[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
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]
[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.
[Added 6-20-2022 by Ord.
No. 22-03]
This Ordinance shall be known as the Military Equipment Use
Ordinance.
[Added 6-20-2022 by Ord.
No. 22-03]
a.
Findings. The City Council finds:
1.
On September 30, 2021, Governor Gavin Newsom signed into law Assembly
Bill 481, which codified procedures of funding, acquisition and use
of military equipment by law enforcement agencies under Government
Code sections 7070 through 7075.
2.
Assembly Bill 481 requires law enforcement agencies to obtain approval
from the applicable governing body by ordinance adopting a military
equipment use policy prior to taking certain actions relating to funding,
acquisition, or use of military equipment.
3.
Assembly Bill 481 allows a City Council of a City to approve the
funding, acquisition, or use of military equipment within its jurisdiction
only if it makes specified determinations pursuant to Government Code
section 7071.
4.
Assembly Bill 481 requires law enforcement agencies to annually submit
to the applicable governing body a military equipment report for each
approved type of military equipment for as long as the military equipment
is available for use, and to make each annual report publicly available
on its website for as long as the equipment is available for use.
5.
Assembly Bill 481 requires a City Council that has adopted an ordinance
approving a military equipment use policy to annually review the military
equipment report submitted by the law enforcement agency to determine
whether each type of military equipment identified in the report continues
to comply with the standard of approval.
6.
Assembly Bill 481 requires a City Council that has adopted an ordinance
approving a military equipment use policy to annually review the ordinance
and vote on whether to renew the ordinance at a regular meeting.
7.
Policy 708 of the Firebaugh Police Department Policy Manual has been
prepared by the Firebaugh Police Department as its proposed military
equipment use policy, and it has been published on the Firebaugh Police
Department's internet website since May 1, 2022.
8.
A duly noticed public hearing was conducted by the City Council at
its regular meeting on June 7, 2022, to consider and adopt Policy
708.
b.
Determinations. Based on the above-findings and the information provided
to the City Council at the public meeting, the City Council determines
that Policy 708 of the Firebaugh Police Department Policy Manual complies
with standards for approval under Government Code section 7071:
1.
The identified military equipment is necessary because there is no
reasonable alternative that can achieve the same objective of officer
and civilian safety.
2.
Policy 708 of the Firebaugh Police Department Policy Manual will
safeguard the public's welfare, safety, civil rights, and civil
liberties.
3.
The purchase and use of the military equipment identified in Exhibit
A of Policy 708 is reasonably cost effective compared to available
alternatives that can achieve the same objective of officer and civilian
safety.
4.
All military equipment uses prior to the adoption of Policy 708 of
the Firebaugh Police Department Policy Manual complied with applicable
Department policy in effect at that time and will continue to conform
with future compliance.
5.
Policy 708 of the Firebaugh Police Department Policy Manual is approved
and adopted.
[Added 6-20-2022 by Ord.
No. 22-03]
a.
"Military Equipment" includes all of the following (Gov. Code § 7070):
1.
Unmanned, remotely piloted, powered aerial or ground vehicles.
2.
Mine-resistant ambush-protected ("MRAP") vehicles or armored personnel
carriers. However, police versions of standard consumer vehicles are
specifically excluded from this subdivision.
3.
High mobility multipurpose wheeled vehicles ("HMMWV"), commonly referred
to as Humvees, 2 1/2-ton trucks, five-ton trucks, or wheeled
vehicles that have a breaching or entry apparatus attached. However,
unarmored all-terrain vehicles ("ATVs") and motorized dirt bikes are
specifically excluded from this subdivision.
4.
Tracked armored vehicles that provide ballistic protection to their
occupants and utilize a tracked system instead of wheels for forward
motion.
5.
Command and control vehicles that are either built or modified to
facilitate the operational control and direction of public safety
units.
6.
Weaponized aircraft, vessels, or vehicles of any kind.
7.
Battering rams, slugs, and breaching apparatuses that are explosive
in nature. However, items designed to remove a lock, such as bolt
cutters, or a handheld ram designed to be operated by one person,
are specifically excluded from this subdivision.
8.
Firearms of .50 caliber or greater. However, standard issue shotguns
are specifically excluded from this subdivision.
9.
Ammunition of .50 caliber or greater. However, standard issue shotgun
ammunition is specifically excluded from this subdivision.
10.
Specialized firearms and ammunition of less than .50 caliber, including
assault weapons as defined in sections 30510 and 30515 of the Penal
Code, with the exception of standard issue service weapons and ammunition
of less than .50 caliber that are issued to officers, agents, or employees
of a law enforcement agency or a state agency.
11.
Any firearm or firearm accessory that is designed to launch explosive
projectiles.
12.
"Flashbang" grenades and explosive breaching tools, "tear gas," and
"pepper balls," excluding standard, service-issued handheld pepper
spray.
13.
Taser Shockwave, microwave weapons, water cannons, and the Long-Range
Acoustic Device ("LRAD").
14.
The following projectile launch platforms and their associated munitions:
40mm projectile launchers, "bean bag", rubber bullet, and specialty
impact munition ("SIM") weapons.
15.
Any other equipment as determined by a governing body or a state
agency to require additional oversight.
16.
Notwithstanding paragraphs 1 through 15, "Military Equipment" does
not include general equipment not designated as prohibited or controlled
by the federal Defense Logistics Agency.
b.
"City" means any department, agency, bureau, and/or subordinate division
of the City of Firebaugh.
c.
"Police Department" means any division, section, bureau, employee,
volunteer and/or contractor of the Firebaugh Police Department.
d.
"City Council" means the governing body that is the Firebaugh City
Council.
e.
"Military Equipment Use Policy" means a publicly released, written
document that includes, at a minimum, all of the following:
1.
A description of each type of Military Equipment, the quantity sought,
its capabilities, expected lifespan, and product descriptions from
the manufacturer of the Military Equipment.
2.
The purposes and authorized uses for which the law enforcement agency
or the state agency proposes to use each type of Military Equipment.
3.
The fiscal impact of each type of Military Equipment, including the
initial costs of obtaining the equipment and estimated annual costs
of maintaining the equipment.
4.
The legal and procedural rules that govern each authorized use.
5.
The training, including any course required by the Commission on
Peace Officer Standards and Training, that must be completed before
any officer, agent, or employee of the law enforcement agency or the
state agency is allowed to use each specific type of Military Equipment
to ensure the full protection of the public's welfare, safety,
civil rights, and civil liberties and full adherence to the Military
Equipment use policy.
6.
The mechanisms to ensure compliance with the Military Equipment use
policy, including which independent persons or entities have oversight
authority, and, if applicable, what legally enforceable sanctions
are put in place for violations of the policy.
7.
For a law enforcement agency, the procedures by which members of
the public may register complaints or concerns or submit questions
about the use of each specific type of Military Equipment, and how
the law enforcement agency will ensure that each complaint, concern,
or question receives a response in a timely manner.
f.
"Exigent Circumstances" means a law enforcement agency's good
faith belief that an emergency involving the danger of, or imminent
threat of death or serious physical injury to any person is occurring,
has occurred, or is about to occur.
g.
"State agency" means the law enforcement division of every state
office, officer, department, division, bureau, board, and commission
or other state body or agency, except those agencies provided for
in Article IV (except Section 20 thereof) or Article VI of the California
Constitution.
h.
"Type" means each item that shares the same manufacturer model number.
[Added 6-20-2022 by Ord.
No. 22-03]
a.
The Firebaugh Police Department shall obtain approval of the City Council, by an ordinance adopting a Military Equipment Use Policy ("MEUP") at a regular meeting of the City Council held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with section 54950) of Part 1 of Division 2 of Title 5), prior to engaging in any of the following:
1.
Requesting Military Equipment made available pursuant to section
2576a of Title 10 of the United States Code.
2.
Seeking funds for Military Equipment, including, but not limited
to, applying for a grant, soliciting or accepting private, local,
state, or federal funds, in-kind donations, or other donations or
transfers.
3.
Acquiring Military Equipment either permanently or temporarily, including
by borrowing or leasing.
4.
Collaborating with another law enforcement agency in the deployment
or other use of Military Equipment within the territorial jurisdiction
of the City of Firebaugh.
5.
Using any new or existing Military Equipment for a purpose, in a
manner, or by a person not previously approved by the governing body
pursuant to this section.
6.
Soliciting or responding to a proposal for, or entering into an agreement
with, any other person or entity to seek funds for, apply to receive,
acquire, use, or collaborate in the use of, Military Equipment.
7.
Acquiring Military Equipment through any means not provided by this
section.
b.
No later than May 1, 2022, if seeking to continue the use of any
Military Equipment that was acquired prior to January 1, 2022, the
Firebaugh Police Department shall commence a City Council approval
process in accordance with this section. If the City Council does
not approve the continuing use of Military Equipment, including by
adoption pursuant to a Military Equipment Use Policy submitted pursuant
to this section, within 180 days of submission of the proposed Military
Equipment Use Policy to City Council, the Firebaugh Police Department
shall cease its use of the Military Equipment until it receives the
approval of City Council in accordance with this section.
c.
In seeking the approval of City Council, the Firebaugh Police Department
shall submit a proposed Military Equipment Use Policy to City Council
and make those documents available on the Police Department's
internet website at least 30 days' prior to any public hearing
concerning the Military Equipment at issue.
d.
The governing body shall consider a proposed Military Equipment Use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Ralph M. Brown Act (Chapter 9 (commencing with section 54950) of Part 1 of Division 2 of Title 5).
e.
The governing body shall only approve a Military Equipment Use Policy
pursuant to this subsection if it determines all of the following:
1.
The Military Equipment is necessary because there is no reasonable
alternative that can achieve the same objective of officer and civilian
safety.
2.
The proposed Military Equipment use policy will safeguard the public's
welfare, safety, civil rights, and civil liberties.
3.
If purchasing the equipment, the equipment is reasonably cost effective
compared to available alternatives that can achieve the same objective
of officer and civilian safety.
4.
Prior Military Equipment use complied with the Military Equipment
Use Policy that was in effect at the time, or if prior uses did not
comply with the accompanying Military Equipment Use Policy, corrective
action has been taken to remedy nonconforming uses and ensure future
compliance.
f.
In order to facilitate public participation, any proposed or final
Military Equipment Use Policy shall be made publicly available on
the internet website of the Police Department for as long as the Military
Equipment is available for use.
g.
The City Council shall review any ordinance that is has adopted pursuant to this subsection approving the funding, acquisition, or use of Military Equipment at least annually and vote on whether to renew the ordinance at a regular meeting held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with section 54950) of Part 1 of Division 2 of Title 5).
[Added 6-20-2022 by Ord.
No. 22-03]
a.
Notwithstanding the provisions of this subsection, the Police Department
may acquire, borrow and/or use Military Equipment in Exigent Circumstances
without following the requirements of this section.
b.
If the Police Department acquires, borrows, and/or uses Military
Equipment in Exigent Circumstances, in accordance with this section,
it must take all of the following actions:
1.
Provide written notice of that acquisition or use to the City Council
within 30 days following the commencement of such Exigent Circumstance,
unless such information is confidential or privileged under local,
state or federal law.
2.
If it is anticipated that the use will continue beyond the Exigent
Circumstance, submit a proposed amended Military Equipment Use Policy
to the City Council within 90 days following the borrowing, acquisition
and/or use, and receive approval, as applicable, from the City Council.
3.
Include the Military Equipment in the Police Department's next
annual Military Equipment Report.
[Added 6-20-2022 by Ord.
No. 22-03]
a.
The Police Department shall submit to City Council an annual Military
Equipment Report for each type of Military Equipment approved by the
City Council within one year of approval, and annually thereafter
for as long as the Military Equipment is available for use.
b.
The Police Department shall also make each annual Military Equipment
Report required by this section publicly available on its internet
website for as long as the Military Equipment is available for use.
c.
The annual Military Equipment Report shall, at a minimum, include
the following information for the immediately preceding calendar year
for each type of Military Equipment:
1.
A summary of how the Military Equipment was used and the purpose
of its use.
2.
A summary of any complaints or concerns received concerning the Military
Equipment.
3.
The results of any internal audits, any information about violations
of the Military Equipment Use Policy, and any actions taken in response.
4.
The total annual cost for each type of Military Equipment, including
acquisition, personnel, training, transportation, maintenance, storage,
upgrade, and other ongoing costs, and from what source funds will
be provided for the Military Equipment in the calendar year following
submission of the annual Military Equipment Report.
5.
The quantity possessed for each type of Military Equipment.
6.
If the Police Department intends to acquire additional Military Equipment
in the next year, the quantity sought for each type of Military Equipment.
d.
Within 30 days of submitting and publicly releasing an annual Military
Equipment Report pursuant to this section, the Police Department shall
hold at least one well-publicized and conveniently located community
engagement meeting, at which the general public may discuss and ask
questions regarding the annual Military Equipment report and the law
enforcement agency's funding, acquisition, or use of Military
Equipment.
e.
The City Council shall determine, based on the annual Military Equipment
Report submitted pursuant to this subsection, whether each type of
Military Equipment identified in that report has complied with the
standards for approval set forth in this code and the Military Equipment
Use Policy. If the City Council determines that a type of Military
Equipment identified in the annual Military Equipment Report has not
complied with the standards for approval, the City Council shall either
disapprove a renewal of the authorization of or that type of Military
Equipment or require modification to the Military Equipment Use Policy
in a manner that will resolve the lack of compliance.
[Added 6-20-2022 by Ord.
No. 22-03]
a.
If any section, subsection, sentence, clause, phrase, or word of
this subsection, or any application thereof to any person or circumstance,
is 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 or applications of this subsection.
b.
The City Council hereby declares that it would have passed this subsection
and each and every section, subsection, sentence, clause, phrase,
and word not declared invalid or unconstitutional without regard to
whether any other portion of this subsection or application thereof
would be subsequently declared invalid or unconstitutional.
[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]
[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]
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.
