Title 2
ADMINISTRATION

Chapters:

2.05 Council Meetings

2.10 Commissioner Appointments

2.15 Planning Commission

2.20 Redevelopment Agency

2.25 Emergency Services

2.30 Bonds of Officers

2.35 Municipal Elections

2.40 City Personnel Policies

Chapter 2.05
COUNCIL MEETINGS

Sections:

2.05.010 Meeting place.

2.05.020 Meeting day, time.

2.05.030 Meetings hours.

2.05.040 Special meetings.

2.05.010 Meeting place.

The regular place of meeting of the city council of the city of Point Arena shall be at 451 School Street, Point Arena, in the building known as the Veterans’ Memorial Building. [Ord. 178 § 1, 2001.]

2.05.020 Meeting day, time.

The regular meetings of the city council of the city of Point Arena shall be held on the fourth Tuesday of each month at the hour of 6:00 p.m., except when such days fall on a legal holiday when the meeting shall then be held on the next succeeding business day at the same hour. [Ord. 178 § 2, 2001.]

2.05.030 Meetings hours.

Business at the regular meetings of the city council shall be conducted from 6:00 p.m. to 11:00 p.m., unless extended by a majority vote of the council. If not so extended, business shall be adjourned to the next regularly scheduled meeting, or to such day as is designated by a majority of the council members present. [Ord. 178 § 3, 2001.]

2.05.040 Special meetings.

The city clerk is authorized to call special city council meetings as needed. [Ord. 178 § 4, 2001.]

Chapter 2.10
COMMISSIONER APPOINTMENTS

Sections:

2.10.010 Abolishment of titles.

2.10.020 Commissions established.

2.10.030 Advisory committee.

2.10.040 City council to act as planning commission.

2.10.050 Mayor exempt.

2.10.060 Appointments – Vacancies.

2.10.010 Abolishment of titles.

The city council hereby abolishes the titles and offices of the commissions of fire, police, streets and sewer and places their duties and responsibilities as hereinafter set forth. [Res. 6-89 § 2, 1989.]

2.10.020 Commissions established.

There are hereby established the following commissions with their duties and responsibilities as therein set forth:

(1) Public works commission, whose function is to encompass matters pertaining to streets, sidewalks, curbs and gutters; buildings and grounds; parking and traffic control; and parks and recreation;

(2) Utility commission, whose duties shall encompass matters pertaining to sewers and sewer treatment plant; water company; electric utility and undergrounding districts; telephone company; cable television service; satellite television antenna inspection; garbage disposal service; and solid waste management;

(3) Public safety commission, encompassing matters pertaining to the administration of justice; fire protection; municipal insurance; risk management; and emergency services;

(4) Pier commission shall encompass matters pertaining to the city’s responsibility at the municipal pier and the surrounding waterfront area;

(5) Administrative commission, whose duties shall be dealing with issues of a general administrative nature coordinating the council with city clerk/administrator; handling general administrative matters not otherwise assigned to any other commissioner; dealing with matters of intergovernmental liaison and making recommendations thereon to the full council. [Res. 6-89 § 3, 1989.]

2.10.030 Advisory committee.

Each commissioner is hereby empowered to select an advisory committee, said selection being subject to approval by the full council. [Res. 6-89 § 4, 1989.]

2.10.040 City council to act as planning commission.

The city council, as a body, shall continue to act as a planning commission until such time as provision is made by ordinance for establishing a separate commission with those duties. [Res. 6-89 § 5, 1989.]

2.10.050 Mayor exempt.

The council member holding title as mayor shall, at the option of the mayor, be exempt from commission duties in recognition of the time and responsibilities inherent in that position and it is hereby established that the mayor, as the most visible figure of local government, be charged with matters of public relations and promotion. [Res. 6-89 § 6, 1989.]

2.10.060 Appointments – Vacancies.

The above commission appointments shall be made by the mayor and vacancies shall be filled within 30 days. [Res. 6-89 § 7, 1989.]

Chapter 2.15
PLANNING COMMISSION

Sections:

2.15.010 Planning commission – Created.

2.15.020 Composition and appointment of members.

2.15.030 Qualifications of members.

2.15.040 Vacancies.

2.15.050 Chair and vice chair.

2.15.060 Meetings – Maintaining public record – Noticing.

2.15.070 Duties generally.

2.15.080 Absence from meetings.

2.15.090 Powers.

2.15.100 Rules.

2.15.110 Precise plans.

2.15.120 Subdivisions.

2.15.130 Zoning.

2.15.140 Appeals.

2.15.010 Planning commission – Created.

There is created a planning commission which shall function as an advisory body to the city council, and perform such other functions and duties as set forth in this chapter. [Ord. 150 § 010, 1993.]

2.15.020 Composition and appointment of members.

There shall be five members of the planning commission. Each member of the city council shall appoint one member to the planning commission, whose term shall be concurrent with the term of the city council member making said appointment. Planning commissioners are subject to removal during their term of office upon the recommendation of the appointing city council member and approval by the majority of the city council. In the event that a city council member leaves office before the end of his/her term, the respective planning commissioner shall remain in office until a new appointment is made by the person filling the vacated city council seat. [Ord. 162 § 020, 1996; Ord. 150 § 020, 1993.]

2.15.030 Qualifications of members.

A minimum of three members of the planning commission shall be registered voters of the city at the time of his/her appointment and during his/her incumbency. [Ord. 150 § 030, 1993.]

2.15.040 Vacancies.

Should a vacancy occur on the planning commission and said seat remains vacant for a period of 30 days without being filled by appointment for any reason, the mayor shall have the authority to fill the vacancy subject to council concurrence of said appointment. Any person so appointed by the mayor shall be removed from office only upon the vote of a majority of the city council, or upon expiration of the term of the city council member having authority to appoint to the commission. [Ord. 150 § 040, 1993.]

2.15.050 Chair and vice chair.

The planning commission shall select one of its members as chair and one member as vice chair of the commission. In case of the absence of the chair, the vice chair shall act as the chair. [Ord. 150 § 050, 1993.]

2.15.060 Meetings – Maintaining public record – Noticing.

The planning commission shall meet at least once a month at such time and place as it may fix by resolution, and shall cause a record to be kept of all of its proceedings, which record shall be a public record. The meetings shall be duly noticed in accordance with open meeting laws. Staff shall be the body utilized by the commission to cause the record to be made. [Ord. 150 § 060, 1993.]

2.15.070 Duties generally.

The planning commission shall oversee revisions of the general plan/LCP, every five years, for the physical development of the city and of any land outside its boundaries which in the planning commission’s judgment bears relation to its planning. Amendments shall be conducted pursuant to the Government Code. The planning commission shall also recommend to the city council zoning district changes and shall be the administrative body for conditional use permits and variances, subject to city council review. The planning commission shall also assume all of the duties of the design review committee. It shall also perform such duties and functions which the council shall designate to it by ordinance or resolution. [Ord. 150 § 070, 1993.]

2.15.080 Absence from meetings.

In the event a member of the commission does not attend meetings for a period of 60 days, unless excused for cause by the chairman of the commission, the office of such member shall be deemed to be vacant and the term of such member ipso facto terminated. The secretary of the commission shall immediately notify the mayor of such termination. [Ord. 150 § 080, 1993.]

2.15.090 Powers.

The planning commission shall have all powers, necessary and incidental, to enable it to carry out its duties per Section 65000, et seq., of the California Government Code. [Ord. 150 § 090, 1993.]

2.15.100 Rules.

The commission shall have the power, by resolution, to adopt rules of procedure governing its meetings, its operation, its conduct of public hearings and the performance of its duties. Such resolution, and all modifications thereof, shall be filed with the city clerk. [Ord. 150 § 100, 1993.]

2.15.110 Precise plans.

The planning commission may and if directed by the council shall prepare precise plans based on the general plan, and draft such regulations, programs and ordinances as may in its judgment be required for the systematic execution of the master plan, and the planning commission may recommend such plans and ordinances to the city council for adoption. The scope of such precise plans, their adoption and administration shall be governed by the provisions of Section 65000, et seq., of the Government Code. [Ord. 150 § 110, 1993.]

2.15.120 Subdivisions.

The planning commission shall advise and recommend to the council the approval or disapproval or modification of all maps or plats of land subdivisions. [Ord. 150 § 120, 1993.]

2.15.130 Zoning.

The planning commission shall have the powers and perform the duties with respect to the adoption or administration of zoning regulations as are specified in Section 65000, et seq., of the Government Code. In this respect, the planning commission shall operate as a board of zoning adjustment. [Ord. 150 § 130, 1993.]

2.15.140 Appeals.

Appeals for actions of the planning commission shall be in accordance with the Point Arena zoning ordinance, Article 7. [Ord. 150 § 140, 1993.]

Chapter 2.20
REDEVELOPMENT AGENCY

Sections:

2.20.010 Determination of need.

2.20.020 Declares council redevelopment agency.

2.20.030 Designation.

2.20.040 Compensation established.

2.20.010 Determination of need.

The city council has determined that there is a community need for a redevelopment agency in the city of Point Arena and does hereby so declare that there is a need for a redevelopment agency to function within the city of Point Arena pursuant to Health and Safety Code Section 33000, et seq. [Ord. 115 § 1, 1984.]

2.20.020 Declares council redevelopment agency.

The city council declares itself to be the Point Arena redevelopment agency pursuant to Section 33200 of the Health and Safety Code and finds that such action shall serve the public interest and promote the public safety and welfare in an effective manner. The city council further declares that all of the rights, powers, duties, privileges, and immunities of the community redevelopment law are vested in the city council. [Ord. 115 § 2, 1984.]

2.20.030 Designation.

The redevelopment agency created herein is designated as “the Point Arena redevelopment agency.” [Ord. 115 § 3, 1984.]

2.20.040 Compensation established.

Inasmuch as the population of the city of Point Arena is less than 200,000, compensation of the members of the redevelopment agency is hereby established pursuant to Section 33114.5 of the Health and Safety Code, as such section may be amended from time to time; provided, however, that no member shall receive compensation for attending more than four meetings of the agency during any calendar month. In addition, members shall receive their actual and necessary expenses incurred in the discharge of their duties. [Ord. 115 § 4, 1984.]

Chapter 2.25
EMERGENCY SERVICES*

Sections:

2.25.010 Title.

2.25.020 Purposes.

2.25.030 Definitions.

2.25.040 City emergency organization.

2.25.050 Standardized Emergency Management System (SEMS).

2.25.060 City mutual aid coordinators.

2.25.070 Disaster council – Created.

2.25.080 Disaster council – Powers and duties.

2.25.090 Office of director of emergency services created.

2.25.100 Powers and duties of director.

2.25.110 Local emergency – Authority to proclaim – Ratification.

2.25.120 Legality of initial emergency measures.

2.25.130 Local emergency – Termination.

2.25.140 State of emergency – Who may request conditions.

2.25.150 Activation of county/operational area emergency operations center.

2.25.160 Authority for emergency orders and regulations.

2.25.170 Planning.

2.25.180 Emergency plan.

2.25.190 Emergency preparedness council – Membership.

2.25.200 Office of emergency services created – Officers and staff.

2.25.210 Powers and duties of the director of emergency services.

2.25.220 Authorized emergency vehicles.

2.25.230 Emergency expenditures.

2.25.240 Punishment of violations – Acts prohibited during emergency.

2.25.250 Volunteers.

2.25.260 Joint powers agreement participation.

2.25.270 Authorities and references.

*Prior legislation: Ord. 139.

2.25.010 Title.

This chapter shall be known as and may be cited as the “Emergency Services Ordinance.” [Ord. 168 § 1, 1998.]

2.25.020 Purposes.

The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the protection of persons and property within the city of Point Arena in the event of an emergency; the establishment, coordination, and direction of the city emergency organization; the establishment, coordination and direction of the disaster council; the establishment, coordination and direction of the office of emergency services; and the coordination of the emergency functions of this city with all other public agencies, corporations, organizations and affected private persons. [Ord. 168 § 2, 1998.]

2.25.030 Definitions.

The following terms as used in this section shall, unless the context clearly indicates otherwise, have the respective meanings herein set forth:

(1) “Council” means the city council.

(2) “Emergency” means an actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as environmental disasters, air pollution, fire, flood, storm, epidemic, hazardous materials incident, riot or earthquake, or other conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of the county, requiring the combined forces of other political subdivisions to combat. Included within the term “emergency” are the various degrees of emergency enumerated in the California Emergency Services Act, Section 8558 of the Government Code including “state of war emergency,” “state of emergency” and “local emergency.”

Chapter 7 of state law reference – Emergency Services Act, Government Code Section 8550 et seq., Division 1 of Title 2 of the California Government Code.

(a) “State of war emergency” means the condition which exists immediately, with or without a proclamation thereof by the Governor, whenever this state or nation is attacked by an enemy of the United States, or upon receipt by the state of a warning from the federal government indicating that such an enemy attack is probable or imminent.

(b) “State of emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by such conditions as environmental disasters, air pollution, fire, flood, storm, epidemic, hazardous materials incident, riot, or earthquake or other conditions, other than conditions resulting from a labor controversy or conditions causing a “state of war emergency” which conditions, by reason of their magnitude, are or are likely to be beyond the control of the services, of any single county, city and county, or city, and require the combined forces of a mutual aid region or regions to combat.

(c) “Local emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by such conditions as environmental disasters, air pollution, fire, flood, storm, epidemic, hazardous materials incident, riot or earthquake, or other conditions, other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of the combined forces of other political subdivisions to combat.

(3) “Emergency operations center (EOC)” means a location from which centralized emergency management can be performed.

(4) “Emergency response agency” means any organization responding to an emergency, whether in the field, at the scene of an incident, or to an EOC, in response to an emergency, or providing mutual aid support to such an organization.

(5) “Emergency response personnel” means personnel involved with an agency’s response to an emergency.

(6) “Emergency services” means all activities carried out pursuant to the California Emergency Services Act.

(7) “Expenditures” means any expenditures made in connection with emergency activities, including mutual aid activities, which shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the county.

(8) “Incident” means an occurrence or event, either human-caused or by natural phenomena, that requires action by emergency response personnel to prevent or minimize loss of life or damage to property and/or natural resources.

(9) “Operational area” means an intermediate level of the state emergency services organization, consisting of a county and all political subdivisions within the county area. Each county geographic area has been designated by the state as an operational area. An operational area is used by the county and the political subdivisions comprising the operational area for the coordination of emergency activities and to serve as a link in the system of communications and coordination between the state’s emergency operation centers and the operations centers of the political subdivisions comprising the operational area, as defined in Government Code Sections 8559(b) and 8605. This definition does not change the definition of operational area as used in the existing fire and rescue mutual aid system.

(a) The operational area’s eligibility for state reimbursement of response-related personnel costs under California’s Standardized Emergency Management System (SEMS) shall not be affected by nonparticipation of any local government(s) within the operational area.

(b) The county government shall serve as the lead agency of the operational area unless another member agency of the operational area assumes that responsibility by written agreement with county government.

(c) The city of Point Arena will be a member of the Mendocino County operational area and participate in its functions. [Ord. 168 § 3, 1998.]

2.25.040 City emergency organization.

All officers and employees of the city, together with those volunteer forces registered to aid them during a duly proclaimed emergency, and all groups, organizations and persons who may by agreement or operation of law, including persons impressed into service under the provisions of this chapter, be charged with duties incident to the protection of life and property in the city of Point Arena during such emergency shall constitute the city emergency organization. The city emergency organization also includes the American Red Cross, members of recognized community disaster relief and response organizations (e.g., NEST), Radio Amateur Civil Emergency Services (RACES), and such other organizations and groups as may offer and have their services accepted prior to, during, or after an emergency.

(1) All employees of the city are designated as disaster service workers pursuant to California Government Code Section 3100.

(2) The city emergency organization shall organize its response using the California Standardized Emergency Management System (SEMS). [Ord. 168 § 4, 1998.]

2.25.050 Standardized Emergency Management System (SEMS).

The Standardized Emergency Management System (SEMS) is the adopted emergency management system in the county of Mendocino and the city of Point Arena. The Standardized Emergency Management System (SEMS) utilizes the incident command system (ICS), multi/interagency coordination, mutual aid, and the operational area concept to facilitate priority setting, interagency cooperation and the efficient flow of resources and information during an emergency. [Ord. 168 § 5, 1998.]

2.25.060 City mutual aid coordinators.

The following are named for the purpose of coordinating emergency mutual aid requests made through established state procedures:

(1) Building inspector mutual aid – county chief building official.

(2) Emergency management mutual aid – city director of emergency services.

(3) Fire and rescue mutual aid – senior fire service representative for the area.

(4) Law enforcement mutual aid – senior law enforcement officer for the area.

(5) Medical examiner/coroner mutual aid – senior law enforcement representative.

(6) Medical/health mutual aid – county public health officer (attached representative).

(7) Public works mutual aid – county director, public works. [Ord. 168 § 6, 1998.]

2.25.070 Disaster council – Created.

The disaster council is hereby created and shall consist of the following:

(1) The mayor, who shall serve as the disaster council chair;

(2) A second member of the council, who shall be first vice chair;

(3) The city clerk/administrator;

(4) The city legal counsel (who shall serve without vote);

(5) The senior law enforcement officer for the agency providing services;

(6) The senior fire representative for the agency providing services;

(7) Such department heads as may be appointed by the chair;

(8) Such representatives of federal, state and local civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the chair;

(9) The city director of emergency services shall serve as staff to the disaster council.

State law reference – Local disaster councils, Government Code, Section 8610 et seq. [Ord. 168 § 7, 1998.]

2.25.080 Disaster council – Powers and duties.

It shall be the duty of the 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 chair, or, in the chair’s inability to call such a meeting, the city clerk or his/her designee may call a meeting. The disaster council shall meet a minimum of twice a year. [Ord. 168 § 8, 1998.]

2.25.090 Office of director of emergency services created.

The office of director of emergency services is hereby created. The position of director of emergency services shall be appointed by the city council as well as the position of assistant director of emergency services.

State law reference – Emergency Services Act, Government Code Section 8550 et seq. [Ord. 168 § 9, 1998.]

2.25.100 Powers and duties of director.

The director is hereby empowered to:

(1) Request the city council to proclaim the existence or threatened existence of a “local emergency” if the council is in session, or to issue such if the council is not in session. Whenever a local emergency is proclaimed by the director, the city council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect;

(2) Request the director of the Mendocino operational area, the Governor of the state and the President of the United States 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 chapter;

(4) Direct cooperation between and coordination of services and staff of the emergency organization of this city; and resolve questions of authority and responsibility that may arise;

(5) Represent this city in all dealings 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 California Office of Emergency Services, or the existence of a “state of war emergency,” the director is hereby empowered:

(a) 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, such rules and regulations must be confirmed at the earliest possible time by the city council;

(b) To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to make expenditures, binding the city for the fair value thereof and, if required immediately, to commandeer the same for public use (reference: California Emergency Services Act Section 8572);

(c) To require emergency services of any city officer or employee and, in the event of the proclamation of “emergency” or “state of war emergency,” to command the aid of as many citizens of this city as he or she deems necessary in the execution of his or her duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered disaster service workers;

(d) To requisition necessary personnel or material of any city department or agency; and

(e) To execute all of his or her ordinary power as city executive, all of the special powers conferred upon him or her by this division or by resolution or emergency plan pursuant hereto adopted by the city council, all powers conferred upon him or her by any statute, by any agreement approved by the city council and by any other lawful authority.

(f) The director of emergency services shall designate the order of succession to that office, to take effect in the event the director is unavailable to attend meetings and otherwise perform duties during an emergency. Such order of succession shall be maintained on file with the clerk of the city. [Ord. 168 § 10, 1998.]

2.25.110 Local emergency – Authority to proclaim – Ratification.

The city council, or if the council is not in session, in the following order, the mayor, city clerk, or their designee operating as director of emergency services in the emergency operations center may proclaim a local emergency. Whenever a local emergency is proclaimed by an authorized city officer, the city council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect. [Ord. 168 § 11, 1998.]

2.25.120 Legality of initial emergency measures.

All emergency measures taken by the director of emergency services prior to the issuance of an official proclamation of emergency, or prior to any decision of the city council not to issue such proclamation, shall be legal and binding upon the city. [Ord. 168 § 12, 1998.]

2.25.130 Local emergency – Termination.

Pursuant to the California Emergency Services Act, the council shall review the declaration at least every 14 days until such local emergency has terminated the need for continuing the local emergency, and shall proclaim the termination of such local emergency at the earliest practicable date that conditions warrant. [Ord. 168 § 13, 1998.]

2.25.140 State of emergency – Who may request conditions.

The city council, or if the council is not in session, in the following priority order, the mayor, city clerk, or their designee operating as director of emergency services in the city emergency operations center may request the Governor to proclaim a state of emergency where the conditions of disaster, or of extreme peril to the safety of life and property within the city caused by such conditions as environmental disasters, air pollution, oil or chemical spill, fire, flood, storm, riot, earthquake or other conditions, other than conditions resulting from a labor controversy or conditions causing a “state of war emergency,” which conditions, by reason of their magnitude, are likely to be beyond the control of the city, and require the forces of a mutual aid region or regions to combat. [Ord. 168 § 14, 1998.]

2.25.150 Activation of county/operational area emergency operations center.

The following personnel are authorized to request the activation the county/operational area emergency operations center (EOC): the mayor, the city clerk, city director of emergency services, and others authorized by the city council to act as director of emergency services in the city emergency operations center shall have the responsibility for requesting the partial or total mobilization of the county emergency organization to staff the county/operational area emergency operations center (EOC). [Ord. 168 § 15, 1998.]

2.25.160 Authority for emergency orders and regulations.

The city council, to provide prompt response to emergency situations following the proclamation of a local emergency as authorized in this chapter, the proclamation of a state of emergency, local emergency or the existence of a state of war emergency, specifically delegates, in the following priority order, to the mayor, city clerk, or others authorized by the city council to act as director of emergency services in the emergency operations center authority to promulgate orders and regulations to provide for the protection of life and property, where necessary to preserve the public order and safety. Such orders and regulations should, when circumstances permit, be jointly concurred in, but may be independently promulgated when the situation makes concurrence impractical. All such orders and regulations to be effective must be in writing and signed by the promulgating official, and must be confirmed at the next regular meeting of the city council. [Ord. 168 § 16, 1998.]

2.25.170 Planning.

The city shall include the use of the California Standardized Emergency Management System (SEMS) in all emergency plans and procedures. [Ord. 168 § 17, 1998.]

2.25.180 Emergency plan.

The county operational area office of emergency services shall be responsible for the development of the operational area emergency plan, which plan shall provide for the utilization of the California Standardized Emergency Management System (SEMS) and the effective mobilization of all of the resources of this county, 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. The city emergency plan will reflect all requirements to coordinate activities in conjunction with the operational area emergency plan. Such plan shall take effect upon adoption by resolution of the city council.

It shall be the responsibility of all city emergency operations center section chiefs and alternates to have a thorough knowledge of the city and operational area emergency plan and to ensure that their respective supporting services and key personnel are properly trained and organized to meet all of their responsibilities in the event of an emergency. [Ord. 168 § 18, 1998.]

2.25.190 Emergency preparedness council – Membership.

An emergency preparedness council is established for Mendocino County. The council shall consist of an elected council person or mayor from each of the cities or their elected alternate. The representative for the city of Point Arena will be appointed by the council. [Ord. 168 § 19, 1998.]

2.25.200 Office of emergency services created – Officers and staff.

There is created the city of Point Arena office of emergency services (OES). The city director of emergency services shall be appointed by the city council. The office of emergency services shall function as a part of the director of emergency services duties. [Ord. 168 § 20, 1998.]

2.25.210 Powers and duties of the director of emergency services.

The director of emergency services shall:

(1) Coordinate the activities of all emergency services in pre-emergency planning, during an emergency, and in post-emergency activities as the director of emergency services;

(2) Represent the city in dealings with public and private agencies pertaining to emergency planning;

(3) Organize, develop and coordinate the city’s participation in operational area emergency programs, working with local agencies, county departments, special districts, supporting agencies and volunteer groups;

(4) Prepare and maintain the basic emergency plans for the city and submit such plans to the city council prior to filing with the operational area office of emergency services;

(5) Serve as secretary of the disaster council;

(6) Serve as advisor on emergency preparedness matters to directors of emergency services of any agencies that have by agreement contracted with the city for such services;

(7) Maintain 24-hour a day availability of on-call emergency management personnel for immediate response if called upon by the city;

(8) Exercise the city emergency operations center in whole or part, at least annually;

(9) Perform other duties as may be assigned by the city council. [Ord. 168 § 21, 1998.]

2.25.220 Authorized emergency vehicles.

Private or public owned vehicles, while operated in the line of duty by office of emergency services personnel responding to, but not returning from, emergency calls are designated authorized emergency vehicles (California Vehicle Code Section 2416(10)).

Private vehicles must comply with California Government Code Title 13, Sections 1120 through 1124, and be issued an authorized emergency vehicle permit (California Vehicle Code Section 165) prior to operation as authorized emergency vehicles. [Ord. 168 § 22, 1998.]

2.25.230 Emergency expenditures.

Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city of Point Arena. [Ord. 168 § 23, 1998.]

2.25.240 Punishment of violations – Acts prohibited during emergency.

During the period of beginning on the date of the existence of when a major disaster is declared by the director of emergency services and ending 180 days after that date, and within the area to which the declaration applies, it shall be a misdemeanor, punishable by a fine not to exceed $5,000, or by imprisonment for not to exceed six months, or both, for any person, contractor, business or other entity during an emergency to:

(1) Willfully obstruct, hinder or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this division or in the performance of any duty imposed upon him or her by virtue of this division;

(2) Do any act forbidden by any lawful rule or regulation issued pursuant to this division, if such act is of such a nature as to give or be likely to give assistance to the enemy (during a state of war emergency), or to imperil the lives or property of inhabitants of this city, or to prevent, hinder or delay the defense or protection thereof;

(3) Wear, carry or display, without authority, any means of identification specified by any emergency services agency of the state of California, the county of Mendocino, county districts, or any city in the county of Mendocino;

(4) Sell, or offer to sell, any consumer food items, repair or reconstruction services, emergency or medical supplies or gasoline for an amount which is 10 or more percent greater than the price charged by a person, contractor, business or other entity for said goods or services immediately prior to the proclamation of emergency unless said person, business, contractor or other entity can prove that the increase was directly attributable to additional costs imposed on it by the supplier of the goods or for labor and materials used to provide the service.

For purposes of this emergency order, the following definitions shall apply:

(a) A “consumer food item” is any article which is used or intended for use for food, drink, confection or condiment by humans or animals.

(b) “Repair or reconstruction services” are those contractor services for repairs to residential and commercial property of any type which are damaged as a result of the disaster. This includes the removal of debris (including a damaged tree) and garbage.

(c) “Emergency supplies” shall include but are not limited to water, flashlights, radios, batteries, candles, blankets, soaps and diapers.

(d) “Medical supplies” shall include but are not limited to prescription and nonprescription drugs, bandages, gauzes and isopropyl alcohol;

(5) Buy, sell, remove, deface, cover, hide, destroy, or tamper with any sign, tag or placard posted by a member of the city emergency organization on a building or structure damaged by a disaster;

(6) Post any sign, tag or placard not authorized by the city of Point Arena emergency organization on a building or structure damaged by a disaster. [Ord. 168 § 24, 1998.]

2.25.250 Volunteers.

Volunteers who perform service in the city emergency organization in accordance with the provisions of this chapter shall so serve without compensation. Volunteers shall be registered with the city office of emergency services as disaster service workers in order to be eligible for worker’s compensation benefits, as provided for starting with Section 3201 of Part 1, of Division 4, of the State Labor Code. [Ord. 168 § 25, 1998.]

2.25.260 Joint powers agreement participation.

In the event the city council elects to participate in a joint powers agreement with any other jurisdictions in the county, to include cities, districts, or other agencies, the functions of the county operational area office of emergency services, the director of emergency services and any related boards, councils or commissions will be transferred. The agency formed by such agreement will be considered the “lead agency.” In the event the joint powers agreement should dissolve, the city will immediately and automatically assume its role of a member of a county operational area which would be administered by the county of Mendocino and perform all obligations attached thereto. [Ord. 168 § 26, 1998.]

2.25.270 Authorities and references.

(1) California Code of Regulations Title 19, Division 2, Office of Emergency Services, Chapter 1, Section 2400, Standardized Emergency Management System (SEMS) Regulations.

(2) California Emergency Services Act.

(3) California Government Code Section 3100 – Disaster Service Workers. [Ord. 168 § 27, 1998.]

Chapter 2.30
BONDS OF OFFICERS

Sections:

2.30.010 Bond amounts, procedures established.

2.30.010 Bond amounts, procedures established.

(1) The marshal and treasurer of the city of Point Arena shall, each, before entering upon the duties of their office, give a bond in the penal sum of $1,000.

(2) The clerk and recorder shall, each, before entering upon the duties of their office, give a bond in the sum of $250.00.

(3) All bonds to be conditioned according to law, and approved by the board of trustees. [Ord. 32 § 1, 1912.]

Chapter 2.35
MUNICIPAL ELECTIONS*

Sections:

2.35.010 Statutory authority – Date designated.

2.35.020 Council member – Term of office – New members.

2.35.030 Future elections to be held on same day as statewide general election.

*Prior legislation: Ord. 35.

2.35.010 Statutory authority – Date designated.

Pursuant to the authority of Section 36503.5(a) of the Government Code, the date for the general municipal election of the city of Point Arena shall be held on the same day as the statewide general election. Pursuant to Elections Code Section 2550, the statewide general election shall be held on the first Tuesday after the first Monday of November in each even-numbered year. [Ord. 158 § 2, 1995.]

2.35.020 Council member – Term of office – New members.

Those elected city officers whose terms of office would have, prior to the adoption of the ordinance codified in this chapter, expired on the first regular city council meeting occurring after the receipt of the certificate of county clerk as to the result of the canvass and statement of vote cast after an election in June of an even-numbered year shall, instead, continue in their office until no later than the first regular meeting of the city council to occur after receipt of the certificate of county clerk as to the result of the canvass and statement of the vote cast after the date of the general municipal election established by this chapter. The city council shall at this same meeting seat its new members and select the mayor and vice mayor. [Ord. 158 § 3, 1995.]

2.35.030 Future elections to be held on same day as statewide general election.

Each future municipal election of the city shall be conducted on the same day as the statewide general election unless this chapter is subsequently repealed. [Ord. 158 § 4, 1995.]

Chapter 2.40
CITY PERSONNEL POLICIES*

Sections:

2.40.010 Personnel files.

2.40.020 Excessive absence.

2.40.030 Tardiness.

2.40.040 Work hours.

2.40.050 Meal periods.

2.40.060 Rest periods.

2.40.070 Call time.

2.40.080 Disciplinary action.

2.40.090 Pay practices.

2.40.100 Observance of holidays.

2.40.110 Vacation.

2.40.120 Personal leave.

2.40.130 Sick leave.

2.40.140 Leave without pay.

2.40.150 Leaves to perform jury duty.

2.40.160 Response to a subpoena.

2.40.170 Bereavement leave.

2.40.180 Workers’ compensation.

2.40.190 Use of private vehicles.

2.40.200 Travel reimbursement.

2.40.210 Computer systems – Electronic mail – Internet.

2.40.220 Grievance procedures.

2.40.230 Annual review.

2.40.240 Adjustments to wages and benefits.

2.40.250 Pension plan.

2.40.260 Medical and dental coverage.

*Code reviser’s note: The appendix is on file in the city clerk’s office.

2.40.010 Personnel files.

The city shall maintain a personnel file for each employee. Employees shall have the right to review their file. No material will be inserted into the employee’s personnel file without notice. Employees may cause to have placed in their files responses to adverse material previously filed and a reasonable amount of correspondence originating from other sources directly related to their job performance. Materials related to disciplinary actions recommended, but not taken, or disciplinary actions overturned on appeal shall not be retained in an employee’s personnel file. Personnel files shall be kept in a locked file and only the employee concerned or persons designated by the city council shall have the right to examine an employee’s file. [Res. 2003-29, 2003.]

2.40.020 Excessive absence.

The city may take disciplinary action on the basis of excessive absence by any employee. Excused absences consist of absences covered by sick or bereavement leave, vacation or personal leave time, or required city business. Excused absences are also those requested and approved by the employee’s supervisor or the city council prior to the absence. [Res. 2003-29, 2003.]

2.40.030 Tardiness.

The city may take disciplinary action on the basis of tardiness by any employee. Employees may request and receive approval from their supervisor or commissioner to arrive late to work if necessary. This provision should not be unreasonably applied in the case of a bona fide emergency. [Res. 2003-29, 2003.]

2.40.040 Work hours.

All employees shall report for work and work their scheduled hours except in cases when they have received prior approval from their supervisor and/or commissioner to do otherwise. Hours constituting a full day’s work and/or a full week’s work shall depend on the employee’s position as designated in the appendix. No employee shall be required to work more than 40 hours per week, without being paid for overtime. When overtime work is assigned and authorized by the council, compensation for such time shall be computed at the rate of one and one-half times the regular hourly rate of pay. In the case of an emergency, the council may choose to retroactively approve overtime. An employee may elect to receive compensatory time in lieu of cash compensation for overtime, if the council agrees. [Res. 2003-29, 2003.]

2.40.050 Meal periods.

Employees shall be granted an unpaid meal period not less than 30 minutes nor more than one hour, scheduled at approximately the mid-point of the workday. [Res. 2003-29, 2003.]

2.40.060 Rest periods.

All workers shall be granted and take a rest period of 15 minutes during each half shift of four hours of work. Rest periods shall be considered as time worked for pay purposes. The worker may not take his or her rest period so as to arrive late or leave early. [Res. 2003-29, 2003.]

2.40.070 Call time.

Any employee called in to work outside of regular working hours on an emergency basis shall work and be paid for a minimum of three hours. If such a “call in” occurs on a regular paid holiday, double-time will be paid for the hours worked. [Res. 2003-29, 2003.]

2.40.080 Disciplinary action.

The city may take disciplinary action for cause against any employee by suspension, demotion or discharge by notifying the employee in writing. Notice of the action shall be served on the employee in person or by mail prior to its effective date. The notice shall be included in the employee’s personnel file and include the nature of the disciplinary action, the effective date of the action and a concise statement of the act(s) or omission(s) for which the action is taken. The employee shall be given 30 days notice prior to the effective date of the action, except where circumstances require immediate action. Within 15 days of the notice, the employee may reply in writing to the city council.

Disciplinary proceedings are to be initiated by the city council as a body. A Skelly hearing will be held before the city council acting in the capacity of a hearing board. The Skelly hearing will be conducted in a closed session with the city council unless, upon given written notice of his or her right to have the complaint or charge heard in an open session, he or she chooses to do so. The notice must be delivered by mail or personally no less than 24 hours before the time for holding the city council session. The item of business must be agendized.

The city council will consider the appropriateness of a penalty or discipline. Stages of progressive discipline involve increasing levels of punishment that the council may impose. Early levels of discipline may begin with a verbal warning, counseling, or a written warning. A written warning should specify what happened; the date and time of the events in question; what rule, policy, standard or agreement the employee violated; and what the employee must do to improve. The next levels of discipline may include suspension, demotion, discharge or reduction in pay.

After a disciplinary measure has been decided by the city council, the employee must be given time to prepare a response to the charges. Prior to a hearing of the response to the charges, council members will not participate in any off-the-record “ex parte” communications with the employee or anyone else about the matter with the exception of the city clerk, provided he/she has not participated in the disciplinary proceedings as an advocate.

At a hearing before the city council, the employee must then be permitted to appear, present evidence on his or her behalf, and confront and cross-examine adverse witnesses. The employee is entitled to be represented by counsel. The employee also has a right to receive all evidence that forms the basis of the disciplinary decision so as to allow effective rebuttal and cross-examination. A tape-recorded or stenographic record of the hearing must be made. The city council must then issue findings to support its decision. [Res. 2003-29, 2003.]

2.40.090 Pay practices.

Each employee shall be paid as provided by the basic pay plan. The basic pay plan consists of the salary ranges and the assignment of classes to such ranges as provided in the appendix. [Res. 2003-29, 2003.]

2.40.100 Observance of holidays.

Employees are entitled to holiday pay. The following shall be observed as legal holidays: New Year’s Day, Martin Luther King Jr. Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day. Holidays shall be observed on the official federal holiday. Holidays that fall on a vacation period or during an extended illness of four or more days shall not be charged against the employee’s vacation or sick leave balance. If holiday work is assigned and authorized by the city council, such time worked shall be paid at the rate of double time the regular hourly pay. No employee may elect to work a holiday that falls on his or her regular day off. An employee may, elect to receive compensatory time with the city council’s approval. [Res. 2003-29, 2003.]

2.40.110 Vacation.

For employees working a 40-hour week, vacation will accrue monthly from the date of employment. All other employees will have their vacation accrual determined by prorating the average number of hours worked per week for the previous six months before the vacation. Vacation may not be taken during the first six months of employment. Paid vacation time will accrue at the following rates:

1 week	One year of employment
2 weeks	Two to four years employment
3 weeks	Five to nine years employment
4 weeks	10 or more years employment

Time for vacation shall be submitted to the city council or its designee no less than one month prior to such vacation being taken; if an employee can find a replacement for their position, the council may make an exception. The city council should make all reasonable efforts to grant vacation time at the time requested, subject to the convenience of other employees and administrative requirements. In the case of the denial of a requested vacation time, the city council should make every effort to approve an alternate vacation request.

Any vacation accrued during the year shall be taken by the employee during the following one-year period. In the event the employee does not take all of the vacation time he or she is entitled to during the year, he or she shall be allowed to carry over the unused portion; provided, that he or she does not accumulate more than two years vacation time earnings. The only exceptions to this provision are for those instances where the employee is absent due to a work related injury or in the case of inability to take vacation due to extreme emergency. If an employee has not taken unused vacation at the end of the two-year period, the employee will receive an automatic payout of unused vacation at the end of the two-year period on his or her anniversary date. An employee who terminates employment shall be paid the monetary value of the earned vacation as of the date of termination. [Res. 2003-29, 2003.]

2.40.120 Personal leave.

All employees shall be allowed one day of paid personal leave per calendar year. Such leave may be used by the employee for any lawful purposes he or she desires; provided, except in the case of an emergency, such leave is scheduled at least one week in advance with the employee’s supervisor or the council. At the employee’s request, this personal leave day may be used before or after Thanksgiving, Christmas or New Year’s Day, except when staffing needs dictate otherwise. [Res. 2003-29, 2003.]

2.40.130 Sick leave.

All employees shall be entitled to paid sick leave. For employees working a 40-hour workweek, such leave shall be earned on the basis of accrued time on the job at the rate of 12 days per year. For all other employees, such leave shall be earned by prorating the sick time allotted by the average number of hours worked per week for the previous six months. A written statement from a medical authority must support requests for sick leave in excess of three days. Sick leave will accrue monthly but may not be taken within the first six months of employment. In the event the employee does not take all the sick leave to which he or she has accrued during the year, he or she shall be allowed to carry over the unused portion; provided, that he or she does not accumulate more than 60 days of sick leave earnings. If any employee accrues more than the 60-day maximum sick leave, each year at the employee’s anniversary date, he or she shall be paid 30 percent of any accrued time beyond the 60-day maximum. When supported by a written statement from a medical authority, employees may use accrued sick leave for the care of a sick and/or injured member of their family. [Res. 2003-29, 2003.]

2.40.140 Leave without pay.

When an employee has exhausted all accumulated sick leave the employee may use accumulated paid vacation time. When an employee has exhausted all paid leave he or she may request a leave without pay for up to three months. The city council will grant all requests for unpaid leave of absence if such request is for medical reasons related to the employee or for the care of a sick and/or injured member of their family. All other requests for unpaid leave will be granted at the discretion of the city council. [Res. 2003-29, 2003.]

2.40.150 Leaves to perform jury duty.

All employees shall be allowed to take leave from his or her duties without loss of wages, vacation leave, sick leave or other benefits. Any employee receiving notice of jury duty is required to notify his or her supervisor, commissioner or the city council of his or her summons to jury duty and of its completion. An employee who responds to a jury summons and is not selected as a juror shall return to work as soon as possible. [Res. 2003-29, 2003.]

2.40.160 Response to a subpoena.

No employee shall suffer loss of wages or benefits in responding to a subpoena to testify in court if that employee is not a party to the litigation or is not otherwise compensated. [Res. 2003-29, 2003.]

2.40.170 Bereavement leave.

Leaves of absence with pay shall be granted to employees to allow them to discharge the customary obligations arising from the death of a member of the immediate family. Up to five days with pay shall be granted with four days chargeable to sick leave as the second through the fifth day, if necessary. [Res. 2003-29, 2003.]

2.40.180 Workers’ compensation.

All employees shall be entitled to all benefits required by federal and state workers’ compensation laws. [Res. 2003-29, 2003.]

2.40.190 Use of private vehicles.

No employee shall be required as a condition of employment to possess or provide a private vehicle for use in connection with his or her employment. The city may authorize the use of private vehicles by its employees and maintain a list of those employees authorized to use their private vehicles on the job. Each employee so authorized must have a California state driver’s license. Employees whose vehicle is damaged in a collision while driving a personal vehicle on city business shall be reimbursed for such damage not to exceed $500.00; provided, that the amount of damage to be reimbursed by the city is not otherwise recoverable under any other insurance policy. [Res. 2003-29, 2003.]

2.40.200 Travel reimbursement.

Any employee required to travel on business for the city who has been authorized to use and does use a privately owned automobile shall be allowed and paid as a traveling expense for the actual miles traveled during any calendar month at the travel reimbursement rate paid by the county of Mendocino at the time of travel. Employees who are required in the performance of their duties to travel and to be away from home during their normal breakfast and/or dinner hours shall be reimbursed for their meals at a rate not exceeding $10.00 for breakfast and $20.00 for dinner. If required to be away from home overnight, lunch shall be reimbursed at a rate not exceeding $15.00. Employees who are required in the performance of their duties to travel away from home overnight shall be reimbursed for their lodging expenses on a case-by-case basis. All requests for lodging reimbursement require prior approval of the city council except in cases of extreme emergency. Receipts for all expenditures and a mileage log for business travel shall be submitted with any claim for travel expenses. All such claims shall be submitted no later than 90 days from the employee’s travel return date. [Res. 2003-29, 2003.]

2.40.210 Computer systems – Electronic mail – Internet.

All computer systems, electronic mail and voice mail systems are the property of the city, including all data and messages stored or transmitted thereon. During working hours, electronic communications are to be used solely for city business and the city reserves the right to monitor or access all employee Internet or e-mail usage. Use of the Internet connection or e-mail for personal business is permitted only during regular break times. All passwords will be kept on file in the office of the city clerk, who will keep the file in a secure manner. Any discriminatory, offensive or unprofessional message transmissions are prohibited. Access to any Internet sites that are discriminatory or offensive is not allowed, and no employee is permitted to post personal opinions on the Internet using the city’s access, particularly if the opinion is of a political or discriminatory nature. The city retains the right to monitor all computer use with or without the knowledge of the user being monitored. Such monitoring may include, but is not limited to, computer files accessed and computer activities, and the content of Internet websites accessed or e-mails sent and/or received. Monitoring must be authorized by the city council acting as a body at a publicly noticed meeting. Employees are hereby notified that they do not have privacy rights in the use of city computers. [Res. 2003-29, 2003.]

2.40.220 Grievance procedures.

The city recognizes that early settlement of grievances is essential to sound employee relations. The city seeks to establish a satisfactory method for the settlement of grievances filed by its employees. A grievance is defined as an alleged violation, misinterpretation or misapplication of the city’s personnel policies or an alleged infringement of an employee’s personal rights as it pertains to his or her employment. Employees shall have the right to present their own grievance or do so through a representative of their own choosing. In presenting a grievance, the aggrieved and his or her representative is assured freedom from restraint, interference, coercion, discrimination or reprisal.

Within 20 days of the occurrence or discovery of an alleged grievance, the grievance shall be presented in writing to the city council. The grievance shall contain the following:

(1) The name of the grievant;

(2) The specific nature of the grievance;

(3) The time and place of occurrence;

(4) The rule, law, regulation, policy or personal right alleged to have been violated, improperly interpreted, applied or misapplied;

(5) The corrective action desired.

The city council shall meet in closed session and cause to have delivered a written decision within 30 days of the receipt of the grievance. If the grievant is not satisfied with the decision of the council, he or she may request a hearing before the city council wherein he or she and/or his or her representative may present evidence and/or argument in further support of the grievance. The hearing shall be in closed session unless the grievant specifically requests it to be held in open session. The city council shall render a written decision within 30 days of the hearing. The decision of the city council shall be final.

Nothing contained in this procedure should discourage the aggrieved employee to act promptly through informal discussions with the city or its designee on any act, condition or circumstance that is causing employee satisfaction. Employees are encouraged to utilize informal discussions to seek action to remove the cause of dissatisfaction before it serves as the basis for a grievance.

The term grievance excludes appeals of non-punitive actions, such as layoff, denial of merit increase, failure to receive promotion, etc. It also excludes areas of management discretion, such as policy and budget decisions. The disciplinary process is not subject to the grievance procedures. [Res. 2003-29, 2003.]

2.40.230 Annual review.

Employees will be evaluated by the city council, annually at their anniversary date. Prior to the evaluation, employees will be reviewed by their commissioners utilizing the employee evaluation form provided for in the appendix. The council will consider the recommendations and the evaluation of the commissioner and adopt it or modify it, in its discretion. The evaluation as adopted or ratified by the council as a whole will be placed in the employee’s personnel file. [Res. 2003-29, 2003.]

2.40.240 Adjustments to wages and benefits.

The city council shall have the discretion to increase or decrease the wage and benefits of its employees. It shall also have the discretion to pay to its employees bonuses and commissions. In exercising its discretion, it may consider the city’s financial condition, the employee’s work performance, the employee’s length of service, the cost of living and the employee’s job responsibilities. [Res. 2003-29, 2003.]

2.40.250 Pension plan.

The city will provide a Savings Incentive Match Plan for Employees (SIMPLE) IRA and will match contributions equal to the employee’s salary reduction contributions up to a limit of three percent of the employee’s base wages for the year. The plan shall be available to all employees who have had continuous employment with the city for at least six months. The city will perform automatic payroll deductions from the employee’s semi-monthly payroll checks for the purpose of withholding the designated contribution amount and transmitting it to the plan administrator for investment into each employee’s SIMPLE IRA account. Employees electing to be included in the plan for fiscal year 1999/2000 were required to be signed up for inclusion by September 1, 1999. Beginning fiscal year 2000/2001, employees may opt to be included or modify the percentage of their contribution four times per year (September 1st, December 1st, March 1st and June 1st). [Res. 2003-29, 2003.]

2.40.260 Medical and dental coverage.

The city provides medical and dental coverage to its employees, who have been employed for six months or more. The Blue Cross PPO Classic Plan provides the medical and dental coverage. The city pays for 100 percent of the cost of coverage for all employees who are in pay status 30 hours per week or more. The city pays 50 percent of the cost of coverage for employees who are in pay status a minimum of 20 hours per week. [Res. 2003-29, 2003.]