City of Firebaugh, CA
Fresno County
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Table of Contents
Table of Contents
[Ord. #2, S1 & 2; Ord. #269, S1; Ord. #335, S1; Ord. #364, S1; New; Ord. #83-5, S1; Ord. #87-6, S1; Ord. #99-07, S1]
Regular meetings of the City Council shall take place at such location, on such days and at such time as provided from time to time by resolution of the City Council. Special meetings of the City Council shall take place at such location, on such date and at such time as specified by the Mayor or City Council in the notice of the special meeting. All regular meetings and special meetings of the City Council shall be held within the jurisdictional boundaries of the City except as otherwise provided or permitted by law.
Notice of all regular and special City Council meetings shall be given by the City Manager in accordance with the law. The notice and the agenda prepared for each meeting shall state the place, date and time of the meeting.
Special meetings of the City Council may be called by the Mayor, or by at least three Council members, by written notice delivered personally or by mail to each Council member at least 24 hours prior to the time specified in the notice for the proposed special meeting.
[New]
No business shall be brought before the City Council without having first been referred to the City Manager for scheduling on the Council agenda.
[Ord. #4, S3]
Ordinances may be given their first reading upon introduction by reading the title only. Second reading and final passage of the ordinances may be by title only unless a full reading is requested by a majority of the members.
[New]
Minutes of all regularly scheduled and special Council meetings shall be maintained by the City clerk in a manner facilitating ready reference and in compliance with the government code of the State of California.
[Ord. #4, S6, New; Ord. #05-04, S2]
a. 
The following shall constitute the order of business to be followed in conducting the regular meetings of the Council.
Order of Business
1. 
Call to order.
2. 
Pledge of allegiance.
3. 
The business as listed on the posted agenda.
4. 
City Manager items.
5. 
City Council items.
6. 
Executive session (as required).
7. 
Adjournment.
b. 
The members of the public shall address their remarks to the Mayor and other members of the Council and not to the citizens who may happen to be in attendance.
c. 
The regular order of business may be suspended by a majority vote for the accommodation of nonresidents and others who may have business before the Council, or for any other purpose.
[Ord. #4, S7; Ord. #09-05, S1]
Any member or other person using profane, vulgar, loud or boisterous language at any meeting, or otherwise interrupting the proceedings of a City Council meeting, or who refuses to be seated or to be kept quiet when directed to do so by the Mayor or Mayor pro tem, of the Council shall be guilty of a misdemeanor, punishable as stated in Chapter 1, section 1-5. It shall be the duty of the Chief of Police or any peace office present at the meeting, upon order of the presiding officer, to eject any such members or person from the councilwoman.
[Ord. #4, S8]
In case a quorum should not be present at any meeting and important business remains to be transacted or disposed of, any two members of the Board may cause a written notice to be served personally upon the other members directing their immediate attendance, whereupon the members receiving such written notice shall be required to attend immediately except in case of sickness or death in their immediate family, otherwise they shall be liable to the penalty stated in Chapter 1, section 1-5.
[Ord. #4, S9]
Any member of the City Council who refuses to attend four consecutive meetings, when neither sick or absent from the State at the time the meetings were held, shall be deemed to have forfeited his title to the office of councilman, and the remaining members or a majority thereof may cause an action to be brought in the Superior Court to have the office declared vacant.
[Ord. #4, S10]
The proceedings of the Council shall be governed under "Robert's Rules of Order" on all matters pertaining to parliamentary law, but no ordinance, resolution, proceeding or other action of the Council shall be invalidated or the legality thereof otherwise affected by the failure or omission to observe or follow these rules.
[Ord. #4, S11]
All notices of special meetings shall be delivered personally to the members of the Council in the time, form and manner provided by law.
[Added 4-3-2017 by Ord. No. 17-02; amended 10-21-2019 by Ord. No. 19-06]
a. 
Each member of the City Council shall receive a salary of $300 per month, based on the City's population with a 5% increase ($15), pursuant to Government Code Section 36516, for a total of $315 per month.
b. 
Any amounts paid by the City for retirement, health and welfare, and federal social security benefits shall not be included for purposes of determining salary under this section, provided that the same benefits are available and paid by the City for its employees.
c. 
Any amounts paid by the City to reimburse a Council member for actual and necessary expenses pursuant to Government Code Section 36514.5 shall not be included for purposes of determining salary pursuant to this section.
d. 
Pursuant to Government Code Section 36516.5, a change in compensation does not apply to a council member during their term of office.
e. 
The City Council may, as it deems appropriate and as approved at a regular or special meeting of the Council, waive or reduce any or all of the compensation permitted by this section.
[New]
The office of City Manager is created. The City Manager shall be appointed by majority vote of the City Council on the basis of his administrative and executive ability and shall hold office at the pleasure of the Council.
[Ord. #312, S2]
Residence in the City at the time of appointment of a City Manager shall not be required as a condition of the appointment, but within 180 days after reporting for work the City Manager shall become a resident of the City unless the City Council approves his residence outside the City.
[Ord. #312, S3]
No member of the City Council shall be eligible for appointment as City Manager until one year has elapsed after such Council member shall have ceased to be a member of the City Council.
[Ord. #312, S4]
The City Manager and acting City Manager shall furnish a corporate surety bond to be approved by the City Council in such sum as may be determined by the City Council, and shall be conditioned upon the faithful performance of the duties imposed upon the City Manager and acting City Manager as herein prescribed. Any premium for such bond shall be a proper charge against the City.
[Ord. #312, S5]
The assistant City Manager shall serve as Manager pro tempore during any temporary absence or disability of the City Manager. In the event there is no assistant City Manager, the City Manager, by filing a written notice with the City clerk, shall designate a qualified City employee to exercise the powers and perform the duties of City Manager during his temporary absence or disability. In the event the City Manager's absence or disability extends over a one-month period, the City Council may, after the one-month period, appoint an acting City Manager.
[Ord. #312, S6]
The City Manager shall receive such compensation as the City Council shall determine.
In addition, the City Manager shall be reimbursed for all actual and necessary expenses incurred by him in the performance of his official duties.
[Ord. #312, S7 and New; Ord. #02-05, S3]
The City Manager shall be the administrative head of the government of the City under the direction and control of the City Council except as otherwise provided in this section. He shall be responsible for the efficient administration of all the affairs of the City which are under his control. In addition to his general powers as administrative head, and not as a limitation thereon, it shall be his duty and he shall have the powers set forth in the following subsections.
a. 
Law Enforcement. It shall be the duty of the City Manager to enforce all laws and ordinances of the City and to see that all franchises, contracts, permits and privileges granted by the City Council are faithfully observed.
b. 
Authority over Employees. It shall be the duty of the City Manager, and he shall have the authority to control, order and give directions to all heads of departments and to subordinate officers and employees of the City under his jurisdiction through their department heads.
c. 
Power of Appointment and Removal. It shall be the duty of the City Manager to appoint, remove, suspend, promote and demote any and all officers and employees of the City, subject to all applicable personnel ordinances, rules and regulations. The finance director, City attorney, City auditor, City engineer and all elected officers shall be appointed, removed, suspended, promoted and demoted strictly by the City Council. They shall not be subject to the power of the City Manager under this subsection. The City Council or voters of the City in the case of elected officials shall appoint, remove, promote and demote all such officers.
d. 
Administrative Reorganization of Offices. It shall be the duty and responsibility of the City Manager to conduct studies and effect such administrative reorganization of offices, positions or units under his direction as may be indicated in the interest of efficient, effective and economical conduct of the City's business.
e. 
Ordinances. It shall be the duty of the City Manager and he shall recommend to the City Council for adoption such measures and ordinances as he deems necessary.
f. 
Attendance at Council Meetings. It shall be the duty of the City Manager to attend all meetings of the City Council unless at his request he is excused therefrom by the Mayor individually or the City Council, except when his removal is under consideration.
g. 
Financial Reports. It shall be the duty of the City Manager to keep the City Council at all times fully advised as to the financial condition and needs of the City.
h. 
Budget. It shall be the duty of the City Manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the City Council for its approval.
i. 
Expenditure Control and Purchasing. It shall be the duty of the City Manager to see that no expenditures shall be submitted or recommended to the City Council except on approval of the City Manager or his authorized representative. The City Manager, or his authorized representative, shall be responsible for the purchase of all supplies for all the departments or divisions of the City.
j. 
Investigation and Complaints. It shall be the duty of the City Manager to make investigations into the affairs of the City and any department or division thereof, and any contract or the proper performance of any obligations of the City. Further, it shall be the duty of the City Manager to investigate all complaints in relation to matters concerning the administration of the City government and in regard to the service maintained by public utilities in the City.
k. 
Public Buildings. It shall be the duty of the City Manager to perform such other duties and exercise such other powers as may be delegated to him from time to time by ordinance or resolution or other official action of the City Council to exercise general supervision over all public buildings, parks and other public property under the control and jurisdiction of the Council.
[Ord. #312, S8; Ord. #02-05, S2]
a. 
Council-Manager Relations. 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 or instructions to any subordinates of the City Manager. The City Manager shall take his orders and instructions from the City Council only when sitting in a duly convened meeting of the City Council and no individual councilman shall give any orders or instructions to the City Manager.
b. 
Departmental Cooperation. It shall be the duty of all subordinate officers and the City clerk, finance director, City treasurer, City auditor, City engineer and City attorney to assist the City Manager in administering the affairs of the City efficiently, economically, and harmoniously.
c. 
Attendance at Commission Meetings. The City Manager may attend any and all meetings of the planning Commission, recreation and park Commission, and any other commissions, boards or committees, created by the City Council, upon his own volition or upon direction of the City Council. At such meetings which the City Manager attends, he shall be heard by such commissions, boards or committees as to all matters upon which he wishes to address the members thereof, and he shall inform the members as to the status of any matter being considered by the City Council, and he shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the City Council.
[Ord. #312, S9]
a. 
Removal of City Manager. The removal of the City Manager shall be effected only by a majority vote of the whole City Council as then constituted, convened in a regular Council meeting, subject, however, to the provisions of the next succeeding subsections. In case of his intended removal by the City Council, the City Manager shall be furnished with a written notice stating the Council's intention to remove him at least 30 days before the effective date of his removal. If the City Manager so requests, the City Council shall provide reasons for the intended removal, which shall be provided the City Manager with seven days after the receipt of such request from the City Manager, and at least 15 days prior to the effective date of such removal.
b. 
Hearing. Within seven days after the delivery to the City Manager of such notice of intention to remove, he may by written notification to the City clerk, request a hearing before the City Council. If there is no City clerk, or the City Manager is the City clerk, the notification shall be given to the Mayor. Thereafter the City Council shall fix a time for the hearing which shall be held at its usual meeting place, but before the expiration of the thirty-day period, at which the City Manager shall appear with or without counsel. The hearing shall be a public hearing, unless upon request of the City Manager, the Council so agrees to hold a portion of the hearing as an executive session. In the event that an executive session is held, the City Council may reconvene as a public hearing at any time, and shall reconvene as a public hearing prior to taking a vote on the removal or nonremoval of the City Manager.
c. 
Suspension Pending Hearing. After furnishing the City Manager with written notice of intended removal, the City Council may suspend him from duty, but his compensation shall continue until his removal by action of the Council passed subsequent to the aforesaid hearing.
d. 
Discretion of Council. In removing the City Manager, the City Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the City Manager to present to the City Council his grounds of opposition to his removal prior to its action.
e. 
Limitation on Removal. Notwithstanding the provisions of this subsection hereinabove set forth, the City Manager shall not be removed from office, other than for misconduct in office, during or within a period of 90 days next succeeding any general municipal election held in the City at which election a member of the City Council is elected or when a new City councilman is appointed; the purpose of this provision is to allow any newly elected or appointed member of the City Council or a reorganized City Council to observe the actions and ability of the City Manager in the performance of the powers and duties of his office. After the expiration of the ninety-day period aforementioned, the provisions of subsection 2-3.7 as to the removal of the City Manager shall apply and be effective.
[Ord. #312, S10]
Nothing in this section shall be construed as a limitation on the power or authority of the City Council to enter into any supplemental agreement with the City Manager delineating additional terms and conditions of employment not inconsistent with any provisions of this section.
[Ord. #312, S11]
No person shall be appointed as City Manager of the City of Firebaugh unless he is a graduate of an accredited university with a degree as Bachelor of Arts, Bachelor of Science, or an equivalent degree. In addition, he shall have substantial educational training in administration or a related subject, or equivalent work experience. These requirements may be waived by the City Council in the case of any person who has been employed in a supervisory capacity in the City of Firebaugh more than three years, and who has experience which the City Council deems the equivalent of the educational requirements. Whenever the position of City Manager shall be or become vacant, the City Council shall cause the availability of the position to be properly advertised and shall review the applications of all qualified applicants before employing a new City Manager.
[Ord. #312, S12]
Notwithstanding the provisions of subsection 2-3.10, no City Council may enter into any agreement with any City Manager which will prevent a City Council from removing a City Manager under the provisions of subsection 2-3.9.
[Ord. # 283, S1 and 2]
The City 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. Pursuant to § 13522 of said Chapter 1, the City of Firebaugh will adhere to the standard for recruitment and training established by the California Commission on Peace Officers Standards and Training.
a. 
All able bodied persons pursuant to having been duly convicted of public offense may be required to labor every day in every week excepting Sunday and legal holidays.
b. 
Such labor shall be under the direction and supervision of the Chief of Police, providing, that the actual supervision of such labor may be delegated by the Chief of Police to some other member or members of the police department, and such labor shall be a part of the regular governmental discipline, and shall be applied only to public works, buildings, lands, enterprises and improvements belonging or appertaining to the City.
c. 
The Chief of Police is authorized to select, each day, from among the persons mentioned in paragraph a such number of them as he shall deem expedient for the labor to be performed upon such day, and cause them to be transported, for such purpose, to any place within or without the City.
d. 
In the event that the place to which such aforesaid persons are to be transported for the purpose of labor, is too far from the City to conveniently permit them to be returned to the City each day, the Chief of Police may cause to be established and maintained temporary detention camps and other places of confinement at any place where such labor is required to be performed.
[Ord. #90-6, S1]
a. 
The Chief of Police shall be authorized to collect a booking fee from each person booked into the police department, the Fresno County Jail, or the Mendota Jail pursuant to arrest by any officer. Such fee shall be set forth in a departmental order and shall not exceed the reasonable costs of administration of the booking process.
b. 
In cases where an amount of bail is fixed by a court, police department or jail booking fees or incarceration booking fees shall be added to the amount fixed by the court for bail of the arrestee, and shall be payable at the time bail is posted or the prisoner is released on his own recognizance.
c. 
Upon finding of a court that a person arrested and subsequently assessed a booking fee is indigent and therefore lacks funds sufficient to pay such fee in accordance with this section, such fee may be waived by order of the court.
[Ord. #80-4, S1A]
The Planning and Zoning Commission of the City of Firebaugh is hereby established.
[Ord. #80-4, S2A; Ord. #99-04, S1]
a. 
The Planning and Zoning Commission of the City shall be composed of a total of five members. At least three members shall be residents of the City and reside within the corporate limits of the City at all times during their terms. Two of the members need not reside within the corporate limits of the City, but at all times during their terms either shall reside within the then-current boundaries of the City's established sphere of influence, or shall on a regular basis own, conduct, carry on or manage any business, occupation, trade, calling or profession in the City within the meaning of Chapter 4 of this code. The members of the Commission shall be appointed by the City Council. These appointments shall be for a period of three years each, with the terms of members so staggered that the terms of no more than three members shall expire in any one year. In the event of death or resignation of a member, the vacancy may be filled for the unexpired term. The term of all members shall extend until their successors are qualified; provided that three successive unexcused or unexplained absences from any meetings shall be in effect a resignation for which a successor may forthwith be appointed.
b. 
All members shall serve without pay. However, members of the Commission may be reimbursed for actual expenses incurred in connection with their duties upon authorization or ratification by the Commission and approval of such expenditures by the Council.
c. 
Notwithstanding paragraph a hereof, any member of the Planning and Zoning Commission of the City of Firebaugh, California, may be removed by a majority vote of the Council, upon motion of any member of the Council.
[Ord. #80-4, S3A]
The Commission shall elect a chairman and vice chairman from among its own members, each of whom shall serve for one year and until his successor is elected and qualified. The chairman shall preside at all meetings and exercise all the usual rights, duties and prerogatives of the head of any similar organization. The chairman shall have the power to administer oaths and to take evidence. The vice chairman shall perform the duties of the chairman in the absence or disability of the chairman. Vacancies created by any cause shall be filled for the unexpired term by a new election.
[Ord. #80-4, S4A]
It is the duty of the Commission to formulate, create and administer any lawful plan duly adopted by the governing body for the present and future growth of the City pertaining to the use of land and buildings for any purpose, together with all incidental activities usually associated therewith and commonly known as "planning and zoning;" to make or cause to be made a commonly known continuous study of the best present and future use to which land and buildings shall be put within the City and in cooperation with adjacent areas; to recommend to the governing body revisions in such plans which, in the opinion of the Commission, are for the best interest of the citizens of the City; to promulgate rules of procedure and to supervise the enforcement of rules so promulgated by the Commission and approved by the Council.
[Ord. #80-4, S5A]
a. 
The Commission shall provide in its rules for its meetings; provided, that special meetings may be called by the chairman, or in his absence, the vice chairman. Any three members of the Commission may make written request to the chairman for a special meeting and in the event such meeting is not called, such members may call such special meeting in such manner and form as may be provided in the Commission rules.
b. 
Three members shall constitute a quorum. The affirmative vote of a majority of members present at any meeting shall be required for passage of any matter before the Commission at such meeting. The minutes of the meetings shall reflect the "ayes" and "noes" cast on a particular measure and shall reflect the vote of each member present. A member may abstain from voting only upon a declaration that he has a conflict of interest, in which case such member shall take no part in the deliberations on the matter in question. The vote of any member who fails to declare his vote shall be recorded as an "aye" vote, provided that he is not exempt from voting by reason of a declared conflict of interest.
c. 
Minutes of all meetings will be furnished to the Manager to be included with the next succeeding City Council packet following the Board or Commission meeting.
[Ord. #80-4, S6A]
The Commission may establish a uniform schedule of fees for services with all receipts to be paid into the general fund of the City. Such fee schedules shall become effective upon approval of the Council.
[Ord. #80-4, S1B]
The Parks and Recreation Board of the City of Firebaugh is hereby established.
[Ord. #80-4, S2B; Ord. #82-3, S1]
a. 
The Firebaugh Parks and Recreation Board shall be composed of a total of seven members, five of whom shall be residents of the City and two members who may reside within the boundaries of the Firebaugh - Las Deltas Unified School District. Any two of said members (City-resident or otherwise) may be students of said school district.
All such appointments shall be made by the City Council and appointees may be removed by a majority vote of the City Council.
b. 
The terms of said members shall be for a term of three years, except in the event any appointee is a student that appointee's term shall be limited to one year. Said appointments shall be made as to stagger the terms of three-year appointees. The term of all members shall extend until their successors are appointed. Three successive unexcused or unexplained absences from Board meetings shall constitute and result in an automatic resignation for which a successor may forthwith be appointed.
c. 
All members shall serve without pay. However, members of the Board may be reimbursed for actual expenses incurred in connection with their duties upon authorization or ratification by the Board and approval of such expenditures by Council.
[Ord. #80-5, S3B]
The Board shall elect a chairman and vice chairman from among its own members, each of who shall serve for one year and until his successor is elected and qualified. The chairman shall preside at all meetings and exercise all the usual rights, duties, and prerogatives of the head of any similar organization. The chairman shall have the power to administer oaths and to take evidence. The vice chairman shall perform the duties of the chairman in the absence or disability of the chairman. Vacancies created by any cause shall be filled for the unexpired term by a new election.
[Ord. #80-4, S4B]
The Parks and Recreation Board shall have the following powers and duties:
a. 
To advise the City, through the Manager, on establishing policies for recreational facilities and services with the City as the developing public recreation needs may require.
b. 
To advise the City, through the Manager, regarding contracts to grant concessions, licenses and permits for the use of the recreational facilities of the City.
c. 
To advise the City, through the Manager, concerning recreational needs and recommend acquisition, location and nature of facilities to meet said needs.
d. 
To advise the City, through the Manager, not later than March 1st of each year, of items recommended for inclusion in the ensuing budget.
e. 
To perform such other duties as may be prescribed by ordinances or resolution of the Council.
f. 
The function of the Parks and Recreation Board is advisory in nature and the final decision on any recommendations made remains the sole responsibility of the City Council.
g. 
Minutes of all meetings will be furnished to the Manager to be included with the next succeeding City Council packet following the Board of Commission meeting.
[Ord. #80-4, S5B; Ord. #82-3, S1]
a. 
The Board shall provide in its rules for its meetings; provided, that special meetings may be called by the chairman, or in his absence, the vice chairman. Any two members of the Board may make written request to the chairman for a special meeting and in the event such meeting is not called, such members may call such special meeting in such manner and form as may be provided in the Commission rules.
b. 
Four members shall constitute a quorum. A quorum shall be necessary to transact Board business. The affirmative vote of a majority of members present and voting shall be required for passage of any matter before the Board. The minutes of the meetings shall reflect the "ayes" and "noes" cast on a particular measure and shall reflect the vote of each member present. A member may abstain from voting only upon a declaration that he has a conflict of interest, in which case such member shall take no part in the deliberations on the matter in question. The vote of any member who fails to declare his vote shall be recorded as an "aye" vote, provided that he is not exempt from voting by reason of a declared conflict of interest.
[Ord. #80-4, S6B]
The Board may advise the City through the Manager regarding a uniform schedule of charges to be made by the City for recreational facilities. All receipts shall be paid into the general fund of the City. Such schedule shall only become effective upon approval by the Council.
[1]
Editor's Note: Former Section 2-7, Industrial Development Agency, previously codified herein and containing portions of Ordinance No. 80-4 was repealed in its entirety by Ordinance No. 03-04.
The Airport Advisory Board of the City of Firebaugh is hereby established.
[Ord. #80-4, 2d]
a. 
The Airport Advisory Board of the City shall be composed of a total of five members, four of whom shall be residents of the City and one at large member who shall reside within the area serviced by the airport, which is designated as the most distant residence of an individual permanently basing an aircraft at the airport. The members of the Board shall be appointed by the City Council. These appointments shall be for a period of three years each, with the terms of members so staggered that the terms of no more than three members shall expire in any one year. In the event of death or resignation of a member the vacancy may be filled for the unexpired term. The term of all members shall extend until their successors are qualified; provided, that three successive unexcused or unexplained absences from any meeting shall be in effect a resignation for which a successor may forthwith be appointed.
b. 
All members shall serve without pay. However, members of the Board may be reimbursed for actual expenses incurred in connection with their duties upon authorization or ratification by the Board and approval of such expenditures by the Council.
c. 
Notwithstanding paragraph a hereof, any member of the Airport Advisory Board of the City of Firebaugh, California, may be removed by a majority vote of the Council, upon motion of any member of the Council.
The Board shall elect a chairman and vice chairman from among its own members, each of whom shall serve for one year and until his successor is elected and qualified. The chairman shall preside at all meetings and exercise all the usual rights, duties and prerogations of the head of any similar organization. The chairman shall have the power to administer oaths and to take evidence. The vice chairman shall perform the duties of the chairman in the absence or disability of the chairman. Vacancies created by any cause shall be filled by the City Council for appointments.
[Ord. #80-4, 4D]
It shall be the duty of the Airport Advisory Board to:
a. 
Develop and recommend policies and procedures for the safe and proper operation of the airport.
b. 
Develop the Airport Master Plan in coordination with the City engineer and City Manager to include the Six-Year Plan for the State Transportation Improvement Plan.
c. 
Develop phased plan to provide for an eventual "fixed base operator" at the airport.
d. 
To research and make recommendations to the City Council for capital improvements on the municipal airport.
e. 
To advise City Council, through the Manager, on the implementation and compliance with the Airport Master Plan Program.
f. 
The function of the Airport Advisory Board is advisory in nature and the final decision on any recommendations made remains the sole responsibility of the City Council.
g. 
Minutes of all meetings will be furnished to the Manager to be included with the next succeeding City Council packet following the Board meeting.
[Ord. #80-4, 5D]
a. 
The Board shall provide in its rules for its meetings; provided, that special meetings may be called by the chairman, or in his absence, the vice chairman. Any three members of the Board may make written request to the chairman for a special meeting and in the event such meeting is not called, such members may call such special meeting in such manner and form as may be provided in the Board rules.
b. 
Three members shall constitute a quorum. The affirmative vote of a majority of members present at any meeting shall be required for passage of any matter before the Board at such meeting. The minutes of the meeting shall reflect the "ayes" and "noes" cast on a particular measure and shall reflect the vote of each member present. A member may abstain from voting only upon a declaration that he has a conflict of interest, in which case such member shall take no part in the deliberations on the matter in question. The vote of any member who fails to declare his vote shall be recorded as an "aye" vote, provided that he is not exempt from voting by reason of a declared conflict of interest.
[Ord. #80-4, 6D]
The Board may make recommendations as to fees and charges for users of the municipal airport facilities.
[Ord. #80-4, S1E]
The Historical Preservation Board of the City of Firebaugh is hereby established.
[Ord. #80-4, S2E]
a. 
The Historical Preservation Board of the City shall be composed of a total of seven members. The members of the Board shall be appointed by the City Council. These appointments shall be for a period of three years each, with the terms of members so staggered that the terms of no more than three members shall expire in any one year. In the event of death or resignation of a member the vacancy may be filled for the unexpired term. The term of all members shall extend until their successors are qualified; provided, that three successive unexcused or unexplained absences from any meeting shall be in effect a resignation for which a successor may forthwith be appointed.
b. 
All members shall serve without pay. However, members of the Board may be reimbursed for actual expenses incurred in connection with their duties upon authorization or ratification by the Board and approval of such expenditures by the Council.
c. 
Notwithstanding paragraph a hereof, any member of the Historical Preservation Board may be removed by a majority vote of the Council, upon motion of any member of the Council.
[Ord. #80-4, S3E]
The Board shall elect a chairman and vice chairman from among its own members, each of whom shall serve for one year and until his successor is elected and qualified. The chairman shall preside at all meetings and exercise all the usual rights, duties and prerogatives of the head of any similar organization. The chairman shall have the power to administer oaths and to take evidence. The vice chairman shall perform the duties of the chairman in the absence or disability of the chairman. Vacancies created by any cause shall be filled for the unexpired term by a new election.
[Ord. #80-4, S4E]
It is the duty of the Board to:
a. 
Develop a plan for identifying historical sites, buildings, structures and objects that have a direct bearing on the development of the City of Firebaugh from inception, that:
1. 
Have made a significant impact on the City.
2. 
Associated with the lives of people who contributed to the development of the City.
3. 
Present condition, or restoration thereof, would preserve the historic integrity thereof.
4. 
Exemplify a distinctive architectural characteristic of a type, period, or method of construction.
5. 
Prepare designated forms, by the U.S. Department of the Interior, with appropriate documentation, for processing through State Office of Historic Preservation, for designation of selected sites as a National Historical Site. Application should be processed through the City Council for appropriate resolution on the part of the Council.
6. 
Develop procedure for advising the general public of the tax advantage contained in the Tax Reform Act of 1976, for private owners of historical designated sites, for private restoration or conveyance to a governmental entity.
7. 
Minutes of all meetings will be furnished to the Manager to be included with the next succeeding City Council packet following the Board of Commission meeting.
[Ord. #80-4, S5E]
The Board may establish a schedule of fees for public use of designated historical sites or tour charges, as appropriate. Such fee schedules shall become effective upon the approval of the Council.
[Ord. #80-4, S1F]
The Firebaugh Community Health Center Advisory Commission is hereby established.
[Ord. #80-4, S2F]
a. 
The Firebaugh Community Health Center Advisory Commission of the City shall be composed of a total of seven members. The members of the Commission shall be appointed by the City Council. These appointments shall be for a period of three years each, with the terms of members so staggered that the terms of no more than three members shall expire in any one year. In the event of death or resignation of a member the vacancy may be filled for the unexpired term. The term of all members shall extend until their successors are qualified; provided, that three successive unexcused or unexplained absences from any meeting shall be in effect a resignation for which a successor may forthwith be appointed.
b. 
All members shall serve without pay. However, members of the Commission may be reimbursed for actual expenses incurred in connection with their duties upon authorization or ratification by the Commission and approval of such expenditures by the Council.
c. 
Notwithstanding paragraph a hereof, any member of the health advisory Commission of the City of Firebaugh, California, may be removed by a majority vote of the Council, upon motion of any member of the Council.
[Ord. #80-4, S3F]
The Commission shall elect a chairman and vice chairman from among its own members, each of whom shall serve for one year and until his successor is elected and qualified. The chairman shall be present at all meetings and exercise all the usual rights, duties and prerogatives of the head of any similar organization. The chairman shall have the power to administer oaths and to take evidence. The vice chairman shall perform the duties of the chairman in the absence or disability of the chairman. Vacancies created by any cause shall be filled for the unexpired term by a new election.
[Ord. #80-4, S4F]
It is the duty of the Board to:
a. 
Maintain current requirements and future projections of the health care needs of residents of the designated service area of the Firebaugh community health center. Make recommendations for changes as appropriate.
b. 
Oversee implementation of the "annual health plan" as evolved by the West Side Rural Health Conference, as pertains to the Firebaugh community health center.
c. 
Validate and evaluate citizen complaints as pertains to delivery of health services and recommend remedial action to correct the identified problem.
d. 
Advise in the selection of the National Health Service Corps Physician by recommending special characteristics, i.e., bilingual abilities, etc.
e. 
Recommend changes to the County Civil Service Commission as pertains to employee policies, procedures and staff supervision, that would enhance delivery service capabilities.
f. 
Recommend changes in clinic hours, as appropriate, that would better meet the requirements of health service recipients.
g. 
Review the annual budget, prepared by the county department of health, and make appropriate recommendations for change that would enhance the delivery of local health services, consistent with overall budget limitations.
h. 
Develop a comprehensive community organization and health promotion plan whereby the residents of the Firebaugh community and the surrounding area in need of health services may receive needed services and maintain a high level of personal health. The plan should be designed to assist the health center management and staff in educating the community as to resource capability and limitations.
i. 
Minutes of all meetings will be furnished to the Manager to be included with the next succeeding City Council packet following the Board meeting.
[1]
Editor's Note: Former Section 2-10A, Senior Citizens Advisory Board, previously codified herein and containing portions of Ordinance No. 81-1 was repealed in its entirety by Ordinance No. 03-04.
[Ord. #80-1, S1]
The declared purposes of this section 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 direction of the emergency organization; and the coordination of the emergency functions of the City with all other public agencies, corporations, organizations and affected private persons.
[Ord. #80-1, S2]
As used in this section, "Emergency" shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the City caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake, or other conditions including those resulting from war or imminent threat of war, but not those conditions resulting from a labor controversy which are or are likely to be, beyond the control of the services, personnel, equipment and facilities of the City, requiring the combined forces of other political subdivisions to combat.
[Ord. #80-1, S3]
The Firebaugh Disaster Council is hereby created and shall consist of the following:
a. 
The Mayor, who shall be chairman.
b. 
The director of emergency services, who shall be vice chairman.
c. 
Such chiefs of emergency services as are provided for in the emergency plan of the City.
d. 
Such representatives of civic, business, labor, veterans, professional or other organizations having an official emergency responsibility, as may be appointed by the director with the advice and consent of the City Council.
[Ord. #80-1, S4]
It shall be the duty of the Firebaugh Disaster Council, and it is hereby empowered, to develop and recommend for adoption by the City Council emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The disaster Council shall meet upon call of the chairman, or in his absence from the City or inability to call such meeting, upon call of the vice chairman.
[Ord. #80-1, S5]
a. 
There is hereby created the office of Director of Emergency Services.
b. 
The Chief of Police shall be the Director of Emergency Service.
[Ord. #80-1, S6]
a. 
The Director is hereby empowered to:
1. 
Request the City Council to proclaim the existence or threatened existence of a "local emergency" if the City Council is in session, or to issue such proclamation if the City Council is not in session. Whenever a local emergency is proclaimed by the director, the City Council shall take action to ratify such proclamation within seven days thereafter, or the proclamation shall have no further force or effect.
2. 
Request the Governor to proclaim a "state of emergency" when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency.
3. 
Control and direct the effort of the emergency organization of the City for the accomplishment of the purposes of this section.
4. 
Direct cooperation between and coordination of services and staff of the emergency organization of the City; and resolve questions of authority and responsibility that may arise between them.
5. 
Represent the City in all dealing with public or private agencies on matters pertaining to emergencies as defined herein.
6. 
In the event of the proclamation of a local emergency as herein provided, the proclamation of a state of emergency by the Governor or the Director of the State Office of Emergency Services, or the existence of a state of war emergency, the director is hereby empowered:
(a) 
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 public use.
(b) 
To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, that such rules and regulations must be confirmed at the earliest practicable time by the City Council.
(c) 
To require emergency services of any City office or employee and, in the event of the proclamation of a state of war emergency, to command the aid of as many citizens of this community as he deems necessary in the execution of his duties; such persons shall be entitled to privileges, benefits and immunities as are provided by State law for registered disaster service workers.
(d) 
To requisition necessary personnel or material from any City department or agency.
(e) 
To execute all of his ordinary powers as police chief, all of the special powers conferred upon him by this section or by resolution or emergency plan pursuant hereto adopted by the City Council, all powers conferred upon him by any statute, by any agreement approved by the City Council, and by any other lawful authority.
7. 
In the event the Director of Emergency Services is unavailable to attend meetings and otherwise perform his duties during an emergency, the director shall designate an order of succession to his office. A clear order of succession shall be set forth sufficient to offer assurance that there will be a successor able to act in the event of a foreseeable disaster. Such order of succession shall be submitted to the City Council and approved by the City Council by motion recorded in the minutes.
[Ord. #80-1, S7]
All officers and employees of the City, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations and persons who may by agreement or operation of law, including persons pressed into service under the provisions of section 2-11.6a6(c) be charged with duties incidental to the protection of life and property in the City during such emergency, shall constitute the emergency organization of the City of Firebaugh.
[Ord. #80-1, S8]
The Firebaugh Disaster Council shall be responsible for the development of the City of Firebaugh emergency plan, which plan 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, or state of war emergency; and shall provide for the organization, powers and duties, services, and staff of the emergency organization. Such plan shall take effect upon adoption by resolution by City Council.
[Ord. #80-1, S9]
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 of Firebaugh.
[Ord. #80-1, S10]
It shall be a misdemeanor, punishable by a fine of not to exceed $500 or by imprisonment for not to exceed six months, or both, for any person, during an emergency, to:
a. 
Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this section, or in the performance of any duty imposed upon him by virtue of this section.
b. 
Do any act forbidden by any lawful rule or regulation issued pursuant to this section, if such act is of such nature 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.
c. 
Wear, carry, or display without authority any means of identification specified by the emergency agency of the state.
[Ord. #171, S1; Ord. #327, S1; Ord. #97-1, S1]
The following purchasing system is hereby adopted, in order to promote efficient procedures for the purchase of supplies and equipment, to clearly define authority and procedures for the City's purchasing function, to secure supplies and equipment for the City at the lowest possible cost commensurate with the quality needed, and to exercise positive financial control over purchases.
[Ord. #171, S2; Ord. #327, S2]
The City Manager shall be the purchasing officer. When the office of City Manager is vacant, the assistant City Manager or acting City Manager shall act as purchasing officer.
[Ord. #171, S3; Ord. #327, S3; Ord. #97-1, S2; amended 10-5-2020 by Ord. No. 20-04]
a. 
The City Manager, as purchasing officer, has the authority to administratively approve and execute contracts where the expenditure has been approved in the City budget, the contract does not require competitive bidding, and the total proposed expenditure or liability exposure is under $15,000.
b. 
The City Manager is authorized to take steps to seek requests for qualifications (RFQs)/requests for proposals (RFPs) as necessary to determine the best value to the City for the given contract.
c. 
The City Manager shall also seek the approval as to legal form of the City Attorney for each contract.
[Ord. #171, S4; Ord. #327, S4; Ord. #97-1, S3]
The purchasing officer shall have the following duties and authority:
a. 
Purchase needed supplies or equipment, or contract for needed professional or technical services or assistance, in accordance with procedures prescribed by this section 12 and other applicable rules, regulations and laws.
b. 
Negotiate and issue or execute, or recommend for issuance or execution (as applicable in accordance with this section 12), purchase orders or purchase contracts for the purchase of supplies or equipment, or contracts for the obtaining of professional or technical services.
c. 
Keep informed of current developments in the field of purchasing, prices, market conditions and new products.
d. 
Prepare and recommend to the City Council such rules, regulations and revisions thereto as may be, in his judgment, advisable.
e. 
Prescribe and maintain such forms as are reasonably necessary to the operation of this section 12 and the rules and regulations. Such forms shall include requisition forms, purchase orders and such other forms as the purchasing officer deems necessary.
f. 
Maintain inventory of supplies and equipment, and inspect supplies and equipment purchased to determine conformance with specifications and other City requirements.
g. 
Recommend the transfer of surplus or unused supplies or equipment between departments as needed and the sale of all supplies and equipment which cannot be used by any department or which have become unsuitable for City use.
h. 
Maintain a vendors' list, vendors' catalog file and records needed for efficient operation of the purchasing system.
i. 
Subject to approval of the City Council, delegate any of the duties specified in this section to another City officer or employee.
[Ord. #171, S5; Ord. #327, S5; Ord. #97-1, S4]
City department heads or their respective designees shall submit all requests for supplies and equipment to the purchasing officer by standard requisition forms.
[Ord. #171, S6; Ord. #327, S6; Ord. #97-1, S5]
a. 
Except as provided otherwise in subsection b of this subsection 2-12.6, purchases of supplies and equipment shall be by formal bidding or open market procedures, as applicable, pursuant to subsections 2-12.9 or 2-12.10.
b. 
Bidding or open market procedures for a purchase of supplies and equipment may be dispensed with in any of the following cases:
1. 
The amount of the purchase is $5,000 or less.
2. 
An emergency requires that the purchase be made from the nearest source of supply. For purposes of this section 12, "emergency" means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate loss or impairment of life, health, safety, property or essential public services.
3. 
The supplies or equipment are available from only one source of supply.
4. 
The Council determines, based on findings in the record, that (i) the circumstances of the purchase would make it impracticable to make the purchase by bidding, (ii) bidding would not produce any economic advantage to the City and the taxpayers, or (iii) the purposes of bidding would not be met.
5. 
The contract is for professional services or technical services.
[Ord. #171, S6; Ord. #327, S6]
Purchases of supplies and equipment shall be made only on purchase order. In an emergency situation, where it is necessary to purchase supplies or equipment without a purchase order, the purchasing officer shall be contacted as soon as practicable to cover the purchase with a purchase order. Strict control shall be maintained to see that such emergency procedure does not become routine.
[Ord. #171, S2; Ord. #327, S8]
Except in cases of emergency, the purchasing officer shall not issue any purchase order for supplies and equipment unless there exists an unencumbered appropriation in the fund account against which the purchase is to be charged.
[Ord. #171, S9; Ord. #327, S9; Ord. #97-1, S6]
Except as otherwise provided in this section 12, purchases for supplies or equipment of estimated value greater than $10,000 shall be by written purchase contract with the lowest responsible bidder pursuant to the procedure prescribed herein.
a. 
Notice Inviting Bids. Notice inviting bids shall include a general description of the articles to be purchased, shall state where bid forms and specifications may be secured, and the time and place for opening bids.
1. 
A notice inviting bids shall be published at least 10 days before the date of the opening of the bids. The notice inviting bids shall be published at least once in a newspaper of general circulation, printed and published in the City, or if there is none, it shall be posted in at least three public places in the City as provided in section 2-13.
2. 
Bidders' List. The purchasing officer shall also solicit sealed bids from all responsible suppliers whose names are on the bidders' list or who have requested in writing that their names to be added thereto at least 10 days before the date of the opening of the bids.
3. 
Bulletin Board. The purchasing officer shall also advertise pending purchases by notice posted on a public bulletin Board in or at the City hall.
b. 
Bidders' Security. When deemed necessary by the purchasing officer or the City Council, bidders' security may be prescribed in the public notices inviting bids. The amount of the bidders' security also shall be determined by the purchasing officer or the City Council and set forth in the notices inviting bids; if no amount is so specified, it shall be not less than 10% of the aggregate amount of the bid. If bidders' security is prescribed, all bids shall be accompanied by bidders' security in the required amount and in the form of a surety bond, cashiers' check, certificate of deposit assigned to the City, or which other form as may be acceptable to the purchasing officer and the City attorney. Bidders shall be entitled to return of bid security; provided that a successful bidder shall forfeit his bid security upon refusal or failure to execute the contract within 10 days after the notice of award of contract has been mailed to the bidder, unless the City is solely responsible for the delay. On refusal or failure of the successful bidder to execute the contract within such ten-day period, the Council may award it to the next lowest responsible bidder. If the City Council awards the contract to the next lowest responsible bidder, the amount of the lowest bidder's security shall be applied to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder.
c. 
Bid Opening Procedure. Sealed bids shall be submitted to the purchasing officer and shall be identified as bids on the envelope. Bids shall be submitted at the place and by the time specified in the notices inviting bids. Any bid submitted at a different place or later than such time may be rejected. A tabulation of all bids received shall be open for public inspection during regular business hours of the City for a period of not less than 30 calendar days after the bid opening.
d. 
Rejection of Bids. Notwithstanding any other provision of this section 12, the City Council, in its sole and absolute discretion, may reject any and all bids presented. If the City Council rejects all bids, it may, in its sole and absolute discretion, either readvertise for bids or direct the purchasing officer to purchase the supplies or equipment according to the procedure in subsection 2-12.10.
e. 
Award of Contracts. Contracts shall be awarded by the City Council to the lowest responsible bidder except as otherwise provided herein.
f. 
If two or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of re-advertising for bids, the City Council may accept the one it chooses or accept the lowest bid made by negotiation with the tie bidders at the time of the bid opening or within 10 days thereafter.
g. 
The City Council shall have authority to require a performance bond before entering a contract in such amount as it shall find reasonably necessary to protect the best interest of the City. If the City Council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids.
[Ord. #171, S10; Ord. #327, S10; Ord. #97-1, S7]
Purchases of supplies or equipment of an estimated value in the amount of $10,000 or less may be made in the open market pursuant to this section without observing the procedure prescribed by subsection 2-12.9.
a. 
Minimum Number of Quotations. Open market purchases subject to this section shall, whenever possible and practicable, be based on at least three quotations, and shall be awarded to the vendor that submits the lowest responsible quotation, as determined by the purchasing officer. This requirement shall not apply when the amount involved is $5,000 or less. The purchasing officer may, in his discretion, reject any and all formal quotations.
b. 
Quotation Solicitation Procedure. The purchasing officer shall solicit formal written quotations by any one or more of the following, as determined by the purchasing officer: (i) written requests or telephone calls to prospective vendors, or (ii) interviews of prospective vendors, or (iii) public notice posted on a public bulletin Board in or at the City hall.
c. 
Written Quotations. Formal written quotations shall be submitted to the purchasing officer who shall keep a record of all open market orders and formal quotations for a period of one year after submission of quotations or the placing of orders, whichever is later. This record, while so kept, shall be open to public inspection during regular City business hours.
[Ord. #171, S11; Ord. #327, S11; Ord. #97-1, S8]
The purchasing officer or his designee shall inspect supplies and equipment delivered to determine their conformance with the specifications set forth in the purchase order or contract. The purchasing officer or his designee shall have the authority to require chemical, physical and other tests of samples submitted with quotations or bids and samples of deliveries as deemed necessary to determine quality of the supplies or equipment and their conformance with specifications.
[Ord. #230; Ord. #05-04, S1]
There is hereby designated by the City a public place within the City that is hereby designated as the place for posting public notices, as follows:
The bulletin Board on the porch of the Firebaugh City Hall located at 1575 Eleventh Street.
[Ord. #80-2, S1A; Ord. #99-08, S1]
a. 
"City facility" shall mean any real property or interest therein and improvements thereon owned and operated by the City. "City facility" shall include a street or other right-of-way or easement owned and used or operated by the City.
[Ord. #80-1, SB; Ord. #99-08, S2]
a. 
The Council shall name and rename City facilities as provided by this section 2-14, unless the Council deems that exigent circumstances justify dispensing with the requirements of this section by resolution passed by at least four affirmative votes of the Council and containing a declaration of the facts constituting the exigent circumstances.
b. 
The Council shall name or rename a City facility from any of the following categories: Deceased or living individuals, places, events, organizations, political subdivisions, functions, flora, fauna, civic names, or symbolic names. The Council shall select a name based upon such name's historical or other significance to the City.
c. 
This section shall not apply to the naming or renaming of the following types of City facilities:
1. 
Any City facility designated by a departmental number or letter, including but not limited to the designation of fire and pump stations, except as a supplemental name to such facility.
2. 
Any facility donated to and accepted by the City, the donation of which is contingent upon assigning a specified name to the facility.
3. 
Any City facility constructed or purchased from money or property donated to and accepted by the City, which money or property is donated contingent upon assigning a specified name to the facility.
4. 
Any City facility owned or managed jointly by the City and any other person or public entity.
The following guidelines shall apply to name selection:
a. 
Unusual spellings or difficult pronunciations shall be avoided where possible.
b. 
Street names shall:
1. 
Not duplicate or be similar in sound or spelling.
2. 
Follow existing alignments including jogs of not more than 125 in either side of the principal or existing alignment; including extensions of alignments into new subdivisions; the street name shall not follow a 90° or more turn unless the turn is a simple jag followed by a return to the original alignment.
3. 
Cul-de-sacs whose length, exclusive of the turn around, is less than 50 feet shall be named the same as the main road.
c. 
Procedures:
The Council shall name or rename a City facility in accordance with the following procedures:
1. 
Any resident of the City may request that a City facility be named or renamed by submitting a written request to that effect to the City Manager.