CHAPTER 2
ADMINISTRATION

Sections:

ARTICLE I. IN GENERAL

2.1    Place and time of council meetings.

2.1-5    Number of votes for actions.

2.2    Special meetings.

2.3    Signing of certain documents in absence of mayor.

2.4    Fiscal year.

2.5    Claims against city for injuries and damages; procedure to be followed.

2.6    Transfer of certain taxation functions to county.

2.6-5    Adoption of city seal.

ARTICLE II. OFFICERS AND EMPLOYEES GENERALLY

2.7    Compensation.

2.8    Bond—City treasurer.

2.8-1    Repealed by Ordinance No. 1983.

2.8-2    Repealed by Ordinance No. 1983.

2.9    Official bonds—Chief of police.

2.10    Same—Other officers.

2.11    Powers and duties of the office of the city clerk.

2.12—2.17    Repealed by Ordinance No. 1983.

ARTICLE III. CITY MANAGER

2.18    Office created.

2.18-1    Residence.

2.18-2    Eligibility.

2.18-3    Bond.

2.18-4    Acting city manager.

2.18-5    Compensation.

2.18-6    Powers and duties.

2.18-7    Internal relations.

2.18-8    Removal procedure.

2.18-9    Agreements on employment.

2.19    Criminal history information use—Authorized.

2.19A    Criminal history information use—Designated.

2.19B    Criminal history information use—City employee.

2.20    Requesting, maintaining or disclosing sensitive information prohibited.

2.21    Exceptions to prohibitions.

2.22    Use of city resources prohibited.

ARTICLE IV. BOARDS AND COMMISSIONS—GENERAL PROVISIONS

2.23    Composition, appointment and removal of members.

2.24    Eligibility for membership.

2.25    Term of office.

2.26    Terms of members—Filling vacancies.

2.27    Absences.

2.28    Compensation.

2.29    Appointment to salaried office.

2.30    Quorum.

2.31    Organization.

2.32    Cooperation of city officers and employees.

2.33    Not to incur obligations, expend revenues or commit city.

2.34    City council and staff liaisons.

2.35    Rules for transaction of business—Records.

ARTICLE IVA. PLANNING COMMISSION

2.36    Creation.

2.37    Monthly meetings.

2.38    Authority to contract for services and assistance.

2.39    Powers and duties generally.

ARTICLE IVB. PUBLIC SAFETY COMMISSION

2.40    Creation and composition.

2.41    Ex officio members.

2.42    Meetings.

2.43    Powers and duties generally.

ARTICLE IVC. PARKS AND RECREATION COMMISSION

2.44    Creation.

2.45    School district representative.

2.46    Powers and duties.

ARTICLE IVD. FREEWAY AND TRANSPORTATION COMMISSION

2.47    Creation.

2.48    Responsibilities.

2.49    Method.

2.50    Limitations.

ARTICLE IVE. ANIMAL COMMISSION

2.51    Creation.

2.52    Meetings.

2.53    Powers and duties.

ARTICLE IVF. SENIOR CITIZEN COMMISSION

2.54    Creation.

2.55    Powers and duties.

ARTICLE IVG. NATURAL RESOURCES AND ENVIRONMENTAL COMMISSION

2.56    Creation.

2.57    Powers and duties.

ARTICLE IVH. CULTURAL HERITAGE COMMISSION

2.58A    Title.

2.58B    Purpose.

2.59A    Definitions.

2.59B    Enabling authority.

2.60    Creation.

2.61    Cultural heritage commission.

2.62    Powers and duties of the commission.

2.63    Register of landmarks and historic districts.

2.64    Inventory of cultural resources.

2.65    Certificate of appropriateness – Alteration and demolition.

2.66    Certificate of appropriateness not required – Conditions posing an imminent threat to life, limb, or property.

2.67    Enforcement and penalties.

2.68    Historic preservation incentives.

2.68A    Severability of provisions.

ARTICLE IVI. FINANCE COMMISSION

2.69    Creation.

2.70    Meetings.

2.71    Powers and duties.

2.72    Composition of members.

ARTICLE IVJ. LIBRARY BOARD OF TRUSTEES

2.77    Creation.

2.78    Powers and duties generally.

2.78-5    Suspension or expulsion for violation of library rules.

2.79    Title to property.

ARTICLE IVK. PUBLIC WORKS COMMISSION

2.79-1    Creation.

2.79-2    Responsibilities.

2.79-3    Limitations.

2.79-4    Composition of members.

2.79-5    Meetings.

2.79-6    Sunset.

ARTICLE IVL. PUBLIC ART COMMISSION

2.79-7    Creation.

2.79-8    Responsibilities.

2.79-9    Limitations.

2.79-10    Composition of members.

2.79-11    Meetings.

ARTICLE V. SPECIAL FUNDS

2.80    Capital outlays fund for public improvements created.

2.81    Repealed by Ordinance No. 1433.

2.82    Special gas tax street improvement fund—Creation.

2.83    Same—Payment of money received from state into fund.

ARTICLE VI. LIBRARY SPECIAL TAX

2.89    Short title.

2.89-1    Definitions.

2.89-2    Exemptions.

2.89-3    Special tax.

2.89-4    Purpose.

2.89-5    Tax rate; contingency.

2.89-6    Term.

2.89-7    Adjustments and refunds.

2.89-8    Amendments.

2.89-9    Severability.

2.89-10    Effective date.

ARTICLE VII. DISPOSITION OF UNCLAIMED PROPERTY

2.90    Delivery to chief of police.

2.91    Storage of personal property.

2.92    Claiming property.

2.93    Sale at public auction.

2.94    Notice of auction.

2.95    Destruction of property.

ARTICLE VIII. RESERVE POLICE FORCE

2.96    Creation.

2.96-1    Members and appointment of members.

2.96-2    Oath of office.

2.96-3    Compensation.

2.96-4    Duties, training and control.

2.96-5    Identification, insignia or badge.

2.96-6    Removal, resignation, surrender of identification card and insignia or badge.

2.96-7    Level I reserves—Powers and duties—Statutory authority.

2.96-8    Level I reserves—Eligibility determination.

2.96-9    Level I reserves—Scope.

ARTICLE IX. ACCEPTANCE OF PENAL CODE REQUIREMENTS FOR PUBLIC SAFETY DISPATCHERS

2.96A-1    Acceptance of requirements.

ARTICLE X. DIRECTOR OF FINANCE

2.99    Office established.

2.99-1    Appointment.

2.99-2    Powers and duties.

2.99-3    Bond.

2.99-4    Transfer of fiscal duties.

2.99-5    Additional transfer of duties.

ARTICLE XI. PURCHASING

2.99-29    Purchasing system.

2.99-29A    Purchase and sale of real property.

2.99-29B    Disposal of surplus real property.

ARTICLE XII. CANDIDATES FOR ELECTIVE OFFICES

2.99-30    Filing fee established.

2.99-31    Payment required when nomination papers filed.

2.99-32    Deposit of fees into general fund.

2.99-33    General municipal election.

ARTICLE XIII. AWARDING PUBLIC WORKS CONTRACTS

2.99-34    Purpose.

2.99-35    Public projects.

2.99-36    List of contractors.

2.99-37    Informal bidding procedure.

2.99-38    Notice inviting formal bids.

2.99-39    Awarding formal bids.

2.99-40    Emergencies.

ARTICLE XIV. CAMPAIGN CONTRIBUTION REGULATIONS

2.99-41    Purpose and intent.

2.99-42    Definitions.

2.99-43    Campaign contribution limitations.

2.99-44    Return of excessive contributions.

2.99-45    City clerk responsibilities.

2.99-46    Criminal misdemeanor actions.

2.99-47    Civil actions.

2.99-48    Injunctive relief.

2.99-49    Cost of litigation.

2.99-50    Construction of provisions.

ARTICLE XV. BY-DISTRICT ELECTORAL SYSTEM

2.99-51    By-district electoral system.

ARTICLE I. IN GENERAL

2.1 Place and time of council meetings.

Regular meetings of the city council shall be held in the Council Chambers, 1424 Mission Street, at a time of day to be set by resolution on the first and third Wednesday of each month of the year; provided, that if any Wednesday fixed for the date of such meetings falls on any day declared by the provisions of law to be a holiday, then such regular meeting shall be held on the next succeeding day, not a holiday, at the hour and place hereinbefore named for such meeting; provided, however, that any adjourned regular or special meeting may be held on any date and at any hour selected by the mayor with the consent of a majority of the city council; provided that the date and hour at which any such adjourned regular or special meeting is to be held is publicly announced by the mayor at the regular or special meeting from which the adjournment is taken. Should the above meeting location be unable to accommodate that in attendance at any meeting, an adjournment to suitable quarters may be had after public announcement by the mayor of such adjournment. (Ord. No. 1238, § 1; Ord. No. 1878, § 1; Ord. No. 1891, § 1; Ord. No. 1933, § 1; Ord. No. 2226, § 1, 2012.)

2.1-5 Number of votes for actions.

Notwithstanding anything else contained in this Code or any ordinance, resolution, rule or regulation and unless a greater number is required by state law, every action of the city council requires at least three affirmative votes. (Ord. No. 2089, § 1.)

2.2 Special meetings.

Special meetings of the city council may be called at any time in the manner prescribed by law. (Ord. No. 1120, § 1; Ord. No. 1238, § 2; Ord. No. 1348, § 1; Ord. No. 1427, § 1; Ord. No. 1623, § 1; Ord. No. 1679, § 1; Ord. No. 1836, § 1; Ord. No. 1838, § 1; Ord. No. 1845, § 1; Ord. No. 1873, § 1; Ord. No. 1878, § 1; Ord. No. 1891, § 2.)

2.3 Signing of certain documents in absence of mayor.

Pursuant to authority granted by the Government Code of the state, the mayor pro tempore, an officer of the city, is authorized, in the absence of the mayor, to sign the following documents:

(a)    All warrants drawn on the city treasurer;

(b)    All written contracts and conveyances made or entered into by the city;

(c)    All instruments requiring the city seal.

In the absence of both the mayor and the mayor pro tempore, the city manager or, in his absence, the assistant city manager is authorized to sign the aforesaid warrants, contracts, conveyances and instruments requiring the city seal. (Ord. No. 1219, §§ 1, 2.)

2.4 Fiscal year.

The fiscal year of the city shall be the fiscal year as fixed by California Government Code § 13290. It shall commence on July 1st and end on June 30th of the following year. (Ord. No. 399, § 1; Ord. No. 1983, § 2.)

2.5 Claims against city for injuries and damages; procedure to be followed.

No suit shall be brought for money or damages against the city, or any employee, officer, board member or commission member of the city, until a demand for payment of the same has been presented and filed in the manner hereinafter specified, and has been rejected in whole or in part. If rejected in part, suit may be brought to recover the whole.

All demands shall be in writing, shall be denominated a “claim,” shall be signed and verified by the claimant, shall give the claimant’s post office and residence address, shall be addressed to the council and filed with the city clerk. A copy shall be served personally on the employee, officer, board member or commission member. In presenting a demand not founded upon contract, full details as to the nature of the demand, the time and place when and where it arose, the public property or the public officers or employees alleged to be at fault, the nature, extent and amount of the injury or damage claimed, and all other details necessary to a full consideration of the merit and legality of such demand must be stated. All other demands must be fully itemized and must specify the date of each item thereof.

Except in those cases where a shorter period of time is otherwise provided by law, all claims relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after the accrual of the cause of action and all claims relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action. (Ord. No. 1983, § 2.)

2.6 Transfer of certain taxation functions to county.

The city council does hereby elect to avail itself of the provisions of the act of the legislature of the state, 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, excepting municipal corporations of the first class, and to provide for the consolidation and abolition of certain municipal offices, 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 corporations,”* approved March 27, 1895, and all acts amending the same, excepting the provisions of Section 2 of such act. (Ord. No. 373, § 1.)

*    For state law as to transfer of city tax functions to county, see Gov. C., §§ 51500 to 51519.

2.6-5 Adoption of city seal.*

The city shall have, and does hereby adopt, an official seal, a facsimile of which is hereinafter set forth:

(a)    USE OF SEAL. The impression of said seal shall be made and used upon all official documents executed by the city or its duly authorized officials.

(b)    CUSTODIAN. The city clerk shall be the custodian of said seal.

(c)    Any use of said seal except by or with the consent of the city council or city clerk is unlawful.

(d)    No person shall use the city seal or any replica, copy, facsimile, or characterization thereof, on any letterhead, document, badge, circular, envelope, or other disseminated material without the consent of the city council. No public officer shall use the city letterhead or seal, or any replica, copy, facsimile, or characterization thereof, except for official city business; and the same shall not be used for the purpose of electioneering or the dissemination of material contrary to or in conflict with any official position of the city council. (Ord. No. 1515, § 1; Ord. No. 1658, § 1.)

*    For the statutory requirement that cities adopt a city seal see Gov. C., § 34501;

    For the statutory provision that the city clerk is the custodian of the seal, see Gov. C., § 40811.

ARTICLE II. OFFICERS AND EMPLOYEES GENERALLY

2.7 Compensation.

The following compensation shall be paid to elected officials:

(a)    The following compensation shall be paid to the elected city clerk:

(1)    The city clerk’s salary shall be two thousand seven hundred fifty dollars per month effective January 1, 1986. Thereafter, the city clerk’s salary shall be established by resolution adopted by the city council of the city.

(2)    Commencing with the term of the city clerk that begins following the General Municipal Election in November 2013, the compensation of the elected city clerk shall be a stipend established by resolution adopted by the city council of the city.

(b)    The following salary increase shall be paid to the city treasurer:

(1)    Ten percent retroactive to July 1, 1984;

(2)    Two percent longevity for each five years of service, retroactive to July 1, 1984.

(c)    City councilmember: amounts authorized by Section 36516 of the California Government Code. (Ord. No. 1874, §§ 2, 3; Ord. No. 1699, § 2; Ord. No. 1747, § 1; Ord. No. 1766, § 1; Ord. No. 1810, § 1; Ord. No. 1812, § 1; Ord. No. 1840, § 1; Ord. No. 1854, § 1; Ord. No. 1897, §§ 1, 2; Ord. No. 2245, § 1, 2013.)

2.8 Bond—City treasurer.

The treasurer of the city, before entering upon the duties of such office, shall execute and deliver to the city a bond in the penal sum of twenty-five thousand dollars, conditioned upon the faithful performance of the duties as treasurer. (Ord. No. 767, § 1; Ord. No. 1143, § 1; Ord. No. 1699, § 3.)

2.8-1 Repealed by Ordinance No. 1983.

2.8-2 Repealed by Ordinance No. 1983.

2.9 Official bonds—Chief of police.

The chief of police of the city, before entering upon the duties of his or her office, shall execute and deliver to the city a bond in the penal sum of two thousand five hundred dollars, conditioned upon the faithful performance of his or her duties as chief. (Ord. No. 767, § 1; Ord. No. 1143, § 2.)

2.10 Same—Other officers.

The city council may require of other officers and employees of the city a bond in such penal sum as may be determined. An honesty bond may be required instead of a faithful performance bond and may be in the form of a blanket bond. (Ord. No. 767, § 1; Ord. No. 1147, § 1.)

2.11 Powers and duties of the office of the city clerk.

The office of the city clerk, which includes the elected city clerk and all personnel assigned by the city manager to assist the elected city clerk, shall:

(a)    Perform all the functions and have the authority established by California Government Code Sections 40801, 40806 and 40811 through 40814;

(b)    Unless excused by the city council and a deputy attends as a replacement, attend all meetings of the city council and be responsible for recording and maintaining the official record of all the actions of the city council;

(c)    Keep all ordinances, resolutions and meeting minutes adopted by the city council, so they are readily accessible to the public;

(d)    In cooperation with the city manager, provide general secretarial support to the city council, including, but not limited to, preparing general correspondence, commendations, proclamations, and other official documentation;

(e)    Keep all official records of the council and of the office of the city clerk, so they are readily accessible to the public until such time as any of the records may be destroyed, or reproduced and the original destroyed, in accordance with state law;

(f)    Serve as the official custodian of all official city records;

(g)    Under the direction of the city manager, prepare, post, in accordance with law, and certify posting of agendas for regular, adjourned, special and closed session meetings of the council, which agendas shall be in a format approved by the city council;

(h)    Perform the duties of the elections official prescribed by the California Elections Code for conducting municipal elections;

(i)    Perform the duties imposed upon city clerks by the California Political Reform Act;

(j)    Be responsible for the publication of all official advertising for the city;

(k)    Be responsible for the keeping current and distributing the municipal code;

(l)    Under the direction of the city manager, process all claims filed against the city and its officers, agents or employees, pursuant to this code;

(m)    Perform such other duties as may be required of the city clerk by the city council; and

(n)    Have daily regular works hours similar to the city’s management team. (Ord. No. 2090, § 1; Ord. No. 2245, § 2, 2013.)

2.12—2.17 Repealed by Ordinance No. 1983.

ARTICLE III. CITY MANAGER*

*    For state law as to city manager, see Gov. C.A., §§ 34850 to 34859.

    Prior ordinance history: Ord. No. 494, as amended by Ord. Nos. 818, 1351 and 1362.

2.18 Office created.

The office of the city manager of the city is hereby created and established. The city manager shall be appointed by the city council wholly on the basis of his or her administrative and executive ability and qualifications and shall hold office for and during the pleasure of the city council. (Ord. No. 1580, § 1.)

2.18-1 Residence.

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 one hundred eighty days after reporting for work the city manager must become a resident of the city unless the city council approves his residence outside the city. (Ord. No. 1580, § 1.)

2.18-2 Eligibility.

No member of the city council shall be eligible for appointment as city manager until one year has elapsed after such council member has ceased to be a member of the city council. (Ord. No. 1580, § 1.)

2.18-3 Bond.

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. No. 1580, § 1.)

2.18-4 Acting city manager.

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 two month period, the city council may, after the two-month period, appoint an acting city manager. (Ord. No. 1580, § 1.)

2.18-5 Compensation.

The city manager. shall receive such compensation as the city council shall from time to time determine.

In addition, the city manager shall be reimbursed for all actual and necessary expenses incurred by him/her in the performance of his/her official duties.

On termination of employment of the city manager by reason of involuntary removal from service other than for wilful misconduct in office, the city manager shall receive cash severance pay in a lump sum upon such terms and in such amount as may be agreed upon in writing but not to exceed the maximum as allowed by state law as it may be amended from time to time, such pay to be computed at the highest salary received by the city manager during his/her service with the city. Involuntary removal from service shall include involuntary reduction in pay not applicable to all employees of the city. (Ord. No. 1580, § 1: Ord. No. 1703, § 1; Ord. No. 2148 § 1.)

2.18-6 Powers and duties.*

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 article. 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, and he shall appoint, remove, promote and demote any and all officers and employees of the city except the city clerk, city treasurer or city attorney, subject to all applicable personnel ordinances, rules and regulations.

(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)    INVESTIGATIONS 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 and he shall exercise general supervision over all public buildings, public parks, and all other public property which are under the control and jurisdiction of the city council.

(1)    ADDITIONAL DUTIES. 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. (Ord. No. 1580, § 1.)

*    As to duties of city manager relative to air pollution, see §§ 4.8 and 4.9 of this Code. As to duties of city manager relative to charitable solicitations, see §§ 10.1 to 10.10. As to designation of city manager as director of civil defense and disaster, see § 11.8. As to duty of city manager to direct and control health officer, see § 17.1. As to authority of city manager to install traffic control devices, see § 19.34. As to authority of city manager to suspend, etc., private patrol licenses, see § 25.45.

2.18-7 Internal relations.

(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 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 commission, board or committee 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. No. 1580, § 1.)

2.18-8 Removal procedure.

(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 thirty days before the effective date of his removal. If the city manager so requests, the city council shall provide in writing reasons for the intended removal, which shall be provided the city manager within seven days after the receipt of such request from the city manager, and at least fifteen 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. 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 and be heard, with or without counsel.

(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 here in above set forth, the city manager shall not be removed from office, other than for misconduct in office, during or within a period of ninety days next succeeding any general municipal election is 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 hereof as to the removal of the city manager shall apply and be effective. (Ord. No. 1580, § 1.)

2.18-9 Agreements on employment.

Nothing in this article 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 article. (Ord. No. 1580, § 1.)

2.19 Criminal history information use—Authorized.

The following officer is hereby authorized to access and utilize criminal history record information when it is required for them to fulfill employment, certification, or licensing duties as hereinafter specified in Section 2.19-A: City Manager. (Ord. No. 1723, § 1.)

2.19A Criminal history information use—Designated.

Conviction (including pleas of guilty and nolo contendere) of a felony shall be prima facie disqualification of an applicant for municipal employment or an applicant for the following city licenses or permits:

Adult business;

Massage parlor;

Solicitor, canvasser, itinerant vendor;

Fortune teller;

Taxi driver;

Boardinghouse, lodginghouse;

Circus;

Entertainment with dance or performers;

Escort or dating bureau;

Firearms sales;

Public dance hall;

Carnival;

Pawnbroker;

Security service.

An applicant who is thus prima facie disqualified for employment, licensing, or permit may make an appeal in writing to the employing, licensing, or certifying agency or officer. The agency or officer shall consider the following factors and shall render a decision on whether the appeal should be upheld, which decision shall be final and conclusive:

(a)    The classification to which the person is applying or which the person is employed, including its sensitivity;

(b)    The nature and seriousness of the conduct;

(c)    The circumstances surrounding the conduct;

(d)    The date of the conduct;

(e)    The age of the applicant at the time of the conduct;

(f)    Contributing social or environmental conditions;

(g)    The absence or presence of rehabilitation or efforts at rehabilitation. (Ord. No. 1723, § 1; Ord. No. 1968, § 1.)

2.19B Criminal history information use—City employee.

Notwithstanding the provisions of Section 2.19A hereof, an applicant for a peace officer or firefighter position shall be disqualified, without right of appeal, from employment if the applicant shall have been convicted of a felony. (Ord. No. 1723, § 1.)

2.20 Requesting, maintaining or disclosing sensitive information prohibited.

(a)    No city agency, department, officer, employee, or agent shall request or maintain information about sensitive information about any person except as provided in the ordinance codified in this section. “Sensitive information” for purposes of this section is defined as any information that may be considered sensitive or personal by nature, including a person’s status as a victim of domestic abuse or sexual assault; status as a victim or witness to a crime generally; citizenship or immigration status; status as a recipient of public assistance; sexual orientation; biological sex or gender identity; or disability.

(b)    No city agency, department, officer, employee, or agent shall disclose sensitive information about any person except as provided in the ordinance codified in this section. (Ord. No. 2319, § 1, 2017.)

2.21 Exceptions to prohibitions.

The prohibitions in SPMC 2.20 shall not apply where the individual to whom such information pertains provides his or her consent (or if such individual is a minor, the consent of that person’s parent or guardian), where the information or disclosure is necessary to provide a city service or employment benefit or as necessary in the discharge of law enforcement responsibilities or where otherwise required by state or federal law or judicial decision. (Ord. No. 2319, § 2, 2017.)

2.22 Use of city resources prohibited.

No city agency, department, officer, employee, or agent shall use city funds, resources, facilities, property, equipment, or personnel to assist in the enforcement of federal immigration law, unless such assistance is required by any valid and enforceable federal or state law. Nothing in this section shall prevent the city, including any agency, department, officer, employee, or agent of the city, from lawfully discharging his or her duties in compliance with and in response to a lawfully issued judicial warrant or subpoena, or from participating in investigations involving national security concerns such as terrorism or transnational criminal activity (such as, but not limited to human, drug or weapon trafficking). Judicial warrants shall be forwarded to the police department for processing; subpoenas shall be forwarded to either the city clerk or the police department for processing. (Ord. No. 2319, § 3, 2017.)

ARTICLE IV. BOARDS AND COMMISSIONS—GENERAL PROVISIONS

2.23 Composition, appointment and removal of members.

(a)    Unless otherwise specified in this article, all boards and commissions shall consist of five adult members, all board and commission members to be appointed by the mayor of the city with at least three affirmative votes of the city council. All members of any city board or commission shall be subject to removal at any time without cause by motion of the city council adopted by at least three affirmative votes of the city council. Upon appointment, commission members take the oath of office.

(b)    In addition, the mayor may appoint one nonvoting youth member to any board or commission of the city, at his or her discretion, in the same manner as prescribed in subsection a of this section. (Ord. No. 2187, § 2, 2009; Ord. No. 2228 § 1, 2012.)

2.24 Eligibility for membership.

(a)    To be eligible for appointment or retention on any board or commission, a citizen must be and must maintain his or her status as a resident elector of the city. Elected city officials/employees are not eligible for membership on any board or commission. No individual shall serve on more than one board or commission at the same time. Notwithstanding the aforementioned prohibition of serving on more than one board or commission at the same time, in the event that a committee or other body is merged with a board or commission or is redesignated as a board or commission, the city council may waive this prohibition for any incumbent members of said committee or body. Said waiver shall be in effect until expiration of the commissioner’s term on either commission, whichever commission term expires first.

(b)    To be eligible for appointment to any board or commission as a nonvoting youth member, a citizen must be and must maintain his or her status as a resident of the city and be between the ages of fourteen and eighteen years old. No youth member shall serve on more than one board or commission at the same time. (Ord. No. 2187, § 2, 2009; Ord. No. 2210, § 1, 2010; Ord. No. 2228 § 2, 2012.)

2.25 Term of office.

(a)    The term of office for boards and commissions shall be for three years (full term) commencing on January 1st and ending on December 31st. Notwithstanding, an appointment to a board or commission may be for a partial term of one or two years, if the mayor and city council find that it is necessary to do so in order to stagger the terms so that the terms of no more than three members of said commission or board will expire in the same year. Said partial term appointment shall be treated in the same manner as an appointment to an unexpired term. For those board members and commissioners serving at the time of the passage of the ordinance codified in this article, whose terms end on a different date, their terms shall be automatically extended to the following December 31st. If there is more than a three-month delay between the commencement of the term and appointment of a replacement member, the term will begin on the date the replacement appointment is made, and the term will be considered a partial term and will be treated in the same manner as an appointment to an unexpired term.

(b)    The term of office for a nonvoting youth member of any board or commission shall be for one school year, commencing on September 2nd and ending on June 30th. Notwithstanding, an appointment of a youth member to a board or commission may be for a partial term. Youth nonvoting members are limited to two one-year terms on any one board or commission. (Ord. No. 2187, § 2, 2009; Ord. No. 2216, § 1, 2011; Ord. No. 2228 § 3, 2012.)

2.26 Terms of members—Filling vacancies.

The term of office of each board member or commissioner shall be for the appointed term three years or until their respective successors are appointed and qualify, and a commissioner may serve for not more than two consecutive full terms. A person who was appointed to serve a partial term or a prior board member or commissioner that has not served on the board or commission for a period of one year may be appointed to serve not more than two consecutive full terms. If a vacancy occurs otherwise than by expiration of a term, it shall be filled by the mayor, with the approval of the city council, by appointment for the unexpired portion of the term. Resignations from commissions must be submitted in writing (email acceptable). (Ord. No. 2187, § 2, 2009; Ord. No. 2216, § 2, 2011.)

2.27 Absences.

A board member or commissioner’s seat will be deemed vacant whenever such board member or commissioner, without excuse, misses three consecutive meetings or misses one-third or more of all regular meetings within any six-month period. To obtain an excused absence, commissioners must notify commission staff, who will then inform the city clerk’s office. Attendance of less than fifty percent of any meeting will be counted as an absence. (Ord. No. 2187, § 2, 2009.)

2.28 Compensation.

The members of all boards and commissions shall serve without compensation for their services as such, but may receive reimbursement for necessary traveling and other expenses incurred on official duty when such expenditures have been authorized. The city shall include in its annual budget such appropriations of funds as in its opinion shall be sufficient for the proper and efficient functioning of such commission. (Ord. No. 2187, § 2, 2009.)

2.29 Appointment to salaried office.

No member of any board or commission of the city shall be eligible for appointment to any salaried office in the service of the city unless such board member or commissioner has resigned as a board member or commissioner prior to his appointment to the salaried position. (Ord. No. 2187, § 2, 2009.)

2.30 Quorum.

With the exception of the community redevelopment commission and the natural resources and environmental commission, three members of any board or commission shall constitute a quorum. In the event that vacancies exist on a five-member body, three members must be in attendance to achieve a quorum. Four members shall constitute a quorum and a majority vote for the community redevelopment commission and a quorum for the natural resources and environmental commission. (Ord. No. 2187, § 2, 2009.)

2.31 Organization.

All boards and commissions shall, at their first regular meeting after January 1st of each year, or as soon as reasonably possible, but in no event later than March 31st of that year, elect a chair and vice-chair from among its appointed members to serve for a term of one year. The persons selected as chair and vice-chair shall serve no more than two consecutive one-year terms as chair or vice-chair, respectively. The vice-chair shall serve as chair in the chair’s absence. Commissions shall select a secretary, who may or may not be chosen from the membership of the commission. Copies of signed minutes are to be filed with the city clerk’s office. All proceedings are open to the public.

Periodically, in order to insure that commissions are functioning as efficiently as possible, and to assess whether commissions still warrant expenditure of limited resources, the city council will conduct assessments of the commissions and their processes. (Ord. No. 2187, § 2, 2009.)

2.32 Cooperation of city officers and employees.

All officers and employees of the city shall cooperate fully with and render all reasonable assistance to all city boards and commissions. (Ord. No. 2187, § 2, 2009.)

2.33 Not to incur obligations, expend revenues or commit city.

Unless otherwise authorized in this article, no commission or board shall have the power, without the consent of the city council, to incur financial obligations, nor to pledge the credit of the city, nor expend the revenues of the city for any purpose whatever, nor to commit the city, its council, officers and employees to any course of action, decision or procedure. (Ord. No. 2187, § 2, 2009.)

2.34 City council and staff liaisons.

The mayor shall appoint a councilmember as liaison to each board and commission. Liaisons are free to attend meetings as their schedules allow. The council liaison role is that of non-voting observer; the liaison does not participate in or direct commission activities. The council liaison shares council decisions and policies with the commission, and reports commission activities, issues, and requests to the council.

Each commission shall be assigned a staff liaison to assist in coordinating the commission’s activities. The staff liaison is expected to provide assistance and support to the commission; provide information about relevant city policies and procedures; provide guidance and direction; develop meeting agendas in collaboration with the chair; assist the secretary with the minutes or other official documentation of the commission; facilitate communication between the commission and council; and keep the city manager informed of commission activities. With limited staff resources, the city expects commissioners to assume most of the responsibilities of carrying out the commission’s mission. (Ord. No. 2187, § 2, 2009.)

2.35 Rules for transaction of business—Records.

Commissions shall keep records of its minutes, resolutions, findings, determinations, and recommendations, which records shall be public records. Commissions shall render annually to city council a full written report of its work during the preceding fiscal year. A summary is presented at a city council meeting. The commission shall also submit, from time to time, such reports as the city council may require.

Commission members are expected to complete educational programs on the Brown Act, ethics, and other topics. Costs for such programs will be assumed by the city. (Ord. No. 2187, § 2, 2009.)

ARTICLE IVA. PLANNING COMMISSION

2.36 Creation.

There is hereby created a city planning commission for the city pursuant to the provisions of “The Planning Act” adopted in 1929 by the legislature of the state and subsequently amended. (Ord. No. 2187, § 2, 2009.)

2.37 Monthly meetings.

The planning commission shall hold at least one regular meeting in each month with the exception of November and December. (Ord. No. 2187, § 2, 2009.)

2.38 Authority to contract for services and assistance.

The planning commission may enter into contracts with planning consultants and other specialists for such services as it may require and for necessary clerical assistance, but such contracts shall first be approved by the city council. (Ord. No. 2187, § 2, 2009.)

2.39 Powers and duties generally.

The planning commission shall act as a consulting and advisory board to the council of the city and shall make investigations and recommendations in an advisory capacity, either upon its own initiative or upon the request of the city council, of matters pertaining to a civic center, subdivisions, zoning, parks and boulevards, beautification of the city and in general such other subjects as have to do with the orderly and consistent physical development of the city.

The commission shall also have all the powers and duties of a board of zoning adjustment.

Such powers include the power to hear and decide:

(a)    Applications for conditional uses or other permits when the zoning ordinance provides therefor and establishes criteria for determining such matters.

(b)    Applications for variances from the terms of the zoning ordinance when the following circumstances are found to apply:

(1)    That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situated;

(2)    That because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. (Ord. No. 2187, § 2, 2009.)

ARTICLE IVB. PUBLIC SAFETY COMMISSION

2.40 Creation and composition.

There is hereby created a public safety commission for the city, consisting of seven adult members, who shall be appointed pursuant to section 2.23 herein. (Ord. No. 2187, § 2, 2009; Ord. No. 2236, § 1, 2012.)

2.41 Ex officio members.

The chief of police of the city and the chief of the fire department of the city shall be ex officio members of the public safety commission. They shall not have the power to vote. (Ord. No. 2187, § 2, 2009.)

2.42 Meetings.

The public safety commission shall hold a maximum of ten regular meetings per calendar year. The commission shall adopt a schedule of meetings each year, consistent with this section. (Ord. No. 2279, § 1, 2014.)

2.43 Powers and duties generally.

The public safety commission shall serve in a primary support capacity to the city’s public safety personnel in an endeavor to improve the city’s existing emergency response capability. Specifically, the public safety commission is chartered with:

(a)    Coordinating volunteer citizen efforts to complement the city’s public safety personnel in their collective effort to anticipate and respond to a public disaster. In this regard, responsibilities would include, but not be limited to, coordinating a public information campaign urging citizens to prepare themselves in the event of an emergency and instructing them as to the appropriate manner to do so; under the direction of the police chief and fire chief, or their respective designees, coordinate volunteers to assist the city’s public safety personnel in any appropriate capacity following a disaster; create and maintain a current roster of equipment available to the city for use responding to a variety of disasters; coordinate and implement, when needed, volunteers to assist citizens to shut off their gas valves immediately following an earthquake; obtain voluntary assistance of local ham radio enthusiasts to provide emergency communication links in the event conventional communication mediums are not operable; conduct emergency preparedness training for the citizenry; survey, identify and secure the voluntary assistance of citizens possessing skills that would be of benefit to the city’s emergency response effort; in the event of an emergency, obtain and distribute food to emergency responders; identify alternative evacuation and mass care shelters;

(b)    Relating to the light rail system operations through South Pasadena, assuming responsibility to maintain liaison and coordination with the Los Angeles Metropolitan Transportation Authority (MTA) for purposes of conducting safety education; distributing safety materials to members of the public, including schools; receiving and reviewing community concerns regarding light rail safety issues and reporting them, with recommendations as appropriate, to the city council; reviewing the results of audits and inspections of the light rail system operations through South Pasadena conducted by the California Public Utilities Commission (CPUC) and other agencies, monitoring compliance with past audit recommendations, and making recommendations to the city council; and

(c)    Assuming responsibility to maintain liaison and coordination between the city, the South Pasadena Unified School District, and the South Pasadena community by conducting school safety education, distributing safety materials to members of the public, including schools, and receiving and reviewing community concerns regarding school safety issues and reporting them, with recommendations as appropriate, to the city council. (Ord. No. 2187, § 2, 2009.)

ARTICLE IVC. PARKS AND RECREATION COMMISSION

2.44 Creation.

There is created and established a parks and recreation commission of the city. (Ord. No. 2187, § 2, 2009.)

2.45 School district representative.

The school district appoints one member of the commission, who shall serve a regular term. (Ord. No. 2187, § 2, 2009.)

2.46 Powers and duties.

The powers and duties of the parks and recreation commission shall be to:

(a)    Act in advisory capacity to the city council and director of and the community services department in all matters pertaining to parks and public recreation and to cooperate with other governmental agencies and civic groups in the advancement of sound park and recreation planning and programming;

(b)    Formulate and propose policies on recreation services for approval by the city council;

(c)    Assist the city manager in preparing the minimum qualifications for the position of the community services department; and assist in formulating a job description for the position;

(d)    Advise the director of the community services department on problems of administration, development of recreation areas, facilities, programs and improved recreation services;

(e)    Recommend the adoption of standards on organizations, personnel, areas and facilities, program and financial support;

(f)    Take periodic inventories of recreation services that exist or may be needed and interpret the needs of the public to the city council and to the director of the community services department;

(g)    Aid in coordinating the recreation services with the programs of other governmental agencies and voluntary organizations;

(h)    Assist the city manager to the extent requested in making periodic appraisals of the effectiveness of the director and staff in administering the program;

(i)    Inform the public of the policies and functions of the parks and recreation program as directed by the city council;

(j)    Inform, advise and cooperate with boards of education and boards of school trustees of school districts comprising a part of the city or being immediately adjacent to the city to the extent that such information, advice and cooperation shall be proper and desirable in preparing, revising or carrying out the park or recreation program of the city. (Ord. No. 2187, § 2, 2009.)

ARTICLE IVD. FREEWAY AND TRANSPORTATION COMMISSION

2.47 Creation.

There is hereby created a freeway and transportation commission. (Ord. No. 2211, § 2, 2010.)

2.48 Responsibilities.

It shall be the responsibility of the freeway and transportation commission:

(a)    To study and investigate proposals and actions of the California Transportation Commission, Metropolitan Transportation Authority, Southern California Association of Governments, San Gabriel Valley Council of Governments, Caltrans, and other regional transportation agencies relating to the city’s fight against a SR-710 north extension and support of a multi-mode/low build alternative; and

(b)    To support the city’s official position by studying and advancing the further development of a multi-mode/low build alternative and capital improvements called for in its implementation; and

(c)    To analyze legal, financial and community factors pertaining to planning and implementation of a multi-mode low build alternative in the city; and

(d)    To conduct studies regarding any “freeway agreement” that may be submitted to the city with respect to freeway design; and

(e)    To analyze and make recommendations to the city council with regard to Metro Goldline mitigation measures and studies concerning the tunnel proposal for a SR-710 north extension; and

(f)    To serve as a design advisory group, as originally created and defined by the 1998 Federal Highway Administration’s Record of Decision for a SR-710 Freeway Extension (FHWA-CA-EIS-74-15-F) and continued by the city; and

(g)    To analyze and advise the city council on any other transportation related matter assigned to it by the city council. (Ord. No. 2211, § 2, 2010.)

2.49 Method.

In discharging its responsibilities as set forth in Section 2.48, the freeway and transportation commission shall:

(a)    Seek from the city staff architectural, engineering, economic, sociological and legal help; and

(b)    Prepare and make recommendations to the city council as to any action that the freeway and transportation commission determines should be undertaken by the city; and

(c)    Hold any necessary public meetings, or conduct hearings in conjunction with its responsibilities; and

(d)    Enlist the cooperation of citizens and the participation of various community organizations in its endeavors. (Ord. No. 2211, § 2, 2010.)

2.50 Limitations.

The freeway and transportation commission may discharge its responsibilities in the manner and means selected by it, except as follows:

(a)    Unless expressly authorized to do so by the city council, it shall not represent itself to be, nor in any way act for or on behalf of the city council, nor shall it commit the officers, employees or staff of the city in any manner or to any course of action; to the contrary, it shall act as a study center and clearinghouse for advisory action to the city council; and

(b)    It shall seek to remedy such real and manifest problems as may arise as a result of any proposed freeway location; and

(c)    It shall not encroach upon any area preempted by state or federal law; and

(d)    It shall forward all of its findings and recommendations to the city council prior to public release. (Ord. No. 2211, § 2, 2010.)

ARTICLE IVE. ANIMAL COMMISSION

2.51 Creation.

There is hereby created an animal commission. (Ord. No. 2187, § 2, 2009.)

2.52 Meetings.

The animal commission shall hold a maximum of six regular meetings per calendar year. The commission shall adopt a schedule of meetings each year, consistent with this section. (Ord. No. 2279, § 2, 2014.)

2.53 Powers and duties.

The powers and duties of the animal commission shall be to:

(a)    Act in advisory capacity to the city council in all matters pertaining to animals and to cooperate with other governmental agencies and civic groups in the advancement of sound animal planning and programming;

(b)    Formulate and propose policies on animal services for approval by the city council;

(c)    Recommend the adoption of standards on organizations, personnel, areas and facilities, program and financial support;

(d)    Make periodic inventories of animal services that exist or may be needed and interpret the needs of the public to the city council;

(e)    Aid in coordinating the animal services with the programs of other governmental agencies and voluntary organizations;

(f)    Inform the public of the policies and functions of the animal program as directed by the city council. (Ord. No. 2187, § 2, 2009.)

ARTICLE IVF. SENIOR CITIZEN COMMISSION

2.54 Creation.

There is hereby created a senior citizen commission. (Ord. No. 2187, § 2, 2009.)

2.55 Powers and duties.

The powers and duties of the commission shall be to:

(a)    Act in advisory capacity to the city council in all matters pertaining to senior citizens and to cooperate with other governmental agencies and civic groups in the advancement of senior citizen planning and programming;

(b)    Formulate and propose policies on senior citizen services for approval by the city council;

(c)    Recommend the adoption of standards on organizations, personnel, areas and facilities, program and financial support;

(d)    Make periodic inventories of senior citizen programs, facilities and services that exist or may be needed and interpret the needs of the public to the city council;

(e)    Aid in coordinating the senior citizen services with the programs of other governmental agencies and voluntary organizations;

(f)    Inform the public of the policies and functions of the senior citizen program as directed by the city council;

(g)    Formulate policies for the control, management and use of senior citizen facilities, subject to approval by the city council;

(h)    Recommend the acquisition, use and relinquishment of senior citizen facilities and services, for council consideration. (Ord. No. 2187, § 2, 2009.)

ARTICLE IVG. NATURAL RESOURCES AND ENVIRONMENTAL COMMISSION

2.56 Creation.

There is hereby created a natural resources and environmental commission. (Ord. No. 2187, § 2, 2009.)

2.57 Powers and duties.

The powers and duties of the natural resources and environmental commission shall be to:

(a)    Act in advisory capacity to the city council in all matters pertaining to energy, science and technology, and natural resources and the environment, and to cooperate with other governmental agencies and civic groups in the advancement of the planning, programming, use and conservation of energy and natural resources, as well as the preservation of the environment;

(b)    Formulate and propose policies on the use, reuse, recycling and preservation of natural resources, for approval by the city council;

(c)    Recommend the adoption of standards on organizations, personnel, areas and facilities, program and financial support;

(d)    Make periodic inventories of natural resources that exist or may be needed and interpret the needs of the public to the city council;

(e)    Aid in coordinating the regulation of use and reuse of natural resources with the programs or other governmental agencies and voluntary organizations;

(f)    Inform the public of the policies of the use, reuse, recycling and preservation of natural resources as directed by the city council;

(g)    Formulate, for recommendation to the city council, urban forestry management policies, including management of trees on public or private property;

(h)    Issue tree removal permits and tree trimming permits pursuant to Chapter 34 of this code. (Ord. No. 2187, § 2, 2009.)

ARTICLE IVH. CULTURAL HERITAGE COMMISSION

2.58A Title.

This article shall be known as the “Cultural Heritage Ordinance.” (Ord. No. 2315, § 2, 2017.)

2.58B Purpose.

The purpose of the Cultural Heritage Ordinance is to promote the public health, safety, and general welfare by providing for the identification, protection, enhancement, perpetuation, and use of improvements, buildings, structures, signs, objects, features, sites, places, landscapes and areas representing the city’s architectural, artistic, cultural, engineering, aesthetic, historical, political, social, and other heritage as provided herein. This article is anticipated to achieve the following within the city of South Pasadena:

(a)    Sense of Place.

(1)    To preserve, maintain, and safeguard the city’s heritage and character as embodied and reflected in the sites, structures, and neighborhoods that serve as significant reminders of the city’s social, educational, cultural and architectural history;

(2)    To foster civic and neighborhood pride, a sense of identity based on the recognition and use of cultural resources, and continuity of the city’s historic character, scale, and small town atmosphere in all future construction; and

(3)    To encourage maintenance and preservation of areas that are associated with a historic event, activity, or persons that contribute to the historic character of districts, neighborhoods, landmarks, historic structures, and artifacts;

(b)    Physical Setting.

(1)    To preserve diverse and harmonious architectural styles, reflecting phases of the city’s history and to encourage complementary contemporary design and construction;

(2)    To identify as early as possible and resolve conflicts between the preservation of cultural resources and alternative uses of the subject property; and

(3)    To conserve valuable material and energy resources by ongoing historic or adaptive new use;

(c)    Education.

(1)    To promote the use and enjoyment of private and public historic structures, districts, and cultural resources as appropriate for the appreciation, general welfare, and recreation of the people of the city;

(2)    To foster pride in the ownership of city historic or cultural resources;

(3)    To encourage public knowledge, understanding, and appreciation of our cultural and environmental heritage; and

(d)    Economic.

(1)    To stabilize and enhance neighborhoods and property values and increase economic and financial benefits to the city and its inhabitants;

(2)    To adopt incentives that promote the preservation and rehabilitation of historic structures. (Ord. No. 2315, § 2, 2017.)

2.59A Definitions.

(a)    Definitions, “A.”

“Accessory dwelling unit” means an attached or detached residential dwelling unit which provides independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit includes an efficiency unit, as defined by Section 17958.1 of the Health and Safety Code, and a manufactured home, as defined by Section 18007 of the Health and Safety Code.

“Alteration” means any construction or physical change to a cultural resource including: the exterior of a building, structure, site, or object; the designated interior of a landmark property (including character-defining interior features not described in original landmark documentation, but subsequently discovered and documented); a historic district; which may have a significant adverse effect on character-defining features of a cultural resource. Alteration shall also include new construction of additions, but not include ordinary maintenance and repairs.

“Architectural historian” means an architectural historian who meets the Secretary of the Interior’s Professional Qualifications Standards in architectural history as defined by the National Park Service.

(b)    Definitions, “B.”

“Building official” means the city of South Pasadena officer or other designated authority charged with the administration and enforcement of the building, housing, electrical, plumbing, and related codes.

(c)    Definitions, “C.”

“California Environmental Quality Act (CEQA)” shall refer to the state of California law requiring public agencies to study, document and consider the potential environmental effects of a proposed action prior to allowing the action to occur. Collectively, the provisions of CEQA are codified in Public Resources Code Section 21000 et seq. and in the State of California CEQA Guidelines, as described in the California Code of Regulations, Title 14, Chapter 3, Section 15000 et seq.

“California Office of Historic Preservation” (also known as the Office of Historic Preservation or OHP) means the agency that carries out the provisions of the National Historic Preservation Act of 1966, as amended, and related state and federal laws and regulations pertaining to the preservation of historic and archaeological resources. It carries out the National Park Service’s historic preservation programs including nominating historic properties to the National Register of Historic Places and qualifying local programs for the certified local government program. It also administers the state’s preservation programs such as the California Register of Historical Resources (see Public Resources Code Section 5020 et seq.).

“California Register of Historical Resources” shall refer to the authoritative and comprehensive listing and guide to California’s significant cultural resources, including historic (built environment) and prehistoric (archaeological and paleontological) resources. The California Register of Historical Resources is defined in the State of California Public Resources Code Section 5024.1 and in the California Code of Regulations, Title 14, Chapter 11.5, Section 4850 et seq.

“Certificate of appropriateness” or “certificate” means the permit granted on the finding by the cultural heritage commission that the application for demolition, alteration, or relocation of a cultural resource is in accordance with the city’s design guidelines, the Secretary of the Interior Standards for the Treatment of Historic Properties, and other applicable criteria as provided in SPMC 2.65.

“Certified local government program” is a national program designed to encourage the direct participation of a local government in the identification, registration, and preservation of historic properties located within the jurisdiction of the local government.

“Character-defining features” are those visual aspects and physical elements that comprise the appearance of a historical building or property and are significant to its historical, architectural and cultural values, including the overall shape of the historical building or property, its materials, craftsmanship, decorative details, interior spaces and features, as well as the various aspects of its site and environment.

“Civil engineer” means any individual registered by the state of California to practice civil engineering pursuant to the State of California Business and Professions Code, Chapter 7, Section 6702. Civil engineers who consult on and prepare plans related to cultural resources in South Pasadena shall have demonstrated experience working with projects involving historic buildings and structures.

“Contributing resource” or “contributor” means a property or feature, including all buildings, structures, objects, and/or sites, that contributes to the historic significance of a designated historic district.

“Cultural heritage commission” or “commission” means the cultural heritage commission of the city of South Pasadena established by this article.

“Cultural resource” shall refer to historic (built environment) and prehistoric (archaeological and paleontological) resources that are significant in the history of the city, region, state or nation. Cultural resources include built or natural resources listed on or eligible for listing on: the National Register, California Register, South Pasadena inventory of cultural resources, or South Pasadena register of landmarks and historic districts. Cultural resources can include property improvements, buildings, structures, objects, sites, historic districts, signage, other manmade or natural features, and any resource within the categories of Historical Resources defined by CEQA Guideline [California Code of Regulations Title 14] Section 15064.5(a), as it may be amended from time to time.

(d)    Definitions, “D.”

“Demolition” means the destruction or removal in whole or part of any physical structure.

“Design guidelines” means the approved city of South Pasadena residential design guidelines and the city of South Pasadena commercial design guidelines as they may be amended from time to time.

“Director” is the city of South Pasadena director of planning and building, or designee of the director referred to in this article as the “director.”

(e)    Definitions, “E.”

“Emergency” means any sudden or unexpected occurrence demanding immediate action to address structural failure, collapse, or imminent threat to public safety.

“Engineering evaluation” means an evaluation of a building or structure performed under the direction of a historic architect, a structural engineer, or a civil engineer with demonstrated experience working with projects involving historic buildings and structures.

(f)    Definitions, “F.” No specialized terms beginning with “F” are used at this time.

(g)    Definitions, “G.” No specialized terms beginning with “G” are used at this time.

(h)    Definitions, “H.”

“Historian” shall refer to a historian who meets the Secretary of the Interior’s Professional Qualifications Standards in history as defined by the National Park Service.

“Historic architect” means a licensed architect who meets the Secretary of the Interior’s Professional Qualifications Standards in historic architecture as that term is defined by the National Park Service.

“Historic context” means a broad pattern of historical development in a community or its region that is organized by theme, place, and time and which may be represented by historic resources.

“Historic district” means any area or site containing a number of improvements or natural features that have a special character, historical/aesthetic value or interest, or that represent one or more architectural periods or styles typical of a period of the city’s history and which constitute a distinct section of the city that has been designated a historic district by the South Pasadena city council. A historic district shall have a significant concentration, linkage, or continuity of sites, buildings, structures, objects, or other features that are united in terms of historic development, architecture, or aesthetics. A historic district may contain both contributing resources and noncontributing resources.

“Historic integrity” means the authenticity of a property’s historic identity, evidenced by the survival of physical characteristics that existed during the property’s prehistoric or historic period of significance. For properties listed in or eligible for inclusion in the South Pasadena inventory of cultural resources, historic integrity is the composite of seven aspects: location, design, setting, materials, workmanship, feeling, and association. Historic integrity enables a property to continue reflecting and conveying its historic significance. Not only must a property resemble its historic appearance, but it must also retain physical materials, design features, and aspects of construction dating from the period when it attained significance.

(i)    Definitions, “I.”

“Imminent threat” means the existence of any condition within, or affecting, a structure that, in the opinion of the authority having jurisdiction, would qualify such building or structure as dangerous to the extent that the life, health, property or safety of the public, the structure’s occupants, or those performing necessary repair, stabilization or shoring work, are in immediate peril due to conditions affecting the building or structure. Potential hazards to persons using, or improvements within, the public right-of-way may not be construed to be “imminent threats” solely for that reason if the hazard can be mitigated by shoring, stabilization, barricades or temporary fences.

“Improvement” means any building, structure, parking facility, fence, gate, wall, landscape, work of art or other object affixed to and constituting a physical betterment of real property, or any part of such betterment.

(j)    Definitions, “J.” No specialized terms beginning with “J” are used at this time.

(k)    Definitions, “K.” No specialized terms beginning with “K” are used at this time.

(l)    Definitions, “L.”

“Landmark” is any cultural resource that has been designated by the South Pasadena city council in accordance with the listing procedures of SPMC 2.63.

(m)    Definitions, “M.”

“Maintenance” means any work done to an improvement or natural resource to preserve it or keep it in its existing condition.

(n)    Definitions, “N.”

“National Register of Historic Places” means the official federal inventory of districts, sites, buildings, structures, and objects significant in American history, architecture, engineering, archaeology, and culture. The National Register is maintained by the Secretary of the Interior under the authority of the Historic Sites Act of 1935 and the National Historic Preservation Act of 1966 (54 U.S.C. Section 100101 et seq., 36 C.F.R. Sections 60, 63).

“Nonductile concrete structure” shall refer to concrete-frame buildings constructed before January 1977 that were built with limited amounts of steel reinforcing in columns and walls. Limited steel reinforcing creates brittle connections and columns, making nonductile concrete buildings susceptible to movement and failure during strong earthquakes.

(o)    Definitions, “O.” No specialized terms beginning with “O” are used at this time.

(p)    Definitions, “P.”

“Potential threat” shall refer to a preexisting structural condition that is vulnerable to damage during an earthquake. Building types commonly prone to a potential threat include: unreinforced masonry buildings, soft-story buildings, and nonductile concrete buildings.

“Preservation” means the act or process of applying measures necessary to sustain the existing form, integrity, and materials of a historic resource. It includes the preliminary measures to protect and stabilize a property, and generally focuses on the ongoing maintenance and repair of historic materials and features rather than extensive replacement or new construction.

“Preservation contractor” shall refer to a licensed contractor with a minimum of five years of experience of completed work similar in material, design, and extent to that indicated for a proposed project and a record of successful in-service performance.

“Primary record” or “DPR 523 Series form” is the accepted format created by the state of California Department of Parks and Recreation for the purposes of identifying, documenting, and evaluating cultural resources.

(q)    Definitions, “Q.” No specialized terms beginning with “Q” are used at this time.

(r)    Definitions, “R.”

“Reconstruction” means the act or process of depicting, by means of new construction, the form, features, and detailing of a nonsurviving site, landscape, building, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location. Reconstruction recreates a vanished or nonsurviving historic feature with new materials.

“Rehabilitation” means making a compatible use of a cultural resource through repair, alterations, and additions while preserving those portions or features that convey its historical, cultural, or architectural values. Rehabilitation retains the cultural resource as it has evolved by maintaining and repairing historic features, while allowing additions and alterations for contemporary and future uses.

“Repair” means the fixing of a deteriorated or damaged part of an existing improvement or natural resource in a manner that is consistent with the existing materials and appearance.

“Restoration” means accurately depicting the form, features, and character of a property as it appeared at a particular time by means of removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a restoration project. Restoration depicts an appearance that existed during the historic property’s most significant period by removing later additions and rebuilding or replanting earlier features.

(s)    Definitions, “S.”

“Site” means a parcel or adjoining parcels under single ownership or single control, considered a unit for the purposes of development or other use.

“Soft-story structure” shall refer to a multi-story building with large openings on one or more of the exterior wall lines, most commonly on the first floor. Examples of large openings include tuck-under parking, multiple garage doors, and large retail windows.

“South Pasadena inventory of cultural resources” or “inventory” means the official list of properties that are located within the city of South Pasadena including: landmarks and historic district properties designated by the city council pursuant to SPMC 2.63, properties listed on the California Register, and properties that are identified through the survey process pursuant to SPMC 2.64 and listed as being eligible for special consideration in local planning.

“South Pasadena register of landmarks and historic districts” means the list of landmarks and historic districts designated by the city of South Pasadena city council pursuant to SPMC 2.63.

“Structural engineer” means any individual registered by the state of California to practice structural engineering and to use the title “structural engineer” pursuant to the State of California Business and Professions Code, Chapter 7, Section 6701. Structural engineers who consult on and prepare plans related to cultural resources in South Pasadena shall have demonstrated experience working on projects involving historic buildings and structures.

(t)    Definitions, “T.” No specialized terms beginning with “T” are used at this time.

(u)    Definitions, “U.”

“Unreinforced masonry (URM) building” shall refer to a type of building where load-bearing walls, non-load-bearing walls, and/or other building components are constructed of masonry materials, such as brick, concrete, block/cinderblock, adobe, and/or hollow clay tile. Typically built before 1933, the masonry material contains little or no reinforcing materials, is not sufficiently thick, and/or lacks bracing connections to floor and roof framing. URM is prone to damage in strong earthquakes. (Ord. No. 2315, § 2, 2017.)

2.59B Enabling authority.

California Government Code Section 37361 enables city legislative bodies to provide for “the protection, enhancement, perpetuation, or use of places, sites, buildings, structures, works of art, and other objects having a special character or special historical or aesthetic interest or value.” (Ord. No. 2315, § 2, 2017.)

2.60 Creation.

There is hereby created a cultural heritage commission of the city of South Pasadena. (Ord. No. 2315, § 2, 2017.)

2.61 Cultural heritage commission.

(a)    Composition and Appointment of Members. Five commissioners shall be appointed pursuant to SPMC 2.23 of Article IV, Boards and Commissions – General Provisions. All members shall have an expressed interest in, and knowledge of, the cultural heritage of the city. Members shall be chosen from among:

(1)    Professionals in the disciplines of architecture, history, planning, construction, archaeology, land economics, real estate or a related discipline to the extent such professionals are available in the community. At least two members are encouraged to be appointed from among professionals in the disciplines of historic preservation, history, architecture, and architectural history, prehistoric and historic archeology, folklore, cultural anthropology, curation, conservation, construction, landscape architecture, or related disciplines such as urban planning, American studies, American civilization, or cultural geography to the extent that such professionals are available in the community; and

(2)    Such other persons as have demonstrated special interest, experience, or knowledge of the history, architecture or cultural heritage of the city as will provide for an adequate and qualified commission.

(3)    In order to permit the commission flexibility in performing its duties in as efficient a manner as possible, the commission may adopt criteria under which the chair, acting alone, or a subcommittee of the full commission may implement and administer the policies of the commission on a case-by-case basis. (Ord. No. 2315, § 2, 2017.)

2.62 Powers and duties of the commission.

(a)    General Powers. The commission shall be an advisory board to advise the city council, planning commission, parks and recreation commission, all city departments and the city manager on all matters relating to the identification, protection, retention, and preservation of landmarks and historic districts in the city. The commission shall have the power to appoint an advisory panel of volunteer experts as may be necessary to assist in the exercise of its duties.

(b)    Enumerated Powers. The commission shall have the following powers and duties in addition to those otherwise provided in this article:

(1)    Review and Approval.

(A)    Approve or disapprove in whole or in part applications for certificates of appropriateness and their related environmental assessments under CEQA regarding the demolition, alteration or relocation of a landmark or an improvement or natural feature within a historic district, or a structure or building listed on the cultural heritage inventory approved and adopted by the city council;

(B)    Review all applications for permits, environmental assessments, environmental impact reports, environmental impact statements, and other similar CEQA documents set forth in this article, pertaining to all cultural resources;

(C)    Render advice and guidance, upon the request of property owner(s) or occupants, on procedures for inclusion of a building, structure, improvement, or site on the local inventory, state or national register;

(D)    Render advice and guidance upon the request of property owner(s) on proposals for any restoration, alteration, decoration, landscaping or maintenance of any landmark or historic district;

(E)    Review and advise upon the conduct of land use, housing and redevelopment, municipal improvement, and other types of planning and programs undertaken by any agency of the city, the county, or state, as they relate to cultural resources; and

(F)    Review and provide recommendations to city council regarding requested and existing Mills Act contracts.

(2)    Identify Cultural Resources.

(A)    Compile and maintain a current South Pasadena inventory of cultural resources that includes all sites, natural features, buildings and structures that are potentially eligible for landmark or historic district status or that may warrant special consideration in local planning. Copies of the inventory shall be transmitted to the city clerk and city manager, and to the departments of planning and building, parks and recreation, public works and other appropriate departments and governmental or civic agencies;

(B)    Compile and maintain for city council approval a current South Pasadena register of landmarks and historic districts. The register shall contain a description of the landmark or historic district on the register and its reason for inclusion therein. Copies of the register shall be transmitted to the city clerk and city manager, and to the departments of planning and building, parks and recreation, public works and other appropriate departments and governmental or civic agencies;

(C)    Recommend to the city council that certain areas, places, buildings, structures, natural features, works of art or similar objects having a significant historical, cultural, architectural, community or aesthetic value as part of the heritage of the city be designated as landmarks, or that areas be designated historic districts;

(D)    Submit annually a recommended budget to the city council covering services, supplies, equipment and other expenses appropriate for the performance of its duties; and

(E)    The cultural heritage commission shall establish criteria and conduct or cause to be conducted a comprehensive survey of cultural resources within the boundaries of the city, and publicize and periodically update survey results.

(3)    Establish Criteria and Standards.

(A)    Adopt specific criteria for the designation of landmarks and historic districts subject to approval by the city council;

(B)    Adopt written standards to be used by the commission in reviewing applications for permits to construct, change, alter, modify, remodel, remove, demolish or affect any qualified cultural resource.

(4)    Community Outreach.

(A)    Encourage public understanding and involvement in architectural, archaeological and environmental heritage through educational programs such as lectures, tours, walks, reports or publications, films, open houses and special events;

(B)    Explore means for the protection, retention and use of any designated or potential landmark and historic district including, but not limited to, appropriate legislation and financing, such as encouraging independent funding organizations or private, local, state or federal assistance; and

(C)    Encourage private efforts to acquire property and raise money on behalf of cultural and historical preservation; however, the commission is specifically denied the power to acquire any property or interest therein for or on behalf of itself or the city.

(5)    Promote Preservation Objectives.

(A)    Promote the use of historic preservation incentives;

(B)    Participate in the certified local government program and carry out any responsibilities delegated to it under that program;

(C)    Recommend and encourage the protection, enhancement, appreciation, and use of cultural resources which have not been designated as landmarks or historic districts and take such steps as it deems desirable to recognize such cultural resources including, but not limited to, listing, certificates, letters or plaques;

(D)    Confer recognition upon the owners of designated landmarks or historic districts by means of certificates, plaques or markers and, from time to time, recommend that the city council issue commendations to such owners who have rehabilitated their property in an exemplary manner;

(E)    Recommend to the city council the purchase or acceptance of fee or other interests in property for purposes of cultural resource preservation;

(F)    Investigate and report to the city council on the use of various federal, state, local or private funding sources and mechanisms available to promote cultural resource preservation in the city;

(G)    Work closely with the city council, city attorney, city manager and staff, and other commissions in order to assure that changes to the city’s physical environment will be orderly and will not damage the cultural or historical integrity of the city;

(H)    Cooperate with local, county, state and federal governments in the pursuit of the objectives of historic preservation; and

(I)    Perform any other functions that may be designated by resolution or motion of the city council. (Ord. No. 2315, § 2, 2017.)

2.63 Register of landmarks and historic districts.

(a)    Listing Landmarks and Historic Districts on the South Pasadena Register of Landmarks and Historic Districts. The commission shall have the responsibility to recommend to the city council the adoption of ordinances or resolutions designating improvements, sites or natural features as landmarks or historic districts and thereby encouraging their preservation, protection, enhancement, rehabilitation or perpetuation. The commission shall prepare and transmit a report of its recommendation to the council on the historical and architectural significance of the improvement, site or natural feature to be designated as follows:

(1)    The report’s statement of significance shall clearly state the reasons the property meets the city’s criteria with brief facts that explain the way in which the property was important to the local, state or national history during the period of significance. It would also include significant themes and historic contexts to which the property relates.

(2)    In addition to a statement of significance the report shall provide written findings stating the reasons the landmark or historic district qualifies for designation on the South Pasadena register of landmarks and historic districts. These findings shall include:

(A)    That the designation of landmark or historic district is consistent with one or more of the purposes set forth in SPMC 2.58B; and

(B)    That the landmark or historic district meets one or more of the criteria for designation listed in subsection (b) of this section; and

(C)    That the landmark or historic district possesses historic integrity of location, design, setting, materials, workmanship, feeling, or association.

(3)    When considering an application for a historic district or a landmark, the historic resource(s) shall be identified on a primary record or DPR 523 Series form(s) and included as part of the commission’s report. The application shall include a context statement supporting a finding establishing the relation between the physical environment of the landmark or historic district and its history. The context statement shall represent the history of the area by theme, place, and time. It shall define the various historic factors which shaped the development of the area. It shall define a period of significance for the historic district and relate historic features to that period of significance. It may include, but not be limited to, historical activities or events, associations with historic personages, architectural styles and movements, master architects, designers, building types, building materials, landscape design, or pattern of physical development that influenced the character of the landmark or historic district at a particular time in history. Using this information, the survey shall identify those buildings, structures, landscaping, or contributing resources.

(4)    In addition to the required findings in subsection (a)(2) of this section when recommending approval of a historic district, the commission shall also find that:

(A)    The proposed district boundaries are appropriate because a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development are present within the district. A district derives its importance from being a unified entity or a theme, even though it may be composed of a wide variety of resources (organized around a theme). Thematic districts are not required to have physical or contiguous boundaries.

(B)    The identity of the district results from the interrelationship of its resources which conveys a visual sense of the overall historic environment or is an arrangement of historically or functionally related properties.

(C)    The district contains a number of contributing resources that add to the historic architectural qualities or historic associations for which a district is significant because they existed during the period of significance and possess historic integrity reflecting the district’s character at that time.

(D)    With respect to the designation of a local district that is not listed on the California Register of Historical Resources, but was identified in a local survey, not less than 60 percent of all affected owners of the proposed historic district must consent to such designation. Each parcel or lot shall be entitled to only one vote per parcel. By way of example only, if the proposed historic district were composed of 20 parcels, then the owners of 12 parcels would be required to consent to the designation.

(E)    With respect to the designation of a historic district that is listed on the California Register of Historical Resources, not less than 50 percent plus one of all affected owners of the proposed historic district must consent to such designation. Each parcel or lot shall be entitled to only one vote per parcel. By way of example only, if the proposed historic district were composed of 20 parcels, then 11 property owners would be required to consent to the designation.

(5)    In recommending approval of a historic district, the cultural heritage commission may recommend conditions to be included in design guidelines, as appropriate to further the purpose of this section.

(b)    Designation Criteria for Landmarks and Historic Districts. Criteria and standards for the designation of landmarks and historic districts shall include any or all of the following, as applicable:

(1)    Its character, interest or value as a part of the heritage of the community;

(2)    Its location as a site of a significant historic event;

(3)    Its identification (such as the residence, ownership, or place of occupation, etc.) with a person, persons or groups who significantly contributed to the culture and development of the city, state or United States;

(4)    Its exemplification of a particular architectural style of an era of history of the city;

(5)    Its exemplification of the best remaining architectural type in a neighborhood;

(6)    Its identification as the work of a person or persons whose work has influenced the heritage of the city, the state or the United States;

(7)    Its embodiment of elements of outstanding attention to architectural design, engineering, detail design, detail, materials or craftsmanship;

(8)    It is either a part of or related to a square, park or other distinctive area which should be developed or preserved according to a plan based on a historic cultural or architectural motif;

(9)    Its unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood;

(10)    Its potential for yielding information of archaeological interest; or

(11)    In designating a historic district, its significance as a distinguishable neighborhood or area whose components may lack individual distinction.

(c)    Designation Procedure. Landmarks and historic districts shall be established by the city council in the following manner:

(1)    The commission, upon its own initiative or upon the written request of any person or city agency, may recommend the designation of any cultural resource in the city as a landmark or historic district.

(2)    The commission shall appoint a subcommittee of two members (the “landmark subcommittee”) to review all applications for consideration of an improvement, site or natural feature as a landmark or historic district. The landmark subcommittee shall review the application materials and make a preliminary written recommendation, based on such documentation as it may require, as to whether the commission shall consider the improvement, site or natural feature for appropriate designation. The landmark subcommittee, as soon as practicable and prior to the hearing on designation, shall:

(A)    With respect to the proposed designation of a landmark, exercise its best efforts to meet with the owner to obtain such owner’s written consent of the proposed designation; and

(B)    With respect to the proposed designation of a historic district, shall have obtained the consent of affected owners in accordance with subsection (a)(4)(D) or (E) of this section. The aforementioned consent shall be obtained by sending a ballot and an impartial opinion of the city attorney to every parcel owner in said district, as to the effect of the designation on the parcels located in the proposed district. The ballot shall provide the owner with the option to consent to or to oppose the proposed historic district designation.

(3)    If the landmark subcommittee determines that the improvement, site or natural feature, which is the subject of the application, merits consideration by the commission, it shall recommend that the commission place the application upon its agenda for its next regularly scheduled meeting for consideration of such designation.

(4)    The commission shall notify the director of the pendency of the consideration. No applications for design review shall be accepted by the planning and building department to construct, alter or demolish any property that is not on the South Pasadena inventory of historical resources within a proposed historic district, subsequent to the date of notice to the director by the commission, while proceedings are pending on such designation; provided, however, that after 180 days have elapsed from the date of the notice, if final action on such designation has not been completed, the applications for design review may be accepted by the planning and building department.

(5)    The commission shall send written notice by certified mail to each directly affected owner of a proposed designation as a landmark or historic district of the date, place, time and purpose of the hearing to consider such designation, at least 20 days prior to the date of the hearing, and shall publish notice of such hearing at least once in a newspaper of general circulation in the city not less than 10 days prior to such hearing.

(6)    The commission shall provide an opportunity to be heard to each affected owner and other interested members of the public. The commission may, if necessary, continue the consideration of designation to its next regularly scheduled meeting.

(7)    The commission shall, within 15 days of its hearing regarding designation or of any continued hearing on the designation, recommend approval in whole or in part, or disapproval in whole or in part, of the application, in writing to the city council.

(8)    The affected owner(s) may object to the decision of the commission by filing with the city clerk a written statement setting forth their objection prior to the hearing before the city council.

(9)    The city council, upon receipt of the recommendation, shall set the matter for hearing within 30 days of the date of filing of the commission recommendation with the city clerk. The council shall cause written notice of the council hearing to be given by registered mail to each affected owner and shall provide a reasonable opportunity for the owner to be heard at the council hearing. The city council shall render its decision thereon within 30 days after the close of the hearing of the city council.

(10)    The city shall notify the affected owner in writing of the final action of the city council with respect to the proposed designation and shall give such owner written notice of any further action which it takes with respect to such designation.

(11)    Failure to send any notice by mail to any affected owner where the address of such owner is not a matter of public record shall not invalidate any proceedings in connection with the proposed designation. The commission and city council may also give such other notice as they may deem desirable and practicable.

(12)    Upon designation by the city council, the city clerk shall record the city council’s declaration in the office of the county recorder of the county. (Ord. No. 2315, § 2, 2017.)

2.64 Inventory of cultural resources.

(a)    The city shall establish and maintain an inventory of cultural resources as follows:

(1)    The Inventory. The city shall maintain an official list of properties known as the South Pasadena inventory of cultural resources (“inventory”) that it has determined, upon recommendation by the cultural heritage commission and approved by city council, to be historically significant through the systematic inventory and evaluation of buildings within its jurisdiction.

(A)    The inventory was first established with the passage of city council Resolution No. 6286 and has been subsequently revised upon any subsequent updates by the South Pasadena city council.

(B)    The inventory shall be reviewed every five years, and revised if necessary, to ensure that the document remains up to date according to current preservation planning practice.

(2)    Inclusions. The official list of properties located on the inventory is located in the City Hall and includes those properties that are located within the city of South Pasadena that are landmark and historic district properties, historic properties listed on the California Register, properties that are listed as being eligible for special consideration in local planning to assure continuity of the city’s historic character, scale, and small town atmosphere for all projects, and properties that the city determines to be historically significant based on the criteria for additions as outlined in subsection (a)(3) of this section.

(3)    Listing Property on the Inventory. A property owner may submit a written application for inclusion of his/her property on the inventory to the commission. The application shall provide photographic evidence, an evaluation by an architectural historian including the current Primary Record or DPR 523 Series form to record historic resources, and such further information as the commission may require. Written notice of such an application for addition and the time and place of a public hearing before the commission shall be provided to property owners within a 300-foot radius of the subject property not less than 10 days prior to the hearing.

(A)    If the commission finds that there is substantial evidence that the property reasonably meets national, state or local criteria for historical significance, and that it has been so evaluated by an architectural historian, it shall recommend to the city council that the property be included on the inventory of cultural resources. The city council shall consider the recommendation and may, at its discretion, request further information from the applicant and hold a public hearing. The city council may, by resolution, determine that the property be included on the inventory of cultural resources.

(4)    De-Listing Property from the Inventory. An owner of a property listed on the inventory of cultural resources may submit a written application to the commission requesting removal from the inventory. The application shall provide evidence and supporting documentation regarding the lack of historic significance of the cultural resource, including photographic evidence of its current condition, an evaluation by an architectural historian, and such further information as the commission may require. Written notice of such an application for de-listing and the time and place of a public hearing before the commission shall be provided to property owners within a 300-foot radius of the subject [property] not less than 10 days prior to the hearing. If the commission finds:

(A)    That the cultural resource lacks significance as defined under national, state, and local criteria for historical significance; or

(B)    That the cultural resource has lost its historic integrity due to irreversible alterations.

The commission shall make a recommendation to the city council that the cultural resource be de-listed from the inventory. The city council shall consider the recommendation and may, in its discretion, request further information from the applicant and hold an additional public hearing. The city council may, by resolution, determine that the cultural resource be de-listed from the inventory.

(5)    Initiation by Commission. Listing and de-listing properties from the inventory may also be initiated by a majority vote of the members of the commission. Should the commission initiate the addition of a cultural resource to the inventory, or de-listing of a cultural resource from the inventory, written notice of the time and place of a public hearing before the commission shall be given to the owner of said property or cultural resource, and to property owners within a 300-foot radius of said property or cultural resource, at least 10 days prior to the hearing.

(A)    Recommendations to the city council as to such addition or deletion shall be made by the commission upon making the applicable findings set forth in subsection (a)(3) or (4) of this section. The city council shall consider the recommendation and may, in its discretion, request further information and hold an additional public hearing. The council may, by resolution, determine that the property be listed to or de-listed from the inventory.

(6)    Deletion from Inventory. A cultural resource shall be deleted from the inventory upon complete destruction of that cultural resource pursuant to a duly issued certificate of appropriateness for such destruction by the city. (Ord. No. 2315, § 2, 2017.)

2.65 Certificate of appropriateness – Alteration and demolition.

(a)    Purpose. This section sets forth the process for obtaining a certificate of appropriateness (“certificate”) from the commission, for the purpose of authorizing proposed work that may affect cultural resources (as defined by this article), noncontributors within the boundaries of federal, state, and local historic districts within the city of South Pasadena.

No person shall proceed with demolition, alteration, or relocation of such resources, or new construction affecting such resources, without first obtaining a certificate. Approval of such work shall be required even if no other permits or entitlements are required by the city, and the commission’s approval or denial of the proposed work shall be deemed a discretionary action under CEQA (California Code of Regulations, Title 14, Section 15002(i)).

(b)    Intent. It is the intent of the city of South Pasadena that cultural resources will not be the subject of demolition, alteration or relocation unless an imminent threat, as determined by the building official pursuant to SPMC 2.66, exists. Review of all applications for a certificate of appropriateness shall comply with all applicable state and federal laws and regulations, including without limitation, the California Environmental Quality Act, the National Historic Preservation Act and the National Environmental Policy Act.

(c)    Actions Requiring a Certificate of Appropriateness. The following actions shall require a certificate of appropriateness from the commission. Performance of any work that falls within the provisions of this article without a certificate of appropriateness is prohibited:

(1)    Alteration, demolition, relocation of, or new construction affecting the South Pasadena register of landmarks and historic districts; the South Pasadena inventory of cultural resources; and any other cultural resources; and

(2)    Any other project referred to the commission by the city council, planning commission, or city staff.

(d)    Exemptions from Requirements for Certificate of Appropriateness. The following items of construction, work, or labor on an improvement or natural feature are deemed not to be an alteration for the purposes of this article and shall not require a certificate of appropriateness:

(1)    Painting of any residential or commercial building;

(2)    Ordinary maintenance and repair which does not require a building permit;

(3)    Landscaping, including sprinkler system work, that does not affect a character-defining feature;

(4)    Paving work that does not affect a character-defining feature;

(5)    All alterations which are entirely interior and do not affect the exterior of an improvement, except for designated interiors of a landmark property (including character-defining interior features not described in original landmark documentation, but subsequently discovered and documented);

(6)    All alterations affecting an existing or proposed accessory dwelling unit; and

(7)    Replacement of existing screens and awnings with the same or substantially consistent materials, form, and shape.

(e)    Procedures for a Certificate of Appropriateness.

(1)    Emergency Actions. The procedures in this section shall not apply to demolition, alteration, and relocation requests pertaining to improvements that need expedited evaluation due to an imminent threat in the interest of the public health or safety (see SPMC 2.66).

(2)    Application. The owner or authorized representative proposing a discretionary project that may affect: a cultural resource, a noncontributing resource within the boundaries of federal, state, and local historic districts, shall file an application for a certificate of appropriateness on forms provided by the city’s planning and building department for such purpose. The application must be accompanied by any fee required by the city.

(3)    Properties 45 Years or Older. A certificate of appropriateness may be required for demolition of a building or structure that is 45 years or older, and not identified as a cultural resource. The purpose of this subsection is to ensure that such buildings and structures are properly evaluated prior to their demolition or removal.

(A)    Applicability. Any proposed project submitted to the planning and building department that includes the demolition or removal of a building or structure that was constructed at least 45 years prior to the date of application for such project shall file a notice of intent to demolish in a form approved by the director. The determination as to whether a property is a cultural resource shall require a deposit by the applicant to cover city costs associated with hiring a historic consultant and/or an architectural historian; and/or a deposit to cover the costs associated with the preparation of an initial study, environmental impact report, mitigated negative declaration or negative declaration.

(B)    Procedure. The director or his/her designee shall review the project involving demolition and confirm that the following materials have been provided including: an intensive level historic resources evaluation (HRE) that follows the practices established by the California Office of Historic Preservation shall be prepared for the property; plans for the replacement development project consistent with the standards and requirements of the applicable zoning district; and photo verification that the property has been posted with a notice of intent to demolish. Upon receipt of the filing materials, the director or his/her designee will schedule the demolition application for the next available commission meeting.

(C)    Notice. Public notification shall be provided to the applicant, to all owners of real property as shown on the county’s latest equalized assessment roll, and to all legal occupants located within a 300-foot radius of the subject parcel upon which the intent to demolish is requested.

(D)    Determination by Commission. The commission will make a determination as to whether the property could potentially meet national, state, or local criteria for designation if the property is not already listed as a cultural resource.

(i)    If the commission determines, upon review of the filing materials and testimony, that the property is not eligible at the federal, state, or local level, the project involving demolition shall proceed through the city’s application process without any further restrictions under this chapter.

(ii)    If the commission determines that the property is potentially eligible at the federal, state, or local level, the property shall be added to the inventory and the provisions of this subsection (e), Procedures for a Certificate of Appropriateness, shall apply to the proposed demolition. If any such resources are potentially affected by a project, the city shall require preparation of the appropriate CEQA documentation.

(4)    Minor Project Review. A certificate of appropriateness may be obtained by going through a minor project review if it involves: demolition or relocation of non-character-defining features; noncontributing additions, garages, accessory structures or incompatible and previously replaced windows, doors or siding material; any undertaking that does not change exterior features such as re-roofing if the proposed roofing material is comparable in appearance, color and profile to the existing or original roofing material; replacement of windows and doors if the proposed replacements are of the same materials, form, color, and location as the existing or original windows and doors; an addition of less than 200 square feet proposed for the side or rear elevations (not visible from the public right-of-way) and does not materially alter the features or have an adverse effect on the historic integrity of a cultural resource; minor changes to a previously approved certificate; or any other undertaking determined by the director or his/her designee to not materially alter the features or have an adverse effect on the integrity of a cultural resource.

(A)    Requirements. The required application materials for minor project review shall include, without limitation: a written narrative of the proposed project, a vicinity map, a site plan, exterior elevations drawn to scale, a window and door schedule, and photographs of the structure and the neighborhood.

(B)    Review Process. After the certificate of appropriateness application for minor project review is deemed complete by the director or his/her designee, the commission’s chairperson (the “chair”), or his/her designee, shall evaluate the application to determine its eligibility for minor project review. If the proposed project meets the eligibility criteria for minor project review, the commission’s chairperson, or his/her designee, may elect to do one of the following:

(i)    Approve the Certificate of Appropriateness. If the proposed minor project is deemed consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties and the city of South Pasadena’s adopted design guidelines, the commission’s chairperson or his/her designee may approve the proposed project;

(ii)    Consent Calendar. If the chair, or his/her designee, determines that the proposed minor project needs additional review by the commission, he or she may elect to place it on the commission’s next meeting agenda. Such project shall be noticed pursuant to subsection (e)(7) of this section, Public Notice Requirements, as a consent calendar item on that agenda; or

(iii)    Deny the Certificate of Appropriateness. If the proposed minor project is deemed to be inconsistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties and the city’s adopted design guidelines, the chair or his/her designee may elect to refer the proposed project to the entire commission through the certificate of appropriateness (major project review) procedure pursuant to subsection (e)(5) of this section.

(5)    Major Project Review. The certificate of appropriateness application must be accompanied by any fee as required by the city of South Pasadena and documentation as the commission shall require, including without limitation:

(A)    Written Narrative. A written narrative of the project indicating the manner and the extent in which the proposed project is consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties and the city of South Pasadena’s adopted design guidelines.

(B)    Landscaping Plan. A plan that accurately and clearly displays the following: existing trees on the project site that are subject to this city’s adopted tree ordinance as set forth in Chapter 34 SPMC; species of all trees and their appropriate trunk diameter, height, and condition; proposed final disposition of all existing trees; the extent and location of all proposed vegetation; species and planting sizes of all proposed landscaping along with the provisions for irrigation and ongoing maintenance; an irrigation plan; and indication of all hardscape along with the exterior of all structures and amenities, including colors and materials keyed to a materials and colors board as appropriate.

(C)    Site of Plot Plan. A site or plot plan drawn at an appropriate scale that reflects the proposed project including: areas of alteration and/or demolition, property lines, and all recorded or proposed easements and public rights-of-way. The site plan shall also indicate the footprint of buildings on adjacent properties.

(D)    Floor Plan. Building floor plans and building sections at a scale of at least one-eighth inch equals one foot.

(E)    Elevations. Exterior elevations specifying all exterior materials with critical dimensions and existing character-defining features clearly indicated.

(F)    Exterior Finishes. Materials, colors, and finishes clearly indicated on elevation drawings and keyed to a materials and colors board including light reflectance values, a clear indication of the appearance, location, and light effects of all exterior lighting fixtures, and a two-point perspective rendering showing proposed structures with profile drawings of the adjoining structures from an eye-level elevation.

(G)    Window and Door Schedule. All doors and windows labeled with symbols that correspond to the labeling on the floor plans and elevations. The door and window schedule is a table containing the following information: existing and new window and door sizes, window and door manufacturer information, exterior finish, fabrication material, operational type, glazing information, divided lite details, and window muntins details when applicable.

(H)    Photographs. Photographs of the site and its surroundings to document the existing conditions and provide a complete understanding of the property and its neighborhood context. This includes photographs of the site and adjacent properties for a distance of 300 feet from each end of the principal street frontage, as well as properties opposite the subject and adjacent properties. The photos shall be mounted color prints, supplied from continuous views along the principal streets, along with a key map provided indicating the relationship of all views to the parcels, streets, and related features.

(I)    Other Documentation. Documentation as may be required to understand the history of previous construction on the property including but not limited to: a series of site plans illustrating the chronological order of construction of permitted and nonpermitted work, the construction or removal of character-defining features, or building permits.

(J)    Scale Model. Although not a mandatory requirement, a three-dimensional scale model, a perspective view, or other similar types of graphic information may be recommended for a complete understanding of a proposed project.

The application shall be filed with the director or his/her designee who shall transmit the same to the commission upon receipt of a complete application, as determined pursuant to the Permit Streamlining Act.

(6)    Timing of Review. If the proposed project is exempt from the California Environmental Quality Act, the commission shall have 60 days from the date of receipt of a complete application from the director, or his/her designee, within which to grant or deny the certificate. A continuance may be granted pursuant to the Permit Streamlining Act. If any action under this article is subject to the provisions of CEQA, the time in which such action must be taken shall be extended in order to allow time to comply with CEQA; provided, however, that such action is taken within the time limits imposed by the Permit Streamlining Act. The cultural heritage commission will be advisory to the planning commission on requested variances for properties on the register of landmarks and historic districts and the South Pasadena inventory of cultural resources.

(7)    Public Notice Requirements. All projects requiring a certificate of appropriateness and subject to the commission’s approval shall require public notification. The city shall, no later than 10 days prior to the hearing, give notice of a public hearing indicating the place, date, and time of the cultural heritage commission meeting and shall include a brief description of the proposed project. Public notification shall be provided as follows:

(A)    Hearing Notice to Applicant and Owners. Public notification shall be provided to the applicant, to all owners of real property as shown on the County’s latest equalized assessment roll, and to all legal occupants located within a 300-foot radius of the subject parcel upon which a certificate is requested.

(B)    Hearing Notice to Owners of Historic District Properties. Public notification for any project proposed within a historic district or a district listed on the California Register shall be as follows: the public notification described in subsection (e)(7)(A) of this section, plus the owners of real property as shown on the county’s latest equalized assessment roll and to all legal occupants of each property located within that historic district or district listed on the California Register.

(8)    Certificate of Appropriateness Criteria. The following criteria shall apply to all alteration, demolition, and relocation requests that do not involve an emergency, or an expedited evaluation in the interest of the public health or safety. The commission shall determine whether to approve or deny the issuance of the certificate based upon the following criteria:

(A)    Local Criteria.

(i)    The purpose of this article as set forth in SPMC 2.58B.

(ii)    City of South Pasadena zoning code.

(iii)    City of South Pasadena residential and commercial design guidelines, particularly: the design guidelines for alterations and additions to historic residences; the design guidelines for new residential buildings in established neighborhoods that apply to noncontributors; and the design guidelines for enhancing existing nonhistoric residences.

(iv)    The historic and architectural value and significance of the improvement or natural feature and whether any affected improvement or natural feature is listed in or eligible for listing in the South Pasadena register of landmarks and historic districts; the California Register of Historical Resources; or the National Register of Historic Places, or is otherwise a cultural resource.

(v)    The qualities of the improvement or natural feature including their relation to the street or public way and to other improvements and natural features, the texture, material and color of the improvement in question or its appurtenant fixtures, and the relationship of such features to similar features of other cultural resources nearby.

(vi)    The designated historic district including the impact of any proposed demolition, alteration, relocation, or new construction on the criteria and standards adopted by the city council for historic district designation.

(vii)    With respect to proposed relocations or demolitions, review of the replacement structure to be considered by the cultural heritage commission and planning commission concurrently with the relocation or demolition permit request. A building permit for the replacement structure must be obtained before a cultural resource is relocated or demolished.

(viii)    With respect to proposed demolitions, the commission shall consider whether the improvement or natural feature is of such unusual or uncommon design, texture or materials that it could not be reproduced or be reproduced only with great difficulty and expense or whether retention of such would substantially aid in preserving and protecting the cultural resource, or the historic district.

(ix)    Any applicable report from a historic architect or civil engineer regarding the feasibility of the proposed work, or feasibility of the commission’s suggestions for project revision, subject to peer review by a city consultant.

(x)    The certificate of appropriateness application and all written and oral testimony submitted, including any evaluations of the property and proposed project by an architectural historian.

(xi)    Whether the owner applied for a certificate of economic hardship in accordance with subsection (e)(14) of this section.

(B)    National and State Criteria.

(i)    Secretary of the Interior’s Standards for the Treatment of Historic Properties and the associated guidelines.

(ii)    The National Park Service and its preservation briefs, tech notes, and bulletins.

(iii)    The California Environmental Quality Act (CEQA) and its implementing guidelines and whether the project is consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties, and is therefore exempt from CEQA under Class 31, which applies to “projects limited to maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of cultural resources in a manner consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer.” (CEQA Guideline [Cal. Code Regs. Title 14] Section 15331.)

(iv)    The California Environmental Quality Act (CEQA) and its implementing guidelines and whether the project would normally qualify for a categorical exemption from CEQA, but the project is subject to CEQA because the project “may cause a substantial adverse change in the significance of a historical resource.” (CEQA Guideline Section 15300.2(f) [Exception for Historical Resources]; CEQA Guideline Section 15064.5(b) [Determining the Significance of Impacts on Historical and Unique Archaeological Resources; definition of “substantial adverse change in the significance of a historical resource”].)

(v)    State Historical Building Code (Title 24, Part 8 of California Code of Regulations).

(vi)    Density Bonuses. Pursuant to California Government Code Section 65915, a density bonus requested for a housing development shall not be granted if the city finds that, among other things, the “concession or incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.” The commission shall consider the provisions of Government Code Section 65915, as it may be amended from time to time, in its review of proposed projects, and in any recommendations made to the planning commission.

(9)    Certificate of Appropriateness Conditions. The commission may condition its approval on any of the following:

(A)    Subsequent review of specific items by the planning commission;

(B)    Documentation appropriate to the project, consistent with the Historic American Buildings Survey/Historic American Engineering Record/Historic American Landscapes Survey (HABS/HAER/HALS) standards of the Department of the Interior;

(C)    Retention of one or more facades or elements;

(D)    Suspension of a certificate of appropriateness for 180 days to allow the owner to take steps as it deems necessary to preserve or restore the cultural resource, including acquisition of the property (if moving the resource to another location), or removing and saving parts or character-defining features from the resource;

(E)    In the case of an approved demolition or relocation of a cultural resource or improvement, building permits shall first be issued for the replacement project on the current location, prior to the demolition or relocation of a cultural resource or improvement to another location;

(F)    In the case of an approved demolition or relocation, all CEQA documentation has been reviewed and approved by the appropriate review authority;

(G)    In the case of an approved demolition or relocation, any Mills Act contract formerly existing on the property shall no longer be in force, pursuant to the cancellation terms in the contract;

(H)    In the case of an approved demolition, the owner shall repay to the city any preservation grants or loans the owner previously accepted from the city as incentives to help preserve the resource;

(I)    Any other conditions the commission deems appropriate on a case-by-case basis.

(10)    Certificate of Appropriateness Findings. The certificate of appropriateness shall be denied if the commission cannot make the required findings listed below:

(A)    Mandatory Findings. In order to approve a certificate of appropriateness, the commission shall make all of the mandatory findings as follows:

(i)    The project is consistent with the goals and policies of the general plan.

(ii)    The project is consistent with the goals and policies of this article.

(iii)    The project is consistent with the applicable criteria identified in subsection (e)(8) of this section which the commission applies to alterations, demolitions, and relocation requests.

(B)    Project-Specific Findings. In order to approve a certificate of appropriateness, the commission shall make at least three of the project-specific findings listed below:

(i)    The project removes inappropriate alterations of the past;

(ii)    The project is appropriate to the size, massing, and design context of the historic neighborhood;

(iii)    In the case of an addition or enlargement, the project provides a clear distinction between the new and historic elements of the cultural resource or improvement;

(iv)    The project restores original historic features in accordance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties;

(v)    The project adds substantial new living space (for example: a second story toward the rear of a residence) while preserving the single story [architectural style or building type] character of the streetscape;

(vi)    The project enhances the appearance of the [residence or building] without adversely affecting its original design, character, or heritage;

(vii)    The project will not adversely affect the character of the historic district in which the property is located;

(viii)    The project will be compatible with the appearance of existing improvements on the site and the new work will be compatible with the massing, size, scale, and character-defining features to protect the historic integrity of the property and its environment;

(ix)    The project is consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties, and is therefore exempt from CEQA under Class 31, which applies to “projects limited to maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of historical resources in a manner consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer” (CEQA Guideline [Cal. Code Regs. Title 14] Section 15331);

(x)    Relocation as an alternative to demolition of the cultural resource is appropriate because of the following: CEQA analysis has been conducted and the owner has provided substantial evidence, as defined in CEQA (Public Resources Code Section 21080(e)), demonstrating that no feasible alternative exists that would avoid a significant adverse impact on the resource; relocation is required to prevent destruction of the resource at its current location; the new location is compatible with the cultural resource’s original character and use; upon relocation, the resource retains its historic features and compatibility in orientation, setting, and general environment; if relocated within the city of South Pasadena, the receiving location is appropriately zoned; the relocation is part of a definitive series of actions that will assure preservation of the cultural resource;

(xi)    Demolition of the cultural resource is appropriate because of one or all of the following: (a) CEQA analysis has been conducted and the owner has provided substantial evidence, as defined in CEQA (Public Resources Code Section 21080(e)), demonstrating that no feasible alternative exists that would avoid a significant adverse impact on the resource; (b) the owner is approved for a certificate of economic hardship; (c) the size, massing and scale of the replacement structure is harmonious with other improvements and natural features that contribute to the historic district, or the neighborhood character; and (d) the replacement structure contributes to the integrity of the historic district or neighborhood; and/or

(xii)    In the case of a structure that poses an imminent threat and is unsafe to occupy, the commission shall make one or all of the following findings to approve a demolition of a cultural resource: (a) the building has experienced severe structural damage and there is substantial evidence to support this conclusion from at least two sources (e.g., structural engineer, civil engineer, or architect); or (b) no economically reasonable, practical, or viable measures could be taken to adaptively use, rehabilitate, or restore the building or structure on its existing site and there is substantial evidence to support this conclusion from at least two sources (e.g., structural engineer, civil engineer, or architect); or (c) a compelling public interest justifies demolition.

(11)    Expiration of Certificate of Appropriateness. A certificate of appropriateness shall lapse and become void 18 months (or shorter period if specified as a condition of approval) from the date of final approval, unless a building permit (if required) has been issued and the work authorized by the certificate has commenced prior to such expiration date and is diligently pursued to completion. Upon application by the property owner before the expiration of a certificate of appropriateness, the commission may extend the expiration date of the certificate for an additional period of up to 12 months. The commission may approve, approve with conditions, or deny any request for extension.

(12)    Revocation or Modification of Certificate of Appropriateness. A certificate of appropriateness may be revoked or modified for any of the following reasons:

(A)    Noncompliance with any terms or conditions of the certificate;

(B)    Noncompliance with any provisions of this article; or

(C)    A finding of fraud or misrepresentation used in the process of obtaining the certificate.

Proceedings to revoke or modify a certificate may be initiated by motion of the commission or city council. Once revocation proceedings have been initiated and written notice provided to the property owner, all work being done in reliance upon such certificate or associated permits shall be immediately suspended until a final determination is made regarding the revocation.

The decision to revoke or modify a certificate of appropriateness shall be made by the commission following a public hearing, with written notice provided to the property owner at least 10 days prior thereto. The commission’s decision may be appealed to the city council, as provided below.

(13)    Appeal of a Certificate of Appropriateness. Any person aggrieved by the commission’s approval or denial of a certificate of appropriateness may appeal the commission’s decision to the city council.

(A)    Within 15 calendar days from the effective date of the commission’s decision, the appellant shall file his/her written letter of appeal and shall pay a filing fee as required by the city of South Pasadena, as determined by resolution of the city council, with the city clerk.

(B)    Within the appeal period identified in subsection (e)(13)(A) of this section, a member of the council may request to review a decision of the commission. A request for review may be initiated by any two members of the council and shall be filed in writing to the office of the city clerk. The request shall not state that an error has been made or otherwise suggest that the two council members seeking review have predetermined the matter to be heard by the council.

(C)    The appeal shall set forth the grounds relied on by the appellant. Upon receipt of the written letter of appeal and payment of the applicable filing fee, the city clerk shall place the matter upon the city council agenda for a regularly scheduled meeting of the council in accordance with subsection (e)(7) of this section, Public Notice Requirements.

(D)    Within 60 days following the filing of a written appeal, or as soon as practicable, the city council shall conduct a public hearing to review the decision of the commission. At any time prior to its final decision, the council may refer the matter back to the commission for further consideration. The council shall set the matter for hearing and shall give written notice by certified mail addressed to the owner, of the time and place for the hearing, at least 10 days prior to the date thereof.

(E)    At the time set for the hearing, the appellant and any other interested parties shall be given a reasonable opportunity to be heard in order to show cause why the decision of the commission should be reversed or modified. The city council may reverse or affirm wholly or partly, or may modify, the decision of the commission, and may impose such conditions as the facts warrant, and its decision shall be final. Any hearing may be continued from time to time.

(14)    Certificate of Economic Hardship. In considering the appropriateness of either demolition or alteration, the commission shall approve or conditionally approve a certificate of appropriateness if it finds that such cultural resource cannot be remodeled or rehabilitated in a manner which would allow a reasonable use of or reasonable return on investment from the property to the owner.

If the project is subject to CEQA, the certificate of economic hardship shall not be granted until all CEQA review has been conducted in accordance with law.

(A)    Documentation. The commission may solicit expert testimony or require that the owner submit any or all of the following information before the commission makes a determination on the application for a certificate of economic hardship:

(i)    Past and current use of the property;

(ii)    Proposed future use of the property;

(iii)    Original purchase price and date purchased;

(iv)    Current assessed value of the property;

(v)    Estimated market value of the property, evaluated by an independent party experienced with appraising cultural resources, prepared within three months before submitting the application for a certificate of economic hardship to the commission: in its current condition, after completion of the proposed project, after any changes recommended by the commission, and, in the case of proposed demolition, after renovation of the existing property for continued use;

(vi)    Current outstanding mortgage debt encumbering the property identifying principal balance, interest rate, and monthly payment amounts;

(vii)    For income-producing property, its immediate past three-year history of income and expenses;

(viii)    Form of ownership or operation of the property, whether sole proprietorship, for profit or not-for-profit corporation, limited partnership, limited liability company, joint venture or other;

(ix)    An estimate of the cost of the proposed project [and] estimate of any additional cost that would be incurred to comply with the recommendations of the commission;

(x)    A report from a historic architect or structural engineer with experience in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation;

(xi)    In the case of proposed demolition, an estimate from an historic architect, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation, as to the economic feasibility of rehabilitation or reuse of the existing structure on the property;

(xii)    Such other information of applicant or principal investors in the property, considered necessary by the commission to determine if there is a reasonable return to the owner;

(xiii)    Evidence that the owner has made serious efforts to sell or rent the property to no avail, and has taken advantage of all available financial and land use incentives. (Ord. No. 2315, § 2, 2017.)

2.66 Certificate of appropriateness not required – Conditions posing an imminent threat to life, limb, or property.

(a)    Intent. It is the intent of the city of South Pasadena to limit demolition of any cultural resources to the final course of action in an emergency, used only when other efforts are not feasible to abate an imminent threat.

(b)    Necessary Work in Connection with an Imminent Threat. Where the building official has determined that a structure regulated by the California Building Code may pose an imminent threat to life, limb, or property, the building official shall consider the following criteria and procedures prior to issuing an order to abate the imminent threat:

(1)    The extent to which the condition of the building(s) or structure(s) is immediately dangerous within the meaning of the South Pasadena Municipal Code;

(2)    The extent to which there are any feasible alternatives to demolition of a cultural resource that will adequately protect the health and safety of the public including, but not limited to, the following: securing the building, securing the property, bracing of the structure, shoring, or equivalent similar action.

Such actions may be ordered by the building official to abate an imminent threat and no certificate of appropriateness shall be required.

(3)    If the building official identifies the need to permit a demolition of a cultural resource, and after considering the first priority of protecting the public health and safety, the building official shall notify the director at the earliest feasible opportunity regarding the potential impact on a cultural resource and the necessary steps to abate any imminent threat to the public health or safety. Upon the director’s receipt of notice from the building official, the director shall notify the commission’s chairperson (the “chair”), or his/her designee, for the purpose of discussing the conditions and alternatives identified in subsection (b)(2) of this section.

(4)    If the director determines, following the consultation with the building official and the commission’s chair, that all or some portion of a demolition of a cultural resource is necessary to abate an imminent threat to the public health or safety, the director is authorized to approve the demolition upon factoring in any feasible alternative to demolition in whole or in part, as the least invasive corrective measure identified during the consultation.

(5)    As soon as feasible under the circumstances, the director, or his/her designee, shall present to the commission a summary of any actions taken pursuant to this subsection (b).

(6)    Where the building official has determined that the imminent threat has been abated and the structure has been determined by the building official to be in a state of disrepair as defined in the municipal code, then the substandard condition(s) shall be abated through the certificate of appropriateness process for alterations or demolitions pursuant to SPMC 2.65. (Ord. No. 2315, § 2, 2017.)

2.67 Enforcement and penalties.

(a)    Unpermitted Work without a Certificate. Demolition, relocation, alteration or removal of any improvement, site or natural feature subject to the provisions of this article without obtaining a certificate of appropriateness is a misdemeanor and is further hereby expressly declared to be a nuisance.

(b)    Obligations and Consequences upon Failure to Obtain a Certificate of Appropriateness. Unpermitted work, without the approval of a certificate of appropriateness pursuant to the requirements of this article, shall be addressed as follows:

(1)    The director or his/her designee shall give notice to the owner of record by certified or registered mail of the specific demolition or alteration work that was made without first obtaining a certificate of appropriateness. The owner or person in charge of the structure shall apply within 30 days for a certificate of appropriateness.

(2)    In reviewing the unpermitted alterations, demolition, relocation, or removal, the commission shall either:

(A)    Approve the certificate of appropriateness pursuant to the criteria specified in SPMC 2.65; or

(B)    Deny the certificate of appropriateness and require that the inappropriate alteration(s) or demolition be abated pursuant to subsection (c) of this section.

(3)    If the property owner fails to apply for a certificate of appropriateness or abatement of the public nuisance pursuant to subsection (c) of this section is not possible, the matter shall be referred to the city prosecutor for further action.

(c)    Abatement of Nuisance. Any work undertaken for which a certificate of appropriateness is required but was not obtained shall be deemed a nuisance. Such nuisance shall be abated by reconstructing or restoring the property to its original condition prior to the performance of work in violation of this article in the following manner:

(1)    Covenant to Reconstruct Within One Year. Within 30 days of the effective date of the commission’s denial of a certificate of appropriateness, the owner of the property shall execute and record a covenant in favor of the city to do such reconstruction or restoration within one year of the effective date of the commission’s decision to deny a certificate of appropriateness. The form of the covenant shall be subject to approval by the city attorney, and shall run with the land.

(2)    Time Extension on Covenant. Upon application to the commission, the time may be extended on a covenant to reconstruct if the owner shows the work cannot reasonably be performed within one year.

(3)    City Action. If the owner refuses to execute and record such covenant, then the city may cause such reconstruction or restoration to be done, and the owner shall reimburse the city for all costs incurred in doing the work. The cost of the work performed by the city shall constitute a lien against the property on which the work is performed. Restoration or reconstruction may only be required when plans or other evidence is available to effect the reconstruction or restoration to the satisfaction of the director.

(d)    Additional Penalty. With respect to a violation of this article on a landmark or an improvement within a historic district, or a on a building or structure listed on the inventory of cultural resources, no building or construction-related permits shall be issued for a period of five years following the date of demolition or complete reconstruction pursuant to subsection (c) of this section, whichever occurs last, for property on which demolition has been done in violation of this article. No permits or use of the property as a parking area shall be allowed during the five years if plans or other evidence for reconstruction or restoration of a demolished structure do not exist, or if the reconstruction or restoration is not completed for any reason. Permits which are necessary for public safety or welfare in the opinion of the director may be issued.

For purposes of this section, the date of demolition shall be presumed to have occurred on the date the city has actual knowledge of the demolition, and the owner shall have the burden of proving an earlier date, if entitlement to an earlier date is claimed. The date of complete reconstruction shall be the date that a certificate of occupancy is issued by the city.

(e)    Failure to Maintain. The owner, lessee, or other person in actual charge of a landmark, building, structure or improvement within a historic district, or structure listed on the inventory of cultural resources shall comply with all applicable codes, laws and regulations governing the maintenance of property. It is the intent of this subsection to preserve from deliberate or inadvertent neglect the exterior features of buildings, and the interior portions thereof when such maintenance is necessary to prevent deterioration and decay of the exterior.

(1)    Notice. The director shall cause notice of the applicability of this section to be made by certified mail to the person shown as the owner on the rolls of the tax assessor, and on any other person known to have an interest in the property, as soon as practicable after having knowledge that the provisions of this section are applicable to the property. The date the city first had actual knowledge of the deterioration shall be stated in the notice.

(2)    Consequences for a Failure to Maintain. All landmarks, buildings, structures or improvements within a historic district, or listed on the inventory of cultural resources, shall be preserved against decay and deterioration and shall be free from structural defects through prompt corrections of any of the following defects including, but not limited to:

(A)    Facades which may fall and injure members of the public or property;

(B)    Deteriorated or inadequate foundation, defective or deteriorated flooring or floor supports, deteriorated walls or other vertical structural supports;

(C)    Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration;

(D)    Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows or doors;

(E)    Defective or insufficient weather protection for exterior wall covering, including lack of paint or weathering due to lack of paint or other protective covering;

(F)    Any fault or defect in the building which renders it not properly watertight or structurally unsafe;

(G)    Electrical and plumbing systems; and

(H)    Prevention of infestation.

If the owner refuses upon 30 days’ written notice by city to correct or undertake the maintenance of a landmark, building, structure or improvement within a historic district, or a property listed on the inventory of cultural resources, then the city may cause such repair or work to be done, and the owner shall reimburse the city for all costs incurred in doing such work. The cost of the work performed by the city shall constitute a special assessment lien against the property on which the work is performed.

(f)    Appeal of Decision. The decision of the director that this section is applicable to property may be appealed by the affected owner to the cultural heritage commission which shall hold a hearing on such appeal within 60 days of its filing with the city clerk’s office, and which shall render a decision on the appeal within 30 days of the close of the hearing on the appeal. The decision of the commission may be appealed to the city council in accordance with the procedures for appeal in SPMC 2.65(e)(13).

(g)    Remedies Cumulative. The remedies available to the city are cumulative. The city’s exercise of civil remedies shall be in addition and not in lieu of any criminal prosecution and penalty. (Ord. No. 2315, § 2, 2017.)

2.68 Historic preservation incentives.

(a)    By enactment of this section, the city desires to foster preservation of South Pasadena’s cultural resources.

(b)    The following incentives shall be made available to qualifying properties that undergo maintenance or alteration work that is consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties. This work includes rehabilitation for continual use of historic buildings and sites, preservation and maintenance of character-defining features, and restoration of historical resources that have been significantly altered over time.

(1)    Contracts. The city council authorizes the use of contracts pursuant to California Government Code Section 50280 et seq., known as “Mills Act contracts.” Such contracts may be entered into at the sole discretion of the city council based on the recommendations of the cultural heritage commission in a form to be approved by the city attorney. The intent of such contracts shall be the continued preservation of historical properties.

(A)    Purpose. The purpose of this section is to implement state law (Government Code Sections 50280 through 50290), allowing the approval of Mills Act contracts by establishing a uniform procedure for the owners of qualified historic properties within the city to enter into contracts with the city. The city council finds that the Mills Act contract will support the goals and objectives in the historic preservation element of the general plan with regards to incentivizing the maintenance and preservation of cultural resources. The council further finds that entering into a Mills Act contract is an effective incentive to further the city’s preservation goals to rehabilitate, preserve, restore, and maintain qualifying cultural resources.

(B)    Limitations on Eligibility. Mills Act contracts are limited to the following qualifying properties: landmarks; contributing properties of local historic districts; properties listed on the National Register; properties listed on the California Register; and properties that the commission, with concurrence of the city council, may identify as appropriate for a Mills Act contract. The granting of new Mills Act contracts shall be limited to a maximum of four properties each year. That limit does not apply to eligible properties that would benefit from the incentive to do seismic retrofit work to abate a potential threat to public safety.

(C)    Criteria. In considering the merits of a proposed Mills Act contract, the commission shall use the following criteria in making a recommendation to the city council:

(i)    Financial Investment. The estimated tax benefit is not expected to exceed the applicant’s proposed financial investment in the cultural resource over the first 10 years of the contract.

(ii)    Public Benefit. The proposed Mills Act contract features a work plan that will provide a benefit to the public by: rehabilitating the property for continued occupancy or adaptive reuse; improved viability through systems upgrades and structural reinforcement upgrades; preserving and maintaining the character-defining features of the property, and/or restoring character-defining features of the property that have been significantly altered or removed over time.

(iii)    Retroactive Limitations. The estimated tax benefit will not be used for any maintenance or alteration work that was previously completed or initiated before the contract is approved, unless it can be shown that the completed work was necessary in the interest of the public health or safety following involuntary damage or destruction caused by fire, act of nature, or any other casualty.

(iv)    Limitations on Maintenance. The estimated tax benefit will not be used for routine maintenance work except for exemplary or exceptional properties that have financially burdensome maintenance requirements.

(v)    Limitations on Interior Work. The estimated tax benefit will not be used for work within the interior of a cultural resource unless the commission determines the following exceptions should be made: the interior work is necessary to improve the structural integrity of the property; the interior work is necessary to preserve and maintain character-defining features within the cultural resource that are specifically identified as part of the official landmark nomination; and/or the interior work is necessary to preserve and maintain character-defining features of the property that were discovered subsequent to its landmark designation. The commission must first determine that those interior features are character-defining based on substantial evidence provided by the applicant.

(vi)    Limitations on Landscaping. The estimated tax benefit will not be used for landscaping work unless it will be used for specific landscape features that were identified as part of the official landmark nomination.

(D)    Required Provisions. The required provisions of a Mills Act contract shall be those required by state law, Government Code Sections 50281 and 50282, including the following specifications:

(i)    The term of a Mills Act contract shall be for a minimum period of 10 years, unless the property owner is issued a notice of nonrenewal as provided in subsection (b)(1)(E)(v) of this section.

(ii)    Each Mills Act contract shall provide that on the anniversary date of the contract or such other date as is specified in the contract, a year shall be added automatically to the initial term unless a notice of nonrenewal is issued.

(iii)    The property owner shall have the right (per Government Code Section 50282) to appeal a notice of nonrenewal to the city council.

(iv)    Conformance with National Standards. The contract agreement is to assist in the preservation of the qualifying property; therefore, restoration and rehabilitation of the property shall conform to the rules and regulations of the State of California Office of Historic Preservation (Department of Parks and Recreation) and the United States Secretary of the Interior’s Standards for the Treatment of Historic Properties.

(v)    Inspections. The owner shall agree to allow periodic examination of the interior and exterior of the premises by the county assessor, the Department of Parks and Recreation, the State Board of Equalization, and the city, as may be necessary to verify the owner’s compliance with the contract agreement, and to provide any information requested to ensure compliance with the contract agreement.

Each Mills Act contract shall also provide that after five years, and every five years thereafter, the city, county of Los Angeles (county), or city and county shall have the option to inspect the premises to determine the property owner’s compliance with the contract.

(vi)    Reports. The owner shall agree to submit evidence to the city in accordance with the reporting schedule specified in the Mills Act contract (and at a minimum every three years) to confirm that preservation tasks were completed in accordance with the time line stipulated in the Mills Act contract.

(vii)    Nonrenewal. If recommended by the commission and approved by the city council, a notice of nonrenewal may be issued six years into the duration of the contract. The procedure for notice of nonrenewal by the owner or the city shall be in accordance with Government Code Section 50282 as it may be amended from time to time.

(viii)    Binding Effect of Contract. The contract shall be binding on all successors-in-interest of the owner to the benefits and burdens of the contract. The contract shall stipulate escrow instructions that require a review and reevaluation of the property every three years.

(ix)    Cancellation. The Mills Act contract shall state that the city may cancel the contract after a duly noticed public hearing if it determines that the owner has breached any of the conditions of the contract or has allowed the property to deteriorate to the point that it no longer meets the significance criteria under which it was designated (Government Code Sections 50284 and 50285).

(x)    Cancellation Fee. The contract shall state that if the city cancels the contract as provided herein, the owner shall pay the state of California a cancellation fee of 12.5 percent of the full assessed value of the property at the time of cancellation, as determined by the county assessor without regard to any restriction on the property imposed by the Mills Act contract.

The contract shall also provide that in the event preservation, rehabilitation, or restoration becomes infeasible due to damage caused by natural disaster (e.g., earthquake, fire, flood, etc.), the city may cancel the contract without requiring the owner to pay the state of California the above-referenced cancellation fee as a penalty. However, in this event, a contract shall not be cancelled by the city unless the city determines, after consultation with the State of California Office of Historic Preservation, in compliance with Public Resources Code Section 5028, that preservation, rehabilitation, or restoration is infeasible.

(E)    Administration of Mills Act Contracts. The commission shall have the responsibility to recommend to the city council the approval of Mills Act contract proposals. The commission shall prepare and transmit a report of its recommendation to the council on the merits of each proposal.

(i)    Review Timing of New Mills Act Contracts. After January 1st of each year, or as soon as reasonably possible, but in no event later than March 31st of that year, the commission shall accept proposals for Mills Act contracts. After April 1st of each year, or as soon as reasonably possible, but in no event later than June 30th of that year, the commission shall review proposals for Mills Act contracts. After June 30th of each year, or as soon as reasonably possible, but in no event later than September 30th of that year, the commission shall make a recommendation to the city council of no more than four new Mills Act contract proposals.

(ii)    Notification to OHP. The city shall provide written notice of the contract to the State of California Office of Historic Preservation within 180 days of entering into the contract.

(iii)    Review Timing of Current Mills Act Contracts. After June 30th of each year, or as soon as reasonably possible, but in no event later than September 30th of that year, the commission shall review the progress made towards the completion of preservation work stipulated in the Mills Act contracts that are scheduled for review that year and Mills Act contracts that are 10 years or older.

(iv)    Review Criteria for Cancellation of Mills Act Contracts. In considering a recommendation to cancel a Mills Act contract, the commission shall determine whether the owner has breached any of the conditions of the contract or has allowed the property to deteriorate to the point that it no longer meets the significance criteria under which it was designated.

(v)    Review Criteria for Notice of Nonrenewal. In considering a recommendation to issue a notice of nonrenewal of a Mills Act contract, the commission shall use the following criteria in making a recommendation to the city council: (a) the owner has provided substantial evidence to the commission that, although progress has been made towards meeting certain obligations of the contract, the owner cannot fulfill the remaining requirements of the contract due to reasons beyond the owner’s control; or (b) the owner has not complied with the terms of the Mills Act contract, and/or has failed to document evidence of the ongoing preservation maintenance required by the contract, including any changes in the contracted work schedule necessitated by factors beyond the owner’s control, or (c) the commission has determined that the quality of the work is insufficient to achieve the long-term preservation objectives of the Mills Act contract agreement.

Upon receipt by the owner of a notice from the city of nonrenewal, the owner may make a written protest of the notice of nonrenewal (Government Code Section 50282). The city may, at any time prior to the renewal date, withdraw the notice of nonrenewal.

(vi)    Annual Report to City Council. The commission shall prepare and transmit a report of its review of current Mills Act contracts as part of its annual report to the city council.

(vii)    Identification of Properties. The commission may proactively survey the city and identify properties that may benefit from a Mills Act contract. The commission may, if it finds that it is in the best interest of the city, contact the property owner directly and recommend that a Mills Act contract be pursued. (Ord. No. 2315, § 2, 2017.)

2.68A Severability of provisions.1

Should any section or provision of this article be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this article as a whole or any section thereof other than the section or provision specifically declared to be invalid. (Ord. No. 2315, § 2, 2017.)

ARTICLE IVI. FINANCE COMMISSION2

2.69 Creation.

There is hereby created a finance commission. (Ord. No. 2294, § 1, 2016.)

2.70 Meetings.

The finance commission may hold a maximum of 10 regular meetings per calendar year. The commission shall adopt a schedule of meetings each year, consistent with this section. (Ord. No. 2294, § 1, 2016.)

2.71 Powers and duties.

The powers and duties of the finance commission shall be to:

(a)    Provide high-level oversight and advice to the city council, city treasurer and finance director regarding financial matters affecting the city including, but not limited to, investments, budget development and monitoring, revenue development, taxation, debt financing, and internal controls;

(b)    Formulate and propose policies on financial matters for approval by the city council;

(c)    Recommend the adoption of standards on organizations, personnel, areas and facilities, program and financial support;

(d)    Make periodic inventories of financial services that exist or may be needed and interpret the needs of the public to the city council;

(e)    Aid in coordinating the financial services with the programs of other governmental agencies and voluntary organizations;

(f)    Inform the public of the policies and functions of the financial programs as directed by the city council. (Ord. No. 2294, § 1, 2016.)

2.72 Composition of members.

The initial composition of the finance commission will consist of the five currently serving members of the finance committee, and their term lengths will be staggered as follows: one member will serve one year and then be eligible for two consecutive three-year terms, two members will serve two years and then be eligible for two consecutive three-year terms, and the remaining two members will serve three years and be eligible for one additional consecutive three-year term. Future appointments will be made by the mayor pursuant to SPMC 2.23 (Composition, appointment and removal of members). (Ord. No. 2294, § 1, 2016.)

ARTICLE IVJ. LIBRARY BOARD OF TRUSTEES

2.77 Creation.

There is hereby created a library board of trustees. (Ord. No. 2187, § 2, 2009.)

2.78 Powers and duties generally.

The board of library trustees shall have the following powers and duties:

(a)    The public library shall be administered by a board of library trustees;

(b)    Prepare such bylaws, rules and regulations as may be necessary for the administration of the city library;

(c)    Review and submit an annual operating budget to the city manager;

(d)    Purchase and acquire books, journals, maps, and other supplies for the library, consistent with the budget;

(e)    Appoint an ad hoc committee to recruit, screen and select candidates for the position of city librarian. Make recommendations to the city manager with respect to the appointment, suspension or removal of the city librarian, who shall serve as a department head under the direction of the city manager;

(f)    Accept money, personal property or real estate donated to the city for library purposes, subject to the approval of the city council;

(g)    Contract with schools, county or other governmental agencies to render or receive library services or facilities, subject to the approval of the city council. (Ord. No. 2187, § 2, 2009.)

2.78-5 Suspension or expulsion for violation of library rules.

(a)    No person shall willfully disrupt the orderly operation of the library of the city of South Pasadena or violate any rule adopted by resolution of the city council or bylaw, rule or regulation adopted by the library board of trustees to protect the orderly operation of the library. All such policies, rules and regulations are referred to collectively as “library rules.”

(b)    The library director or the “staff member in charge” of maintaining order and securing compliance with the library rules may notify a person that their library privileges, including the ability to occupy the library premises, has been suspended and then may order such person to leave the library premises whenever there is reasonable cause to believe that such person has willfully violated such library rules. For purposes of this section, “library premises” includes the library and library park, except for the entry way to the senior center and the area within the senior center.

(1)    A suspended library privilege shall automatically be reinstated at the end of 24 hours unless within that time such person is notified by the library director or said designated person that consent shall not be reinstated for a specified period, not exceeding 14 days.

(2)    In addition, expulsion(s) from the library premises and suspension of all privileges of the library may be imposed against a person whose conduct is sufficiently disruptive to merit expulsion or suspension of privileges for a period of 15 days or more.

(3)    Expulsion and suspension of privileges up to 30 days may be imposed whenever there is reasonable cause to believe that a person has done any of the following:

(A)    Engaged in loud or disruptive conversations, talking, singing, or other disruptive, noisy, or boisterous behavior; or

(B)    Behaved in a manner which reasonably can be expected to disturb other patrons, volunteers, or library staff; or

(C)    Violated the standards of behavior adopted by the library board of trustees or the city council from time to time as posted in a conspicuous location in the library such as near the front door and public service area.

(4)    Expulsion and suspension of privileges of up to 180 days may be imposed whenever there is reasonable cause to believe that a person has done any of the following:

(A)    Violated library rules and been expelled for a period of 30 days each on two or more occasions within the prior 12 months; or

(B)    Engaged in any behavior, conduct, or activity which may damage library property or pose a written, oral or physical threat to other patrons, volunteers, or library staff, as reasonably determined by the library director, or designee, and refused or failed to cease such behavior, conduct, or activity when requested by library staff.

(5)    Expulsion and suspension of privileges of up to one year may be imposed whenever there is reasonable cause to believe that a person has done any of the following:

(A)    Seriously threatened verbally or physically, seriously harassed verbally or physically, or aggressively or annoyingly stared at or followed other patrons, volunteers, or library staff about the library premises, as reasonably determined by the library director, or designee; or

(B)    Destroyed, defaced, or illegally removed library materials or property in violation of California Education Code Section 1991; or

(C)    Behaved in any manner prohibited by federal, state, or local law.

(6)    Only the library director or the “staff member in charge” of maintaining order and securing compliance with the library rules may expel a person from the library premises; only the library director or person designated in writing by the library director may suspend all privileges of the library, for the foregoing periods, as befitting the person’s conduct.

(c)    Appeals of Suspension of Less Than 30 Days. Any person expelled from the library for a period of 30 days or less may appeal the expulsion to the city manager, whose decision regarding the appeal shall be final and conclusive.

(d)    Appeal of Suspension or Expulsion for More Than 30 Days. Any person expelled from the library for a period of more than 30 days may appeal the expulsion to the library board of trustees. Such appeal must be submitted in writing to the library board of trustees no later than 30 calendar days following the issuance of the notice of expulsion to the appellant. The library board of trustees shall render its decision in writing to the appellant to uphold or overturn the expulsion, with a copy to the library director no later than 45 calendar days following completion of the board’s hearing on the appeal. The decision of the library board of trustees shall be final and conclusive.

(e)    Notwithstanding any provision herein to the contrary, a notice of expulsion or suspension of privileges shall remain in effect during the period of any appeal thereof.

(f)    Any person who willfully violates any rule adopted and posted in accordance with this section or who willfully enters or remains in the library premises during the period for which consent has been withdrawn or the individual has been expelled is guilty of a misdemeanor. (Ord. No. 2310, § 1, 2017.)

2.79 Title to property.

The title to all property acquired for the purpose of said library, when not inconsistent with the terms of such acquisition, or otherwise designated, shall vest in the city. (Ord. No. 2187, § 2, 2009.)

ARTICLE IVK. PUBLIC WORKS COMMISSION

2.79-1 Creation.

There is hereby created a public works commission. (Ord. No. 2238, § 1, 2012.)

2.79-2 Responsibilities.

It shall be the responsibility of the public works commission:

(a)    To recommend and prioritize to the city council all public works capital improvement projects that exceed a total project cost of two hundred fifty thousand dollars, or any other significant project as selected by staff or the commission from a list of capital improvement projects for inclusion in an upcoming capital improvement program; and

(b)    To receive regular updates on active capital improvement projects; and

(c)    To provide input on capital improvement programs and long-term infrastructure maintenance and repair programs; and

(d)    To recommend policies and programs to the city council for efficient and cost-effective methods of providing for the public works needs and requirements of the city. (Ord. No. 2238, § 1, 2012.)

2.79-3 Limitations.

The public works commission may discharge its responsibilities in the manner and means selected by it, except as follows:

(a)    Unless expressly authorized to do so by the city council, it shall not represent itself to be, nor in any way act for or on behalf of the city council, nor shall it commit the officers, employees or staff of the city in any manner or to any course of action; to the contrary, it shall act as a study center and clearinghouse for advisory action to the city council; and

(b)    It shall not encroach upon any area preempted by state or federal law; and

(c)    It shall forward all of its findings and recommendations to the city council prior to public release. (Ord. No. 2238, § 1, 2012.)

2.79-4 Composition of members.

(a)    All members shall have an expressed interest in and knowledge of public works projects, methods and procedures. The city shall make a concerted effort to recruit at least one registered civil engineer with an active license, and professionals with expertise in other areas such as traffic engineering, structural engineering, architecture, landscape architecture, contracting or construction, construction law, or construction management and inspection.

(b)    The initial composition of the commission will consist of one member appointed by each councilmember, and their term length will coincide with the current term length of the appointing councilmember. Future appointments will be made by the mayor pursuant to section 2.23 (Composition, appointment and removal of members) of this chapter. (Ord. No. 2238, § 1, 2012.)

2.79-5 Meetings.

The public works commission shall hold up to one regular meeting each month. The chair may call for a special meeting if needed with concurrence of the commission. (Ord. No. 2238, § 1, 2012.)

2.79-6 Sunset.

The public works commission is being created for a period of seven years and shall expire on December 31, 2019. (Ord. No. 2238, § 1, 2012; Ord. No. 2324, § 1, 2018.)

ARTICLE IVL. PUBLIC ART COMMISSION3

2.79-7 Creation.

There is hereby created a five-member public art commission. (Ord. No. 2326, § 1 (part), 2018.)

2.79-8 Responsibilities.

It shall be the responsibility of the public art commission:

(a)    To act in an advisory capacity to the city council in all matters pertaining to public art or art in public places;

(b)    To review and approve proposed public art projects associated with the city’s Civic Center Art Gallery, public art program, and public art development fee; and

(c)    To provide policy recommendations on public art projects and programs as directed by the city manager or the city council, including but not limited to artwork placed in public places or incorporated into public buildings, art education programs, or art display programs or performances. (Ord. No. 2326, § 1 (part), 2018.)

2.79-9 Limitations.

The public art commission may discharge its responsibilities in the manner and means selected by it, except as follows:

(a)    Unless expressly authorized to do so by the city council, it shall not represent itself to be, nor in any way act for or on behalf of, the city council, nor shall it commit the officers, employees or staff of the city in any manner to any course of action; to the contrary, it shall act as a study center and clearinghouse for advisory action to the city council; and

(b)    It shall not encroach upon any area preempted by state or federal law; and

(c)    It shall forward all of its findings and recommendations to the city manager and the city council prior to public release. (Ord. No. 2326, § 1 (part), 2018.)

2.79-10 Composition of members.

All members shall have an expressed interest in and knowledge of public art projects, methods, and procedures. (Ord. No. 2326, § 1 (part), 2018.)

2.79-11 Meetings.

The public art commission shall hold up to one regular meeting each month on an as-needed basis. The chair may call for a special meeting if needed with concurrence of the commission. (Ord. No. 2326, § 1 (part), 2018.)

ARTICLE V. SPECIAL FUNDS

2.80 Capital outlays fund for public improvements created.

Pursuant to the authority granted by Sections 53731 et seq., of the state Government Code, and subject to the limitations therein stated, a fund is hereby created forthwith to provide for capital outlays for public improvements. (Ord. No. 1245, § 1; Ord. No. 2187, § 3, 2009.)

2.81 Repealed by Ordinance No. 1433.

2.82 Special gas tax street improvement fund—Creation.*

To comply with the provisions of Sections 180 to 207 of the Streets and Highways Code, with particular reference to Section 196,** there is hereby created in the city treasury a special fund to be known as the “Special Gas Tax Street Improvement Fund.” (Ord. No. 787, § 1; Ord. No. 2187, § 3, 2009.)

*    For current statutory provisions regarding the gas tax street improvement fund, see §§ 2100 et seq.

**    Ed. Note: This has been renumbered to § 2113.

2.83 Same—Payment of money received from state into fund.*

All moneys received by the city from the state under the provisions of the Streets and Highways Code for the acquisition of real property or interests therein for, or the construction, maintenance or improvement of streets or highways other than state highways, shall be paid into the special gas tax street improvement fund. (Ord. No. 787, § 2; Ord. No. 2187, § 3, 2009.)

*    For current statutory provisions regarding the gas tax street improvement fund, see §§ 2100 et seq.

ARTICLE VI. LIBRARY SPECIAL TAX

2.89 Short title.

This chapter shall be known and may be cited as the “South Pasadena Library Special Tax Ordinance.” (Ord. No. 2025, § 1; Ord. No. 2187, § 4, 2009.)

2.89-1 Definitions.

The following words and phrases whenever used in this chapter shall be construed as defined in this section:

(a)    “Apartment” shall have the meaning set forth in Division 36.700, “Apartment.”

(b)    “Building” means any structure having a roof supported by columns or walls, for the housing, shelter or enclosure of persons, animals, chattels or property of any kind.

(c)    “Condominium project” means a condominium as defined in Section 1350 of the Civil Code, a community apartment project, as defined in Section 11004 of the Business and Professions Code, or a stock cooperative as defined in Section 11003.2 of the Business and Professions Code.

(d)    “Dwelling unit” shall have the meaning set forth in Division 36.700, “Dwelling, dwelling unit, or housing unit.”

(e)    “Library” means the South Pasadena Public Library system as the same may exist from time to time, together with any additions or betterments thereto, or improvements, extensions or expansions thereof.

(f)    “Maintenance and operating costs” of the library means all reasonable and necessary costs expended or incurred by the city for maintaining and operating the library, calculated in accordance with generally accepted accounting principles including, but not limited to:

(1)    Those amounts necessary to maintain a “foundation program” which means those elements of library service which are basic to its function as a provider of information, education and cultural enrichment to all segments of the community, including, but not limited to, collection development and maintenance, lending services, information services, facility maintenance and administration and may include, but is not limited to, amounts paid or payable, from time to time, for books, periodicals, reference materials, research materials, subscription services or other information sources; the reasonable expenses of management and repair and other expenses necessary to maintain and preserve the library in good repair and working order; compensation of employees including, but not limited to salaries, wages and benefits; fees of auditors, accountants, attorneys or engineers; and insurance premiums;

(2)    Depreciation, replacement and obsolescence charges or reserve therefor;

(3)    But shall not be construed to mean costs to provide support services to the library by any other department of the city or for costs of major capital improvements.

(g)    “Multiple-family residential” shall have the meaning set forth in Division 36.700, “Multi-family dwellings.”

(h)    “Required amount” means the minimum amount which must be budgeted in a fiscal year for maintenance and operating costs for the library, after deduction of the amount of the special tax, in order to levy a special tax in a fiscal year.

(i)    “Single-family residential” shall have the meaning set forth in Division 36.700, “Single-family dwelling.” (Ord. No. 2025, § 1; amended during 4/04 supplement; Ord. No. 2187, § 4, 2009.)

2.89-2 Exemptions.

(a)    Nothing in this article shall be construed as imposing a tax upon any person when imposition of such tax upon that person would be in violation of either the Constitution of the United States or the Constitution of the State of California.

(b)    The tax imposed by this chapter shall not be levied upon the federal government, the state government, any state agency or any local governmental agency.

(c)    The tax imposed by this article shall not be levied upon a parcel of property or improvement to property which is owned by a house of worship or charitable or community service organization which qualifies for an exemption from ad valorem taxation under California law.

(d)    The tax imposed by this article shall not be levied upon any owner who has income, adjusted for family size, at or below eighty percent of the area median income as determined under the Section 8 Income

Limits for Los Angeles County as published by the U.S. Department of Housing and Urban Development and applicable to the Community Development Block Grant Programs.

(e)    The tax imposed by this article shall not be levied upon a parcel of property which is vacant. (Ord. No. 2025, § 1; Ord. No. 2187, § 4, 2009.)

2.89-3 Special tax.

(a)    There is imposed a special tax on each residential dwelling unit or nonresidential parcel within the city of South Pasadena for the purposes set forth in this article at the rate specified herein.

(b)    This tax is enacted under the authority of Article XIIIA, Section 4 of the California Constitution. (Ord. No. 2025, § 1; Ord. No. 2187, § 4, 2009; Ord. No. 2288, § 3, 2015.)

2.89-4 Purpose.

(a)    This special tax revenue shall be used by the city only to pay for:

(1)    Maintenance and operating costs of the library;

(2)    Costs of administrative expenses, including refunds.

(b)    The city may provide for the collection of the special tax in the same manner and subject to the same penalties as, or with, other charges and taxes fixed and collected by the city, or by the county of Los Angeles on behalf of the city. If the special tax is collected by the county on behalf of the city, the county may deduct its reasonable costs incurred in such service.

(c)    Any money raised by the special tax, including any interest accrued thereon, that remains unencumbered at the end of any fiscal year shall only be used in a succeeding fiscal year for the purposes stated in this article. The availability of a surplus for any succeeding year shall be considered by the city when levying the tax for that year, pursuant to Section 2.89-5. (Ord. No. 2025, § 1; Ord. No. 2187, § 4, 2009.)

2.89-5 Tax rate; contingency.

(a)    An annual special tax is levied on the categories of property in the jurisdiction of the city as shown in that certain Report of the Rate and Method of Apportionment, prepared by BSI Consultants, Inc., dated February 9, 1994, attached as Exhibit 1 to Ordinance No. 2025 and incorporated herein by reference as though fully set forth.

(1)    In Fiscal Year 2016–2017, the maximum rates for the special tax imposed by this article shall be those noted in Table A below:

Table A: Library Special Tax Rates for Fiscal Year 2016–2017

Type of Land Use

Size

Tax

Single-family residential; condominiums

Up to 2,000 square feet of buildable area

$32

Between 2,001 and 4,000 square feet of buildable area

$48

Larger than 4,000 square feet of buildable area

$64

Multi-family residential units

All

$16 per unit on a multi-family residential parcel

Non-residential parcels

Up to ¼ acre

$32

More than ¼ and up to ½ acre

$64

More than ½ and up to ¾ acre

$96

More than ¾ acre

$128

(2)    In fiscal year 2017–2018, and in each subsequent fiscal year, the maximum rates for the special tax imposed by this article shall increase according to the increase, if any, in the Consumer Price Index for All Urban Consumers (CPI-U, Los Angeles Area) prepared by the Bureau of Labor Statistics of the United States Department of Labor for the Los Angeles-Riverside-Orange County region, or any successor index thereto.

(b)    The annual special tax provided for herein shall not be levied in any fiscal year for which the city council shall not have initially budgeted and appropriated the required amount for the library to provide for all the elements of a foundation program of library services consistent with California Education Code Section 18015. The required amount has been calculated in the first year as follows:

(1)    In the first year in which the special tax is levied, an amount which, when added to the amount initially budgeted to be received from the special tax in such fiscal year, shall equal nine hundred eighty-two thousand dollars;

(2)    In the next and each succeeding fiscal year in which the special tax is levied in accordance with this article, an amount equal to the required amount for the prior fiscal year increased by the amount, if any, applying the consumer price index (CPI) prepared by the Bureau of Labor Statistics of the United States Government for all urban consumers for the Los Angeles-Anaheim-Riverside statistical area or any successor index, to reflect changes in such index during the twelve months which ended on July 1st preceding each such fiscal year.

(c)    In the event that the required amount finally appropriated in a fiscal year for maintenance and operating costs decreases for such fiscal year, then the annual special tax which may be levied in the immediately following fiscal year, if any, shall be decreased by the same percentage by which the amount finally so appropriated decreases in relation to the previous year’s required amount. In no event shall the amount of the tax rate to be levied under this article exceed the maximum amount established by this article without the approval of two-thirds vote of the electors of the city voting upon such change at a municipal election called for such purpose in accordance with applicable law. (Ord. No. 2025, § 1; Ord. No. 2187, § 4, 2009; Ord. No. 2288, § 2, 2015.)

2.89-6 Term.

The library special tax provided for herein may be levied annually until June 30, 2024. Such levy may only be extended with the approval of two-thirds of the electors of the city voting upon the extension at a municipal election. (Ord. No. 2025, § 1; Ord. No. 2065, § 1; Ord. No. 2133, § 1; Ord. No. 2187, § 4, 2009; Ord. No. 2196, § 1, 2009; Ord. No. 2288, § 1, 2015.)

2.89-7 Adjustments and refunds.

(a)    Requests for adjustments involving imposition of this special tax shall be filed with the director of finance. Upon applicant’s production of reasonably sufficient evidence of error in the computation of the tax or exemption therefrom, the director of finance or his/her designee shall cause the tax to be recalculated, and shall so advise the Los Angeles County tax collector or other appropriate official.

(b)    Whenever it is alleged that the amount of any tax has been overpaid or paid more than once or has been erroneously or illegally collected or received by the city under this article, the refund procedure shall be as follows:

(1)    No claim for refund of tax payment shall be allowed in whole or in part unless filed with the city clerk within a period of three years from the date of the claimed overpayment. All such claims for refund of the amount of the overpayment must be filed on forms furnished, and in the manner prescribed by the finance department of the city. Refunds may be made solely from the special tax revenues collected under this article.

(2)    In the event the director of finance denies the claim, he/she shall notify the claimant pursuant to California Government Code Section 913.

(c)    The director of finance shall have the power to settle claims involving the special tax, and the power to accept and record underpayments or overpayments of such tax. The finance director shall have the authority to make refunds of this tax.

(d)    If the county of Los Angeles does not collect any tax due under this article, then the finance director shall have the power and duty to enforce all of the provisions of this article. In such cases, an assessment may be made against the owner of a parcel in the manner provided by law. Any unpaid tax due under this article shall be subject to all remedies provided under the Municipal Code and as provided by law.

(e)    The special tax shall be due in two equal installments in accordance with the collection procedures of the Los Angeles County tax collector, with the first installment due November 1st and the second installment due in the next succeeding February 1st, in each fiscal year. The owner of land, at the time set forth in California Revenue and Taxation Code Section 405 and 2192 for each fiscal year, shall have a personal obligation to the city until the tax is paid for such fiscal year.

(f)    The finance director may prepare a questionnaire to be served on the owner of a parcel subject to this special tax. The questionnaire may request information which would be useful to the finance director in the enforcement or administration of this section. The failure by an owner to provide the information requested within thirty days of receipt of the request, or the act of an owner in knowingly providing false information, shall be a misdemeanor.

(g)    In determining the gross square footage of improvements, the finance director may use county assessor’s records, city records, questionnaires and any other records reasonably deemed reliable. (Ord. No. 2025, § 1; Ord. No. 2187, § 4, 2009.)

2.89-8 Amendments.

Procedural provisions of this article may be amended by ordinance duly enacted by the city council. (Ord. No. 2025, § 1; Ord. No. 2187, § 4, 2009.)

2.89-9 Severability.

If any section, subsection, part, clause, sentence or phrase of this article or the application thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, the validity of the remaining portions of this article, the application thereof, and the tax imposed shall not be affected thereby but shall remain in full force and effect, it being the intention of the city council and the voters to adopt each and every section, subsection, part, clause, sentence or phrase regardless of whether any other section, subsection, part, clause, sentence or phrase or the application thereof is held to be invalid or unconstitutional. (Ord. No. 2025, § 1; Ord. No. 2187, § 4, 2009.)

2.89-10 Effective date.

The ordinance enacting this article as a part of the South Pasadena Municipal Code and levying the special tax described herein shall be effective ten days after the date on which the city council has declared the voters of the city of South Pasadena have approved said ordinance by a vote of not less than two-thirds of the votes cast by the electors voting on the special tax proposal set forth in said ordinance. (Ord. No. 2025, § 1; Ord. No. 2187, § 4, 2009.)

ARTICLE VII. DISPOSITION OF UNCLAIMED PROPERTY

2.90 Delivery to chief of police.

It shall be and it is hereby declared to be the duty of every employee and officer of the city who shall find any lost money or other property in or upon any public grounds, highways, road, public building, place or property of the city, to deliver the same to the chief of police, together with a statement in writing stating fully the circumstances of the finding and the name and address of the owner or person believed to be the owner, if known. (Ord. No. 1466, § 1; Ord. No. 2187, § 5, 2009.)

2.91 Storage of personal property.

Such personal property shall be held by the police department for a period of at least six months unless claimed within a shorter period of time; with the exception of bicycles which shall be held at least three months unless claimed within a shorter period of time. (Ord. No. 1466, § 1; Ord. No. 2187, § 5, 2009.)

2.92 Claiming property.

If at any time prior to the sale or destruction thereof as hereinbefore provided, any such property is claimed by any person who establishes his right to the possession thereof to the satisfaction of the chief of police or his authorized deputy in charge of such property, such personal property shall be delivered to such person; provided, such person shall first pay to the police department the reasonable cost to the city of holding, protecting and returning such property. (Ord. No. 1466, § 1; Ord. No. 2187, § 5, 2009.)

2.93 Sale at public auction.

(a)    If any such property shall remain unclaimed and unrestored for at least six months (except bicycles, three months), such property shall be sold at public auction to the highest bidder at such time as the chief of police shall determine. Such auction shall be conducted by the chief of police or by any agent appointed by him for that purpose. Such property may be sold separately or in such lots as the auctioneer may determine. The purchaser at such auction sale shall take a clear title to the property purchased free of any equity of redemption. All funds derived by said auction shall be placed into the city’s general fund.

(b)    Whenever it is determined that property that otherwise would be subject to auction would better benefit the city or any of its departments by being placed into city service, the city manager or his designee shall so declare in a supplemental to the property report on file. Thereafter, such property shall be placed into city service.

(c)    Any bicycle or toys, or both, in the possession of the chief of police for a period of at least three months may, instead of being sold at public auction, be turned over to the county probation, the county welfare department or other charitable organization for use in any program or activity which the chief of police deems in accordance with his responsible discretion. (Ord. No. 1466, § 1; Ord. No. 1988, § 1; Ord. No. 2187, § 5, 2009.)

2.94 Notice of auction.

Notice of each such auction sale shall be given by the chief of police at least five days and not more than twenty days before the time fixed therefor by publication at least once in a newspaper of general circulation, printed, published and circulated in the city. (Ord. No. 1466, § 1; Ord. No. 2187, § 5, 2009.)

2.95 Destruction of property.

If any such property shall be so offered for sale at such public auction as herein provided, and shall not be sold, such property shall be destroyed by the chief of police. (Ord. No. 1466, § 1; Ord. No. 2187, § 5, 2009.)

ARTICLE VIII. RESERVE POLICE FORCE*

*    For the powers of reserve police officers see Pen. C. 830.6.

2.96 Creation.

There is hereby created a reserve police force for the city. (Ord. No. 1519, § 1; Ord. No. 2187, § 6, 2009.)

2.96-1 Members and appointment of members.

The police reserve force shall be a volunteer organization, not exceeding fifty members, specifically excluded from the civil service or personnel system of the city. Such members shall be appointed by the chief of police, provided however, no person shall be deemed a member until he has been registered as such on a roster kept by the chief of police and filed with the city manager. (Ord. No. 1519, § 1; Ord. No. 2187, § 6, 2009.)

2.96-2 Oath of office.

Each member shall take an oath that he will, to the best of his ability, observe, obey and carry out his duties under the Constitution of the United States, the State Constitutions, the statutes of this state, and the ordinances of this city. (Ord. No. 1519, § 1; Ord. No. 2187, § 6, 2009.)

2.96-3 Compensation.

The compensation, if any, of members shall be fixed by the city council by resolution. (Ord. No. 1519, § 1; Ord. No. 2187, § 6, 2009.)

2.96-4 Duties, training and control.

The duties of such members shall be to assist the regular members of the police department in the enforcement of the law and the maintenance of peace and order. The chief of police shall have control and supervision over, provide the necessary training for, and prescribe regulations for the conduct of, such members. (Ord. No. 1519, § 1; Ord. No. 2187, § 6, 2009.)

2.96-5 Identification, insignia or badge.

The chief of police shall prescribe and issue an identification card and insignia or badge to each member. Such identification card with insignia or badge shall be carried and worn by a member only while on duty. The chief may prescribe a uniform for such members, and if prescribed, such uniform and any peace-officer equipment shall be worn by a member only while on duty. (Ord. No. 1519, § 1; Ord. No. 2187, § 6, 2009.)

2.96-6 Removal, resignation, surrender of identification card and insignia or badge.

The chief of police may, with or without cause, terminate any member. Any member may resign at any time providing ten days’ written notice is tendered to the chief. Upon termination or resignation, a member shall forthwith surrender to the chief his identification card and insignia or badge. (Ord. No. 1519, § 1; Ord. No. 2187, § 6, 2009.)

2.96-7 Level I reserves—Powers and duties—Statutory authority.

By statute, the Legislature has provided that police reserves who are rated as Level I reserves may be empowered by local governmental bodies to have those full peace officer powers and duties as provided by Penal Code Section 830.1. (Ord. No. 1809, § 1; Ord. No. 2187, § 6, 2009.)

2.96-8 Level I reserves—Eligibility determination.

It is the intent of Sections 2.96-7, 2.96-8 and 2.96-9 of this article to provide that those police reserves who have qualified as Level I reserves pursuant to Penal Code Section 832.6(a)(1) or Penal Code Section 832.6(b) and, in addition, have completed a minimum of two years of field experience comprising a minimum of two hundred eighty working hours shall have those peace officer powers and duties as provided by Penal Code Section 830.1 in accordance with Penal Code Section 830.6(a)(2). (Ord. No. 1809, § 2; Ord. No. 2187, § 6, 2009.)

2.96-9 Level I reserves—Scope.

Sections 2.96-7, 2.96-8 and 2.96-9 of this article are intended to include those reserves who have been issued a Level I reserve officer certificate before January 1, 1981, as well as those persons receiving a Level I reserve officer certificate on or after January 1, 1981. (Ord. No. 1809, § 3; Ord. No. 2187, § 6, 2009.)

ARTICLE IX. ACCEPTANCE OF PENAL CODE REQUIREMENTS FOR PUBLIC SAFETY DISPATCHERS

2.96A-1 Acceptance of requirements.

(a)    The city declares that it desires to qualify to receive aid from the state of California under the provisions of Section 13522, Chapter 1, of Title 4, Part 4, of the California Penal Code.

(b)    Pursuant to Section 13510(c), Chapter 1, the South Pasadena police department will adhere to the standards for recruitment and training established by the California Commission on Peace Officer Standards and Training (POST).

(c)    Pursuant to Section 13512, Chapter 1, the Commission and its representatives may make such inquiries as deemed appropriate by the Commission to ascertain that the South Pasadena police department’s public safety dispatcher personnel adhere to the standards for selection and training established by the Commission on Peace Officer Standards and Training. (Ord. No. 1959, §§ 1—3; Ord. No. 2187, § 7, 2009.)

ARTICLE X. DIRECTOR OF FINANCE

2.99 Office established.

There is created and established the office of director of finance. (Ord. No. 1686, § 1, 1975; Ord. No. 2187, § 8, 2009.)

2.99-1 Appointment.

The director of finance shall be appointed by, and serve at the pleasure of, the city manager. (Ord. No. 1686, § 1, 1975; Ord. No. 2187, § 8, 2009.)

2.99-2 Powers and duties.

The director of finance shall be the head of the finance department of the city and shall have the power and shall be required, under the direction and control of the city manager, to:

(a)    Administer the financial affairs of the city; and

(b)    Compile the budget expense and income estimates; and

(c)    Maintain a general accounting system for the city government and each of its offices, departments and agencies; and

(d)    Supervise and be responsible for the disbursement of all moneys and have control of all expenditures to insure that budget appropriations are not exceeded; audit all purchase orders before issuance; audit and approve before payment all bills, invoices, payrolls, demands or charges against the city government and, with the advice of the city attorney, when necessary determine the regularity, legality and correctness of such claims, demands or charges; and

(e)    Submit to the city manager a monthly statement of all receipts and disbursements in sufficient detail to show the financial condition of the city; and, as of the end of each fiscal year, submit a complete financial statement and report; and

(f)    Supervise the keeping of current inventories of all property of the city by all city departments, offices and agencies; and

(g)    Perform, in the place and stead of the city clerk, the licensing functions imposed upon the city clerk; and

(h)    Perform such other duties as may be imposed upon him by law or by this Code. (Ord. No. 1686, § 1, 1975; Ord. No. 2187, § 8, 2009.)

2.99-3 Bond.

The director of finance shall execute such bond to the city as required by the city manager. (Ord. No. 1686, § 1, 1975; Ord. No. 2187, § 8, 2009.)

2.99-4 Transfer of fiscal duties.

The director of finance shall perform all of the financial and accounting duties imposed upon the city clerk by Chapter 2 of Part 3 of Division 3 of Title 4 of the Government Code of the state of California; and the city clerk is hereby relieved of said duties pursuant to Section 40805.5 of the Government Code. (Ord. No. 1686, § 1, 1975; Ord. No. 2187, § 8, 2009.)

2.99-5 Additional transfer of duties.

The director of finance shall perform all of the financial duties imposed upon the city clerk by Chapter 4 of Part 2 of Division 3 of Title 4 of the Government Code; and the city clerk is hereby relieved of such duties pursuant to Section 37209 of the Government Code of the state of California. (Ord. No. 1686, § 1, 1975; Ord. No. 1983, § 11; Ord. No. 2187, § 8, 2009.)

ARTICLE XI. PURCHASING

2.99-29 Purchasing system.

(1)    Purchasing System Adopted—Purpose. In order to establish efficient procedures for the purchase of supplies, nonprofessional services and equipment at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to clearly define authority for the purchasing function, and to assure the quality of purchases, a purchasing system is adopted.

(2)    Definition of Terms. The following terms, whenever used in these procedures, shall be construed as follows:

(a)    “Bidders’ List” means a current file of sources of supply of articles for each category of commodities repetitively purchased for city use.

(b)    “Department” means any department, commission or other unit of the city government, which derives its support wholly or in part from the city.

(c)    “Lowest responsible bidder” means in addition to price, the “lowest responsible bidder” will be determined after the following factors have been considered:

1.    The ability, capacity and skill of the bidder to perform the contract or provide the service required;

2.    Whether the bidder has the facilities to perform the contract or provide the service promptly, or within the time specified, without delay or interference;

3.    The character, integrity, reputation, judgment, experience and efficiency of the bidder;

4.    The bidders record of performance of previous contracts or services;

5.    The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service;

6.    The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;

7.    The quality, availability and adaptability of the supplies, equipment or service to the particular use required;

8.    The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;

9.    The number and scope of conditions attached to the bid.

(d)    “Open market” means and pertains to purchases or transactions that are executed without recourse to formalized purchasing procedure.

(e)    “Over the counter” means and pertains to purchases or transactions that are executed without recourse to competitive bidding and without a purchase order.

(f)    “Professional and contractual services” means services of engineers, architects, accountants, attorneys, doctors, and other persons or businesses with specialized scientific, expert, technical, or other skills of a similar nature.

(g)    “Purchases.” Purchases of supplies, equipment and personal property shall include leases or rentals as well as transactions by which the city acquires ownership.

(h)    “Purchase order” means a document which authorizes the delivery of specified merchandise or the rendering of certain service and the making of a charge for such merchandise or service.

(i)    “Requisition” means a written demand or request from the using department to the purchasing agent for specified article or service.

(j)    “Responsible bid” means an offer, submitted by a responsible bidder to furnish supplies, equipment or services in conformity with the specification, delivery terms and conditions and other requirements included in the invitation for bids.

(k)    “Responsible bidder” means a bidder who submits a responsible bid and who is not only financially responsible, but is possessed of the resources, judgment, skill, ability, capacity and integrity requisite and necessary to perform the contract according to its terms.

(l)    “Services” means any and all services including but not limited to the following: the repair or maintenance of equipment, machinery and other city-owned or operated property. The term does not include services rendered by city officers or employees, or professional and other contractual services which are in their nature unique and not subject to competition.

(m)    “Specification” means a formulated, definite and complete statement of what is required by the city of the vendor, in the way of composition, construction, utility, durability, efficiency, texture, shape, form or dimension.

(n)    “Supplies and equipment” means any and all articles or things which shall be furnished to or used by any Department, including all printing, binding, publications, stationery, forms, journals or reports.

(o)    “Using department” means the department that uses the supplies, equipment or services obtained pursuant to a particular requisition.

(3)    Purchasing Department Established. There is created a centralized purchasing department, in which is vested authority for the purchase of supplies, nonprofessional services and equipment.

(4)    Purchasing Agent Designated—Powers and Duties.

(a)    The director of finance is designated as purchasing agent. The director of finance may delegate the routine administrative responsibilities as specified in this section, or in any other applicable purchasing regulations, to another staff person. The purchasing agent shall be the head, and have general supervision of the purchasing department. The duties of the purchasing agent may be combined with those of any other office or position.

(b)    The purchasing agent shall:

1.    Negotiate purchase and contract for equipment, supplies (other than library books and periodicals), nonprofessional services or services not involving peculiar ability required by any office or department of the city in accordance with purchasing procedures prescribed by this section, and such other rules or regulations as shall be prescribed by the city council;

2.    Act to procure for the city the needed quality in equipment, supplies, nonprofessional services or services not involving peculiar ability, at least expense to the city;

3.    Discourage uniform bidding, and endeavor to obtain as full and open competition as possible on all purchases;

4.    Prepare and recommend to the city manager and city council rules governing the purchase of supplies, services and equipment for the city;

5.    Keep informed of current developments in the field of purchasing prices, market conditions and new products;

6.    Prescribe and maintain such forms as are reasonably necessary to the operation of this section and other rules and regulations;

7.    Recommend the transfer of surplus or unused supplies and 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.

(5)    Filing of Estimated Requirements. Each city department shall file detailed estimates of their requirements in supplies, services and equipment in such manner, at such time, and for such future periods as the purchasing agent shall prescribe.

(6)    Exemptions from Centralized Purchasing. The purchasing agent may, in writing and with the approval of the city manager, authorize any city department to purchase or contract for specified supplies, services and equipment independently of the purchasing department, but the purchasing agent shall require that such purchases or contract be made in conformity with the procedures established by this section, and shall further require periodic reports from the department on the purchases and contracts made under such written authorization.

(7)    Public Projects Exemptions. This section is expressly made inapplicable to bids for public projects, governed by the procedures in Public Contract Code Sections 20100 and 22000 et seq. Public works projects shall be awarded according the procedures of Article XIII, Awarding Public Works Contracts.

(8)    Local Vendor Purchasing Preference. Local preference is the practice of procurement from South Pasadena vendors because they are also local taxpayers. Purchases from South Pasadena vendors are strongly encouraged where competitive prices and quality exist. With all specifications and conditions equal except price, a preference will be given to in-city vendors equal to two percent of the quoted price when general fund monies are used for the acquisition. The rationale for local preference is that one percent of the sales tax on most acquisitions returns to the city general fund as revenue, effectively reducing the cost of acquisition.

(9)    Purchases Under Ten Thousand Dollars.

(a)    Purchase of supplies, equipment, non-professional services or services not involving a unique ability and not exceeding an estimated value of ten thousand dollars may be made by the department head in the open market, pursuant to the procedure prescribed in this ordinance; provided, however, all quotation may be dispensed with in an emergency, or where said goods and/or services can be obtained from only one source.

1.    Minimum Number of Quotations. Purchases under ten thousand dollars shall, whenever possible, be based on at least three informal quotations and shall be awarded to the vendor submitting the lowest responsible quotation. Reasonable effort will be made to inform local businesses of pending purchases, requests for proposals, and projects.

2.    Notice Inviting Quotations. The purchasing department shall solicit bids from prospective vendors by written request or by telephone.

3.    Written Quotations. Written quotations shall be submitted to the department head, who shall keep a record of all open-market orders and quotes for a period of one year after the submission of quotes or the placing of orders.

4.    Written Contracts. Where written contracts are entered into for purchases made under this section, the department head is authorized to execute such contracts on behalf of the city. Such purchases shall be made only by purchase order. A copy of the executed contract shall be maintained on file in the offices of the requesting department.

5.    Requisition Forms. Using departments shall submit standard purchase order requisition forms to the purchasing agent when requesting goods and services pursuant to this section.

(b)    Notwithstanding subsection (a) above, purchases of supplies, equipment, nonprofessional services or services not involving a unique ability and not exceeding an estimated value of five hundred dollars may be made over the counter by the department head without requirement for quotations or comparative pricing. Furthermore, such goods and services may be obtained without a purchase order.

(10)    Purchases Under Twenty-Five Thousand Dollars and Over Ten Thousand Dollars.

(a)    Open-market Procedure. Purchases of supplies, equipment, nonprofessional services or services not involving a unique ability and not exceeding an estimated value of twenty-five thousand dollars but exceeding ten thousand dollars may be made by the purchasing agent in the open market, pursuant to the procedure prescribed in this section; provided, however, all bidding may be dispensed with in an emergency, or where said goods and/or services can be obtained from only one source, or when the amount is less than ten thousand dollars.

1.    Minimum Number of Quotations. Open-market purchases shall, whenever possible, be based on at least three quotations and shall be awarded to the lowest responsible quotation.

2.    Notice Inviting Quotations. The purchasing agent shall solicit bids by written request to prospective vendors.

3.    Written Quotations. Written quotations shall be submitted to the purchasing agent, who shall keep a record of all open-market orders and quotes for a period of one year after the submission of quotes or the placing of orders.

4.    Written Contracts. Where written contracts are entered into for purchases made under this section, the purchasing agent is authorized to execute such contracts on behalf of the city. Such purchases shall be made only by purchase order. A master copy of the contract is to be on file in the offices of the requesting department upon execution of the contract.

(b)    The city manager may authorize purchase of supplies, equipment and services of a value greater than ten thousand dollars but less than twenty-five thousand dollars, without complying with the above procedures, when in the opinion of the city manager compliance with the procedure is not in the best interest of the city.

(c)    Requisition Forms. Using departments shall submit standard purchase order requisition forms to the purchasing agent when requesting goods and services pursuant to this section.

(11)    Formal Contract Procedure, Purchases Greater Than Twenty-Five Thousand Dollars. Except as otherwise provided herein, purchases of supplies (other than library books and periodicals), equipment and services of a value greater than twenty-five thousand dollars shall be completed with the lowest responsible bidder, pursuant to the procedure prescribed in this section. Written contracts may be required when in the judgment of the city manager the public interest is served thereby.

(a)    Notice Inviting Bids. Notice inviting bids shall include a general description of the articles to be purchased and shall state where bid blanks and specifications may be secured, and the time and place for opening bids.

1.    Published Notice. Notice inviting bids shall be published at least ten days before the date of opening of the bids. Notice shall be published at least once in a newspaper of general circulation, printed and published in the city.

2.    Bidders’ List. The purchasing agent shall also solicit sealed bids from responsible prospective suppliers whose names are on the bidders’ list.

(b)    Bidders’ Security. When deemed necessary by the purchasing agent, bidders’ security shall be required. Bidders shall be entitled to return of bid security upon execution of the contract or upon the readvertisement for bids; provided, that a successful bidder shall forfeit his bid security upon refusal or failure to execute the contract within ten days after the notice of award of contract has been mailed, unless the city is responsible for the delay. The city council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the city council awards the contract to the next lowest bidder, the bidder first awarded the contract shall forfeit only the portion of his security, which is equal to the difference between his bid and the bid of the next lowest responsible bidder. If the next lowest bidder is awarded the contract and he fails or refuses to execute the contract, he shall forfeit his entire bid security.

(c)    Bid Opening Procedure. Sealed bids shall be submitted to the purchasing agent, and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than thirty calendar days after the bid opening.

(d)    Rejection of Bids. At its discretion, the city council may reject any and all bids presented, and re-advertise for bids.

(e)    Award of Contracts. Contracts shall be awarded by the city council to the lowest responsible bidder except as otherwise provided herein. A master copy of the contract is to be on file in the city clerk’s department upon execution of the contract.

(f)    Award of Contracts by Purchasing Agent. The purchasing agent is authorized to award contracts to the lowest responsible bidder when the city council has budgeted funds for the item(s) and the amount of the award is not more than the budgeted amount. All contracts awarded pursuant to this section shall require issuance of a purchase order.

(g)    Tie Bids. If two or more bids received are for the same total amount or unit price, quality, service and delivery 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 bona fide offer by negotiation with the tie bidders at the time of the bid opening.

(h)    Performance Bonds. The purchasing agent shall have authority to require a performance bond before entering a contract, in such amount as it shall be found reasonably necessary to protect the best interests of the city. If the purchasing agent requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids.

(i)    Purchases of goods or services that can be obtained from only one source may be made by the purchasing agent without advertising and after approval by the city council.

(j)    The city council may authorize purchase of supplies, equipment and services of a value greater than twenty-five thousand dollars without complying with the above procedures when in the opinion of the council, compliance with the procedure is not in the best interest of the city.

(12)    Professional and Contractual Services. Contracts for services of specially trained and professional persons or businesses shall be exempt from bidding. If possible, quotes from three qualified vendors shall be obtained prior to the award of a contract. If the contract is equal to or below twenty-five thousand dollars, the contract shall require the approval of, and be executed by, the city manager. All contracts exceeding twenty-five thousand dollars must be approved by the city council.

(13)    Encumbrance of Funds. Except in cases of emergency, the purchasing agent shall not issue any purchase order for supplies, equipment, non-professional services or services not involving a unique ability for which there is an insufficient appropriation in the budgetary account against which said purchase is to be charged.

(14)    Inspection and Testing of Materials and Services. The purchasing agent may inspect supplies and equipment delivered, and determine their conformance with the specifications set forth in the order or contract. The purchasing agent shall have authority to require chemical and physical tests of samples submitted with bids, and samples of deliveries, which are necessary to determine their quality and conformance with specifications.

(15)    Surplus Supplies and Equipment. All using departments shall submit to the purchasing agent, at such times and in such forms as he shall prescribe, reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The using department, with the concurrence of the purchasing agent, shall have authority to sell all supplies and equipment which cannot be used by any department, or which have become unsuitable for city use, or to exchange the same for or trade the same in on new supplies and equipment. City manager approval is needed for sale of supplies and/or equipment when the total estimated value exceeds ten thousand dollars. The purchasing agent shall also have the authority to make transfers between departments of any usable surplus supplies or equipment.

(16)    Splitting Orders to Avoid Competitive Bidding Prohibited. It is unlawful to split or separate into smaller orders the purchase of supplies, materials, equipment or services for the purpose of evading the competitive bidding provisions of this section.

(17)    Equipment Leasing Agreements.

(a)    As used in this section:

1.    “Leasing of nonpurchasable equipment” means equipment which is available through “lease only” plans;

2.    “Leasing purchasable equipment” means equipment which can be acquired through “lease with option to purchase” type plans;

(b)    Equipment Leasing. Leasing of purchasable or nonpurchasable equipment shall be in accordance with subsections 7, 8, 9 and/or 10 of this section.

(18)    Maintenance Agreements.

(a)    As used in this section, “maintenance agreements” means agreements with maintenance service providers for the maintenance of city equipment in good operating condition subject to terms and conditions agreeable to both the provider and the city.

(b)    Maintenance agreements shall be signed or terminated before agreement expiration by the purchasing agent with prior approval of the department head responsible for the equipment.

(19)    Cooperative Purchasing Agreements with County or Other Agencies. Nothing contained in this section shall prohibit the voluntary participation by the city in any voluntary cooperative purchasing agreement(s) or programs entered into between the city and the state, county, and other municipalities situated within the boundaries of the county, and the purchasing agent is empowered and authorized to act under the provisions of this section, to procure for the city supplies and equipment in conjunction with such voluntary cooperative purchasing agreement(s) or programs as may be entered into by the city. All formal contract and bidding procedures to be followed in such cases shall be those specifically enumerated in the voluntary cooperative purchasing agreement or program.

(20)    Library Books and Periodicals. The city librarian may purchase library books, periodicals, audiovisual, CD-ROM, and electronic format materials in accordance with the budget approved by the city council.

(21)    Nothing contained in this section shall prohibit the city from purchasing supplies, services or equipment, without complying with the herein bidding procedure, from a supplier who offers the same or better price, terms and/or conditions as the supplier previously offered as the lowest responsible bidder under competitive procurement conducted by another city or public agency, provided that the competitive procurement process of the other agency meets or exceeds the standards of the city, is for like or greater quantities, includes all known bidders and that, in the opinion of the purchasing agent, it is in the best interest of the city. (Ord. No. 2048, § B; Ord. No. 2096, § 1; Ord. No. 2180, § 1, 2008; Ord. No. 2187, § 9, 2009; Ord. No. 2299, § 2, 2016.)

2.99-29A Purchase and sale of real property.

(a)    Prior to the purchase or sale of real property the city shall cause an appraisal of the property in question in order to establish a fair market value.

(b)    Any appraisal so prepared shall be prepared by a real estate appraiser whose sole business is to appraise real estate and by virtue of education and experience is qualified in real estate appraisal and is a member of any or all of the following:

1.    American Society of Appraisers;

2.    American Right-of-Way Association;

3.    Society of Real Estate Appraisers;

4.    American Institute of Appraisers.

(c)    The appraisal report shall establish the appraised value on the comparable sales and listings used in the Direct Sales Comparison Approach and/or the Income Costs Approaches to Value, and/or replacement costs of building and land to market value, whichever is higher. If an insufficient number of properties exist within the city limits the appraiser may use property outside of the city limits when in his opinion it is necessary to establish a fair market value.

(d)    The term “fair market value” means the highest price estimated in terms of money which a property will bring if exposed for sale in the open market allowing a reasonable time to find a purchaser who buys with the knowledge of all the uses it is adapted and for which it is capable of being used.

(e)    In the absence of state laws to the contrary, the city will purchase property at the appraised price. In the event the city is selling property, it will be sold to the highest bidder utilizing the appraised price as a base. Where appraisals between the buyer and seller differ, the city council has the option to negotiate a price which is most advantageous to the city. (Ord. No. 1877, §§ 2—6; Ord. No. 2187, § 9, 2009.)

2.99-29B Disposal of surplus real property.

(a)    Prior to disposal by public sale of real property which has been declared surplus by the city council, the city manager or his designee shall:

1.    Provide written notice to public agencies in the manner prescribed by Government Code Section 54220 et seq.; and

2.    Submit the proposed sale and disposition of the property to the planning commission for a determination of conformance to the general plan, pursuant to Government Code Section 65402.

(b)    For all surplus real property not purchased by a public agency pursuant to Government Code Section 54222:

1.    Surplus real property shall require city council approval for final agreement of the sale.

2.    Conveyance of surplus real property shall be made to the highest responsible bidder who most closely meets the terms and conditions of the notice inviting bids. The city council may set a minimum acceptable bid amount and may reject any and all bids presented.

3.    In cases where the city wishes the surplus property to be developed or used in a manner to support specified economic development, retail, industrial or housing goals and policies, the notice inviting bids shall require bidders to specify end uses for the property and the city may specify deadlines for the accomplishment of the end use. Preference shall be given to the bid with the highest monetary purchase price which most closely accomplishes the end use goals. As to all cases, the city and the purchaser shall enter into a purchase agreement approved by the city council.

4.    Unless otherwise specified in the notice to bidders, sale of surplus property shall be completed in an escrow of the city’s choice. All successful bids shall be incorporated into a sale and purchase agreement to be approved by the city council.

5.    The successful bidder shall close escrow as specified in the purchase agreement.

6.    All bidders’ deposits shall be retained until escrow closes. If the apparent purchaser fails to complete the transaction and to close escrow, then the city may enter into a purchase agreement with the next lowest monetary bidder who most closely meets the requirements of subsection (b)(3) of this section and retain the original apparent purchaser’s deposit.

7.    No city official, officer or employee shall bid or be financially interested in any bid for surplus real property sold in accordance with these procedures.

(c)    If the parcel, which has been declared surplus real property by the city council, is an uneconomic remnant such that it is not eligible for development under the current zoning, then the city manager may negotiate a fair market value sale price with the adjoining property owner without advertising the property for sale. Such a transaction shall require city council approval.

(d)    No area of the public right-of-way shall be sold or encumbered by a lease, easement, or otherwise converted to private use without first complying with the vacation of public right-of-way procedure set forth in Streets and Highways Code Sections 8300 through 8363. (Ord. 2311, § 1, 2017.)

ARTICLE XII. CANDIDATES FOR ELECTIVE OFFICES

2.99-30 Filing fee established.

Candidates for elective office at municipal elections shall pay a filing fee as established and amended by resolution of the city council. (Ord. No. 1862, § 1: Ord. No. 1888, § 27; Ord. No. 1983, § 13; Ord. No. 2187, § 10, 2009.)

2.99-31 Payment required when nomination papers filed.

The filing fee shall be paid to the city clerk by each candidate for an elective office at the time the candidate’s nomination paper is filed with the city clerk. (Ord. No. 1862, § 2: Ord. No. 1888, § 27; Ord. No. 2187, § 10, 2009.)

2.99-32 Deposit of fees into general fund.

The city clerk shall pay to the director of finance all fees received which shall be deposited in the general fund. (Ord. No. 1862, § 3: Ord. No. 1888, § 27; Ord. No. 2187, § 10, 2009.)

2.99-33 General municipal election.

Pursuant to Section 36503 of the California Government Code and Sections 1000 and 1301 of the California Elections Code, the general municipal elections of the city of South Pasadena, commencing with the 2017 election, shall be held on the first Tuesday after the first Monday in November of even-numbered years to coincide with statewide general elections. (Ord. No. 2177, § 4, 2008; Ord. No. 2187, § 10, 2009; Ord. No. 2301, § 2, 2016.)

ARTICLE XIII. AWARDING PUBLIC WORKS CONTRACTS

2.99-34 Purpose.

This article is intended to establish regulations to apply to all public contracts in a manner that is consistent with the requirements of the Uniform Public Construction Cost Accounting Act (Public Contract Code Section 22000 et seq.). (Ord. No. 2299, § 1, 2016.)

2.99-35 Public projects.

(a)    Except as provided in subsection (e) of this section, the city manager may cause public projects of $45,000 or less to be performed by employees of the city by force account, by negotiated contract, or by purchase order.

(b)    Except as provided in subsection (e) of this section, public projects of $175,000 or less may be let to contract by informal procedures as set forth in SPMC 2.99-37.

(c)    Except as provided in subsection (e) of this section and SPMC 2.99-37(e), public projects of more than $175,000 shall be let to contract by the formal bidding procedure outlined in SPMC 2.99-38 and 2.99-39.

(d)    The term “public project” shall have the definition set forth in Public Contract Code Section 22002.

(e)    The dollar limits set forth in subsections (a) and (b) of this section shall adjust without city council action as necessary to comply with any adjustment mandated by the State Controller pursuant to the authority granted by Public Contract Code Section 22020. (Ord. No. 2299, § 1, 2016.)

2.99-36 List of contractors.

A list of contractors shall be developed and maintained in accordance with Public Contract Code Section 22034(a) and any criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission (Commission). Such list will be maintained by the city manager. (Ord. No. 2299, § 1, 2016.)

2.99-37 Informal bidding procedure.

The following apply to informal bids for public projects:

(a)    Notice Inviting Informal Bids.

(1)    Required Noticing. When a public contract is to be bid pursuant to the procedures in this section, a notice inviting informal bids shall be mailed to all construction trade journals specified by the Commission in accordance with Public Contract Code Section 22036.

(2)    Optional Noticing. Notification may be also provided to the contractors on the list created pursuant to SPMC 2.99-36 for the category of work being bid, and to any additional contractors and/or construction trade journals.

(3)    Exception. If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.

(b)    Mailing Notices. All mailing of notices to contractors and construction trade journals pursuant to subsections (a)(1) and (3) of this section shall be completed not less than 10 calendar days before bids are due.

(c)    Description of Project. The notice inviting informal bids shall describe the project in general terms and how to obtain more detailed information about the project, and state the time and place for the submission of bids.

(d)    Authority to Award Contracts. The city manager is authorized to award a contract if the lowest bid received is $25,000 or less. Contracts valued at more than $25,000 can only be awarded by the city council.

(e)    Bids Exceeding $175,000. If all bids received pursuant to the informal process are in excess of $175,000, the city council may adopt a resolution by a four-fifths vote to award the contract at $187,500 or less to the lowest responsible bidder, if it determines the city’s cost estimate was reasonable. Otherwise, the project shall be rebid pursuant to SPMC 2.99-38 and awarded pursuant to SPMC 2.99-38 and 2.99-39.

(f)    Award of Contract. The contract shall be awarded to the lowest responsible bidder. (Ord. No. 2299, § 1, 2016.)

2.99-38 Notice inviting formal bids.

The following rules apply to notices for bids for public projects pursuant to the formal bidding process:

(a)    Contents of Notice. Notice inviting formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project.

(b)    Publication of Notice. The notice shall be published at least 14 calendar days before the date of opening the bids in a newspaper of general circulation, printed and published in the city, or otherwise comply with the requirements of Public Contract Code Section 22037.

(c)    Electronic Transmission of Notice. The notice inviting formal bids shall also be sent electronically, if available, by either facsimile or electronic mail and mailed to all construction trade journals specified in accordance with Public Contract Code Section 22036. The notice shall be sent at least 15 calendar days before the date of opening the bids. The city may provide additional notice. (Ord. No. 2299, § 1, 2016.)

2.99-39 Awarding formal bids.

The following rules apply to awarding formal bids for public projects:

(a)    Rejecting Formal Bids. In its discretion, the city council may reject any bids presented, if the city, prior to rejecting all bids and declaring that the project can be more economically performed by employees of the city, furnishes a written notice to an apparent low bidder. The notice shall inform the bidder of the city’s intention to reject the bid and shall be mailed at least two business days prior to the hearing at which the city intends to reject the bid. If after the first invitation of bids all bids are rejected, after reevaluating its cost estimates of the project, the city shall have the option of either of the following:

(1)    Abandoning the project or readvertising for bids in the manner described by this chapter.

(2)    By passage of a resolution by a four-fifths vote of the city council declaring that the project can be performed more economically by city employees, may have the project done by force account without further complying with this article.

(b)    Lowest Bidder. If a contract is awarded, it shall be awarded to the lowest responsible bidder. If two or more bids are the same and the lowest, the city may accept the one it chooses.

(c)    No Bids. If no bids are received through the formal or informal procedure, the project may be performed by the employees of the city by force account or negotiated contract without further complying with this article. (Ord. No. 2299, § 1, 2016.)

2.99-40 Emergencies.

(a)    In cases of emergency when repair or replacements are necessary, the city council may proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts. The work may be done by day labor under the direction of the city council, by contractor, or by a combination of the two. The city council’s authority under this section may be exercised by the city manager during an emergency declared pursuant to SPMC 11.6.

(b)    In case of an emergency, if notice for bids to let contracts will not be given, the city shall comply with Chapter 2.5 of Part 3 of Division 2 of the Public Contract Code (commencing with Section 22050). (Ord. No. 2299, § 1, 2016.)

ARTICLE XIV. CAMPAIGN CONTRIBUTION REGULATIONS

2.99-41 Purpose and intent.

(a)    It is the purpose and intent of this chapter:

(1)    To promote integrity, honesty, fairness, and transparency in municipal election campaigns.

(2)    To prevent corruption, or the appearance of corruption, which results from the real or imagined influence of large contributions on the conduct or actions of candidates elected to office.

(3)    To ensure a level of discussion of public issues adequate for a viable campaign by providing voters with the information necessary to make an assessment of each candidate before voting.

(4)    To place realistic and enforceable limits on the amounts persons may contribute in municipal election campaigns.

(5)    To provide full and fair enforcement of all the provisions of this chapter.

(b)    By enacting this chapter, the city council does not intend to deprive or restrict any person of the exercise of rights guaranteed under the United States Constitution or the California Constitution.

(c)    The city council takes specific notice of the findings and declarations made in the Political Reform Act and finds and declares them applicable to South Pasadena and a basis for enacting this chapter. (Ord. No. 2317, § 1, 2017.)

2.99-42 Definitions.

For the purpose of this chapter, certain words and phrases are defined, and the definitions set forth as follows shall apply to the provisions of this chapter unless it is apparent from the context that a different meaning is necessarily intended.

(a)    “City” means city of South Pasadena, a California municipal corporation.

(b)    “City candidate” means any person who is a candidate for an elected city office or who is an elected city official and who is the subject of a recall election.

(c)    “City official” includes: (1) any elected or appointed city officeholder, including any city officeholder elected but not yet sworn in; and (2) any “public official” of the city as the term “public official” is defined under Government Code Section 82048.

(d)    “Campaign committee” means any person or combination of persons formed for the purpose of promoting or opposing the election or reelection of a person to city elected office who directly or indirectly, (1) receives contributions, or (2) makes independent expenditures or (3) makes contributions at the behest of any city candidate. A campaign committee includes any “controlled committee” within the meaning of Government Code Section 82016, any “general purpose committee” within the meaning of Government Code Section 82027.5, any “primarily formed committee” within the meaning of Government Code Section 82047.5, any “sponsored committee” within the meaning of Government Code Section 82048.7, or political action committee.

(e)    “Contribution” shall have the same meaning as set forth under Government Code Section 82015.

(f)    “Excessive contribution” means any contribution accepted in violation of SPMC 2.99-43 or which would cause the total amount of contributions from a single donor to exceed the contribution limitations set forth in this chapter.

(g)    “Gift” shall have the same meaning as set forth under Government Code Section 82028.

(h)    “Loan” means the temporary transfer of money or goods for the personal use of an individual with the exception that the money or goods will be returned.

(i)    “Person” means any natural person; any corporation of any variety; any limited liability company; any partnership of any variety; any sole proprietorship; any joint venture or like commercial venture or partnership; any trust; any independent contractor; or any organization or association of persons of any variety and formed for any purpose, including, but not limited to, any collective bargaining group or labor association. (Ord. No. 2317, § 1, 2017.)

2.99-43 Campaign contribution limitations.

(a)    No city candidate, or his or her campaign committee, shall solicit or accept any contribution from any person which would cause the total amount contributed by such person, with respect to any single election, when combined, to exceed the sum of $1,000.

(b)    The provisions of subsection (a) of this section shall not apply to contributions from a city candidate or from his or her immediate family to any campaign committee connected with that city candidate, nor to the expenditure, by the city candidate, of his or her personal funds. For purposes of this section, “immediate family” means a candidate’s spouse or domestic partner, and/or dependent children. (Ord. No. 2317, § 1, 2017.)

2.99-44 Return of excessive contributions.

The city candidate, or his or her campaign committee, in receipt of any excessive contribution shall, within 72 hours of receipt thereof, return any such excessive contribution to the donor. In the event an excessive contribution is received and reported in the campaign statement, the recipient shall, within 72 hours of notification by the city clerk, return such excessive contribution to the donor; if such excessive contribution is not returned within 72 hours, the recipient shall, within five calendar days, transmit to the city clerk for deposit in the city treasury a sum equal to such excess. (Ord. No. 2317, § 1, 2017.)

2.99-45 City clerk responsibilities.

In addition to other duties required by law, the city clerk shall:

(a)    Furnish a copy of this chapter to all qualified city candidates during the nomination period for city office.

(b)    Determine whether required statements and declarations have been filed timely and, if so, whether they conform on their face with the requirements of this chapter.

(c)    Promptly notify city candidates, or his or her campaign committee, of any errors in their statements or of failure to file.

(d)    Report, in writing, apparent violations of this chapter to the city attorney. (Ord. No. 2317, § 1, 2017.)

2.99-46 Criminal misdemeanor actions.

(a)    The city attorney, or the designated and appointed legal representative for the city, shall investigate and where deemed appropriate prosecute any violation of this chapter.

(b)    Any person who violates any provision of this chapter is guilty of a misdemeanor. Any person who causes any other person to violate any provision of this chapter, or who aids and abets any other person in the violation of any provisions of this chapter, shall be liable under the provisions of this section. (Ord. No. 2317, § 1, 2017.)

2.99-47 Civil actions.

(a)    Any person who intentionally or negligently violates any provision of this chapter shall be liable in a civil action brought by the city attorney or by a person residing within the city for an amount not more than three times the amount of the unlawful contribution.

(b)    If two or more persons are responsible for any violation, they shall be jointly and severally liable.

(c)    No civil action alleging a violation of any provision of this chapter shall be filed more than one year after the date the violation occurred. (Ord. No. 2317, § 1, 2017.)

2.99-48 Injunctive relief.

The city attorney or any person residing in the city may sue for injunctive relief to enjoin violations or to compel compliance with the provisions of this chapter. (Ord. No. 2317, § 1, 2017.)

2.99-49 Cost of litigation.

The court may award to a plaintiff or defendant who prevails in any action authorized by this chapter his or her costs of litigation, including reasonable attorneys’ fees; provided, however, no costs of litigation or attorneys’ fees shall be awarded against the city. (Ord. No. 2317, § 1, 2017.)

2.99-50 Construction of provisions.

This chapter shall be in addition to all other city and state laws applicable to municipal elections. Unless the contrary is stated or clearly appears from the context, the definitions and terms set forth in the Government Code shall govern the interpretations of terms used in this chapter. This chapter shall be construed liberally in order to effectuate its purpose. (Ord. No. 2317, § 1, 2017.)

ARTICLE XV. BY-DISTRICT ELECTORAL SYSTEM

2.99-51 By-district electoral system.

(a)    The city council declares that the change in method of electing members of this city council hereby enacted is being made in furtherance of the CVRA of 2001.

(b)    Beginning with the municipal election in November 2018, members of the city council shall be elected in the electoral districts established by subsection (c) of this section and subsequently reapportioned as provided by state law. Elections shall take place by district as that term is defined in California Government Code Section 34871, meaning one member of the city council shall be elected from each district, by the voters of the district alone. Each member of the city council shall serve a four-year term.

(c)    Members of the city council shall be elected on a by-district basis from the five city council districts hereby established. The boundaries and identifying number of each district shall be as described on the city council district map attached to the ordinance codified in this section as “Exhibit A” and incorporated by reference.

(d)    Commencing with the general municipal election in November 2018 and thereafter, the voters in districts 4 and 5 shall elect members of the city council by district for full four-year terms. At the general municipal election in November 2020 and thereafter, the voters in districts 1, 2, and 3 shall elect members of the city council by district for full four-year terms.

(e)    Each member of the city council elected to represent a district must reside in that district and be a registered voter in that district, and any candidate for city council must reside in, and be a registered voter in, the district in which he or she seeks election at the time nomination papers are issued pursuant to Government Code Section 34882 and Elections Code Section 10227. It is the intent of the city council that no term of any member of the city council that commenced prior to the effective date of the ordinance codified in this section shall be affected by this article.

(f)    Registered voters signing nomination papers or voting for a member of the city council shall be residents of the geographical area making up the district from which the candidate is to be elected.

(g)    Termination of residency in a district by a city councilmember shall create an immediate vacancy for that city council district unless the city councilmember immediately declares and establishes another residence within the district within 30 days.

(h)    If necessary to facilitate the implementation of this article, the city clerk is authorized to make technical adjustments to the district boundaries that do not substantively affect the populations in the districts, the eligibility of candidates, or the residence of elected officials within any district. The city clerk shall consult with the city manager and city attorney concerning any technical adjustments deemed necessary and shall advise the city council of any such adjustments required in the implementation of the districts. (Ord. No. 2318, § 1, 2017.)


1

Code reviser’s note: Ord. 2315 adds this section as 2.69. It has been editorially renumbered to prevent duplication of numbering.


2

Ordinance 2294 added SPMC 2.69 through 2.72 as Article IVL. Article IVL has been changed to Article IVI to maintain numbering.


3

Code reviser’s note: Ord. 2326 adds these provisions as SPMC 2.79-1 through 2.79-5. The sections have been editorially renumbered to avoid duplication of numbering.