CHAPTER 2:  ADMINISTRATION
ARTICLE I.  LEGISLATIVE BODIES
DIVISION 1.  CITY COUNCIL
   2-1.   Meetings; rules of procedure
   2-1.1.   Establishment of city council committees
   2-2.   Declaration of purpose regarding district elections
   2-2.5.   City council districts established
   2-3.   Election of members of the city council by district
   2-3.5.   Commencement of district elections
   App. A   City of Oxnard 2018 districting map 635
DIVISION 2.  COMMUNITY DEVELOPMENT COMMISSION
   2-5.   Established
DIVISION 3.  HOUSING AUTHORITY
   2-10.   Established
DIVISION 4.  REDEVELOPMENT AGENCY
   2-15.   Established
ARTICLE II.  COMMISSIONS/COMMITTEES
DIVISION 1.  GENERAL PROVISIONS
[Reserved]
DIVISION 2.  CITIZEN ADVISORY GROUPS; GENERAL
   2-30.   Application
   2-31.   Meeting locations
   2-32.   Notice of meetings; minutes
   2-33.   Resignation by absences
   2-34.   Removal of a member
   2-35.   Coordination between city council and citizen advisory groups
   2-36.   Appointment; terms; vacancy
   2-37.   Background checks
   2-38.   Eligibility
   2-39.   Rules of procedure; quorum
   2-40.   Audio recorded proceedings
   2-41.   Secretary
DIVISION 3.  SENIOR SERVICES COMMISSION
   2-45.   Established; qualifications
   2-46.   Powers and duties
DIVISION 4.  COMMUNITY RELATIONS COMMISSION
   2-55.   Established; qualifications
   2-56.   Powers and duties
DIVISION 5.  LIBRARY BOARD
   2-65.   Public library established
   2-66.   Established; qualifications
   2-67.   Powers and duties
DIVISION 6.  PARKS AND RECREATION AND COMMUNITY SERVICES COMMISSION
   2-80.   Established; qualifications
   2-81.   Powers and duties
DIVISION 7.  PLANNING COMMISSION
   2-95.   Duties
   2-96.   Composition
   2-97.   Finances
   2-98.   Televised proceedings
DIVISION 8. RELOCATION APPEALS BOARD
[Reserved]
DIVISION 9. YOUTH COMMISSION
[Reserved]
DIVISION 10.  COMMISSION ON HOMELESSNESS
   2-125.   Established; qualifications
   2-126.   Powers and duties
DIVISION 11.  CULTURAL ARTS COMMISSION
   2-130.   Established; qualifications
   2-131.   Powers and duties
ARTICLE III.  DEPARTMENTS
DIVISION 1.  CITY ATTORNEY
   2-135.   Appointment of city attorney
   2-136.   Conflicts of interest of former employees
   2-137.   Conditions for public contract work generally
   2-138.   Provisions to be included in invitations to bid
DIVISION 2.  CITY CLERK
   2-145.   City clerk as department director
   2-146.   Benefits of city clerk
   2-147.   Bond of city clerk and assistant city clerk
   2-148.   Duties of city clerk
   2-149.   Compensation of city clerk
DIVISION 3.  CITY MANAGER
   2-155.   Position created; appointment; term
   2-156.   Compensation
   2-157.   Powers and duties; office
DIVISION 4.  CITY TREASURER
   2-165.   City treasurer as department director
   2-166.   Benefits of city treasurer
   2-167.   Bond of city treasurer and assistant city treasurer
   2-168.   Duties of city treasurer
   2-169.   Compensation of city treasurer
DIVISION 5.  DIRECTOR FINANCE DEPARTMENT
   2-175.   Creation
   2-175.5.   Chief financial officer
   2-176.   Financial and accounting duties
   2-177.   Bond
   2-178.   Fiscal year
   2-179.   Budget
   2-180.   Audit
   2-181.   Tort claims
   2-182.   Claims for refund of fees and charges
   2-183.   Claims for refund of taxes, assessments and utility fees
   2-184.   Procedure for payment of demands, warrants and checks
   2-185.   Presentation of demands; approval
   2-186.   Approval of warrants by director of finance; registered warrants; payment of bonds and coupons
DIVISION 6.  FIRE
   2-205.    Established; volunteer force
DIVISION 7.  POLICE DEPARTMENT
   2-210.   Established; reserve officers
   2-211.   Fingerprint and identification services
ARTICLE IV. SUNSHINE ORDINANCE
   2-220.   Findings and purpose
   2-221.   Definitions
   2-222.   Meetings to be open and public; the Brown Act
   2-223.   Conduct of business; time and place of meetings
   2-224.   Agenda requirements for regular and special meetings
   2-225.   Agendas and related materials; public records
   2-226.   Closed sessions; permitted topics
   2-227.   Statements of reasons for closed sessions
   2-228.   Barriers to attendance prohibited
   2-229.   Video and audio recording, filming, and still photography
   2-230.   Public comment
   2-231.   Minutes
   2-232.   Sunshine ordinance supersedes other local laws
ARTICLE I.  LEGISLATIVE BODIES
DIVISION 1.  CITY COUNCIL
SEC. 2-1.  MEETINGS; RULES OF PROCEDURE.
   (A)   Regular city council meetings - Unless otherwise approved by city council action, city council shall conduct regular meetings on the first and third Tuesdays of every month in the city council chambers at 305 West Third Street at a time set by resolution of the city council.
   (B)   Rules of procedure -
      (1)   The rules for the conduct of proceedings of the city council shall be established by resolution.
      (2)   Any violation of such rules shall be deemed to be a violation of this code and shall be punishable as provided in section 1-10 of this code.
(`64 Code, Sec. 2-1)  (Ord. No. 483, 1379, 1490, 1615, 1825, 1911, 2356, 2368, 2949)
SEC. 2-1.1.  ESTABLISHMENT OF CITY COUNCIL COMMITTEES.
   (A)   The following city council committees shall consist of three city council members per committee, appointed by the mayor and approved by at least four city councilmembers:
      (1)   The finance and governance committee;
      (2)   The public works and transportation committee;
      (3)   The public safety committee;
      (4)   The housing and economic development committee; and
      (5)   The community services committee.
   (B)   Regular city council committee meetings- Unless otherwise approved by city council action, the city council committees shall conduct regular meetings on the second and fourth Tuesdays of every month in the city council chambers at 305 West Third Street at a time set by resolution of the city council.
   (C)   The city council shall adopt bylaws for each committee setting forth the powers and duties of the city council committees established in this section.
(Ord. No. 2949)
SEC. 2-2.  DECLARATION OF PURPOSE REGARDING DISTRICT ELECTIONS.
   The city council of the City of Oxnard hereby declares that the change of method of electing members of this city council is being made in furtherance of the California Voting Rights Act of 2001.
(Ord. No. 2934)
SEC. 2-2.5.  CITY COUNCIL DISTRICTS ESTABLISHED.
   Six city council districts are hereby established in the City of Oxnard. The boundaries and identifying number of each district shall be described on Map 635 codified as Appendix A, and incorporated herein by this reference.
(Ord. No. 2934)
SEC. 2-3.  ELECTION OF MEMBERS OF THE CITY COUNCIL BY DISTRICT.
   (A)   Following the March 6, 2018 effective date of sections 2-2 through 2-3.5, and upon the commencement of “by district” elections in the order established in section 2-3.5 of this code, members of the city council shall be elected “by district” as defined in Cal. Gov’t Code, Section 34871, or any successor statute. No term of any member of the city council that commenced prior to March 6, 2018 shall be affected by the adoption of sections 2-2 to 2-3.5 of the code. The mayor shall continue to be separately elected on an at-large basis to a two year term.
   (B)   Registered voters signing nomination papers or voting for a member of the city council shall be residents of the geographical area making up the district from which the member is to be elected.
   (C)   Except as otherwise provided in section 2-3.5(B), the terms of the office of each member elected to the city council shall remain four years.
(Ord. No. 2934)
SEC. 2-3.5.  COMMENCEMENT OF DISTRICT ELECTIONS.
   (A)   Commencing with the general municipal election in November 2018 and thereafter, the voters in districts one, two and five shall elect members of the city council by district for full four year terms.
   (B)   For the general municipal election in November 2018 only, the voters in district six shall elect their member of the city council by district for a two year term.
   (C)   Commencing with the general municipal election in 2020 and thereafter, the voters in districts three, four and six shall elect members of the city council by district for full four year terms.
   (D)   Pursuant to Cal. Elections Code, Section 21606, the term of office of any council member who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the district from which he/she was elected.
(Ord. No. 2934)
Appendix A
 
(Ord. No. 2934)
DIVISION 2.  COMMUNITY DEVELOPMENT COMMISSION
SEC. 2-5.  ESTABLISHED.
   (A)   The community development commission (CDC) is hereby established, and shall consist of the members of the city council.
   (B)   The CDC shall have such powers and responsibilities relating to redevelopment and community development as are from time to time designated by motion, resolution, or ordinance of the city council and/or the governing board of the redevelopment agency.
   (C)   Notwithstanding the foregoing, the CDC shall not act as a housing authority or replace the Oxnard housing authority commission.
   (D)   This division shall neither:
      (1)   Affect any bond, indebtedness, or other obligation authorized by the city council or the redevelopment agency prior to the effective date hereof; nor
      (2)   Limit or diminish the general powers and authority of the redevelopment agency.
(`64 Code, Sec. 2-168)  (Ord. No. 2358)
DIVISION 3.  HOUSING AUTHORITY
SEC. 2-10.  ESTABLISHED.
   A housing authority, known as the Oxnard Housing Authority, exists in the city pursuant to the “Housing Authorities Law” of the State.
(`64 Code, Sec. 2-144)
DIVISION 4.  REDEVELOPMENT AGENCY
SEC. 2-15.  ESTABLISHED.
   A redevelopment agency, known as the Oxnard Redevelopment Agency, may exist in the city pursuant to the “Community Redevelopment Laws” of the State.
(`64 Code, Sec. 2-144.5)  (Ord. No. 2270)
ARTICLE II.  COMMISSIONS/COMMITTEES
DIVISION 1.  GENERAL PROVISIONS
[Reserved]
DIVISION 2.  CITIZEN ADVISORY GROUPS; GENERAL
SEC. 2-30.  APPLICATION.
   The following provisions shall apply to the following citizen advisory groups: senior services commission, commission on community relations, library board, parks and recreation commission, homeless commission, planning commission, and cultural arts commission.
(`64 Code, Sec. 2-100)  (Ord. No. 2467, 2553, 2657, 2886, 2957)
SEC. 2-31.  MEETING LOCATIONS.
   All citizen advisory group meetings shall be open to the public and held in a publicly owned building.  The time, day and location of all regular meetings of a citizen advisory group shall be filed with the city clerk.
(`64 Code, Sec. 2-102)  (Ord. No. 2467, 2957)
SEC. 2-32.  NOTICE OF MEETINGS; MINUTES.
   The secretary shall be responsible for properly noticing all regular and special meetings of the citizen advisory group and maintaining minutes of the meetings.
(`64 Code, Sec. 2-103)  (Ord. No. 2467, 2957)
SEC. 2-33.  RESIGNATION BY ABSENCES.
   If any member of a citizen advisory group has three or more consecutive unexcused absences, or is absent, excused or unexcused, for more than half of the meetings in a calendar year, the member shall be deemed to have resigned from the citizen advisory group. The secretary shall notify the city clerk in writing of any such consecutive absences. The member shall be deemed to have resigned from the citizen advisory group on the date that the city clerk receives notice from the secretary.
(`64 Code, Sec. 2-104)  (Ord. No. 2467, 2957)
SEC. 2-34.  REMOVAL OF A MEMBER.
   A citizen advisory group member may be removed at the pleasure of the city council.
(`64 Code, Sec. 2-105)  (Ord. No. 2467, 2957)
SEC. 2-35.  COORDINATION BETWEEN CITY COUNCIL AND CITIZEN ADVISORY GROUPS.
   (A)   The secretary shall promptly inform the city council, through the city manager, of policy decisions or recommendations adopted by a citizen advisory group.
   (B)   A copy of the minutes of all citizen advisory group meetings shall be promptly posted on the city’s website.
(`64 Code, Sec. 2-106)  (Ord. No. 2467, 2957)
SEC. 2-36.  APPOINTMENT; TERMS; VACANCY.
   (A)   The mayor, with the approval of the city council, shall appoint the members of each commission. Each council member shall strive to nominate a commissioner from the council members' district to serve on each commission. The mayor shall nominate one commissioner at-large for each commission.
   (B)   Except for the planning commission, the first three members of each commission nominated by city council members representing Districts 3, 4, and 6 appointed after this division becomes effective shall serve until December 31, 2020, or until a successor is appointed, unless the member is earlier removed by the city council, dies, resigns, or is deemed to have resigned pursuant to this code. The next four members of each commission nominated by city council members representing Districts 1, 2, 5, and the mayor's at-large nominees appointed after this division becomes effective shall serve until December 31, 2022, or until a successor is appointed, unless the member is earlier removed by the city council, dies, resigns, or is deemed to have resigned pursuant to this code. All members of each commission appointed thereafter shall serve until December 31 of the final year of the appointing council members' term or until a successor is appointed, unless the member is earlier removed by the city council, dies, resigns, or is deemed to have resigned pursuant to this code. The mayor's appointees shall serve until the end of the term of the council members for Districts 3, 4, and 6, or until a successor is appointed, unless the member is earlier removed by the city council, dies, resigns, or is deemed to have resigned pursuant to this code.
   (C)   A commissioner may be reappointed by the city council. However, no member of the commission may be appointed to serve more than two consecutive terms. This provision applies prospectively to all commissions. If a member serves less than half of a term, that member shall be eligible to serve two full consecutive terms thereafter.
   (D)   In the event of a vacancy, the council member or mayor who made the original appointment shall nominate a replacement to complete the term of the member creating the vacancy.
(Ord. No. 2957)
SEC. 2-37.  BACKGROUND CHECKS.
   Each commissioner shall undergo the city’s formal background check procedures prior to appointment to serve on a commission.
(Ord. No. 2957)
SEC. 2-38.  ELIGIBILITY.
   (A)   The following persons shall not serve as a commissioner:
      (1)   The spouse, domestic partner, parent, stepparent, brother, sister, child, stepchild, grandchild, step grandchild, mother-in-law, father-in-law, daughter-in-law, or son-in-law of a city employee or elected city official, or any person with whom a city employee or elected city official has a relationship in loco parentis (acting in the role of a parent); or
      (2)   A current city employee or elected city official.
   (B)   Subsection (A)(1) shall not apply to persons seeking reappointment to a citizen advisory group in which he or she serves on as of January 1, 2019.
(Ord. No. 2957)
SEC. 2-39.  RULES OF PROCEDURES; QUORUM.
   (A)   Each commission shall follow Rosenberg's Rules of Order.
   (B)   Except for the planning commission, a majority of the commission positions filled at the time of a meeting shall constitute a quorum for the transaction of business of any commission.
(Ord. No. 2957)
SEC. 2-40.  AUDIO RECORDED PROCEEDINGS.
   Except for the planning commission which shall be televised to the extent feasible, all commission meetings shall be audio recorded and archived on the city's website.
(Ord. No. 2957)
SEC. 2-41.  SECRETARY.
   The city manager shall designate a city staff member to serve as a non-voting secretary to each commission.
(Ord. No. 2957)
DIVISION 3.  SENIOR SERVICES COMMISSION
SEC. 2-45.  ESTABLISHED; QUALIFICATIONS.
   (A)   There is hereby established a senior services commission composed of seven members.
   (B)   A member shall serve without compensation, shall reside in the city and shall be over the age of 49.
(`64 Code, Sec. 2-107)  (Ord. No. 2467, 2657, 2957)
SEC. 2-46.  POWERS AND DUTIES.
   The powers and duties of the senior services commission shall be as follows:
   (A)   Analyze, define and investigate issues and the needs of senior citizens in the city and advise the city council on such matters;
   (B)   Develop and recommend solutions for problems affecting senior citizens to the city council and other appropriate community organizations and agencies;
   (C)   Disseminate information and educational materials and reports that will assist in enhancing the quality of life of senior citizens and the treatment of senior citizens;
   (D)   Serve as a liaison between the city council and the community in matters concerning senior citizens; and
   (E)   Prepare and submit an annual report of activities to the city council and make such other reports and recommendations to the city council from time to time as the senior services commission may determine necessary to improve the quality of life for senior citizens in the city.
(`64 Code, Sec. 2-111)  (Ord. No. 2467, 2657, 2957)
DIVISION 4.  COMMUNITY RELATIONS COMMISSION
SEC. 2-55.  ESTABLISHED; QUALIFICATIONS.
   (A)   There is hereby established a commission on community relations composed of seven members.
   (B)   A member shall serve without compensation, shall reside in the city and shall be at least 18 years of age.
(`64 Code, Sec. 2-112)  (Ord. No. 2446, 2467, 2853, 2957)
SEC. 2-56.  POWERS AND DUTIES.
   The powers and duties of the community relations commission shall be as follows:
   (A)   Analyze, define, and investigate community relations issues and needs in the city and advise the city council on matters involving group prejudices, racial tension, intolerance or differences in treatment or favoritism of persons on a basis other than individual merit;
   (B)   Promote mutual understanding and respect among all residents of the city and work to discourage and prevent practices involving group prejudices, racial tension, intolerance or differences in treatment or favoritism of persons on a basis other than individual merit;
   (C)   Disseminate information and educational materials and reports that will assist in the elimination of practices involving group prejudices, racial tension, intolerance or differences in treatment or favoritism of persons on a basis other than individual merit;
   (D)   Investigate and study complaints of violations of State statutes relating to practices involving group prejudices, racial tension, intolerance or differences in treatment or favoritism of persons on a basis other than individual merit in publicly assisted housing accommodations;
   (E)   Assist various groups and agencies within the city to cooperate in educational campaigns devoted to the elimination of practices involving group prejudices, racial tension, intolerance or differences in treatment or favoritism of persons on a basis other than individual merit;
   (F)   Cooperate with enforcement agencies to ensure that no person in the city is deprived of equal services furnished in the city by reason of violation of any State law prohibiting differences in treatment or favoritism of persons on a basis other than individual merit;
   (G)   Cooperate with city, State, federal and other agencies in order to promote better community relations;
   (H)   Review the current equal employment opportunity status of the city;
   (I)   Serve as an information resource between the city council and community in matters concerning equal employment opportunity;
   (J)   Endorse community events, by resolution or proclamation approved by a majority of the members present, that improve community relations in the city and are consistent with the duties of the community relations commission; and
   (K)   Prepare and submit an annual report of activities to the city council and make such other reports and recommendations to the city council from time to time as the community relations commission may determine necessary to improve community relations in the city.
(`64 Code, Sec. 2-116)  (Ord. No. 2446, 2467, 2853, 2957)
DIVISION 5.  LIBRARY BOARD
SEC. 2-65.  PUBLIC LIBRARY ESTABLISHED.
   A public library is hereby established in and for the city to be known and designated as the Oxnard Public Library.
(`64 Code, Sec. 2-117)  (Ord. No. 2467, 2957)
SEC. 2-66.  ESTABLISHED; QUALIFICATIONS.
   (A)   There is hereby established a library board composed of seven members.
   (B)   A member shall serve without compensation, shall reside in the city and shall be at least 18 years of age.
(`64 Code, Sec. 2-118)  (Ord. No. 2467, 2957)
SEC. 2-67.  POWERS AND DUTIES.
   The powers and duties of the library board shall be as follows:
   (A)   Advise the city council on policies and procedures relating to the public library;
   (B)   Investigate the nature and scope of the needs of the public library;
   (C)   Recommend policies and programs related to the public library for consideration by the city council;
   (D)   Assist the public library staff in reviewing and evaluating programs and services of the public library;
   (E)   Make recommendations to the city council for improvements to the public library;
   (F)   Represent the needs and views of the community to the public library staff and to the city council; and
   (G)   Prepare and submit an annual report of activities to the city council and make such other reports and recommendations to the city council from time to time as the library board may determine necessary to improve the operations of the public library.
(`64 Code, Sec. 2-122)  (Ord. No. 2467, 2957)
DIVISION 6.  PARKS AND RECREATION AND COMMUNITY SERVICES COMMISSION
SEC. 2-80.  ESTABLISHED; QUALIFICATIONS.
   (A)   There is hereby established a parks and recreation and community services commission composed of seven members.
   (B)   A member shall serve without compensation, shall reside in the city and shall be at least 18 years of age.
(`64 Code, Sec. 2-123)  (Ord. No. 2467, 2863, 2957)
SEC. 2-81.  POWERS AND DUTIES.
   The powers and duties of the parks and recreation and community services commission shall be as follows:
   (A)   Advise the city council on all matters pertaining to the parks and recreation and community services activities in the city;
   (B)   Serve as a liaison between the city council and the community in matters related to parks and recreation and community services activities;
   (C)   Advise city staff on future parks and recreation and community services programs;
   (D)   Receive suggestions on general community parks and recreational and community services policy issues and make recommendations to the city council; and
   (E)   Prepare and submit an annual report of activities to the city council and make such other reports and recommendations to the city council from time to time as the parks and recreation and community services commission may determine necessary to improve parks and recreation and community services activities in the city.
(`64 Code, Sec. 2-127)  (Ord. No. 2467, 2863, 2957)
DIVISION 7.  PLANNING COMMISSION
SEC. 2-95.  DUTIES.
   A planning agency consisting of planning commissioners, to be known collectively as the planning commission (“commission”), is created and established to perform the following functions and duties:
   (A)   The functions and duties assigned to the commission by the code and other ordinances and resolutions of the city council;
   (B)   The functions set out in Cal. Gov't Code, Sections 65103, 65400, 65401 and 65402; and
   (C)   The duties imposed on a commission by Cal. Health and Safety Code, Section 33000.
(`64 Code, Sec. 2-145)  (Ord. No. 2359, 2402, 2445, 2957)
SEC. 2-96.  COMPOSITION.
   (A)   The commission shall consist of seven members appointed by the city council.  Members of the commission shall serve and may be removed and replaced at the pleasure of the city council. Members shall serve without compensation, shall reside in the city, and shall be at least 18 years of age.
   (B)   Commissioners nominated by city council members representing Districts 1, 2, and 5 appointed after this division becomes effective shall serve until December 31, 2022. Thereafter, city council members for Districts 1, 2, and 5 shall nominate commissioners every four years, unless a vacancy occurs during the term of a commissioner. In that circumstance, the nominating council member shall nominate a replacement for that commissioner. The next four commissioners nominated in 2020 by city council members representing Districts 3, 4, 6, and the mayor's at-large nominee, appointed after this division becomes effective shall serve until December 31, 2024. Thereafter, the council member for Districts 3, 4, and 6, and the mayor shall nominate commissioners every four years unless a vacancy occurs during the term of a commissioner. In that circumstance, the nominating council member or mayor shall nominate a replacement for that commissioner. All members of the commission appointed thereafter shall serve until December 31 of the fourth year after the date of appointment or until a successor is appointed, unless the member is earlier removed by the city council, dies, resigns, or is deemed to have resigned pursuant to this code.
   (C) A member of the commission may be reappointed by the city council.  However, no member of the commission may be appointed to serve more than two consecutive terms. If a member serves less than half of a term, that member shall be eligible to serve two full consecutive terms thereafter.
   (D)   Each member of the planning commission shall have one vote.  Four members shall constitute a quorum for the transaction of business.
   (E)   Members of the commission shall select one of their number as chair and another as vice-chair, both serving for one year or until their successors are appointed, unless they are earlier removed from such positions by a majority vote of the members of the commission.
(`64 Code, Sec. 2-146)  (Ord. No. 2359, 2369, 2402, 2445, 2957)
SEC. 2-97.  FINANCES.
   The city council shall provide the funds and equipment necessary for the work of the commission.
(`64 Code, Sec. 2-148)  (Ord. No. 2359, 2445, 2957)
SEC. 2-98.  TELEVISED PROCEEDINGS.
   To the extent feasible, public proceedings of the commission shall be televised.
(`64 Code, Sec. 2-149)  (Ord. No. 2367, 2445, 2957)
DIVISION 8.  RELOCATION APPEALS BOARD
[Reserved]
DIVISION 9.  YOUTH COMMISSION
[Reserved]
Editor’s note:
   Division 9 was repealed by Ord. No. 2957, adopted 5-7-2019. Division 9 related to the Youth Commission, and the sections thereunder were derived from Ord. Code §§ 2-1282-132, and Ord. No. 2467.
DIVISION 10.  COMMISSION ON HOMELESSNESS
SEC. 2-125.  ESTABLISHED; QUALIFICATIONS.
   (A)   There is hereby established a commission on homelessness composed of seven members.
   (B)   A member shall serve without compensation and shall be at least 18 years of age.
(Ord. No. 2553, 2889, 2957)
SEC. 2-126.  POWERS AND DUTIES.
   The powers and duties of the commission on homelessness shall be as follows:
   (A)   Advise the city council on all matters pertaining to homelessness in the city;
   (B)   Serve as a liaison between the city council and the community in matters related to homelessness issues;
   (C)   Review and evaluate programs, requests for homeless funds, and homeless services in the city;
   (D)   Recommend programs, strategies, and funding for preventing and reducing the incidence of homelessness in the city; and
   (E)   Prepare and submit an annual report of activities to the city council and make such other reports and recommendations to the city council from time to time as the commission on homelessness or city council may determine necessary to address homelessness issues.
(Ord. No. 2553, 2957)
DIVISION 11.  CULTURAL ARTS COMMISSION
SEC. 2-130.  ESTABLISHED; QUALIFICATIONS.
   (A)   There is hereby established a cultural arts commission composed of seven members.
   (B)   A member shall serve without compensation, shall reside in the city, shall be at least 18 years of age, and shall have a special knowledge or interest in the arts.
(Ord. No. 2886, 2957)
SEC. 2-131.  POWERS AND DUTIES.
   The powers and duties of the cultural arts commission shall be as follows:
   (A)   Advise the city council on all matters pertaining to the cultural arts in the community;
   (B)   Recommend to the city council the adoption, amendment or repeal of ordinances regarding public art, and/or art related projects and proposals;
   (C)   Assist the cultural arts community in raising funds through grants or other sources for the development, growth, incorporation, and expansion of the arts;
   (D)   Provide a local, state and national network of support and supporters of the local arts;
   (E)   Build a growth continuum of education, training and arts to develop an incubator for home grown evaluators and evaluation training tools so that congruity among mission, vision and requirements of requests for proposals matches skills assessed by evaluators in the review process;
   (F)   Develop public arts projects that include developing written materials for soliciting participation, appointing and training selection panels, and reviewing and recommending funding to ensure integrity of such processes;
   (G)   Receive recommendations from ad-hoc local panels to review art actions in conjunction with the commission;
   (H)   Recommend to the city council the distribution of revenues collected through fund raising, grants and public art funds consistent with the needs of the community, including solicitation and analysis of cultural arts grant proposals;
   (I)   Participate in the development of the strategic annual public art plan and longer-ranged strategic public art plans;
   (J)   Cooperate with other commissions and civic organizations in order to promote, market, and publicize the arts in order to increase and foster public interest in the arts; and
   (K)   Perform other art, cultural and arts education duties as may from time to time be prescribed by the city council.
(Ord. No. 2886, 2957)
ARTICLE III.  DEPARTMENTS
DIVISION I.  CITY ATTORNEY
SEC. 2-135.  APPOINTMENT OF CITY ATTORNEY.
   The city attorney shall be appointed by a majority vote of the city council and shall hold office at the pleasure of the city council.
(`64 Code, Sec. 2-5)
SEC. 2-136.  CONFLICTS OF INTEREST OF FORMER EMPLOYEES.
   (A)   No former city employee designated herein shall, within one year after termination of employment, for compensation represent or advise any person in any proceeding to which the city is a party if the proceeding is one in which the former employee participated as a city employee.
   (B)   The terms used in subsection (A) shall be defined as follows:
      (1)   “City employee designated herein” shall mean any city officer or employee in any of the following classifications:
         (a)   City council member;
         (b)   City manager;
         (c)   Assistant city manager;
         (d)    Deputy city manager;
         (e)   City attorney;
         (f)   Assistant city attorney;
         (g)   Deputy city attorney;
         (h)   Development services director;
         (i)   Community development director;
         (j)   City planner;
         (k)   Principal planner;
         (l)   Building official;
         (m)   Plan check engineer;
         (n)   Supervising building inspector;
         (o)   Code enforcement official;
         (p)   Finance and management services director;
         (q)   Housing director;
         (r)   Public works director.
      (2)   “Termination of employment” shall mean voluntary termination, involuntary termination, resignation at the city's request, or retirement.
      (3)   “Proceeding to which the city is a party” shall mean any application for any permit or entitlement, contract, claim, investigation, negotiation, purchase and sale, or any other matter involving the discretionary powers and responsibilities of the city or entities governed by the city council.
      (4)   “Participated” means to have taken part personally and substantially at a policy level in the proceeding through decision, recommendation, investigation, or use of confidential information. 
      (5)   The term “policy level” shall include fact finding, recommending, analyzing and other activities which would foreseeably influence the decision or result in the proceeding.
   (C)   Subsection (A) shall not apply to the furnishing of technical, expert, or specialized services to the city by a former city employee at the city's request.
   (D)   In addition to any other available remedy, the city may decline to deal with and may refuse to approve the entitlement sought by any person represented or advised by a former city employee in violation of this section.
(`64 Code, Sec. 2-6)  (Ord. No. 1886, 1964, 2004, 2062, 2107, 2137)
SEC. 2-137.  CONDITIONS FOR PUBLIC CONTRACT WORK GENERALLY.
   The city may require all contracts or specifications relating to public works or improvements to be paid for directly by the city to contain the following provisions:
   (A)   Preference to local labor - The contractor agrees that in the employment of labor, other than foremen and office personnel, the contractor will give preference to bona fide residents of the city who have been such for at least six months prior to such employment as follows.  At least 75 percent of the laborers employed upon the project shall at all times be such residents of the city; provided, however, that in the event there is not a sufficient number of laborers available who are such residents of the city to do the work without delay or efficiently, then, with the written approval of the city engineer, a smaller proportion of resident laborers may be employed.
   (B)   List of workers to be furnished daily - The contractor further agrees to furnish to the city engineer each day during the life of this contract a complete list of all persons employed or discharged on the previous day, together with the correct home address of each such person.
   (C)   Discharge of employees upon request of engineer - The contractor further agrees to, within 24 hours of the receipt of notice from the city engineer so to do, discharge any employee on the work who is, in the opinion of the engineer, incompetent, careless, untrustworthy, unskillful, or otherwise unfitted for the work, or who is a nonresident of the city when more than 25 % of the laborers employed upon the work are nonresidents, and residents are available to prosecute the work efficiently without delay; and that the contractor will forfeit to the city a penalty of $5 per day for each person retained upon the work after notice from the city engineer to discharge such person for any of the causes mentioned herein.
(`64 Code, Sec. 2-7)
SEC. 2-138.  PROVISIONS TO BE INCLUDED IN INVITATIONS TO BID.
   The city clerk, when directed so to do, shall include, in all notices calling for bids on public works or improvements, the following provisions:
   (A)   Preference to local labor -
      (1)   In the proposal submitted by the bidder, the bidder must agree, if awarded the contract, that in the employment of labor other than foremen and office personnel, the bidder will give preference to bona fide residents of the city who have been such for at least six months prior to such employment.
      (2)   At least 75% of persons employed upon the work shall at all times be such residents of the city; provided, however, that in the event there is not a sufficient number of persons available who are such residents of the city to do the work without delay or efficiently, then with the written approval of the city engineer, a smaller proportion of resident persons may be employed.
   (B)   List of workers to be furnished daily; penalty -
      (1)   The bidder must further set out in the proposal that if the bidder is awarded the contract, the bidder will furnish to the city each day during the life of the contract a complete list of all persons employed or discharged on the previous day, together with the correct home address of every such person; and that the bidder will, within 24 hours of the receipt of notice from the city engineer so to do, discharge any employee on the work who is, in the opinion of the city engineer, incompetent, careless, untrustworthy, unskilled, or otherwise unfitted for the work, or who is a nonresident of the city, when more than 25% of the persons employed upon the work are nonresidents and residents are available to prosecute the work efficiently without delay.
      (2)   The bidder will forfeit to the city a penalty of $5 per day for each persons retained upon the work after notice from the city engineer to discharge such person for any of the causes mentioned herein.
(`64 Code, Sec. 2-8)
DIVISION 2.  CITY CLERK
SEC. 2-145.  CITY CLERK AS DEPARTMENT DIRECTOR.
   The person occupying the classification of city clerk is designated as a department director and shall be the administrative head of the city clerk's office.
(`64 Code, Sec. 2-3)  (Ord. No. 2203, 2350)
SEC. 2-146.  BENEFITS OF CITY CLERK.
   (A)   The person occupying the city clerk classification shall receive all benefits provided to top management employees, unless otherwise provided by resolution.
   (B)   Notwithstanding the above, a person occupying the classification of city clerk shall not be entitled to transfer to or be promoted or demoted to any other classification in the city service.
(`64 Code, Sec. 2-3.1)  (Ord. No. 2203, 2315, 2350)
SEC. 2-147.  BOND OF CITY CLERK AND ASSISTANT CITY CLERK.
   The bonds of the city clerk and the assistant city clerk are set at $5,000 each.
(`64 Code, Sec. 2-3.2)  (Ord. No. 2203)
SEC. 2-148.  DUTIES OF CITY CLERK.
   (A)   The city clerk shall perform such statutory duties as are assigned to the city clerk of a general law city by the laws of the State and confirmed by resolution.
   (B)   The city clerk shall also perform such administrative duties as assigned by the city manager.
(`64 Code, Sec. 2-3.3)  (Ord. No. 2203, 2350)
SEC. 2-149.  COMPENSATION OF CITY CLERK.
   (A)   The city clerk shall receive compensation for the performance of statutory duties as established by ordinance.
   (B)   The city clerk shall receive compensation for the performance of administrative duties in accordance with the principles and guidelines of the management pay system applicable to top management employees.
(`64 Code, Sec. 2-3.4)  (Ord. No. 2203, 2350)
DIVISION 3.  CITY MANAGER
SEC. 2-155.  POSITION CREATED; APPOINTMENT; TERM.
   (A)   The city manager form of government is adopted and shall be followed by the city.
   (B)   The office of city manager is established. 
   (C)   The city manager shall be appointed by a majority vote of the city council and shall hold office at the pleasure of the city council.
(`64 Code, Sec. 2-9)
SEC. 2-156.  COMPENSATION.
   The city manager shall receive such compensation for services as shall be fixed by the city council.
(`64 Code, Sec. 2-10)
SEC. 2-157.  POWERS AND DUTIES; OFFICE.
   (A)   The city manager shall be the chief executive and administrative officer of the city and shall have all of the powers and duties heretofore vested in the several ministerial, executive and administrative and other subordinate officers heretofore appointed by the city council except the city clerk, the city attorney and the city treasurer.
   (B)   The city manager shall maintain an office in the city to be provided for by the city council and shall keep the same open during all business hours.
   (C)   The city manager shall perform such other and further acts as shall be provided for by resolution of the city council.
(`64 Code, Sec. 2-11)
DIVISION 4.  CITY TREASURER
SEC. 2-165.  CITY TREASURER AS DEPARTMENT DIRECTOR.
   The person occupying the classification of city treasurer is designated as a department director and shall be the administrative head of the city treasurer's office.
(`64 Code, Sec. 2-4)  (Ord. No. 2203, 2350)
SEC. 2-166.  BENEFITS OF CITY TREASURER.
   (A)   The person occupying the city treasurer classification shall receive all benefits provided to top management employees, unless otherwise provided by resolution.
   (B)   Notwithstanding the above, a person occupying the classification of city treasurer shall not be entitled to transfer to or be promoted or demoted to any other classification in the city service.
(`64 Code, Sec. 2-4.1)  (Ord. No. 2203, 2315, 2350)
SEC. 2-167.  BOND OF CITY TREASURER AND ASSISTANT CITY TREASURER.
   The bond of the city treasurer and assistant city treasurer is set at $50,000.
(`64 Code, Sec. 2-4.2)  (Ord. No. 2203, 2350)
SEC. 2-168.  DUTIES OF CITY TREASURER.
   (A)   The city treasurer shall perform such statutory duties as are assigned to the city treasurer of a general law city by the laws of the State and confirmed by resolution.
   (B)   The city treasurer shall also perform such administrative duties as assigned by the city manager.
(`64 Code, Sec. 2-4.3)  (Ord. No. 2203, 2350)
SEC. 2-169.  COMPENSATION OF CITY TREASURER.
   (A)   The city treasurer shall receive compensation for the performance of statutory duties as established by ordinance.
   (B)   The city treasurer shall receive compensation for the performance of administrative duties in accordance with the principles and guidelines of the management pay system applicable to top management employees.
(`64 Code, Sec. 2-4.4)  (Ord. No. 2203, 2350)
DIVISION 5.  DIRECTOR OF FINANCE
SEC. 2-175.  CREATION.
   There shall be a finance department, headed by a director of finance who shall supervise such employees as are necessary to carry out the functions and duties of the department.
(Ord. No. 2643)
SEC. 2-175.5.  CHIEF FINANCIAL OFFICER.
   Effective April 14, 2008, all references to the classification of director of finance, finance and management services director, or finance director in the city code, and any in city resolutions, agreements, contracts, rules, regulations or procedures shall incorporate the classification and/or working title of chief financial officer.
(Ord. No. 2772)
SEC. 2-176.  FINANCIAL AND ACCOUNTING DUTIES.
   (A)   Pursuant to Cal. Gov't Code Section 37209, the duties imposed on the city clerk by Chapter 4, Part 2, Division 3, Title 4 of the Cal. Gov't Code are transferred to the director of finance.
   (B)   Pursuant to Cal. Gov't Code Section 40805.5, the financial and accounting duties imposed on the city clerk by Cal. Gov't Code Sections 40802 through 40805 are transferred to the director of finance.
   (C)   Pursuant to Cal. Gov't Code Section 34004, the duties imposed on the city treasurer by Cal. Gov't Code Section 41004 are transferred to the director of finance.
   (D)   The powers and duties of the director of finance include centralizing fiscal and accounting duties; controlling inventory; financial reporting; and assisting in budgeting.
   (E)   The director of finance shall promote, secure and preserve the financial and property interests of the city.
   (F)   The city manager may assign to the director of finance additional powers and duties not set forth herein.
(Ord. No. 2643, 2804)
SEC. 2-177.  BOND.
   The director of finance shall file with the city clerk a bond covering the faithful performance of his/her duties, in the penal sum of not less than $20,000. The bond shall conform to the provisions of Chapter 3, Division 4, Title 1 of the Cal. Gov't Code. The premium on the bond shall be paid by the city.
(Ord. No. 2643)
SEC. 2-178.  FISCAL YEAR.
   The fiscal year of the city shall begin on the first day of July and end on the last day of June of each calendar year.
(Ord. No. 2643)
SEC. 2-179.  BUDGET.
   (A)   Before the beginning of each fiscal year for which the city council has not adopted a budget, the city manager shall submit to the city council a proposed operations and capital budget for the following fiscal year or for more than one of the following fiscal years.