CHAPTER I

• General Provisions

• Code Structure 01

• Definitions 02

• Official Designations 03

• Violations 04

• Severability 05

• Administrative Procedures And Penalties For Code Violations 06

CHAPTER II

• Administration

• Definitions 01

• City Council 02

• City Manager 03

• City Organization 04

• Personnel 05

• Finance Administration 06

• Paramedic Services 07

• Planning Commission 08

• Library Board 09

• El Molino Viejo Advisory Board 10

• Fees 11

• Designation of Historical Landmarks 12

• Recreation Commission 13

CHAPTER III

    (Reserved)

CHAPTER IV

• Emergency Preparedness

• Definitions 01

• Emergency Preparedness Committee 02

• Emergency Services Director 03

• Continuation of Government 04

• Emergency Response

• Organization 05

• Penalties 06

CHAPTER V

    (Reserved)

CHAPTER VI

• Animals and Fowl

• Definitions 01

• Animals - General 02

• Fowl 03

• Cats 04

• Dogs 05

• Impoundment 06

CHAPTER VII

    (Reserved)

CHAPTER VIII

• Public Nuisances

• Definitions 01

• Nuisance Conditions 02

• Nuisance Abatement 03

• Vehicles 04

• Emergencies 05

• Unoccupied Residential Property 06

• Penalties 07
   

CHAPTER IX

• Refuse

• Definitions 01

• Residential Refuse 02

• Commercial Refuse 03

• Public Places 04

• Refuse Collection 05

• Burning 06

CHAPTER X

• Public Health

• Definitions 01

• Health Code 02

• General Requirements 03

• Burials 04

• Vermin Control 05

CHAPTER XI

• Business Licenses

• Definitions 01

• Requirement for License 02

• Administration 03

• Fees - General 04

• Businesses Requiring Annual License 05

• Businesses Requiring Monthly License (Reserved) 06

• Businesses Requiring Daily License 07

• Filming and Special Events 08

• Charitable Solicitations 09

• Motion Picture Theaters 10

CHAPTER XII

• Taxicabs

• Definitions 01

• License Requirements 02

• Certificate of Public

• Convenience 03

• Driver Requirements 04

• General Requirements 05

CHAPTER XIII

• Bicycles

• General 01

• Bicycle License 02

CHAPTER XIV

• Miscellaneous

• Burglar Alarm Systems 01

• Fire Alarm Systems 02

• Water Conservation 03

• Noise Control 04

• Offenses Involving the Person 05

• Offenses Involving Property 06

• Offenses Related to Public Health and Safety 07

• Minors 08

• Weapons 09

• Costs for Special Police 10

CHAPTER XV

• Traffic and Vehicles

• Definitions 01

• General Provisions 02

• Administration and Enforcement 03

• Traffic-Control Devices 04

• Speed Regulations 05

• Street Restrictions 06

• Stopping, Standing and Parking 07

• Through Streets and Stop Intersections 08

• Miscellaneous Zones 09

• Pedestrians 10

• Bicycles and Other Wheeled Toys 11

• Regulation of Buses, Vans and Valet Parking 12
     

CHAPTER XVI

• Streets and Sidewalks

• General Provisions 01

• Excavations and Obstructions02

• Street Improvements Under Private Contract 03

• Construction and Repair of Public Ways 04

• Abandoned Driveways and Curb Cuts 05

• Connection to Public Sewers 06

CHAPTER XVII

• Public Parks

• Designation 01

• Park Use 02

• Group Use 03
   

CHAPTER XVIII

• Trees and Shrubs

• General Provisions 01

• Permit Requirements 02

• Maintenance and Protection of Trees and Plants 03
   

CHAPTER XIX

    (Reserved)
 

CHAPTER XX

    (Reserved)
 

CHAPTER XXI

• Special Districts

• Underground Utility Districts 01

CHAPTER XXII

• Subdivisions

• General Provisions 01

• Tentative Map 02

• Final Map 03

• Lot Splits 04

CHAPTER XXIII

• Zoning and Development,

• Advertising and Signs, Fences and Walls General Provisions 01

• R-1 One-Family Dwelling Zone 02

• C-1 Commercial Zone 03

• P & R Park and Recreational Zone 04

• Historical and Cultural Zone 05

• Requirements and Restrictions Generally 06

• Variances and Conditional Permits 07

• Amendments and Boundary Changes 08

• Departures and Special Permits 09

• Off-Street Parking 10

• Environment Fees 11

• Advertising and Signs 12

• Fences and Walls 13

• Transportation Demand Management 14

• Design Review Committee 15

• Enforcement, Violations and Penalties 16

CHAPTER XXIV

• Compliance Verification

• Definitions 01

• Residential Compliance Certificate 02

CHAPTER XXV

• Uniform Codes, Fire Prevention

• General Provisions 01

• Building Code 02

• Mechanical Code 03

• Plumbing Code 04

• Electrical Code and

• Administrative Code 05

• Fire Code 06

• Seismic Retrofit or Un-reinforced Masonry Buildings 07

• Miscellaneous 08

CHAPTER XXVI

• Taxation/Utility Tax

• Uniform Local Sales and Use Tax 01

• Documentary Stamp Tax on the Sale of Real Property 02

• Utility User Tax 03

• Special Public Safety Tax 04

CHAPTER XXVII

• Franchises/Cable

• Television

• Authority to Grant

• Franchises 01

• Refuse Franchises 02

• Community Antenna Television Systems 03

CHAPTER XXVIII

    (Reserved)

CODE INDEX

CHAPTER I

GENERAL PROVISIONS

Subject Article

Code Structure 01

Definitions 02

Official Designations 03

Violations 04

Severability 05

ARTICLE 01 - Back to top

CODE STRUCTURE

SECTION:

01.01.01: Code Designation and Abbreviation

01.01.02: Continuation of Existing Ordinances

01.01.03: Effect of Repeal of Ordinances !2R!
 
01.01.01: CODE DESIGNATION AND ABBREVIATION:

The ordinances embraced in the following chapters shall constitute and be designated as "The City Code of the City of San Marino, California". The designation may be abbreviated as "City Code" or "Code" and may be so cited. (Ord. 947, 11-16-88)

01.01.02: CONTINUATION OF EXISTING ORDINANCES:

The provisions appearing in this Code, so far as they are the same as those of ordinances existing at the time of the adoption of this Code or portions thereof shall be considered as continuous thereof and not as new enactments. (Ord. 947, 11-16-88)

01.01.03: EFFECT OF REPEAL OF ORDINANCES:

The repeal of an ordinance shall not revive any ordinance in force before or at the time the ordinance repealed took effect.

The repeal of an ordinance shall not affect any violation, punishment or penalty imposed before the repeal took effect, nor any suit, prosecution or proceeding contemplated or pending at the time of the repeal, for any offense committed under the ordinance repealed. (Ord. 947, 11-16-88)

ARTICLE 02 - Back to top

DEFINITIONS

SECTION:

01.02.01: Definitions !2R!

01.02.01: DEFINITIONS:

The following words and phrases, when used in the context of this City Code and in any ordinance adopted by the City Council shall have the meanings respectively ascribed to them in this Section unless such construction would be inconsistent with the manifest intent of the City Council, or a different meaning has been otherwise specifically ascribed to the word or phrase:

!DEF! AND: Shall be construed as inclusive.

CITY: The City of San Marino, California.

CITY CODE: The City Code of the City of San Marino, California.

CITY COUNCIL: The City Council of the City of San Marino, California.

CITY HALL: The City Hall of the City of San Marino, California.

CITY MANAGER: The individual appointed by the City Council to hold that position.

COMPUTATION OF TIME: The time in which any act provided for by law is to be done by excluding the first day and including the last day.

COUNTY: The County of Los Angeles, California.

DAY: The period of time between any midnight and the following midnight.

DAYTIME: The period of time between sunrise and sunset.

HE/SHE: Shall be inclusive, one gender of the other.

IN THE CITY: Means and includes all territory over which the City now has, or shall hereafter acquire, jurisdiction for the exercise of its police powers or other powers.

JOINT AUTHORITY: Giving an authority to three (3) or more persons or officer, unless it is otherwise expressed in the act giving the authority, shall be construed as giving such authority to a majority of such persons or officers.

MAY: Is permissive.

MONTH: A calendar month.

NIGHTTIME: The period of time between sunset and sunrise.

OATH: Includes affirmation.

OR: Shall be construed as exclusive.

PERSON: Includes an individual, firm, association, organization, partnership, business trust, corporation or company.

PERSONAL PROPERTY: Includes every species of property, except real property.

PROPERTY: Includes real and personal property.

REAL PROPERTY: Includes lands, improvements on land, fixtures, tenements and hereditaments.

RESIDENT: A resident of the City of San Marino.

ROADWAY: That portion of a highway or street improved, designed or ordinarily used for vehicular traffic.

SHALL: Is mandatory.

SIDEWALK: That portion of a highway or street, other than the roadway and parkway, set apart for pedestrian travel.

STATE: The State of California.

STREET: A way or place of whatever nature, publicly or privately maintained, which is open to public use for vehicular or other traffic. The street shall include all areas granted to the City by deed or easement for said purpose.

WEEK: The period of seven (7) consecutive days beginning with Sunday.

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, it shall be made, in writing, in the English language unless it is expressly provided for otherwise.

YEAR: A calendar year. (Ord. 947, 11-16-88; 1994 Code)

ARTICLE 03 - Back to top

OFFICIAL DESIGNATIONS
 

SECTION:

01.03.01: Address

01.03.02: Time

01.03.03: Datum Plane !2R!

01.03.01: ADDRESS:

The official address for the City of San Marino, California shall be stated as "2200 Huntington Drive, San Marino, California".

The official address shall be used only for purposes of business connected with the operation of the City government and shall not be used as an address by any individual or business in connection with any activity or purpose not directly associated with the operation of the City government. (Ord. 947, 11-16-88)

01.03.02: TIME:

Whenever certain times are named herein, they shall mean Pacific Standard Time or Daylight Saving Time as may be in current use in the City. (Ord. 947, 11-16-88)

01.03.03: DATUM PLANE:

The datum plane established by the United States Geological Survey shall be the official datum plane of the City and shall be used for the purpose of establishing and designating the official grade of streets, alleys and sewers in the City. (Ord. 947, 11-16-88)

ARTICLE 04  - Back to top

VIOLATIONS

SECTION:

01.04.01: Misdemeanors And Infractions

01.04.02: Continuing Violations

01.04.03: Punishment

01.04.04: Authorization To Cite

01.04.05: Arrest Of Violators

01.04.06: Violation Of Notice To Appear

01.04.07: Warrant For Arrest For Failure To Appear

01.04.08: Aiding And Abetting

01.04.09: Responsibility

01.04.10: Public Nuisance !2R!
 
 

01.04.01: MISDEMEANORS AND INFRACTIONS:

 A. No person shall violate or fail to comply with any provision or requirement of this Code. Any person who shall violate or fail to comply with any provision or requirement of this Code shall be guilty of a misdemeanor unless such a violation or failure is designated as an infraction or is subsequently prosecuted as an infraction at the discretion of the City Prosecutor, in which case, such person is guilty of an infraction.

 B. A violation of any provisions of this Code may be prosecuted as a misdemeanor or as an infraction.

 C. Notwithstanding any other provision of this Code, when a person under the age of eighteen (18) years is charged with a violation of this Code, and a peace officer issues a notice to appear in Superior Court to that minor, the charge shall be deemed an infraction unless the minor requests that a petition be filed under section 601 or 602 of the Welfare and Institutions Code. The amount of the fine imposed shall be set by the Court. (Ord. 096-1096, 8-14-1996)
01.04.02: CONTINUING VIOLATIONS:

 It shall constitute a new and separate offense for each and every day during which any portion of which a violation of, or failure to comply with, any provision or requirement of this Code is committed, continued or permitted by any person and shall be punished accordingly. (Ord. 947, 11-16-1988)

 01.04.03: PUNISHMENT:

 A. Unless otherwise specifically provided in this Code, any person guilty of a misdemeanor under a provision of this Code shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for a period of not more than six (6) months, or by both such a fine and imprisonment.

  As prescribed in section 36900 of the Government Code of the State, any person who has committed an infraction shall be punished for a first violation by a fine not exceeding one hundred dollars ($100.00), and for committing the same offense a second time within one year, by a fine not exceeding two hundred dollars ($200.00) and for committing the same offense a third or any subsequent time within one year, by a fine not exceeding five hundred dollars ($500.00). (Ord. 947, 11-16-1988; amd. 1994 Code)

B. As provided in section 42001 of the Vehicle Code of the State, any person who has committed an infraction for a violation of Chapter XV of this Code or any ordinance or code provision adopted pursuant to the Vehicle Code shall be punished by a fine not exceeding one hundred dollars ($100.00), for a second infraction occurring within one year of a prior infraction which resulted in a conviction, a fine not exceeding two hundred dollars ($200.00), and for a third or any subsequent infraction occurring within one year of two (2) or more infractions which resulted in convictions, a fine not exceeding two hundred fifty dollars ($250.00). (1994 Code)
 01.04.04: AUTHORIZATION TO CITE:

 Officers and employees of the Police Department and such other employees as designated by the City Manager shall have the power, authority and immunity, as set forth in the Penal Code of the State, to make arrests without a warrant whenever such officers or employees have reasonable cause to believe that the person to be arrested has committed a misdemeanor violation of an ordinance or statute which such officers or employees have the duty to enforce, and the violation has been committed in the presence of such officers or employees. (Ord. 947, 11-16-1988)
 01.04.05: ARREST OF VIOLATORS:

 In any case in which a person is arrested pursuant to this Code and the person arrested does not demand to be taken before a magistrate, the officer or employee making the arrest shall prepare a written notice to appear and release the person on his/her promise to appear, as prescribed by the Penal Code of the State. (Ord. 947, 11-16-1988)
01.04.06: VIOLATION OF NOTICE TO APPEAR:

 Any person wilfully violating his/her written promise to appear in court shall be guilty of a misdemeanor regardless of the disposition of the charge upon which he/she was originally arrested. (Ord. 947, 11-16-1988)
01.04.07: WARRANT FOR ARREST FOR FAILURE TO APPEAR:

 When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in the State Penal Code, the magistrate shall issue and have delivered for execution a warrant for his/her arrest within twenty (20) days after his/her failure to appear as promised.

 If such person promises to appear before an officer, to accept bail, other than a magistrate, and fails to do so on or before the date he/she promised to appear, then, within twenty (20) days after the delivery of such written promise to appear, a request to execute a warrant for arrest shall be presented to a magistrate having jurisdiction over the offense. (Ord. 947, 11-16-1988)
01.04.08: AIDING AND ABETTING:

 Whenever any act or omission is prohibited by any provision of this Code, such prohibition shall be deemed also to prohibit the causing, permitting, aiding, abetting, suffering or concealing of such act or omission, and any person who shall cause, permit, aid, abet, suffer or conceal such act or omission shall be guilty of a violation of this Code and shall be punishable in accordance with such act or omission. (Ord. 947, 11-16-1988)
01.04.09: RESPONSIBILITY:

 The occupant of any premises upon which a violation of any provision of this Code is apparent, the owner of any object or material placed or remaining anywhere in violation of any provision of this Code or the occupant of any premises served by any excavation or structure made or erected in violation of any provision of this Code shall be deemed prima facie responsible for the violation and subject to the penalties provided therefor. (Ord. 947, 11-16-1988)
01.04.10: PUBLIC NUISANCE:

 In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision of this Code shall be deemed a public nuisance and may be summarily abated as such by the City, and each day such condition continues shall constitute a new and separate offense. (Ord. 947, 11-16-1988)

ARTICLE 05 - Back to top

SEVERABILITY

SECTION:

01.05.01: Severability of Parts !2R!

01.05.01: SEVERABILITY OF PARTS:

It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any section, paragraph, sentence, clause or phrase of this Code shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses or phrases of this Code. (Ord. 947, 11-16-88)

ARTICLE 06 - Back to top

ADMINISTRATIVE PROCEDURES AND PENALTIES FOR CODE VIOLATIONS
 

SECTION:

01.06.01: Scope

01.06.02: Definitions

01.06.03: Authority

01.06.04: Penalties

01.06.05: Continuing Violations

01.06.06: Procedures For Issuing Administrative Citations

01.06.07: Content Of Administrative Citations

01.06.08: Penalties Assessed

01.06.09: Time For Administrative Hearing

01.06.10: Appointment Of Administrative Hearing Officer

01.06.11: Request For Continuance Of Hearing

01.06.12: Procedures At Administrative Hearing

01.06.13: Failure To Attend Administrative Hearing

01.06.14: Decision Of Administrative Hearing Officer

01.06.15: Appeal Of Administrative Order

01.06.16: Failure To Comply With Administrative Order
 

01.06.01: SCOPE:

This article shall apply to violations of the following provisions of this code:

A. Article 7 of chapter XVI;

B. Section 23.06.13; and

C. Section 25.01.04. (Ord. 098-1123, 7-8-1998)
01.06.02: DEFINITIONS:

The following words and phrases, when used in the context of this article, shall have the following meanings:

ENFORCEMENT OFFICIAL: Any person authorized to enforce the provisions of the San Marino city code.

LEGAL INTEREST: Any interest that is represented by a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic's lien or other similar instrument, which is recorded with the County Recorder.

RESPONSIBLE PERSON: Any person who an enforcement official determines is responsible for causing or maintaining a public nuisance or a violation of the city code or applicable state codes. The term "responsible person" includes, but is not limited to, a property owner, tenant, person with a legal interest in real property or person in possession of real property. (Ord. 096-1088, 3-13-1996)
01.06.03: AUTHORITY:

 Any person violating any section of this code that is subject to this article may be issued an administrative citation by an enforcement official as provided in this article. (Ord. 096-1088, 3-13-1996)
01.06.04: PENALTIES:

 An administrative penalty shall be assessed by means of an administrative citation issued by the enforcement official, and shall be payable directly to the city treasurer. Penalties shall be collected in accordance with the procedures specified in this article. (Ord. 096-1088, 3-13-1996)
01.06.05: CONTINUING VIOLATIONS:

It shall constitute a new and separate offense for each and every day, or portion thereof, during which a violation of, or failure to comply with, any provision or requirement of this code is committed, continued, or permitted by any person. The time period for computing the number of days a violation has continued for purposes of this section shall commence on and shall include the date of service of the administrative order, the date the administrative order otherwise provided, or for continuing violations of the city's building, plumbing, electrical, or zoning code, thirty (30) days following receipt of service of the administrative order, whichever date is applicable pursuant to section 01.06.14 of this article. (Ord. 096-1088, 3-13-1996)
01.06.06: PROCEDURES FOR ISSUING ADMINISTRATIVE CITATIONS:

 Upon discovering a violation of any section of this code that is subject to this article, an enforcement official may issue an administrative citation, on a form approved by the City Manager, to a responsible person, as follows:

 A. If the responsible person is a corporation, the enforcement official shall attempt to locate any one of the following individuals and issue to that individual an administrative citation: the president or other head of the corporation, a vice president, a secretary or assistant secretary, a treasurer or assistant treasurer, a general manager, or a person authorized by the corporation to receive service of process in a civil action. If the office address of any of the above listed individuals is known to the City, a copy of the administrative citation also shall be mailed to one of those individuals by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned.

 B. If the responsible person is a business other than a corporation, the enforcement official shall attempt to locate the business owner and issue the business owner an administrative citation. If the enforcement official can locate only the manager of the business, the administrative citation may be given to the manager of the business. If the address of the business is known, a copy of the administrative citation also shall be mailed to the business owner or responsible person by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned.

 C. The enforcement official shall attempt to obtain on the administrative citation the signature of the responsible person, or in cases in which the responsible person is a corporation or business, the signature of the person served with the administrative citation. If the responsible person or 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.

D. If the enforcement official is unable to locate the responsible person for the violation, the administrative citation shall be mailed to the responsible person by certified mail, postage prepaid, return receipt requested, simultaneously, the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned.

 E. If the enforcement official does not succeed in serving the responsible party personally, or by certified mail or regular mail, the enforcement official shall post the administrative citation on any real property within the City in which the City has knowledge that the responsible party has a legal interest, and such posting shall be deemed effective service.

 F. If the enforcement official does not succeed in serving the responsible party personally, by certified mail or regular mail, and the City is not aware that the responsible party has a legal interest in any real property within the City, the enforcement official shall cause the administrative citation to be published in a newspaper likely to give actual notice to the responsible party. The publication shall be once a week for four (4) successive weeks in a newspaper published at least once a week.

G. The enforcement official shall sign the administrative citation. (Ord. 096-1088, 3-13-1996)
01.06.07: CONTENT OF ADMINISTRATIVE CITATIONS:

 Administrative citations shall contain all of the following information:

 A. The date and location of the violation and the approximate time the violation was observed.

 B. The City Code section violated and a description of how the section was violated.

 C. The action required to correct the violation.

 D. The consequences of failing to correct the violation,

 E. The amount of penalty imposed for the violation.

 F. The date, time, and place of the administrative hearing on the violation and the consequences for failing to attend the hearing.

 G. The signature of the enforcement official, and the signature of the responsible person, if that person can be located and will sign the citation, as set forth in Section 01.06.06 of this Article. (Ord. 096-1088, 3-13-1996)
01.06.08: PENALTIES ASSESSED:

 A. If a violation of the City Code or applicable State code section was defined as an infraction by the City Code before the adoption of this Article, then for each such violation, the penalty assessed shall not exceed:

 1. One hundred dollars ($100.00) for the first violation.

 2. Two hundred dollars ($200.00) for the second violation of the same City Code or applicable State code section within one year.

 3. Five hundred dollars ($500.00) for each additional violation of the same City Code or applicable State code section within one year.

B. If a violation of the City Code or applicable State code section was punishable as a misdemeanor before the adoption of this Article, then for each such violation the penalty assessed shall not exceed one thousand dollars ($1,000.00).

 C. The penalty assessed for violations of ordinances that are adopted after this Article is adopted, and that are subject to this Article, shall not exceed one thousand dollars ($1,000.00).

 D. All penalties assessed shall be payable to the City Treasurer.

 E. Payment of a penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the City. (Ord. 096-1088, 3-13-1996)
01.06.09: TIME FOR ADMINISTRATIVE HEARING:

 The City shall conduct an administrative hearing at the date, time, and place indicated on the administrative citation. The hearing shall occur no earlier than fifteen (15) days after service of the citation upon the responsible person and no later than ninety (90) days after service of the citation upon the responsible person. (Ord. 096-1088, 3-13-1996)
01.06.10: APPOINTMENT OF ADMINISTRATIVE HEARING OFFICER:

 The appropriate department director shall appoint an administrative hearing officer. The department director may appoint as the administrative hearing officer any member of that department's staff, but shall neither appoint any enforcement official nor any subordinate of any enforcement official. (Ord. 096-1088, 3-13-1996)
01.06.11: REQUEST FOR CONTINUANCE OF HEARING:

 The responsible person may request one continuance of the hearing, but in no event may the hearing begin later than ninety (90) days after service of the administrative citation upon the responsible person. (Ord. 096-1088, 3-13-1996)
01.06.12: PROCEDURES AT ADMINISTRATIVE HEARING:

 Administrative hearings are informal, and formal rules of evidence and discovery do not apply. Each party shall have the opportunity to present evidence in support of his or her case and to cross-examine witnesses. The City bears the burden of proof at an administrative hearing to establish a violation of the City Code. The administrative hearing officer must use preponderance of evidence as the standard of evidence in deciding the issues. (Ord. 096-1088, 3-13-1996)
01.06.13: FAILURE TO ATTEND ADMINISTRATIVE HEARING:

 If the responsible person fails to attend the scheduled hearing, the hearing will proceed without the responsible person, and he or she will be deemed to have waived his or her right to an administrative hearing. Notwithstanding this waiver and the time limits set forth in Section 01.06.09 of this Article, if service of the administrative citation is made by posting the citation on real property within the City in which the responsible person has a legal interest, and the responsible person provides verifiable and substantial evidence that removal of the citation from the property by a third party caused the responsible person's failure to attend the scheduled hearing, the responsible person shall be entitled to an administrative hearing. (Ord. 096-1088, 3-13-1996)
01.06.14: DECISION OF ADMINISTRATIVE HEARING OFFICER:

 The administrative hearing officer shall issue a written decision entitled "administrative order" no later than fifteen (15) days after the date on which the administrative hearing concludes. The administrative order shall be served upon the responsible person by any one of the methods set forth in Section 01.06.06 of this Article. The administrative order shall become final on the date of service, and shall notify the responsible person of his right to appeal as provided in Section 01.06.15 of this Article. The administrative order shall also set a deadline for compliance with its terms in the event that the responsible person fails to file an appeal. (Ord. 096-1088, 3-13-1996)

 If the violation is a continuing violation of Section 25.01.04 of this Code, or of the Building, Plumbing, Electrical, or Zoning Code, the administrative order shall provide that the responsible person has thirty (30) days from receipt of the administrative order to correct the violation, and that if the violation is corrected within that time, no penalty will be imposed. (Ord. 097-1107, 9-10-1997)
01.06.15: APPEAL OF ADMINISTRATIVE ORDER:

 Within twenty (20) days after service of the administrative order upon the responsible person, he or she may seek review of the administrative order by filing a notice of appeal with the Municipal Court. The responsible person shall serve upon the City Clerk either in person or by first-class mail a copy of the notice of appeal. If the responsible person fails to timely file a notice of appeal, the administrative order shall be deemed confirmed. (Ord. 096-1088, 3-13-1996)
01.06.16: FAILURE TO COMPLY WITH ADMINISTRATIVE ORDER:

 Failure to comply with a final administrative order is a misdemeanor. If the Municipal Court rules in favor of the City or if the responsible person fails to timely file a notice of appeal in the Municipal Court, and the responsible person then fails to comply with the administrative order, the City may file a criminal misdemeanor action against the responsible person. Filing a criminal misdemeanor action does not preclude the City from using any other legal remedy available to gain compliance with the administrative order. (Ord. 096-1088, 3-13-1996)

CHAPTER II

ADMINISTRATION

Subject Article :

Definitions 01

City Council 02

City Manager 03

City Organization 04

Personnel 05

Finance Administration 06

Paramedic Services 07

Planning Commission 08

Library Board 09

El Molino Viejo Advisory Board 10

Fees 11

Designation of Historical Landmarks 12
   

ARTICLE 01- Back to top

DEFINITIONS

SECTION:

02.01.01: DEFINITIONS:

 The following words and phrases, when used in this Chapter, shall have the meanings respectively ascribed to them in this Section:

 CITY CLERK: That individual appointed to that position by the City Manager pursuant to the City Code.

 FINANCE OFFICER: That individual appointed to that position by the City Manager, or a person duly designated by the City Manager.

 FIXED ASSET: Any tangible item having a value of more than one hundred dollars ($100.00) and a useful life greater than one year.

 REGISTER OF DEMANDS: The listing of all warrants due and payable by the City.

 SURPLUS PROPERTY: Any fixed asset, including real property, which is no longer required for the operation of a department or agency, which is obsolete in performing its function or which is no longer capable of performing its intended function.

 TREASURER: That individual appointed to that position by the City Council.

 WARRANT: A check made in payment by the City for goods or services. (Ord. 951, 3-8-89)

ARTICLE 02 - Back to top

CITY COUNCIL

SECTION:

02.02.01: Council Elections

02.02.02: Council Organization

02.02.03: Council Meetings

02.02.04: Compensation
  

02.02.01: COUNCIL ELECTIONS:

Elections of members to the City Council shall be held in March of each odd-numbered year. The number of open positions on the Council shall rotate between two (2) positions in one election and three (3) positions in the subsequent election. (Ord. 095-1078, 9-13-1995)
 

02.02.02: COUNCIL ORGANIZATION:

The Council shall elect a Mayor and a Vice Mayor from among its members on the first Tuesday following an election or such later date when the Council certifies the results of the election. (Ord. 951, 3-8-1989)
 

02.02.03: COUNCIL MEETINGS:

Regular meetings of the City Council shall be held on the second Wednesday of each month beginning at the hour of seven thirty o'clock (7:30) P.M. Meetings shall be held at the City Hall, 2200 Huntington Drive.

Should the regular day of a Council meeting fall on a public holiday, the meeting shall be held on the next succeeding day that is not a public holiday.

The Council may select a different location or time for the purpose of holding any meeting upon a majority vote of its members. (Ord. 951, 3-8-1989)
 

02.02.04: COMPENSATION:

 Members of the City Council shall serve without compensation but may be reimbursed for reasonable expenses necessarily incurred in the performance of official duties, subject to the approval of the City Council. (Ord. 951, 3-8-1989; amd. 1994 Code) 

ARTICLE 03 - Back to top

CITY MANAGER

SECTION:

02.03.01: Position Established

02.03.02: Qualifications

02.03.03: Appointment and Term

02.03.04: Powers and Duties

02.03.05: Advisor to Boards and Commissions

02.03.06: Limitations on Powers

02.03.07: Delegation of Authority

02.03.08: Bond

02.03.09: Absence or Disability

02.03.10: Removal
 
 

02.03.01: POSITION ESTABLISHED:

The position of City Manager for the City is hereby created and established. (Ord. 951, 3-8-89)
  

02.03.02: QUALIFICATIONS:

The City Manager shall be appointed solely on the basis of his/her executive and administrative qualifications and ability.

No person elected to membership on the City Council shall, subsequent to such election, be eligible for appointment as City Manager until one year has elapsed from the time the person has ceased to be a member of the Council.

Residence in the City shall not be required as a condition of appointment to the position of City Manager. (Ord. 951, 3-8-89)
 

02.03.03: APPOINTMENT AND TERM:

The City Manager shall be appointed by a majority vote of the City Council and shall hold the office at and during the pleasure of the Council. (Ord. 951, 3-8-89)
 

02.03.04: POWERS AND DUTIES:

 The City Manager shall be the administrative head of the City government under the direction of the Council, except as otherwise provided in this Chapter. He/she shall be responsible for the efficient administration of all the affairs of the City which are under his/her control, including the responsibility for actions performed under delegated authority. In addition to the general powers as administrative head, and not as a limitation thereon, it shall be the City Manager's duty and he/she shall have the power for:

 A. Enforcement of Laws: To see that all laws and ordinances of the City are duly enforced and that all franchises, permits and privileges granted by the City are faithfully observed.

 B. Appointment and Removal of Employees: To appoint, promote, reclassify, demote or otherwise discipline and remove any officer or employee of the City, except as provided for in this Chapter. The City Manager may not appoint to nor remove from office the head of a department as identified in this Chapter without concurrence of the Council.

 C. Control of Employees: To control, order and give direction to all heads of departments, subordinate officers and employees of the City, to transfer employees from one department to another, to consolidate or combine offices and positions and to consolidate departments or units of government with the approval of the Council.

 D. Control Over Departments: To exercise control over all departments and department operations of the City government.

 E. Attendance at Council Meetings: To attend all meetings of the City Council unless excused therefrom by the Council.

 F. Attendance at Commission and Board Meetings: To attend meetings of any commission or board established in the City and to provide assistance when requested. Nothing contained in this subsection shall be deemed to grant the City Manager the power to control any board or commission.

 G. Recommend Ordinances and Resolutions: To recommend to the Council for adoption such measures, resolutions or ordinances as he/she deems necessary or expedient.

 H. Advise as to Finances: To keep the Council advised as to the financial conditions and needs of the City.

 I. Preparation of Budget: To prepare, submit and recommend to the Council the annual operating and capital improvements budget.

 J. Preparation of Salary Plan: To prepare, submit and recommend to the Council a salary plan for all appointed officers and employees of the City.

 K. Preparation of Personnel Policies and Standards: To prepare, submit and recommend to the Council personnel rules and regulations, position classifications, salary and benefit plans, and memorandums of understanding with recognized employee associations.

 L. Approval of Purchases: To approve the purchase of all goods and services for all departments or divisions of the City for which the Council has made an annual budget appropriation. To make emergency purchases of items when, in the opinion of the City Manager, the purchase is required for the operation of the government and when the concurrence of one member of the Council has been obtained. No warrant shall be submitted or recommended to the Council except on report or approval of the City Manager.

 M. Investigation of City Affairs: To make investigations into the affairs of the City and any department or division thereof and to assure the proper performance of any contracts or obligations to which the City is a party.

 N. Approval of Bonds: To approve, with the advice of the City Attorney, the bonds of contractors and bidders when such bonds are required.

 O. Investigation of Complaints: To investigate all complaints in relation to matters concerning the administration of City government and in regard to the service maintained by public utilities in the City.

 P. Supervision of Public Property: To exercise general supervision over all public buildings, public parks and other public property which are under the control and jurisdiction of the City and not specifically delegated to any other particular board or officer.

 Q. Signatory to Contracts and Agreements: To sign Council contracts, agreements and obligations as representative of the Council and the City, except when the signature of the Council is required by law or by specific direction of the Council.

 R. Represent the City: To represent the City in discussions of administrative and policy matters between the City and the County, State and Federal governments.

 S. Leadership in Civic Movements: To provide leadership for civic movements benefiting the residents of the City when so authorized by the Council.

 T. Devotion of Time to Duties: To devote his/her entire time to the duties of the office and the interests of the City.

 U. Performance of Delegated Duties: To perform such other duties and exercise such other powers as may be delegated to him/her from time to time by ordinance or resolution of the Council. (Ord. 951, 3-8-89; 1994 Code)
 

02.03.05: ADVISOR TO BOARDS AND COMMISSIONS:

The City Manager shall serve as an advisor to the Planning Commission and the Library Board and all boards and commissions established by the Council. (Ord. 951, 3-8-89)
 

02.03.06: LIMITATIONS ON POWERS:

The powers and control of the City Manager shall not be applied to the City Attorney, City Treasurer or the members of the Planning Commission, Library Board or other boards or commissions established by the Council unless such authority is specifically granted thereto by the Council. (Ord. 951, 3-8-89)
 

02.03.07: DELEGATION OF AUTHORITY:

Any power or authority assigned to the City Manager pursuant to the City Code, except the power to hire or fire a department head, may be delegated by the City Manager to an appropriate designated representative. Such delegation of authority shall not absolve the City Manager of his/her responsibilities under this Code. (Ord. 951, 3-8-89)
 

02.03.08: BOND:

The City Manager shall be covered by a public employee surety bond in an amount determined by the Council and shall be conditioned on the faithful performance of the duties imposed on the City Manager as prescribed by this Article. (Ord. 951, 3-8-89)

02.03.09: ABSENCE OR DISABILITY:

In case of temporary, short-term absence of the City Manager, the City Manager shall designate a duly qualified person to perform the duties of City Manager during the period of absence. In the case of disability or other longer absence of the City Manager, the Council may designate a duly qualified person to perform the duties of City Manager until such time as the City Manager shall return to his/her duties. (Ord. 951, 3-8-89)
 

02.03.10: REMOVAL:

The removal of the City Manager shall only be on a majority vote of the whole Council. In case of his/her intended removal by the Council, the City Manager shall be furnished with a written notice stating the Council's intention to remove him/her and the reasons therefor, at least thirty (30) days before the effective date of his/her removal. Within seven (7) days after the delivery to the City Manager of such notice, he/she may, by written notification to the City Clerk, request a public hearing before the Council. Thereafter, the Council shall fix a time for the public hearing which shall be held at its usual meeting place but before the expiration of the thirty (30) day period, and at which the City Manager may appear and be heard. After furnishing the City Manager with written notice of intended removal, the Council may suspend him/her from duty, but his/her compensation shall continue until removal by resolution of the Council passed subsequent to the aforesaid public hearing if such a hearing is requested or, if no hearing is requested, following the thirty (30) day period. In removing the City Manager, the Council shall use its sole discretion, and its action shall be final and shall not depend upon any particular showing or degree or proof at the hearing, the purpose of which is to allow the City Manager to publicly present to the Council his/her ground of opposition to removal prior to its action. (Ord. 951, 3-8-89)

ARTICLE 04 - Back to top

CITY ORGANIZATION
 

SECTION:

02.04.01: Departments Designated

02.04.02: Department Directors

02.04.03: Bonds

02.04.04: Hours Of Operation

02.04.05: City Attorney

02.04.06: City Treasurer

02.04.07: City Engineer

02.04.08: Boards And Commissions

02.04.09: Minutes Of Boards And Commissions

02.04.10: Joint Powers Organizations !2R!
 
 

 02.04.01: DEPARTMENTS DESIGNATED:

There are hereby established the following departments for the City's operations: Department of the City Manager, Department of Planning and Building, Police Department, Fire Department, Department of Public Works, and Library. (Ord. 095-1067, 2-8-1995)
 

02.04.02: DEPARTMENT DIRECTORS:

A. Title: The directors of each of the departments herein established shall be designated as "department heads".

B. Employment Status: All department heads shall be "at will employees", serving at the pleasure of the City Manager. The hiring or discharge of department heads shall be subject to concurrence by the Council as provided for by this Chapter.

C. Responsible To City Manager: All department heads shall report directly to the City Manager and shall be subject to the directions of the City Manager. (Ord. 951, 3-8-1989)
 

02.04.03: BONDS:

A. General Employees: All employees of the City shall be covered under an umbrella public employee bond in an amount to be established by the City Manager. Said bond shall be with a surety company authorized to do business in the State. (Ord. 951, 3-8-1989)

B. Specific Bonds: The positions of City Clerk, Finance Officer and Assistant City Manager shall have separate public official bonds in amounts to be established by the City Attorney. Said bonds shall be with a surety company authorized to do business in the State. (Ord. 095-1067, 2-8-1995)
 

02.04.04: HOURS OF OPERATION:

The hours of operations for each department of the City shall be established by the City Manager, subject to approval by the Council.

Hours for the library shall be established by the Library Board, subject to the approval of the City Manager and the Council. (Ord. 951, 3-8-1989)
 

02.04.05: CITY ATTORNEY:

The Council may employ an individual to serve as City Attorney. Said individual shall be selected on the basis of experience in municipal law and shall serve at the pleasure of the Council.

Compensation for the City Attorney shall be recommended by the City Manager and set by the Council. (Ord. 951, 3-8-1989)
 

02.04.06: CITY TREASURER:

The Council shall appoint an individual to serve as City Treasurer. Said individual shall have the duties and responsibilities of such position as are contained in the City Code and in the Government Code of the State, and shall serve at the pleasure of the Council.

The Treasurer shall have a public employee's bond in an amount to be established by the City Attorney. Said bond shall be with a surety company authorized to do business in the State.

Compensation for the Treasurer shall be recommended by the City Manager and approved by the Council. (Ord. 951, 3-8-89)
 

02.04.07: CITY ENGINEER:

The Council may employ an individual to serve as City Engineer. Said individual shall be selected on the basis of experience and shall be a registered engineer in the State. The Engineer shall serve at the pleasure of the Council.

Compensation for the Engineer shall be recommended by the City Manager and approved by the Council. (Ord. 951, 3-8-89)
 

02.04.08: BOARDS AND COMMISSIONS:

The Council shall establish and empower such boards or commissions as are required by State law and/or as the Council may create at its discretion.

Members of all boards and commissions shall serve at the pleasure of the Council. (Ord. 951, 3-8-89)
 

02.04.09: MINUTES OF BOARDS AND COMMISSIONS:

Each board or commission shall prepare and maintain minutes of its meetings. Such minutes shall become permanent and public records of the City upon approval by the respective board or commission. (Ord. 951, 3-8-89)
 

02.04.10: JOINT POWERS ORGANIZATIONS:

The Council may enter into joint powers agreements for the purpose of providing services to the City or for operations of the government. Said agreements shall be approved by resolution of the Council. (Ord. 951, 3-8-89)

ARTICLE 05 - Back to top

PERSONNEL
 
 

SECTION:

02.05.01: Personnel Rules and Regulations

02.05.02: City Manager Authority

02.05.03: Council to Act Through City Manager

02.05.04: Selection and Training of Public Safety Dispatchers !2R!
 
 

 02.05.01: PERSONNEL RULES AND REGULATIONS:

 A. Personnel Policies and Standards: The City shall establish personnel rules and regulations which shall govern the personnel administration of all employees of the City, except as otherwise provided for herein. Said rules and regulations shall include position classifications, and salary and benefit plans. Memorandums of understanding with recognized employee associations approved in compliance with applicable State law shall also be included. The personnel rules and regulations shall be prepared by the City Manager and shall be subject to approval by resolution of the Council.

 B. City Policies Prevail: In all situations where matters pertaining to personnel administration are not specifically covered by memorandums of understanding with recognized employee associations or by State or Federal law, the City's personnel policies and standards shall prevail, and all employees shall comply with the requirements contained therein.

 C. Department Rules: No department shall establish rules or regulations which are in contradiction with the personnel policies and standards approved by the Council. All department rules and regulations shall be subject to approval by the City Manager prior to taking effect.

 D. Salary Schedules: The City Manager shall prepare and recommend salary schedules for all position classifications in the City, and shall present same to the Council for approval. (Ord. 951, 3-8-89)
 

02.05.02: CITY MANAGER AUTHORITY:

Except as otherwise provided for in this Chapter, the City Manager shall have full authority and responsibility for the personnel administration of the City and shall be accountable for the personnel administration.

Except as specifically provided for in an approved memorandum of understanding, employees of the City shall be required to address all personnel related matters solely through the appropriate administrative procedures of command. (Ord. 951, 3-8-89)
 

02.05.03: COUNCIL TO ACT THROUGH CITY MANAGER:

The Council and its members shall deal with administration and formal personnel matters of the City only through the City Manager, except for the purpose of inquiry, and neither the Council nor any members thereof shall give orders to any employees under the direction of the City Manager. (Ord. 951, 3-8-89)

02.05.04: SELECTION AND TRAINING OF PUBLIC SAFETY DISPATCHERS:

A. The City declares that it desires to qualify to receive aid from the State under the provisions of section 13522, chapter 1, of title 4, part 4, of the California Penal Code.

B. Pursuant to section 13510(c), chapter 1, the City will adhere to standards for recruitment and training established by the California Commission on Peace Officer Standards and Training (POST).

C. Pursuant to section 13512, chapter 1, the Commission and its representatives may make such inquiries as deemed appropriate by the Commission to ascertain that the City's public safety dispatcher personnel adhere to standards for selection and training established by the Commission on Peace Officer Standards and Training. (Ord. 987, 2-7-91)

ARTICLE 06 - Back to top

FINANCE ADMINISTRATION
 
 

SECTION:

02.06.01: Demands and Warrants

02.06.02: Payroll Warrants

02.06.03: Accounts and Records

02.06.04: Claims Against the City

02.06.05: Investments

02.06.06: Purchasing

02.06.07: Surplus Property

02.06.08: Unclaimed Property

02.06.09: Air Quality Improvement Trust Fund !2R!
   

02.06.01: DEMANDS AND WARRANTS:

A. Presentation of Demand: Any demand against the City shall be in writing and may be in the form of a bill, invoice or formal demand. Each such demand shall be presented to the Finance Officer who shall examine the same for accuracy and attach thereto a certification of the director of the department originating the purchase acknowledging the receipt and acceptance of the goods or services rendered, as stated on the demand.

B. Preparation of Register of Demands: The Finance Officer shall prepare a timely register of demands containing all demands due and payable for endorsement by the City Manager. Any demand for an item not included within a budget appropriation approved by the Council shall be so indicated, and a minute action amendment to the budget authorizing such payment shall be requested.

The register of demands shall be presented to the Council for approval at the next regular meeting following the close of the month in which demands are received.

C. Approval by the City Council: The Council shall approve the register of demands prior to the issuance of a warrant in payment for the demand. The Council may remove, at its discretion, any item from the register of demands for further consideration.

Demands removed from the register shall be reinstated on the next register of demands unless the Council shall take specific action to reject payment.

D. Issuance of Warrants: The Finance Officer shall prepare a warrant in payment for each demand approved by the Council. Each warrant shall be signed by the City Manager or his/her designee approved by the Council, and a member of the Council.

E. Prepaid Warrants: The City Manager may approve the issuance of a warrant prior to approval of the Council if required to comply with State or Federal law or Council-approved contracts, to avoid financial penalties or as a prerequisite to receive the goods. No such warrant may be issued unless the expenditure conforms to the adopted budget.

All prepaid warrants shall be submitted to the Council for ratification at its next regular meeting.

F. Maintenance of Funds: It shall be the responsibility of the Treasurer, with the assistance of the Finance Officer, to assure that the proper funds are maintained to pay all warrants issued. (Ord. 951, 3-8-89)
 

02.06.02: PAYROLL WARRANTS:

Payroll warrants shall be prepared by the Finance Officer and approved by the City Manager. Payroll warrants shall be paid on a schedule recommended by the City Manager and approved by the Council. Said warrants shall be signed by the City Manager or his/her designee approved by the Council, and a member of the Council. (Ord. 951, 3-8-89)
 

02.06.03: ACCOUNTS AND RECORDS:

The Finance Officer shall be responsible for establishing and maintaining such accounts, funds and financial records as may be recommended for municipal governments under generally accepted accounting procedures or as may be required by State or Federal laws, and periodic reports of the City's accounts shall be provided to the Council, except as required of the City Treasurer by State law. (Ord. 951, 3-8-1989)
 

02.06.04: CLAIMS AGAINST THE CITY:

All claims against the City for damage, either to person or property, shall be presented to the City Clerk. The City Manager shall be authorized to approve payment of claims in an amount not to exceed five hundred dollars ($500.00). All claims exceeding said amount shall require the prior approval of the Council before payment. (Ord. 951, 3-8-1989)
 

02.06.05: INVESTMENTS:

The Council shall adopt an investment policy by resolution indicating the permitted investments of City funds. The Treasurer, with the assistance of the City Manager and the Finance Officer, shall be responsible for assuring that all investments are made in conformance with the adopted policy.

The City Treasurer shall present to the Council a monthly report indicating the status of all investments of City funds and such other information as may be required by State law. (Ord. 951, 3-8-1989)
 

02.06.06: PURCHASING:

A. Purchasing Officer: The City Manager shall be the Purchasing Officer for the City and shall purchase or cause to be purchased all supplies, equipment and contractual services requisitioned by all City departments and agencies.

B. Compliance With Procedures: Supplies, equipment and contractual services for all City departments shall be purchased in accordance with purchasing procedures prescribed by this Section, such administrative regulations as the Purchasing Officer shall promulgate and such other rules and regulations as may be prescribed by the Council.

C. Requisitions: All departments shall submit requisitions for supplies and equipment to the Purchasing Officer prior to a purchase order being issued.

D. Purchase Orders: Purchases of supplies and equipment shall be made by purchase order only. Purchase orders shall be approved and signed by the Purchasing Officer prior to any department making an acquisition of supplies or equipment, except as provided for by this Section.

E. Emergency Purchases: Purchases of supplies and equipment may be made on an emergency basis when the life or property of the citizens or employees of the City would be endangered without said purchase or when the City would be unable to perform its assigned duties without said purchase.

Emergency purchases must be signed by the supervisor on duty and shall be presented to the Purchasing Officer with an explanation of the emergency for concurrence by the Purchasing Officer at the earliest practical time.

F. Purchase Procedures (Less Than $1,000.00): Except as otherwise provided herein, purchases of supplies, equipment and services with an estimated value of less than one thousand dollars ($1,000.00) shall be pursuant to the procedure prescribed herein:

 1. A requisition shall be submitted for approval.

 2. A minimum of three (3) bids shall be obtained in the open market unless the Purchasing Officer determines such bids would not result in the lowest price from a qualified vendor.

  3. The lowest responsible bidder shall be indicated on a requisition form and submitted to the Purchasing Officer for approval.

  4. Upon approval by the Purchasing Officer, the acquisition may be executed. (Ord. 951, 3-8-1989; amd. 1994 Code)

G. Purchase Procedures ($1,000.00 To $15,000.00): Except as otherwise provided herein, purchases of supplies and equipment and agreements for contractual services with an estimated value greater than one thousand dollars ($1,000.00) but less than fifteen thousand dollars ($15,000.00) shall be pursuant to the procedure prescribed herein:

  1. A requisition shall be submitted for approval.

  2. A minimum of three (3) bids shall be obtained in writing from qualified vendors in the open market.

  3. A memorandum to the Purchasing Officer shall be prepared stating the item(s) for purchase, the vendors contacted, the lowest responsible bidder from whom acquisition is proposed and the reason for said selection.

  4. Upon approval of the vendor by the Purchasing Officer, a purchase order shall be prepared, and the acquisition may be executed.

 H. Purchase Procedures ($15,000.00 Plus): Except as otherwise provided herein, purchases of supplies and equipment and agreements for contractual services with an estimated value greater than fifteen thousand dollars ($15,000.00) shall be pursuant to the procedure prescribed herein:

  1. Notice Inviting Bid:

  a. Information Required: Notices inviting bids shall include a general description of the article or service to be acquired, a statement of where bid forms and specifications may be obtained, the time and place for receiving bids and the time and place for publicly opening bids.

  b. Circulation Of Notice: Notices inviting bids shall be published at least once in a newspaper of general circulation in the City. The notice may also be posted or published in such other manner as the Purchasing Officer may deem appropriate.

  2. Bidder's Security: When deemed necessary by the Purchasing Officer, bidder's security may be prescribed in the notices inviting bids.

  3. Acceptance Of Bids By Purchasing Officer: The Purchasing Officer shall not accept bids after the deadline for receiving bids set forth in the notice.

  4. Bid Opening Procedure: Sealed bids shall be submitted to the Purchasing Officer and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the notice. A tabulation of all bids received shall be open for public inspection during regular business hours.

  5. Acceptance Of Bid: Award of the bid to the lowest qualified bidder shall be by approval of Council.

  6. Rejection Of Bids: In its discretion, the Council may reject any or all bids presented and, after such rejection, may, at its discretion, request new bids.

  7. Bonds: The Purchasing Officer shall have authority to require performance, labor and material bonds, in such amounts as he/she shall find reasonably necessary to protect the best interest of the City, before entering into a contract. If the Purchasing Officer requires bonds, the form and amount of the bonds shall be described in the bid specifications. (Ord. 096-1097, 8-14-1996)

 I. Acquisition With Federal Or State Funds: All purchases of supplies and equipment and agreements for contractual services for which payment is to be made, in whole or in part, with Federal or State funds, regardless of the estimated value, shall be in accordance with the procedures contained in subsection H of this Section, or in accordance with applicable Federal or State regulations, whichever are more restrictive.

 J. Selection Of Vendor For Professional Services: Notwithstanding the requirements stated in this Section, selection of a vendor for professional services shall be based on the best qualified provider as determined by the Purchasing Officer or by the City Council.

 K. Open Purchase Orders: The Purchasing Officer shall be authorized to establish a system of open purchase orders to provide for the purchase of similar items from the same vendor without the requirement for the purchasing procedures contained herein. Said open purchase orders shall be based on a determination by the Purchasing Officer of the most qualified vendor.

 L. Purchases In Declared Emergency: In the event of a locally declared emergency or when a situation exists which endangers the life, safety or public welfare of citizens of the City, the City Manager shall be empowered to waive any portion of the purchasing procedures contained herein for such period of time as the emergency may exist. The City Manager shall present his/her action and the reasons therefor to the Council at its next regular meeting.

 M. Inspections: The Purchasing Officer shall inspect or cause to be inspected all supplies and equipment delivered to determine their conformance with the specifications set forth in the purchase order or bid documentation.

 N. Liability Coverage: When deemed appropriate by the City Manager to protect the liability exposure of the City, a supplier of goods or services to the City may be required to show proof of liability insurance in an amount deemed appropriate by the City Manager, and may be required to execute a contract holding harmless and indemnifying the City and its employees from all legal actions arising as a result of providing said goods or services. Said requirements, when applicable, shall be stated in the bid specifications.

 O. Waivers: In its discretion, the Council may, at any time, without amending this Code, waive purchasing procedures or alter these procedures for a specific purchase when the waiver is not in violation of applicable Federal or State law. (Ord. 951, 3-8-89; 1994 Code)
 

02.06.07: SURPLUS PROPERTY:

A. Authority of City Manager: The City Manager is authorized to declare City property as surplus, to dispose or cause to be disposed such property in the manner prescribed and to adopt such administrative regulations as may be necessary to accomplish the requirements contained herein.

B. Identification of Surplus Property: Each department head shall be responsible for identifying surplus City property within the department. Each department head shall state to the City Manager the item to be declared surplus and the reason for declaring it surplus, with a recommendation for its disposition.

C. Disposition of Surplus Property: Upon a determination that an item is surplus, the City Manager shall determine the means by which the property shall be disposed. Property may be disposed by any of the following means:

  1. Transfer to another department.

  2. Trade in for the acquisition of replacement item(s).

  3. Sale at public auction.

  4. Sale by negotiation.

  5. Disposal as trash.

D. Council Approval of Sale of Property: Disposition of surplus City property by sale at public auction or negotiation shall be approved by the City Council prior to the time of the sale. Such sales shall be publicly advertised ten (10) days prior to the time of the sale.

E. Proceeds from Sales: All proceeds from the sale of surplus City property shall be deposited in the City's General Fund unless otherwise required by State or Federal law.

F. Employees Prohibited from Participation: All officers and employees of the City and their immediate families shall be prohibited from participating in the sale by auction or negotiation of surplus City property. (Ord. 951, 3-8-89; 1994 Code)
 

02.06.08: UNCLAIMED PROPERTY:

 A. Presentation to Police Chief: It shall be the duty of every employee and officer of the City who shall find any lost money or other property in or upon any public grounds, highways, road, public building, place or property of the City to deliver the same to the Police Chief together with a written statement detailing the circumstances of the finding, including the time and place of the finding and the name and address of the owner or person believed to be the owner, if known.

 B. Protection of Unclaimed Property: The Police Chief shall care for and protect all unclaimed property coming into his/her possession and shall restore such property to its true owner upon proof of ownership satisfactory to him/her and upon payment of all necessary costs incurred in the care and protection thereof.

 C. Disposition of Unclaimed Property: Whenever unclaimed property has been held for a period of time as provided for by State law, and no lawful owner has been located, the Police Chief shall declare said property as surplus to be disposed of as provided for in Section 02.06.07 of this Article.

 D. Guns, Fireworks, etc.: Whenever any guns, weapons, arms, fireworks, explosives, contraband or other like property come into custody of the Police Chief, whether by finding, confiscation on public or private property or otherwise, such property shall be turned over to the City Manager who shall make such disposition thereof in the public interest as he/she shall see fit and in accordance with applicable State law. (Ord. 951, 3-8-89)
 

 02.06.09: AIR QUALITY IMPROVEMENT TRUST FUND:

 A. Definitions: For the purposes of this Section, the following definitions shall apply:

  FEE ADMINISTRATOR: The City Manager or his/her designee.

  MOBILE SOURCE AIR POLLUTION REDUCTION PROGRAM: Any program or project implemented by the City to reduce air pollution emitted from motor vehicles pursuant to the California Clean Air Act of 1988 or the Air Quality Management Plan for the South Coast Air Quality Management District prepared and adopted in accordance with the provisions of Health and Safety Code sections 40460 through 40470. !DEFEND!

 B. Fund Established; Management: The Fee Administrator shall establish a separate interest-bearing trust fund account with a financial institution authorized to accept deposits of City funds. This account shall be known as the Air Quality Improvement Trust Fund. All interest earned by the account shall be credited to this account. All funds received by City pursuant to Health and Safety Code sections 44243 and 44244, along with any other funds designated by the City Council, shall be deposited in this account and shall be used for the sole purpose of financing mobile source air pollution reduction programs. The Fee Administrator shall be responsible for depositing funds in the Air Quality Improvement Trust Fund.

 C. Audits: The City hereby consents to audits, at least once every two (2) years, of all programs and projects funded by vehicle registration fees provided by Health and Safety Code section 44243; provided, that such audit shall be conducted by an independent auditor selected by the South Coast Air Quality Management District. Audit costs shall be funded as provided in Health and Safety Code section 44244.1.

 D. Purpose and Interpretation: It is the intent of the City Council that the provisions of this Section and the interpretation of the term "mobile source air pollution reduction programs" shall be liberally construed to effectively carry out the purposes hereof which are hereby found and declared to be to further public health, safety, welfare and convenience, in accordance with the requirements and limitations of Health and Safety Code sections 44243 and 44244. (Ord. 993, 6-19-91)

ARTICLE 07 - Back to top

PARAMEDIC SERVICES
 
 

SECTION:

02.07.01: Service Established

02.07.02: Administration

02.07.03: Service Level

02.07.04: Emergency Transport

02.07.05: Fees for Service !2R!
 
 

02.07.01: SERVICE ESTABLISHED:

There is hereby established an emergency medical service consisting of mobile intensive care paramedic and emergency ambulance transportation services in the City. (Ord. 951, 3-8-89)
 

02.07.02: ADMINISTRATION:

The Fire Chief shall be responsible for the administration of the paramedic service. (Ord. 951, 3-8-89)
 

02.07.03: SERVICE LEVEL:

A. Positions Established: The Council shall determine the number of paramedic positions to provide the services established herein. The positions shall be considered as extensions of firefighting responsibilities and not as separate classifications.

B. Appointment: Appointments to the paramedic positions shall be made by the City Manager upon the recommendation of the Fire Chief.

C. Standby Positions: The City Manager shall be authorized to establish standby paramedic positions to serve during the absence of the regular paramedics. Creation of the standby positions shall not be viewed as increasing the number of authorized positions. (Ord. 951, 3-8-89)
 

02.07.04: EMERGENCY TRANSPORT:

The transportation provided by the City ambulance shall be for emergency purposes only, as determined by base station hospital doctors advising Fire Department paramedics. Patients in need of nonemergency ambulance transportation shall be referred to private ambulance services. (Ord. 951, 3-8-89)
 

02.07.05: FEES FOR SERVICE:

A. Fees Established: Services fees and charges for emergency ambulance services provided by the City shall be established by resolution of the Council.

B. Billing: The Fire Department shall have the authority and be responsible for the billing of charges for emergency ambulance services provided by the City.

C. Exemption from Fees: A person in custody of the Police Department or an employee of the City injured or suddenly ill while on duty for whom emergency ambulance service is provided by the City shall be exempt from the payment of fees for such service. (Ord. 951, 3-8-89)

ARTICLE 08  - Back to top

PLANNING COMMISSION
 
 

SECTION:

 02.08.01: Creation and Composition

02.08.02: Appointment and Term

02.08.03: Vacancies

02.08.04: Chairperson and Vice Chairperson

02.08.05: Compensation and Expenses

02.08.06: Meetings

02.08.07: Secretary to Commission; Records

02.08.08: Duties !2R!
 
 

02.08.01: CREATION AND COMPOSITION:

There is hereby created a City Planning Commission which shall consist of five (5) members. Each member shall be an elector of the City. (Ord. 951, 3-8-89)
 

02.08.02: APPOINTMENT AND TERM:

Members of the Planning Commission shall be appointed by the Mayor with the approval of the Council.

Members of the Commission shall serve a term of four (4) years, with terms commencing June 1 of the year of appointment; except, that of the commissioners first appointed, two (2) shall serve terms of two (2) years and three (3) shall serve terms of four (4) years. Thereafter, all Commissioners shall serve a term of four (4) years and until a successor has been appointed.

Commencing with terms that begin on or after July 1, 1992, no Commissioner may serve more than three (3) consecutive terms; however, after waiting a period of at least two (2) years following the end of the third consecutive term, a Commissioner may be reappointed. (Ord. 092-1009, 3-11-92)
 

02.08.03: VACANCIES:

Vacancies to the Planning Commission shall be filled by appointment of the Mayor with the approval of the council, after providing for a twenty (20) day public notice period of such vacancy. Appointment to fill a vacancy shall be for the remainder of the unexpired term. (Ord. 951, 3-8-89)
 

02.08.04: CHAIRPERSON AND VICE CHAIRPERSON:

The members of the Planning Commission shall select a chairperson and a vice chairperson from among its members. The chairperson and vice chairperson shall serve for two (2) year terms. Commencing with chairpersonship terms that begin on or after July 1, 1992, no chairperson may serve more than three (3) consecutive terms; however, after waiting a period of at least two (2) years following the end of the third consecutive term, a chairperson may be reappointed as chairperson. (Ord. 092-1009, 3-11-92)
  

02.08.05: COMPENSATION AND EXPENSES:

Members of the Planning Commission shall serve without compensation.

Expenses of members of the Commission in attendance at meetings related to their duties as members of the Planning Commission shall be paid for by the City when such attendance is approved by the Council. (Ord. 951, 3-8-89)
 

02.08.06: MEETINGS:

The Planning Commission shall meet on the fourth Wednesday of each and every calendar month at the hour of seven o'clock (7:00) P.M. in the Council Chamber of the City Hall. Special meetings may be called by action of the chairperson or by any three (3) members of the Commission. (Ord. 1003, 12-11-91)
 

02.08.07: SECRETARY TO COMMISSION; RECORDS:

The Planning and Building Director shall be the secretary of the Commission. All proceedings and actions by the Commission shall be public records, and the secretary shall record and preserve them. (Ord. 1003, 12-11-91)
  

02.08.08: DUTIES:

 A. State Law: The Commission shall be charged with such duties and shall be granted such powers as are granted to municipal planning commissions under provisions of the laws of the State.

 B. City Code: The Commission shall be charged with such duties and shall be granted such powers as are assigned to the Commission under provisions of the City Code.

 C. Advisory Agency: The Commission is hereby designated as the "advisory agency" of the City as defined in section 66415 of the State Government Code. (Ord. 951, 3-8-89)

ARTICLE 09 - Back to top

LIBRARY BOARD
 
 

SECTION:

02.09.01: Creation And Composition

02.09.02: Appointment And Term

02.09.03: Vacancies

02.09.04: Chairperson And Vice Chairperson

02.09.05: Secretary

02.09.06: Compensation And Expenses

02.09.07: Meetings

02.09.08: Duties

02.09.09: Compliance With City Regulations !2R!
 
 

02.09.01: CREATION AND COMPOSITION:

There is hereby created a City Library Board which shall consist of five (5) members and two (2) alternates. Each member and alternate shall be an elector of the City. (Ord. 096-1094, 7-10-1996)
 

02.09.02: APPOINTMENT AND TERM:

Members and alternates shall be appointed by the Mayor with the approval of the Council.

Members of the Board shall serve a term of three (3) years with terms commencing on June 1 of the year of appointment; except, that of the Boardmembers first appointed, two (2) shall serve terms of one year, two (2) shall serve a term of two (2) years and one shall serve a term of three (3) years. Thereafter, all Boardmembers and alternates shall serve a term of three (3) years commencing on June 1 of the year of appointment and until a successor has been appointed. (Ord. 096-1094, 7-10-1996)
 

02.09.03: VACANCIES:

Vacancies to the Library Board shall be filled by appointment of the Mayor with approval of the Council, after providing for a twenty (20) day public notice period of such vacancy. Appointment to fill a vacancy shall be for the remainder of the unexpired term. (Ord. 951, 3-8-1989)
 

02.09.04: CHAIRPERSON AND VICE CHAIRPERSON:

The members of the Library Board shall select a chairperson and a vice chairperson from among its members. The chairperson and vice chairperson shall serve for one year terms and may serve an unlimited number of terms. (Ord. 951, 3-8-1989)
 

02.09.05: SECRETARY:

The Library Board shall select a secretary to the Board from among its members. The secretary shall serve for a one year term and may serve an unlimited number of terms. (Ord. 951, 3-8-1989)
 

02.09.06: COMPENSATION AND EXPENSES:

Members of the Library Board shall serve without compensation.

Expenses of members of the Board in attendance at meetings related to their duties as members of the Library Board shall be paid for by the City when such attendance is approved by the Council. (Ord. 951, 3-8-1989)
 

02.09.07: MEETINGS:

The Board shall meet on the third Monday of the calendar month at the hour of seven thirty o'clock (7:30) A.M. at the public library building. Special meetings may be called pursuant to State law. The Board shall take action by majority vote of those present and constituting a quorum. A quorum shall consist of three (3) members or members and alternates. An alternate shall serve when any member is absent. (Ord. 096-1094, 7-10-1996; amd. Ord. 096-1100, 8-14-1996)
 

02.09.08: DUTIES:

The Library Board shall have such duties and responsibilities as may be established pursuant to sections 18900 through 18965 of the State Education Code, except as specifically precluded herein.

The Library Board shall also advise and inform the Council on matters pertaining to the programs and materials provided by the library and to advise the City Manager on budgetary matters. (Ord. 951, 3-8-1989)
 

02.09.09: COMPLIANCE WITH CITY REGULATIONS:

The Library Board shall comply with all provisions of the City's personnel and finance administration for all activities or operations funded pursuant to an allocation to the library by the Council. (Ord. 951, 3-8-1989)

ARTICLE 10 - Back to top

EL MOLINO VIEJO ADVISORY BOARD
 

SECTION:

02.10.01: Creation

02.10.02: Appointment and Term

02.10.03: Vacancies

02.10.04: Chairperson

02.10.05: Compensation

02.10.06: Meetings

02.10.07: Duties

02.10.08: Compliance with City Regulations !2R!
 

02.10.01: CREATION:

There is hereby created the El Molino Viejo Advisory Board, which shall consist of twelve (12) members. (1994 Code)
 

02.10.02: APPOINTMENT AND TERM:

 Members of the El Molino Viejo Advisory Board shall be appointed by the City Council. Members of the Board shall serve a term of three (3) years with terms commencing on July 1 of the year of the appointment. (1994 Code)
 

 02.10.03: VACANCIES:

 New members of the El Molino Viejo Advisory Board are recommended to the Council by a Nominating Committee of the current Board. Members are chosen for their interest in the facility, their background in California history or architecture, or their involvement in community service. (1994 Code)
 

 02.10.04: CHAIRPERSON:

 The members of the El Molino Viejo Advisory Board shall select a chairperson from among its members. The chairperson shall serve for a one (1) year term and may serve an unlimited number of terms. (1994 Code)
 

02.10.05: COMPENSATION:

 Members of the El Molino Viejo Advisory Board shall serve without compensation. (1994 Code)
 

 02.10.06: MEETINGS:

 The El Molino Viejo Advisory Board shall meet periodically at the El Molino Viejo, at the day and time determined by the chairperson. (1994 Code)
 

 02.10.07: DUTIES:

 The El Molino Viejo Advisory Board shall be responsible for setting all policies and overseeing the day-to-day operation of the facility. The chairperson shall report periodically to the City Council and may do so through the City Manager. (1994 Code)
 

 02.10.08: COMPLIANCE WITH CITY REGULATIONS:

 The El Molino Viejo Advisory Board shall comply with all provisions of the City's policies, regulations and ordinances as well as pertinent State and Federal laws and regulations. (1994 Code)

ARTICLE 11 - Back to top

FEES

SECTION:

02.11.01: House Watch Fees

02.11.02: False Alarm Response

02.11.03: Other Fees !2R!
 
 

 02.11.01: HOUSE WATCH FEES:

 Whenever an application is made to the Police Department for a house watch, the resident of said property shall pay a daily fee for said service, commencing with the first day of service. The house watch fee shall be established by resolution of the Council. (Ord. 951, 3-8-89)
 
 

02.11.02: FALSE ALARM RESPONSE:

 Whenever the Police Department is required to repeatedly respond to a false burglar alarm at the same location over a specified period of time, the owner of said property shall be billed for the responses. The fees and basis for determination of repeated responses shall be established by resolution of the Council. (Ord. 951, 3-8-89)
 
 

 02.11.03: OTHER FEES:

 The Council shall be authorized to impose such fees for the provision of services or the use of public property as may be provided for by State law. Said fees shall be established by resolution of the Council. (Ord. 951, 3-8-89)

ARTICLE 12 - Back to top

DESIGNATION OF HISTORICAL LANDMARKS
 
 

SECTION:

02.12.01: Purpose

02.12.02: Method of Designation !2R!
 
 

02.12.01: PURPOSE:

The City Council may designate a building, landmark or other property within the City as a local historical landmark in special recognition of the property's role during the formation and existence of the City. (Ord. 951, 3-8-89)
 

02.12.02: METHOD OF DESIGNATION:

Local historical landmarks may be designated as follows:

A. Petition: An individual or organization may petition the Council stating the name and location of the building, landmark or other property proposed for designation as a local historical landmark and the basis for such designation.

B. Council Review: Upon review of the facts presented, the Council may approve or deny the designation of the proposed building, landmark or other property as a "Local Historical Landmark". Approval of such designation shall be by resolution of the Council based on findings of the property's role during the formation and existence of the City.

C. Certification: When a building, landmark or other property is designated as a "Local Historical Landmark", the City Clerk shall submit a certified copy of the resolution indicating such designation to the State Historical Society, the City Historical Society and the individual or organization originally submitting the petition for designation. (Ord. 951, 3-8-89)

ARTICLE 13 - Back to top

RECREATION COMMISSION

SECTION:

02.13.01: Creation And Composition

02.13.02: Appointment And Term

02.13.03: Vacancies

02.13.04: Chairperson And Vice Chairperson

02.13.05: Secretary

02.13.06: Compensation And Expenses

02.13.07: Meetings

02.13.08: Duties !2R!
 

02.13.01: CREATION AND COMPOSITION:

There is hereby created a recreation commission which shall consist of five (5) members. Each member shall be an elector of the city. (Ord. 098-1122, 6-10-1998)
 

 02.13.02: APPOINTMENT AND TERM:

Members of the recreation commission shall be appointed by the mayor with the approval of the council.

Commissioners shall serve a term of three (3) years with the terms commencing on July 1 of the year of appointment; except, that of the commissioners first appointed, two (2) shall serve terms of one year, two (2) shall serve a term of two (2) years and one shall serve a term of three (3) years. Thereafter, all commissioners shall serve a term of three (3) years and until a successor has been appointed.

 A representative from the city council, the San Marino school board and the San Marino PTA council shall serve as nonvoting ex officio members of the recreation commission. These representatives shall serve for one year terms and shall be appointed by the leader of their respective organizations. (Ord. 098-1125, 10-14-1998)
 

02.13.03: VACANCIES:

Vacancies to the recreation commission shall be filled by appointment of the mayor with approval of the  council, after providing for a twenty (20) day public notice period of such vacancy. Appointment to fill a vacancy shall be for the remainder of the unexpired term. (Ord. 098-1122, 6-10-1998)
 

02.13.04: CHAIRPERSON AND VICE CHAIRPERSON:

The members of the recreation commission shall select a chairperson and a vice chairperson from among its members. The chairperson and vice chairperson shall serve for one year terms and may serve an unlimited number of terms. (Ord. 098-1122, 6-10-1998)
 

02.13.05: SECRETARY:

The recreation commission shall select a secretary to the board from among its members. The secretary shall serve for a one year term and may serve an unlimited number of terms. (Ord. 098-1122, 6-10-1998)
 

02.13.06: COMPENSATION AND EXPENSES:

Members of the recreation commission shall serve without compensation.

Expenses of recreation commissioners in attendance of meetings related to their duties as members of the recreation commission shall be paid for by the city when such attendance is approved by the council. (Ord. 098-1122, 6-10-1998)
 
02.13.07: MEETINGS:

The recreation commission shall establish its own regular meeting day and time. Said schedule may only be altered once per calendar year. Special meetings may be called pursuant to state law. (Ord. 099-1136, 11-10-1999)
   

02.13.08: DUTIES:

The recreation commission shall advise and inform the council on matters pertaining to public recreation programs, advise the city manager on recreation budgetary matters and perform such other duties and responsibilities as may be established by the council. (Ord. 098-1122, 6-10-1998)  

CHAPTER III

(Reserved)
 

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