Chapter 2 ADMINISTRATION*

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*Cross references: Civil emergencies, ch. 22; elections, ch. 26; human relations, ch. 46; human resources, ch. 50; administration of personnel merit system, § 50-111 et seq.; law enforcement, ch. 54; planning and development, ch. 78; administration of child care program, § 78-64; administration of off-site street improvement program, § 78-153; relationship between land development and transportation improvements, § 78-182; administration of subdivision regulations, § 94-3; taxation, ch. 98; administration of real property transfer tax, § 98-99; administration and enforcement of traffic and vehicle regulations, § 106-31 et seq.; utilities, ch. 110; administration of zoning regulations, § 122-31 et seq.

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Article I. In General

Secs. 2-1--2-30. Reserved.

Article II. City Council

Division 1. General

Sec. 2-31. Time and place of regular meetings.

Sec. 2-32. Notice of special meetings.

Secs. 2-33--2-50. Reserved.

Division 2. Appeals to City Council

Sec. 2-51. General.

Sec. 2-52. Appeal where public notice required.

Sec. 2-53. Appeal where public notice not required.

Sec. 2-54. Form of notice.

Sec. 2-55. Procedure.

Sec. 2-56. Prejudicial error.

Sec. 2-57. Right of Councilmembers and City Manager to request review.

Secs. 2-58--2-80. Reserved.

Article III. Officers and Employees

Division 1. General

Sec. 2-81. Collecting money.

Secs. 2-82--2-100. Reserved.

Division 2. Compensation

Sec. 2-101. City Clerk.

Sec. 2-102. City Treasurer.

Sec. 2-103. Councilmembers.

Sec. 2-104. Appointive officers.

Sec. 2-105. Manner of payment.

Secs. 2-106--2-120. Reserved.

Division 3. Bonds

Sec. 2-121. City Clerk.

Sec. 2-122. Treasurer.

Sec. 2-123. City Manager.

Sec. 2-124. Chief of Police.

Sec. 2-125. Bonds to be filed with Clerk.

Sec. 2-126. Council may provide for additional bonds.

Secs. 2-127--2-140. Reserved.

Division 4. City Manager

Sec. 2-141. Appointment; qualifications; removal.

Sec. 2-142. General authority.

Sec. 2-143. Duties.

Secs. 2-144--2-160. Reserved.

Division 5. City Engineer

Sec. 2-161. City Engineer to act as Superintendent of Streets.

Sec. 2-162. Delegation of duties.

Secs. 2-163--2-200. Reserved.

Article IV. Departments

Division 1. General

Secs. 2-201--2-220. Reserved.

Division 2. Department of Finance

Sec. 2-221. Established.

Sec. 2-222. Duties and responsibilities.

Sec. 2-223. Departmental reports.

Sec. 2-224. Additional duties.

Sec. 2-225. Director of Finance.

Sec. 2-226. Financial and accounting duties of City Clerk transferred.

Sec. 2-227. Deputy Directors of Finance.

Secs. 2-228--2-270. Reserved.

Article V. Boards, Commissions, and Committees

Division 1. General

Sec. 2-271. Appointment of alternates.

Secs. 2-272--2-290. Reserved.

Division 2. Board of Appeals

Sec. 2-291. Established; membership; compensation of members.

Sec. 2-292. Purpose and intent.

Sec. 2-293. Terms of members; absence from meetings.

Sec. 2-294. Rules of procedure; designation of committees and task forces.

Sec. 2-295. Vacancies.

Sec. 2-296. Powers and responsibilities.

Sec. 2-297. Limitation on responsibilities.

Secs. 2-298--2-320. Reserved.

Division 3. Commission on Aging

Sec. 2-321. Established; membership; compensation of members.

Sec. 2-322. Purpose and intent.

Sec. 2-323. Terms of members; absence from meetings.

Sec. 2-324. Rules of procedure; designation of committees and task forces.

Sec. 2-325. Vacancies.

Sec. 2-326. Powers and responsibilities.

Secs. 2-327--2-350. Reserved.

Division 4. Community Services Commission

Sec. 2-351. Established; membership; compensation of members.

Sec. 2-352. Purpose and intent.

Sec. 2-353. Terms of members; absence from meetings.

Sec. 2-354. Rules of procedure; designation of committees and task forces.

Sec. 2-355. Vacancies.

Sec. 2-356. Powers and responsibilities.

Secs. 2-357--2-380. Reserved.

Division 5. Human Relations Commission

Sec. 2-381. Established; membership; compensation of members.

Sec. 2-382. Statement of policy.

Sec. 2-383. Purpose and intent.

Sec. 2-384. Terms of members; absence from meetings.

Sec. 2-385. Rules of procedure; designation of committees and task forces.

Sec. 2-386. Vacancies.

Sec. 2-387. Powers and responsibilities.

Secs. 2-388--2-410. Reserved.

Division 6. Parks, Recreation and Open Space Commission

Sec. 2-411. Established; membership; compensation of members.

Sec. 2-412. Terms of members; absence from meetings.

Sec. 2-413. Rules of procedure; designation of committees and task forces.

Sec. 2-414. Vacancies.

Sec. 2-415. Powers and responsibilities.

Secs. 2-416--2-440. Reserved.

Division 7. Personnel Board

Sec. 2-441. Established.

Sec. 2-442. Membership; vacancies; absence from meetings.

Sec. 2-443. Qualifications of members; compensation of members.

Sec. 2-444. Duties and powers.

Secs. 2-445--2-470. Reserved.

Division 8. Planning Commission

Sec. 2-471. Membership; compensation of members.

Sec. 2-472. Terms of members.

Sec. 2-473. Rules of procedure; designation of committees and task forces.

Sec. 2-474. Vacancies.

Sec. 2-475. Powers and responsibilities.

Secs. 2-476--2-570. Reserved.

Article VI. Redevelopment Agency

Sec. 2-571. Findings.

Sec. 2-572. Designation of Council.

Sec. 2-573. Name.

Secs. 2-574--2-590. Reserved.

Article VII. Finance

Division 1. General

Sec. 2-591. Special gas tax street improvement fund.

Sec. 2-592. State motor vehicle license fee fund.

Secs. 2-593--2-610. Reserved.

Division 2. Demands Against City Treasury

Sec. 2-611. Authority.

Sec. 2-612. Claims required.

Sec. 2-613. Form of claims.

Sec. 2-614. Claim prerequisite to suit.

Sec. 2-615. Suit.

Secs. 2-616--2-640. Reserved.

Article VIII. Purchasing

Sec. 2-641. Purpose of article.

Sec. 2-642. Definitions.

Sec. 2-643. Purchasing authority.

Sec. 2-644. General policy; emergency purchases.

Sec. 2-645. Bidding regulations for purchases over $10,000.00 that are not public projects.

Sec. 2-646. Waiver of bidding regulations.

ARTICLE I. IN GENERAL

Secs. 2-1--2-30. Reserved.

ARTICLE II. CITY COUNCIL

DIVISION 1. GENERAL

Sec. 2-31. Time and place of regular meetings.

Regular meetings of the City Council shall be held in the Farrel A. Stewart Civic Center, 1950 Parkside Drive, Concord. The City Council shall, by resolution, establish the day of the week, the number of meetings per month, and the time the meetings will convene. The City Clerk shall post an agenda, as required by Government Code § 54954.2, identifying the room(s) within the Civic Center where the meeting will be conducted.

(Code 1965, § 2100; Ord. No. 229; Ord. No. 90-29; Ord. No. 91-11)

Sec. 2-32. Notice of special meetings.

At any time, the Mayor or three Councilmembers may call a special meeting by delivering written notice to each member at least 24 hours before the meeting. Written notice may be dispensed with if all Councilmembers give their written consent to the meeting and the consent is filed in the Clerk's office when the meeting is held. The Councilmembers may give such notice by telegram.

(G.C. § 54956; Code 1965, § 2102; Ord. No. 1; Ord. No. 687; Ord. No. 90-29)

Secs. 2-33--2-50. Reserved.

DIVISION 2. APPEALS TO CITY COUNCIL

Sec. 2-51. General.

Except where otherwise expressly provided, appeals to the City Council shall be of two forms, dependent upon the manner of giving notice of the hearing of the appeal.

(Code 1965, § 2900; Ord. No. 845)

Sec. 2-52. Appeal where public notice required.

In all appeals where notice to the general public is required by this Code or by determination of the City Council, an appeal shall be perfected as follows:

(Code 1965, § 2901; Ord. No. 845)

(1) Filing. Unless otherwise provided by law, notice of appeal must be in writing and filed with the City Clerk within ten calendar days of the act, decision, motion, or resolution from which the appeal is taken.

(Code 1965, § 2901; Ord. No. 845; Ord. No. 1057)

(2) Contents. The notice of appeal shall set forth, in concise language, the following:

(Code 1965, § 2901; Ord. No. 845)

a. Date of appeal;

(Code 1965, § 2901; Ord. No. 845)

b. Name of appellant;

(Code 1965, § 2901; Ord. No. 845)

c. Individual representing appellant;

(Code 1965, § 2901; Ord. No. 845)

d. Address to which notices shall be sent;

(Code 1965, § 2901; Ord. No. 845)

e. Telephone number of representative;

(Code 1965, § 2901; Ord. No. 845)

f. Name of applicant, if different from appellant;

(Code 1965, § 2901; Ord. No. 845)

g. Commission, board, officer, or department whose action or decision is being appealed;

(Code 1965, § 2901; Ord. No. 845)

h. Date of action or decision from which appeal is taken;

(Code 1965, § 2901; Ord. No. 845)

i. Action or decision being appealed;

(Code 1965, § 2901; Ord. No. 845)

j. Grounds for appeal;

(Code 1965, § 2901; Ord. No. 845)

k. Address and description of real property involved.

(Code 1965, § 2901; Ord. No. 845; Ord. No. 92-24)

(3) Filing fee. A notice of appeal shall not be accepted by the City Clerk until a filing fee in the amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services has been paid to the Finance Department with a receipt evidencing such payment delivered to the City Clerk. In the event an appeal is abandoned or terminated prior to publication of notice, the filing fee shall be refunded, less any actual costs expended by the city in processing the appeal.

(Code 1965, § 2901; Ord. No. 845; Ord. No. 1131; Ord. No. 1180; Ord. No. 92-24)

(4) Notifying Council. The City Clerk shall place the matter of the notice of appeal on the agenda of the meeting of the City Council, the preparation of which agenda immediately follows filing of notice of appeal.

(Code 1965, § 2901; Ord. No. 845)

(5) Setting for public hearing. The City Council shall determine when a notice of appeal is in order and, if it so finds, shall set the time and the place of public hearing and may provide for special notice in addition to what is herein set forth. Unless otherwise specified, all hearings on appeals before the City Council shall be held in the Council chambers at the Civic Center.

(Code 1965, § 2901; Ord. No. 845; Ord. No. 92-24)

(6) Date. The public hearing shall be set no less than 12 and no more than 45 calendar days from date of Council action setting the matter for hearing, unless otherwise provided by law. Notwithstanding the provisions herein, upon request of an interested party and a showing of good cause, or upon its own motion, the Council may change the date of hearing or continue the hearing.

(Code 1965, § 2901; Ord. No. 845)

(7) Manner of notice.

a. Publication. A copy of the notice of the time and place of the public hearing shall be published once in a newspaper of general circulation in the city at least ten calendar days prior to the date of hearing.

(Code 1965, § 2901; Ord. No. 845)

b. Mailing. Where the appeal affects the zoning, use, abatement, occupancy, or ownership of described real property, then, at least ten calendar days prior to the hearing, written notice of the hearing shall be mailed to all of the following:

(Code 1965, § 2901; Ord. No. 845; Ord. No. 85-4)

1. All owners and occupants of real property located within 300 feet of the real property which is the subject of the appeal. Owners of real property shall be determined as they appear on the latest equalized assessment roll;

(Code 1965, § 2901; Ord. No. 845; Ord. No. 85-4; Ord. No. 93-11)

2. The appellant/applicant;

(Code 1965, § 2901; Ord. No. 845; Ord. No. 85-4)

3. Any person who has specifically requested notice;

(Code 1965, § 2901; Ord. No. 845; Ord. No. 85-4)

4. All persons who spoke on the matter at any prior hearings by any city board, commission, or agency on the same matter. Notice to such persons shall be mailed only if they provided their names and addresses at the time they spoke at the prior hearing, and if the board, commission, or agency provides the names and addresses to the City Clerk's office;

(Code 1965, § 2901; Ord. No. 845; Ord. No. 85-4)

5. Where neither the appellant nor the applicant appears on the latest equalized assessment roll as the owner of the property, notice shall be mailed within the ten-day period to the owner at the address shown on the latest equalized assessment roll and to "Occupant," if any, at the property's address;

(Code 1965, § 2901; Ord. No. 845; Ord. No. 85-4)

6. Records of the County Assessor which contain more recent information than the assessment roll may be utilized in lieu of the latest equalized assessment roll for determining the names and addresses of property owners. The decision as to what Assessor's information will be used is within the sole discretion of the city;

(Code 1965, § 2901; Ord. No. 845; Ord. No. 85-4)

7. At the time of filing the appeal, the appellant shall provide a sufficient number of stamped envelopes to use in meeting the mailing requirements of this section. The appellant shall be responsible for ascertaining the names, addresses, and parcel numbers of all persons entitled to receive notice under this section and shall be responsible for addressing each envelope submitted. The envelope shall show the parcel number of the property the addressee owns if the notice is mailed pursuant to subsection b.1 of this subsection. All envelopes shall have as a return address the address of the city offices.

(Code 1965, § 2901; Ord. No. 845; Ord. No. 85-4)

c. Posting.

1. A copy of the notice of the time and place of public hearing concerning specific property shall be one notice of not less than 11 inches by 17 inches in size posted in a clearly visible location on each frontage of the subject property at least ten days prior to the public hearing. The posting of signs shall not be required where a zoning amendment is initiated by the city and affects multiple ownerships.

(Code 1965, § 2901; Ord. No. 93-11)

2. The notices shall be posted by the applicant. The applicant shall be responsible for ensuring that the notices are maintained in good condition and must replace any notice within one working day if it has been moved, fallen, or been destroyed.

(Code 1965, § 2901; Ord. No. 93-11)

(8) Form. Notice shall be in a form as described in section 2-54.

(Code 1965, § 2901; Ord. No. 845)

Sec. 2-53. Appeal where public notice not required.

In those appeals where an individual's interests are involved and no purpose would be served by notice to the general public, an appeal shall be perfected as follows:

(Code 1965, § 2902; Ord. No. 845)

(1) Filing. Unless otherwise provided by law, notice of appeal must be in writing and filed with the City Clerk within ten calendar days of the act, decision, motion, or resolution from which the appeal is taken.

(Code 1965, § 2902; Ord. No. 845; Ord. No. 1057)

(2) Form. The notice of appeal shall set forth, in concise language, the following:

(Code 1965, § 2902; Ord. No. 845)

a. Date of appeal;

(Code 1965, § 2902; Ord. No. 845)

b. Name of appellant;

(Code 1965, § 2902; Ord. No. 845)

c. Individual representing appellant;

(Code 1965, § 2902; Ord. No. 845)

d. Address to which notices shall be sent;

(Code 1965, § 2902; Ord. No. 845)

e. Telephone number of representative;

(Code 1965, § 2902; Ord. No. 845)

f. Name of applicant, if different from appellant;

(Code 1965, § 2902; Ord. No. 845)

g. Commission, board, officer, or department whose action or decision is being appealed;

(Code 1965, § 2902; Ord. No. 845)

h. Date of action or decision from which appeal is taken;

(Code 1965, § 2902; Ord. No. 845)

i. Action or decision being appealed;

(Code 1965, § 2902; Ord. No. 845)

j. Grounds for appeal;

(Code 1965, § 2902; Ord. No. 845)

k. Address and description of real property involved.

(Code 1965, § 2902; Ord. No. 845; Ord. No. 92-24)

(3) Filing fee. No notice of appeal shall be accepted for filing by the City Clerk until a filing fee in the amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services has been paid to the Finance Department with a receipt evidencing such payment delivered to the City Clerk.

(Code 1965, § 2902; Ord. No. 845; Ord. No. 92-24)

(4) Notifying Council. The City Clerk shall place the matter of the notice of appeal on the agenda of the meeting of the City Council, the preparation of which agenda immediately follows filing of notice of appeal.

(Code 1965, § 2902; Ord. No. 845)

(5) Setting for hearing. The City Council shall determine when a notice of appeal is in order and, if it so finds, shall set the time and the place of hearing and may provide for special notice in addition to the notice prescribed herein.

(Code 1965, § 2902; Ord. No. 845; Ord. No. 92-24)

(6) Date. The hearing shall be no less than seven and no more than 45 calendar days from date of City Council action setting the matter for hearing. Notwithstanding the provisions herein, upon request of an interested party and a showing of good cause, or upon its own motion, the Council may change the date of hearing to an earlier or later date or continue the hearing.

(Code 1965, § 2902; Ord. No. 845; Ord. No. 92-24)

(7) Manner of notice.

a. Mailing. At least ten calendar days prior to the hearing, written notice of the hearing shall be mailed to the appellant, to all persons who spoke on the matter at any prior hearings by any city board, commission, or agency on the same matter, and to any person who has specifically requested notice of the hearing. The notice to persons who spoke at prior hearings shall be mailed only if they provided their name and address at the time they spoke at the prior hearing, and if the board, commission, or agency provides the names and addresses to the City Clerk's office.

(Code 1965, § 2902; Ord. No. 845; Ord. No. 85-4)

b. Additional mailing. In addition to the foregoing notices, when the appeal affects the zoning, use, abatement, occupancy, or ownership of described real property, then, at least ten calendar days prior to the hearing, written notice of the hearing shall also be sent to the following:

(Code 1965, § 2902; Ord. No. 845; Ord. No. 85-4)

1. All owners and occupants of real property located within 300 feet of the real property which is the subject of the appeal. Owners of real property shall be determined as they appear on the latest equalized assessment roll.

(Code 1965, § 2902; Ord. No. 845; Ord. No. 85-4; Ord. No. 93-11)

2. Where neither the appellant nor the applicant appears on the latest equalized assessment roll as the owner of the property, notice shall be mailed within the ten-day period to the owner at the address shown on the last equalized assessment roll, and to "Occupant," if any, at the property's address.

(Code 1965, § 2902; Ord. No. 845; Ord. No. 85-4)

3. Records of the County Assessor which contain more recent information than the assessment roll may be utilized in lieu of the latest equalized assessment roll for determining the names and addresses of property owners. The decision as to what Assessor's information will be used is within the sole discretion of the city.

(Code 1965, § 2902; Ord. No. 845; Ord. No. 85-4)

4. At the time of filing the appeal, the appellant shall provide a sufficient number of stamped envelopes to use in meeting the mailing requirements of this section. The appellant shall be responsible for ascertaining the names, addresses, and parcel numbers of all persons entitled to receive notice under this section and shall be responsible for addressing each envelope submitted. The envelope shall show the parcel number of the property the addressee owns if the notice is mailed pursuant to subsection b.1 of this subsection. All envelopes shall have as a return address the address of the city offices.

(Code 1965, § 2902; Ord. No. 845; Ord. No. 85-4)

c. Posting.

1. A copy of the notice of the time and place of public hearing concerning specific property shall be one notice of not less than 11 inches by 17 inches in size posted in a clearly visible location on each frontage of the subject property at least ten days prior to the public hearing. The posting of signs shall not be required where a zoning amendment is initiated by the city and affects multiple ownerships.

(Code 1965, § 2902; Ord. No. 93-11)

2. The notices shall be posted by the applicant. The applicant shall be responsible for insuring that the notices are maintained in good condition and must replace any notice within one working day if it has been moved, fallen, or been destroyed.

(Code 1965, § 2902; Ord. No. 93-11)

(8) Form. Notice shall be in a form as described in section 2-54.

(Code 1965, § 2902; Ord. No. 845)

Sec. 2-54. Form of notice.

The form of notice of public hearing shall be in the manner provided in Government Code § 65094. Such notice shall include the date, time, and place of public hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, and a general description in text or by diagram of the location of the real property, if any, that is the subject of the hearing.

(Code 1965, § 2903; Ord. No. 845; Ord. No. 92-24)

Sec. 2-55. Procedure.

Hearings shall be conducted in accordance with Council procedure for the conduct of hearings. The Council may examine witnesses under oath and issue subpoenas as provided by law. Each Councilmember shall have the power to administer oaths to witnesses. After the close of the public hearing, the Council shall review the evidence and shall render its decision at any time within 60 days after the close of the public hearing, provided that said time may be extended with the consent of the appellant. If the appeal is not decided in said time period, it is presumed denied. Except for disciplinary proceedings, the burden of proof is upon the appellant. The decision of the City Council after appeal is final.

(Code 1965, § 2904; Ord. No. 845)

Sec. 2-56. Prejudicial error.

No action, inaction, or recommendation regarding any matter for which an appeal is taken in accordance with this chapter by the legislative body, or any administrative body, or any official of the city shall be held valid or invalid by reason of any error, irregularity, informality, neglect, or omission (hereinafter called "error") as to any matter pertaining to petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, or any matters of procedure whatever unless the error complained of was prejudicial, and that by reason of such error the party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probable if such error had not occurred or existed.

(Code 1965, § 2905; Ord. No. 845)

Sec. 2-57. Right of Councilmembers and City Manager to request review.

In any matter where there is an appeal procedure available to an interested party as provided in this Code, a member of the City Council or City Manager may, by following the appropriate appeal procedures, request a review by the City Council. There shall be no fee for such a review. Filings, notices, hearings, and actions available shall be identical to the appeal process. The filing of a request for review shall not disqualify a Councilperson from testifying, deliberating, or voting on the matter that is subject to review.

(Code 1965, § 2906; Ord. No. 1160)

Secs. 2-58--2-80. Reserved.

ARTICLE III. OFFICERS AND EMPLOYEES*

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*Cross references: Personnel Director, § 50-113; Zoning Administrator, § 122-51 et seq.

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DIVISION 1. GENERAL

Sec. 2-81. Collecting money.

Any officer or employee of the city collecting or receiving any money belonging to or for the use of the city shall deposit it immediately in the treasury for the benefit of the funds to which it belongs. He shall report such deposits to and settle with the Director of Finance daily.

(G.C. § 36522; Code 1965, § 2205; Ord. No. 687)

Secs. 2-82--2-100. Reserved.

DIVISION 2. COMPENSATION

Sec. 2-101. City Clerk.

The compensation to be paid the City Clerk shall be set by resolution of the City Council.

(Code 1965, § 2200; Ord. No. 897)

Sec. 2-102. City Treasurer.

The compensation to be paid the City Treasurer shall be set by resolution of the City Council.

(Code 1965, § 2201; Ord. No. 3; Ord. No. 687; Ord. No. 810; Ord. No. 910)

Sec. 2-103. Councilmembers.

Each City Council member shall receive compensation of $1300.00 per month for services to the city as a Councilmember.

(Code 1965, § 2202; Ord. No. 256; Ord. No. 717; Ord. No. 733; Ord. No. 982; Ord. No. 1012; Ord. No. 1212; Ord. No. 84-20; Ord. No. 85-43; Ord. No. 06-13)

Sec. 2-104. Appointive officers.

The compensation of all appointive officers shall be fixed by the City Council and may be changed by it from time to time.

(Code 1965, § 2203; Ord. No. 3; Ord. No. 687)

Sec. 2-105. Manner of payment.

The compensation herein provided to be paid to city officers shall be due and payable to them in installments bi-weekly on alternate Fridays, or at such other times as the Council shall provide by resolution duly adopted.

(Code 1965, § 2204; Ord. No. 3)

Secs. 2-106--2-120. Reserved.

DIVISION 3. BONDS

Sec. 2-121. City Clerk.

The City Clerk, before entering upon the duties of that office, shall execute a bond to the city in the penal sum of $1,000.00, conditioned for the faithful performance of the duties of that office and for the faithful performance of such other duties as are now or may hereafter be made upon the incumbent thereof.

(Code 1965, § 2300; Ord. No. 2; Ord. No. 687)

Sec. 2-122. Treasurer.

The City Treasurer, before entering upon the duties of that office, shall execute to the city a bond in the penal sum of $15,000.00, conditioned for the faithful performance of the duties thereof, and shall post such additional bond or bonds as may be required in connection with additional prescribed duties.

(Code 1965, § 2301; Ord. No. 68; Ord. No. 687)

Sec. 2-123. City Manager.

The City Manager, before entering upon the duties of that office, shall execute to the city a good and sufficient bond in the penal sum of $5,000.00, which shall be conditioned for the faithful performance of the duties of such office. Said bond shall be filed with the Clerk.

(Code 1965, § 2302; Ord. No. 90; Ord. No. 227; Ord. No. 687)

Sec. 2-124. Chief of Police.

The Chief of Police, before entering upon his duties, shall execute to the city a bond in the penal sum of $5,000.00, conditioned for the faithful performance of the duties of that office and for the faithful performance of the duties of such other offices of which he is now or may hereafter be made ex-officio incumbent.

(Code 1965, § 2303; Ord. No. 68; Ord. No. 687)

Sec. 2-125. Bonds to be filed with Clerk.

All the bonds provided for in this division shall be approved by the City Council and shall be filed with the City Clerk, except the bond of the Clerk, which shall be filed with the Finance Director. The bonds required by this division shall each have two or more sufficient sureties, who shall qualify thereon according to law.

(Code 1965, § 2304; Ord. No. 2; Ord. No. 687)

Sec. 2-126. Council may provide for additional bonds.

The Council may provide for such additional bond or bonds in such amounts and covering such employees as the Council may from time to time deem necessary.

(Code 1965, § 2305; Ord. No. 687)

Secs. 2-127--2-140. Reserved.

DIVISION 4. CITY MANAGER

Sec. 2-141. Appointment; qualifications; removal.

(a) A City Manager shall be appointed by the City Council solely on the basis of an objective evaluation of his administrative qualifications; he need not be a resident of the city at the time of his appointment, and he shall hold office at the pleasure of the City Council. No person elected or appointed to membership on the City Council shall, subsequent to such election or appointment, be eligible for appointment as City Manager until one year has elapsed following the expiration of the last term for which he was elected or appointed.

(Code 1965, § 2206; Ord. No. 227; Ord. No. 687)

(b) In the event of an intended removal from office by the City Council, the City Manager shall be furnished with a written notice stating the Council's intention to remove him and the reasons therefor at least 30 days prior to the effective date of his removal. Within seven days after the delivery to him of such notice, the City Manager, by written notification to the City Clerk, may request a public hearing before the Council. The Council shall then determine the time and date for such a hearing, which shall occur before the 30-day period and at which time the City Manager shall appear and be heard. Subsequent to furnishing the City Manager with notice of intent, the Council may suspend him from duty without loss of salary until such time as his removal has been accomplished by resolution subsequent to the public hearing. The Council, in removing the Manager, shall exercise its uncontrolled discretion; its action shall be final and shall not be predicated upon any particular showing or degree of proof at the public hearing, the sole purpose of which is to allow the City Manager to present publicly his basis of opposition to his removal.

(Code 1965, § 2206; Ord. No. 227; Ord. No. 687)

(c) If required by the City Council, the City Manager shall furnish a surety bond in such sum as the Council may determine.

(Code 1965, § 2206; Ord. No. 227)

Sec. 2-142. General authority.

Except for the purpose of inquiry, the City Council and its members shall deal with the administrative service solely through the City Manager, and neither the City Council nor any member thereof shall give orders to any of the subordinates of the City Manager.

(Code 1965, § 2207; Ord. No. 227)

Sec. 2-143. Duties.

The City Manager shall be the administrative head of the city government under the direction and control of the Council, except as otherwise provided for by ordinance. He shall be responsible to the City Council for the efficient administration of the affairs of the city which are under his control. In addition to the City Manager's general powers as administrative head, and not as a limitation thereon, he shall have the following duties:

(Code 1965, § 2208; Ord. No. 227)

(1) To see that all laws and ordinances are duly enforced;

(Code 1965, § 2208; Ord. No. 227)

(2) To employ, discipline, or remove all heads of departments and all subordinate officers and employees of the city, to transfer employees from one department to another, and to consolidate or combine offices, designate departments and department head titles, and positions under his jurisdiction, with the approval of the City Council in each instance; however, nothing herein contained shall apply to the City Clerk, City Treasurer, or City Attorney; provided further the authority given the City Manager under the terms of this paragraph shall be subject to any civil service or personnel system now or hereafter established by ordinance;

(Code 1965, § 2208; Ord. No. 227; Ord. No. 94-5)

(3) To exercise control over all departments and divisions of the city government and over all appointive officers and employees thereof subject to the approval of the City Council;

(Code 1965, § 2208; Ord. No. 227)

(4) To attend all meetings of the Council, except when his removal is under consideration, unless excused therefrom by the Council;

(Code 1965, § 2208; Ord. No. 227)

(5) To recommend to the Council such measures and ordinances as he deems necessary or proper;

(Code 1965, § 2208; Ord. No. 227)

(6) To serve as Purchasing Officer of the city and have the responsibility as such to make all purchases. The City Manager may delegate the duties of Purchasing Officer to other city employees;

(Code 1965, § 2208; Ord. No. 227; Ord. No. 687; Ord. No. 1001)

(7) To serve as Personnel Director under the personnel merit system in the absence of the Personnel Director or, if both the City Manager and Personnel Director are absent, the City Manager may delegate the functions of the Director to a city employee;

(Code 1965, § 2208; Ord. No. 763; Ord. No. 813)

(8) To approve all warrants drawn upon the city treasury before they are presented to the City Council;

(Code 1965, § 2208; Ord. No. 227; Ord. No. 687)

(9) To serve as Director of Civil Defense;

(Code 1965, § 2208; Ord. No. 227; Ord. No. 687)

(10) To consolidate departmental budget requests and prepare budgets for Council review and adoption; to be responsible for administration of the government of the city;

(Code 1965, § 2208; Ord. No. 227; Ord. No. 687)

(11) To investigate all complaints in relation to all matters concerning the administration of the government of the city;

(Code 1965, § 2208; Ord. No. 227; Ord. No. 687)

(12) To investigate all complaints made to the city with regard to services maintained by public utilities in the city, to ensure that the provisions of franchises, permits, privileges, and contracts granted by the city are faithfully observed;

(Code 1965, § 2208; Ord. No. 227; Ord. No. 687)

(13) To perform such other duties as may from time to time be delegated to him by the Council;

(Code 1965, § 2208; Ord. No. 227; Ord. No. 687)

(14) To prepare and recommend to the City Council a salary plan for appointive department heads;

(Code 1965, § 2208; Ord. No. 763)

(15) To prepare and submit to the City Council an organization chart showing the organizational plan for all departments of the city government;

(Code 1965, § 2208; Ord. No. 227)

(16) To devote his entire time to the duties and interests of the city.

(Code 1965, § 2208; Ord. No. 227)

Secs. 2-144--2-160. Reserved.

DIVISION 5. CITY ENGINEER

Sec. 2-161. City Engineer to act as Superintendent of Streets.

In addition to his other functions, the City Engineer is hereby authorized to act as Superintendent of Streets for the city.

(Code 1965, § 2209; Ord. No. 820)

Sec. 2-162. Delegation of duties.

In the absence of the City Engineer, the Public Works Director is hereby authorized to act in the City Engineer's place and stead. If both the City Engineer and Public Works Director are absent, then the City Manager may temporarily delegate the duties of the City Engineer and/or Public Works Director to a qualified employee of the city during such absence.

(Code 1965, § 2210; Ord. No. 820)

Secs. 2-163--2-200. Reserved.

ARTICLE IV. DEPARTMENTS

DIVISION 1. GENERAL

Secs. 2-201--2-220. Reserved.

DIVISION 2. DEPARTMENT OF FINANCE

Sec. 2-221. Established.

In order to establish a central area for the uniform processing and development of all fiscal and budgetary functions, there is hereby established a Department of Finance.

(Code 1965, § 2701; Ord. No. 596)

Sec. 2-222. Duties and responsibilities.

The Department of Finance shall be vested and charged with the following duties and responsibilities:

(Code 1965, § 2702; Ord. No. 596)

(1) Maintain and operate the general accounting system of the city and of each of the respective divisions and services thereof;

(Code 1965, § 2702; Ord. No. 596)

(2) Perform such accounting functions and duties in accordance with the latest and most modern accounting methods as the science of accounting progresses;

(Code 1965, § 2702; Ord. No. 596)

(3) Keep and maintain, or prescribe and require the keeping and maintaining, of inventory records of municipal properties necessary in accordance with modern municipal accounting practices;

(Code 1965, § 2702; Ord. No. 596)

(4) Assume, maintain, and perform all functions and duties relating to the administration of taxes, licenses, and permit fees levied or charged by the city and of the collection thereof;

(Code 1965, § 2702; Ord. No. 596)

(5) Assume and perform all municipal functions and duties relating to the preparation, auditing, presenting, and disbursement of contract claims and demands against the city, including payrolls;

(Code 1965, § 2702; Ord. No. 596; Ord. No. 687)

(6) Assist in the purchase of all supplies, goods, wares, merchandise, equipment, and materials which may be required by the city;

(Code 1965, § 2702; Ord. No. 596)

(7) Assist in the preparation of the annual budget and in the administration thereof.

(Code 1965, § 2702; Ord. No. 596)

Sec. 2-223. Departmental reports.

The Department of Finance shall prepare and present to the City Council, in sufficient detail to show the exact financial condition of the city, the following reports:

(Code 1965, § 2703; Ord. No. 596)

(1) A quarterly, or more frequently as may be desired, statement of all receipts, disbursements, and balances of the city;

(Code 1965, § 2703; Ord. No. 596)

(2) An annual statement or report of the financial condition of the city;

(Code 1965, § 2703; Ord. No. 596)

(3) Such other financial reports as may be required.

(Code 1965, § 2703; Ord. No. 596)

Sec. 2-224. Additional duties.

The Department of Finance shall perform such additional duties and functions as may be hereafter prescribed or required by the City Council.

(Code 1965, § 2704; Ord. No. 596)

Sec. 2-225. Director of Finance.

The Department of Finance shall be directed by the Director of Finance, who shall:

(Code 1965, § 2705; Ord. No. 596)

(1) Supervise the Department of Finance;

(Code 1965, § 2705; Ord. No. 596)

(2) Cooperate with the City Treasurer and other officials of the city in establishing and maintaining sufficient and satisfactory procedures and controls over municipal revenues and expenditures in all departments, divisions, and services of the city in accordance with modern accounting practice.

(Code 1965, § 2705; Ord. No. 596)

Sec. 2-226. Financial and accounting duties of City Clerk transferred.

In accordance with the provisions of Government Code §§ 37209 and 40805.5, the financial and accounting duties imposed upon the City Clerk under Government Code §§ 40802--40805 are hereby transferred to the Director of Finance.

(Code 1965, § 2706; Ord. No. 596)

Sec. 2-227. Deputy Directors of Finance.

With the consent of the City Council, the Director of Finance may appoint one or more Deputy Directors of Finance who, during the Director's absence, shall have all powers, duties, and responsibilities of the Director of Finance.

(Code 1965, § 2707; Ord. No. 596)

Secs. 2-228--2-270. Reserved.

ARTICLE V. BOARDS, COMMISSIONS, AND COMMITTEES*

__________

*Cross references: Personnel Board, § 50-112; Mobile Home Park Rent Review Board, § 58-94; Design Review Board and design review procedures, § 122-101 et seq.

__________

DIVISION 1. GENERAL

Sec. 2-271. Appointment of alternates.

(a) The City Council may appoint one or more alternates to any city board, commission, or committee. Any appointed alternates shall be listed consecutively as first alternate, second alternate, and so forth. An alternate's term shall expire when the next annual recruitment for members of his respective board, commission, or committee is completed.

(Code 1965, § 2467; Ord. No. 99-15)

(b) Only in the event of an unscheduled vacancy on any city board, commission, or committee shall an alternate fill the position of the vacating member, serving until the expiration of the vacating member's term of office. Any alternate shall fill any unscheduled vacancy of the respective board, commission, or committee in the consecutive order appointed.

(Code 1965, § 2467; Ord. No. 99-15)

Secs. 2-272--2-290. Reserved.

DIVISION 2. BOARD OF APPEALS

Sec. 2-291. Established; membership; compensation of members.

There is hereby created a Board of Appeals, which shall consist of five members to be appointed by the City Council. Members of the Board of Appeals shall be residents of the city or of the city's sphere of influence who hold no other municipal office in the city and are not employees of the city. The Board shall be qualified by experience and training to pass upon matters pertaining to building construction. The basis and amount of any compensation which may be paid to members of the Board of Appeals shall be set by resolution of the City Council.

(Code 1965, § 2446; Ord. No. 91-2; Ord. No. 93-7)

Sec. 2-292. Purpose and intent.

The general purpose of the Board of Appeals is to hear and decide appeals of orders, decisions, or determinations made by the city Building Official on the application and interpretation of state laws and uniform codes.

(Code 1965, § 2447; Ord. No. 91-2)

Sec. 2-293. Terms of members; absence from meetings.

Members shall serve at the pleasure of the City Council for two years. Any member who absents himself from three consecutive meetings of the Board of Appeals without being excused will be deemed to have resigned from his appointment, and the City Council may appoint a new member to serve in place of the resigned member.

(Code 1965, § 2448; Ord. No. 91-2; Ord. No. 99-1)

Sec. 2-294. Rules of procedure; designation of committees and task forces.

The Board of Appeals shall adopt rules of procedure on the conduct of its business and may designate, by resolution, committees and task forces. Such resolutions shall not be effective until approved by the City Council.

(Code 1965, § 2449; Ord. No. 91-2)

Sec. 2-295. Vacancies.

All vacancies occurring on the Board of Appeals shall be filled according to the method of their original selection.

(Code 1965, § 2450; Ord. No. 91-2)

Sec. 2-296. Powers and responsibilities.

(a) The Board of Appeals shall have the responsibility of carrying out the following functions:

(Code 1965, § 2451; Ord. No. 91-2; Ord. No. 06-5)

(1) Provide reasonable interpretation of the provisions of state law and uniform codes adopted by the city pertaining to construction standards;

(Code 1965, § 2451; Ord. No. 91-2; Ord. No. 06-5)

(2) Determine the suitability of alternate materials and methods of construction; and

(Code 1965, § 2451; Ord. No. 91-2; Ord. No. 06-5)

(3) Hear appeals of orders, decisions, interpretations, or determinations made by the city Building Official under state laws and uniform codes adopted by the city pertaining to construction standards.

(Code 1965, § 2451; Ord. No. 91-2; Ord. No. 93-7; Ord. No. 06-5)

(4) Hear appeals of orders decisions, interpretations, or determinations made by the city's Multiple-Family Rental Dwelling Unit inspector under state laws and uniform codes adopted by the city pertaining to construction and maintenance standards.

(Ord. No. 06-5)

(b) Decisions of the Board shall be final and are not appealable to the City Council.

(Code 1965, § 2451; Ord. No. 93-7; Ord. No. 06-5)

Sec. 2-297. Limitation on responsibilities.

In accordance with state law and uniform codes, the authority of the Board of Appeals shall be limited as follows:

(Code 1965, § 2452; Ord. No. 91-2; Ord. No. 93-7)

(1) The Board shall have no authority to interpret appeals of the administrative provisions of state law or the uniform codes; and

(Code 1965, § 2452; Ord. No. 91-2)

(2) The Board shall have no authority to grant appeals which waive requirements of state law or the uniform codes or grant variances to the state law or uniform codes.

(Code 1965, § 2452; Ord. No. 91-2; Ord. No. 93-7)

Secs. 2-298--2-320. Reserved.

DIVISION 3. COMMISSION ON AGING

Sec. 2-321. Established; membership; compensation of members.

There is hereby created a Commission on Aging which shall consist of not more than 11 voting members to be appointed by the City Council. Members of the Commission on Aging shall be residents of the city. At least 51 percent of the membership shall be over the age of 60 years. The basis and the amount of any compensation which may be paid to the members of the Commission on Aging shall be determined by resolution of the City Council.

(Code 1965, § 2453; Ord. No. 91-1; Ord. No. 92-19)

Sec. 2-322. Purpose and intent.

(a) The city desires to act as a line of communication between its senior citizen population, public and private organizations, and other advisory bodies to assure that government action is responsive to the needs of older persons.

(Code 1965, § 2454; Ord. No. 91-1)

(b) There is a need to establish a visible and officially responsible body within the city to:

(Code 1965, § 2454; Ord. No. 91-1)

(1) Encourage county and state agencies to identify unmet needs of older persons and available resources by providing a means for citywide planning in coordination of individuals and groups interested in improving and developing services and opportunities for senior citizens.

(Code 1965, § 2454; Ord. No. 91-1)

(2) Plan, promote, and recommend changes to the existing programs and laws that have a direct bearing on the dignity, freedom, and security of older persons to independently manage their own lives.

(Code 1965, § 2454; Ord. No. 91-1)

(3) Enlist the participation of community groups and individuals in implementing actions which improve resources.

(Code 1965, § 2454; Ord. No. 91-1)

Sec. 2-323. Terms of members; absence from meetings.

Members shall serve at the pleasure of the City Council for staggered terms of two years. The City Council reserves the right to make initial appointments for three-year terms to establish the staggered terms. Any member who absents himself from three consecutive meetings of the Commission on Aging without being excused will be deemed to have resigned from the Commission on Aging and the City Council may appoint a new member to serve in the place of such absent member.

(Code 1965, § 2455; Ord. No. 91-1)

Sec. 2-324. Rules of procedure; designation of committees and task forces.

The Commission on Aging shall adopt rules of procedure on the conduct of its business and may designate ad hoc committees and ad hoc task forces composed of its membership.

(Code 1965, § 2456; Ord. No. 91-1)

Sec. 2-325. Vacancies.

All vacancies occurring on the Commission on Aging shall be filled according to the method of their original selection and the new member shall serve at the pleasure of the City Council for the unexpired term of their respective predecessors.

(Code 1965, § 2457; Ord. No. 91-1)

Sec. 2-326. Powers and responsibilities.

The Commission on Aging shall have the responsibility of carrying out the following functions:

(Code 1965, § 2458; Ord. No. 91-1)

(1) Attend and participate in the county Advisory Council on Aging subcommittees to identify the unmet needs of older persons and evaluate the effectiveness of existing programs and laws.

(Code 1965, § 2458; Ord. No. 91-1)

(2) Act as a resource to all city boards and commissions. The Commission on Aging members will attend the meetings of those boards and commissions as needed.

(Code 1965, § 2458; Ord. No. 91-1)

(3) Develop an annual work program establishing short- and long-term goals in order of priority which will be effective upon approval of the City Council.

(Code 1965, § 2458; Ord. No. 91-1)

(4) Such other functions that the City Council may, from time to time, designate.

(Code 1965, § 2458; Ord. No. 91-1)

Secs. 2-327--2-350. Reserved.

DIVISION 4. COMMUNITY SERVICES COMMISSION

Sec. 2-351. Established; membership; compensation of members.

There is hereby created a Community Services Commission, which shall consist of not more than 9 members to be appointed by the City Council. Members of the Commission shall be residents of the city or the city's sphere of influence who hold no other municipal office in the city. The members shall be representative of the general public and the religious, racial, age, sex, disabled, and ethnic groups in the city. The basis and amount of compensation which may be paid to the members of the Commission shall be set by resolution of the City Council.

(Code 1965, § 2434; Ord. No. 87-35; Ord. No. 91-2; Ord. No. 92-19; Ord. No. 05-7)

Sec. 2-352. Purpose and intent.

The city seeks to develop a viable urban community in the city, including providing decent housing and a suitable living environment with expanded economic opportunities for its residents. To carry out this objective, the city maintains programs to fund housing efforts, neighborhood public improvements, and community services. There is a need to establish a visible and officially responsible commission within the city to:

(Code 1965, § 2435; Ord. No. 87-35)

(1) Assess need in the community for assistance to these programs;

(Code 1965, § 2435; Ord. No. 87-35)

(2) Advise the City Council on the allocation of resources to programs addressing identified needs; and

(Code 1965, § 2435; Ord. No. 87-35)

(3) Evaluate and monitor the performance of such programs.

(Code 1965, § 2435; Ord. No. 87-35)

Sec. 2-353. Terms of members; absence from meetings.

Members shall serve at the pleasure of the Council for two years. Any member who absents himself from three consecutive meetings of the Commission without being excused will be deemed to have resigned his office, and the City Council may appoint a new member to serve in place of the absent member.

(Code 1965, § 2436; Ord. No. 87-35; Ord. No. 91-2)

Sec. 2-354. Rules of procedure; designation of committees and task forces.

The Community Services Commission shall adopt rules of procedure on the conduct of its business and may designate, by resolution, committees and task forces. Such resolutions shall not be effective until approved by the City Council.

(Code 1965, § 2437; Ord. No. 87-35; Ord. No. 91-2)

Sec. 2-355. Vacancies.

All vacancies occurring on the Commission shall be filled according to the method of their original selection, and the new members shall serve at the pleasure of the Council for the unexpired term of their respective predecessors.

(Code 1965, § 2438; Ord. No. 87-35; Ord. No. 91-2)

Sec. 2-356. Powers and responsibilities.

The Commission shall have the responsibility of carrying out the following functions:

(Code 1965, § 2439; Ord. No. 87-35; Ord. No. 91-2)

(1) Evaluate the needs of the community for housing, neighborhood improvement, and community services;

(Code 1965, § 2439; Ord. No. 87-35)

(2) Analyze alternative ways to meet identified needs in light of the available resources and other possibilities for coordination and cooperation with private funding sources and other public agencies;

(Code 1965, § 2439; Ord. No. 87-35)

(3) Recommend an annual budget to the City Council for the expenditure of general fund monies for human services and the expenditure of federal community development block grant monies for a variety of projects;

(Code 1965, § 2439; Ord. No. 87-35)

(4) Evaluate and monitor the performance of human service funded agencies and community development block grant projects; and

(Code 1965, § 2439; Ord. No. 87-35)

(5) Such other functions that the City Council may from time to time designate.

(Code 1965, § 2439; Ord. No. 87-35)

Secs. 2-357--2-380. Reserved.

DIVISION 5. HUMAN RELATIONS COMMISSION*

__________

*Cross references: Human relations, ch. 46.

__________

Sec. 2-381. Established; membership; compensation of members.

There is hereby created a Human Relations Commission (HRC), which shall consist of not more than seven voting members to be appointed by the City Council. Members of the HRC shall be residents of the city who hold no other municipal office in the city. The members shall be generally representative of the general public and the religious, racial, age, sex, disabled, and ethnic groups in the city. At least two (2) members of the HRC shall be women. The basis and amount of compensation which may be paid to the members of the HRC shall be by resolution of the City Council.

(Code 1965, § 2422; Ord. No. 86-22; Ord. No. 92-19; Ord. No. 05-7)

Sec. 2-382. Statement of policy.

The city is dedicated to the rights of all persons to live, work, and prosper in the community, and it is the policy of the city that all persons shall have an equal opportunity to be free from all forms of discrimination prohibited by state and federal law.

(Code 1965, § 2423; Ord. No. 86-22)

Sec. 2-383. Purpose and intent.

The city finds that it is contrary to the principles of this country to tolerate any form of sexual discrimination, racism, bigotry, or prejudice and therefore creates an advisory commission to encourage and foster an environment of mutual understanding and respect between all persons. The city also finds that it is desirable to encourage and foster opportunities for all citizens and develop programs that will educate the community regarding the challenges faced by all persons who have confronted sexual discrimination, racism, bigotry, or prejudice. There is a need to establish a visible and officially responsible body within the city to:

(Code 1965, § 2424; Ord. No. 86-22; Ord. No. 05-7)

(1) Support the rights of all persons to be free from all forms of discrimination prohibited by state and federal law;

(Code 1965, § 2424; Ord. No. 86-22; Ord. No. 05-7)

(2) Develop a program of positive human relations through greater community education and understanding;

(Code 1965, § 2424; Ord. No. 86-22; Ord. No. 05-7)

(3) Encourage private persons, groups, and organizations to promote better human relations and equal opportunity.

(Code 1965, § 2424; Ord. No. 86-22; Ord. No. 05-7)

Sec. 2-384. Terms of members; absence from meetings.

Members shall serve at the pleasure of the Council for two-year terms; provided, however, that for the purpose of establishing staggered terms, three of the seven appointments shall be for an initial term of three years. Any member who absents himself from three consecutive meetings of the Human Relations Commission without being excused will be deemed to have resigned his office, and the City Council may appoint a new member to serve in the place of such absent member.

(Code 1965, § 2425; Ord. No. 86-22; Ord. No. 94-5)

Sec. 2-385. Rules of procedure; designation of committees and task forces.

The HRC shall adopt rules of procedure on the conduct of its business and may designate, by resolution, committees and task forces composed of its membership. Such resolution shall not be effective until approved by the City Council.

(Code 1965, § 2426; Ord. No. 86-22; Ord. No. 05-7)

Sec. 2-386. Vacancies.

All vacancies occurring on the HRC shall be filled according to the method of their original selection, and the new members shall serve at the pleasure of the Council for the unexpired term of their respective predecessors.

(Code 1965, § 2427; Ord. No. 86-22)

Sec. 2-387. Powers and responsibilities.

The HRC shall have the responsibility of carrying out the following functions:

(Code 1965, § 2428; Ord. No. 86-22; Ord. 05-7)

(1) Foster equal opportunity, mutual understanding, and respect between all persons and eliminate all forms of discrimination prohibited by state and federal law.

(Code 1965, § 2428; Ord. No. 86-22; Ord. 05-7)

(2) Study, investigate, mediate, and hold public hearings on problems in the city which arise from discrimination prohibited by state and federal laws.

(Code 1965, § 2428; Ord. No. 86-22; Ord. 05-7)

(3) Investigate and mediate incidents of discrimination to the extent such functions are not preempted or prohibited by the California Fair Employment and Housing Commission or any federal or state agency.

(Code 1965, § 2428; Ord. No. 86-22; Ord. 05-7)

(4) Prepare and disseminate educational and informational material relating to all forms of discrimination and way and means of eliminating same.

(Code 1965, § 2428; Ord. No. 86-22; Ord. 05-7)

(5) Initiate and encourage educational and other appropriate activities.

(Code 1965, § 2428; Ord. No. 86-22; Ord. 05-7)

(6) Furnish information, guidance, and technical assistance to, and cooperate with, other public agencies, private persons, organizations, and institutions engaged in activities and programs intended to eliminate all forms of prejudice and discrimination.

(Code 1965, § 2428; Ord. No. 86-22; Ord. 05-7)

(7) Consult and maintain contact with other public agencies, community organizations concerned with interracial, inter-religious, intercultural, and gender-based understanding, and such other private organizations and institutions to further the objective of eliminating discrimination.

(Code 1965, § 2428; Ord. No. 86-22; Ord. 05-7)

(8) By persuasion and conference, seek voluntary solutions (such as the use of conflict resolution techniques) designed to discourage and prevent all forms of discrimination.

(Code 1965, § 2428; Ord. No. 86-22; Ord. 05-7)

(9) Gather information and data and provide written reports to the City Council, not less than annually on the development of programs and practices which further the objectives.

(Code 1965, § 2428; Ord. No. 86-22; Ord. 05-7)

(10) Develop an annual work plan to guide the Commission in its deliberation and activities.

(Code 1965, § 2428; Ord. No. 86-22; Ord. 05-7)

(11) Such other duties as the Council may direct.

(Code 1965, § 2428; Ord. No. 86-22; Ord. 05-7)

(12) Initiate, review, report, and recommend to the City Council on Human Services issues. Human Services issues include women's issues, mental health, senior citizen issues, crisis intervention, drug abuse prevention, child welfare, and other areas referred to the Commission by the City Council.

(Code 1965, § 2428; Ord. No. 87-35; Ord. 05-7)

Secs. 2-388--2-410. Reserved.

DIVISION 6. PARKS, RECREATION AND OPEN SPACE COMMISSION*

__________

*Cross references: Parks and recreation, ch. 74.

__________

Sec. 2-411. Established; membership; compensation of members.

There is hereby created a Parks, Recreation and Open Space Commission (PROC), which shall consist of five (5) adult voting members and two (2) youth voting members. The adult voting members are appointed by the City Council. The Youth voting members are appointed by a selection task force composed of the adult members of PROC and confirmed by the City Council. The adult members of the PROC shall be residents of the city who hold no other municipal office in the city. The youth members must be between the ages of 13 and 21 at the time of their appointment, shall be residents of the city or attend school in the city and may be part-time seasonal employees of the city. The basis and amount of compensation which may be paid to the Parks, Recreation and Open Space Commission shall be by resolution of the City Council.

(Code 1965, § 2429; Ord. No. 87-35; Ord. No. 01-7; Ord. No. 05-7)

Sec. 2-412. Terms of members; absence from meetings.

Members shall serve at the pleasure of the City Council for two years. Youth members shall serve at the pleasure of the City Council for one year, effective July 1st and ending June 30th of the following year. Any member who absents himself from three consecutive meetings of the Parks, Recreation and Open Space Commission without being excused will be deemed to have resigned his office, and the City Council may appoint a new member to serve in the place of such absent member.

(Code 1965, § 2430; Ord. No. 87-35; Ord. No. 01-7; Ord. No. 05-7)

Sec. 2-413. Rules of procedure; designation of committees and task forces.

The Parks, Recreation and Open Space Commission shall adopt rules of procedure on conduct of its business and may designate committees and task forces. These committees and task forces maybe composed of youth designated to study issues and provide findings to the PROC or provide voluntary service to the city.

(Code 1965, § 2431; Ord. No. 87-35; Ord. No. 01-7; Ord. No. 05-7)

Sec. 2-414. Vacancies.

All vacancies occurring on the Parks, Recreation and Open Space Commission shall be filled according to the method of their original selection, and the new members shall serve at the pleasure of the Council for the unexpired terms of their respective predecessors.

(Code 1965, § 2432; Ord. No. 87-35; Ord. No. 01-7)

Sec. 2-415. Powers and responsibilities.

The Parks, Recreation and Open Space Commission shall have the responsibility of carrying on the following functions:

(Code 1965, § 2433; Ord. No. 87-35; Ord. No. 01-7; Ord. No. 05-7)

(1) Act in advisory capacity to the City Council in matters pertaining to public parks, open space, recreation, and issues pertaining to youth;

(Code 1965, § 2433; Ord. No. 87-35; Ord. No. 01-7; Ord. No. 05-7)

(2) Consult, cooperate, and maintain contact with other public agencies, community organizations, and private persons engaged in recreation programming, park and open space planning, and youth services;

(Code 1965, § 2433; Ord. No. 87-35; Ord. No. 01-7; Ord. No. 05-7)

(3) Review and assist in the promotion of recreational, park, open space, and youth programs;

(Code 1965, § 2433; Ord. No. 87-35; Ord. No. 01-7; Ord. No. 05-7)

(4) Review and recommend to the City Council, plans submitted for development of, modification of, and/or improvements to the city parks system;

(Code 1965, § 2433; Ord. No. 87-35; Ord. No. 01-7; Ord. No. 05-7)

(5) Assess parks, recreation, open space and youth services needs and develop goals and objectives for meeting these needs;

(Code 1965, § 2433; Ord. No. 87-35; Ord. No. 01-7; Ord. No. 05-7)

(6) Review and recommend to the City Council on capital improvements projects and fees related to parks, recreation, and open space; and

(Code 1965, § 2433; Ord. No. 87-35; Ord. No. 01-7; Ord. No. 05-7)

(7) Such other duties as the City Council may direct.

(Code 1965, § 2433; Ord. No. 87-35; Ord. No. 01-7; Ord. No. 05-7)

Secs. 2-416--2-440. Reserved.

DIVISION 7. PERSONNEL BOARD*

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*Cross references: Personnel Board, § 50-112.

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Sec. 2-441. Established.

The Personnel Board of the city, created by Ordinance No. 542, is hereby continued in existence.

(Code 1965, § 2412; Ord. No. 763; Ord. No. 1006)

Sec. 2-442. Membership; vacancies; absence from meetings.

(a) A Personnel Board consisting of five members shall be appointed by the City Council to serve at the pleasure of the Council for terms of two years, provided, however, that for the purpose of maintaining staggered terms, the first three appointments following the effective date of this amendment shall be for an initial term of one year. In making appointments to the Personnel Board, the City Council will endeavor to appoint members so that the Personnel Board will generally reflect the diversity of the community.

(Code 1965, § 2413; Ord. No. 763; Ord. No. 1006; Ord. No. 1108; Ord. No. 99-1)

(b) Vacancies on the Personnel Board, from whatever cause, shall be filled by appointment by the Council for the unexpired term. Each member of the Personnel Board shall serve until a successor is appointed.

(Code 1965, § 2413; Ord. No. 763; Ord. No. 1006; Ord. No. 99-1)

(c) Any member who is absent from three consecutive meetings of the Personnel Board without being excused will be deemed to have resigned the office, and the City Council may appoint a new member to serve in the place of such absent member.

(Code 1965, § 2413; Ord. No. 763; Ord. No. 1006; Ord. No. 91-2; Ord. No. 99-1)

Sec. 2-443. Qualifications of members; compensation of members.

(a) The members of the Personnel Board shall be residents of the city who hold no other municipal office in the city and shall serve without compensation.

(Code 1965, § 2414; Ord. No. 763; Ord. No. 1006; Ord. No. 1108)

(b) No person shall be appointed to the Personnel Board who holds an appointive or elective public office with the city.

(Code 1965, § 2414; Ord. No. 763; Ord. No. 1006)

(c) Excluding an elective office, a member of the Personnel Board shall not be eligible to hold a compensation position with the city within a period of one year after ceasing to be a member of said Personnel Board.

(Code 1965, § 2414; Ord. No. 763; Ord. No. 1006)

(d) No person shall serve as a member of the Personnel Board who is not in accord with City Council policy as it applies to equal employment opportunity and a merit system of personnel administration as set forth in chapter 50, article III, of this Code. All Personnel Board members shall endeavor to keep informed of current personnel administration principles and practices by periodic review of literature of the field and by other appropriate means.

(Code 1965, § 2414; Ord. No. 763; Ord. No. 1006; Ord. No. 1108; Ord. No. 99-1)

Sec. 2-444. Duties and powers.

The functions of the Personnel Board shall be:

(Code 1965, § 2415; Ord. No. 763; Ord. No. 1006; Ord. No. 99-1)

(1) At its first regular meeting of the calendar year, the Personnel Board shall select one of its members as chairman and one of its members as vice-chairman;

(Code 1965, § 2415; Ord. No. 763; Ord. No. 1006; Ord. No. 99-1)

(2) To determine the order of business for the conduct of its meetings and to hold such meetings as are necessary, when called by the chairman or a majority of members of the Personnel Board. A majority of the members of the Personnel Board shall constitute a quorum for the transaction of business;

(Code 1965, § 2415; Ord. No. 763; Ord. No. 1006; Ord. No. 99-1)

(3) To receive and/or hear appeals and grievances as provided by chapter 50, article III, division 3, of this Code and by the personnel rules;

(Code 1965, § 2415; Ord. No. 763; Ord. No. 1006; Ord. No. 99-1)

(4) To act in an advisory capacity to the Council on personnel matters as directed by the Council, to conduct hearings on personnel matters, gather information and data, and provide a written report of its findings;

(Code 1965, § 2415; Ord. No. 763; Ord. No. 1006; Ord. No. 99-1)

(5) In an investigation or hearing conducted by the Board, it shall have the power to examine witnesses under oath and review evidence before it and to issue subpoenas as provided by law. Each member of the Personnel Board shall have the power to administer oaths to witnesses;

(Code 1965, § 2415; Ord. No. 763; Ord. No. 1006; Ord. No. 99-1)

(6) The Council and each of its members are prohibited from interfering or attempting to interfere, directly or indirectly, with the performance of the Personnel Board's duties and from obtaining or attempting to obtain, directly or indirectly, from any person any agreement as to how that individual will perform any of the duties of a Personnel Board member.

(Code 1965, § 2415; Ord. No. 763; Ord. No. 898; Ord. No. 1006; Ord. No. 99-1)

Secs. 2-445--2-470. Reserved.

DIVISION 8. PLANNING COMMISSION*

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*Cross references: Planning and development, ch. 78.

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Sec. 2-471. Membership; compensation of members.

The Planning Commission shall consist of five voting members to be appointed by the City Council. Members of the Planning Commission shall be citizens of the city who hold no other municipal office in the city. The basis and amount of compensation to paid members of the Planning Commission shall be determined and set by resolution of the City Council.

(Code 1965, § 2401; Ord. No. 226; Ord. No. 687; Ord. No. 990; Ord. No. 1006)

Sec. 2-472. Terms of members.

Members shall serve at the pleasure of the Council for two-year terms commencing with the January 1976 appointments to be made by the City Council. Any member who absents himself from three consecutive meetings of the Commission without being excused will be deemed to have resigned their office and the City Council may appoint a new member to serve in the place of such absent member.

(Code 1965, § 2402; Ord. No. 526; Ord. No. 687; Ord. No. 990; Ord. No. 1006)

Sec. 2-473. Rules of procedure; designation of committees and task forces.

The Planning Commission shall adopt rules of procedure and designate committees and task forces by resolution. Said resolution shall not be effective until approved by the City Council.

(Code 1965, § 2403; Ord. No. 226; Ord. No. 1006)

Sec. 2-474. Vacancies.

All vacancies occurring on the Planning Commission shall be filled according to the methods of their original selection, and the new member shall serve at the pleasure of the Council for the unexpired term of their respective predecessor.

(Code 1965, § 2404; Ord. No. 70; Ord. No. 226; Ord. No. 687; Ord. No. 1006)

Sec. 2-475. Powers and responsibilities.

The Planning Commission is the planning agency of the city. It shall have powers and functions as follows:

(Code 1965, § 2405; Ord. No. 70; Ord. No. 1006)

(1) All those functions and powers as provided by state law (Government Code §§ 65100--65700 as amended);

(Code 1965, § 2405; Ord. No. 1006)

(2) All duties, powers, and functions as in this Code provided;

(Code 1965, § 2405; Ord. No. 1006)

(3) Such other functions as the City Council may from time to time provide.

(Code 1965, § 2405; Ord. No. 1006)

Secs. 2-476--2-570. Reserved.

ARTICLE VI. REDEVELOPMENT AGENCY

Sec. 2-571. Findings.

The City Council hereby declares and finds that there is a need for a redevelopment agency to function in the city. This declaration is made pursuant to division 24, part 1, of the Community Redevelopment Law (Health and Safety Code § 33000 et seq. (West's Annotated)).

(Code 1965, § 2220; Ord. No. 923; Ord. No. 87-32)

Sec. 2-572. Designation of Council.

The City Council does declare itself to be the Redevelopment Agency of the city pursuant to Health and Safety Code § 33200 and further declares that all of the rights, powers, duties, privileges, and immunities of the said Community Redevelopment Law are vested in the City Council.

(Code 1965, § 2221; Ord. No. 923; Ord. No. 87-32)

Sec. 2-573. Name.

The Redevelopment Agency created herein is designated as "The Redevelopment Agency of the City of Concord."

(Code 1965, § 2222; Ord. No. 923; Ord. No. 87-32)

Secs. 2-574--2-590. Reserved.

ARTICLE VII. FINANCE*

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*Cross references: Taxation, ch. 98.

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DIVISION 1. GENERAL

Sec. 2-591. Special gas tax street improvement fund.

(a) To comply with the provisions of Streets and Highways Code art. 5, ch. 1, div. 1, with particular reference to the amendments made thereto by chapter 642, Statutes of 1935, there is hereby created, in the city treasury, a special fund to be known as the "Special Gas Tax Street Improvement Fund."

(Code 1965, § 8200; Ord. No. 78; Ord. No. 235)

(b) All monies received by the city from the state under the provisions of the Streets and Highways Code for the acquisition of real property or interests therein for or the construction, maintenance, or improvement of streets or highways other than state highways shall be paid into said fund.

(Code 1965, § 8200; Ord. No. 78; Ord. No. 235)

(c) All monies in the fund shall be expended exclusively for the purposes authorized by, and subject to, all of the provisions of Streets and Highways Code art. 5, ch. 1, div. 1.

(Code 1965, § 8200; Ord. No. 78)

Sec. 2-592. State motor vehicle license fee fund.

(a) To comply with the provisions of chapter 362, Statutes of 1935 of the State of California, there is hereby created in the city treasury a special fund to be known as the "State Motor Vehicle License Fee Fund" (in lieu tax monies).

(Code 1965, § 8201; Ord. No. 84; Ord. No. 235)

(b) All monies received by the city from the state under the provisions of said chapter 362, Statutes of 1935 of the State of California, for the purpose of law enforcement and regulation and control of fire protection of highway traffic within the city limits shall be placed into the fund.

(Code 1965, § 8201; Ord. No. 84; Ord. No. 235)

(c) All monies in the fund shall be expended exclusively for the purposes authorized by, and subject to, all of the provisions of chapter 362, Statutes of 1935 of the State of California.

(Code 1965, § 8201; Ord. No. 84)

Secs. 2-593--2-610. Reserved.

DIVISION 2. DEMANDS AGAINST CITY TREASURY

Sec. 2-611. Authority.

The Division is enacted pursuant to Section 935 of the California Government Code.

(Code 1965, § 2500; Ord. No. 395; Ord. No. 687; Ord. No. 03-5)

Sec. 2-612. Claims required.

All claims against the City for money or damages not otherwise governed by the Government Claims Act (California Government Code § 900 et seq.) or another state law (hereinafter in this Division, "claims") shall be presented within the time, and in the manner, prescribed by Part 3 of Division 3.6 of Title 1 of the California Government Code (commencing with Section 900 thereof) for the claims to which that Part applies by its own terms, as those provisions now exist or may hereafter be amended, and as further provided by this Division.

(Code 1965, § 2501; Ord. No. 395; Ord. No. 687; Ord. No. 89-4; Ord. No. 03-5)

Sec. 2-613. Form of claims.

All claims shall be made in writing and verified by the claimant or by his or her guardian, conservator, executor or administrator. No claim may be filed on behalf of a class of persons unless verified by every member of that class as required by this section. In addition, all claims shall contain the information required by California Government Code § 910.

(Code 1965, § 2502; Ord. No. 395; Ord. No. 687; Ord. No. 03-5)

Sec. 2-614. Claim prerequisite to suit.

In accordance with California Government Code §§ 935(b) and 945.6, all claims shall be presented as provided in this section and acted upon by the City prior to the filing of any action on such claims; and no such action may be maintained by a person who has not complied with the requirements of this Division.

(Code 1965, § 2503; Ord. No. 395; Ord. No. 03-5)

Sec. 2-615. Suit.

Any action brought against the City upon any claim or demand shall conform to the requirements of Sections 940-949 of the California Government Code. Any action brought against any employee of the City shall conform to the requirements of Sections 950-951 of the California Government Code.

(Code 1965, § 2504; Ord. No. 395; Ord. No. 687; Ord. No. 89-4; Ord. No. 03-5)

Secs. 2-616--2-640. Reserved.

ARTICLE VIII. PURCHASING

Sec. 2-641. Purpose of article.

The purpose of this article is to establish a policy to achieve maximum economy and efficiency in the purchase or sale of supplies, services, and equipment, to include bidding regulations and the disposal of surplus materials, and to define the authority for the purchasing and contracting function.

(Code 1965, § 2311; Ord. No. 1001)

Sec. 2-642. Definitions.

For purposes of this article, unless the context clearly indicates otherwise, the following words and phrases have the meanings given in this section:

(Code 1965, § 2312; Ord. No. 1001)

Equipment. Includes all equipment, tools, furnishings, and fixtures.

(Code 1965, § 2312; Ord. No. 1001)

Price. Obtaining, with competition from vendors and contractors, the best value possible for the quality and quantity needed, the service required, the service to be rendered, and the delivery date.

(Code 1965, § 2312; Ord. No. 1001)

Professional services. Includes but is not limited to the services of architects, engineers, attorneys, and other consultants.

(Code 1965, § 2312; Ord. No. 92-9)

Quality. A quality achieved through appropriate specifications and inspection of supplies and services received for conformance to specifications.

(Code 1965, § 2312; Ord. No. 1001)

Quantity. The result of evaluating a combination of the factors of consumption, delivery schedules, and prices.

(Code 1965, § 2312; Ord. No. 1001)

Services. Includes labor and consulting services, except employment contracts pursuant to a budget-authorized position.

(Code 1965, § 2312; Ord. No. 1001; Ord. No. 92-9; Ord. No. 98-3)

Supplies. Includes all supplies and materials.

(Code 1965, § 2312; Ord. No. 1001)

Value. A concept to be applied in determining the lowest responsible bidder, which includes price, quality, quantity, and the ability of the bidder to perform the contract or order and to provide future maintenance or repairs.

(Code 1965, § 2312; Ord. No. 1001)

Cross references: Definitions generally, § 1-10.

Sec. 2-643. Purchasing authority.

(a) The City Council authorizes and approves the following bidding procedures for Public Projects:

(Code 1965, § 2313; Ord. No. 1001; Ord. No. 89-8; Ord. No. 92-9; Ord. No. 07-4)

(1) Informal and formal bidding procedures. Public Projects, as defined by Public Contract Code § 22002 and in accordance with the monetary limits described in Public Contract Code § 22032 (as amended from time to time by the California Uniform Construction Cost Accounting Commission) shall be let to contract by procedures described in Public Contract Code § 22030 et seq.

(Ord. No. 07-4)

(2) Procedures not established by the act. When the Act does not establish a procedure for bidding Public Projects, the procedure described in Public Contract Code § 20160 et seq. shall govern.

(Ord. No. 07-4)

(3) Award to low bidder; no bids. All contracts must be awarded to the lowest responsible bidder. If two (2) or more bids are the same and lowest, the city may accept the one it chooses. When no bids are received, the city may perform Public Projects with city employees or through a negotiated contract without further complying with this Ordinance.

(Ord. No. 07-4)

(4) Notice inviting informal bids. When a Public Project which is anticipated to fall within the monetary limits on informal bids described in Public Contract Code § 22032 (as amended from time to time by the Commission) is to be performed, the city shall prepare a notice of the opportunity to bid which describes the project in general terms, states the time and place for the submission of bids and describes how to obtain more detailed information about the Project. The city shall mail the notice to all construction trade journals as specified by the Commission in accordance with Public Contract Code § 22036. Other contractors and/or construction trade journals may also be notified at the discretion of the department soliciting bids. Mailing shall be completed at least ten (10) days before bids are due.

(Ord. No. 07-4)

(5) Award of informally-bid contracts. The City Manager, Director of Public Works, Director of Building, Engineering & Neighborhood Services, and Purchasing Agent are authorized to award informal contracts as defined in Public Contract Code § 22032, except those described in subsection (12).

(Ord. No. 07-4)

(6) Bids exceed informal bidding limit. If all informal bids received exceed the monetary limits on informal bids described in Public Contract Code § 22032 (as amended from time to time by the Commission) and the city determines that the cost estimate was reasonable, the city may award the contract at up to the limit described in Public Contract Code § 22034, subdivision (f), by resolution approved by a four-fifths (4/5) vote of the city Council.

(Ord. No. 07-4)

(7) Bid documents for formal bids. The City Council shall adopt plans, specifications and working details for all Public Projects which are anticipated to fall outside the monetary limits on informal bids described in Public Contract Code § 22032 (as amended from time to time by the Commission).

(Ord. No. 07-4)

(8) Notice inviting formal bids. When a Public Project which is anticipated to fall outside the monetary limits on informal bids described in Public Contract Code § 22032 (as amended from time to time by the Commission) is to be performed, the city shall publish a notice inviting formal bids in a newspaper of general circulation as described in Public Contract Code § 22037. The notice shall also be mailed to all construction trade journals as specified by the Commission in accordance with Public Contract Code § 22036. Other contractors and/or construction trade journals may also be notified, at the discretion of the department soliciting bids. Mailing shall be completed at least thirty (30) days before bids are due.

(Ord. No. 07-4)

(9) Proprietary product or service. Notwithstanding subsections (3) and (6), if the product or service is proprietary in nature, such that it can be legally obtained only from a certain contractor(s) pursuant to Public Contract Code § 3400, the notice inviting informal bids may be sent exclusively to such contractor(s).

(Ord. No. 07-4)

(10) Contracts for maintenance and other work. Contracts for Maintenance, as defined by Public Contract Code § 22002, and for any other work which does not fall within that section's definition of Public Projects, may be bid pursuant to the Informal Bidding Procedures described in subsection (4) and the Formal Bidding Procedures described in subsection (8).

(Ord. No. 07-4)

(11) Rejection of bids; re-solicitation; use of city employees. If the city intends to reject all bids, it must mail the apparent low bidders a written notice of the City's intent to reject the bid at least two (2) business days prior to the hearing at which the bids will be considered.

(Ord. No. 07-4)

After rejecting the bids, the city may:

(Ord. No. 07-4)

(a) Abandon the project;

(Ord. No. 07-4)

(b) Re-advertise the project; or

(Ord. No. 07-4)

(c) Perform the work with city employees, after passing a resolution by a four-fifths (4/5) majority of the City Council declaring that the project can be performed more economically by city employees.

(Ord. No. 07-4)

(12) Emergency procedures. When an emergency necessitates repair or replacement, contracts shall be awarded pursuant to the procedures described in Public Contract Code sections 22035 and 22050.

(Ord. No. 07-4)

(13) Uniform cost accounting procedures. Whenever the city uses its own employees to perform a public works or maintenance project valued at more than the monetary limit on informal bidding described in Public Contract Code § 22032 (as amended from time to time by the Commission) it must implement the Uniform Construction Cost Accounting Policies and Procedures described in Public Contract Code § 22042 et seq. and the Commission's policies and procedures manual.

(Ord. No. 07-4)

(b) City Council approval shall be required for all professional services, consulting, and other services contracts which provide for remuneration exceeding $20,000.00 to the same contractor within any 12-month period regardless of funding source or type of service with the following exceptions:

(Code 1965, § 2313; Ord. No. 1001; Ord. No. 1225; Ord. No. 89-8; Ord. No. 92-9; Ord. No. 98-3)

(1) Consulting or professional services contracts necessitated by an emergency may be approved and executed by the City Manager or his designee. Such contracts shall be presented for Council confirmation following City Manager approval.

(Code 1965, § 2313; Ord. No. 92-9; Ord. No. 98-3)

(2) The Director of Leisure Services may enter into and execute, on behalf of the city, any and all contracts for a specific event to be presented at the Concord Pavilion or other performing arts facilities (including acts, artists, attractions, entertainers, technicians, instructors, stagehands, personal services, supplies, sponsors, and concessions) and contracts for instructors of fee classes.

(Code 1965, § 2313; Ord. No. 92-9; Ord. No. 98-3)

(3) Legal services for defense of claims or lawsuits covered by the county Municipal Risk Management Insurance Authority may be authorized by the City Attorney.

(Code 1965, § 2313; Ord. No. 92-9; Ord. No. 98-3)

All professional service contracts, consulting contracts, and other services contracts not subject to the preceding exceptions exceeding $20,000.00 shall be by agreement only.

(Code 1965, § 2313; Ord. No. 98-3)

(c) The City Manager serves as Purchasing Officer of the city, as prescribed in subsection (f) of this section, and, subject to subsections (a) and (b) of this section and the availability of funds, may award and execute any contract or purchase order for supplies, services, or equipment, or any combination thereof, may declare supplies or equipment as surplus and may assign purchasing duties to other city employees.

(Code 1965, § 2313; Ord. No. 1001; Ord. No. 1225; Ord. No. 89-8; Ord. No. 92-9)

(d) The City Attorney shall approve, as to form, all contracts (excluding purchase orders), faithful performance bonds, and labor and materials bonds.

(Code 1965, § 2313; Ord. No. 1001; Ord. No. 85-14; Ord. No. 89-8; Ord. No. 91-9; Ord. No. 92-9)

(e) The Director of Finance and Management Services, or designated representative, shall endorse upon all contracts, purchase orders, or other applicable documents that funds are available.

(Code 1965, § 2313; Ord. No. 1001; Ord. No. 89-8; Ord. No. 91-9; Ord. No. 92-9)

(f) The Purchasing Officer may delegate and/or assign to other city employees authority to:

(Code 1965, § 2313; Ord. No. 1001; Ord. No. 1225; Ord. No. 89-8; Ord. No. 92-9)

(1) Solicit bids as necessary;

(Code 1965, § 2313; Ord. No. 1001; Ord. No. 1225; Ord. No. 92-9)

(2) Execute purchase orders except those designated in subsection (a) of this section or subject to the limitations of subsection (b) of this section; and

(Code 1965, § 2313; Ord. No. 1001; Ord. No. 1225; Ord. No. 89-8; Ord. No. 92-9; Ord. No. 95-1; Ord. No. 98-3)

(3) Sell, trade in, or otherwise dispose of supplies or equipment declared to be surplus or obsolete.

(Code 1965, § 2313; Ord. No. 1001; Ord. No. 1225; Ord. No. 92-9)

(g) The original of all contracts entered into by the city, except for specific entertainment event contracts at the Concord Pavilion, the Willows Theatre, or other performing arts facilities, fee class instruction contracts, and purchase orders, shall be provided to and retained by the City Clerk's office.

(Code 1965, § 2313; Ord. No. 1147; Ord. No. 1225; Ord. No. 89-8; Ord. No. 91-9; Ord. No. 92-9)

Sec. 2-644. General policy; emergency purchases.

(a) Purchases shall be made in the quality, quantity, and at the price needed to fulfill but not exceed the using department's requirements.

(Code 1965, § 2314; Ord. No. 1001)

(b) It is recognized that emergency situations may arise that affect the public health, welfare, and safety and require purchases without resorting to this policy. The City Manager is authorized to establish conditions whereby department heads shall be authorized to purchase supplies, equipment, and services to remedy limited emergency conditions.

(Code 1965, § 2314; Ord. No. 1001; Ord. No. 89-8)

Sec. 2-645. Bidding regulations for purchases over $10,000.00 that are not public projects.

(a) Advertising for bids. Where the cost of services, supplies, and/or equipment required by the city exceeds the sum of $10,000.00 exclusive of sales or use tax, the Purchasing Officer shall call for bids by posting at the Civic Center or other designated location or by advertising at least once in a daily newspaper of general circulation circulated in the city or county not less than five calendar days prior to the date set for opening bids. Awarding bids and approval of contracts for services exceeding $20,000.00 shall be by the City Council pursuant to section 2-643(b).

(Code 1965, § 2315; Ord. No. 1001; Ord. No. 98-3)

(b) Bidder's security. The Purchasing Officer may require the bidder to submit bid security.

(Code 1965, § 2315; Ord. No. 1001)

(c) Opening of bids. All sealed bids, identified as such on the envelope, shall be submitted to the Purchasing Officer or other designated representative. Bids shall be opened in public at the time and place stated in the call for bids.

(Code 1965, § 2315; Ord. No. 1001)

(d) Rights reserved. The city reserves the right to reject any or all bids and to waive informalities, minor irregularities, and minor variations from specifications in bids received. The city may accept any item or group of items of any bid which will produce the most satisfactory results suited to the city's requirements.

(Code 1965, § 2315; Ord. No. 1001)

(e) Award of contract. The contract shall be awarded to the lowest responsible bidder. In determining the "lowest responsible bidder," the city will apply the best value concept. Criteria for determining low bids shall include, but not be limited to, the following:

(Code 1965, § 2315; Ord. No. 1001)

(1) The ability, capacity, and skill of the bidder to perform the contract or provide the supplies, services, or equipment required;

(Code 1965, § 2315; Ord. No. 1001)

(2) The ability of the bidder to provide the supplies, services, or equipment promptly or within the time specified without delay or interference;

(Code 1965, § 2315; Ord. No. 1001)

(3) The character, integrity, reputation, judgment, experience, and efficiency of the bidder;

(Code 1965, § 2315; Ord. No. 1001)

(4) The quality of the bidder's performance on previous purchases or contracts with the city;

(Code 1965, § 2315; Ord. No. 1001)

(5) The ability of the bidder to provide future maintenance, repair, parts, and services for the use of the supplies purchased.

(Code 1965, § 2315; Ord. No. 1001)

(f) No responsible bids. If no responsible bids are received, the services performed or the supplies or equipment furnished may be obtained without further competitive bidding.

(Code 1965, § 2315; Ord. No. 1001)

(g) Forfeiture of bid security. The contract shall be signed by the successful bidder and returned, together with any contract bonds, within ten calendar days after the contractor has received the contract. Failure to execute a contract and file acceptable bonds and certificates of insurance as provided herein shall be just cause for the annulment of the award and the forfeiture of the bidder's security.

(Code 1965, § 2315; Ord. No. 1001)

(h) Disposition of bid security. All bid securities and bid bonds of the unsuccessful bidders shall be returned at a time to be determined by the Purchasing Officer.

(Code 1965, § 2315; Ord. No. 1001)

Sec. 2-646. Waiver of bidding regulations.

Bidding regulations may be waived by the Purchasing Officer, except as otherwise provided by law, when:

(Code 1965, § 2316; Ord. No. 1001)

(1) The public health, welfare, and safety of the city requires that an order be immediately placed with a source of supply;

(Code 1965, § 2316; Ord. No. 1001)

(2) There is only one vendor for the product;

(Code 1965, § 2316; Ord. No. 1001)

(3) Participating with other governmental jurisdictions or public agencies;

(Code 1965, § 2316; Ord. No. 1001)

(4) Contracts or purchase orders involving the obtaining of professional or specialized services, such as, but not limited to, services rendered by architects, attorneys, engineers, or other specialized consultants. Contracts exceeding $20,000.00 shall be subject to the provisions of section 2-643(b).

(Code 1965, § 2316; Ord. No. 1001; Ord. No. 98-3)