City of Santa Monica, CA Chapter 2.32 MISCELLANEOUS

§ 2.32.010 The Seal.

The corporate seal of the City shall be circular and about two inches in diameter and shall contain the following words:

"City of Santa Monica, Cal. Corporate Seal,

Incorporated Nov. 30, 1886, Chartered 1907"

(Prior code § 2600)

§ 2.32.020 Use of the City Seal.

(a) The purpose of this Section is to restrict use of the City Seal to official City business.

(b) The City Clerk shall have charge of the City Seal and shall affix the City Seal to all certificates required by law, by this Code, or by ordinance of the City.

(c) Except as provided for in this Section, no person, other than the City of Santa Monica, shall reproduce, use, give away, sell, or distribute any seal, or facsimile thereof, purporting to be or represented to be the City Seal of the City of Santa Monica.

(d) City officers, City employees, members of the City Council, and members of City Boards and Commissions, may use stationery and printed materials with the City Seal, or facsimile thereof, while acting within the scope of their office or employment.

(e) No person, including any elected officer of the City, shall use the City Seal, or facsimile thereof, in any correspondence or other printed materials distributed in favor of or against any ballot measure or in favor of or against any candidate for public office.

(f) A recognized employee organization may use the City Seal, or facsimile thereof, on stationery and printed materials used in the scope of its representation of City employees and on articles of clothing intended for use by City employees.

(Prior code § 2601; amended by Ord. No. 1363CCS, adopted 3/25/86)

§ 2.32.030 Execution of contracts.

Pursuant to the provisions of Section 1303 of the City Charter, there is hereby assigned to the City Manager the additional duty of executing on behalf of the City all conveyances, contracts and agreements authorized to be executed by the City Council or by any officer, board or commission pursuant to the provisions of the City Charter or applicable law or ordinance. The City Manager may delegate in writing the duty and authority to sign any contract or agreement.

(Prior code § 2602; amended by Ord. No. 2581CCS § 3, adopted 8/14/18)

§ 2.32.040 City Attorney investigative authority.

(a) In investigating any matter where the City Charter, an ordinance of the City, State law, or Federal law grants to the City Attorney the duty or power to investigate, enforce, or prosecute a matter, the City Attorney shall have the power to:

(1) Inspect, upon reasonable notice, all documents, physical materials, and other items required to be maintained under any provision of the Government Code or this Municipal Code;

(2) Issue subpoenas for the attendance and testimony of witnesses, and the production of documents, physical materials, and other items;

(3) Issue written interrogatories;

(4) Administer oaths and affirmations and take evidence;

(5) Petition a court of competent jurisdiction to compel the attendance and testimony of witnesses, the answering of written interrogatories, and the production of documents, physical items, and other items.

The City Attorney may exercise these powers prior to or following the filing of any civil, criminal, or administrative action.

(b) The City Attorney shall determine and establish the form of the subpoena issued pursuant to this section.

(c) Destruction or concealment of items requested pursuant to a subpoena issued under this section shall constitute a misdemeanor and shall be punishable as set forth in Section 1.08.010 of this Code.

(Added by Ord. No. 2620CCS § 1, adopted 10/22/19)

§ 2.32.050 Form of City Council subpoena.

The form of Subpoena to be issued by the City Council under Section 614 of the City Charter shall be substantially as follows:

STATE OF CALIFORNIA	)
COUNTY OF LOS ANGELES	)	SS	IN THE MATTER OF
CITY OF SANTA MONICA SUBPOENA	)
THE CITY OF SANTA MONICA SENDS GREETINGS TO:
You are hereby commanded to appear before the City Council of the City of Santa Monica, in the Council Chamber in the City Hall of said City, on the ______ day of ___________, 20 __, at the hour of _______ o'clock __M., to testify in a matter now pending before said City Council concerning ____________________and to bring with you and to produce before said City Council the following: ________________________to be used as evidence.
Disobedience of this subpoena or the refusal to testify (except upon constitutional grounds) shall constitute a misdemeanor and shall be punishable by the penalties provided for in Section 1.08.010 of the Municipal Code of the City of Santa Monica.
In Witness Whereof, I have hereunto set my hand and affixed the seal of said City of Santa Monica this _________ day of ________, 20____ .
__________________________________ City Clerk.

(Prior code § 2604; amended by Ord. No. 1355CCS, adopted 1/14/86; Ord. No. 2620CCS § 2, adopted 10/22/19)

§ 2.32.060 Use of subpoena by Hearing Examiner and boards and commissions.

The Hearing Examiner, Architectural Review Board, Personnel Board, Planning Commission, Nuisance Abatement Board, or upon specific authorization by the City Council, any other board or commission enumerated in Article X of the City Charter or created by ordinance of the City Council are empowered to compel the attendance of witnesses, to examine them under oath, and to compel them to produce all evidence before it. Subpoenas may be issued in the name of the City pursuant to the order of the Hearing Examiner or any such board or commission and be attested by the City Clerk. Such subpoenas shall be in substantially the same form as herein provided for subpoenas to be issued by the order of the City Council. Disobedience of any subpoena issued in the manner herein provided or the refusal to testify (except under constitutional grounds), shall constitute a misdemeanor and shall be punishable by the penalties provided for in Section 1.08.010 hereof.

(Prior code § 2605; amended by Ord. No. 1355CCS, adopted 1/14/86; Ord. No. 1854CCS § 2, adopted 6/11/96)

§ 2.32.070 Service.

Subpoenas issued by the order of the City Council or by any board or commission under Section 2.32.060 shall be served by a police officer or other person by delivering a true copy thereof to the witness and by exhibiting the original subpoena to such witness, and such police officer or other person making such service shall make due return thereof in writing, showing such service and the time, date and place thereof.

(Prior code § 2606; amended by Ord. No. 1355CCS, adopted 1/14/86)

§ 2.32.080 Witness fees and mileage.

A witness appearing pursuant to a subpoena of the City Council or pursuant to Section 2.32.060 shall be entitled to receive the sum of four dollars and fifty cents for each hour that he or she is actually in attendance, not to exceed the sum of thirty-five dollars per day, and in addition thereto, for mileage actually traveled, both ways, twenty cents a mile. Such witness shall not be entitled to demand payment of fees and mileage in advance.

Such fees and mileage shall constitute a demand against the City to be paid in like manner as other demands.

(Prior code § 2607; amended by Ord. No. 1355CCS, adopted 1/14/86)

§ 2.32.090 Complaint for disobedience.

Should any person fail to obey any such subpoena, or refuse to testify (except upon constitutional grounds) the City Council, board or commission, pursuant to whose order such subpoena is issued, shall thereupon adopt a resolution embodying the facts of such disobedience or refusal to testify and directing the presiding officer of such body to make complaint in the Municipal Court for the Santa Monica Judicial District against such person.

(Prior code § 2608; amended by Ord. No. 1355CCS, adopted 1/14/86)

§ 2.32.100 Enforcement of Rent Control Board subpoenas.

Disobedience of any subpoena issued by or on behalf of the Rent Control Board pursuant to the provisions of Article XVIII of the City Charter or the refusal to testify before the Rent Control Board or one of its hearing officers (except upon constitutional grounds) shall constitute a misdemeanor and shall be punishable by the penalties provided for in Section 1.08.010 hereof. Should any person fail to obey such subpoena or refuse to testify (except upon constitutional grounds), the Rent Control Board shall thereupon adopt a resolution embodying the facts of such disobedience or refusal to testify and directing the Chairperson of the Rent Control Board to make complaint in the Municipal Court for the Santa Monica Judicial District against such person.

(Prior code § 2608A; amended by Ord. No. 1355CCS, adopted 1/14/86)

§ 2.32.110 Display of flag.

At all gatherings, meetings or conventions of a public or private nature, occupying, possessing, or using any building or property belonging to, or leased by or otherwise possessed by the City, an American Flag shall be displayed in a conspicuous and public place in accordance with the rules and regulations of the Army of the United States of America.

(Prior code § 2609)

§ 2.32.120 Extraterritorial powers.

The various departments of the City hereby are authorized to render aid outside of the territorial limits of the City whenever in the discretion of the department head of the particular department involved such aid is necessary in the preservation of life and property.

(Prior code § 2610)

§ 2.32.130 Tax collection.

The City hereby elects to avail itself of the privilege of an Act entitled "An Act to provide for the levy and collection of taxes by and for the use of municipal corporations and cities incorporated under the laws of the State of California, except municipal corporations of the first class, and to provide for the consolidation and abolition of certain municipal officers and to provide that their duties may be performed by certain officers of the County, and fixing the compensation to be allowed for such County officers for the services so rendered to such municipal corporation," approved March 27th, 1895, and all amendments thereof; and until further order the assessment of taxable property within the said City, and the levy and collection of taxes for the revenue for carrying on the various departments of said City, and to pay the bonded and other indebtedness, shall be assessed, levied and collected as in said Act is consistent with the provisions of the Charter of said City.

(Prior code § 2611)

§ 2.32.140 Official bonds.

The following officers and employees of the City shall execute and give official bonds in the amounts set forth after the title of their respective offices and positions five thousand dollars.

(Prior code § 2612; amended by Ord. No. 222CCS, adopted 6/27/50)

§ 2.32.150 Public official bonds.

The City Treasurer is hereby required to execute, to the City, a public official bond in such sum as may be determined, from time to time by resolution, by the City Council, provided however, that such sum shall not be less than one hundred thousand dollars nor more than two hundred fifty thousand dollars. The premium on said bond shall be paid by the City.

(Prior code § 2612a; amended by Ord. No. 1090CCS, adopted 5/23/78)

§ 2.32.160 Faithful performance bonds.

Each of the following specified employees and such other employees as designated, from time to time by resolution, by the City Council shall be covered by an official bond to the City, as beneficiary, for the faithful performance of his or her duties and to account to the City for all monies and other properties coming into his or her possession or control: City Manager, Grants Director, Environmental Services Director, Recreation and Parks Director, Assistant City Manager, Finance Director, City Clerk, City Attorney, Building Officer, General Services Director, Fire Chief, Police Chief, Planning Director, Administrative Services Director, City Librarian, Director of Civic Auditorium, Transportation Director, Airport Director, Data Processing Manager, Enterprises Manager, City Engineer, and all other than nonclerical City employees of Transportation Director's office. The maximum sum for such bond(s) may be determined by the City Council, from time to time, by resolution, with no maximum limit. The premium on said bond(s) shall be paid by the City.

(Prior code § 2612b; amended by Ord. No. 1090CCS, adopted 5/23/78)

§ 2.32.170 Honesty bonds.

All employees of the City not otherwise covered by bond shall be covered by an honesty blanket position bond with a maximum limit of two hundred fifty thousand dollars. The City Council may adjust the limit of coverage periodically as required by resolution.

(Prior code § 2612c; amended by Ord. No. 1090CCS, adopted 5/23/78)

§ 2.32.180 Sales and license division—City Treasurer.

Pursuant to the provisions of Section 1030 of the City Charter, there hereby is assigned to the City Treasurer's Department of the City all functions and duties heretofore assigned to the Sales Tax and License Division of the City. Said functions and duties shall hereafter be performed under the direction and supervision of the City Treasurer as the department head of the City Treasurer's Department of the City.

(Prior code § 2613)

§ 2.32.190 Sales and license division—Personnel and records.

There hereby is assigned to the City Treasurer's Department all personnel, office equipment, property and records formerly employed in carrying on the functions of the Sales Tax and License Division of said City.

(Prior code § 2614)

§ 2.32.200 Disposition of unclaimed property.

It shall be the duty of every employee and officer of the City who shall find any lost money or property in or upon any public ground, highway, road, public building or other property of the City to deliver the same to the officer or person in charge of the place where such money or property is found or to the head of the department in which such employee is employed together with a written statement disclosing the circumstances of the finding including the time and place thereof and the address of the owner or person entitled to possession, if known.

(Prior code § 2615)

§ 2.32.210 Custody of the Police Department.

The person to whom such money or property is delivered shall cause the same to be delivered to the custody of the Police Department, which shall care for and protect all such money or property, or any other lost money or property delivered into the custody of the Police Department, coming into its possession. If the true owner or the one entitled to possession of the money or property appears within ninety days of receipts of the money or property by the Police Department, the Police Department shall restore such property or money upon proof of ownership or right to possession satisfactory to them and upon the payment of all necessary costs incurred in the care and protection of such property.

(Prior code § 2615a; amended by Ord. No. 1740CCS § 1, adopted 5/10/94)

§ 2.32.220 Notice of sale.

Should any such property, other than money, remain unclaimed by its true owner, the Police Department shall follow the procedures set forth below:

(1) If the reported value of the property is two hundred fifty dollars or more and no owner appears and proves his or her ownership of the property within ninety days, the Police Department shall cause notice of the property to be published at least once in a newspaper of general circulation in the City. If, after seven days following the first publication of the notice, no owner appears and proves his or her ownership of the property and the person who found or saved the property pays the cost of the publication, the title shall vest in the person who found or saved the property unless the property was found in the course of employment by an employee of a public agency, in which case the property shall be sold at public auction to the highest bidder. Title to the property shall not vest in the person who found or saved the property or in the successful bidder at the public auction unless payment of all necessary costs incurred in the care and protection of such property, including the cost of publication, is first paid to the City of Santa Monica.

(2) If the reported value of the property is less than two hundred fifty dollars and no owner appears and proves his or her ownership of the property within ninety days, the title shall vest in the person who found or saved the property unless the property was found in the course of employment by an employee of a public agency, in which case the property shall be sold at public auction to the highest bidder.

(3) If personal property is not claimed under subsections (1) or (2) above, the Police Department shall cause the personal property to be sold at public auction to the highest bidder. The Police Department shall have a notice of sale given at least five days before the public auction by publication once in a newspaper of general circulation published in the City. The notice shall contain a statement of the time and place fixed for such auction, together with a schedule of property to be offered for sale. Immediately after the completion of any such sale, the Police Department shall report to the Finance Director the necessary expenses of such sale actually incurred and a statement of the proceeds thereof and shall forthwith pay to the Finance Director for deposit in the general fund, the proceeds remaining after the payment of the expenses actually incurred.

(4) Any property remaining unsold after being offered at such public auction may be destroyed or otherwise disposed of by the City.

(5) If the City determines that any property which could be put up for public auction is needed for a public use, such property may be retained by the City and need not be sold.

(Prior code § 2615b; amended by Ord. No. 848CCS, adopted 11/10/70; Ord. No. 1740CCS § 2, adopted 5/10/94)

§ 2.32.230 Finance Director.

Any such money in the custody of the Police Department or the Transportation Department under Section 2.32.250, which remains unclaimed by its true owner for a period of six months from the date of finding shall be turned over to the Finance Director for deposit in the general fund.

(Prior code § 2615c; amended by Ord. No. 1740CCS § 3, adopted 5/10/94)

§ 2.32.240 Receipt.

Whenever any lost money or property is delivered to the custody of the Police Department by other than a person mentioned in Section 2.32.200 hereof, a receipt for such money or property shall be given to such person. Said receipt shall state upon what conditions the Police Department will receive such money or property and that such property may be disposed of in accordance with the provisions of this Chapter. Any such property or money which remains in the custody of the Police Department, unclaimed by its true owner, for the period provided for such item in Section 2.32.220 or 2.32.230 shall be disposed of in the manner provided by such Sections. In no event, however, shall such a sale of property or deposit of money in the general fund be made unless the person who delivered such money or property into the custody of the Police Department, if known, shall have been given at least five days' written notice that such money is to be turned over to the Finance Director for deposit in the general fund or that such property is to be put up for sale at public auction, and if within said five-day period said person shall claim such money or property and establish that he or she delivered the same into the custody of the Police Department, the same shall be returned to him or her.

(Prior code § 2615d; amended by Ord. No. 848CCS, adopted 11/10/70; Ord. No. 1740CCS § 4, adopted 5/10/94)

§ 2.32.250 Buses.

Not withstanding anything to the contrary contained in Section 2.32.200 hereof, any lost money or property found in or upon any bus belonging to the City or in or upon any building occupied by the Transportation Department of the City shall be delivered into the custody of the head of the Transportation Department of the City, which person shall care for and protect all such property coming into his or her possession. Said department head shall restore such property or money to its true owner or the one entitled to possession upon proof of ownership or right to possession satisfactory to said department head and upon the payment of all necessary costs incurred in the care and protection of such property. Should any such property or money be not restored within a period of ninety days from the date of finding, said department head shall cause such property or money to be delivered into the custody of the Police Department, which shall follow the procedures set forth at Sections 2.32.220 and 2.32.240 for the sale of personal property or, if money remains unclaimed for an additional ninety days, the deposit of money into the general fund pursuant to Section 2.32.230.

(Prior code § 2615e; amended by Ord. No. 1740CCS § 5, adopted 5/10/94)

§ 2.32.260 Summary sale.

Should any such property mentioned in Sections 2.32.200 and 2.32.210, while in the custody of the Police Department be in danger of perishing or losing the greater part of its value or should the lawful charges as a finder of such property amount to two-thirds of its value, the same may be sold immediately by the Police Department in the same manner as the sale of a thing pledged and the provisions of Section 2.32.220 hereof shall not apply to the sale thereof.

(Prior code § 2615f; amended Ord. No. 1740CCS § 6, adopted 5/10/94)

§ 2.32.270 Compensation for Planning Commissioners.

(a) Members of the Planning Commission will be compensated in the amount of twenty-five dollars per meeting attended, to a maximum of one hundred dollars per month. Such compensation shall be deemed reimbursement for out-of-pocket expenditures and costs imposed upon members in serving on the Planning Commission.

(b) Beginning twelve months after the first date of the adoption of this Section, and once yearly thereafter, the amount of compensation for Planning Commissioners shall be increased by an amount equal to the increase in the Consumer Price Index for the prior twelve-month period. As used in this Section, the Consumer Price Index ("CPI") shall be the CPI for All Urban Consumers for the Los Angeles, Long Beach, Anaheim Metropolitan Area provided by the United States Bureau of Labor Statistics, unless another comparable index is determined to be appropriate by resolution of the City Council.

(c) Planning Commissioners shall receive compensation or reimbursement pursuant to this Section only if in accordance with otherwise applicable Federal, State, and local laws.

(Prior code § 2620; added by Ord. No. 1457CCS, adopted 10/11/88; amended by Ord. No. 2582CCS § 1, adopted 8/14/18)

§ 2.32.280 Prohibition against City employees serving on legislative bodies.

No City employee may serve as a member of any City board or commission, or as a member of any other legislative body all of whose members are appointed by the City Council. For purposes of this Section, "legislative body" shall be defined as provided by State law in the Ralph M. Brown Act.

(Added by Ord. No. 2209CCS § 1, adopted 10/10/06)

§ 2.32.290 Prohibition on Gratuities.

(a) No City official shall receive, accept, take, seek, or solicit, directly or indirectly, anything of economic value as a gift, gratuity, or favor, from any person or entity to whom the official has conferred a public benefit within the last twelve months, intended as a reward or token of appreciation for or because of any official act performed by the public official. This Section shall be in addition to the provisions of Charter Section XXII, the Taxpayer Protection Act.

(b) As used herein, the term "public benefit" does not include public employment in the normal course of business for services rendered, but includes a contract, benefit, permit, or arrangement between the City and any individual, corporation, firm, partnership, association, or other person or entity to:

(1) Provide services of a value in excess of five thousand dollars over any twelve-month period;

(2) Sell or furnish any material, supplies or equipment to the City of a value in excess of five thousand dollars over any twelve-month period;

(3) Buy or sell any real property to or from the City with a value in excess of five thousand dollars, or lease or license any real property to or from the City with a value in excess of five thousand dollars over any twelve-month period;

(4) Receive an award of a franchise to conduct any business activity in a territory, and for which gross revenue from the business activity exceeds five thousand dollars in any twelve-month period;

(5) Confer a land use variance, special use permit, or other exception to a pre-existing master plan or land use ordinance pertaining to real property where such decision has a value in excess of five thousand dollars;

(6) Confer a tax abatement, exception, or benefit not generally applicable of a value in excess of five thousand dollars in any twelve-month period; or

(7) Receive cash or property of a net value to the recipient in excess of five thousand dollars in any twelve-month period.

(c) Those persons or entities receiving public benefits as defined above shall include the individual, corporation, firm, partnership, association, or other person or entity so benefiting, and any individual or person who, during a period where such benefit is received or accrues:

(1) Has more than a five percent equity, participation, or revenue interest in that entity; or

(2) Who is a trustee, director, partner, or officer of that entity or of another entity that owns or controls the entity receiving the public benefit, excepting persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6) of the Internal Revenue Code. However, this exception shall not apply if the organization is a political committee or controls political committees as defined by California Government Code Section 82013 or 2 U.S.C. Section 431(4) or successor provisions.

(d) As used herein, the term "public official" includes any elected or appointed public official acting in an official capacity. This includes, but is not limited to: City Council members, Planning Commission members, and the City Manager, City Attorney, City Clerk, and Department Heads and their designees who may confer public benefits as defined in this Section.

(e) Each violation of the provisions of this Chapter shall constitute a misdemeanor. Alternatively, a civil action may also be brought by the City or any interested party before any court of competent jurisdiction. In addition to all other remedies authorized by law, the court may impose a fine of up to five hundred dollars for each violation of this Chapter.

(Added by Ord. No. 2791CCS, 9/24/2024)