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HomeMy WebLinkAbout90-02 CC OrdinanceORDINANCE 90-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE TEMECULA MUNICIPAL CODE, AND ENACTING TITLES 1, 2, AND 3 THEREOF RELATING TO GENERAL PROVISIONS, ADMINISTRATION AND PERSONNEL, AND REVENUE AND FINANCE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: SECTION 1. A Municipal Code is hereby established for the City of Temecula, and Titles 1, 2 and 3 thereof are enacted as follows: Orda 90-02 I Title 1 GENERAI, PROVISIONS Chapters: 1.01 1.04 1.08 Code Adopted City Seal Citations in Lieu of Immediate Arraignment Chapter 1.01 CODE ADOPTED Sections: 1.01.001 1.01.002 1.01.003 1.01.004 1.01.005 1.01.010 1.01.020 1.01.030 1.01.040 1.01.050 1.01.100 1.01.110 1.01.120 1.01.130 1.01.140 1.01.150 1.01.160 1.01.170 1.01.200 1.01.210 1.01.220 1.01.230 1.01.240 1.01.250 1.01.260 1.01.300 1.01.310 Declaration of purpose. Establishment of Municipal Code. Contents of Code. Outline of Code. Maintenance of Code. Interpretation of Code and other ordinances. Effect of Code on past actions and obligations. Partial invalidity. Territorial limitation. Local signification. Rules of construction. Effect of headings. Meaning of "section" and "subsection". Acts by deputies. "Writing". Reference to ordinances: Application to amendments. Statute of limitations. Definitions. Violation of Municipal Code--Misdemeanor. Aiding and Abetting. Punishments. Imprisonment in County Jail. Violations public nuisances. Nuisances: Recovery of abatement expenses. Violations of administrative provisions. Notices -- Service. Notices: -- Proof. Ords 90-02 2 1.01.001. Declaration of purpose. The City Council finds that it is desirable and in the public interest to establish a Municipal Code in order to provide a scheme of organization for the classification and grouping of ordinances which the Council may adopt. The Council intends in adopting ordinances of a general and permanent nature to provide for their placement in accordance with the scheme of the Code. This will provide the user with a convenient and logical compilation of the ordinances of the City. 1.01.002. Establishment of Municipal Code. This Code shall be known as the "Temecula Municipal Code". It shall be sufficient to refer to this Code as the Temecula Municipal Code in any prosecution for the violation of any provision of this Code. It shall also be sufficient to designate any ordinance adding to, amending, or repealing provisions of this Code as an addition or amendment to,, or a repeal of the Temecula Municipal Code, or any portion thereof. 1.01.003. Contents of Code. The Temecula Municipal Code shall consist of all ordinances adopted by the City Council which are of a general and permanent nature. An ordinance relating to any of the following subject matters is not considered an ordinance of general and permanent nature and need not be included within the Municipal Code: (a) (c) (d) (e) (f) (g) (h) The naming of streets or roads; Granting, altering, or withdrawing franchises; Levying real property taxes; Calling an election; Annexation proceedings; Interim zoning measures; Zoning or rezoning a particular parcel of property; Such other ordinances of a special or particular subject matter which the Council considers inappropriate to a compilation of laws of a general and permanent nature. 1.01.004. Outline of Code. (a) The ordinances of the City which are of a general and permanent nature shall be organized and grouped according to subject matter. (b) Ordinances which are adopted from time to time shall be classified and organized under the following scheme of titles: (1) General Provisions (2) Administration and Personnel (3) Revenue and Finance (4) (Reserved) Orda 90-02 3 (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) Business Regulations Health and Sanitation (Reserved) Buildings and Construction Planning and Zoning Animals Peace, Morals and Safety Vehicles and Traffic Parks and Recreational Facilities Streets and Sidewalks Water and sewers 1.01.005 Maintenance of Code. At least three copies of this Code, duly certified by the City Clerk, shall be maintained on file in the office of the City Clerk as official copies of this Code. Additional copies of this Code shall be distributed to the departments of the City as prescribed by the City Manager. Duly certified copies of each ordinance making a change in this Code shall be filed in the office of the City Clerk in books for such purpose, duly indexed for ready reference. At least semi-annually the City Clerk shall cause the loose leaf pages of this Code in which changes have been made to be reproduced, including a notation as to the ordinance number and the date on which such change was adopted. Such reprinted pages shall be distributed in order that the loose leaf copies of this Code, prepared for the use and convenience of the officers and employees of the City and the general public, may be brought up to date. 1.01.010. Interpretation of Code and other ordinances. The provisions of this Code and all proceedings under it are to be construed to effect its purposes and to promote justice. All the provisions of this Code and all other City ordinances shall be interpreted to refer to the appropriate or designated officer or office of the City, and whether an ordinance, uniform Code, stature, or other matter which is adopted by reference refers to any department, officer, employee, inspection, police, or other functions, unless the context requires otherwise, all references shall be to the appropriate or designated office,, officer, department, agency, employee, or function of the City, or to the person or agency performing the function for the City. 1.01.020 Effect of Code on past actions and obligations. Ords 9002 4 Neither the adoption of this Code or any portion thereof, not the repeal by this Code of any ordinance previously in effect in the City or within the territory currently comprising the City, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this Code, nor be construed as a waiver of any license fee or penalty due and unpaid under such ordinances on such effective date, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license fee or penalty or the penal provisions applicable to any violating of such ordinances, nor to affect the validity of any bond or cash deposit required to be posted, filed, or deposited pursuant to any ordinances, and all vested rights and obligations pertaining to such ordinances shall continue in full force and effect. 1.01.030 Partial invalidity. If any chapter, section, sentence, clause or portion of this Code is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. 1.01.040 Territorial limitation. This Code shall refer only to the omission or commission of acts within the territorial limits of the City of Temecula and that territory outside of the City over which the City has jurisdiction or control by virtue of the constitution, or any law, or by reason of ownership or control of property. 1.01.050 Local signification. All references in this Code to places, acts, persons or things and all else in relation to this Code shall be construed to mean that the same are applicable to this City, whether the City is mentioned in each particular section or not. 1.01.100 Rules of construction. Unless the provisions of this Code otherwise specifically provide, or the context of this Code indicates to the contrary, the general provisions, rules of construction, and definitions set forth in the following sections of this chapter shall govern the construction of this Code. 1.01.110 Effect of headings. The title, chapter, article, and section headings contained in this Code shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any title, chapter, article, or section of this Code. Ords 90-02 5 1.01.120 Meaning of "section" and "subsection". "Section" shall mean a section of this Code, unless some other source is specifically set forth. "Subsection" shall mean a subsection of the section in which the term occurs, unless some other section is expressly set forth. 1.01.130 Acts by deputies. Whenever a power is granted to, or a duty is imposed upon, a public officer or employee, the power may be exercised or the duty may be performed by a deputy of such officer or employee or by a person otherwise duly authorized pursuant to law or ordinance, unless this Code expressly provides otherwise. 1.01.140 "Writing". "Writing" includes and form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or record is required of authorized by this Code, such notice, report, statement, or record shall be made in writing in the English language, unless this Code expressly provides otherwise. 1.01.150 References to ordinances: Application to amendments. Whenever any reference in this Code is made to an ordinance, the reference shall apply to such ordinance of the City, unless this Code expressly provides otherwise. Whenever any reference is made to any portion of this Code or to any ordinances of this City, the reference shall apply to all amendments and additions to this Code. 1.01.160 Statute of limitations. When a limitation or period of time prescribed in any existing ordinance or statute for acquiring a right of barring a remedy, or for any other purpose, has begun to run before this Code goes into effect, the time which has already run shall be deemed a part of the time prescribed as such limitation. 1.01.170 Definitions. As used in this Code, unless a different meaning is apparent from the context or is specified elsewhere in the Code: (a) "Calendar year" shall mean from January 1 through December 31 of any given (b) "City" shall mean the City of Temecula. (c) "City Manager" shall mean the appointed official of the City who occupies the Ord~ 90-02 6 position of chief administrative officer of the City. (d) "Council" shall mean the City Council of the City of Temecula. (e) "Councilmember" shall mean a person duly elected to the Council. (f) "County" shall mean the County of Riverside. (g) "Fiscal year" shall mean from July 1 of any given year through June 30 of the following year. (h) "Gender". The masculine gender shall include the feminine and neuter genders. (i) "Goods" shall mean and include wares and merchandise. (j) "May" shall be permissive. (k) "Month" shall mean a calendar month, unless otherwise specially expressed. (1) "Number". The singular number shall include the plural, and the plural number shall include the singular. (m) "Oath" shall include affirmation. (n) "Official time standard". Wherever certain hours are named in this Code, they shall mean Standard Time or Daylight Saving Time as may by in current use in the City. (o) "Operate" shall mean and include carrying on, keeping, conducting, or maintaining. (p) "Owner" applied to a building or land, shall include any part owner, joint owner, tenant, tenant in common, or joint tenant of the whole or a part of such building or land. (q) "Person" shall includeanyperson, firm, company, corporation, partnership, association, public corporation, City (except the City of Temecula), the County of Riverside, any district in the County of Riverside, the State of California, or the United States of America, or any department, agency or political subdivision of the above, unless this Code expressly provides otherwise. (r) "Personalproperty" shall include money, goods, chattels, things in action, and evidences of debts. (s) "Police" shall mean the agency which performs the appropriate law enforcement function for the City. "Police Chief" or "Chief of Police" shall mean the head of the agency or division which at the time involved has responsibility for performing the police function for, or within, the City. (t) "Property" shall include real and personal property. (u) "Quarterly", where used to designate a period of time, shall mean the first three calendar months of any given year of succeeding period of three calendar months. (v) "Real property" shall include land, tenements, and hereditaments. (w) "Sale" shall include any sale, exchange, barter, or offer for sale. (x) "Shall" shall be mandatory. (y) "State" shall mean the State of California. (z) "Street" shall include all streets, highways, avenues, boulevards, alleys, courts, places, squares, or other public ways in the City which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of the State. (aa) "Tenant of occupant", applied to a building or land, shall include any person Ords 90-02 7 who occupies the whole or a part of such building or land, whether alone or with others. (ab) "Tense". The present tense shall include the past and future tense, and the future tense shall include the present tense. Words and phrases not defined in this Code shall be construed according to the approved usage of the language, or, when appropriate, by reference to definitions contained in State or Federal law. 1.01.200 Aiding and abetting. Whenever any act or omission is made unlawful by this Code, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission. 1.01.220 Punishments. (a) Any conviction of a misdemeanor under the provisions of this Code shall be punishable by a fine of not more than One Thousand Dollars ($1,000), or by imprisonment in the County jail for a period net exceeding six (6) months, or by both such fine and imprisonment. (b) Any conviction of an infraction under the provisions of this Code shall be punishable for a first conviction by a fine of not more than One Hundred Dollars(S100), for a second conviction within a period of one year by a fine of not more than Two Hundred Dollars (200), and for a third or any subsequent conviction within a period of one year by a fine of not more than Five Hundred Dollars ($500). Any provision or requirement of this Code or of any Code adopted by reference by this Code or of any ordinance of the City not included within this Code, the violation of which or the failure to comply with which is designated as an infraction, shall be prosecutable as a misdemeanor upon a third violation within a period of one year and each violation thereafter of the same provision by the same individual within a period of one year. Any violation expressly declared to be punishable, in the discretion of the court by either a fine, or by a fine or imprisonment, or both, shall become an infraction for all purposes under any of the following circumstances: (1) Where a judgment imposes a punishment of a fine not exceeding One Hundred Dollars (100) in the case of a first offense; or (2) When the court grants probation to a defendant without the imposition of a sentence and, at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be an infraction; or Ords 90-02 8 (3) When the City Attorney or any deputy district attorney files in a court having jurisdiction over misdemeanor offenses a complaint specifying that the offense is an infraction. 1.01.230 Imprisonment in County Jail. Imprisonment for violation of any City Ordinance shall be in the County Jail. 1.01.240 Violations public nuisances. (a) In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision of this Code or any Code adopted by reference by this Code or any ordinance of the City not included within this Code, or any such threatened violation, shall be deemed a public nuisance and may be summarily abated as such by the City. (b) Any such violation or threatened violation as referred to in subsection (a), or any condition caused or permitted to exist in violation of any of the provisions of any Code adopted by reference by this Code, or of the provisions of any other City ordinance, shall be deemed a public nuisance which may be abated by the City Attorney in a civil judicial action. 1.01.250 Nuisances: Recovery of abatement expenses. (a) Whenever any person creating, causing, committing, or maintaining a public nuisance, as referred to in Section 1.01.240 of this chapter, or other public nuisance, as defined under State law or other ordinances or regulations, has been given notice, by or on behalf of the City Attorney or by any other City officer, employee or policing agent authorized to give such notice, to abate such nuisance or cease and desist from continuing such nuisance or violation of law, and such person fails, refuses, or neglects to comply with the notice within the time specified therein, or if such a time is not specified, then within a time reasonably sufficient to enable such compliance, such noncomplying person shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with or enforcing the law as referred to or encompassed within said notice. Co) Costs and expenses, as referred to in subsection (a) of this section, may include, but are not limited to, any and all direct costs and expense related to such things as personnel salaries and benefits, operational overhead, rent, interest, fees for experts or consultants, legal costs or expenses, including attorneys' fees, claims against the City arising as a consequence of the nuisance or violation, and procedures associated with collecting moneys due hereunder. (c) The provisions of subsection (a) of this section shall also apply to any person who received a notice, as specified therein, abated the nuisance or violation, but subsequently Ords 90-02 9 allowed or was responsible for a recurrence of the nuisance or violation. (d) The liability of any person for the payment of the costs and expenses provided for in sub section (a) of this section may be waived in whole or in part by the City Attorney in any case wherein he or she determines, in his or her sole discretion, that the failure or refusal of such persons to comply with the notice therein involved was based upon a good faith and bona fide issue of law or fact specially involved in the circumstances of the case. Any determination or decision of the City Attorney in this regard shall be final and conclusive and shall not be subject to appeal as prescribed in Chapter 2.04 of Title 2 of this Code. (e) Money due to the City pursuant to this section may be recovered in an appropriate civil action. Alternatively, such liability may be enforced by special assessment proceedings against the parcel of land upon which the nuisance existed, which proceedings may be conducted in a manner substantively similar to proceedings described in Sections 39574 et seq. of the California Government Code relating to weed abatement assessments. 1.01.260 Violation of administrative provisions. The violation of, or the failure or omission to perform in accordance with, any administrative provision of this Code by any officer or employee of the City shall generally not be considered a criminal act, but may be deemed a failure to perform the duties or to observe the rules or regulations of the department, office, commission or board within the meaning of the civil service ordinances and rules and regulations of the City, if applicable. 1.01.300 Notices -- Service. Whenever a notice is required to be given, or may be given, under any provision of this Code or any provision of any Code adopted by reference by this Code or any provision of any ordinance or resolution of the City not included within this Code, such notice may be given as herein provided. Unless different or special provisions are otherwise specifically made in this Code or in some other applicable enactment, any such notice may be given either by personal delivery thereof to the persons to be notified, or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified, at the person's last known residence or business address as the same appears in the public records or other records pertaining to the matters to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the official receptacle thereof. 1.01.310 Notices -- Proof. Proof of giving any notice may be made by the certificate of any officer or employee of this City or by the affidavit or declaration under penalty of perjury of any person over the age of eighteen years, which shows service in conformity with this Code or other provision of law applicable to the subject matter concerned. Ords 904)2 10 Chapter 1.04 CITY SEAI. Sections: 1.04.010 Adoption. 1.04.010 Adoption. A corporate seal for the City shall be adopted and approved by the City Council by ordinance. Chapter 1.08 CITATIONS IN LIEU OF IMMEDIATE ARRAIGNMENT Sections: 1.08.010 1.08.050 Notice to appear in lieu of arrest. Issuance of citations by designated officers and employees. 1.08.010 Notice to appear in lieu of arrest. In any case in which a person is arrested for a violation of any provision of this Code and does not demand to be taken before a magistrate, such person may, in lieu of being taken before a magistrate, be issued a written notice to appear in court and then may be released, pursuant to and in accordance with the procedures prescribed by California Penal Code Section 853.6 et seq. 1.08.050 Issuance of citations bv designated officer and employees. Officers and employees of the City who have the discretionary duty to enforce a statute or ordinance may, pursuant to Section 836.5 of the California Penal Code and subject to the provisions of this section, arrest a person without a warrant whenever any such officer or employee has reasonable cause to believe that the person to be arrested has committed an offense in the officer's or employee's presence which he or she has the discretionary duty to enforce, and to issue a notice to appear, and to release such person on his or her written promise to appear in court, pursuant to Section 853.6 of the Penal Code. No officer or employee shall be allowed by his or her superior to exercise the arrest and citation authority conferred in this section unless such officer or employee is within a classification of City officers and employees designated by resolution of the City Council to exercise such arrest and citation authority as to specified violations. Any such officer or employee shall be 0Ms9~02 11 appropriately instructed to deposit executed citations or notice with the police department for filing with the court, after review for legal sufficiency. ADMINISTRATION AND PERSONNEl. Chapters: 2.04 2.06 2.08 2.10 2.12 2.15 2.16 2.20 2.50 2.55 Council Boards and Commissions -- General Provisions City Manager City Clerk Director of Finance and General Services City Treasurer City Attorney Disaster Relief Administrative Mandamus: Statute of Limitations Holidays Observed by the City Chapter 2.04 Sections: COUNCIl, 2.04.010 2.04.020 2.04.030 2.04.040 2.04.050 2.04.060 2.04.070 2.04.100 2.04.110 2.04.120 2.04.130 Elections and Tenure Time and place of regular meetings. Improper conduct at meeting. Adoption of procedures. Compensation. Commission appointments. Presiding Officer Appeals to Council. Notice of appeal: Time limit -- Contents. Appeals: Hearings: Notices. Appeals: Hearings: 2.04.010 Election and Tenure. Ords 90-02 12 The electors of the City of Temecula shall elect Councilmembers at the general municipal election held every two years on the date of the statewide general election. 2.04.020 Time and place of regular meetings. (a) Regular meetings for the City Council shall be held on the second and fourth Tuesday of each month. Regular meetings shall commence a 7:00 p.m. and adjourn at 10:00 p.m., subject to an adopted motion to extend the meeting. Regular meetings shall be conducted at the Temecula Community Center, 28816 Pujol Street. If a regular meeting falls on a holiday, the regular meeting shall be held on the next business day. (Gov. Code Section 36808.) (b) The City Council may, by resolution, designate another date, time and location for a meeting. 2.04.030 Improper conduct at meeting. (a) All persons shall comply with the meeting procedures announced by resolution of the City Council and no person shall interfere with or interrupt a City Council meeting. (b) The presiding officer may designate a member of the County Sheriff's Department as Sergeant at Arms who shall carry out the directions of the presiding officer to include making arrests as directed by the presiding officer. Any person who fails to comply with a direction given by the presiding officer may be removed. (c) Any person using profane, vulgar, loud or boisterous language at any meeting or otherwise interrupting the proceedings, who refuses to be seated or keep quiet when ordered to do so by the Mayor or other presiding officer of the Council, is guilty of a misdemeanor. 2.04.040 Adoption of procedures. The City Council may, by resolution, adopt rules of procedure and regulations pertaining thereto to govern the conduct of its meetings and any of its other functions and activities. 2.04.050 Compensation. (a) Each Councilmember shall be entitled to a salary in the amount of $300.00 per month. (Govt. Code Section 36516.) (b) Upon the submission of an itemized account, any Councilmember may be reimbursed for the actual and necessary expenses incurred in the performance of official duty. (Govt. Code Section 36514.5.) Ords 90-02 13 2.04.060 Commission appointments. Unless otherwise specifically provided in this Code or by State law, all City board and commission appointments, except for ex office members where applicable, shall be made by the City Council. 2.04.070 Presiding Officer. (a) City Council shall meet on the Tuesday after the general municipal election and choose on if its members as Mayor and one of its members as Mayor Pro Tempore. (Govt. Code Section 36801.) Co) The Mayor, and the Mayor Pro Tempore, shall serve a term of one year, or until a successor for each position is chosen. Three affirmative votes shall be required to choose or change the Mayor or Mayor Pro Tempore. (c) In addition to the powers and duties of a Councilmember, the Mayor, or in the Mayor's absence, the Mayor Pro Tempore, shall be the presiding officer of the City Council. (Govt. Code Section 36802.) 2.04.100 Appeals to Council. (a) Except when an appeals procedure is otherwise specifically set forth in this Code, any person objecting to the denial, conditional approval, suspension, or revocation of a permit, license or other approval applied for or held by him pursuant to any provision of this Code, or to any administrative decision made by any official of the City, if the denial, conditional approval, suspension, or revocation of such permit, license or approval, or the determination of such administrative decision involves the exercise of administrative discretion or personal judgment exercised pursuant to any provision of this Code, may appeal in writing to the Council by filing with the City Clerk a written notice of such appeal. (b) No appeal may be taken to any such administrative decision made by an official of the City pursuant to any provision of this Code unless such decision has been first taken up with the department head concerned and with the City Manager, and each such official has not adjusted the matter to the appellant's satisfaction. (c) No right of appeal to the Council from any administrative decision made by an official of the City pursuant to any provision of this Code shall exist when such decision is ministerial and thus dies not involve the exercise of administrative discretion or personal judgment, whether the administrative decision involves the denial, conditional approval, suspension, or revocation of a permit, license, approval or any other administrative decision. There shall be no such right of appeal with regard to law enforcement activities involving State law. Ord~ 90-02 14 2.04.110 Notice of appeal: Time limit -- Contents. (a) No notice of appeal shall be acted upon unless filed within ten days after service of written ten days after service of written notice of the determination appealed from, provided that if such notice of determination has not been served in writing the appellant may, within ten days after being apprised of such determination, demand service of written notice thereof, and shall have ten days following such service in which to file the notice of appeal. (b) The notice of appeal shall set forth (1) the specific action appealed from, (2) the specific grounds of the appeal and (3) the relief or action sought from the City Council. In the event any notice of appeal fails to set forth any information required by this section, the City Clerk shall return the same to the appellant with a statement of the respects in which it is deficient, and the appellant shall thereafter be allowed five days in which to perfect and refile the notice of appeal. (c) Except tn those instances where an appeal is filed by the City Manager or other public official pursuant to official duties, the written notice of appeal from the determination of an administrative official or from an administrative body of the City, as the case may be, shall be accompanied by such fee as may be established by resolution of the City Council. 2.04.120 Appeals: Hearings: Notices. Upon the timely filing of a notice of appeal in proper form, the city Clerk shall schedule the matter promptly upon the City Council agenda at a subsequent regular meeting and shall cause notice thereof to be given to the appellant not less than five days prior to such hearing, unless such notice is waived in writing by the appellant. The City Clerk shall also cause a copy of the notice of appeal to be transmitted to the official or body whose decision has been appealed from. 2.04.130 Appeals: Hearings. (a) The City Council may limit participation at the hearing to those parties directly interested, or may allow participation by the public. Such public participation, however, shall only occur when the Council deems the same necessary to further the public interest. heating is ordered open to public participation, notice thereof shall be given by publishing notice of the same in a newspaper of general circulation in the City not less than five days prior to the date of such hearing, and by such other means as the City Council deems necessary. Ifa (b) At the time of consideration of the appeal by the City Council the appellant shall e limited to a presentation on the specific grounds of appeal and matters set forth in his or her notice of appeal and shall have the burden of establishing cause why the decision appealed from should be altered, reversed or modifies. The Council may continue the matter from Ords 90-02 15 time to time; and at the conclusion of its consideration may affirm, reverse or modify the decision appealed from and may take any action which might have been legally taken in the first instance by the official or body from whose action the appeal has been taken. In ruling on the appeal the finding and action of the Council shall be final and conclusive in the matter. Chapter 2.06 COMMISSIONS -- GENERAL PROVISIONS Sections: 2.06.010 2.06.020 2.06.030 2.06.040 2.06.050 2.06.060 2.06.070 2.06.080 2.06.090 2.06.100 Commissions established. Number of members. Qualifications. Applications. Appointment. Term. Vacancies. Meetings/Quorum. Absence from meetings. Compensation. 2.06.010 Commissions established. There shall be established within the City a Planning commission. The City Council may establish by ordinance or resolution such other commissions as it deems necessary. 2.06.020 Number of members. Unless otherwise specifically provided, each commission shall consist of five (5) members. 2.06.030 Qualifications. Unless otherwise specifically provided by law, or by ordinance or resolution of the City Council, all members of commissions of the City shall, at all times during their incumbencies, be bona fide residents and registered voters of the City. No member of any commission shall be a City employee, nor shall any person be a member of more than one commission at any one time. No person shall be eligible for appointment as a commission member for more than two full consecutive terms (six (6) years). 2.06.040 Applications. The City Clerk shall maintain all applications submitted to the City for commission positions Ords 90-02 16 for a period of two (2) years. 2.06.050 Members: Appointment and Removal. Members of each commission shall be nominated by an Ad Hoc Committee of two Councilmembers subject to the approval of a four-fifths (4/5ths) majority of the City Council. A majority of the Council may remove an appointee for good cause. The chairperson and vice-chairperson of each commission shall be selected by a majority of the membership of that commission. 2.06.060 Term. The term of each commission member shall be three (3) years with staggered terms. Initially, all five members may be selected at once. In order to achieve staggered terms, one member shall be appointed for a term of (3) years; two for terms of two (2) years; and two for terms of one (1) year, said terms to be determined by drawing lot. At the completion of any term, a commission member may be reappointed pursuant to the procedures set forth in Section 2.06.050. 2.06.070 Vacancies. If vacancies in any commission occur, other than by expiration of term, such vacancies shall be filled by appointment for the unexpired portion of the term. 2.06.080 Meetings/Quorum. The City Council shall establish meeting schedules for each commission be resolution. A quorum of three shall be required for the transaction of any business. 2.06.090 Absence from meetings. Should any commission member be absent from any three consecutive meetings of the commission, without excuse acceptable to the City Council, that member shall vacate his or her seat on the commission. The vacancy shall be filled in the same manner as any other vacancy. 2.06.100 Compensation. Unless otherwise required by law, commission members shall receive no compensation. Ords 90-02 17 Chapter 2.08 CITY MANAGER Sections: 2.08.010 2.08.020 2.08.030 2.08.040 2.08.050 2.08.060 2.08.070 2.08.080 2.08.090 2.08.100 2.08.110 2.08.120 Office created -- Term. Eligibility. Compensation. Expense reimbursement. Designation of acting City Manager. Powers and duties. Relations with Council. Departmental cooperation. Attendance at commission meetings. Removal. Agreements with Council. Bond 2.08.010 Office created -- Term. The office of the City Manager is created and established. The City Manager shall be appointed by the City Council wholly on the basis of administrative and executive ability and qualifications. The City Manager shall hold office for and during the pleasure of the City Council. 2.08.020 Eligibility. No member of the City Council shall be eligible for appointment as City Manager until one year has elapsed after such Councilmember has ceased to be a member of the City Council. 2.08.030 Compensation. The City Manager shall receive such compensation and expense allowances as the City Council shall from time to time determine, and such compensation shall be a proper charge against such funds of the City as the Council shall designate. 2.08.040 Expense Reimbursement. The City Manager shall be reimbursed for all actual and necessary expenses he or she incurs in the performance of his or her official duties, including those incurred when traveling on business pertaining to the City. Ords 90-02 18 2.08.050 Designation of Acting City Manager. The City Manager, by letter filed with the City Clerk, shall designate a qualified City administrative officer to exercise the powers and perform the duties of City Manager during any temporary absence or disability of the City Manager. 2.08.060 Powers and duties. The City Manager shall be the administrative head of the government of the City under the direction and control of the City Council except as otherwise provided in this chapter. The City Manager shall be responsible for the efficient administration of all affairs of the City which are under his or her control. In addition to the general powers as administrative head of the City government, and not as a limitation thereon, the City Manager shall be expected to, and shall have the power to: (a) Enforce all laws and ordinances of the City and to see that all franchises, contracts, permits and privileges granted by the City Council are faithfully observed; (b) Appoint, remove, promote and demote any and all officers and employees of the City except elected officers, the City Attorney, the City Clerk, and the City Treasurer, subject to all applicable personnel rules and regulations which may be adopted by the City Council; (c) Control, order and give directions to all department heads who are subject to his or her appointment and removal authority, and to subordinate officers and employees of the City under his or her jurisdiction through their department heads; (d) Conduct studies and effect such organization and reorganization of offices, positions or units under his or her direction as may be indicated in the interest of efficient, effective and economical conduct of the City's business; (e) Recommend to the City Council for adoption such measures and ordinances as he or she deems necessary. (f) Attend all meetings of the City Council unless excused therefrom by the Mayor individually or the City Council as a whole, except when his or her removal is under consideration; (g) Prepare and submit the proposed annual budget and the proposed annual salary plan to the City Council for its approval; (h) Keep the City Council at all times fully advised as to the financial condition and needs of the City; Orals 90-02 19 (i) Make investigations into the affairs of the City and any department or division thereof and any contract or other obligation of the City; and further to investigate all complaints in relation to matters concerning the administration of the City government and in regard to the service maintained by public utilities in the City; (j) Exercise general supervision over all public buildings, public parks and all other public properties which are under the control and jurisdiction of the City; (k) Have the same authority as the Mayor, as the convenience of the parties may dictate, to sign documents specified in Section 40602 of the California Government Code whenever such documents have been approved by the City Council for execution by resolution, motion, minute order or other appropriate action; and (1) Perform such other responsibilities and exercise such other powers as may be delegated to him or her from time to time by ordinance or resolution or other official action of the City Council. 2.08.070 Relations with Council. The City Council and its members shall deal with the administrative services of the City only through the City Manager, except for the purpose of inquiry, and either the City Council nor any member thereof shall give orders to any subordinates of the City Manager. For purposes hereof, "inquiry" means any and all communications short of giving orders, directions of instructions to any member of the administrative staff. Such staff members shall provide all information reasonably requested by any Councilmember. The City Manager shall take orders and instructions from the City Council only when sitting in a duly convened meeting of the City Council and no individual Councilmember shall give any orders of instructions to the City Manager. The City Council shall instruct the City Manager in matters of policy. Any action, determination or omission of the City Manager shall be subject to review by the City Council. The City Council may not overrule, change or modify any such action, determination or omission except by the affirmative vote of at least three members of the City Council. 2.08.080 Departmental cooperation. It shall be the duty of all subordinate officers, the City Attorney, and affairs of the City efficiently, economically and harmoniously. 2.08.090 Attendance at commission meetings. The City Manager may attend any and all meetings of the Planning Commission, and any other commission, board or committee created by the City Council, upon his or her own volition or upon direction of the City Council. At any such meeting which the City Manager attends, he or she shall be heard by such commission, board or committee as to all matters upon which he or she wishes to address the members thereof. The City Manager shall inform such commission, board of committee as to the status of any matter being considered by the City Council pertaining to that body, and shall cooperate to the fullest extent with members of all commissions, boards or committees appointed by the City Council. Ords 90-02 20 2.08.100 Removal. The removal of the City Manager shall be effected only by a majority vote of the whole Council as then constituted, convened in a regular Council meeting. 2.08.110 Agreements with Council. Nothing in this chapter shall be construed as a limitation on the power or authority of the City Council to enter into any supplemental agreement with the City Manager delineating additional terms and conditions of employment not inconsistent with any provisions of this chapter. 2.08.120 Bond. The City Manager shall furnish a corporate surety bond in the amount of $100,000 from a surety approved by the City Council for the faithful performance of the duties imposed upon the City Manager. The premium for such bonds shall be a proper charge against the City. Ords 90-02 21 Sections: 2.10.010 Authority for office. 2.10.020 Compensation. 2.10.030 Functions. 2.10.040 Bond. Chapter 2.10 CITY CLERK 2.10.010 Authority for office. The office of the City Clerk is created and established. The City Clerk shall be appointed by the City Council wholly on the basis of administrative and executive ability and qualifications. The City Clerk shall hold office for and during the pleasure of the City Council. 2.10.020 Compensation. The City Clerk shall receive such compensation and expense allowance as the City Council shall from time to time determine, and such compensation shall be a proper charge against such funds of the City as the City Council shall designate. 2.10.030 Functions. The City Clerk shall have all of the powers, duties, and responsibilities granted to and imposed upon the office of the City Clerk by the provisions of Chapter 2 of Part 3 of Division 3 of Title 4 of the Government Code of the State (commencing with Section 40800), other general laws of the State, the provisions of this Code, and the ordinances and resolutions of the City Council. The principal functions of the City Clerk shall be to: (a) Attend all meetings of the City Council and be responsible for the recording and maintenance of a record of al the actions of the Council; (b) Keep all ordinances an resolutions of the Council in such a manner that the information contained therein will be readily accessible and open to the public. The City Clerk shall attach to the original copy of each ordinance a certificate which shall state the date the ordinance was adopted and, as to an ordinance requiring publication, that the ordinance has been published or posted in accordance with law; Ords 90-02 22 (c) Keep all records of the Council and of the office of the City Clerk is such manner that the information contained therein will be readily accessible and open to the public until such time as any of the records may be destroyed or reproduced and the original destroyed, in accordance with State law. (d) Serve as the official custodian of all City records; (e) Be the custodian of the seal of the City; (f) Prepare the Council agendas, in conjunction with and under the direction of the City Manager; (g) Perform the duties prescribed by the California Elections Code in conducting municipal elections; Act: (h) Perform the duties imposed upon city clerks by the California Political Reform (i) Be responsible for the publication of all official advertising for the City; (j) Be responsible for the maintenance and distribution of the Municipal Code; (k) Process all claims filed against the City and its officers, agents, or employees, pursuant to Chapters and 2 of Part 3 of Decision 3.6 of Title 1 of the California Government Code (commencing with Section 900) and Chapter 3.16 of Title 3 of this Code; (1) Perform the financial and accounting duties imposed upon the City Clerk by Section 40802 through 40805 of the California Government Code; and (m) Perform such other duties consistent with this Code as may be required of the City Clerk by the City Council. 2.10.042 Bond The City Clerk shall furnish a corporate surety bond in the amount of $100,000 from a surety approved by the City Council for the faithful performance of the duties imposed upon the City Clerk. The premium for such bonds shall be a proper charge against the City. Ord~ 90-02 23 Chapter 2.12 DIRECTOR OF FINANCE Sections: 2.12.010 Office created. 2.12.020 Appointment. 2.12.030 Bond requirement. 2.12.040 Duties 2.12.010 Office created. There is hereby created and established the office of Director of Finance. 2.12.020 Appointment. The Director of Finance shall be appointed by and serve at the pleasure of the City Manager. 2.12.030 Bond requirement. The Director of Finance shall furnish a corporate surety bond to be approved by the City Council in the same amount as that required of the City Clerk, and it shall be conditioned upon the satisfactory performance of the duties imposed upon the Director of Finance by statute, ordinance or resolution. Any premium for such bond shall be a proper charge against the City of Temecula. 2.12.040 Duties. The Director of Finance shall be the head of the Finance Department of the City, and shall: (a) Have charge of the administration of the financial affairs of the City under the direction of the City Manager; and Co) Compile the budget expense and income estimates for the City Manager; and (c) Maintain a general accounting system for the City Government and each of its officers, departments and agencies; and (d) Supervise and be responsible for the disbursement of all monies and audit of all expenditures to ensure that budget appropriations are not exceeded; audit all purchase orders before issuance to ensure that sufficient funds are appropriated and available; audit and approve before payment bills, invoices, payrolls, demands or charges, against the City Government; and, with the advice of the City Attorney, when necessary, determine the regularity, legality and correctness of such claims, demands or charges, and prepare and Ords 90-02 24 submit to the City Council periodically a register of audited demands with his affidavit attached thereto as provided in the Government Code; and (e) Submit to the City Council periodic statements of all receipts and disbursements in sufficient detail to show the exact financial condition of the City; and, at the end of each fiscal year, submit a complete financial statement and report; and (f) Supervise the keeping of current inventories of all property of the City by all City departments, offices and agencies; and (g) Perform all the financial and accounting duties hereto fore imposed upon the City Clerk, and the City Clerk shall be relieved of such duties, including all such duties imposed upon the City Clerk by Sections 40802 through 40805 of the Government Code of the State of California, and including all such duties imposed upon the City Clerk by Section 37208 of the Government Code with respect to the prepayment of demands. Ord~ 90-02 25 Sections: 2.15.010 Authority for office. 2.15.020 Compensation. 2.15.030 Functions. 2.15.040 Bond Chapter 2.15 CITY TREASURER 2.15.010 Authority for office. The office of the City Treasurer is created and established. The City Treasurer shall be appointed by the City Council wholly on the basis of administrative and executive ability and qualifications. The City Treasurer shall hold office for and during the pleasure of the City Council. 2.15.020 Compensation. The City Treasure shall receive such compensation and expense allowance as the City Council shall from time to time determine, and such compensation shall be a proper charge against such funds of the City as the City Council shall designate. 2.15.030 Functions. The City Treasurer shall perform such duties as are prescribed by Sections 41000 through 41007 of the California Government Code and by any other provisions of law applicable to deposit, investment and safekeeping of public funds of the City. 2.15.040 Bond. The City Treasure shall furnish a corporate surety bond in the amount of $100,000 from surety approved by the City Council for the faithful performance of the duties imposed upon the City Treasurer. The premium for such bonds shall be a proper charge against the City. Ords 90-02 26 Sections: 2.16.010 Office created 2.16.020 Compensation. 2.16.030 Functions. Chapter 2.16 CITY ATTORNEY 2.16.010 Office created. The office of the City Attorney is hereby established. It shall consist of the City Attorney and such assistants as may be authorized by the Council. The City Attorney shall administer the office and be responsible for the successful performance of its functions. The City Attorney shall serve under the direct supervision and control of the Council as its legal advisor. The Council may retain or employ other attorneys, assistants, or special counsel as may be needed to take charge of any litigation or legal matters or to assist the City Attorney therein. 2.16.020 Compensation. The City Attorney shall receive such compensation and expense allowance as the City Council shall from time to time determine, and such compensation shall be a proper charge against such finds of the City as the City Council shall designate. 2.16.030 Functions. The functions of the office of the City Attorney shall be to: (a) Advise the Council and all City officers in all matters of law pertaining to their offices; (b) Furnish legal service at all meetings of the Council, except when excused or disabled, and give advice or opinion on the legality of all matters under consideration by the Council or by any of the boards and commissions or officers of the City; Ords 90-02 27 (c) Prepare and/or approve all ordinances, resolutions, agreements, contracts and other legal instruments as shall be required for the proper conduct of the business of the City and approve the form of all contracts, agreements and bonds given to the city; and (d) Perform such other legal duties as may be required by the Council or as may be necessary to complete the performance of the foregoing functions. Ords 90-02 28 Sections: 2.20.010 2.20.020 2.20.030 2.20.040 2.20.050 2.20.060 2.20.070 2.20.080 2.20.090 2.20.100 2.20.110 2.20.120 2.20.180 2.20.200 2.20.210 2.20.220 Chapter 2.20 DISASTER REI,IEF General purposes. Definitions. Disaster corps. Disaster corps -- Activation. Disaster director. Disaster director -- Powers and duties. Office of disaster preparedness. Powers on succession. Orders by members of disaster corps. Line of succession for Council members. Emergency operating centers. Prohibit acts during emergencies. Proclamation of emergency -- Effective when -- Term. Proclamation of emergency -- Rules and regulations -- Powers of Disaster Director. Requisition of equipment or personnel. Penalty for violation. 2.20.010 General purposes. The purpose of this chapter is to provide for the preparation and carrying our of plans for the protection of persons and property within the City in the event of the emergency or disaster conditions hereinafter referred to; the direction of the disaster organization; and the coordination of the disaster functions of the City with the County and with all other public agencies, corporations, organizations, and affected private persons. 2.20.020 Definitions. As used in this chapter: (a) "State of war emergency" means the condition which exists immediately, with or without a proclamation thereof by the Governor, whenever this State or nation is attacked by an enemy of the United States, or upon receipt indicating that such an enemy attack is probable or imminent; Ords 90-02 29 (b) "State of emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the State caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake or other conditions, other than conditions resulting from a labor controversy or conditions causing a "state of war emergency," which conditions, by reason of magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single city, county or city and county and require combined forces of a mutual aid region or regions to combat; (c) "Local emergency" means the existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a city, county or city and county, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake or other conditions, other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat; (d) Other terms used herein shall have meanings as used in the California Emergency Services Act. 2.20.030 Disaster corps. The City disaster corps consists of all officers and employees of the City and its agencies, together with all volunteers and all groups, organizations and persons commandeered under the provisions of the California Emergency Services Act and this chapter, with all equipment and material publicly owned, volunteered, commandeered or in any way under the control of the aforementioned personnel, for the support of the aforementioned personnel in the conduct of disaster operations. The disaster corps shall be composed of such elements as are provided for in the disaster operations plan of the City. The officers of the City shall have the authority and duty to plan for mobilization, operation and support of that segment of the disaster corps for which each is responsible as provided for in the disaster operations plan of the City, and to conduct the activities thereof. 2.20.040 Disaster corps -- Activation. The City disaster corps shall be activated and shall function as a disaster relief body, only: (a) Upon the existence of a "state of war emergency"; (b) Upon the declaration by the Governor of the State, or of persons authorized to act in his stead, of a "state of emergency" affecting and including the City; (c) Upon the declaration of a "local emergency" by the Board of Supervisors of Riverside County, or by persons authorized to act in its stead, affecting and including the City; or Ords 90-02 30 (d) Upon the declaration of a "local emergency" by the City Council of the City, or by persons herein authorized to act in its stead. 2.20.050 Disaster director. The City Manager shall be the disaster director. In the City Manager's absence or inability to act the City Manager shall automatically be succeeded as disaster director by the officials and persons named for this purpose, and in the order specified, in the disaster operations plan of the City. 2.20.060 Disaster director -- Powers and duties The disaster director shall have the following powers and duties: (a) To make all appointments or delegate the making of the same, within the disaster corps; (b) To request the City Council to proclaim the existence of a "local emergency" if said Council is in session, or to issue such proclamation if said Council is not in session. Whenever a "local emergency" is proclaimed by the director, the City Council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect. The City Council shall review the necessity for continuing the "local emergency" no less frequently than every fourteen days until the emergency is terminated; (c) During the existence of a "state of war emergency", or the proclaimed existence of a "state of emergency" or a "local emergency" affecting the City, to: (1) Control and direct the activities of the City disaster corps; (2) Use all City resources for the preservation of life and property and to reduce the effects of disaster; (3) Resolve questions of authority and responsibility that may arise in disaster operations; (4) Obtain vital supplies, equipment and other resources needed for the preservation of life and property by either binding the City for the fair value thereof or by commandeering the same; (5) Delegate to elected and appointed officials of the City such duties and authorities as he deems necessary; (6) Make and issue rules and regulations on matters reasonable related to the protection of life and property as affected by any condition proclaimed an emergency as provided herein; Ords 90-02 31 (7) Exercise complete authority over the City and to exercise all police power vested in the City by the Constitution and general laws; and (8) Require performance of emergency services by any Duty officer or employee and to command the aid of as many citizens of the City as deemed necessary in the execution of the duties set forth in this chapter. (d) In addition to the powers granted herein, the director shall have such powers incidental to the performance of his or her duties as shall be necessary to allow the disaster operations plan of the City to be effectively carried out, it being the intent of this chapter that the enumerated powers herein are not limitations upon the director's powers. 2.20.070 Office of disaster preparedness. There is created the City Office of Disaster Preparedness, which shall consist of such positions as may be established by the City Manager. 2.20.080 Powers of succession. Each person who shall succeed to each position or office as provided herein, and as provided in the disaster operations plan of the City shall succeed to all the powers and duties of the office succeeded to immediately upon such succession. 2.20.090 Orders by members of disaster corps. During the existence of a Ustate of war emergency" or of a proclaimed "state of emergency" or "local emergency" affecting the City, each member of the City disaster corps shall have authority to require that all persons follow reasonable orders given by that member and within the scope of that member's functions, in order to execute the disaster operations plan of the City. The willful failure of any person to follow such reasonable order or orders is a misdemeanor. 2.20.100 l.ine of succession for Councilmembers. The line of succession for the position of Mayor during a state of emergency, war emergency, local emergency or other condition of disaster, unless otherwise ordered by the City Council, shall be Mayor pro tempore followed by the remaining City Council members in the order of their seniority, excluding standby successors who may have been appointed pursuant to Section 8638 of the California Government Code. 2.20.110 Emergency operating centers. Unless exigencies render the same impossible or unduly hazardous to safety, two emergency operating centers shall normally be maintained within the City; one of these at the City Hall, and the other at the police headquarters. 2.20.120 Prohibited acts during emergencies. It is a misdemeanor for any person during a state of emergency, war emergency, local emergency or other condition of disaster to: (a) Willfully obstruct, hinder or delay any member of the City disaster corps in the Ords 904)2 32 enforcement of any law or lawful rule, regulation or order issued pursuant to this chapter, or in the performance of any duty imposed upon such disaster corps member by virtue of this chapter; (b) Do any act forbidden by any lawful rule, regulation or order issued pursuant to this chapter if such is of such a nature as to give, or be likely to give assistance to the enemy, or to imperil life or property, or to prevent, hinder or delay the defense or protection of persons or property; or to prevent, hinder or delay the defense or protection of persons or property; or (c) Wear, carry or display, without authority, any means of identification specified by the emergency services of disaster or civil defense agencies of the federal or state governments. 2.20.180 Proclamation of emergency-- Determination--Authority Whenever riots, general civil disobedience, multiple law violations or the threat of the same occur in the City, the disaster director, or in the event of said director's inability to act, the chief of police, may determine that a local emergency exists. At such time the disaster director shall forthwith proclaim in writing the existence of a state of local emergency. The director shall cause such proclamation to be given widespread publicity and notice. 2.20.190 Proclamation of emergency -- When effective -- Term. The proclamation of local emergency provided herein shall become effective immediately upon its issuance and shall be disseminated to the public by appropriate news media. Such a state of local emergency shall exist from the time the proclamation of emergency is issued until such time as it is similarly and duly terminated by the disaster director, or by the action or inaction of the City Council as provided by Section 2.20.060(b). 2.20.200 Proclamation of emergency -- Rules and regulations -- Powers of Disaster Director. After the issuance of a proclamation of local emergency the disaster director shall have the power to make, issue and enforce rules and regulations on matters reasonably related to the protection of life and property as affected by said emergency; provided, however, such rules and regulations shall be confirmed as soon as practicable by the City Council. In addition to those powers and duties set forth in Section 2.20.060, the disaster director is granted, but shall not be limited to, the following powers: (a) CURFEW. The disaster director may order a general curfew applicable to the entire City or such geographical areas thereof as deemed necessary to protect the public health, safety, welfare and morals. As used herein "curfew" means a prohibition against any person or persons walking, running, loitering, standing, riding or motoring upon any alley, street, highway, public property or private property except as authorized by the owner, lessee or person in charge of such private property. Persons officially delegated to duty with reference to such Ords 90-02 33 civil emergency and representatives of news media, physicians, nurses, ambulance operators performing medical services, utility personnel maintaining essential public services, firemen and law enforcement officers and other such personnel as well as those specifically authorized by duly delegated authority are exempted from the foregoing curfew requirements; (b) BUSINESS CLOSING. The disaster director may order the closing of any business establishments anywhere within the City, such businesses to include but not be limited to those selling alcoholic beverages, gasoline or firearms; (c) ALCOHOLIC BEVERAGES. The disaster director may order that no person shall consume any alcoholic beverages in a public street or place which is publicly owned or in any other public or private area on which the consumption of such alcoholic beverages is found by the disaster director, on just cause, to precipitate a clear and present danger to the well-being of the community during the emergency; (d) WEAPONS. The disaster director may order that no persons shall carry or possess any gun, bomb, fire bomb, knife, rock or other such weapon or item, the use of which would tend to inflict great bodily harm on persons or damage to property; (e) STREET CLOSURES. The disaster director may designate any public street, thoroughfare or vehicular parking area closed to motor vehicles and pedestrian traffic during the course of such an emergency. The foregoing specific authorizations and other such authorizations as may be deemed necessary during such emergencies are declared to be imminently necessary for the protection of life and property during such period. 2.20.210 Requisition of equipment or personnel. Once a proclamation of emergency is issued, the disaster director may request from the Governor all necessary assistance, requisition necessary personnel or materials from any City department or other source, control and direct all City personnel and equipment, obtain vital supplies and such other properties found lacking and needed for the protection of life and property and bind the City for the fair value thereof, and if required, commandeer immediately such property, equipment and personnel necessary for the public use during the term of the emergency. All persons required by the disaster director to provide aid to the City pursuant to Section 2.20.060(c)(8) shall be entitled to all privileges, benefits and immunities provided by State or local law for registered civil defense and disaster worker volunteers. 2.20.220 Penalty for violation. Any person violating any provision of this chapter or executive order issued pursuant thereto is guilty of a misdemeanor. Ords 90-02 34 Chapter 2.50 ADMINISTRATIVE MANDAMUS: STATUTE OF IIMITATIONS Sections: 2.50.010 Administrative decisions -- Judicial review: Time limits. 2.50.020 Decisions affected. 2.50.010 Administrative decisions -- Judicial review: Time limits. The provisions of Section 1094.6 of the California Code of Civil Procedure are hereby adopted by the City Council, and said provisions are hereby make applicable in the City as further specified in Section 2.50.020 of this chapter. 2.50.020 Decisions affected. The provisions of this chapter shall be applicable to "decisions", as defined by Section 1094.6 of the California Code of Civil Procedure, that are final on and after January 1, 1990. Ords 90-02 35 Chapter 2.55 HOLIDAYS OBSERVED BY THE CITY Sections: 2.55.010 Holidays observed by the City. 2.55.010 Holidays observed by the City (a) Notwithstanding anything to the contrary contained within California Government Code Section 6700, the public offices of the City, excluding those offices which must remain open for the continuation of essential public services such as police and fire protection, shall be closed on Saturdays, Sundays and on the following, and only the following holidays: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) New Year's Day (January 1) Martin Luther King Day (Thirds Monday in February) Presidents Day (Third Monday in February) Memorial Day (Last Monday in May) Independence Day (July 4) Labor Day (First Monday in September) Veterans Day (November 11) Thanksgiving Day (Fourth Thursday in November) Friday following Thanksgiving Day Christmas Day (December 25) Co) Holidays falling on Sunday will be observed on the following Monday. Holidays falling on Saturday shall be observed on the preceding Friday. (c) Other holidays may be designated by resolution or ordinance of the City Council. (d) Notwithstanding the foregoing provisions of this section, The City Manager shall be authorized, by administrative regulation or otherwise, to direct that all or a portion of the public offices of the City shall rmnain open for business, on a full or reduced staff basis, on any of the days or holidays prescribed above, when it is determined to be necessary for the public interest to do so. Ords 90-02 36 Chapters: 3.08 3.10 3.12 3.13 3.16 3.18 3.20 3.22 3.25 Title 3 REVENUE AND FINANCE Investment of Moneys and Funds Collection of Debts to the City Purchases Informal Bidding Procedures Demands and Claims Transfer of Tax Functions Special Gas Tax Street Improvement Fund Real Property Documentary Transfer Tax Transient Occupancy Tax Chapter 3.08 INVESTMENT OF MONEYS AND FUNDS Sections: 3.08.010 3.08.020 3.08.030 3.08.040 3.08.050 3.08.060 3.08.070 Investment of City moneys and deposit of securities. Authorized investments. Sales of securities. City Bonds Reports Deposits of securities. Trust fund administration. 3.08.010 Investment of City moneys and deposit of securities. Pursuant to, in accordance with, and to the extent allowed by Sections 53607 and 53608 of the Government Code, the authority to invest and reinvest moneys of the City, to sell or exchange securities, and to deposit them and provide for their safekeeping, is delegated to the City Treasurer. 3.08.020 Authorized investments. Pursuant to the delegation of authority in Section 3.08.010, the City Treasurer is authorized to purchase, at their original sale or after they have been issued, securities which are permissible investments under any provision of State lay relating to the investing of general City funds, including but not limited to Sections 53601 and 53635 of the Government Code, as said sections now read or may hereafter be amended, from moneys in his or her custody which are not required for the immediate Ord8 90-02 37 necessities of the City and as he or she may deem wise and expedient, and to sell or exchange for other eligible securities and reinvest the proceeds of the securities so purchased. 3.08.030 Sales of securities. From time to time the City Treasurer shall sell the securities in which City moneys have been invested pursuant to this chapter, so that the proceeds may, as appropriate, be applied to the purchase for which the original purchase money may have been designated or placed in the City treasury. 3.08.040 City bonds. Bonds issued by the City and purchased pursuant to this chapter may be canceled either in satisfaction of sinking fund obligations or otherwise if proper or appropriate; provided, however, that said bonds may be held uncancelled and while so held may be resold. 3.98.050 Reports. The City Treasurer shall make a monthly report to the City Council of all investments made pursuant to the authority delegated in this chapter. 3.08.060 Deposits of securities. Pursuant to the delegation of authority in Section 3.08.010, the City Treasurer is authorized to deposit for safekeeping, the securities in which City moneys have been invested pursuant to this chapter, in any institution or depository authorized by the terms of any State law, including but not limited to Section 53608 of the Government Code as it now reads or may hereafter be amended. In accordance with said section, the City Treasurer shall take from such institution or depository a receipt for the securities so deposited and shall not be responsible for such securities delivered to and receipted for by such institution or depository until they are withdrawn therefrom by the City Treasurer. 3.08.070 Trust fund administration. Any departmental trust fund established by the City Council pursuant to Section 36523 of the Government Code shall be administered by the City Treasurer in accordance with Section 36523 of the Government Code and any other applicable provisions of law. Ords 90-02 38 Chapter 3.10 COLLECTION OF DEBTS TO THE CITY Sections: 3.10.010 Collection of Debts to the City 3.10.010 Collection of Debts to the City. The amount of any fee, service charge, utility charge, license, or tax of any nature whatsoever imposed by this Code or by any other resolution, ordinance, rule, regulation or in any other fashion by the City of Temecula shall be deemed a civil debt owing to the City. An action may be commenced in the name of the City in any court of competent jurisdiction for the collection of the amount of any such delinquent or unpaid fee, service charge, utility charge, license, or tax, together with any penalties applicable thereto as prescribed by this Code or any other enactment. Such action may also be commenced for the collection of any other amount or debt determined to be due the City on account of any contractual obligation or on account of any tortious act or conduct by any person. The remedy prescribed by this section shall be cumulative, and the use of a civil action to collect such an amount as a debt shall not bar the use of any other remedy provided by this Code or by law for the purpose of enforcing the provisions thereof. Ord~ 90-02 39 Chapter 3.12 PURCHASES Sections: 3.12.010 3.12.020 3.12.030 3.12.040 3.12.050 3.12.060 3.12.070 3.12.080 3.12.090 3.12.100 3.12.110 3.12.120 3.12.130 3.12.140 3.12.150 3.12.160 3.12.170 3.12.180 3.12.190 3.12.200 3.12.210 3.12.220 3.12.230 3.12.240 3.12.250 3.12.260 3.12.270 3.12.280 3.12.290 3.12.300 3.12.310 3.12.320 3.12.330 Adoption of purchasing system. Scope of chapter. Centralized purchasing Purchasing agent. Purchasing regulations. Exemptions from centralized purchasing Estimates of requirements. Requisitions. Purchase orders. Encumbrance of funds. Inspection and testing. Bidding Formal (sealed) bid procedure. Notice inviting formal bids. Published notice for formal bids. Approved vendors list. Bulletin board notice.. Bidder's security. Other formal bond requirements. Formal bid opening procedure. Rejection of formal bids. Award of formal bid contract. Tie formal bids. No formal bids. Open market or informal bid procedure. Minimum number of informal bids. Notice inviting informal bids. Record of informal bids. Exceptions to competitive bidding requirement. Regulations regarding section of contract services. Surplus supplies and equipment Surplus supplies -- Trade ins. Surplus supplies -- Sale. 3.12.010 Adoption of purchasing system. In order to establish efficient procedures for the purchase of supplies and equipment at the lowest possible cost Ords 90-02 40 commensurate with quality needs, to exercise positive financial control over purchases, to clearly define authority for the purchasing function;, and to assure the quality of purchases, a purchasing system is adopted. 3.12.020 Scope of Chapter. The procedures established by this chapter shall apply only to the purchase of supplies, equipment and services, and shall not apply to public projects as defined in Section 20161 of the California Public Contracts Code. 3.12.030 Centralized purchasing division. There is created a centralized purchasing division in which is vested authority for the purchase of supplies and equipment. 3.12.040 Purchasing agent. There is created the position of purchasing agent, who may also be known as the purchasing officer. The purchasing agent shall be the head and have general supervision of the purchasing division. The duties of purchasing agent may be combined with those of any other office or position. The purchasing agent shall have the authority to: (a) Purchase or contract for supplies and equipment required by any using agency in accordance with purchasing procedures prescribed by this chapter, such administrative regulations as the purchasing agent shall adopt for the internal management and operation of the purchasing division and such other rules and regulations as shall be prescribed by the City Council or the City Manager; (b) Negotiate and recommend execution of contracts for the purchase of supplies and equipment; (c) Act to procure for the City the needed quality in supplies and equipment at least expense to the City; (d) Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases; (e) Prepare and recommend to the City Council rules governing the purchase of supplies and equipment for the City; (f) Prepare and recommend revisions and amendments to the purchasing rules; (g) Keep informed of current developments in the field of purchasing, prices, market conditions and new products; (h) Prescribe and maintain such forms as are reasonably necessary for the operation of this chapter and other rules and regulations: (i) Supervise the inspection of all supplies and equipment purchased to insure Ords 90-.02 41 conformance with specifications; (j) Recommend the transfer of surplus or unused supplies and equipment between departments as needed; (k) Maintain an approved vendors list, vendors' catalog file and records needed for the efficient operation of the purchasing division. 3.12.050 Purchasing regulations. The purchasing agent shall be responsible for determining that the regulations and procedures in Sections 3.12.060 through 3.12.120 are carded out. 3.12.060 Exemptions from centralized purchasing. The City Manager may authorize, in writing, any department to purchase specified supplies and equipment independent of the purchasing agent; provided, however, that the City Manager shall require that such purchases be made in conformity with the procedures established by this chapter and shall further require periodic reports from the department on the purchases made under such written authorization. 3.12.070 Estimates or requirements. All using departments shall file detailed estimates of their requirements in supplies and equipment is such manner, at such time, and for such future periods as the purchasing agent shall prescribe. 3.12.080 Requisitions. Using departments shall submit requests for supplies and equipment to the purchasing agent by standard requisition form, or by other means as may be established by the purchasing rules and regulations. 3.12.090 Purchase orders. Purchases of supplies and equipment shall be made only by purchase orders. Except as otherwise provided herein, no purchase order shall be issued unless the prior approval of the purchasing agent or his designated representative has been obtained. 3.12.100 Encumbrance of funds. Except in cases of emergency, the purchasing agent shall not issue any purchase order for supplies or equipment unless there exists an unencumbered appropriation in the fund account against which said purchase is to be charged. 3.12.110 Inspection and testing. The purchasing agent shall, in his or her discretion, inspect supplies and equipment delivered to determine their conformance with the specifications set forth in the order. The purchasing agent shall have authority to require chemical and physical tests which are necessary to determine their quality and conformance with specifications. 3.12.120 Bidding. Purchases of supplies and equipment shall be by bid procedures Ords 90-02 42 pursuant to Sections 3.12.130 through 3.12.280. Bidding may be dispensed with only under conditions stated in Section 3.12.290. 3.12.130 Formal (sealed) bid procedures. Except as otherwise provided herein, purchases of supplies and equipment of an estimated value greater than Ten Thousand Dollars ($10,000.00) shall be awarded to the lowest responsible bidder pursuant to the formal bid procedure hereinafter prescribed. 3.12.140 Notice inviting formal bids. Notices inviting formal bids shall include a general description of the article or service desired, shall state where bid documents and specifications may be secures, and the time and place for opening bids. 3.12.150 Published notice for formal bids. Notices inviting formal bids shall be published at least ten days prior to the date of opening of the bids. Notices shall be published at least once for non-public projects and at least twice, not less than five days apart for public projects, in a newspaper of general circulation in the City. 3.12.160 Approved vendors list. The purchasing agent shall also solicit formal sealed bids from responsible suppliers whose names are on the approved vendors list, or who have made written request that their names be added thereto. 3.12.170 Bulletin board notice. The purchasing agent shall also solicit formal sealed bids from responsible suppliers whose names are on the approved vendors list, or who have made written request that their names be added thereto. 3.12.180 Bidder's security. Where deemed necessary by the purchasing agent, formal bids shall be accompanied by security, either cash, cashier's check, certified check or surety bond, in a sum equal to ten percent of the total aggregate of the bid, shall be designated in the notice inviting bids. Bidders shall be entitled to the return of bid security; provided, however, that a successful bidder shall forfeit the bid security upon his or her refusal or failure to execute the contract within ten days after the notice of award of contract has been mailed, unless the City is solely responsible for the delay or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder who is willing to execute the contract, or may reject all bids and readvertise. 3.12.190 Other formal bond requirements. A faithful performance bond and labor and material bond shall be required for all public projects, unless waived by the City Council, in an amount reasonably necessary to protect the best interests of the City. In addition, the City Council shall have authority to require a faithful performance bond or other bonds before entering into a contract other than a public project contract. If bonds are required, the form and amount thereof shall be designated in the notice inviting bids. Ords 90-02 43 3.12.200 Formal bid opening procedure. Sealed bids shall be submitted to the purchasing agent and shall be identified as "bids" on the envelope. The purchasing officer, or designee, shall publicly open all bids at the time and place stated in the public notices. A tabulation of all bids received shall be available for public inspection in the purchasing office during regular business hours for a period of not less than thirty calendar days after the bid opening. 3.12.210 Rejection of formal bids. In its discretion, the City Council may reject any and all bids presented and may cause readvertising for bids pursuant to the procedure hereinabove prescribed. However, when all bids exceed the authorized budgeted amount, the City Manager may authorize rejection of all bids and authorize rebidding based upon the original specifications or as they may be modified, in accordance with procedures prescribed herein. 3.12.220 Award of formal bid contracts. Except as otherwise provided herein, formal bid contracts shall be awarded by the City Council to the lowest responsible bidder. The determination of 'lowest responsible bidder" shall be at the discretion of the City Council pursuant to findings and recommendations presented by the purchasing agent at the time of award of contract. 3.12.230 Tie formal bids. If two or more formal bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay or readvertising for bids, the City Council may in its discretion accept the one it chooses or accept the lowest bid made by and after negotiation with the tie bidders at the time of the bid opening or award of contract. 3.12.240 No formal bids. When no formal bids or no responsive bids are received, the purchasing officer is authorized to negotiate for written proposals, and his or her recommendation shall be presented to the City Manager and the award, if any, shall be made in accordance with applicable provisions prescribed herein. 3.12.250 Open market or informal bid procedure. Purchases of supplies and equipment of an estimated value in the amount of Ten Thousand Dollars ($10,000.00) or less may be make by the purchasing agent in the open market pursuant to the procedure prescribed in Sections 3.12.260 through 3.12.280 and without observing the procedure prescribed in Sections 3.12.130 through 3.12.240; provided, however, all bidding may be dispensed with for purchases of supplies and equipment having a total estimated value of less than One Thousand Dollars ($1,000.00). Ords 90-02 44 3.12.260 Minimum number of informal bids. Open market purchases shall, wherever possible, be based on at least three informal bids, and shall be awarded to the bidder offering the most advantageous bid to the City after consideration of price, quality, durability servicing, delivery time, standardization, and other factors. 3.12.270 Notice inviting informal bids. The purchasing agent shall solicit informal bids by written requests to prospective vendors, or by written request to prospective vendors, or by telephone, or by public notice posted on a public bulletin board at the City offices. 3.12.280 Record of informal bids. The purchasing agent shall keep a written record of all open market purchases and informal bids for a period of two years This record, while so kept, shall be open to public inspection. 3.12.290 Exceptions to competitive bidding requirement. Notwithstanding any provision of this chapter to the contrary, the competitive bidding procedures and requirements may be dispensed with in any of the following instances: (a) When the estimated amount involved is less than One Thousand Dollars ($1,000.00); (b) When the commodity can be obtained from only one vendor; (c) The City Manager may authorize the purchase of materials, supplies, equipment and services where an emergency is deemed to exist and it is determined that service involving the public health, safety or welfare would be interrupted if the normal procedure were followed. All emergency purchases which would otherwise require formal bidding procedures made pursuant to this Section shall be submitted to the City Council for ratification at the next regular Council meeting after the purchase is authorized; (d) Contracts for personal services, for professional and consultant services, and for other, non-public projects and contractual services may be executed without observing the bidding procedures provided herein. The City Manager is authorized to enter into such contracts where the amount of the contract does not exceed Ten Thousand Dollars ($10,000.00); provided there exists an unencumbered appropriation in the fund account against which said expense is to be charged. Where the amount of the contract exceeds Ten Thousand Dollars ($10,000.00) the contract shall be approved by the City Council; (e) Any agreement involving acquisition of supplies, equipment or service entered into with another governmental entity. Ords 90-02 45 3.12.300 Regulations regarding selection of contract services. The City Council shall, by resolution, prescribe procedures, rules and regulations governing the solicitation, selection and award of proposals or bids for the furnishing of personal services or professional or consulting services or for other contractual services, the contracts for which may be awarded without observing the bidding producers provided for in this chapter, Such procedures, rules and regulations shall have as one purpose the obtaining of contractual services of the highest quality together with cost-effectiveness. 3.12.310 Surplus supplies and equipment All using departments shall submit to the purchasing agent, at such times and is such forms as he shall prescribe, reports showing all supplies and equipment which are no longer used or which have become obsolete and worn out. 3.12.320 Surplus supplies -- Trade-ins The purchasing agent shall have authority to exchange for or trade in on new supplies and equipment all supplies and equipment which cannot be used by any department or which have become unsuitable for City use. 3.12.330 Surplus supplies -- Sale The purchasing agent shall have authority, subject to approval of the City Manager, to dispose of surplus supplies or equipment by auction or by sale or otherwise after receiving bids or proposals which, in his or her judgement, provide the maximum return to the City. Ords 90-02 46 Chapter 3.13 INFORMAL BIDDING PROCEDURES Sections: 3.13.010 3.13.020 3.13.030 3.13.040 3.13.050 3.13.060 Construction on public projects. List of qualified contractor. Notice inviting informal bids. Contents of notice. Delegation of authority to award informal contracts. Scope of Chapter 3.13.010 Construction on public projects. The provisions of this chapter shall apply to construction on public projects of not more than Seventy-Five Thousand Dollars ($75,000.00). Public projects of Twenty-Five Thousand Dollars ($25,000.00) or less may be performed by City employees by force account, by negotiated contract of by purchase order. Public projects of Seventy-Five Thousand Dollars ($75,000.00) or less may be let to contract by informal procedures as set forth in this chapter° 3.13.020 List of qualified contractors. The City Manager, or the City Manager's designee, shall maintain a list of qualified contractors identified according to categories of work. Such list shall comply with the minimum criteria for development and maintenance of such list, as determined from time to time by the California Uniform Construction Cost Accounting Commission ("Commission"). 3.13.030 Notice inviting informal bids. Where a public project is to be performed which is subject to the provisions of this Chapter, a notice inviting informal bids shall be mailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with Section 3.13.020, and to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be noticed at the discretion of the department soliciting bids; provided however: (a) If there is no list of qualified contractors maintained by the City for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the Commission. (b) If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors. Ords 9002 47 3.13.040 Contents of notice. The notice inviting informal bids shall describe the project in general term, state how to obtain more detailed information about the project, and state the time and place for the submission of bids. 3.13.050 Delegation of authority to award informal contracts. The City Council may delegate the authority to award informal contracts to the City Manager of other appropriate person, by separate action of the City Council. Ords 90-02 48 Sections: 3.16.010 3.16.020 3.16.030 3.16.040 3.16.050 3.16.060 3.16.070 3.16.080 3.16.090 Chapter 3.16 DEMANDS AND CLAIMS Claims for money or damages. Auditing prerequisite to payment. Forms -- Blanks for demands. Departmental approval of claims. Approval by City Manager. Prepayment of demands. Register of demands. City Council approval. Record of approved demands. 3.16.010 Claims for money or damages. As a prerequisite to bringing suit thereon against the City or any officer, employee, departments, commission or board of the City, any claim for money or damages, including claims which would otherwise be excepted by Section 905 of the Government Code of California, which is not governed by any other statute or regulation expressly relating thereto, shall be presented and acted upon in accordance with Title 1, Division 3.6, Part 3, Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910), of the California Government Code. This section shall relate only to the bringing of suit upon any claim, and shall not be deemed to apply to the authority of the Director of Finance and general services, the City Council, and other City officers to process and pay, in the ordinary course of business, the just obligations of the City, such as routine salaries and wages, principal and interest on bonds, payments for purchases, and other like expenditures for which there is an express budget appropriation, and in connection with which there is no dispute as to the obligation and amount being payable. 3.16.020 Auditing prerequisite to payment. No payment shall be made from the City treasury or out of the funds of the City unless the demand which is to be paid is duly audited as prescribed herein or by other provisions of law. 3.16.030 Forms -- Blanks for demands. Claims against the City shall be paid on demands on the treasury as herein provided on forms to be prescribed by the City Manager. Ords 90-02 49 3.16.040 Departmental approval of claims. Except for tort claims, every claim and demand received against the City shall be first presented to and approved in writing by the receiving department or office, which shall certify to the actual delivery or rendition of the supplies, materials, property or service for which payment is claimed. The receiving department or office shall also certify that the quality and prices correspond with the original specifications and contracts, if any, upon which the claim is based, that the demand in all other respects is proper and valid, and shall indicate the budgetary account to which said demand is to be charged. 3.16.050 Approval bv City Manager. Each demand approved by the receiving department or office shall determine be presented to the City Manager, who shall determine whether: (a) The claim is legally due and owing by the City; Co) There are budgeted or otherwise appropriated funds available to pay said claim; (c) The claim conforms to a valid requisition or order; (d) The prices and computations shown on the claim are verified; (e) The claim contains the approval of other departments and officials as required. 3.16.060 Prepayment of demands. (a) Prepayment of demands prior to audit by the City Council may be made by the City Manager in conformance with the authority provided by Section 37208 of the California Government Code. (b) Whenever the City Manager determines that a refund of fees, taxes or other receipts collected in error or in advance of being earned, or of money the refund of which is otherwise required pursuant to specific provisions of this Code or of any other ordinance of this City is due, then any such refund shall be deemed as conforming to the currently approved budget, and may be prepaid in the same fashion as other demands encompassed within the terms of sub section (a) of this section. Ords 90-02 50 3.16.070 Register of demands. Following audit of demands, the City Manager shall prepare a register of audited demands showing the claimant's name, amount of demand, the warrant number and date thereof, and transmit said register to the City Council, with a recommendation of approval or other report. 3.16.080 City Council approval. The register of demands shall be presented to the City Council at the next meeting thereof. The City Council may by resolution approve, conditionally or partially approve or reject such register of demands. 3.16.090 Record of approved demands. Following approval of the register of demands by the City Council, the Mayor and the City Manager shall endorse the register of audited demands to signify that the demands therein were properly processed prior to any action taken by the City Council. Orda 90-02 51 Chapter 3.18 TRANSFER OF TAX FUNCTIONS Sections: 3.18.010 Assessment and collection of city taxes by County. 3.18.010 Assessment and collection of City taxes by County. Pursuant to, and in compliance with Section 51501 of the California Government Code, and except as collection duties which otherwise might be performed by a City assessor and tax collector are transferred to the Assessor and Tax Collector of the County of Riverside. Ords 90-02 52 Sections: Chapter 3.20 SPECIAI, GAS TAX STREET IMPROVEMENT FUND 3.20.010 Created. 3.20.020 Moneys included. 3.20.030 Expenditures. 3.20.010 Created. To comply with the provisions of Section 2113 of the California Streets and Highways Code, and to avail the City of the benefits of Sections 2106 and 2107 of said Code, there is hereby created in the City treasury a special fund to be known as the "Special Gas Tax Street Improvement Fund." 3.20.020 Moneys included. All moneys received by the City from the State of California under the provisions of the Streets and Highways Code for the acquisition of real property or interests therein, for engineering, or for the construction, maintenance and improvement of streets or highways by the City shall be paid into said fund. 3.20.030 Expenditures. All moneys in said fund shall be expended exclusively for the purposes authorized by and subject to the provisions of the California Streets and Highways Code. Ords 90-02 53 Sections: 3.22.010 3.22.020 3.22.030 3.22.040 3.22.050 3.22.060 3.22.070 3.22.080 3.22.090 3.22.100 Chapter 3.22 REAl, PROPERTY DOCUMENTARY TRANSFER TAX Short title -- Adoption. Imposition -- Rates. Payment. Tax inapplicable to instruments in writing to secure debts. Government and its agencies not liable. Tax inapplicable to conveyances to make effective plan of reorganization or adjustment. Tax inapplicable to make effective order of Securities and Exchange Commission. Partnership. Administration. Claims for refund. 3.22.010 Short title -- Adoption. This chapter shall be known as the "Temecula Real Property Transfer Tax". This chapter is adopted pursuant to the authority contained in Part 6.7 (commencing with Section 11901) of Division 2 of the California Revenue and Taxation Code. 3.22.020 Imposition -- Rates. There is imposed on each deed, instrument or writing by which any lands, tenements, or other realty sold within the City shall be granted, assigned, transferred or otherwise conveyed to, or vested in, the purchaser or purchasers, or any other person or persons by his or their direction, when the consideration or value of the interest or property conveyed (exclusive of the value of any lien or encumbrances remaining thereon at the time of sale) exceeds One Hundred Dollars ($100.00), a tax at the rate of twenty-seven and one-half cents ($.27)( for each Five Hundred Dollars ($500.00) of consideration or value or fractional part thereof. 3.22.030 Payment. Any tax imposed pursuant to Section 3.22.020 shall be paid by any person who makes, signs or issues any document or instrument subject to the tax, or for whose use or benefit the same is made, signed or issued. 3.22.040 Tax inapplicable to instruments in writing to secure debts. Any tax imposed pursuant to this chapter shall not apply to any instrument in writing given to secure a debt. Ords 90-02 54 3.22.050 Government and its agencies not liable. The United States or any agency or instrumentality thereof, any State or territory, or political subdivision thereof, or the District of Columbia shall not be liable for any tax imposed pursuant to this chapter with respect to any deed, instrument or writing to which it is a party, but the tax may be collected by assessment from any other party liable therefor. 3.22.060 Tax inapplicable to conveyance to make effective plan of reorganization or adjustment. Any tax imposed pursuant to this chapter shall not apply to the making, delivering or filing of conveyances to make effective any plan of reorganization or adjustment: (a) Confirmed under the Federal Bankruptcy Act, as amended; (b) Approved in an equity receivership proceeding in a court involving a railroad corporation, as defined in Title 11 of the United States Code, as amended; or (c) Approved in an equity receivership proceeding in a court involving a corporation as defined in Title 11 of the United States Code, as amended; or (d) Whereby a mere change in identity, form or place of organization is effected. Subdivision (a) to (d), inclusive, of this section shall apply only if the making, delivery or filing of instruments of transfer or conveyances occurs within five years from the date of such confirmation, approval or change. 3.22.070 Tax inapplicable to make effective order of Securities and Exchange Commission. Any tax imposed pursuant to this chapter shall not apply to the making or delivery of conveyances to make effective any order of the Securities and Exchange Commission, as defined in subdivision a. of Section 1083 of the Internal Revenue Code of 1954; but only if: (a) The order of the Securities and Exchange Commission in obedience to which such conveyance is make recites that such conveyance is necessary or appropriate to effectuate the provisions of Section 79k of Title 15 of the United States Code, relating to the Public Utility Holding Company Act of 1935; (b) Such order specifies the property which is ordered to be conveyed; (c) Such conveyance is make in obedience to such order. Ords 90-02 55 3.22.080 Partnerships. (a) In the case of any realty held by a partnership, no levy shall be imposed pursuant to this chapter by reason of any transfer of an interest in a partnership or otherwise, if: (1) Such partnership (or another partnership) is considered a continuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1954; and (2) Such continuing partnership continues to hold the realty concerned. (b) If there is a termination of any partnership within the meaning of Section 708 of the Internal Revenue Code of 1954, for purposes of this chapter, such partnership shall be treated as having executed an instrument whereby there was conveyed, for fair market value (exclusive of the value of any lien of encumbrances remaining thereon), all realty held by such partnership at the time of such termination. (c) Not more than one tax shall be imposed pursuant to this chapter by reason of a termination described in subdivision (b), and any transfer pursuant thereto with respect to the realty held by such partnership at the time of the such termination. 3.22.090 Administration. The County Recorder shall administer this chapter in conformity with the provisions of Part 6.7 of Division 2 of the California Revenue and Taxation Code and the provision of any County ordinance adopted pursuant thereto. 3.22.100 Claims for refund. Claims for refund of taxed imposed pursuant to this chapter shall be governed by the provisions of Chapter 5 (commencing with Section 5096 of Part 9 of Division 1) of the California Revenue and Taxation Code. Ords 90-02 56 3.25.010 3.25.020 3.25.030 3.25.040 3.25.050 3.25.060 3.25.070 3.25.080 3.25.090 3.25.100 3.25.110 3.25.120 3.25.130 3.25.140 Chapter 3.25 TRANSIENT OCCUPANCY TAX Short title. Definitions. Rate. Exemptions Operator's duties. Registration. Reporting and remitting. Penalties and interest. Failure to collect and report. Appeal. Records. Refunds. Actions to collect. Violations designated misdemeanor. 3.25.010 Short title. This chapter shall be known as the "Temecula Uniform Transient Occupancy Tax". 3.25.020 Definition. Except where the context otherwise requires, the definitions given in this section govern the construction of this chapter. (a) "Person" means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver trustee, syndicate, or an)' other group or combination acting as a unit. (b) "Hotel" means any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes, but is not limited to, any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure of portion thereof, duplex, triplex, single-family dwelling units except any private dwelling house or other individually-owned single-family dwelling rented only infrequently and incidental to normal occupancy or any timeshare as set out in California Revenue and Taxation Code Section; 7280; provided that the burden of establishing that the facility is not a hotel shall be on the owner or operator thereof. Ords 90-02 57 (c) "Occupancy" means the use or possession or t he fight to the use or possession of any room or rooms or portion thereof, offered for rent for dwelling, lodging or sleeping purposes. (d) "Transient" means any person who occupies or is entitled to occupy by reason of concession, permit, fight of access, license or other agreement for a period of thirty consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel is a transient until the period of thirty days has expired unless them is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. In determining whether a person is a transient, an uninterrupted period of time extending both prior and subsequent to the effective date of this chapter may be considered. (e) "Rent" means the consideration charged, whether or not received, for the occupancy of space in a hotel valued in money, whether received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever. (f) "Operator" means the person who is proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or any other capacity. Where the operator performs his or her functions through a managing agent of any type or character other than an employee, the managing agent also is an operator for the purposes of this chapter and has the same duties and liabilities as his or her principal. Compliance with the provisions of this chapter by either the principal or the managing agent is, however, considered to be compliance by both. (g) "Tax administrator" means the City Manager. 3.25.030 Rate. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of 8 % of the rent charged by the operator. This tax constitutes a debt owed by the transient to the City which is extinguished only by payment to the operator of the hotel at the time the rent is paid. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If, for any reason, the tax due is not paid to the operator of the hotel, the tax administrator may require that such tax be paid directly to the tax administrator. Ords 90-02 58 3.25.040 Exemptions No tax shall be imposed upon any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty. No exemption shall be granted except upon written claim therefor made under penalty of perjury at the time the rent is paid, upon a form prescribed by the Tax Collector. Federal, State and local officers and employees are not exempt. 3.25.050 Operator's duties. Each operator shall collect the tax imposed by this chapter to the same extent and at the same time as the rent is collected from every transient. The amount of tax shall be separately stated from the amount of the rent charged, and each transient shall receive a receipt for payment from the operator. No operator of a hotel shall advertise or state in any manner, whether directly of indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, if added, any part will be refunded except in the manner hereinafter provided. 3.25.060 Registration. Within thirty days after commencing business, each operator of any hotel renting to transients must register the hotel with the tax administrator and obtain from him or her a "Transient Occupancy Registration Certificate" to be posted at all times in a conspicuous place on the premises. This Certificate shall state, among other things, the following: (a) The name of the operator; (b) The address of the hotel; (c) The date upon which the Certificate was issued; and (d) "This Transient Occupancy Registration Certificate signifies that the person named on the face hereof has fulfilled the requirements of the Uniform Transient Occupancy Tax by registering with the tax administrator for the purpose of collecting from transients the Transient Occupancy Tax and remitting said tax to the tax administrator. This Certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner, nor to operate a hotel without strictly complying with all applicable laws. including but not limited to those requiring a permit from any board, commission, department or office of this City, This certificate does not constitute a permit." Ords 90-02 59 3.25.070 Reporting and Remitting. Each operator shall, on or before the last day of the month following the close of each calendar quarter, make a return to the tax administrator, on forms provided by the tax administrator, of the total rents charged and received and the amount of tax collected for transient occupancies during the preceding month. At the time the return is filed, the full amount of the tax collected shall be remitted to the tax administrator. The tax administrator may establish shorter reporting periods for any certificate holder if it is deemed necessary to ensure collection of the tax, and may require further information in the return. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by operators pursuant to this chapter are held in trust for the account of the City until payment thereof is made to the tax administrator. 3.25.080 Penalties and Interest. (a) Original Delinquency. Any operator who fails to remit any tax imposed by this chapter within the time required shall pay a penalty of ten percent (10 %) of the amount of the tax in addition to the amount of the tax. Co) Continued Delinquency. Any operator who fails to remit any delinquent remittance on or before the first day of the next calendar month following the date on which the remittance first became delinquent shall pay a second delinquency penalty of ten percent (10%) of the tax in addition to the amount of the tax and the ten percent (10%) penalty first imposed. (c) Fraud. If the tax administrator determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty of twenty-five percent (25 %) of the amount of the tax shall be added thereto in addition to the penalties stated in subsections (a) and Co). (d) Interest. In addition to the penalties imposed, any operator who fails to remit any tax imposed by this chapter shall pay interest at the rate of one-half of one percent (.5%) per month or fraction thereof on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid. (e) Penalties Merged with Tax. Every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the tax herein required to be paid. Ords 90-02 60 3.25.090 Failure to collect and report. If any operator fails or refuses to collect the tax and to make, within the time provided in this chapter, any report and remittance of the tax or any portion thereof required by this chapter, the tax administrator shall proceed in such manner as he or she deems best to obtain facts and information on which to base an estimate of the tax due. As soon as the tax administrator procures such facts and information as he or she is able to obtain upon which to base the assessment of any tax imposed by this chapter and payable by any operator who has failed or refused to collect the same and to make such report and remittance, the tax administrator shall proceed to determine and assess against such operator the tax, interest and penalties provided for by this chapter. In case such determination is made, the tax administrator shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the operator so assessed at his last known place of business. Such operator may within ten days after the serving or mailing of such notice make application in writing to the tax administrator for a hearing on the amount assessed. If application by the operator for a hearing is not made within the time prescribed, the tax, interest and penalties, if any, determined by the tax administrator shall become final and mined by the tax administrator shall become final and conclusive and immediately due and payable. If such application is made, the tax administrator shall give not less than five days' written notice in the manner prescribed herein to the operator to show cause at a time and place fixed in the notice why the amount specified therein should not be fixed for such tax, interest and penalties. At such heating, the operator may appear and offer evidence why such specified tax, interest and penalties should not be so fixed. After such heating the tax administrator shall determine the proper tax to be remitted and thereafter give written notice to the person in the manner prescribed herein of such determination and the amount of such tax, interest and penalties. The amount determined to be due shall be payable after fifteen days unless an appeal is taken as provided in Section 3.25.100. 3.25.100 Appeal. Any operator aggrieved by any decision of the tax administrator with respect to the amount of such tax, interest and penalties, if any, may appeal to the City Council by filing a notice of appeal with the City Clerk within fifteen days of the serving or mailing of the determination of tax due. The City Council shall fix a time and place for hearing such appeal, and the City Clerk shall give notice in writing to such operator at his last known place of business. The findings of the City Council are final and conclusive and shall be served upon the appellant in the manner prescribed above for service of notice of hearing. Any amount found to be due is immediately due and payable upon the service of notice. Orda 90-02 61 3.25.110 Records. It is the duty of every operator liable for the collection and payment to the City of any tax imposed by this chapter to keep and preserve, for a period of three years, all records as may be necessary to determine the amount of such tax for which said operator may be or may have been liable. The tax administrator shall have the right to inspect all such records at all reasonable times. All tax returns and information furnished by any operator pursuant to this Chapter shall be confidential and shall not be open to public inspection nor the specific contents thereof disclosed by any officer of employee except as necessary in the performance of official duty pursuant to this Chapter, or in the course of any proceeding, hearing or litigation involving the existence of amount of the tax liability of such operator or with the written consent of the operator or his authorized representative. 3.25.120 Refunds. (a) Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the City under this chapter it may be refunded as provided in subsections (b) and © provided a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the tax administrator within three years of the date of payment. The claim shall be on forms furnished by the tax administrator. (b) An operator may claim a refund or take as credit against taxes collected and remitted the amount overpaid, paid more than once;, or erroneously or illegally collected or received when it is established in a manner prescribed by the tax administrator that the person from whom the tax has been collected was not a transient; provided, however, that neither a refund nor a credit is allowed unless the amount of the tax so collected has either been refunded to the transient or credited to rent subsequently payable by the transient to the operator. (c) A transient may obtain a refund of taxes overpaid or paid more than once or erroneously or illegally collected or received by the City by filing a claim in the manner provided in subsection A, but only when the tax was paid by the transient directly to the tax administrator, or when transient, having paid the tax to the operator, established to the satisfaction of the tax administrator that the transient has been unable to obtain a refund from the operator who collected the tax. (d) No refund shall be paid under the provisions of this section unless the claimant establishes his right thereto by; written records showing entitlement thereto. Ords 90-02 62 3.25.130 Actions to collect. Any tax required to be paid by any transient under the provisions of this chapter shall be deemed a debt owed by the transient to the City. Any such tax collected by an operator which has not been paid to the City shall be deemed a debt owed by the operator to the City. Any person owing money to the City under the provisions of this chapter is liable to an action brought in the name of the City for the recovery of such amount. 3.25.140 Violations designated misdemeanor. Any operator or other person who fails or refuses to register as required herein, or to furnish any return required to be made, or who fails or refuses to furnish a supplemental return or other data required by the tax administrator, or who renders a false or fraudulent return or claim, is guilty of a misdemeanor. Any person required to make, render, sign or verify any report or claim, who makes any false or fraudulent report or claim with intent to defeat or evade the determination of any amount due required by this chapter guilty of a misdemeanor. SECTION 2. Repeal of Prior Ordinances. Ordinance Nos. 89-2, 89-3, 89-6, 89-7, 89-8, 89-9, 89-11 and 89-12 of the City of Temecula are hereby repealed. SECTION 3. Certification. The City Clerk shall certify the adoption of this ordinance and shall cause the same to be posted. SECTION 4. SEVERABILITY. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. PASSED, APPROVED AND ADOPTED this 13th day of February, 1990. ATTEST: Ronald J. Parks, Mayor F. D. Aleshire, City Clerk Ords 90-02 63 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) SS I, F. D. Aleshire, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 90-02 was duly introduced and place upon its first reading at a regular meeting of the City Council on the 17th day of January, 1990, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 13th day of February, 1990, by the following vote. AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Munoz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Frank D. Aleshire, City Clerk Ords 90-02 64