Title 2
ADMINISTRATION AND PERSONNEL
Chapters:
2.04 City Manager
2.05 City Clerk
2.06 Finance Director
2.08 City Officers and Employees
2.12 Personnel System
2.16 Commissions
2.20 Parks, Beaches and Recreation Commission
2.24 Planning Commission
2.28 Disaster Council
2.32 Redevelopment Agency
2.36 City Officers' Bonds
2.38 General Municipal Elections
2.44 Public Meetings
2.48 City Holidays
Chapter 2.04
CITY MANAGER
Sections:
2.04.010 Office of city manager established.
2.04.020 Redesignation.
2.04.030 Appointment of city manager.
2.04.040 Residence requirement and eligibility.
2.04.050 Surety bond requirement.
2.04.060 Appointment of city manager pro tempore.
2.04.070 Compensation and employment.
2.04.080 Powers and duties.
2.04.090 Duties of others.
2.04.100 Tenure.
2.04.010 Office of city manager established.
Pursuant to section 34851 of the government code of the state, and other laws applicable, the council establishes a city manager form of government and creates the office of city manager.
(Ord. 325 § 2(part), 1987).
2.04.020 Redesignation.
Any reference in the municipal code of the city of brisbane to "city manager-clerk" shall, unless otherwise specifically stated, mean "city manager."
(Ord. 325 § 2(part), 1987).
2.04.030 Appointment of city manager.
The city manager shall be appointed by the city council solely on the basis of his or her executive and administrative qualifications and ability.
(Ord. 325 § 2(part), 1987).
2.04.040 Residence requirement and eligibility.
The city manager may (but need not) be a resident of the city. if he or she is not a resident, he or she shall reside within a reasonable distance, to be specified by the city council, sufficient to enable him or her to respond to after-hour emergencies. no person elected as a councilmember of the city shall, subsequent to such election, be eligible for appointment as city manager until two (2) years have elapsed after such councilmember shall have ceased to be a member of the city council.
(Ord. 325 § 2(part), 1987).
2.04.050 Surety bond requirement.
The 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, which shall be conditioned upon the faithful performance of the duties imposed upon the city manager as prescribed in this chapter. Any premium for such bonds shall be a proper charge against the city.
(Ord. 325 § 2(part), 1987).
2.04.060 Appointment of city manager pro tempore.
In case of the absence or disability of the city manager, the city council may designate some duly qualified person to perform the duties of the city manager during the period of absence or disability of such city manager, subject, however, to said persons furnishing a corporate surety bond conditioned upon faithful performance of the duties required to be performed as set forth in this chapter.
(Ord. 325 § 2(part), 1987).
2.04.070 Compensation and employment.
The city manager shall receive such compensation and expense allowances as the city council shall from time to time determine and either embody in an employment agreement or fix by resolution or motion. The city manager shall report to the city council, on a timely basis, the use of vacation and leave time. The city council may delegate its functions in this regard, and in regard to the employee benefits of the city manager, to a responsible officer of the city, such as the finance director. The city council may elect to cause the city to enter into an employment agreement with the city manager concerning any of the foregoing matters and such other matters concerning his or her employment by the city as are not inconsistent with the provisions of this chapter. Such employment agreement may legally bind the city with respect to such matters. The city council shall furnish the city manager with an annual evaluation of his or her performance.
(Ord. 325 § 2(part), 1987).
2.04.080 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 chapter. He or she shall be responsible for the efficient administration of all the affairs of the city which are under his or her control. In addition to his or her general powers as administrative head, and not as a limitation thereon, he or she shall have the duties and the powers set forth in the following subsection, in each instance under the direction and control of the city council and through and in cooperation with the appropriate department head:
A. To see that all laws and ordinances of the city are duly enforced and that all franchises, permits and privileges granted by the city are faithfully observed;
B. To control, order and give directions to all heads of departments, except the city attorney's office, and to subordinate officers and employees of the city through their department head; transfer employees from one department to another; consolidate or combine offices, positions or units within a single department which is under his or her direction; and, with the advice and prior consent of the city council, to consolidate or combine offices, positions or units which are in different departments;
C. To appoint, remove, promote and demote, and to represent the city council in any negotiations with, any and all officers and employees of the city, except the city attorney. The appointment of any department head shall not be made without the advice and prior consent of the city council, and any removal, promotion, demotion or annual or similar evaluation of a department head shall be after prior consultation with the city council;
D. To represent the city in its negotiations and working relationships with the state, the county and other governmental jurisdictions; provided, that any contracts negotiated for the exchange of services from any such other government jurisdiction shall be subject to approval by the city council;
E. To attend all meetings of the city council of the city unless excused therefrom by the council;
F. To recommend to the city council for adoption such measures or ordinances as he or she deems necessary or expedient;
G. To keep the city council at all times fully advised as to the financial condition and needs of the city;
H. To prepare and submit the proposed annual budget and the proposed annual salary plan to the city council for its approval;
I. To support all supplies for all of the departments or divisions of the city. No expenditure shall be submitted or recommended to the city council except on report of the approval of the city manager;
J. To make investigations into the affairs of the city or any department or division thereof and any contract for the proper performance thereof;
K. 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, and to see that all franchises, permits and privileges granted by the city are faithfully performed and observed;
L. To 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;
M. To devote full time to the duties of his or her office and the interests of the city;
N. To perform such other duties and exercise such other powers as may be delegated to him or her from time to time by ordinance or resolution or other action of the city council;
O. To attend any and all meetings of any commissions or boards created by the city council upon his or her own volition or upon direction of the city council. At any such meetings at which he or she attends, the city manager shall be heard by such commissions or boards as to all matters upon which he or she wishes to address them.
(Ord. 325 § 2(part), 1987).
2.04.090 Duties of others.
A. Subject to the provisions of this chapter, 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 to the subordinates of the city manager, except in the event of an emergency endangering life or property.
B. It shall be the duty of all subordinate officers, and of the city attorney, to cooperate with and assist the city manager in administering the affairs of the city most efficiently, economically and harmoniously, so far as may be consistent with their duties as prescribed by the laws and ordinances of the city.
C. Upon appointment of the city manager, the terms of subordinate officers over whom he or she has power of appointment and removal cease unless they are reappointed by him or her. All powers heretofore vested in any other officer or employee of the city, except the city attorney, by ordinance, resolution or other action of the council which are by this chapter vested in the city manager, shall be deemed to be transferred to the city manager as though all such ordinances, resolutions or other actions had been specifically amended.
(Ord. 325 § 2(part), 1987).
2.04.100 Tenure.
The city manager shall hold office at and during the pleasure of the city council. Subject to the terms of any employment agreement between the city council and the city manager, his or her employment may be terminated by the city council at any time, with or without cause, and without notice except as may otherwise be required by law. Removal of the city manager shall be only by a vote of at least three (3) members of the city council at a regular meeting of the council or, if at an adjourned regular or special meeting of the council, only if notice thereof has been given to each member of the city council and, to the extent permitted by law, in any public notice of the adjourned or special meeting. However, the vote of four (4) members of the council shall be required to remove a city manager within sixty (60) days after his or her appointment or within sixty (60) days after any election at which one or more members are elected to the city council.
(Ord. 325 § 2(part), 1987).
Chapter 2.05 Sections:
2.05.010 Office of city clerk established.
2.05.020 Appointment of city clerk.
2.05.030 Compensation.
2.05.040 Duties.
2.05.050 Deputy city clerk.
2.05.010 Office of city clerk established.
Pursuant to Section 36501 of the Government Code of the State of California and other applicable laws, the city council establishes the office of city clerk.
(Ord. 325 § 3(part), 1987).
2.05.020 Appointment of city clerk.
The city clerk shall be appointed by the city manager. The city clerk shall hold office at the pleasure of the city manager.
(Ord. 325 § 3(part), 1987).
2.05.030 Compensation.
The city clerk shall receive such compensation and expense allowances as the city council shall from time to time determine.
(Ord. 325 § 3(part), 1987).
2.05.040 Duties.
The city clerk shall be clerk of the council and keep an accurate record of all ordinances, resolutions and motions, shall have custody of the official seal and all official records committed to his or her care, shall make affidavits and administer oaths without charge in matters affecting the business of the city, shall conduct elections, and shall perform the duties of a city clerk as provided by the general law of the state.
(Ord. 325 § 3(part), 1987).
2.05.050 Deputy city clerk.
The city clerk, at the discretion of the city manager, may appoint one or more deputies, for whose acts he or she and his or her bondsmen are responsible. The deputy or deputies shall hold office at the pleasure of the city clerk and receive such compensation as is provided by the legislative body.
(Ord. 325 § 3(part), 1987).
Chapter 2.06 Sections:
2.06.010 Creation of office-Appointment.
2.06.020 Duties and responsibilities.
2.06.030 Transfer of financial and accounting duties of city clerk.
2.06.040 Compensation.
2.06.050 Bond.
2.06.060 Designation of temporary finance director.
2.06.010 Creation of office-Appointment.
The office of finance director is created and established pursuant to Sections 40805.5 and 37209 of the Government Code. The finance director shall be appointed by the city manager and shall serve at the pleasure of the city manager.
(Ord. 435 § 1(part), 1999).
2.06.020 Duties and responsibilities.
The finance director shall be the head of the finance department and shall have the power and be vested and charged with the following duties and responsibilities:
A. Function as the city treasurer and cooperate with other officials of the city in establishing and maintaining sufficient and satisfactory procedures and controls over revenues and expenditures of all departments, divisions and services of the city, in accordance with current municipal accounting practice;
B. Supervise and manage the functions of the city's finance department, including recommendation for appointment of such subordinate employees as may be necessary for operation of such department;
C. Maintain and operate the general accounting system of the city and of each of the respective departments, divisions and services thereof. The finance director shall prescribe the accounting and bookkeeping procedure that may at any time be established or be in operation in any department;
D. Maintain, or prescribe and require the maintaining of inventory records of city properties necessary to comply with current municipal accounting practices;
E. Assume, maintain and perform all functions and duties relating to the administration and collection of taxes, assessments, fees and other charges levied by or payable to the city;
F. Assume and perform the duties relating to preparing, auditing, presenting and disbursing claims, warrants and demands against the city, including payrolls;
G. Assist in the purchase of all services, supplies, goods, merchandise, equipment and materials required by the city;
H. Assist in the preparation of the annual budget and in the administration thereof as the city manager may direct;
I. Prepare or cause to be prepared and present to the city council in sufficient detail to show the exact financial condition of the city, the following reports:
1. A monthly statement of all receipts, disbursements and balances of the city,
2. An annual statement or report on the financial condition of the city,
3. Such other financial reports as the city council or the city manager may request;
J. Perform such other additional duties and functions as may be imposed upon the finance director by law or by the direction of the city council or the city manager.
(Ord. 435 § 1(part), 1999).
2.06.030 Transfer of financial and accounting duties of city clerk.
Pursuant to Sections 40805.5 and 37209 of the Government Code, the duties imposed upon the city clerk under Sections 37201 through 37209 of the Government Code, and the financial and accounting duties imposed upon the city clerk under Sections 40802 through 40805 of the Government Code are transferred to the finance director.
(Ord. 435 § 1(part), 1999).
2.06.040 Compensation. The finance director shall receive such compensation as the city council shall from time to time determine and fix by budget or resolution, and the compensation shall be a proper charge against such funds of the city as the city council may designate.
(Ord. 435 § 1(part), 1999).
2.06.050 Bond.
The finance director shall furnish to the city a corporate surety bond to be approved by the city attorney and paid for by the city, in the sum of five hundred thousand dollars ($500,000.00) and shall be conditioned upon the faithful performance of the duties imposed on the finance director as prescribed by this chapter. The bond fee shall be a proper charge against such funds as the city council shall designate.
(Ord. 435 § 1(part), 1999).
2.06.060 Designation of temporary finance director.
Should the finance director be absent or disabled, the city manager shall designate a temporary acting finance director.
(Ord. 435 § 1(part), 1999).
Chapter 2.08 Sections:
2.08.010 Transfer of duties of city assessor and tax collector.
2.08.020 Recruitment and training of peace officers.
2.08.010 Transfer of duties of city assessor and tax collector.
A. The city council elects to proceed under Title 5, Division 1, Part 2, Chapter 2, Article I (Sections 51500 through 51519) of the Government Code of the state, and transfers the assessment and tax collection duties of the city assessor and tax collector to the assessor and tax collector of the county.
(Ord. 10 § 1, 1961).
2.08.020 Recruitment and training of peace officers.
A. The city council declares that it desires to qualify to receive aid from the state under the provisions of Chapter 1, Title 4, Part 4 of the California Penal Code.
B. Pursuant to Section 13522 of said Chapter 1, the city council, while receiving aid from the state pursuant to said Chapter 1, will adhere to the standards for recruitment and training established by the California Commission on Peace Officer Standards and Training.
(Ord. 35 § 1, 1962).
Chapter 2.12 Sections:
2.12.010 Adoption of personnel system. 2.12.020 Personnel officer. 2.12.030 City council.
2.12.040 Classified service.
2.12.050 Adoption and amendment of rules. 2.12.060 Appointments. 2.12.070 Probationary period.
2.12.080 Applicability of rules to certain exempt positions.
2.12.090 Disciplinary actions.
2.12.100 Right of appeal.
2.12.110 Abolition of position.
2.12.120 Political activity.
2.12.130 Fair employment.
2.12.010 Adoption of personnel system.
In order to establish an equitable and uniform procedure for dealing with personnel matters; to attract to municipal service the best and most competent persons available; to assure that appointments and promotions of employees will be based on merit and fitness; and to provide a reasonable degree of security for qualified employees, the personnel system set forth in this chapter is adopted.
(Ord. 277 § l(part), 1981: Ord. 136 § 1, 1968).
2.12.020 Personnel officer.
The city manager shall be the personnel officer. The city manager may delegate any of the powers and duties conferred upon him as personnel officer under this chapter to any other officer or employee of the city or may recommend that such powers and duties be performed under contract. The personnel officer shall:
A. Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the city council;
B. Prepare and recommend to the city council personnel rules, and revisions and amendments to such rules; the city attorney shall approve the legality of such rules and amendments prior to their submission to the city council;
C. Prepare a position classification plan, including class specifications, and revisions of the plan; the plan, and any revisions thereof, shall become effective upon approval by the city council;
D. Prepare a plan of compensation, and revisions thereof, covering all classifications in the classified service; the plan, and any revisions thereof, shall become effective upon approval by the city council;
E. Provide for the publishing or posting of notices of tests for positions in the classified service; the receiving of applications therefor; the conducting and grading of tests; the certification to the appointing authority of a list of all persons eligible for appointment to the appropriate position in the classified service.
(Ord. 277 § l(part), 1981: Ord. 136 § 2, 1968).
2.12.030 City council.
The functions of the city council shall be as provided by this chapter and the personnel rules.
(Ord. 277 § l(part), 1981: Ord. 136 § 3, 1968).
2.12.040 Classified service.
The provisions of this chapter shall apply to all offices, positions and employments in the service of the city, except:
A. The city manager and city attorney;
B. All elected officials and members of appointive boards, commissions and committees;
C. All department heads;
D. All temporary personnel whether employed directly by the city or retained under contract for services;
E. Volunteer personnel;
F. All permanent part-time positions funded for less than one thousand forty (1040) hours in a fiscal year.
All personnel excluded from the classified service as provided above shall comprise the exempt service.
(Ord. 277 § l(part), 1981: Ord. 136 § 4, 1968).
2.12.050 Adoption and amendment of rules.
Personnel rules shall be adopted by resolution of the city council after notice of such action has been publicly posted at least five (5) days prior to city council consideration. At the time of consideration, interested parties may appear and be heard. The rules shall establish regulations governing the personnel system including:
A. Preparation and administration of a position classification plan covering all positions in the classified service, including employment standards and qualifications for each class;
B. Preparation and administration of a plan of compensation relating to the position classification plan, providing a rate or range of pay for each class;
C. Public announcement of all tests and acceptance of applications for employment;
D. Preparation and conduct of tests and the establishment and use of resulting employment lists containing names of persons eligible for appointment;
E. Certification and appointment of persons from employment lists, and the making of provisional and emergency appointments;
F. Evaluation of employees during the probationary period;
G. Transfer, promotion, demotion, reinstatement, disciplinary action and layoff of employees in the classified service;
H. Separation of employees from the city service;
I. Hours of work, attendance and leave regulations, working conditions and the development of employee morale, welfare, and training;
J. The establishment of adequate personnel records;
K. The establishment of grievance and appeal procedures.
(Ord. 277 § l(part), 1981: Ord. 136 § 5, 1968).
2.12.060 Appointments.
A. Appointments to vacant positions in the classified service shall be made in accordance with the personnel rules. Appointments and promotions shall be based on merit and fitness to be ascertained as far as practicable by competitive examination. Examinations shall be used and conducted to aid in the selection of qualified employees and shall consist of selection techniques which will test fairly the qualifications of candidates. These selection techniques may include achievement and aptitude tests, written tests, personal interviews, performance tests, physical agility tests, medical examinations, evaluation of daily work performance, work samples or any combinations of these or other tests.
B. Appointments shall be made by the personnel officer or by the officer in whom the power to make appointments is vested.
C. When appointment is to be made to a position in the classified service, the personnel officer shall transmit to the appointing authority the names of all persons on the appropriate employment list.
D. The personnel officer may authorize temporary appointments to meet short-term employment needs such as periods of peak workloads, illness or pending the establishment of a new eligible list.
E. Such appointments may be made from an appropriate employment list or from among other qualified persons where there is no active list or where there are insufficient eligibles directly available for appointment.
F. Unless extended by the personnel officer, temporary appointments shall not be employed for more than one thousand forty (1040) hours in a fiscal year.
G. Temporary employees shall not be covered by the personnel rules nor shall the period of temporary appointment constitute satisfactory completion of any part of a probationary period for any class in the classified service.
(Ord. 277 § l(part), 1981: Ord. 136 § 6, 1968).
2.12.070 Probationary period.
A. All original and promotional appointees shall serve probationary periods as prescribed in the personnel rules. During the probationary period, the employee may be rejected at any time without cause and without the right of appeal.
B. An employee rejected during the probationary period from a position in the classified service to which he has been promoted shall be reinstated to a position in the class from which he was promoted unless the rejection results in dismissal from the city service.
(Ord. 277 § l(part), 1981: Ord. 136 § 7, 1968).
2.12.080 Applicability of rules to certain exempt positions.
The provisions of the personnel rules relating to attendance and leaves shall apply to full-time exempt positions.
(Ord. 277 § l(part), 1981: Ord. 136 § 8, 1968).
2.12.090 Disciplinary actions.
The appointing authority shall have the right to demote, dismiss, reduce in pay, suspend or otherwise discipline an employee in the classified service in accordance with provisions set forth in the personnel rules.
(Ord. 277 § l(part), 1981: Ord. 136 § 9, 1968).
2.12.100 Right of appeal.
A. Any employee in the classified service shall have the right to appeal to the city council a disciplinary action, or an interpretation or alleged violation of this chapter, the personnel rules or a current memorandum of understanding, except in those instances where the right of appeal is specifically prohibited by this chapter or the personnel rules.
B. The city council shall have the right of subpoena, the power to examine witnesses under oath, the power to compel the attendance of witnesses and the power to require the production of evidence by subpoena. Subpoenas shall be issued in the name of the city and attested to by the city clerk.
C. Each member of the city council shall have the power to administer oaths to witnesses.
D. All appeals shall be concluded as expeditiously as possible and in accordance with the requirements and procedures as set forth in the personnel rules and regulations adopted pursuant to this chapter.
(Ord. 277 § 1(part), 1981: Ord. 136 § 10, 1968).
2.12.110 Abolition of position.
Whenever in the judgment of the city council it becomes necessary, the city council may abolish any position in the classified service. Procedures governing resulting layoffs or other personnel actions shall be as set forth in the personnel rules.
(Ord. 277 § 1(part), 1981: Ord. 136 § 11, 1968).
2.12.120 Political activity.
The political activities of city employees shall conform to pertinent provisions of state and federal law.
(Ord. 277 § 1(part), 1981: Ord. 136 § 12, 1968).
2.12.130 Fair employment.
No employee in the classified service, or person seeking admission thereto, shall in any way be favored or discriminated against because of political opinions or affiliations, race, color, ancestry, national origin, religious belief, sex, sexual preference, marital status, age or physical handicap unless determined to be a bona fide occupational requirement.
(Ord. 277 § 1(part), 1981: Ord. 136 § 13, 1968).
Chapter 2.16 Sections:
2.16.010 Membership-Residence required.
2.16.020 Appointment of commissioners.
2.16.030 Terms of office.
2.16.010 Membership-Residence required.
All city commissions shall have five (5) members, each of which shall be a resident of the city.
(Ord. 263 § 1, 1980).
2.16.020 Appointment of commissioners.
All appointments to city commissions shall be by a majority vote of the city council.
(Ord. 263 § 2, 1980).
2.16.030 Terms of office.
A. Terms of office for city commissioners shall begin after the first regularly scheduled city council meeting in January following the year of a regular municipal election, or as soon as possible thereafter. For planning commissioners, three (3) terms shall commence in the years that two (2) council seats are scheduled to be filled by regular election, and two (2) terms shall commence in the year that three (3) council seats are scheduled to be filled by regular election. For parks, beaches and recreation commissioners, two (2) terms shall commence in the years that two (2) council seats are scheduled to be filled by regular election, and three (3) terms shall commence in the year that three (3) council seats are scheduled to be filled by regular election. Members of city commissions shall serve at the pleasure of the city council for a period of up to four (4) years or the completion date of the specific term for which appointed, whichever occurs first. Commissioners may be reappointed.
(Ord. 334 § 1, 1987: Ord. 311 § 1, 1985; Ord. 263 § 3, 1980).
Chapter 2.20 Sections:
2.20.010 Established-Composition.
2.20.020 Members not to hold other offices-Residence.
2.20.030 Meetings-Officers.
2.20.040 Rules and regulations-Quorum.
2.20.050 Duties and responsibilities.
2.20.010 Established-Composition.
A city parks, beaches and recreation commission is established to consist of five (5) members who shall be appointed by the mayor with the approval of the city council.
(Ord. 70 § 1, 1964).
2.20.020 Members not to hold other offices-Residence.
Members of the parks, beaches and recreation commission shall not hold any other public office or full-time position in the city, and shall at all times during their service be residents of the city.
(Ord. 509 § 1, 2006: Ord. 70 § 2, 1964).
2.20.030 Meetings-Officers.
Within thirty (30) days after their appointment the members of the commission shall meet in regular session and elect from their members a chairman and vice-chairman. Their duties shall respectively be such as are usually carried by such officers. Officers shall hold office for one calendar year, or until their successor is elected. Any officer may succeed himself for another full or part term.
(Ord. 70 § 4(part), 1964).
2.20.040 Rules and regulations-Quorum.
The commission shall adopt rules and regulations to govern procedure and shall by record vote set a time for regular meetings which shall be held at least once each month. A majority of the members shall constitute a quorum.
(Ord. 70 § 4(part), 1964).
2.20.050 Duties and responsibilities.
The commission shall:
A. Act in advisory capacity to city council on all matters pertaining to the city recreation and park department;
B. Aid in coordinating recreation and park services with any program of governmental agencies and voluntary civic organizations;
C. Review recreational services, facilities, and parks that exist or may be needed, and advise the city council at the first semiannual joint meeting;
D. Act in advisory capacity in preparation of annual budget for recreation and long-range recreation and park and playground capital improvement program;
E. Assist in promoting the public recreation program in public schools, parks, buildings, or other appropriate avenues;
F. Recommend to the city council fees or charges to be paid by residents and nonresidents for use of city recreational facilities, or for participation in city recreational programs;
G. Hold hearings as directed by the city council on matters pertaining to planning and development of parks and recreation programs and capital expenditures relating to recreation and facilities;
H. Gather community opinions, needs and perceptions regarding recreational opportunities and needs;
I. Make recommendations concerning beautification development and improvement of parks, beaches and recreation services;
J. In accordance with Section 12.12.020, to recommend as a protected tree any species of native or non-native tree, in addition to those identified in Paragraph (1) of the definition of "Protected tree," as adopted by the city council, based upon its finding and determination that such species uniquely contributes to the scenic beauty of the city or provides special benefits to the natural environment or wildlife;
K. Recommend policies on recreation and park service for approval of city council;
L. Make studies and recommend rules and regulations for adoption by the city council for the use and enjoyment of all public parks and recreational facilities including playgrounds, play fields, recreational centers, swimming pools, marina recreational areas, ball diamonds, basketball courts, and any other areas requiring regulation from time to time;
M. Participate in the development and implementation of public events on behalf of the city and sponsored by the recreation department and/or the parks, beaches and recreation commission.
(Ord. 425 § 1, 1998: Ord. 287 § 1, 1982; Ord. 70 § 5, 1964).
Chapter 2.24 Sections:
2.24.010 Established.
2.24.010 Established.
There is established a planning commission for the city.
(Ord. 18 § 1, 1961).
Chapter 2.28 Sections:
2.28.010 Purposes.
2.28.020 Emergency defined.
2.28.030 Created-Membership.
2.28.040 Powers and duties-Meetings.
2.28.050 Director and assistant director of emergency services-Office created.
2.28.060 Director and assistant director of emergency services-Powers and duties.
2.28.070 Emergency organization.
2.28.080 Emergency plan.
2.28.090 Expenditures.
2.28.100 Violations-Penalty.
2.28.010 Purposes.
The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the protection of persons and property within the city in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of the city with all other public agencies, corporations, organizations, and affected private persons.
(Ord. 200 § 1, 1975).
2.28.020 Emergency defined.
As used in this chapter, "emergency" means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the city, requiring the combined forces of other political subdivisions to combat.
(Ord. 200 § 2, 1975).
2.28.030 Created-Membership.
The Brisbane disaster council is created and shall consist of the following:
A. The mayor, who shall be chairman;
B. The director of emergency services, who shall be vice-chairman;
C. The assistant director of emergency services;
D. Such chiefs of emergency services as are provided for in a current emergency plan of the city, adopted pursuant to this chapter;
E. Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the director with the advice and consent of the city council.
(Ord. 200 § 3, 1975).
2.28.040 Powers and duties-Meetings.
It shall be the duty of the Brisbane disaster council, and it is empowered, to develop and recommend for adoption by the city council, emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The disaster council shall meet upon call of the chairman or, in his absence from the city or inability to call such meeting, upon call of the vice-chairman.
(Ord. 200 § 4, 1975).
2.28.050 Director and assistant director of emergency services-Office created.
A. There is created the office of director of emergency services. The city manager or his/her designated representative shall be the director of emergency services.
B. There is created the office of assistant director of emergency services, who shall be appointed by the director.
(Ord. 513 § 1, 2006: Ord. 200 § 5, 1975).
2.28.060 Director and assistant director of emergency services-Powers and duties.
A. The director is empowered to:
1. Request the city council to proclaim the existence or threatened existence of a "local emergency" if the city council is in session, or to issue such proclamation if the city council is not in session. Whenever a local emergency is proclaimed by the director, the city council shall take action to ratify the proclamation within seven (7) days thereafter or the proclamation shall have further force or effect;
2. Request the Governor to proclaim a "state of emergency" when, in the opinion of the director, the locally available resources are inadequate to copy with the emergency;
3. Control and direct the effort of the emergency organization of the city for the accomplishment of the purposes of this chapter;
4. Direct cooperation between and coordination of services and staff of the emergency organization of the city, and resolve questions of authority and responsibility that may arise between them;
5. Represent the city in all dealings with public or private agencies on matters pertaining to emergencies as defined in this chapter;
6. In the event of the proclamation of a "local emergency" as provided in this chapter, the proclamation of a "state of emergency" by the Governor or the Director of the State Office of Emergency Services, or other existence of a "state of war emergency," the director is empowered:
a. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the city council,
b. To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the city for the fair value thereof and, if required immediately, to commandeer the same for public use,
c. To require emergency services of any city officer or employee and, in the event of the proclamation of a "state of emergency" in the county in which the city is located or the existence of a "state of war emergency," to command the aid of as many citizens of this community as he deems necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers,
d. To requisition necessary personnel or material of any city department or agency, and
e. To execute all of his ordinary power as city manager, all of the special powers conferred upon him by this chapter or by resolution or emergency plan pursuant to this chapter adopted by the city council, all powers conferred upon him by any statute, by any agreement approved by the city council, and by any other lawful authority.
B. The director of emergency services shall designate the order of succession to that office, to take effect in the event the director is unavailable to attend meetings and otherwise perform his duties during an emergency. Such order of succession shall be approved by the city council.
C. The assistant director shall, under the supervision of the director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of the city, and shall have such other powers and duties as may be assigned by the director.
(Ord. 200 § 6, 1975).
2.28.070 Emergency organization.
All officers and employees of the city, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may by agreement or operation of law, including persons impressed into service under the provisions of paragraph c of subdivision 6 of subsection A of Section 2.28,060, be charged with duties incident to the protection of life and property in the city during such emergency, shall constitute the emergency organization of the city.
(Ord. 200 § 7, 1975).
2.28.080 Emergency plan.
The Brisbane disaster council shall be responsible for the development of the city emergency plan, which plan shall provide for the effective mobilization of all of the resources of the city, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency; and shall provide for the organization, powers and duties, services, and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the city council.
(Ord. 200 § 8, 1975).
2.28.090 Expenditures.
Any expenditures made in connection, with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city.
(Ord. 200 § 9, 1975).
2.28.100 Violations-Penalty.
It shall be a misdemeanor, punishable by a fine of not to exceed five hundred dollars ($500.00), or by imprisonment for not to exceed six (6) months, or both, for any person, during an emergency, to:
A. Wilfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon him by virtue of this chapter;
B. Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if such act is of such a nature as to give or be likely to give assistance to the enemy or to imperil the lives or property of inhabitants of the city, or to prevent, hinder, or delay the defense or protection thereof;
C. Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the state.
(Ord. 200 § 10, 1975).
Chapter 2.32 Sections:
2.32.010 Need declared.
2.32.020 City council designated agency.
2.32.010 Need declared.
The city council ordains that it is found and declared, pursuant to Section 33101 of the Community Redevelopment Law, that there is a need for the redevelopment agency created by Section 33100 of said law to function in the city and said agency is authorized to transact business and exercise its powers under the Community Redevelopment Law.
(Ord. 213, 1976).
2.32.020 City council designated agency.
A. For the facts and reasons set forth in Ordinance No. 217, as well as for other good and sufficient facts and reasons, the city council finds and declares that the city council's declaring itself to be the redevelopment agency of the city pursuant to subdivision (a) of Section 33200 of the California Health and Safety Code will serve the public interest and promote the public safety and welfare in an effective manner.
B. Pursuant to Section 33200 of the Health and Safety Code of the State of California, the city council does hereby declare itself to be the redevelopment agency of the city of Brisbane, California, and further declares that all rights, powers, duties, privileges and immunities vested in such an agency by the Community Redevelopment Law of the State of California shall be and are vested in the city council of the city of Brisbane.
(Ord. 217 §§ 1, 2, 1976: Ord. 214 § 1, 1976).
Chapter 2.36 Sections:
2.36.010 City clerk.
2.36.020 City treasurer.
2.36.030 Costs to be charge against city.
2.36.010 City clerk.
Upon appointment to office, the city clerk shall file with the mayor of the city a bond for the faithful discharge of his duties, to be approved by the city council, in such amount as may be fixed by the city council.
(Ord. 261 § 11, 1980: Ord. 9 § 1, 1961).
2.36.020 City treasurer.
Upon his appointment to office, the city treasurer shall file in the office of the city clerk a bond for the faithful discharge of his duties, to be approved by the city council, in an amount as may be fixed by the city council.
(Ord. 9 § 2, 1961).
2.36.030 Costs to be charge against city.
The cost of the bonds provided for in Sections 2.36.010 and 2.36.020 shall be a charge against the city.
(Ord. 9 § 3, 1961).
Chapter 2.38 Sections:
2.38.010 Election date designated.
2.38.020 Consolidation of elections.
2.38.030 Terms of office-City officers elected in April, 1982.
2.38.040 Terms of office-City officers elected in April, 1984.
2.38.050 Term of office-City officers generally.
2.38.060 Effective date.
2.38.070 Notice to inform voters.
2.38.010 Election date designated.
The general municipal election for the offices of city councilmen shall be held on the first Tuesday following the first Monday in November in odd-numbered years commencing November, 1985.
(Ord. 286 § l(part), 1983).
2.38.020 Consolidation of elections.
The city clerk shall petition the county of San Mateo to consolidate the city of Brisbane general municipal election with the Brisbane Elementary School District election being held on the first Tuesday following the first Monday in November of each odd-numbered year, commencing November, 1985.
(Ord. 286 § l(part), 1983).
2.38.030 Terms of office-City officers elected in April, 1982.
The terms of office for city officers elected to office in April, 1982, pursuant to Government Code Section 36503.5, are shortened to and including the first Tuesday following the general municipal election on November 8, 1985.
(Ord. 286 § l(part), 1983).
2.38.040 Terms of office-City officers elected in April, 1984.
The terms of office for city officers elected to office in April, 1984, pursuant to Government Code Section 36503.5, are shortened to and including the first Tuesday following the general municipal election in November, 1987.
(Ord. 286 § l(part), 1983).
2.38.050 Terms of office-City officers generally.
The terms of city officers elected in November, 1985, and in each subsequent general municipal election shall be, in accordance with state law, for a term of four years, from the Tuesday succeeding their election and until their successors are elected and qualified.
(Ord. 286 § l(part), 1983).
2.38.060 Effective date.
This chapter shall take effect and be legally operative upon its approval by the board of supervisors of San Mateo County.
(Ord. 286 § l(part), 1983).
2.38.070 Notice to inform voters.
Within thirty (30) days after the ordinance codified in this chapter becomes operative, the city clerk shall cause a notice to be mailed to all registered voters informing the voters of the change in the election date. The notice shall also inform the voters that as a result of the change in the election date, elected city officer holders' terms in office will be shortened and that no terms shall be extended.
(Ord. 286 § l(part), 1983).
Chapter 2.44 Sections:
2.44.010 Time.
2.44.020 Location.
2.44.010 Time.
Regular meetings of the city council shall be held on the first and third Mondays of each calendar month unless such day is a holiday, in which case the meeting may be held on Tuesday of the same week unless another business day is designated by the city council or the meeting is cancelled. The time of regular meetings shall be seven thirty (7:30) p.m. Regular meetings may be adjourned from time to time as the city council deems appropriate.
(Ord. 480 § 1(part), 2003: Ord. 288 § 1, 1983: Ord. 6 § 1, 1961).
2.44.020 Location.
Regular meetings of the city council shall be held at the Brisbane Community Center, located within the city of Brisbane at 250 Visitacion Avenue.
(Ord. 480 § 1(part), 2003: Ord. 133 § 1, 1968).
Chapter 2.48 Sections:
2.48.010 Designated.
2.48.020 Closing of public offices. 2.48.010 Designated.
The holidays in the city shall be those enumerated in such resolutions as the city council shall from time to time establish.
(Ord. 288 § 2, 1983: Ord. 261 § 12, 1980; Ord. 90 § 1, 1965).
2.48.020 Closing of public offices.
Public offices of the city shall be closed on those holidays enumerated in Section 2.48.010 unless otherwise provided by ordinance.
(Ord. 90 § 2, 1965).
CITY CLERK
FINANCE DIRECTOR
CITY OFFICERS AND EMPLOYEES
PERSONNEL SYSTEM
COMMISSIONS
PARKS, BEACHES AND RECREATION COMMISSION
PLANNING COMMISSION
DISASTER COUNCIL
REDEVELOPMENT AGENCY
CITY OFFICERS' BONDS
GENERAL MUNICIPAL ELECTIONS
PUBLIC MEETINGS
CITY HOLIDAYS