I. MEETINGS

2.04.010   TIME.

The City Council shall hold its regular meetings on the second and fourth Mondays of each month at 6:00 p.m., or at such other time as the Council may establish by resolution no more frequently than on an annual basis. A resolution changing the regular meeting time of a City Council meeting shall become effective 30 days following adoption of such resolution. In the event that a regular City Council meeting falls on a recognized City holiday, the meeting shall be held on the next regular business day at 6:00 p.m., or at such other time as the Council may establish by resolution no more frequently than on an annual basis.
(Ord. 83, § 2, passed -- 1905; Am. Ord. 602, passed -- 1983; Am. Ord. 623, passed -- 1984; Am. Ord. 799, § 1, passed -- 1997; Am. Ord. 818, § 1, passed -- 1999; Am. Ord. 869, § 2, passed 6-23-2008)

2.04.020   PLACE.

The meeting place of the City Council for the transaction of business as such City Council is fixed and established at the Town Hall, situated on the southwest corner of Laurel Street and North Main Streets, and commonly known as 363 North Main Street, Fort Bragg, California. (Ord. 274, § 2, passed -- 1947; Am. Ord. 752, § 1, passed -- 1992)

2.04.025   BENEFITS DESIGNATED.

1. The City agrees to pay the monthly health and dental coverage premium for each Councilmember and their dependents under the plan offered by the Redwood Empire Municipal Insurance Fund (R.E.M.I.F.).
2. The City agrees to provide a life insurance policy in the amount of $5,000 death benefit for each Councilmember.
3. Such benefits as set forth in A and B above shall not be included for purposes of determining salary under Government Code Section 36516 provided the same benefits are available and paid by the City for its employees.

(Ord. 702 §1(C), passed -- 1989)

II. RULES

2.04.030   MAYOR AND MAYOR PRO TEMPORE AND/OR VICE MAYOR - ELECTION.

The City Council shall meet on the fourth Tuesday after the date of the general municipal election; or the first regular meeting of the City Council to occur after receipt of the Certificate of County Clerk as to result of the Canvass and Statement of Vote Cast, whichever occurs first, and choose one of its members as the Mayor and one of its members as the Mayor Pro Tempore and/or Vice Mayor. (Ord. 498 §2, passed -- 1978; Am,. Ord. 764 §1, passed -- 1994.)

2.04.031   MAYOR AND MAYOR PRO TEMPORE AND/OR VICE MAYOR - TO PRESIDE AT MEETINGS.

The Mayor shall preside at the meetings of the City Council and is the president of the Council. If the Mayor is absent or unable to act for a period of sixty days or less but retains his or her position as a member of the Council, the Mayor Pro Tempore and/or Vice Mayor shall serve until the Mayor returns or is able to act. The Mayor Pro Tempore and/or Vice Mayor has all of the powers and duties of the Mayor in the absence of the Mayor. (Ord. 498 §3, passed -- 1978)

2.04.032   MAYOR - OFFICE VACANCY FILLING.

If the Mayor dies, resigns the office of or otherwise vacates the office of Mayor, or fails to perform the duties of Mayor for a period in excess of sixty days, the City Council shall declare the office of Mayor to be vacant and shall select a new Mayor from one of its members at the next regularly scheduled City Council meeting or at a special City Council meeting called for this purpose. (Ord. 498 §4, passed -- 1978)

2.04.033   MAYOR PRO TEMPORE AND/OR VICE MAYOR - OFFICE VACANCY FILLING.

In the event that the Mayor Pro Tempore and/or Vice Mayor is selected as Mayor by the City Council, the City Council shall also select a new Mayor Pro Tempore and/or Vice Mayor at the same meeting at which it selects the Mayor. If for any reason the office of Mayor continues to remain vacant and unfilled, the Mayor Pro Tempore and/or Vice Mayor shall exercise and have all of the powers and duties of the Mayor. (Ord. 498 §5, passed -- 1978)

2.04.034   MAYOR - POWERS AT MEETINGS.

The Mayor may make or second any motion before the City Council and present and discuss any matter as a member of the City Council. (Ord. 498 §6, passed -- 1978)

2.04.035   MAYOR - DUTIES.

The Mayor shall perform such duties as are prescribed by law in accordance with the California Government Code and other laws of the State of California or the United States Government governing the duties and responsibilities of the Mayor. (Ord. 498 §7, passed -- 1978)

2.04.036   SCOPE OF SECTIONS 2.04.030 THROUGH 2.04.036.

Sections 2.04.030 through 2.04.036 shall govern the selection of the Mayor and the Mayor Pro Tempore and/or Vice Mayor in accordance with the Government Code of the State of California or other statues which may govern such selection process. Said sections do not govern or control the appointment, election or special election of an individual to fill the position of Councilmember but deal only with the selection of the Mayor or Mayor Pro Tempore and/or Vice Mayor from existing members of the City Council. (Ord. 498 §8, passed -- 1978)

2.04.038   RULES OF PROCEDURE GENERALLY.

1. The City Council may establish rules for the conduct of its proceedings. (Government Code §36813.) A majority of the City Council constitutes a quorum for the transaction of business. (Government Code §36810.)
2. In the event of a tie vote, the motion shall fail.

(Ord. 552 §§2,3, passed - - 1981)

2.04.040   QUESTIONS OF ORDER - MEMBER CALLED TO CHAIR.

The Mayor shall decide all questions of order. (Ord. 84 §2, passed - - 1905; Am. Ord. 674 §1, passed - - 1987)

2.04.060   ORDER OF BUSINESS.

1. The order of business of the City Council is to be adopted by City Council Resolution, and is on file in the office of the City Clerk.
2. Urgency items can be handled at any meeting of the City Council upon proper notice and/or action by the City Council.

(Ord. 84, § 4, passed  1905; Am. Ord. 674, § 1, passed  1987; Am. Ord. 738, § 1, passed  1992; Am. Ord. 813, § 1, passed  1999; Am. Ord. 821, § 1, passed  1999)

2.04.070   STANDING COMMITTEES DESIGNATED.

1. There shall be four standing committees; each committee shall consist of two members of the City Council to be appointed by the Mayor.
2. The committees are as follows:

1. Community Development Committee
2. Finance and Administration Committee
3. Public Safety Committee
4. Public Works and Facilities Committee

(Ord. 500, § 2, passed -- 1978; Am. Ord. 674, § 1, passed -- 1987; Am. Ord. 738, § 2, passed -- 1992)

2.04.075   AD HOC COMMITTEES.

The Mayor may also appoint ad hoc committees, whose composition and purpose shall be set by the Mayor. (Ord. 875 §3, passed 8-25-2008)

2.04.080   DUTIES OF STANDING COMMITTEES.

The committees named in Section 2.04.070 shall each do and perform such duties as set by City Council resolution in their respective areas, or as referred by City Council. (Ord. 84 §6, passed -- 1905; Am. Ord. 738 §3, passed -- 1992)

2.04.090   REPORTS OF COMMITTEES.

It shall be the duty of any committee of the City Council, to whom any subject or matter may be referred, to report thereon at the next regular meeting thereafter, unless otherwise instructed by the City Council, and all reports of any committee shall be reduced to writing. (Ord. 84 §7, passed -- 1905; Am. Ord. 738 §4, passed -- 1992)

2.04.110   MOTIONS - GENERALLY.

All motions shall be reduced to writing, if any member of the City Council requires it, and when a motion has once been made and carried or lost, it shall be in order for a member voting in the majority, to move for a reconsideration; provided, that no more than one motion for reconsideration shall be entertained. (Ord. 84 §9, passed - - 1905.)

2.04.120   INTERRUPTION DURING DISCUSSION.

No member of the City Council shall be permitted to interrupt another during debate or discussion of any subject. (Ord. 84 §10, passed - - 1905; Am. Ord. 674 §1, passed - - 1987)

2.04.130   VOTING.

1. Every member of the City Council present, shall give his vote on every question or matter when put, except if he is disqualified from voting by operation of law, or unless the City Council for special reasons entered in the minutes, excuses him from voting on a particular matter then under consideration. Should a member abstain from voting, he/she shall state the reason for abstaining, said reason shall be recorded in the minutes of said meeting.
2. Upon the passage of any ordinance, resolution or amendment of any ordinance or resolution, and upon all motions or resolutions for the payment of money, or ordering the doing of any act or thing that will result in the payment of money, the ayes and noes shall be taken and entered in the minutes, and at the desire of any member of the City Council, the ayes and noes shall be taken and entered in the minutes.

(Ord. 84 §11, passed -- 1905; Am. Ord. 738 §5, passed -- 1992)

2.04.140   ORDINANCES AND RESOLUTIONS - FORM - INTRODUCING.

1. In compliance with California Government Code Sections 36934 and 36935, ordinances shall not be passed within five days of their introduction, nor at other than regular meeting or at an adjourned regular meeting. However, an urgency ordinance may be passed immediately upon introduction and either at a regular or special meeting. All ordinances or amendments thereto shall be reduced to writing. Except when, after reading the title, further reading is waived by regular motion adopted by unanimous vote of the Councilmembers present, all ordinances shall be read either at the time of introduction or passage. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned regular meeting held at least five days after alteration. Corrections of typographical or clerical errors are not alterations within the meaning of this section.
2. Resolutions, urgency ordinances, and/or orders for the payment of money may be adopted or made immediately upon their introduction provided that they are made only at a regular meeting or at a special meeting for which the notice of such special meeting specifies the business to be transacted.
3. 1. In compliance to Section 36933 of the California Government Code, within fifteen days after its passage, the City Clerk shall cause each ordinance to be published at least once in a newspaper of general circulation published and circulated in the City.
   2. In the event there is none, he or she shall cause it to be posted in at least three public places in the City or published in the county and circulated in the City.

(Ord. 84 §12, passed -- 1905; Am. Ord. passed 7-28-1975)

2.04.150   MOTIONS - ACTION.

After a motion has been made and seconded, regarding any thing or matter concerning and upon which the City Council has the right to act, then it shall be entertained by the City Council and shall be debatable, each member having the right to talk on the subject five minutes, or more if granted the privilege by the City Council, except a motion to adjourn which is not debatable. (Ord. 84 §13, passed -- 1905.)

2.04.160   SPEAKING ON SUBJECT UNDER DISCUSSION.

Any citizen, after obtaining the consent of the Mayor, may speak five minutes, or any further time allotted him by order of the City Council, upon any subject that may be proper under discussion before the City Council. (Ord. 84 §14, passed -- 1905; Am. Ord. 674 §1, passed -- 1987)

2.04.170   BILLS - REFERRAL TO FINANCE COMMITTEE.

All bills against the City, when presented, shall be rapproved by individual departments and the Finance Director prior to going to the City Council for approval to pay; once paid, a list of checks issued shall be referred to the Finance Committee for review and approval. (Ord. 875 §4, passed 8-25-2008)

2.04.190   SPECIAL MEETINGS.

A special meeting of the City Council may be called at any time by the Mayor or, in the Mayor's absence, by the Mayor Pro Tempore, or by a majority of the members of the City Council, by delivering, personally or by mail, written notice to each member of the City Council and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such special meeting by the City Council. Such written notice may be dispensed with as to any member of the City Council who at or prior to the time the meeting convenes files with the City Clerk a written waiver of notice of such meeting. Such waiver may also be given by telegram and, further, may be dispensed with as to any member of the City Council who is actually present at the meeting at the time it convenes. (Ord. 499 §2, passed -- 1978.)

III. SALARIES

2.04.200   AUTHORITY FOR ENACTMENT.

This article is enacted pursuant to Section 36516 of the Government Code, as added by Chapter 286 of the Statutes of 1965, authorizing the Council to provide by ordinance, that each member of the Council shall receive a prescribed salary, the amount of which is based upon the population of the City as determined by estimates made by the State Department of Finance. (Ord. 362 §1, passed -- 1966.)

2.04.210   POPULATION.

As of January 1, 2005, the latest estimate of population of the City made by the Department of Finance is six thousand eight hundred fourteen (6814). (Ord. 875 §5, passed 8-25-2008)

2.04.220   SALARY DESIGNATED.

Each member of the City Council shall receive, as salary, the sum of three hundred dollars per month, as prescribed in Government Code Section 36516 for cities with population under thirty five thousand, which shall be payable from and after the operative date of the ordinance codified in this article at the same time and in the same manner as the salaries are paid to other officers and employees of the City. (Ord. 875 §6, passed 8-25-2008)

2.04.230   LATER POPULATION ESTIMATE - SALARY ADJUSTMENTS.

1. Following any new or later estimates of population made by the Department of Finance placing the City in a population group other than that set forth in Section 2.04.210, the salary payable to each member of the City Council shall be increased or decreased accordingly to equal the sum prescribed for that population group in Section 36516 of the Government Code as added by Chapter 286 of the Statutes of 1965.
2. The salary as so increased or decreased shall become payable only on and after the date upon which one or more members of the Council become eligible therefore by virtue of beginning a new term of office following the next succeeding general municipal election held in the City. 

2.04.240   SALARY SEPARATE FROM REIMBURSEMENT FOR EXPENSES.

The salaries prescribed in this article are and shall be exclusive of any amounts payable to each member of the City Council as reimbursement for actual and necessary expenses incurred by him in the performance of official duties for the City. (Ord. 362 §5, passed -- 1966.)

IV. MUNICIPAL ELECTIONS

2.04.260   STATUTORY AUTHORITY - DATE DESIGNATED.

Pursuant to the authority of Section 36503.5(a) of the Government Code, the date for the municipal election of the City of Fort Bragg shall be held on the same day as the statewide general election. Pursuant to Elections Code Section 2550, the statewide general election shall be held on the first Tuesday after the first Monday of November in each even-numbered year. (Ord. 566 §2, passed -- 1981; Am.Ord. 785 §1, passed -- 1995)

2.04.280   FUTURE ELECTIONS TO BE HELD ON SAME DAY AS STATEWIDE GENERAL ELECTIONS.

Each future municipal election of the City shall be conducted on the same day as the statewide general election unless the ordinance codified in this article is subsequently repealed. (Ord. 566 §5, passed -- 1981; Am. Ord. 785 §1, passed -- 1995)

2.06.010   TRANSFER OF TAX DUTIES.

The duties of assessing property and collecting taxes provided by law to be performed by the City Assessor and Tax Collector shall hereafter be performed by the County Assessor and County Tax Collector of the County of Mendocino. (Ord. 208 §1, passed -- 1931.)

2.08.010   DUTIES GENERALLY.

The City Clerk shall perform all of the duties imposed upon him or her as required by law excepting only those duties which have been transferred by ordinance to the director of finance. (Ord. 496 §2, passed -- 1978.)

2.08.020   SALARY.

The salary of the City Clerk shall be set by the City Council by resolution as authorized by Government Code Section 36517. The City Clerk's salary may be amended from time to time by subsequent resolution. (Ord. 497 §2, passed -- 1978.)

2.08.030   APPOINTMENT.

On April 8, 1980 the voters of the City of Fort Bragg passed Measure B, making the position of City Clerk appointive rather than elective. Pursuant to Government Code Section 36510 the City Council shall appoint the City Clerk to serve at the pleasure of the City Council. It is not required that the City Clerk be a resident or an elector of the City of Fort Bragg. (Ord. 534 §2, passed -- 1980.)

2.08.040   BOND.

Pursuant to Government Code Section 36518, the City Clerk shall execute a bond to the City of Fort Bragg in an amount to be fixed by the City Council. (Ord. 534 §3, passed -- 1980.)

2.12.010   DUTIES.

The City Treasurer shall perform all of the duties imposed upon him or her as required by law. (Ord. 535 §3, passed -- 1980.)

2.12.020   SALARY.

The salary of the City Treasurer shall be set by the City Council by resolution as authorized by Government Code Section 36517. The City Treasurer's salary may be amended from time to time by subsequent resolution. (Ord. 535 §4, passed -- 1980.)

2.12.030   APPOINTMENT.

On April 8, 1980 the voters of the City of Fort Bragg passed Measure A, making the position of City Treasurer appointive rather than elective. Pursuant to Government Code Section 36510 the City Council shall appoint the City Treasurer to hold office at the pleasure of the City Council. The City Treasurer is not required to be a resident or elector of the City. (Ord. 535 §2, passed -- 1980.)

2.12.040   BOND.

Pursuant to Government Code Section 36518, the City Treasurer shall execute a bond in an amount to be fixed by the City Council. (Ord. 535 §5, passed -- 1980.)

2.16.010   PURPOSE.

The City Council finds and determines that the administrative affairs of the municipal government of the City would be handled more expeditiously, efficiently, and satisfactorily through an officer who, acting on behalf of the City Council, would attend to such administrative affairs, correlate and coordinate various municipal activities, compile data, prepare reports relating to the affairs of City government, and generally act as the agent of the City Council in the discharge of administrative duties. (Ord. 471 §1, passed -- 1976)

2.16.020   OFFICE CREATED - QUALIFICATIONS.

1. There is created in the service of the City the position of City Manager.
2. The City Manager shall be selected by the City Council solely on the basis of his or her executive and administrative qualifications, with special reference to his or her actual experience in, and knowledge of, accepted practices in respect to the duties of his or her office as set forth in this chapter.

(Ord. 471 §2, passed -- 1976)

2.16.030   RESIDENCE.

Residence in the City is not required. (Ord. 471 §3, passed -- 1976)

2.16.040   ELIGIBILITY OF COUNCILMEMBERS.

No person elected to membership on the Council shall be eligible for appointment as
City Manager until one year has elapsed after he or she has ceased to be a member of the Council. (Ord. 471 §4, passed -- 1976.)

2.16.050   APPOINTMENT, TENURE, AND REMOVAL.

1. The City Manager shall be appointed by the City Council and shall hold office at and during the pleasure of the City Council; provided, however, the City Manager shall not be removed from office during or within a period of ninety days next succeeding any general municipal election in the City at which election a member of the City Council is elected, except by a unanimous vote of the members of the City Council.
2. The purpose of this provision is to permit any newly-elected member of the City Council to observe the actions and ability of the City Manager in the performance of the powers and duties of his office.

(Ord. 471 §5, passed -- 1976.)

2.16.060   COMPENSATION AND EXPENSES.

1. The City Manager shall receive such compensation and expense allowances as the City Council shall, from time to time, determine, and such compensation and expenses shall be a proper charge against such funds of the City as the City Council designates.
2. The City Manager shall be reimbursed for all sums necessarily incurred or paid by him in the performance of his or her duties, or incurred when traveling on business pertaining to the City under the direction of, or with the express consent of, the City Council. Reimbursement shall be made only in accordance with an itemized claim setting forth the sums expended or obligation incurred in the manner provided by the City Council for the presentation of claims for reimbursement of expenses of other City officers and employees.

(Ord. 471 §6, passed -- 1976.)

2.16.070   POWERS AND DUTIES.

1. The City Manager shall be the administrative head of the government of the City, under the direction and control of the City Council. He or she shall be responsible for the efficient administration of all the affairs of the City, which affairs are under his or her control.
2. In addition to his or her general powers as administrative head, and not as a limitation thereon, he or she shall have the following powers and duties:
   1. General Supervision. To execute on behalf of the City Council its administrative supervision and control of such affairs of the City as may be placed in his or her charge, or which are not otherwise provided for by the City Council;
   2. Personnel and Organization. To appoint competent, qualified officers and employees (which term is inclusive of all positions excepting the City Clerk, City Treasurer, and City Attorney) and to dismiss, suspend and discipline such officers and employees in accordance with such policies as may from time to time be set forth by the City Council; to transfer employees from one department to another consistent with the policies of the City Council; to recommend to the City Council such reorganization of officers, departments, or divisions as may be indicated in the interest of the efficient, effective and economical conduct of the City's business and to effect such reorganization when authorized by appropriate ordinance, resolution, or motion of the City Council; to prepare an administrative regulation approving and setting forth all position classification descriptions as well as an organizational chart for all positions excepting those enumerated above;
   3. Authority over Officers and Employees. To control, order, and give directions to all heads of departments and subordinate officers and employees of the City, including the City Clerk and City Treasurer, except in matters which by state law are confined to their exclusive and uncontrolled jurisdiction and except the City Attorney;
   4. Rules and Regulations. To prescribe such rules, regulations, and policies as he or she deems necessary or expedient for the conduct of City services, and to revoke, suspend or amend any rule, regulation, or policy established by any officer, department head, or City employee or volunteer;
   5. Shift Work. To temporarily direct any department or division of the City to perform work for any other department, division, or office of the City;
   6. Compensation Plan. To prepare and recommend to the City Council, from time to time, desirable revisions of the compensation plan of the City;
   7. Assist the Council. To attend meetings of the City Council and to report upon, and discuss, any matters concerning the affairs of the departments, services, or activities under his or her supervision upon which, in his judgment, the City Council shall be informed, or upon which his or her views or opinions are requested by City Council;
   8. Carry Out Council Decision. To carry out, on behalf of the City Council, its policies, rules, regulations and laws relating to the administration of the affairs of the City, its departments, divisions and services;
   9. Budget. To supervise the preparation of a detailed, proposed municipal budget and submit the same to the City Council in accordance with the budget scheduled approved by the City Council and to offer his or her recommendations as to such increases, decreases, cancellations, transfers, or changes in any of the items included in the proposed budget as in his or her judgment should be made before adoption of the budget after its final adoption; and to keep the City Council informed with respect thereto;
   10. Public Improvements. To develop and organize public improvement projects and programs, and to aid and assist the City Council and the various departments, services and offices of the City in carrying the same through to a successful conclusion;
   11. Recommendations to the Council. To recommend to the City Council for adoption such measures and ordinances as he or she deems necessary or expedient;
   12. Studies and Reports. To make such surveys, studies, reports and recommendations as he or she may deem desirable on any matter affecting the interest of the people or City as budgeted or as may be requested by the City Council;
   13. Council Agenda. To supervise the preparation of the agenda for all regular, special or adjourned meetings of the City Council in accordance with the laws establishing rules for City Council meetings;
   14. Other City Offices. To serve in any appointed office within the City government to which he or she may be qualified when appointed thereto by the City Council, and to hold and perform the duties thereof at the pleasure of the City Council and without further compensation except as expressly provided by the City Council at the time of such appointment or thereafter;
   15. Mail. To supervise the receipt and opening of all mail addressed in whole or in part to the City Council, or to the Mayor or Mayor Pro Tempore and/or Vice Mayor by title only, and to give immediate attention thereto to the end that all administrative business referred to in such communications, and not necessarily requiring action by the City Council, may be disposed of in an expeditious manner; provided, however, all actions taken pursuant to such communications shall be reported to the City Council at its next regular meeting thereafter, or by separate communication to each member of the City Council;
   16. Enforcement of Laws. To see to the enforcement within the City of the laws of the state and of the City;
   17. Contracts, Franchises, Permits and Licenses. To investigate and see to the faithful performance and observation of all contracts of the City and of all franchises, permits, licenses, and privileges granted by the City;
   18. Complaints. To investigate all complaints in relation to matters concerning the administration of City government; to adjust all proper grievances within the scope of authority provided by City laws and policies, and to report to the City Council all injustices suffered by reason of defects or omissions in the laws, policies, or practices of the city which he or she is not authorized to rectify;
   19. Public Property. To exercise general supervision over all public buildings, public parks and other public property which is under the control and jurisdiction of the City Council, when the general supervision thereof is not specifically delegated to a particular officer;
   20. Community Relations. To explain to the public the actions, purposes and policies of the City government;
   21. Contracts and purchasing.
       1. Unless the City Council expressly provides for another manner; to execute in the name of the City Councill and City all contracts and agreements which are consistent with approved budgets, have been approved by the City Council, or are within the authority granted to the City Manager in Title 3; to approve project change orders not exceeding a total of ten percent (10%) of the City Council approved contract or ten thousand dollars ($10,000), whichever amount is less for any one project, such actions to be reported to the Finance and Administration Committee for inclusion in their committee report to the City Council; to authorize the enforcement provisions of all contracts (with City Council review only if requested by the City Manager); and to select and contract for professional services within approved budget allocations.
       2. To purchase all supplies and service so long as such purchases are within the amount allocated in the approved budget.
       3. In the event of an unforeseen emergency which requires immediate action to authorize funds to protect life or property, or to avoid a violation of regulation, permit or law, and it is not possible to convene a meeting of the City Council to deal with the emergency in a timely fashion, the City Manager may authorize necessary expenditures and/or contract for such services as necessary to resolve the condition. The City Manager shall report on any such expenditure at the next following meeting of the City Council.
   22. Other Powers and Duties. To perform such other duties and exercise such other powers as are necessarily incident to the powers set forth in this section or as may be assigned or delegated to him or her, from time to time, by action of the City Council; and
   23. Water and Sewer. To serve as manager of the "water department" and "sewer district" as defined elsewhere in this code; to make reduction adjustments to water and sewer user billings and connection fees for good cause shown and report same to the Finance and Administration Committee.

(Ord. 471, § 7, passed -- 1976; Am. Ord. 642, § 1, passed --1985; Am. Ord. 738, § 8, passed -- 1992; Am. Ord. 781, § 2, passed -- 1995; Am. Ord. 801, § 1B, passed -- 1997; Am. Ord. 819, § 2(B-F), passed -- 1999; Am. Ord. 882 § 2, passed 5-11-2009)

2.16.080   ADMINISTRATIVE RELATIONSHIPS.

The City Council and its members shall deal with the administrative services of the City only through the City Manager, except for the purpose of inquiry, and neither the City Council, nor any member thereof, shall give orders to any officer or employee of the City under the supervision of the City Manager. The City Manager shall take his or her orders and instructions only from the City Council as a body, and no individual member of the City Council shall give any orders or instructions to the City Manager.  (Ord. 471 §8, passed -- 1976, Am. Ord. 819 §2(G), passed -- 1999)

2.16.090   LIMITATIONS IMPOSED.

The City Manager shall not attempt to establish general policy which is the province of the City Council to determine, nor shall he or she attempt to commit or bind the City Council, or any member thereof, to any action, plan or program requiring official City Council action. It is not intended by the provisions of this chapter to grant any authority to, or impose any duty upon, the City Manager which is now, or hereafter may be vested in or imposed by general state law on any other City commission, department, officer or employee. (Ord. 471 §9, passed -- 1976)

2.16.100   STANDARDS OF PERFORMANCE.

In the discharge of his duties, the City Manager shall endeavor at all times to exercise the highest degree of tact, patience, and courtesy in his or her contacts with the public, with the City Council, and with all City commissions, boards, departments, officers and employees, and shall use his or her best efforts to establish and maintain a harmonious relationship among all personnel employed in the government of the City to the end that the highest possible standards of public service shall be continuously maintained. Pursuant to this goal, the City Manager shall receive full cooperation of the City staff. (Ord. 471 §10, passed -- 1976)

2.18.010   OFFICE CREATED.

There is established in the government of the City the Office of Director of Finance. (Ord. 495 §1, passed -- 1978)

2.18.020   DUTIES AND RESPONSIBILITIES.

The Director of Finance has the following duties and responsibilities:

1. Maintain and operate the general accounting system of the City and of each of the respective divisions and services of the City;
2. Perform such accounting functions and duties in accordance with generally accepted accounting methods and procedures;
3. Maintain inventory records of municipal properties necessary in accordance with modern municipal accounting practices;
4. Perform the functions and duties relating to the administration and collection of taxes, licenses and permit fees levied by the City, except as a portion of these duties have been transferred to the County Assessor and County Tax Collector by City ordinance;
5. Perform the duties relating to preparing, auditing, presenting, and disbursing claims and demands against the City, including payrolls;
6. Assist in the purchase of supplies, goods, wares, merchandise, equipment and materials required by the City;
7. Assist in the preparation of the annual budget and in the administration of the budget; and
8. Cooperate with the other officals of the City in establishing and maintaining sufficient and satisfactory procedures and controls over municipal revenues and expenditures in all departments, divisions and services of the City in accordance with modern municipal accounting practices.

(Ord. 495 §2, passed -- 1978)

2.18.030   REPORT PREPARATION DUTIES.

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

1. A quarterly, or more frequently if requested by the City Council, statement of all receipts, disbursements and balance of accounts of the City;
2. An annual statement of report of the financial condition of the City; and
3. Such other financial reports as the City Council directs.

(Ord. 495 §3, passed -- 1978)

2.18.040   ADDITIONAL DUTIES.

The Director of Finance shall perform other additional duties and functions which the City Council prescribes. (Ord. 495 §4, passed -- 1978)

2.18.050   FINANCIAL AND ACCOUNTING DUTIES OF CITY CLERK TRANSFERRED.

In accordance with Sections 40805.5 and 37209 of the Government Code, the duties imposed upon the City Clerk by Government Code Sections 37201 through 37208 and the financial and accounting duties imposed upon the City Clerk by Sections 40802 through 40805 of the Government Code are transferred to the Director of Finance. (Ord. 495 §5, passed -- 1978)

2.18.060   APPOINTMENT.

The Director of Finance is appointed by the City Manager. The salary of the Director of Finance shall be set by the City Council by resolution and may be amended from time to time by subsequent resolution. (Ord. 864 §2, passed -- 2007)

2.18.070   BOND.

When the Director of Finance enters upon his or her duties he or she shall execute a bond to the City required by Sections 37209 and 36518 of the Government Code. The bond shall conform to the provisions of the Government Code relating to bonds for public officers. The penal sum of the bond is fixed at twenty-five thousand dollars. (Ord. 495 §7, passed -- 1978)

2.20.010   PLANNING COMMISSION - CREATED.

There is created a Planning Commission which shall function as an advisory body to the City Council, and perform such other functions and duties as set forth in this chapter. (Ord. 740 §1, passed -- 1992)

2.20.020   COMPOSITION AND APPOINTMENT OF MEMBERS.

1. There shall be five members of the Planning Commission appointed by the City Council. Each member of the City Council may submit the name of a resident of the City as a nominee for a seat on the Planning Commission. The City Council as a whole shall vote to appoint the nominee, such appointment requiring the affirmative vote of at least three (3) City Councilmembers.
2. Planning Commission members shall be seated for a potential term coinciding with that of the nominating City Councilmember, provided, however, that the commissioners serve at the will of the City Council. The City Council may remove any Planning Commission at any time through the affirmative vote of at least four of the City Councilmembers.

(Ord. 740 §1, passed -- 1992; Am. Ord. 805 §1A, passed -- 1997)

2.20.030   QUALIFICATIONS OF MEMBERS.

Each member of the Planning Commission shall be a registered voter of the City at the time of his or her appointment and during his or her incumbency. (Ord. 740 §1, passed -- 1992)

2.20.040   VACANCIES.

Should a vacancy occur on the Planning Commission and said seat remains vacant for a period of 30 days without being filled by appointment for any reason, the Mayor shall have the authority to fill the vacancy subject to majority of City Council concurrence of said appointment.  (Ord. 740 §1, passed -- 1992; Am. Ord. 805 §1B, passed -- 1997)

2.20.050   CHAIR AND VICE CHAIR.

The Planning Commission shall select one (1) of its members as chair and one (1) member as Vice Chair of the Commission. In case of the absence of the Chair, the Vice Chair shall act as the Chair. (Ord. 740 §1, passed -- 1992)

2.20.060   MEETINGS - MAINTAINING PUBLIC RECORD.

The Planning Commission shall meet at least once a month at such time and place as it may fix by resolution, and shall cause a record to be kept of all of its proceedings, which record shall be a public record. Staff shall be the body utilized by the Commission to cause the record to be made. (Ord. 740 §1, passed -- 1992)

2.20.070   POWERS AND DUTIES GENERALLY.

The Planning Commission shall direct staff to prepare a comprehensive, long-term general plan for the physical development of the City and of any land outside its boundaries which in the Planning Commission's judgment bears relation to its planning. This plan shall be referred to as the General Plan and shall be officially certified as the General Plan of the City upon its adoption by the Planning Commission and the City Council. The General Plan shall be comprised of all mandatory elements set forth in the Government Code and any other elements the Planning Commission or City Council may designate. Amendments shall be conducted pursuant to the Government Code. The Planning Commission shall also recommend to the City Council zoning district changes and shall be the administrative body for conditional use permits and variances, subject to City Council review. It shall also perform such duties and functions which the City Council shall designate to it by ordinance or resolution. (Ord. 875 §10, passed 8-25-2008)

2.20.080   ABSENCE FROM MEETINGS.

In the event a member of the Planning Commission does not attend meetings for a period of sixty days, unless excused for cause by the Chairperson of the Commission the office of such member shall be deemed to be vacant and the term of such member ipso facto terminated. The Secretary of the Commission shall immediately notify the Mayor of such termination. (Ord. 740 §1, passed -- 1992)

2.20.090   POWERS.

The Planning Commission shall have all powers, necessary and incidental, to enable it to carry out its duties per Section 65000, et seq. of the California Government Code. (Ord. 740 §1, passed -- 1992)

2.20.100   RULES.

The Planning Commission shall have the power, by resolution, to adopt rules of procedure governing its meetings, its operation, its conduct of public hearings and the performance of its duties. Such resolution, and all modifications thereof, shall be filed with the City Clerk. (Ord. 740 §1, passed -- 1992)

2.20.110   PRECISE PLANS.

The Planning Commission may and if directed by the City Council shall review Precise Plans based on the General Plan, and recommend approval of such regulations, programs and ordinances as may in its judgment be required for the systematic execution of the master plan, and the Planning Commission may recommend such plans and ordinances to the City Council for adoption. The scope of such Precise Plans, their adoption and administration shall be governed by the provisions of Section 65000, et seq. of the Government Code. (Ord. 875 §11, passed 8-25-2008)

2.20.120   SUBDIVISIONS.

The Planning Commission shall advise and recommend to the City Council the approval or disapproval or modification of all maps or plats of land subdivisions. (Ord. 740 §1, passed -- 1992)

2.20.130   ZONING.

The Planning Commission shall have the powers and perform the duties with respect to the adoption or administration of zoning regulations as are specified in Sections 65000, et seq. of the Government Code. In this respect, the Planning Commission shall operate as a board of zoning adjustment. (Ord. 740 §1, passed -- 1992)

2.20.140   APPEALS.

Appeals for actions of the Planning Commission shall be in accordance with Titles 17 and 18 of the Fort Bragg Municipal Code. (Ord. 740 §1, passed -- 1992)

2.22.010   OFFICE CREATED.

There is established in the government of the City the Office of City Engineer.  The City Engineer shall serve under the authority of the Director of Public Works. (Ord. 705 §2, passed -- 1989; Am. Ord. 816 §1(part), passed 1999)

2.22.020   DUTIES AND RESPONSIBILITIES.

The City Engineer has the following duties and responsibilities:

1. Attend City Council meetings as necessary and as directed by the City Manager or Director of Public Works.
2. Attend Technical Advisory Committee meetings as necessary and as directed by the City Manager or the Director of Public Works.
3. Provide engineering consultation with respect to the City water and wastewater systems, drainage, traffic flow, and street improvements.
4. Provide engineering and prepare plans, specifications, and bid documents for minor projects.
5. Provide construction contract management services.
6. Assist in preparation of Community Development and Public Works Department budgets.
7. Assist in preparation of capital improvement projects, including cost estimates.
8. Review all subdivision maps, lot line adjustments, drainage plans, and other improvement plans.
9. Perform plan check and review of engineering in support of building permit process.
10. Develop and recommend timely updates to an engineering services fee schedule.
11. Provide a monthly report of activities to the City Manager.
12. Attend meetings of City Council Public Works and Facilities Committee as necessary and as directed by the City Manager or Director of Public Works.
13. Assists land surveying functions for the City as necessary and as directed by the Director of Public Works.

(Ord. 705 §1, passed 1989; Am. Ord. 816 §1(part), passed -- 1999)

2.24.010   PURPOSES.

The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the protection of persons and property within the City in the event of an emergency; the directions of the emergency organization; and the coordination of the emergency functions of this City with all other public agencies, corporations, organizations, and effected private persons. (Ord. 859 §1, passed -- 2006)

2.24.020   DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicatesor requires a different meaning.

DIRECTOR. The Director of Emergency Services for the City.
EMERGENCY. A local emergency, state of emergency, state of war emergency or national emergency.
EMERGENCY ORGANIZATION. All officers and employees of the City, together with those disaster service volunteers registered and enrolled to aid them during an emergency, and all groups, organizations, and persons who, by agreement or operational support by law, may be impressed into service under provisions of California law.
LOCAL PROCLAMATION OF AN EMERGENCY. The duly proclaimed existence of conditions of disaster or extreme peril to the safety of persons and property within the jurisdiction boundary limits of the City, caused by such conditions as fire, flood, severe storm, tsunami, public health epidemic, air pollution, drought, energy shortage, plant or animal infestation or disease, the Governor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from labor controversy, which conditions are, or likely to be, beyond the control of the services, personnel, equipment, and facilities of the City and required combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, and sudden energy shortage which require extraordinary measures beyond the authority vested in the California Public Utilities Commission.
NATIONAL EMERGENCY. A proclamation by the President of the United States of the existence of a national emergency.
STATE OF EMERGENCY. The duly proclaimed, by the Governor or Director of the California Governor's Office of Emergency Services, 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, severe storm, public health epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation, or disease, the Governor's warning of an earthquake, tsunami or volcanic prediction, or an earthquake, tsunami, or other conditions other than conditions causing a "state of war emergency", which conditions, by reason of their magnitude are, or are likely to be, beyond the control of the services, personnel, equipment, and facilities of any single county, City, and county and City and require the combined forces of a mutual aid region or regions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage which requires extraordinary measures beyond the authority vested in the California Public Utilities Commission.
STATE OF WAR EMERGENCY. The condition, which exists immediately, with or without the proclamation thereof by the Governor, whenever this state or nation is attacked by an enemy of the United States, or upon receipt by the state of a warning from the federal government indicating that such an enemy attack is probable or imminent.
SUDDEN AND SEVERE ENERGY SHORTAGE. A rapid, unforeseen shortage of energy resulting from, but not limited to, events such as an embargo, sabotage, or natural disaster, and which has a statewide, regional, or local impact.
UNAVAILABLE. An elected official or appointed official who is either killed, missing, is absent from the City during a period of declared emergency as described herein, or is so seriously injured or for any other reason is unable to attend meetings and otherwise perform his or her duties and obligations assigned to such official under this ordinance or under any other applicable laws, regulations, or declarations governing emergency situations.

(Ord. 859 §1, passed -- 2006)

2.24.030   DIRECTOR AND ASSISTANT DIRECTOR OF EMERGENCY SERVICES - ALTERNATES.

1. There is hereby created the Office of Director of Emergency Services. The City Manager is hereby designated the Director of Emergency Services.
2. There is hereby created the Office of Assistant Director of Emergency Services. The Chief of Police is hereby designated the Assistant Director of Emergency Services.

2.24.040   PROCLAMATION OF EMERGENCY.

1. Upon a request by the Director, or on its own initiative, the City Council may proclaim the existence or the threatened existence of a local emergency when circumstances exist. Said proclamation shall be in writing and shall take effect immediately.
2. If the City Council is not in session, the Director may proclaim the existence or the threatened existence of a local emergency when circumstances exist in protection of life, property and environment. Said proclamation shall be in writing and shall take effect immediately. When a local emergency is proclaimed by the Director, the City Council shall review and ratify the proclamation at the next regularly scheduled City Council meeting or the proclamation shall have no further force or effect.
3. At least every 21 days after the proclamation of a local emergency and until said local emergency is terminated, the City Council shall review the continuing need for a local emergency and shall terminate the local emergency at the earliest possible date the conditions warrant.
4. The City Council may, by resolution, request the Governor to proclaim a state of emergency when the locally available resources are inadequate to cope with the emergency.

(Ord. 859 §1, passed -- 2006)

2.24.050   EMERGENCY OPERATION PLANS - ELEMENTS - ADOPTION.

The Director shall be responsible for the development of the City emergency operation plan and operational contingency plans which shall provide for the effective mobilization of all of the resources of the City, both public and private, to meet any condition constituting a local emergency, state of emergency, state of war emergency, or national emergency. Said emergency plan shall include such elements as continuity of government, the mobilization of resources, mutual aid, and public information; and shall describe the principles and methods to be applied in carrying out emergency operations for rendering mutual aid during emergencies; and, shall provide for the organization, powers, and duties, services, and staff of the emergency organization. Said plan shall take effect upon approval of the City Council. Said plan may be revised from time to time as determined appropriate by the Director. (Ord. 859 §1, passed -- 2006)

2.24.060   POWERS AND DUTIES OF DIRECTOR AND ASSISTANT DIRECTOR.

1. The Director shall control and direct the efforts of the emergency organization of the City for the accomplishment of the purposes of this chapter.
2. The Director shall coordinate the services and staff of the emergency organization of the City; and resolve questions of authority and responsibility that may arise within personnel and staff of the emergency organization.
3. The Director shall represent the City in all public dealings with public and private agencies on matters pertaining to emergencies as defined herein.
4. The Assistant Director shall have such powers and duties as may be assigned by the Director.

(Ord. 859 §1, passed -- 2006)

2.24.070   POWERS AND DUTIES OF DIRECTOR DURING EMERGENCY.

1. In the event of a proclamation of a local emergency, or the proclamation of a state of emergency, or state of war emergency by the governor, or the existence of a national emergency by the president, the Director is hereby empowered:
   1. To promulgate orders and regulations necessary to provide for the protection for the life and property, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety. Such orders and regulations shall be in writing and shall be confirmed at the earliest practical time by the City Council.
   2. To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the City for the fair value thereof, and, if required immediately, to commandeer the same for the public use.
   3. To require emergency services of any City officer or employee, and to command the aid of as many citizens of this community as the Director deems necessary in the execution of the director's duties. In the event the aid of private citizens is necessary, such persons shall register as volunteers in accordance with the City emergency operations plan. Such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers.
   4. To requisition necessary personnel or material of any City department or agency.
   5. To execute all of his or her ordinary powers as City Manager, as well as to execute all of his or her special powers conferred by this chapter, emergency operations plan, contingency plans, any agreement approved by the City Council, or by any other lawful authority.
2. Notwithstanding the provisions of the section, the Director is not authorized to commandeer any newspaper, newspaper wire service, or radio or television station, but if no other means of communication is available, the Director may utilize any news service, and the City shall pay the reasonable value of such use. In so utilizing any such facilities, the Director shall interfere as little as possible with the facilities' transmission of news.

(Ord. 859 §1, passed -- 2006)

2.24.080   CONTINUITY OF GOVERNMENT.

1. In the event of a proclamation of local emergency, state of emergency, state of war emergency, or national emergency, when fewer than a quorum of City Councilmembers are available, the City Council shall proceed to reconstitute itself by filling vacancies until there are sufficient members to form a quorum as required by law. The available City Councilmembers shall fill vacancies by appointment. Should no City Councilmembers be available, the Chair of the County Board of Supervisors shall appoint members to the City Council until there are sufficient members to form a quorum as required by law.
2. In the event a Councilmember becomes available after a period of being unavailable, that Councilmember shall resume his or her office.
3. Emergency appointments to the City Council as authorized herein shall be temporary, and shall last only until such time as either an elected Councilmember becomes available, or a special election may be held.
4. In the event the City Manager is, or becomes, unavailable and is therefore unable to serve as Director, the Chief of Police shall serve as both City Manager and Director. In the event the Chief of Police is, or becomes, unavailable to serve as Director and City Manager, the Director of Public Works shall serve as both City Manager and Director. Thereafter, in the event of unavailability, the order of succession to serve as Director and City Manager shall be the Finance Director. If the City Manager becomes available, he or she shall resume the Office of Director and City Manager.

(Ord. 859 §1, passed -- 2006)

2.24.090   EXPENDITURES.

Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City. (Ord. 859 §1, passed -- 2006)

2.24.100   EMERGENCY SERVICES JOINT POWERS AGREEMENT.

The City Council may participate in an emergency services joint powers agreement with any other jurisdiction(s) in Mendocino County, to include cities, districts, or other public agencies. (Ord. 859 §1, passed -- 2006)

2.24.110   PUNISHMENT OF VIOLATIONS.

It shall be a misdemeanor, and upon conviction thereof shall be punishable as provided in Chapter 1.12, for any person, during an emergency, to:

1. Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter or in the performance of any duty imposed upon him or her by virtue of this chapter.
2. Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter if such act is of such a nature as to give or be likely to give assistance to the enemy or to imperil the lives or property of inhabitants of this City, or to prevent, hinder, or delay the defense or protection thereof.
3. Wear, carry, or display, without authority, any means of identification specified by the Director of Emergency Services of this City or emergency agency of the State of California.

(Ord. 874 §3, passed 8-25-2008)

2.30.010   TECHNICAL ADVISORY COMMITTEE CREATED.

There is created a Technical Advisory Committee which shall function as an advisory body to the Planning Commission and City Council, and perform such other functions and duties as set forth in this chapter. (Ord. 816 §2, paseed -- 1999)

2.30.020   COMPOSITION AND APPOINTMENT OF MEMBERS.

The members of the Technical Advisory Committee shall be as follows:

1. Building Inspector,
2. County Health Department designee,
3. Community Development Director or designee,
4. Police Chief or designee,
5. Director of Public Works or designee, and
6. Fire Chief or designee.

(Ord. 875 §12, passed 8-25-2008)

2.30.030   QUALIFICATIONS OF MEMBERS.

Each member of the Technical Advisory Committee shall be employed by the particular agency at the time of his or her appointment and during his or her incumbency. (Ord. 816 §2, passed -- 1999)

2.30.040   VACANCIES.

Should a vacancy occur on the Technical Advisory Committee and said seat remains vacant for a period of 30 days without being filled by appointment for any reason, the Chair shall have the authority to appoint an alternative member. Any person so appointed by the Chair to fulfill the vacancy shall be terminated upon employment by an individual to permanently fill the position vacated. (Ord. 816 §2, passed -- 1999.)

2.30.050   CHAIR AND VICE CHAIR.

The Technical Advisory Committee shall elect one of its members as Chair and one of its members as Vice Chair of the Committee. In case of the absence of the Chair, the Vice Chair shall act as the Chair. (Ord. 816 §2, passed -- 1999)

2.30.060   MEETINGS - MAINTAINING PUBLIC RECORD.

The Technical Advisory Committee shall meet at least once a month at such time and place as it may fix by resolution, and shall cause a record to be kept of all of its proceedings, which record shall be a public record. Staff shall be the body utilized by the Committee to cause the record to be made. (Ord. 816 §2, passed -- 1999)

2.30.070   GENERAL DUTIES.

The Technical Advisory Committee shall function as an advisory board to City staff on temporary activities such as carnivals, circuses, or other similiar events. (Ord. 875 §13, passed 8-25-2008)

2.30.080   ABSENCE FROM MEETINGS.

In the event a member of the Committee does not attend meetings for a period of sixty days, unless excused for cause by the Chair of the Committee, the Chair will notify the supervisor of the Committee member advising him or her of those unexcused absences. (Ord. 816 §2, passed -- 1999)

2.30.110   APPEALS.

Appeals for actions of the Technical Advisory Committee shall be in accordance with Titles 17 and 18 of the Fort Bragg Municipal Code. (Ord. 816 §2, passed -- 1999)

2.36.010   DESIRE TO QUALIFY FOR STATE AID.

The City Council declares that it desires to qualify to receive aid from the State of California under the provisions of Chapter 1 of Title 4, Part 4 of the California Penal Code. (Ord. 392 §1, passed -- 1971)

2.36.020   RECRUITMENT AND TRAINING STANDARDS.

Pursuant to Section 13522 of said Chapter 1, the City will adhere to the standards for recruitment and training established by the California Commission on Peace Officer Standards and Training. (Ord. 392 §2, passed -- 1971)

2.40.010   UNCLAIMED PROPERTY DEFINED.

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

UNCLAIMED PROPERTY. Personal property of others taken into the possession of the Police Department, left in its possession or turned over to it by persons who found or received the same, except:

1. Property subject to confiscation under the laws of this state or the United States; and
2. Vehicles, the storage, sale or disposition of which is governed by the provisions of the Cal. Vehicle Code.

(Ord. 402 §1, passed -- 1972)

2.40.020   HOLDING PERIODS.

Except as otherwise provided in this chapter, all unclaimed property in the possession of the police department shall be held and stored by the Chief of Police for a period of at least ninety (90) days. (Ord. 875 §16, passed 8-25-2008)

2.40.030   RESTORATION TO LEGAL OWNER.

The Chief of Police shall restore unclaimed property in the possession of the Police Department to its legal owner upon proof of such ownership satisfactory to him or her and upon the payment of all reasonably necessary costs incurred in the care and protection thereof and cost of publication, if any. Where any such property may be needed or required as evidence in any criminal proceeding, the Chief of Police shall delay the restoration of such property to its legal owner until the conclusion of such proceedings. If such property is introduced as evidence in a criminal case, it shall be disposed of only upon order of the proper court. If the legal owner is a person prohibited by law from possessing such property, restitution shall not be made. (Ord. 402 §3, passed -- 1972)

2.40.040   FOUND OR SAVED PROPERTY.

Where lost money or other lost personal property is found or saved by a person other than in the course of employment as an employee of any public agency and is turned over to the Police Department in accordance with the provisions of the Civil Code of the State of California, or otherwise, and no owner appears and proves his ownership of such property within sixty days thereafter, the Police Department shall, if such property is of a value of ten dollars or more, cause to be published at least once in a newspaper of general circulation notice of the found or saved property. If, after seven days following the first publication of the notice, no owner appears and proves his ownership of the property, the property shall be returned to the finder on payment of all reasonable charges, including cost of publication. The Police Department may require the finder to deposit with it an amount sufficient to cover the cost of publication before so proceeding. Where such property is of a value of less than ten dollars, it may be returned to the finder without publication of notice after expiration of the minimum applicable holding period specified in Section 2.40.020, if no owner appears and proves his ownership of the property. The provisions of this section shall not apply where the finder is a person prohibited by law from possessing such property. (Ord. 875 §17, passed 8-25-2008)

2.40.050   SALE OF DEVALUATING PROPERTY.

Notwithstanding the foregoing provisions, when any unclaimed property in the possession of the Police Department is in danger of perishing or of losing the greater part of its value; or when the reasonably necessary costs incurred in the care and protection of any such property amount to two-thirds of its value, the Police Department may sell such property by public auction in the manner and upon the notice of sale of personal property under execution, if it is a thing which is commonly the subject of sale, when the owner cannot, with reasonable diligence, be found, or being found, refuses upon demand to pay the reasonably necessary costs incurred in the care and protection thereof. (Ord. 402 §5, passed -- 1972)

2.40.060   PUBLIC AUCTION.

All unclaimed property received by the Police Department shall be offered for sale at public auction to the highest bidder, or offered for sale to the public at a reasonable price set by the Chief of Police or his or her designee, or donated to a non profit organization, except as follows:

1. Unclaimed property having no monetary value shall be destroyed unless some other disposition can be made of such property which would be in the public interest;
2. Unclaimed property of a type or kind for which a permit or license to sell the same is required by state or federal law shall be destroyed unless some other disposition can be made of such property which would be in the public interest;
3. Unclaimed property determined by the Police Department to be needed for the use of the City or other public use shall be retained and need not be sold.

(Ord. 875 §18, passed 8-25-2008)

2.40.070   NOTICE OF SALE OF PROPERTY.

Before offering any unclaimed property for sale, the Police Department shall publish at least once in a newspaper of general circulation published in the county a notice of its intention to sell such unclaimed property at public auction to the highest bidder or offer such property for sale to the public at a reasonable price set by the Chief of Police or his or her designee, or donate such property to a non profit organization, at the time and place therein specified. (Ord. 875 §19, passed 8-25-2008)

2.40.080   SALE TO HIGHEST BIDDER.

All sales of unclaimed property by the Police Department shall be held not less than five days after publication of the notice of intention to sell in a newspaper of general circulation published in the county. Items shall be sold at public auction to the highest bidder or offered for sale to the public at a reasonable price set by the Chief of Police or his or her designee, or donated to a non profit organization. Where the particular item offered for sale is one which certain persons are prohibited by law from possessing, using or consuming, such persons shall not be permitted to participate in the bidding on such items. (Ord. 875 §20, passed 8-25-2008)

2.40.090   DISPOSITION OF PROCEEDS FROM SALE.

Proceeds received from the sale of unclaimed property by the Police Department shall be delivered to the City Treasurer for deposit in the general fund. (Ord. 402 §9, passed -- 1972)

2.40.110   EXPENSES ABSORBED BY POLICE DEPARTMENT.

The expenses connected with a sale of unclaimed property by the Police Department shall be a proper charge against the funds of the Police Department. (Ord. 402 §11, passed --  1972)

2.44.010   CONTRACT AUTHORIZED.

A contract between the City Council and the Board of Administration, California State Employees' Retirement System is authorized, a copy of said contract being on file in the Human Resources Department, and, by such reference, is made a part of this chapter as though set out in full in this chapter. (Ord. 875 §22, passed 8-25-2008)

2.44.020   EXECUTION OF CONTRACT.

The Mayor or the City Council is authorized, empowered and directed to execute the contract in Section 2.44.010 for and on behalf of said agency. (Ord. 370 §2, passed -- 1967)

2.44.030   AMENDMENT AUTHORIZED.

An amendment to the contract between the City Council and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said agreement being on file in the Human Resources Department and by such reference made a part hereof as though herein set out in full. (Ord. 875 §23, passed 8-25-2008)

2.44.040   EXECUTION OF AMENDMENT.

The Mayor of the City of Fort Bragg is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. (Ord. 549 §2, passed -- 1982; Am. Ord. 748 §2, passed -- 1992; Am. Ord. 822 §2, passed -- 1999)

2.48.010   DESIGNATED.

The fiscal year for the City shall begin on July 1st and end on June 30th of each calendar year, beginning July 1, 1956. (Ord. 315 §2, passed -- 1955; Am. Ord. 691 §4, passed -- 1988)

2.52.010   DESIGNED - ARREST AUTHORITY.

There may be designated one or more employee positions of the City to be entitled "parking-control" for the purposes of issuing citations for illegal parking within the City limits. Said employees shall be authorized by this chapter to arrest persons, without a warrant, whenever said employee has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his or her presence which is a violation of a statute or ordinance which such employee has the duty to enforce. ( Ord. 453(A), passed -- 1975; Am. Ord. 691 §5, passed -- 1988)

2.52.020   NOTICE TO APPEAR.

In any such case in which a person is arrested pursuant to Section 2.52.010, and the person arrested does not demand to be taken before a magistrate, the employee making the arrest shall prepare a written notice to appear and release the person on his promise to appear, as prescribed by Chapter 5C (commencing with Section 835.6) of the Penal Code. The provisions of such chapter shall thereafter apply with reference to any proceeding based upon the issuance of a written notice to appear pursuant to this authority. (Ord. 453(B), passed -- 1975)

2.52.030   LOCAL AGENCIES - AUTHORITY.

The governing body of a local agency, by ordinance, may authorize those of its officers and employees who have the duty to enforce such a statute or ordinance to arrest persons for violations of such statute or ordinance as provided in Section 2.52.010. (Ord. 453(C), passed -- 1975)

2.60.010   STATUTORY AUTHORITY.

It is hereby found and declared, pursuant to Cal. Health and Safety Code § 33101 , that there is a need for the Redevelopment Agency created by § 33100 of said law to function in the City. The agency is hereby authorized to transact business and exercise its powers under the Community Redevelopment Law, and shall be known as the "Fort Bragg Redevelopment Agency." (Ord. 661 §1, passed 1986)

2.60.020   CITY COUNCIL REDEVELOPMENT AGENCY POWERS.

Pursuant to Cal. Health and Safety Code § 33200, the City Council does hereby declare itself to be the agency, and all the rights, powers, duties, privileges and immunities vested by law in a redevelopment agency shall be vested in the City Council, except as otherwise provided by law. (Ord. 661 §2, passed -- 1986)

2.60.030   PROVISIONS FILED WITH STATE.

The Redevelopment Agency, authorized by this chapter to function, shall cause a certified copy of the ordinance codified in this chapter to be filed in the Office of the Secretary of State. (Ord. 661 §4, passed -- 1986)

2.62.010   PURPOSE AND INTENT.

The purposes and intent of the City with respect to the project area are:

1. To eliminate the conditions of blight existing in the project area;
2. To prevent recurrence of blighting conditions within the project area;
3. To provide for participation by owners and tenants and reentry preferences to persons engaged in business within the project area to participate in the redevelopment of the project area; to encourage and ensure the development of the project area in the manner set forth in the proposed redevelopment plan; and to provide for the relocation of any residents, if any, displaced by the effectuation of the proposed redevelopment plan;
4. To improve and construct or provide for the construction of public facilities, roads, and other public improvements and to improve the quality of the environment in the project area to the benefit of the project area and the general public as a whole;
5. To encourage and foster the economic revitalization of the project area by protecting and promoting the sound development and redevelopment of the project area and by replanning, redesigning, or developing portions of the project area which are stagnant or improperly utilized because of the lack of adequate utilities and because of other causes;
6. To provide housing as required to satisfy the needs and desires of the various age, income and ethnic groups of the community.

(Ord. 676 §1, passed -- 1987)

2.62.020   APPROVAL.

The proposed redevelopment plan for the Fort Bragg Redevelopment Project is hereby approved, adopted and designated as the official redevelopment plan for the Fort Bragg Redevelopment Project, and is hereby incorporated herein by reference and made a part hereof as if fully set forth at length herein, a copy shall be kept on file with the City Clerk. (Ord. 875 §25, passed 8-25-2008)

2.62.030   DETERMINATION.

The City Council hereby finds and determines that:

1. The project area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the Community Redevelopment Law of the State of California and specifically that the project area is characterized by the existence of buildings and structures, used or intended to be used for living, commercial, industrial, or other purposes, or any combination or such uses, which are unfit or unsafe to occupy for such purposes and are conducive to ill health, transmission or disease, infant mortality, juvenile delinquency, and crime because of any one (1) or a combination of the following factors:
   1. Faulty interior arrangement and exterior spacing;
   2. High density of population and overcrowding;
   3. Inadequate provision for ventilation, light sanitation, open spaces, and recreation facilities; and is further characterized by properties which suffer from economic dislocation, deterioration or disuse because of one or more of the following factors:
      1. The subdividing and sale of lots of irregular form and shape and inadequate size for proper usefulness and development;
      2. The laying out of lots in disregard of the contours and other topography or physical characteristics of the ground and surrounding conditions;
      3. The existence of inadequate public improvements, public facilities, open spaces, and utilities which cannot be remedied by private or governmental action without redevelopment;
   4. The prevalence of depreciated values, impaired investments and social and economic maladjustment; which conditions cause a reduction of, or lack of, proper utilization of the area to such an extent that it constitutes a serious physical, social or economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone;
2. The redevelopment plan will redevelop the project area in conformity with the Community Redevelopment Law of the State of California in the interests of the public peace, health, safety and welfare;
3. The adoption and carrying out of the redevelopment plan is economically sound and feasible;
4. The redevelopment plan conforms to the General Plan of the City of Fort Bragg;
5. The carrying out of the redevelopment plan will promote the public peace, health, safety and welfare of the City of Fort Bragg and will effectuate the purposes and policies of the Community Redevelopment Law of the State of California;
6. The Agency has a feasible method or plan for the relocation of families and persons to be temporarily or permanently displaced from housing facilities in the project area;
7. There are or are being provided in the project area or in other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons displaced from the project area, if any, decent, safe and sanitary dwellings equal in number to the number of and available to such displaced families and persons and reasonably accessible to their places of employment;
8. Inclusion within the project area of any lands, buildings or improvements which are not detrimental to the public health, safety or welfare is necessary or the effective redevelopment of the area which they are a part; and any such area included is necessary for effective redevelopment of the project area and is not included for the purpose of obtaining the allocation of tax increment revenues from such area pursuant to § 33670 of the Community Redevelopment Law without other substantial justification for its inclusion;
9. The elimination of blight and redevelopment of the project area cannot be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency;
10. The provision of low and moderate income housing outside the project area will be of benefit to the project;
11. The effect of tax increment financing will not cause significant financial burden or detriment on any taxing agency deriving revenues from a project area.

(Ord. 676 §3, passed -- 1987)

2.62.040   IMPLEMENTATION.

In order to implement and facilitate the effectuation of the redevelopment plan hereby approved and adopted, it is found and determined that certain official actions must be taken by the City Council with reference, among other things, to changes in zoning, the vacating and removal of the streets, alleys and other public ways, the establishment of new street patterns, the location and relocation of sewer and water mains and other public facilities, and other public action, and accordingly, the City Council hereby:

1. Declares its intention to undertake and complete any proceedings necessary to be carried out by the City under the provisions of the redevelopment plan; and
2. Requests the various officials, departments, boards, commissions, and agencies of the City having administrative responsibilities with respect to the project likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the redevelopment plan.

(Ord. 676 §4, passed -- 1987)

2.62.050   HOUSING FACILITY DISPLACEMENT.

The City Council is satisfied that permanent housing facilities will be available within four (4) years from the time occupants of the project area are displaced, if any, and that pending the development of such facilities there will be available to such displaced occupants adequate temporary housing facilities at rents comparable to those in the City at the time of their displacement. No persons or families of low and moderate income shall be displaced from residences unless and until there is a suitable housing unit available and ready for occupancy by such displaced person or family at rents comparable to those at the time of their displacement. Such housing units shall be suitable to the needs of such displaced persons or families and must be decent, safe, sanitary and otherwise standard dwellings. The Agency shall not displace such person or family until such housing units are available and ready for occupancy. (Ord. 676 §5, passed -- 1987)

2.62.055   COMPLIANCE WITH CALIFORNIA COMMUNITY REDEVELOPMENT LAW, CAL. HEALTH AND SAFETY CODE § 33333.6.

1. The time limitation to receive property taxes to pay indebtedness or to receive property taxes pursuant to § 33670 under the Plan is 7-13-2037 (ten years from the date of termination of the Plan, 7-13-2027), except to the extent a longer period of time may be allowed pursuant to California Health and Safety Code § 33333.6 or other provisions of the Community Redevelopment Law.
2. Except to the extent a longer period of time may be allowed pursuant to California Health and Safety Code § 33333.6 or other provisions of the Community Redevelopment Law, the time limitation as to the effectiveness of the Redevelopment Plan shall be 6-23-2027.
3. No action with respect to the time limitation set forth in California Health and Safety Code § 33333.6(e)(2)(B) is being taken at this time but the right to consider extension of the time limitation is being reserved.
4. The City Council finds and determines amendments to the Plan as adopted by this chapter are in compliance with the time limitations set forth in California Health and Safety Code § 33333.6.
5. The Plan shall remain in full force and effect, unmodified except to the extent of those particular amendment expressly set forth in this chapter.

(Ord. 774 §§1-6, passed -- 1994; Am. Ord. 865, §1, passed 6-25-2007)

2.62.060   VALIDITY.

If any part of this chapter or the redevelopment plan which it approves are held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this chapter or of the redevelopment plan, and the City Council hereby declares that it would have passed the remainder of this chapter or approved the remainder of the redevelopment plan if such invalid portion thereof had been deleted. (Ord. 676 §6, passed -- 1987)

2.68.010   PURPOSE.

The public health, safety, and welfare of the residents of said City demand competent, qualified, trained, and experienced police officers and employees of its Police Department. This goal can only be reached and maintained in the future by maintaining compensation, salaries, and benefits competitive with other law enforcement agencies within the County of Mendocino of the State of California. (Ord. 672 §1, passed -- 1986)

2.68.020   SALARY.

Beginning the first day of the month following the effective date of this chapter, and the first day of January of each succeeding January thereafter, the City Council shall determine the then existing monthly salaries of each classification of like or comparable grades or ranks (including experience, education, and training) of the police departments of the City of Willits and the City of Ukiah of the County of Mendocino, State of California, and of the sheriff's department of said County of Mendocino of the State of California. The average of the salaries for each of the comparable grades or ranks (including experience, education, and training) of the members of the Police Department of the  City of Willits, the Police Department of the City of Ukiah, and the Sheriff's Department of the County of Mendocino shall be the minimum salaries payable by the City to the members and employees of its Police Department of the same or comparable grades or ranks (including experience, education and training) as so adjusted on the first day of the month following the effective date of this chapter, and the first day of January of each succeeding January thereafter. (Ord. 672 §2, passed -- 1986)

2.68.030   BENEFITS AND ADDITIONAL COMPENSATION.

Except as provided in immediately preceding § 2.68.020, all other benefits and additional compensation provided or payable by the City to or for the members and employees of its Police Department shall be no less than those set forth in Resolution 1296-85 ("A Resolution of the City Council of the City of Fort Bragg Adopting the Compensation Plan for Fort Bragg Police Employees") as passed and adopted at a regular meeting of the City Council of the City of Fort Bragg on January 14, 1985. (Ord. 672 §3, passed -- 1986)

2.70.010   CRIMINAL HISTORY INFORAMTION - ACCESS BY CITY MANAGER.

1. Only the duly appointed City Manager working directly through the office of the Chief of Police, and the Chief of Police and City Council are hereby authorized to have access to the "State Summary Criminal History Information" as provided for in Cal. Penal Code § 11105 for the purpose of evaluating the criminal history of prospective City employees to assure compliance with § 2.70.010.
2. If any section, sentence, subsection, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the chapter. The City Council of the City of Fort Bragg hereby declares that it would have passed this chapter, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one (1) or more other sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional.

(Ord. 762 §§2-3, passed -- 1993)

Statutory reference - Chapter 2.04:

Salary schedules for City Councilmembers, see Cal. Government Code § 36516.

Scheduling of City Council meetings, see Cal. Government Code §§ 36805 through 36809.

The power of the Mayor in regard to City Council meetings, see Cal. Government Code §§ 36802 and 36803; for the provision indicating that the Council may establish rules for the conduct of its proceedings, see Cal. Government Code § 36813.

Statutory reference - Chapter 2.08:

The position of City Clerk, see Cal. Government Code §§ 36501 and 40801 et seq.

The provision stating that the compensation of the Clerk shall be fixed by ordinance or resolution, see Cal. Government Code § 36517.

Statutory reference - Chapter 2.12:

Statutory reference - Chapter 2.16:

Any reference in the Municipal Code to City Administrator has been changed to City Manager pursuant to Fort Bragg Municipal Ordinance 819.

Editor's Note - Chapter 2.20:

Amendments that are not ordinance specific have been made in Titles 2, 17, and 18 to reflect the creation of a Planning Commission. Authority is pursuant to Cal. Government Code §§ 65100 et seq. and Fort Bragg Municipal Ordinance 740.

Statutory reference - Chapter 2.24:

Statutory reference - Chapter 2.36:

Editor's Note - Chapter 2.44:

Prior ordinance history for §§ 2.44.030 and 2.44.040; Ord. 438.

Statutory reference - Chapter 2.44:

Statutory reference - Chapter 2.48:

Editor's Note - Chapter 2.62:

The complete adopted Fort Bragg Redevelopment Plan and environmental documentation is on file in the office of the City Clerk.

Editor's Note - Chapter 2.68:

Ordinance 668 was approved by a vote of the people on 11-4-1986.