. 2019-196, § 7, passed 3- 19-19)
Sec. 3-6-811. Professional service contracts.
(a) Professional services are defined as services provid ed 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 section § 3-6-58 are applicable to the procurement of professional services.
(c) For contracts for which the estimate d 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 department shall attempt to receive three verbal bidsquotes from vendors and each of these bidsquotes 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 estimate d cost of services is more than $10,000.0025,000.00, a request for proposal shall be prepared and submitted to prospective biddersproposers and bidsproposals shall be obtained from prospective bidders and reviewed.
(f) The purchasing officer may enter into and execute co ntracts 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 bidsolicited by obtaining at least three proposals for providing the required services, evaluating the proposals pursuant to criteria set forth in subsectiondivision (b), 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. No. 95-83, § 1, passed 7-18-95; Ord. No. 2001-120, § 1, passed 10-16-01; Ord. No. 2019-196, § 8, passed 3- 19-19)
Sec. 3-6-912. Maintenance contracts.
For the award of contracts for the maintenance and repair of city equipment and facilities, the following procedures shall be followed:
(1A) For contracts for which the estimate d 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.
(2B) 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 department shall attempt to receive three verbal bidsquotes from vendors and each of these bidsquotes 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 when the cost for the provision of such services does not exceed $10,000.00. (3C) For contracts for which the estimate d cost of services is more than $1025,000.00, a request for proposal shall be prepared and submitted to prospective biddersproposers, bidsproposals shall be obtained from prospective bidders and reviewed, and the contract shall be awarded based on the responsiveness of the bidsproposals to the request for proposal, the qualifications and experience of the contractors and the amount of the price or prices included in the bidsproposal. (4D) 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. (5E) Maintenance and repair contracts for which the co st 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. No. 95-83, § 1, passed 7-18-95; Ord. No. 2001-120, § 1, passed 10-16-01; Ord. No. 2019-196, § 9, passed 3- 19-19)
Sec. 3-6-1013. Miscellaneous services.
(a) Miscellaneous services are defined to include the services that are not professional services or maintenance and repair services as those terms are used in this divisionchapter. 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.
(b) 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 department shall attempt to receive three verbal bidsquotes from vendors and each of these bidsquotes 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 when the cost of such services does not exceed $10,000.00.
(c) For contracts for which the estimate d cost of services is more than $1025,000.00, a request for proposal shall be prepared and submitted to prospective biddersproposers, bidsproposals shall be obtained from prospective biddersproposers and reviewed, and the contract shall be awarded based on the responsiveness of the bidsproposals to the request for proposal, the qualifications and experience of the contractors and the amount of the price or prices included in the bidsproposals. (d) 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.
(e) 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. No. 95-83, § 1, passed 7-18-95; Ord. No. 2001-120, § 1, passed 10-16-01; Ord. No. 2019-196, § 10, passed 3- 19-19)
Sec. 3-6-1114. Disposal of surplus or obsolete property. (a) 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. (b) The purchasing officer shall have the authority to exch ange 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 d ispose of surplus property or equipment by auction or sale or otherwise after receiving bids or proposals which, in histheir 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 histheir 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 histheir 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. No. 2019-196, § 11, passed 3-19-19)
Sec. 3-6-15. Purchasing Cards
The city may provide purchasing cards to city staff to make purchases for official city business. These purchases are subject to the terms and conditions of this policy. A purchasing card shall not be used to avoid the requirements as listed in this policy or due to a lack of insurance and/or indemnification language associated with such transactions.
Sec. 3-6-16. Personal Financial Interests in City Contract (A) City Council members, city staff and direct family members shall not have a financial interest in any contract made by them in their official capacity (California Government Code §1090). (B) City Council members, city staff and direct family member shall not participate in any way to influence a governmental decision in which they have a financial interest (California Government Code, §87100). (A)(C) The Political Reform Act (California Government Code, §§ 81000 through 91014) requires designated city officials and employees to publicly disclose their personal assets and income using a Statement of Economic Interests form (Form 700).
DivisionChapter 7 PUBLIC WORKS BIDDING PROCEDURES4
Sec. 3-7-1. Informal and formal bidding limits and procedures. (A) The informal and formal bidding limits for "public projects", as defined in the Uniform Public Construction Cost Accounting Act, California Public Contract Code § 22000, et seq., shall be as set forth in § 22032, as those limits may be amended from time to time.
(B) In accordance with the foregoing bidding limits and the current City Council Purchasing Policy, public works projects may be:
(i1) performed by city employees by force account, by negotiated contract, or by purchase order; (ii2) let to contract by informal bidding procedures set forth in this divisionchapter; or (iii3) let to contract by formal bidding procedures set forth in this divisionchapter. (C) Public projects performed under a negotiated contract or a purchase order shall attempt to receive three verbal bids from vendors, and each bid and the efforts to obtain it must be documented. Such contracts shall be awarded based on the qualifications and experience of the contractor and the amount of the contract prices.
Negotiated contracts may be awarded and executed by the City Manager. (Ord. No. 2020-208, § 1, passed 8-18-20)
Sec. 3-7-2. Contractors list for informal bidding.
A list of contractors shallmay 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. No. 2020-208, § 1, passed 8-18-20)
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
Sec. 3-7-3. Notice inviting informal bids.
(a) All contractors on the list, if any, developed in accordance with section § 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 propriet ary 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 by law.
(e) All mailing of notices to contractors and constructi on trade journals pursuant to this section shall be completed not less than ten calendar days before bids are due. (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 section § 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. No. 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. No. 2020-208, § 1, passed 8-18-20)
Sec. 3-7-5. Award of contracts.
(a)(1) 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. (2) If, 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:
I -
I -
(1a) Abandoning the project or readvertising for bids in the manner described by this divisionchapter. (2b) 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 divisionchapter. (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 info rmal bidding procedure, the project may be performed by the employees of the city by force account, or negotiated contract without further complying with this divisionchapter.
(d) Notwithstanding the foregoing, the city manager is authorized to award informally bid contracts pursuant to this section.
(Ord. No. 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 public works proj ects require compliance with applicable provisions of the Public Contract Code whether or not informal or formal bidding, or no bidding, is required. (Ord. No. 2020-208, § 1, passed 8-18-20)
Sec. 3-7-7. Delegation of design approval authority.
(a) The City Council hereby delegates to the City Engi neer/Public Works Director discretionary authority to approve the plan or design of a construction of, or an improvement to, public property, and by signing any contract for the construction of, or an improvement to, public property, the City Engineer/Public Works Director shall be deemed to have so approved the plan or design by executing such instrument.
TITLE 5
BUSINESS AND SPECIAL LICENSES; BUSINESS REGULATIONS
Chapter 1. General Provisions
Chapter 2. License Procedure and General License Requirements Chapter 3. Specific Additional License Requirements and Business Regulations
Chapter 4. Cable Communications Franchise Ordinance
Chapter 5. Adult-Oriented Businesses
Chapter 6. Permitting of Taxicabs and Taxicab Businesses Reserved
Chapter 7. Sidewalk Vending
Chapter 1 GENERAL PROVISIONS
Subchapter 1. Definitions, §§ 5-1-1—5-1-28
Subchapter 2. Licenses Required, §§ 5-1-29—5-1-40
Subchapter 3. Business Regulations, § 5-1-41
SUBCHAPTER 1. DEFINITIONS
§ 5-1-1 Reserved.
Ord. 2022-215, § 6, adopted 6-72022, repealed § 5-1-1, which pertained to definitions (A) and derived from Ord. 90-11, § 5, passed 3-6-1990.
§ 5-1-2 Definitions (B).
For the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Business. Any business, trade, occupation, practice or profession.
Business solicitor or canvasser. See Canvasser in § 5-1-3. (Ord. 90-11, § 5, passed 3-6-90)
§ 5-1-3 Definitions (C).
For the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Canvasser. Any person not having an established place of business in the city who, for themselfthemselves or as an agent of another, goes from house to house for the purpose of soliciting orders or subscriptions for any goods, wares, merchandise or product, of any nature or description, for future delivery, whether or not advance
payments are collected at the time the order or subscription is taken, except salespeople or solicitors regularly employed by any wholesale house or jobber who take or solicits orders from retailers or other merchants conducting a regularly established place of business, or any person who sells or offers for sale any goods, wares, merchandise or products in their possession where such goods wares, merchandise or products are delivered at the time and place the sale is made, or persons selling, offering for sale or delivering to purchasers any farm or garden products where the products are raised or produced upon the property of the persons offering the products for sale, whether or not the property is owned or leased by such persons.
City Manager. The City Manager of Laguna Niguel or their designee(s).
Coin-currency dealer. A person dealing in a business where coins or currency are bought, sold, traded, pawned, auctioned or accepted for sale on consignment at a price above the face value of such coins or currency upon the basis, express or implied, that the value above the face value is derived from the age, rareness, condition, mineral content or historical associations of the coins or currency. Except for coins or currency, the term "coin- currency dealer" shall not include a shop where secondhand merchandise, including but not limited to jewelry or metals, is bought, sold, traded, pawned, auctioned or accepted for sale on consignment. Shops which buy, sell, trade, pawn, auction or accept for sale on consignment coins or currency at a price above the face value of such coin or currency and where secondhand merchandise other than coins or currency is bought, sold, traded, pawned, auctioned or accepted for sale on consignment shall comply with § 5-3-105 as to such other secondhand merchandise.
Commercial. Operated or carried on primarily for financial gain.
Commercial garbage. Any garbage other than garbage produced upon the premises covered by the license provided for in this title.
Commercial manure dealer means any person who, for a fee, gathers, collects, hauls, stockpiles, spreads or sells any manure or manure-like substance.
(Ord. 90-11, § 5, passed 3-6-90; Ord. 2022-215, § 7, passed 6-7-22) § 5-1-4 Definitions (D).
For the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Dance instructor. Any person, male or female, who participates or otherwise engages in, while nude, any dance instruction, lesson, demonstration or exhibition conducted in a dance studio.
Dance studio. Any premises or mobile facility where there is conducted the business or transaction of furnishing, providing or procuring dancing instructors for the purpose of providing dance instruction, lessons, demonstrations or exhibitions, while nude, to any person who pays a fee or any other thing of value as consideration, compensation or gratuity for the right or opportunity to dance with or observe such nude dancing instructor.
(Ord. 90-11, § 5, passed 3-6-90)
§ 5-1-5 Definitions (E).
For the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Entertainment. That which engages the attention agreeably, amuses or diverts, whether in private, as by conversation, music or other manner, or in public, by performances, conversation, music or other manner.
Escort. Any person who, for pecuniary compensation:
(1) Escorts, accompanies or consorts with another person to, from or about social affairs, entertainments, places of public assembly or places of amusement located or situated within the city; (2) Escorts, accompanies or consorts with another person in or about any place of public or private resort or within any private quarters located or situated within the city; or (3) Escorts, accompanies or consor ts with another person in or about any business or commercial establishment, or part or portion thereof, located or situated within the city.
Escort bureau. Any business, agency or self-employed or independent escort who, for pecuniary compensation, furnishes or offers to furnish escorts within the city.
Established place of business. The place where any person conducts any retail or other establishment having a permanent address and being regularly open for business from day to day during ordinary business hours. (Ord. 90-11, § 5, passed 3-6-90)
Sec. 5-1-6. Definitions (F).
For the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Figure model. Any person, male or female, who poses, or otherwise conducts himself or herself, to be observed, viewed, sketched, painted, drawn, sculptured, photographed, filmed, videotaped or otherwise similarly depicted., except when such conduct is done in one of the institutions exempted under the definition of the term "figure model studio."
Figure model studio means any premises or mobile facility where there is conducted the business or transaction of furnishing, providing or procuring figure models who pose for the purpose of being observed or viewed by any person or being sketched, painted, drawn, sculptured, photographed, filmed, videotaped or otherwise similarly depicted in the nude before persons who pay a fee or any other thing of value as consideration, compensation or gratuity, for the right or opportunity to so observe a figure model, or for admission to, permission to or as a condition of remaining on the premises. The term "figure model studio" does not include any studio or classroom which is operated by any public agency, or any public or private educational institution authorized under Education Code § 94300 et seq. to issue and confer a diploma or degree. (Ord. 90-11, § 5, passed 3-6-90)
§ 5-1-7 Definitions (G).
For the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Garbage. All animal and vegetable refuse or residue from kitchens, canneries, bakeries, restaurants, lunchstands, meat, fish, fruit or vegetable markets and other food handling places, and all household waste or residue that results from the preparation or care for or treatment of foodstuffs intended to be used as food or which has resulted from the preparation or handling of food for human consumption, or any decayed and unsound meat, fish, fruit and vegetables.
(Ord. 90-11, § 5, passed 3-6-90; Ord. 2022-215, § 8, passed 6-7-22) § 5-1-8 Reserved.
§ 5-1-9 Definitions (I).
For the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Interlocutrix means any person who engages in conversation, meditation or communication of any nature while nude in a rap session establishment.
Introductory service. A service offered or performed within the city by any person for pecuniary compensation, the principal purpose of which is to aid persons to become socially acquainted or to otherwise assist persons to meet for social purposes, or which service is generally known or should be known by the offering or performing party to be used by the recipients thereof for the purpose of obtaining information about other persons to be used for social purposes.
Issuing Director. The official designated to issue licenses as set forth in § 5-2-1. (Ord. 90-11, § 5, passed 3-6-90)
§ 5-1-10 Definitions (J).
For the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Junk collector. Any person having no fixed place of business in the city engaged in or carrying on the business of collection, buying or selling from house to house or from place to place, gathering, collecting, buying or otherwise dealing in any old rags, sacks, bottles, cans, papers, metal or other articles commonly known as junk.
Junk dealer. Any person having a fixed place of business in the city engaged in or carrying on the business of buying or selling, either at wholesale or retail, any old rags, sacks, bottles, cans, papers, metal or other articles commonly known as junk.
(Ord. 90-11, § 5, passed 3-6-90)
§ 5-1-11 Reserved.
Ord. 2022-215, § 9, adopted June 7, 2022, repealed § 5-1-11, which pertained to definitions (K) and derived from Ord. 90-11, § 5, passed 3-6-1990.
§§ 5-1-12 – 5-1-14 Reserved.
§ 5-1-13 Definitions (M).
Massage means a method of treating the external parts of the body for remedial or hygienic purposes, consisting of rubbing, stroking, kneading, adjusting or tapping with the hand or any instrument.
Massage parlor means any Turkish bath parlor, Battle Creek system treatments, magnetic healing institute, massage parlor or other place or institution where treatment of any nature for the human body is given by means of massage.
Massagist means both the singular and plural, and shall mean and include any person who practices massage, except a physician, surgeon, chiropractor, osteopath or registered physical therapist or any nurse or other person working under the direct supervision of a physician, surgeon, chiropractor, osteopath or registered physical therapist duly licensed to practice their respective professions in the state.
Mobile X-ray operator means any person who owns or legally possesses or operates a mobile X-ray unit.
Mobile X-ray unit means any X-ray generator which is or can be used for the purpose of making medical diagnostic photofluorographic films of persons, and which is installed in or upon a motor vehicle or trailer so that it may be transported from place to place.
(Ord. No. 90-11, § 5, 3-6-90)
§ 5-1-14 Reserved.
§ 5-1-15 Definitions (N).
For the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Nude. Shall have the same meaning as that contained in § 11-12-2. (Ord. 90-11, § 5, passed 3-6-90)
§ 5-1-16 Definitions (O).
For the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Outdoor gathering. Any music festival, dance festival, public dance, show or similar gathering at which music or entertainment is provided by professional or amateur performers, or by prerecorded means, which is held at any place other than in a public building or permanent installation, which permanent installation has been constructed for the purpose of or so constructed that it can be used for the conducting of such activities as determined by the director of community development, to which members of the public are invited or admitted for a charge or free of charge and which is attended by more than 2,500 persons. Parades otherwise licensed by proper governmental authority are not included within this definition. (Ord. 90-11, § 5, passed 3-6-90)
Sec. 5-1-17. Definitions (P).
For the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Pawnbroker. A person engaged in conducting, managing or carrying on the business of pawnbroking or the business of lending money for themselfthemselves or any other person upon personal property, pawns or pledges, or the business of purchasing articles of personal property and reselling or agreeing to resell such articles to the vendors or their assignees at prices agreed upon at or before the time of such purchase.
Pecuniary compensation. Any commission, fee, gratuity, hire, profit or reward, or any other form of consideration.
Peddler. Every person who travels from place to place or has a stand upon any public street, alley or other public place, in the doorway of any room or building, or upon any lot or parcel of land, who sells or offers for sale any goods, wares or merchandise in their possession, other than food, except salespeople or solicitors regularly employed by any wholesale house or jobber who take or solicit orders from retailers or other merchants conducting a regularly established place of business. Peddler includes sidewalk vendors, as defined in § 5-7-1.
Person. Both the singular and the plural, and shall also mean and include a person, individual, firm, corporation, copartnership, association, club, society or any other organization.
Pool room means any place open to the public where billiards, pool or bagatelle is played, except a private house and except the rooms of a bona fide fraternal organization, where the general public is allowed to play therein, whether any compensation or reward is charged for the use of such tables or not.
Profit interest. Any interest or share in the present or prospective profit of an escort bureau or introductory service.
Public baths means any place where there is given steambaths, electric lights baths, electric tub baths, showerbaths, sponge baths, sunbaths, mineral baths, vapor baths, Russian, Swedish or Turkish baths or any other type of baths or fomentations, or alcohol rubs or any other types of rubs, or where there is given salt glows or any type of therapy, and includes any public bathing place which has in connection therewith a steam room, hot room, plunge, showerbath or sleeping accommodations.
Public dance. A gathering of persons in or upon any premises where dancing is participated in, either as the main purpose of such gathering or as an incidental to some other purpose, and to which premises the public is admitted, either with or without charge, and to which not more than 2,500 persons shall be admitted. (Ord. 90-11, § 5, passed 3-6-90; Ord. 2020-206, § 6, passed 7-21-20; Ord. 2020-207, § 6, passed 8-4-20; Ord. 2022-215, § 10, passed 6-7-22)
§§ 5-1-18 – 5-1-19 Reserved.
Sec. 5-1-19. Definitions (R).
Rap session establishment means any premises or mobile facility where there is conducted the business or transaction of furnishing, providing or procuring interlocutrices to engage in conversation, meditation or communication of any nature while nude with any person who pays a fee or any other thing of value as consideration, compensation or gratuity for the right or opportunity to engage in such communication.
Recognized school of massage means any school or institution of learning which has for its purpose the teaching of the theory, method, profession or work of massagist, and which school requires a resident course of study of not less than 200 hours to be given in not less than three calendar months before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning, showing the successful completion of such course of study or learning.
Roadside market means any vehicle, booth, stand, tent, house or other place or structure at or in which goods, wares, merchandise, food, products, vegetables or other commodities are sold, exposed for sale, bartered or given away, or where any business of any nature or kind is transacted. Roadside market does not include sidewalk vendors, as defined in section 5-7-01 of article 1 of division 7 of title 5. (Ord. No. 90-11, § 5, 3-6-90; Ord. No. 2020-206, § 7, 7-21-20; Ord. No. 2020-207, § 6, 8-4-20) § 5-1-20 Definitions (S).
For the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Secondhand dealer. Any person whose business is that of engaging in buying, selling, trading, taking in pawn, accepting for sale on consignment, accepting for auctioning or auctioning secondhand personal property. The term "secondhand dealer" also means any person who owns or operates an auction or any other event at which two or more persons offer secondhand personal property for sale or exchange and where a fee is charged for the privilege
either of offering or displaying such property for sale or exchange or for admission of prospective buyers to the area where such property is offered or displayed for sale or exchange, but does not include a person who owns the land on which the auction or event occurs if they have no control over such auction or event and has no personal knowledge of any facts arising from such auction or event which constitute a violation of any provisions of this title.
Security officer means an individual engaged in the act of guarding property as the owner, member or employee of a security system.
Security system means any private service or private system which purports to furnish or does furnish to members or subscribers any watchman or guard, either uniformed or otherwise, or any guard dog, to patrol any part of the city or to guard or watch any property, including guarding against theft or fire, or both, or to perform any service usually and customarily performed by the chief of police in his capacity as a peace officer. The term "security system" does not include the guarding of property of a single owner by one or more individuals who are employed by such owner.
Show. A carnival, tent show or show in the open air, or in a hall or building not specifically constructed for theatrical purposes, wherein carnivals, circuses, dog or pony shows, or dramatic, musical or theatrical performances are given to audiences not exceeding 2,500 persons.
Specified anatomical areas. As defined in § 5-1-1 of the Orange County Code. For purposes of Title 5, Chapter 3, Subchapter 22, includes any of the following:
(1) Less than completely and opaquely covered:
(a) Human genitals or pubic region;
(b) Buttock; and
(c) Female breast below a point immediately above the top of the areola. (2) Human male genitals in a discernibly turgid st ate, even if completely and opaquely covered.
Specified sexual activity. As defined in § 5-1-1 of the Orange County Code. For purposes of Title 5, Chapter 3, Subchapter 22, includes the following:
(1) Actual or simulated sexual intercou rse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism or zooerasty;
(2) Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; (3) Use of human or animal ejaculation, sodomy , oral copulation, coitus or masturbation; (4) Fondling or touching of nude human genitals, pubic region, buttocks or female breast; (5) Masochism, erotic or sexually oriented to rture, beating or the infliction of pain; (6) Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or (7) Human excretion, urination, menstruation, or vaginal or anal irrigation. (Ord. 90-11, § 5, passed 3-6-90)
Sec. 5-1-21. Definitions (T).
Taxicab stand means the portion of a street or highway designated by the director of community development pursuant to this title for the use of taxicabs while waiting for employment.
(Ord. No. 90-11, § 5, 3-6-90)
§§ 5-1-21—5-1-28 Reserved.
SUBCHAPTER 2. LICENSES REQUIRED
§ 5-1-29 Businesses requiring license.
It shall be unlawful for any person to engage in, conduct, manage or carry on any of the following businesses, practices, professions or occupations within the city without first having obtained a license therefor in accordance with Title 5, Chapter 2:
(A) Reserved;
(B) Reserved;
(C) Bingo games;
(D) Business solicitor or canvasser;
(E) Reserved;
(F) Reserved;
(G) Reserved;
(H) Reserved;
(I) Mobile X-ray unit operator. Reserved;
(J) Outdoor gathering;
(K) Pawnbroker, pawnshop, junk dealer, junk collect or, secondhand dealer or coin-currency dealer; (L) Peddler;
(M) Reserved;
(N) Pool room. Reserved;
(O) Public bath, massagist or massage parlor. Massage Establishments; (P) Public dance.Reserved;
(Q) Retail sale of concealable firearms;
(R) Security system or security officer. Reserved;
(S) Show. Reserved;
(T) Taxicab stand. Reserved;
(U) Figure model studio and figure models;
(V) Dance studio and dance instructors;
(W) Rap session establishment and interlocutrices. Reserved; (X) Escort, escort bureau and introductory services; and (Y) Sidewalk vending.
(Ord. 90-11, § 5, passed 3-6-90; Ord. 2020-206, § 4, passed 7-21-20; Ord. 2020-207, § 3, passed 8-4-20; Ord. 2022-215, § 11, passed 6-7-22)
§ 5-1-30 Multiple businesses.
This title shall apply to each and every business, trade, occupation, profession or practice enumerated in this title and conducted in the city, whether carried on individually or in conjunction with any other activity. (Ord. 90-11, § 5, passed 3-6-90)
§§ 5-1-31—5-1-40. Reserved.
SUBCHAPTER 3. BUSINESS REGULATIONS
§ 5-1-41. Scope.
The business regulations contained in Title 5, Chapter 3 shall apply to any business, occupation, practice, profession or trade conducted in the city named in Title 5, Chapter 3, whether or not a license from the city is required or obtained therefor.
(Ord. 90-11, § 5, passed 3-6-90)
Chapter 2 LICENSE PROCEDURE AND GENERAL LICENSE REQUIREMENTS Subchapter 1. Application, Fe es and Issuance; Revocation; AppealsRequests for Review, §§ 5-2-1—5-2- 1923
SUBCHAPTER 1. APPLICATION, FEES AND ISSUANCE; REVOCATION;
APPEALSREQUESTS FOR REVIEW
§ 5-2-1 Issuing officer.
All licenses issued pursuant to this title shall be issued by the issuing officer, who in the case of licenses for shows and mobile X-ray unit operators shall be the health officer, and in all other cases shall be the chief of police, except that licenses for outdoor gatherings shall be issued by the city council. shall be the City Manager, or their designee(s), unless otherwise stated.
(Ord. 90-11, § 5, passed 3-6-90; Ord. 2022-215, § 12, passed 6-7-22) § 5-2-2 Applications.
The issuing officer shall receive all applications for licenses and shall provide such application forms as are necessary for the convenience of the public and the economic and efficient administration of this title. In the course of administering this title, the city may engage the County Sheriff’s Department to assist with investigations, verifications or other aspects of license application review process.
(Ord. 90-11, § 5, passed 3-6-90)
§ 5-2-3 Fees.
The city council shallmay provide, and from time to time may amend, by resolution the amount of each fee to be charged for each application or license, or both; provided that no fee shall be charged for an application or license to operate a mobile X-ray unit. by the city for the administration of this title. Such fee shall be payable in accordance with the resolution and shall not be refundable. Fees required by this title are in addition to any other fees that may be required under any other section, provision or division of the municipal code or by the County Sheriff’s Department to cover the administrative costs of processing the application on the city’s behalf. No person may commence or continue any business in the city requiring a business license under this title without timely paying all fees and charges required for the business. The amount of any fee, cost or charge imposed pursuant to this subchapter is a debt to the city that may be recovered by any means authorized by law. (Ord. 90-11, § 5, passed 3-6-90)
§ 5-2-4 Duration.
Each license shall be in effect for one year from the date on which it was issued, unless otherwise stated in this title or otherwise provided by resolution of the city council or in the license. (Ord. 90-11, § 5, passed 3-6-90)
§ 5-2-5 Grounds for denial.
The issuing officer shall deny the application for a license if they find that the following apply. (A) The applicant does not fulfill the specific requirements for such license as set forth in this title. (B) The applicant has made any false or m isleading statement in their application. (C) The applicant is not of good moral character. If the applicant has been convicted of any felony under the laws of this state or has been previously convicted of an offense under the laws of any other state of the United States which offense if committed in this state would have been punishable as a felony, it shall be presumed that he is not of good moral character. The applicant has committed any of the acts delineated in California Business and Professions Code § 480, but subject to the limitations on such denial as specified in said statue.
(D) The applicant is not a fit person to carry on the licensed business. (E) The carrying on of the licensed bu siness as described in the application would not comply with all applicable laws or will be detrimental to the public health, public morals or public order. (Ord. 90-11, § 5, passed 3-6-90)
§ 5-2-6 Investigation and issuance.
(A) Prior to issuing the license, the issuing officer shall make such investigation as they deem necessary to determine whether the applicant meets the requirements and qualifications for such license, and shall thereafter either issue a license to the applicant or shall notify the applicant in writing that their application is denied. The issuing officer may consult with and ask for a recommendation from any other city officer or department prior to the issuance of any license under this title, and shall, at the request of
any city officer or department, supply such officer or department with a copy of any such license or application therefor.
(B) Submission of an application for a license does not authorize the operation of a business requiring a license unless and until such license has been properly granted by the city. Approval of a license does not constitute approval of any other permit, license or other approval required under this code or applicable laws to operate the business.
(Ord. 90-11, § 5, passed 3-6-90)
§ 5-2-7 Form of license.
The license and each duplicate license shall contain the date of issuance, the date of expiration, a designation of the type of license it is, the location of the licensed activity, the signature of the issuing officer, and such other matters as are specified in this title and as the issuing officer deems appropriate. (Ord. 90-11, § 5, passed 3-6-90)
§§ 5-2-8—5-2-12 Reserved.
§ 5-2-13 Inspections.
Every applicant for a license or licensee shall permit the issuing officer access to any premises or vehicles used in the conduct of the licensed business at all reasonable times, and to any records required to be maintained by this title, and the issuing officer shall make such inspections thereof as he deems necessary from time to time. (Ord. 90-11, § 5, passed 3-6-90)
§ 5-2-14 Display of license.
Each licensee shall display their license or duplicate license in a prominent location in each licensed place of business, or if there is none in the city shall carry their license on their person at all times when conducting the licensed business, or, if a vehicle is licensed, in such vehicle, and each licensee shall display their license to any peace officer requesting to see it.
(Ord. 90-11, § 5, passed 3-6-90)
§ 5-2-15 Multiple licenses; duplicate licenses.
Any person carrying on or conducting more than one of the businesses for which a license is required under this title shall obtain a license for each such business. Any person carrying on a licensed activity at more than one place of business shall obtain a duplicate license for each place of business. (Ord. 90-11, § 5, passed 3-6-90)
§ 5-2-16 Revocation or suspension.
(A) When the issuing officer has issued any license under the terms of this title, the license may be revoked or suspended at any time thereafter by the issuing officer if they becomes satisfied that the conduct of the licensed business does not or will not comport with the public welfare for any reason or that the
business has been conducted in an illegal, improper or disorderly manner or in a manner substantially different from that described in the application, or for any reason for which the license application could have been denied.
(B) The issuing officer must serve the licensee with a written notice of suspension or revocation. The notice must state the reasons for the action, the effective date of the decision, the right of the applicant to contest the decision through a hearing and that the issuing officer’s decision will be final if no written request for hearing is timely submitted to and received by the city pursuant to this subchapter. If a request for hearing is timely and properly filed in accordance with this subchapter, then the effective date of the notice is stayed in accordance with § 5-2-19. (Ord. 90-11, § 5, passed 3-6-90)
§ 5-2-17 Transfer.
No license issued under the terms of this title shall be transferable, and no such license shall be displayed or used in conjunction with any activity other than the licensed business or by any person other than the licensee or their employee, or at any location other than that indicated on the license and application. (Ord. 90-11, § 5, passed 3-6-90)
§ 5-2-18 Temporary permits.
The issuing officer may, in their discretion, upon the filing of an application for a license pursuant to this title, issue one temporary permit to conduct the business described in the application for a period not to exceed 60 days, if they find that the inability to carry on such business because of the lack of a license would cause hardship to the applicant.
(Ord. 90-11, § 5, passed 3-6-90)
§ 5-2-19 AppealsRequests for hearing.
(A) Any person whose application for a license or temporary permit is denied or whose license is suspended or revoked under the terms of this title by the issuing officer may appeal to the city councilrequest review of the decision through a hearing by filing a signed, written request on a form provided by the city. At the time of the filing, the person contesting the decision must pay the designated hearing fee, which may be established by resolution of the City Council. The appeal request for a hearing shall be made by verified, written declaration to the city council, received by the clerk to the City Clerk within 30 days of the action appealed from decision being contested and must contain the following:
(1) The name, address and telephone number of the person contesting the decision; (2) A true and correct copy of the notice of the decision or action issued by the city that said person is contesting;
(3) A specific statement of the reasons and grounds for requesting the hearing in sufficient detail to enable the hearing officer to understand the nature if the controversy, the basis of the hearing and the relief requested; and
(4) All documents or other evidence pertinent to the request for hearing that said person requests the hearing officer to consider at the hearing.
(B) In the event a written request for hearing is timely filed, the suspension, revocation, denial or nonrenewal is not effective until a final order has been rendered and issued by the hearing officer. If no timely, proper
request for hearing is filed in the event of a decision of denial, the license expires at the conclusion of the term of the license. If no timely, proper request for hearing is filed in the event of a suspension or revocation, the suspension or revocation is effective upon the expiration of the period for filing a written notice of request for hearing.
(C) The city councilhearing officer shall hold such a hearing on such appeal, and notice of the time, date and place of the hearing shall be mailed to the licensee or applicant at the address given in the license application at least ten days prior to the date of the hearing. For the purpose of the hearing, the city council may appoint any qualified hearing officer to take evidence offered by the applicant and the issuing officer concerning the denial or revocation and summarize the evidence presented and report his findings and recommendations based on such evidence to the city council, or the city council may itself take such evidence. (b) The following rules of evidence shall apply:
(1) Oral evidence shall be taken only on oath or affirmation. (2) Each party shall have these rights: to call and examine witnesses, to introduce exhibits, to cross examine opposing witnesses covered in the direct examination, to impeach any witness regardless of which party first called him to testify, and to rebut the evidence against him. If the respondent does not testify in his own behalf, he may be called and examined as if under cross examination. (3) The hearing need not be conducted according to technical rules relating to evidence and witnesses.
Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded.
(c) The chairman of the city council shall, at the request of the issuing officer or the applicant or their attorneys, issue subpoenas or subpoenas duces tecum to compel the attendance of witnesses at the hearing. (Dd) The city councilhearing officer shall determine , on all the evidence presented to it, or on the summary of evidence and findings of fact and recommendations of the person holding the hearing, whether the license or permit should be issued, or whether such revoked or suspended license should be reinstated, and shall direct the issuing officer to act accordingly.
(E) Any failure to appear by the person contesting the decision shall be noted on the notice of decision by the hearing officer, which shall be mailed to said person by the hearing officer, and shall be considered a failure to exhaust administrative remedies concerning the decision. In this event, the issuing officer’s decision to suspend, revoke or deny is final and binding.
(Ord. 90-11, § 5, passed 3-6-90)
§ 5-2-20 Hearing Procedures.
Unless otherwise stated, any hearing right provided for in this title must be conducted as set forth in this section.
(A) Hearing procedure.
(1) The hearing officer will preside over the hearing, hear the matter de novo and conduct the hearing pursuant to the procedures set forth in this subchapter. The issuance of the issuing officer’s notice of decision constitutes prima facie evidence of grounds for the suspension, revocation or denial.
(2) 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 schedule the hearing more than 60 calendar days out if they reasonably determine that additional time is necessary or upon the mutual agreement of the parties.
(3) Neither the issuing 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 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 issuing officer or any city employee or agent.
(4) The hearing shall be conducted informally and the legal rules of evidence need not be followed. At such hearing, the person contesting the decision and the city representative may present evidence relevant to the decision of the issuing officer. The hearing officer may establish additional procedures not in conflict with the provisions of this subchapter.
(5) The hearing officer may continue the hearing as they determine is reasonably necessary.
(B) Hearing officer’s decision.
(1) No later than ten calendar days following conclusion of the hearing, and after considering all of the testimony and evidence submitted at the hearing, the hearing officer may uphold the suspension, revocation or denial of the license; provided, however, that the hearing officer may take more than ten calendar days if they reasonably determine that additional time is necessary or upon the mutual agreement of the parties.
(2) If the hearing officer determines that no grounds for the suspension, revocation or denial exist, the issuing officer’s notice of decision shall be deemed cancelled.
(3) If the hearing officer determines that one or more of the reasons or grounds enumerated in the issuing officer’s notice of decision exists, the hearing officer must issue a written decision containing a finding and description of each reason or ground to uphold the issuing officer’s decision, and any other finding that is relevant or necessary to the subject matter of the hearing.
(4) The decision of the hearing officer is final. The written decision must contain the following statement: “The decision of the hearing officer is final. Judicial review of this decision is subject to the time limits set forth in California Code of Civil Procedure § 1094.6.”
(C) Surrender of license. A licensee must immediately surrender their license to the issuing officer upon said revocation or suspension becoming final.
§ 5-2-21 Service Requirements.
Except as otherwise provided, any notice required to be served on an applicant or licensee under this title must be completed by either personal delivery, first class mail or, with the prior consent of the applicant or licensee, electronic service by electronic notification or transmission. Service by mail is deemed complete at the time of deposit in the mail. Electronic service is complete at the time of the electronic transmission of the document or at
the time that the electronic notification of service of the document is sent. Any notice issued to an applicant or licensee may be sent to the mailing address as listed on the application submitted to the city. Failure of any applicant or licensee to receive a properly addressed notice does not invalidate any action, decision, determination or proceeding under this title.
§ 5-2-22 Administrative Rules and Interpretation.
(A) Consistent with the intent and goals of this subchapter, the issuing officer may adopt administrative rules and regulations for implementation and furtherance of the requirements of and may interpret this title, unless otherwise stated. Such rules and regulations may be enforced as an ordinance in any manner permitted by this municipal code and applicable laws.
(B) To the extent that this subchapter sets forth general procedures, such procedures shall apply unless more specific provisions governing a particular category of business license are set forth elsewhere in this title. In such cases, the specific provisions shall govern and may supplement, modify or supersede the general procedures as appropriate.
§ 5-2-23 Severability.
If any provision of this ordinance and subchapter is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity will not affect the remaining provisions of this ordinance and subchapter, which can be implemented without the invalid provisions, and to this end, the provisions of this ordinance are declared to be severable.
Chapter 3 SPECIFIC ADDITIONAL LICENSE REQUIREMENTS
AND BUSINESS REGULATIONS
Subchapter 1. Public Baths; Massage Parlors; MassagistsMassage Establishments, §§ 5-3- 1—5-3-14
Subchapter 2. Security Systems and Security OfficersReserved, §§ 5-3-15—5-3-41 Subchapter 3. Taxicab StandsReserved, §§ 5-3-42—5-3-53 Subchapter 4. Reserved, §§ 5-3-54—5-3-69
Subchapter 5. Reserved, §§ 5-3-70—5-3-80
Subchapter 6. Storage and Transport of Manure, Garbage, Etc.Reserved, §§ 5-3-81—5-3- 93 Subchapter 7. Reserved, §§ 5-3-94—5-3-104
Subchapter 8. Secondhand Dealers, Pawnbrokers and Coin-Currency Dealers, §§ 5-3- 105—5-3-115
Subchapter 9. Public DancesReserved, §§ 5-3-116—5-3-127 Subchapter 10. Peddlers, Business Solicit ors and Canvassers, §§ 5-3-128—5-3-138 Subchapter 11. Solicitation and Sales on or Near Streets or HighwaysReserved, §§ 5-3- 139—5-3-150
Subchapter 12. ShowsReserved, §§ 5-3-151—5-3-168
Subchapter 13. Mobile X-Ray UnitsReserved, §§ 5-3-169—5-3-184 Subchapter 14. Commercial Manure DealersReserved, §§ 5-3-185—5-3-196 Subchapter 15. Prohibition on Flavored El ectronic Cigarette Products, §§ 5-3-197—5-3- 239
Subchapter 16. Retail Sale of Concealable Firearms, §§ 5-3-240—5-3-259 Subchapter 17. Prohibition on Sale or Distribution of Kratom Products, §§ 5-3-260—5-3- 270
Subchapter 18. Bingo Games, §§ 5-3-271—5-3-290
Subchapter 19. Model Studios, Dance Studios and Rap Session Establishments, §§ 5-3- 291—5-3-300
Subchapter 20. Prohibition on the Sale or Distribution of Nitrous Oxide, §§ 5-3-301—5-3- 305
Subchapter 21. Reserved, §§ 5-3-306 – 5-3-320
Subchapter 22. Escorts, Escort Bureaus and Introductory Services, §§ 5-3-321—5-3-334 Subchapter 23. Commercial Motion Picture Pr oductions, Television Productions and Still Photography on Public Property, §§ 5-3-335—5-3-342
SUBCHAPTER 1. PUBLIC BATHS; MASSAGE PARLORS; MASSAGISTS MASSAGE
ESTABLISHMENTS
Sec. 5-3-1. Specific license requirements.
Every person applying for a public bath, massage parlor or massagist's license must have had at least five years' experience in the profession, work and method of treating the external parts of the human body for remedial or hygienic purposes by rubbing, stroking, kneading, adjusting or tapping with the hands or by instrument, or must have graduated from a recognized school of massage or other institution of learning wherein the method, profession and work of massaging is taught. (Ord. No. 90-11, § 5, 3-6-90)
Sec. 5-3-2. Immoral practices prohibited.
It shall be unlawful for any person employed as a massagist or in a massage parlor or public bath to massage any other person or give or administer any bath or to give or administer any of the other things mentioned in this article for immoral purposes or in a manner intended to arouse, appeal to or to gratify lust or passions or sexual desires.
(Ord. No. 90-11, § 5, 3-6-90)
Sec. 5-3-3. Registration of customers.
Every person who maintains, conducts or operates a massage parlor or public bath, and every massagist, shall at all times keep a registration book in connection therewith in which each and every client's or patient's first, middle and last name and complete address shall be written, together with the date of treatment. (Ord. No. 90-11, § 5, 3-6-90)
Sec. 5-3-4. Treatment of persons of opposite sex prohibited. (a) It shall be unlawful for any person to administer, for hire or reward, to any person of the opposite sex, any massage, any alcohol rub or similar treatment, any fomentation, any bath or any electric or magnetic treatment, or to do or administer any one or all of the other things or acts mentioned in this article, nor shall any person cause or permit in or about his place of business any agent, employee or servant or any other person under his control or supervision to administer any such treatment or service to any person of the opposite sex.
(b) This section shall not apply to any tr eatment administered in good faith in the course of the practice of any healing art or profession under the provisions of the Business and Professions Code of the state or of any other laws of this state.
(Ord. No. 90-11, § 5, 3-6-90)
§ 5-3-1 Definitions.
For the purposes of carrying out the intent of this subchapter, unless the content clearly indicates to the contrary, the following words, phrases and terms shall have the following meanings.
California Massage Therapy Council or CAMTC. Nonprofit organization formed pursuant to the California Business and Professions Code, Chapter 10.5, commencing with § 4600, as amended.
Code or Municipal Code. The Laguna Niguel Municipal Code.
Compensation. A payment, loan, advance, donation, contribution or gift of money or anything of value.
Conviction or convicted. A verdict or formal judgment of guilt, or entry of a plea of guilty or nolo contendere in a criminal proceeding.
Crime involving moral turpitude or moral turpitude. Any criminal offense involving conduct that is inherently base, vile, depraved, dishonest, fraudulent, exploitative, or contrary to accepted standards of justice, honesty, or good morals, including conduct demonstrating an intent to harm, exploit, victimize, or endanger another person. “Crimes involving moral turpitude” include, but are not limited to, offenses involving:
(a) Human trafficking, forced labor, involuntary servitude, commercial sexual exploitation, or the procurement, recruitment, transportation, harboring, or exploitation of persons for labor or sexual purposes;
(b) Prostitution-related activities involving coercion, procurement, pandering, pimping, solicitation of minors, or the commercial sexual exploitation of another person;
(c) Sexual assault, rape, spousal rape, sexual battery, forcible sexual penetration, sexual abuse, sexual exploitation, or other non-consensual sexual conduct;
(d) Lewd, lascivious, or sexually exploitative conduct involving a minor, including child molestation, child sexual abuse, child pornography, child sexual exploitation, or the enticement, grooming, or solicitation of a minor for sexual purposes;
(e) Incest or other sexual offenses involving abuse of a familial, custodial, supervisory, or fiduciary relationship;
(f) Invasion of privacy for sexual gratification or sexual exploitation purposes, including the unlawful recording, photographing, dissemination, or viewing of intimate body parts or private activities without consent;
(g) Kidnapping, false imprisonment, abduction, coercion, extortion, or other offenses involving the unlawful restraint, control, or exploitation of another person;