Auburn Municipal Code Title III Administration

30 CITY COUNCIL

31 OFFICERS AND EMPLOYEES

32 CITY ORGANIZATIONS

33 FINANCE, LICENSING AND TAXATION

34 EMERGENCY PREPAREDNESS

35 CITY POLICIES

36 PUBLIC CONTRACTS

37 PURCHASING SYSTEM

38 ELECTRONIC FILING OF CAMPAIGN STATEMENTS AND STATEMENTS OF ECONOMIC INTERESTS

30 CITY COUNCIL 30.01 Meetings 30.02 Salaries

1. The Council shall hold regular meetings on the second and fourth Mondays of each month at the hour of 6:00 p.m. at the Council Chambers of the City Hall. The Council shall hold study sessions on the first and third Mondays of each month at the hour of 6:00 p.m. at the City Hall Conference Room.

2. Notwithstanding division (A) of this section, in the event the Council holds a closed session, the regular meeting may begin as early as 5:00 p.m., but no later than 6:00 p.m. on the second and fourth Mondays of each month at the Council Chambers of the City Hall.

(1973 Code, § 2-1.101) (Ord. 599, eff. - -; Am. Ord. 663, eff. 2-27-1975; Am. Ord. 88-8, eff. 8-10-1988; Am. Ord. 91-1, eff. 3-6-1991; Am. Ord. 91-15, eff. 11-27-1991; Am. Ord. 95-2, eff. 4-26-1995; Am. Ord. 96-3, eff. 5-81996; Am. Ord. 96-6, eff. 7-10-1996; Am. Ord. 17-04, eff. 4-11-2017)

Each member of the Council shall receive a salary, the amount of which shall be determined in the manner set forth in Cal. Gov't Code § 36516.

(1973 Code, § 2-1.201) (Ord. 555, eff. - -)

31 OFFICERS AND EMPLOYEES 31 General Provisions (Section 31.001) 31 City Manager (Sections 31.015-31.028) 31 City Clerk (Section 31.040) 31 Personnel (Sections 31.055-31.068)

31 General Provisions (Section 31.001)

The City Clerk and City Treasurer shall each execute a bond in the penal sum of $25,000.

(1973 Code, § 2-3.201) (Ord. 545, eff. - -)

31 City Manager (Sections 31.015-31.028) 31.015 Office Established 31.016 Appointment; Term Of Office 31.017 Eligibility Of Ex-Council Members 31.018 Bond 31.019 Acting City Manager 31.020 Compensation; Expenses 31.021 Full-Time Employment 31.022 Attendance At Council Meetings 31.023 Ex Officio Member Of Boards And Commissions 31.024 Relationship With City Officers 31.025 Relationship With Council 31.026 Powers And Duties 31.027 Removal; Notices 31.028 Removal; Limitations

The Office of the City Manager is hereby established.

(1973 Code, § 2-3.201) (Ord. 529, eff. - -)

The City Manager shall be appointed by the Council solely on the basis of his or her executive and administrative qualifications and shall hold office during the pleasure of the Council.

(1973 Code, § 2-3.202) (Ord. 529, eff. - -)

No person elected as a member of the Council shall, subsequent to the election, be eligible for appointment as City Manager until 1 year has elapsed following the expiration of the last term for which the Council member was elected.

(1973 Code, § 2-3.203) (Ord. 529, eff. - -)

The City Manager shall execute a surety bond to be approved by the Council in such sum as may be determined by the Council.

(1973 Code, § 2-3.204) (Ord. 529, eff. - -)

1. In the event of absence of the City Manager for a period of 30 days or less, the City Manager may appoint a properly qualified person to perform the duties of the Office of City Manager. In the event the City Manager is disabled or otherwise unable to make such an appointment, the City Council shall appoint a properly qualified person to perform the duties of the Office of City Manager.

2. In the event of absence of the City Manager for a period of more than 30 days, the City Council may appoint a properly qualified person to perform the duties of the Office of City Manager, taking into account any recommendation of the City Manager for the appointment.

(1973 Code, § 2-3.205) (Ord. 529, eff. - -; Am. Ord. 97-3, eff. 4-9-1997)

The City Manager shall receive the compensation as the Council shall from time to time determine which shall be in full payment for all services rendered. He or she shall also be reimbursed for, and shall be allowed, traveling expenses when absent from the city on business pertaining to his or her city office or to the business of the city, together with all sums which may necessarily be incurred or paid by him or her while absent on city business, but no reimbursement or allowance shall be made, except in the manner provided by Council policy.

(1973 Code, § 2-3.206) (Ord. 529, eff. - -)

The City Manager shall devote his or her entire time to the duties of his or her office in the interests of the city. (1973 Code, § 2-3.207) (Ord. 529, eff. - -)

The City Manager shall attend all meetings of the Council and its committees, unless excused therefrom by the Council, except when his or her removal is under consideration by the Council.

(1973 Code, § 2-3.208) (Ord. 529, eff. - -)

The City Manager shall be an ex officio member of all boards and commissions appointed by the Mayor or the Council.

(1973 Code, § 2-3.209) (Ord. 529, eff. - -)

It shall be the duty of all subordinate officers of the city, including the City Clerk, City Treasurer, City Attorney and External Auditor, 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 of the city.

(1973 Code, § 2-3.210) (Ord. 529, eff. - -)

1. Except for purposes of inquiry, the Council and its members shall deal with the administrative service solely through the City Manager, and neither the Council, nor any member thereof, shall give orders to any of the subordinates of the City Manager.

2. The City Manager shall take his or her orders only when sitting at a duly held meeting of the Council, and no individual Council member shall give any order or instruction to the City Manager.

(1973 Code, § 2-3.211) (Ord. 529, eff. - -)

1. 1. The City Manager shall be the administrative head of the government of the city under the direction and control of the Council.

   2. The City Manager shall be responsible to the Council for the efficient administration of all the affairs of the city which are under his or her control.

   3. In addition to his or her general powers as administrative head, and not as a limitation thereon, he or she shall also have the specific powers and duties set forth in this subchapter and in other portions of this code.

(1973 Code, § 2-3.212)

2. It shall be the duty of the City Manager to ascertain that all the laws of the city are duly enforced.

(1973 Code, § 2-3.213)

3. 1. It shall be the duty of the City Manager to investigate all complaints in relation to matters concerning the administration of the government of the city and in regard to the services maintained by public utilities in the city, and to ascertain that all franchises, permits and privileges granted by the city are faithfully observed.

   2. The City Manager shall make investigations into the affairs of the city, and any department or division thereof, and any contract or the proper performance of any obligation running to the city.

(1973 Code, § 2-3.214)

4. It shall be the duty of the City Manager to exercise control over all the departments and divisions of the government of the city and over all appointive officers and employees of the city, except the City Attorney and External Auditor.

(1973 Code, § 2-3.215)

5. 1. It shall be the duty of the City Manager to appoint, discipline and dismiss all heads of departments and all subordinate officers and employees of the city, except the City Attorney, City Treasurer and External Auditor. The City Manager may temporarily assign personnel from any department to other departments for a period not to exceed 6 months to meet emergencies and to permit the efficient utilization of personnel during short periods of work load variation.

   2. He or she may designate acting department heads when the department heads are absent or disabled from their offices.

(1973 Code, § 2-3.216)

6. It shall be the duty of the City Manager to recommend to the Council for adoption such measures and ordinances as he or she deems necessary or expedient. In addition to the powers set forth in this subchapter, the City Manager shall have the power and authority to make, adopt and enforce such

administrative rules and regulations as are reasonably necessary to carry out the duties assigned to him or her and to provide for the proper administration of the affairs of the city.

(1973 Code, § 2-3.217)

(Am. Ord. 651, eff. 6-20-1974)

7. It shall be the duty of the City Manager to keep the Council fully advised as to the financial conditions and needs of the city.

(1973 Code, § 2-3.218)

8. It shall be the duty of the City Manager to prepare and submit the annual budget to the Council.

(1973 Code, § 2-3.219)

9. It shall be the duty of the City Manager to be the Purchasing Agent of the city.

(1973 Code, § 2-3.220)

10. 1. It shall be the duty of the City Manager to exercise general supervision over all buildings, parks, streets and other public property which is under the control and jurisdiction of the Council.

11. The City Manager shall make, compile and file with the City Clerk a complete inventory of the property, both real and personal, owned by the city and file amended inventories of the property, at least semi-annually, as to stock, supplies and equipment, and at least annually as to other properties.

(1973 Code, § 2-3.221)

11. It shall be the duty of the City Manager to prepare and recommend to the Council a personnel system.

(1973 Code, § 2-3.222)

12. It shall be the duty of the City Manager to prepare and submit to the Council an organization chart showing the organization plan for all departments of the government of the city.

(1973 Code, § 2-3.223)

13. It shall be the duty of the City Manager to prepare and submit to the Council as of the end of each fiscal year a complete report on the finances and administrative activities of the city for the preceding year.

(1973 Code, § 2-3.224)

14. It shall be the duty of the City Manager to serve in any appointed office or as the head of any department of the government of the city for which he may be qualified when appointed thereto by the Council and to hold and perform the duties thereof at the pleasure of the Council.

(1973 Code, § 2-3.225)

15. It shall be the duty of the City Manager to perform such other duties and exercise other powers as may be delegated to him or her from time to time by ordinance or resolution of the Council.

(1973 Code, § 2-3.226)

16. The City Manager may execute any contract or other document which the City Council has authorized him or her to sign by ordinance, resolution or minute action of the City Council. This division (P) is adopted pursuant to Cal. Gov't Code § 40602.

(Ord. 529, eff. - -; Am. Ord. 06-1, eff. 2-22-2006)

HISTORY

Amended by Ord. 25-05 on 10/27/2025 31.027 Removal; Notices

1. In the event of his or her intended removal by the Council, the City Manager shall be furnished with a written notice stating the intention of the Council to remove him or her, and the reasons therefor, at least 30 days before the effective date of his or her removal.

2. Within 7 days after the delivery to him or her of the notice, the City Manager may, by written notification to the City Clerk, request a public hearing before the Council.

3. Thereafter, the Council shall fix a time for the public hearing, which shall be held at its usual place of meeting before the expiration of the 30-day period, and at which the City Manager shall appear and be heard.

4. After furnishing the City Manager with a written notice of intention to remove him or her, the Council may suspend him or her from duty, but his or her salary shall continue until his or her removal by resolution of the Council passed subsequent to the public hearing.

5. The Council, in removing the City Manager, 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 sole purpose of which shall be to allow the City Manager publicly to present to the Council his or her grounds of opposition to removal prior to the action of the Council removing him or her.

(1973 Code, § 2-3.227) (Ord. 529, eff. - -)

1. 1. Notwithstanding the provisions of § 31.027, the City Manager shall not be removed from office within a period of 60 days next succeeding any general municipal election held in the city at which election a member of the Council is elected.

   2. The purpose of the provisions of this section is to permit any newly-elected member of the Council or a reorganized Council to observe the actions and ability of the City Manager in the performance of the powers and duties of his or her office.

2. After the expiration of the 60-day period, the provisions of § 31.027 pertaining to the removal of the City Manager shall apply and be effective.

(1973 Code, § 2-3.228) (Ord. 529, eff. - -)

31 City Clerk (Section 31.040)

1. The City Clerk shall have the power and be required to:

   1. Act as Clerk of the Council and attend all meetings of the Council and be responsible for the recordation and maintenance of a full and true record of all proceedings of the Council;

   2. Maintain and file all ordinances and resolutions adopted by the Council;

   3. Maintain indexes of all minutes, ordinances and resolutions adopted by the Council;

   4. Be the custodian of the seal of the city;

   5. Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs of the city and certify copies of the official records;

   6. Perform those duties pertaining to municipal elections as required by the Elections Code;

   7. Be responsible for the publication of all official notices as required by state law;

   8. Perform all such other duties as required by state law; and

   9. Perform such other duties as may be designated by the City Council.

2. The City Clerk may appoint deputies, who shall receive compensation as is provided by the City Council.

(1973 Code, § 2-3.501) (Ord. 92-11, eff. 7-22-1992)

31 Personnel (Sections 31.055-31.068)

The personnel system set forth in this subchapter is hereby adopted for the following purposes:

1. To establish an equitable and uniform procedure for dealing with personnel matters;

2. To attract to municipal service the best and most competent persons available;

3. To assure that appointments and promotions of employees will be based on merit and fitness; and

4. To provide a reasonable degree of security for qualified employees.

(1973 Code, § 2-3.301) (Ord. 530, eff. - -)

1. 1. The Office of Personnel Director is hereby established.

   2. The City Manager shall be the Personnel Director, except during such period of time as he or she may have appointed another qualified officer or employee of the city to serve as Personnel Director, with all the rights and duties set forth in this subchapter.

   3. When acting as Personnel Director, the City Manager may delegate any of the powers and duties conferred upon him or her as Personnel Director to any officer or employee of the city, or he or she may recommend that the powers and duties be performed under contract as provided for in § 31.068.

   4. The Personnel Director shall be the chief administrative officer of the Personnel Department, subject to the administrative direction of the City Manager. The Personnel Director shall supervise and be responsible for the performance of all the functions of the Department.

2. The Personnel Department shall have the following functions and the Personnel Director shall have the following powers and duties:

   1. To administer all the provisions of this subchapter;

   2. To prepare and recommend to the Council personnel rules and revisions and amendments to the rules; (The City Attorney shall approve the legality of the rules and amendments prior to their submission to the Council.)

   3. To prepare, or cause to be prepared, 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 Council.)

   4. To prepare, or cause to be prepared, a plan of compensation, and revisions thereto, covering all classifications in the competitive service; (The plan, and any revisions thereto, shall become effective upon approval by the Council.)

   5. To provide for the publishing or posting of notices of tests for positions in the competitive service; the receiving of applications for the positions; the conducting and grading of tests; and the certification to the appointing power of a list of all persons eligible for appointment to appropriate positions in the competitive service;

   6. To perform staff work of a technical nature pertaining to personnel business;

   7. To maintain records of personnel transactions and records of personnel related hearings;

   8. To initiate and process to completion all routine personnel matters;

   9. To advise and assist department heads in promoting an effective program of personnel management;

   10. To consult with employees and representatives of employees' organizations on matters of personnel management; and

   11. To perform such other functions relating to personnel management as may be required by the City Manager.

(1973 Code, § 2-3.302) (Ord. 530, eff. - -; Am. Ord. 651, eff. 6-20-1974; Am. Ord. 91-12, eff. 9-18-1991)

1. 1. Either an aggrieved employee or his or her recognized employee association or representative may request the City Manager, or his or her duly authorized representative, to appoint a Hearing Officer to hear evidence and make recommendations to the governing body of the city regarding the resolution of employee grievances pursuant to approved memoranda of understanding between the employee or employee association and the city.

   2. The grieving employee, or employee association or representative on behalf of such employee, must request the appointment of the Hearing Officer within 10 business days from the date the grievant has received the decision by the City Manager/designee pursuant to the "Skelly" conference.

   3. Failure of the grievant and the Association to request the appointment of a Hearing Officer within the time limits set forth above constitutes a waiver and bars the grievance, and the grievance will be considered settled on the basis of the last management response.

2. 1. Within 10 business days after receipt of a request for the appointment of the Hearing Officer, either the City Manager or the City Personnel Director shall attempt to reach voluntary agreement with the grievant and the Association as to the appointment of a Hearing Officer.

Failing to reach voluntary agreement with 10 business days of receipt of the request for the appointment of a Hearing Officer, the City Manager or his or her duly authorized representative shall obtain a list from the American Arbitration Association, State Mediation Conciliation Service of 5 persons who are qualified to serve as Hearing Officer.

2. Upon receipt of the list, the parties shall meet to select a Hearing Officer from the list. The list of 5 shall serve as the list of persons to be used by the city and the employee association for the term of the agreement, unless otherwise agreed to by both parties.

3. 1. The hearing shall be conducted in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association in cases involving disciplinary action, and the Hearing Officer shall use the standard of proper cause in determining the propriety of the city's conduct.

   2. The Hearing Officer shall not hear witnesses or take evidence out of the presence of the other party except by default. The Hearing Officer shall be bound by the express terms and conditions of the applicable Memorandum of Understanding, as well as the Personnel Rules and Regulations of the city, in determining the validity of the city's action, and shall not have the authority to recommend any additions or modifications to the Memorandum of Understanding or any provisions of the Personnel Rules and Regulations.

4. 1. In the conduct of the hearing, the Hearing Officer, once chosen, shall hold the hearing to make findings of fact and recommendations to the parties within 30 calendar days of the Hearing Officer's appointment.

   2. The Hearing Officer shall be bound to render his or her findings and recommendations within 30 calendar days of the close of the hearing.

5. 1. The Hearing Officer shall submit his or her findings and recommendations in writing to the city, the grievant and to the employee's association or representative, if any.

   2. The Hearing Officer's recommendations made thereafter shall be final and binding upon the grievant, the employee's association and the City, if accepted by the Council. The City Council shall accept the findings and recommendations of the Hearing Officer in its entirety, unless it finds that the Hearing Officer has:

      1. Exceeded his or her authority;

      2. Committed a serious procedural error; and

      3. Made a finding or conclusion unsupported by the record. (In no case, however, shall a remedy require special legislative action). The action shall be taken at the next regular Council meeting, unless the meeting is set within less than 7 calendar days of receipt of the Hearing Officer decision.

6. 1. The cost of obtaining a panel of Hearing Officers from the American Arbitration Association and all costs of the hearing, including the cost of the Hearing Officer, shall be equally borne by the city, the grieving party and the employee's association.

   2. Each party shall bear the cost of its own attorney's fees.

7. 1. Either the City Manager or the employee may request City Council review of the Hearing Officer's decision as limited by the conditions above.

   2. The request shall be submitted in writing to the City Clerk within 10 calendar days after receipt of a copy of the Hearing Officer's decision.

   3. Review by the City Council shall be made within 15 calendar days after the request for review is received.

   4. The City Council may approve, modify or reverse the decision of the Hearing Officer, and its decision shall be final.

(1973 Code, § 2-3.303) (Ord. 91-12, eff. 9-18-1991)

The provisions of this subchapter shall apply to all offices, positions, and employees in the city, except the following:

1. The City Manager;

2. All elective officials;

3. All members of appointive boards, commissions and committees;

4. Persons engaged under contract to supply expert, professional, technical or other services;

5. Volunteer personnel, such as volunteer firefighters;

6. The City Attorney;

7. Emergency employees who are hired to meet the immediate requirements of emergency conditions, such as extraordinary fires, floods or earthquakes which threaten life or property;

8. Employees, other than those set forth in this section, who are employed less than ½ time, defined as employees who work less than 1,040 hours in any 1 fiscal year; and

9. Department heads.

(1973 Code, § 2-3.305) (Ord. 530, eff. --; Am. Ord. 07-11, eff. 12-10-2007)

1. 1. Personnel rules shall be adopted by resolution of the Council after a notice of the action has been publicly posted at least 5 days prior to Council consideration thereof.

   2. Amendments and revisions may be suggested by any interested party and shall be processed as provided in the personnel rules.

2. The personnel rules shall establish regulations governing the personnel system, including:

   1. The preparation, installation, revision and maintenance of a position classification plan covering all positions in the competitive service, including employment standards and qualifications for each classification;

   2. The preparation, revision and administration of a plan of compensation directly correlated with the position classification plan and providing for a rate or range of pay for each classification;

   3. The public announcement of all tests and the acceptance of applications for employment;

   4. The preparation and conduct of tests and the establishment and use of resulting employment lists containing the names of persons eligible for appointment;

   5. The certification and appointment of persons from employment lists and the making of provisional and emergency appointments;

   6. The evaluation of employees during the probationary period;

   7. The transfer, promotion, demotion, reinstatement, disciplinary action and layoff of employees in the competitive service;

   8. The separation of employees from city service;

   9. The standardization of hours of work, attendance and leave regulations and working conditions and the development of employee morale, welfare and training;

   10. The procedure for the orderly presentation by employees of matters relating to general conditions of employment to the City Manager and to the Council;

   11. The establishment of adequate personnel records; and

   12. The establishment of grievance procedures.

(1973 Code, § 2-3.306) (Ord. 530, eff. - -)

1. Appointments to vacant positions in the competitive service shall be made in accordance with the personnel rules. Appointments and promotions shall be based on merit and fitness to be ascertained so far as practicable by competitive examinations. 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, such as achievement and aptitude tests, written tests, personal interviews, performance tests, physical agility tests, the evaluation of daily work performance, work samples or any combinations of these or other tests. Physical and medical tests may be given as a part of any examination.

2. In any examination the Personnel Director may include, in addition to competitive tests, qualifying tests and set the minimum standards therefor.

3. Appointments shall be made by the Council or by the officer in whom the power to make appointments is vested.

4. When an appointment is to be made to a vacancy in the competitive service, the Personnel Director shall transmit to the appointing power the names of all persons on the appropriate certified employment list in the order in which they appear on the list.

5. In the absence of appropriate employment lists, a provisional appointment, not to exceed 6 months, may be made by the appointing authority of a person meeting the minimum training and experience qualifications for the position.

6. During the period of suspension of an employee, or pending final action on proceedings to review the suspension, demotion or dismissal of an employee, such vacancy may be filled by the appointing authority, subject to the provisions of this subchapter and the personnel rules.

(1973 Code, § 2-3.307) (Ord. 530, eff. - -; Am. Ord. 651, eff. 6-20-1974)

1. All regular appointments, including promotional appointments, shall not be permanent until after the expiration of a probationary period. An appointment from a re-employment list of a person who has previously satisfied the probationary period in the class to which the appointment is made shall not be subject to an additional probationary period.

2. The regular period of probation shall be 6 months; provided, however, the classification description may specify a longer or shorter period of probation for certain designated job classes.

3. An extension of the probationary period for justifiable cause, in individual cases, may be made by the City Manager for a period not to exceed an additional 6 months. A probationary employee may be removed or demoted at any time during the probationary period. The action, if taken prior to the expiration of the probationary period, shall not be subject to review or appeal.

(1973 Code, § 2-3.308) (Ord. 530, eff. - -; Am. Ord. 723, eff. 4-26-1978)

1. Any person holding a position included in the competitive service who, on January 5, 1965, shall have served continuously in the position or in some other position in the competitive service, for a period equal to the probationary period prescribed in the personnel rules for his or her classification shall assume regular status in the competitive service in the position held on the date without a qualifying test, if such position is permanently allocated by Council action, and shall thereafter be subject in all respects to the provisions of this subchapter and the personnel rules.

2. Any other persons holding positions in the competitive service shall be regarded as probationers who are serving out the balance of their probationary periods as prescribed in the personnel rules before obtaining regular status. The probationary period shall be computed from the date of appointment or employment.

(1973 Code, § 2-3.309) (Ord. 530, eff. - -)

The provisions of the personnel rules relating to employer-employee relationships and attendance leaves shall apply to the incumbents of full-time exempt positions.

(1973 Code, § 2-3.310) (Ord. 530, eff. - -)

1. Any appointing power shall have the right, for due cause, to demote, dismiss, reduce in pay or suspend without pay for 30 calendar days any person holding an appointment in a position or employment in the competitive service. Notice of the action shall be in writing and shall be served personally on the employee, except where an emergency situation exists, in which event the notice shall be served within 3 working days after the action is taken. The notice shall specify the penalty and contain a statement of the reasons therefor.

2. The provisions of this section shall not apply to reductions in pay which are a part of a general plan to reduce salaries and wages or to eliminate positions.

(1973 Code, § 2-3.311) (Ord. 530, eff. - -)

1. Whenever, in the judgment of the Council, it becomes necessary, the Council may abolish any position or employment in the competitive service. Employees transferred, demoted or laid off because of the abolishment of position shall not be subject to written charges, nor shall they have the right of appeal in such cases.

2. Seniority shall be observed in effecting the reduction in personnel and the order of layoff shall be in the reverse order of total cumulative time served in permanent and probationary status in the competitive service upon the effective date of the layoff. The layoff shall be made within classifications of positions, and all provisional employees in the affected classifications shall be laid off prior to the layoff of any probationary or permanent employee.

3. For the purposes of determining the order of layoff, "total cumulative time" shall include time served on military leaves of absence.

4. The names of probationary and permanent employees laid off shall be placed upon re- employment lists for classifications which, in the opinion of the Personnel Director, require basically the same qualifications, duties and responsibilities of those of the classification from which the layoff was made.

5. The names of persons laid off shall be placed upon re-employment lists in the order of total cumulative time served in probationary and permanent status and shall remain on the lists for a period of 1 year unless re-employed sooner.

(1973 Code, § 2-3.312) (Ord. 530, eff. - -; Am. Ord. 651, eff. 6-20-1974)

The political activities of city employees shall conform to the pertinent provisions of state laws and supplemental city rules and regulations.

(1973 Code, § 2-3.313) (Ord. 530, eff. - -)

No person in the competitive service, or seeking admission thereto, shall be employed, promoted, demoted, discharged or in any way favored or discriminated against because of political opinions or affiliations or because of race, color, ancestry, national origin, sex or religious belief.

(1973 Code, § 2-3.314) (Ord. 530, eff. - -)

1. The City Manager shall consider and make recommendations to the Council regarding the extent to which the city should contract for the performance of technical services in connection with the establishment or operation of the personnel system.

2. The Council may contract with any qualified person or agency for the performance of all or any of the following responsibilities and duties imposed by the provisions of this subchapter:

   1. The preparation of the personnel rules and subsequent revisions and amendments thereto;

   2. The preparation of a position classification plan and subsequent revisions and amendments thereto;

   3. The preparation of a plan of compensation and subsequent revisions and amendments thereto;

   4. The preparation, conduct and grading of competitive tests; and

   5. Special and technical services of an advisory or informational character on matters relating to personnel administration.

(1973 Code, § 2-3.315) (Ord. 530, eff. - -)

32 CITY ORGANIZATIONS

32 General Provisions (Sections 32.001-32.002) 32 Planning Commission (Sections 32.015-32.020)

32 City Manager Department (Section 32.035)

32 Legal Department (Sections 32.050-32.053) 32 Personnel Department (Section 32.080) 32 Finance Department (Sections 32.095-32.097) 32 Police Department (Sections 32.110-32.111) 32 Fire Department (Sections 32.125-32.126) 32 Planning Department (Sections 32.140-32.143) 32 Airport Department (Sections 32.155-32.157) 32 Public Works Department (Sections 32.160-32.163) 32 Economic Development Department (Sections 32.170-32.173)

32 General Provisions (Sections 32.001-32.002)

Notwithstanding any other provision of the Auburn Municipal Code, the City Council shall remove from office any appointed member of any city commission, board or committee who fails to file, within 30 days past its due date, any statement or disclosure of economic interests required to be filed pursuant to provisions of either state law or the City of Auburn Conflict of Interest Code. In the event of the removal, the office shall be declared vacant, as provided by law, and the Council may appoint a successor.

(1973 Code, § 2-2.201) (Ord. 94-4, eff. 5-11-1994)

The city is divided, for administrative purposes, into the departments set forth in this chapter.

(1973 Code, § 2-4.101) (Ord. 651, eff. 6-20-1974)

32 Planning Commission (Sections 32.015-32.020)

Pursuant to the provisions of Cal. Gov't Code Chapter 3 of Title 7, the Planning and Zoning Law, a Planning Commission for the city is hereby established.

(1973 Code, § 2-2.101) (Ord. 549, eff. - -; Am. Ord. 627, eff. - -)

1. Purposes . The declared purposes of this section are to provide for a method of appointment of members to the Planning Commission and to insure that individual members of the Council may appoint persons to the Planning Commission in accordance with an established system, taking into account the factors set forth in this section.

2. Membership . The Planning Commission shall consist of 5 members.

3. Minimum qualification . Each Commissioner shall be a resident of the city.

4. Appointment . Each member of the Council shall appoint 1 Commissioner whose term shall run concurrent with that of the Council member so appointing. The appointment shall be made within 30 days of the official seating of the respective Council member. Each appointment shall be ratified by a majority of the City Council. If confirmation of the new appointment is not achieved within 30 days of the vacancy, any Council member or the Council as a whole may entertain other nominations for the position.

5. Terms of office . The term of office of a Commissioner shall be 4 years.

6. Notices . All vacancies on the Commission, including regular term expirations and unfilled terms, shall be published in the local newspaper.

7. Applications .

   1. Interested citizens shall file an application for Commission appointment with the City Clerk's office.

   2. All applications shall be kept on file a minimum of 3 years from the date of filing.

8. Vacancies .

   1. In the event of a vacancy in the Commission, other than vacancies caused by expiration of terms of members, a person shall be appointed by the Council member making the original appointment, to fill the unexpired term.

   2. Years served on an unexpired term count towards the maximum 12 years for purposes of division (E) above.

   3. In the event that a Council member does not complete his or her term of office, the Commissioner appointed by that Council member shall complete their remaining term on the Commission.

   4. A Council member elected to serve an uncompleted Council term may replace the Planning Commissioner who is serving by appointment of that Council member's predecessor. A Council member appointed by the Council to serve an uncompleted term may not replace the Planning Commissioner who is serving by appointment of that Council member's predecessor.

9. Removal from office .

   1. Any Commissioner may be removed with or without cause by a majority vote of the entire Council.

   2. In the event a Commissioner fails to attend a total of 3 or more Planning Commission meetings during a calendar year, the Council may declare the Office of the Commissioner vacant.

   3. In the event a Commission office is declared vacant, the appointment of a successor shall be made for the unexpired term in the manner provided in this section.

(1973 Code, § 2-2.102) (Ord. 549, eff. - -; Am. Ord. 627, eff. - -; Am. Ord. 692, eff. 10-27-1976; Am. Ord. 798, eff. 3-7- 1984; Am. Ord. 95-8, eff. 8-9-1995; Am. Ord. 03-3, eff. 6-12-2003)

1. The Commission shall elect the Chairperson and Vice-Chairperson from among the appointed members.

2. Services shall be provided by the city staff as required.

(1973 Code, § 2-2.103) (Ord. 549, eff. - -; Am. Ord. 627, eff. - -; Am. Ord. 88-3, eff. 5-11-1988; Am. Ord. 95-8, eff. 8-9- 1995)

The Chairperson of the Planning Commission from time to time shall designate a specific number of members thereof to appear as necessary before the Council to act as liaison officer between the Planning Commission and the Council.

(1973 Code, § 2-2.104) (Ord. 549, eff. - -; Am. Ord. 627, eff. - -)

1. The Planning Commission shall not grant variances of any nature from the Uniform Building Code provisions or any other provisions.

2. Exceptions:

   1. Variance. Procedure provided by the zoning chapter.

   2. Variance. Approval provided by the zoning chapter.

(1973 Code, § 2-2.105) (Ord. 549, eff. - -; Am. Ord. 627, eff. - -; Am. Ord. 93-15, eff. 12-22-1993; Am. Ord. 958, eff. 8-9- 1995)

Each member of the Commission shall receive compensation in the amount established by the City Council.

(1973 Code, § 2-2.106) (Ord. 816, eff. 2-12-1986; Am. Ord. 95-8, eff. 8-9-1995)

32 City Manager Department (Section 32.035)

The powers and duties of the City Manager shall be as set forth in §§ 31.015et seq.

(1973 Code, § 2-4.201) (Ord. 651, eff. 6-20-1974)

32 Legal Department (Sections 32.050-32.053)

The Office of the City Attorney is hereby established.

(1973 Code, § 2-4.301) (Ord. 651, eff. 6-20-1974)

The City Attorney shall be appointed by the Council, shall hold office during the pleasure of the Council and shall receive the compensation as is allowed by the Council.

(1973 Code, § 2-4.302) (Ord. 651, eff. 6-20-1974)

The City Attorney shall be the chief administrative officer of the Legal Department. He or she shall be responsible for the performance of all the functions of the Department.

(1973 Code, § 2-4.303) (Ord. 651, eff. 6-20-1974)

In addition to the powers and duties prescribed by law, the City Attorney shall have the power and be required to:

1. Represent and advise the Council and the city officers on all matters of law pertaining to their offices;

2. Represent and appear for the city in any and all actions and proceedings in which the city is concerned or is a party and represent and appear for any city officer or employee, or former city officer or employee, in any and all actions and proceedings in which any such city officer or employee is concerned or is a party for any action arising out of his or her employment or by reason of his or her official capacity, and which representation is not a conflict of interest in his or her representation of the city;

3. Attend all meetings of the Council and give his or her advice or opinion in writing whenever requested in writing so to do by the Council or any of the officers, boards and commissions of the city;

4. Approve the form of all contracts made by and bonds given to the city;

5. Prepare any and all proposed ordinances and resolutions for the city and amendments thereto; and

6. Settle, compromise or dismiss any disputed claim of the city or any disputed claim against the city when authorized and directed to do so by the Council.

(1973 Code, § 2-4.304) (Ord. 651, eff. 6-20-1974)

32 Personnel Department (Section 32.080)

The functions of the Personnel Department and the powers and duties of the Personnel Director shall be as set forth herein.

(1973 Code, § 2-4.601) (Ord. 651, eff. 6-20-1974)

32 Finance Department (Sections 32.095-32.097)

The office of the Director of Finance is hereby established. All references in this code to the "Director of Finance" or "Finance Director" shall also mean the "Administrative Services Director."

(1973 Code, § 2-4.701) (Ord. 651, eff. 6-20-1974)

HISTORY

Amended by Ord. 22-07 on 11/28/2022

1. The Director of Finance shall be the chief administrative officer of the Finance Department, subject to the administrative direction of the City Manager.

2. The Director of Finance shall supervise and control all the divisions of the Department and be responsible for the performance of all the functions of the Department.

(1973 Code, § 2-4.702) (Ord. 651, eff. 6-20-1974)

The functions of the Finance Department shall be as follows:

1. To perform or supervise the performance of all accounting of funds, revenues, receipts, expenditures and financial commitments of the city;

2. To estimate, plan and program the financial activities of the city;

3. To purchase materials and services for the city; and

4. To perform such other functions relating to fiscal matters as may be required by the City Manager.

(1973 Code, § 2-4.703) (Ord. 651, eff. 6-20-1974)

32 Police Department (Sections 32.110-32.111)

• 32.110 Chief Of Police

• 32.111 Police Department; Functions

1. The Chief of Police shall be the chief administrative officer of the Police Department, subject to the administrative direction of the City Manager.

2. He or she:

   1. Shall be appointed by the City Manager with the consent of the City Council;

   2. Shall hold office during the pleasure of the City Manager; and

   3. Shall receive compensation and is allowed by the Council.

3. The Chief of Police shall supervise and be responsible for the performance of all the functions of the Police Department.

HISTORY

Amended by Ord. 15-02 on 7/27/2015 Amended by Ord. 18-07 on 7/9/2018 32.111 Police Department; Functions

The functions of the Police Department shall be as follows:

1. To maintain law and order in the city;

2. To enforce in the city all the laws of the United States, the state, the county and the city which are not specifically and exclusively the responsibility of some other office or agency;

3. To observe and report to the Public Works Director inoperative or damaged streetlights, signs, trafficcontrol devices and structures;

4. To operate the police radio system;

5. To promote the proficiency of the members of the Police Department by the administration of training, study and physical conditioning programs;

6. To promote traffic safety; and

7. To perform such other functions relating to police work as may be required by the City Manager.

HISTORY

Adopted by Ord. 15-02 on 7/27/2015 Amended by Ord. 18-07 on 7/9/2018 Amended by Ord. 25-05 on 10/27/2025 32 Fire Department (Sections 32.125-32.126)

The functions of the Fire Department shall be as follows:

1. To promote the proficiency of the members of the Fire Department by the administration of training, study and physical conditioning programs;

2. To prevent and extinguish fires and to manage equipment necessary therefor;

3. To inspect premises for fire hazards, and if practicable, to abate those hazards in accordance with applicable laws of the United States, the state, the county and the city;

4. To encourage and promote removal of wood fuels to provide sufficient defensible space on lands directly adjoining city boundaries and within the city and, when appropriate, to coordinate with federal, state and other local governments, the local fire safe council, as well as private parties in this effort; and

5. To perform such other functions relating to fire safety, suppression, and prevention as may be required by the City Manager.

HISTORY

Adopted by Ord. 18-07 on 7/9/2018 32.126 Fire Chief

1. The Fire Chief shall be the chief administrative officer of the Fire Department, subject to the administrative direction of the City Manager.

2. He or she:

   1. Shall be appointed by the City Manager;

   2. Shall hold office during the pleasure of the City Manager; and

   3. Shall receive compensation as is allowed by the Council.

3. The Fire Chief shall supervise and be responsible for the performance of all the functions of the Fire Department.

HISTORY

Adopted by Ord. 18-07 on 7/9/2018 32 Planning Department (Sections 32.140-32.143)

25-05 on 10/27/2025 32.140 Planning Director

The Office of the Planning Director is hereby established.

(1973 Code, § 2-4.1001) (Ord. 651, eff. 6-20-1974; Am. Ord. 88-3, eff. 5-11-1988; Am. Ord. 14-04, eff. 10-222014)

HISTORY

Amended by Ord. 22-07 on 11/28/2022

Amended by Ord. 25-05 on 10/27/2025

The Planning Director shall be the chief administrative officer of the Planning Department, subject to the administrative direction of the City Manager. The Planning Director shall supervise and be responsible for the performance of all the functions of the Planning Department and shall have all of the powers and duties set forth herein. He or she shall also supervise the Building Inspection Division and the building official. In the event that a Planning Director has not been appointed, the City Manager shall serve in that role.

(1973 Code, § 2-4.1002) (Ord. 651, eff. 6-20-1974; Am. Ord. 88-3, eff. 5-11-1988; Am. Ord. 14-04, eff. 10-222014)

HISTORY

Amended by Ord. 25-05 on 10/27/2025

The Planning Director may temporarily assign personnel from the Planning Department to other departments to meet emergencies and to permit the efficient utilization of personnel during periods of work variation.

(1973 Code, § 2-4.1003) (Ord. 651, eff. 6-20-1974; Am. Ord. 88-3, eff. 5-11-1988)

HISTORY

Amended by Ord. 25-05 on 10/27/2025 32.143 Planning Department; Functions

The Planning Department shall:

A. Perform staff work pertaining to the development of the city;

B. File documents, charges and maps pertaining to city planning and to business of the Planning Commission;

C. Prepare all agendas for meetings of the Planning Commission and organize the data necessary for Planning Commission deliberations;

D. Receive and process all communications and applications to the Planning Commission and submit recommendations for action thereon; E. Make studies, surveys, maps, charts and analyses relating to the general plan and zoning provisions;

F. Perform such other functions relating to planning, developments, or other functions of the Planning Department as may be required by this code or by the City Manager.

(1973 Code, § 2-4.1004) (Ord. 651, eff. 6-20-1974; Am. Ord. 88-3, eff. 5-11-1988; Am. Ord. 14-04, eff. 10-222014)

HISTORY

Amended by Ord. 22-07 on 11/28/2022 Amended by Ord. 25-05 on 10/27/2025 32 Airport Department (Sections 32.155-32.157)

The Office of the Airport Manager is hereby established.

(1973 Code, § 2-4.1101) (Ord. 651, eff. 6-20-1974)

The Airport Manager shall be the chief administrative officer of the Airport Department, subject to the administrative direction of the City Manager. The Airport Manager shall supervise and be responsible for the performance of all the functions of the Department and shall have the powers and duties set forth herein.

(1973 Code, § 2-4.1102) (Ord. 651, eff. 6-20-1974)

The functions of the Airport Department shall be as follows:

1. To operate the Auburn Municipal Airport for the maximum benefit and service to the using public and public in general;

2. To accomplish all required liaison between the city and such other persons and agencies as may affect airport administration;

3. To administer leases and all other agreements pertaining to the use of the airport;

4. To promote industrial and commercial development for the airport;

5. To insure that all regulations pertaining to airport use are enforced; and

6. To perform such other functions relating to airport use and operation as may be required by the City Manager.

(1973 Code, § 2-4.1103) (Ord. 651, eff. 6-20-1974)

32 Public Works Department (Sections 32.160-32.163)

• 32.161 Public Works Director, Powers And Duties

• 32.163 Public Works Department, Functions

The Office of the Public Works Director is hereby established.

HISTORY

Adopted by Ord. 25-05 on 10/27/2025

The Public Works Director shall be the chief administrative officer of the Public Works Department, subject to the administrative direction of the City Manager. He or she shall supervise and be responsible for the performance of all the functions of the Public Works Department, including but not limited to planning, engineering, capital improvements and maintenance, building, inspection and code enforcement, and shall

have all of the powers and duties set forth herein. The Public Works Director shall assume the statutory powers and duties of the City Engineer and Superintendent of Streets as required or may delegate those powers and duties to another.

HISTORY

Adopted by Ord. 25-05 on 10/27/2025 32.162 Assignment Of Personnel.

The Public Works Director may temporarily assign personnel from the Public Works Department to other departments to meet emergencies and to permit the efficient utilization of personnel during periods of work variation.

HISTORY

Adopted by Ord. 25-05 on 10/27/2025 32.163 Public Works Department, Functions

The Public Works Department shall:

• A. Perform or supervise the performance of all the engineering work of the city;

• B. Perform or supervise and inspect all construction work of the City;

C. Maintain all rights-of-way, structures, grounds, equipment, and utilities of the city not made the specific responsibility of some other department under this code;

D. Operate all devices, equipment, and utilities of the city not made the specific responsibility of some other department under this code; and

• E. Safely keep all data, records, maps, surveys, and measurements made.

• F. Perform such other functions as may be required by this code or by the City Manager.

HISTORY

Adopted by Ord. 25-05 on 10/27/2025 32 Economic Development Department (Sections 32.170-32.173) 32.170 Economic Development Director 32.171 Economic Development Director, Powers And Duties 32.172 Assignment Of Personnel 32.173 Economic Development Department Functions

The Office of the Economic Development Director is hereby established.

HISTORY

Adopted by Ord. 25-05 on 10/27/2025

The Economic Development Director shall be the chief administrative officer of the Economic Development Department, subject to the administrative direction of the City Manager. The Economic Development Director shall supervise and be responsible for the performance of all the functions of the Economic Development Department and shall have all of the powers and duties set forth herein. In the event that an Economic Development Director has not been appointed, the City Manager shall serve in that role.

HISTORY

Adopted by Ord. 25-05 on 10/27/2025 32.172 Assignment Of Personnel

The Economic Development Director may temporarily assign personnel from the Economic Development Department to other departments to meet emergencies and to permit the efficient utilization of personnel during periods of work variation.

HISTORY

Adopted by Ord. 25-05 on 10/27/2025 32.173 Economic Development Department Functions

The Economic Development Department shall:

A. Perform staff work pertaining to the economic development of the city;

B. Support ongoing commercial projects, light industrial and commercial project development, expanded retail development and local labor force enhancement programs;

C. Works with relevant economic and business groups, and organizations at the local, regional, state and national levels;

D. Coordinates economic development strategies for use of redevelopment and/or other related programs in designated areas;

E. Make studies, surveys, maps, charts and analyses relating to the general plan and zoning provisions;

F. Perform the functions of the Airport Manager under sections 32.155-32.157;

G. Perform such other functions relating to economic developments, or other functions of the Economic Development Department as may be required by this code or by the City Manager

HISTORY

Adopted by Ord. 25-05 on 10/27/2025

33 FINANCE, LICENSING AND TAXATION

33 Business Licensing (Sections 33.001-33.012)

33 Taxes; Gross Receipts (Sections 33.025-33.032) 33 Taxes; Flat Rates (Sections 33.045-33.063) 33 Old Town Auburn Business Improvement District (Sections 33.075-33.085) 33 Downtown Business Improvement District (Sections 33.095-33.104)

33 Claims Against The City (Sections 33.115-33.116) 33 Documentary Stamp Taxes (Sections 33.125-33.131) 33 Property Taxes (Sections 33.145-33.147) 33 Sales And Use Taxes (Sections 33.160-33.174) 33 Transient Occupancy Taxes (Sections 33.185-33.197)

33 Historic Auburn Parking And Business Improvement Area (Sections 33.210-33.999)

33 Business Licensing (Sections 33.001-33.012)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BUSINESS . Professions, trades and occupations and all and every kind of calling, whether or not carried on for profit.

COLLECTOR . The city's Tax Collector, Finance Director or other city officer charged with the administration of the provisions of this subchapter.

GROSS RECEIPTS .

1. The total of the amounts actually received or receivable from sales and the total amounts actually received or receivable for the performance of any act or service, of whatever nature it may be, for which a charge is made or credit allowed, whether or not the act or service is done as a part of, or in connection with, the sale of materials, goods, wares or merchandise.

2. Included in GROSS RECEIPTS shall be all receipts, cash, credits and property of any kind or nature without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable or losses or other expenses whatsoever.

3. Excluded from GROSS RECEIPTS shall be the following:

   1. Cash discounts allowed and taken on sales;

   2. Credit allowed on property accepted as part of the purchase price and which property may later be sold;

   3. Any tax required by law to be included in, or added to, the purchase price and collected from the consumer or purchaser;

   4. The part of the sale price of property returned by purchasers upon rescission of the contract of sale as is refunded, either in cash or by credit;

   5. Amounts collected for others where the business is acting as an agent or trustee to the extent that the amounts are paid to those for whom collected; provided, the agent or trustee has furnished the Collector with the names and addresses of the others and the amounts paid to them;

   6. The portion of the receipts of a general contractor which represent payments to subcontractors; provided that, the subcontractors are licensed pursuant to the provisions of this subchapter, and provided the general contractor furnishes the Collector with the names and addresses of the subcontractors and the amounts paid each subcontractor;

   7. Receipts of refundable deposits, except that refundable deposits forfeited and taken into the income of the business shall not be excluded;

   8. As to a real estate agent or broker, the sales price of real estate sold for the account of others, except that portion which represents commission or other income to the agent or broker;

   9. As to a retail gasoline dealer, a portion of the dealer's receipts from the sale of motor vehicle fuels equal to the motor vehicle fuel license tax imposed by and previously paid pursuant to the provisions of Cal. Revenue and Taxation Code Part 2 of Division 2; and

   10. As to a retail gasoline dealer, the special motor fuel tax imposed by 26 U.S.C. § 4041 if paid by the dealer or collected by him or her from the consumer or purchaser.

PERSON . All domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, California business or common law trusts, societies and individuals transacting and carrying on any business in the city other than as an employee.

SALE .

1. The transfer, in any manner or by any means whatsoever, of title to property for a consideration; the serving, supplying or furnishing for a consideration of any property; and a transaction whereby the possession of property is transferred and the seller retains the title as security for the payment of the price.

2. The definition set forth herein shall not be deemed to exclude any transaction which is or which, in effect, results in a sale within the contemplation of law.

SWORN STATEMENT . An affidavit sworn to before a person authorized to take oaths or a declaration or certification made under penalty of perjury.

(1973 Code, § 3-1.101) (Ord. 611, eff. - -)

1. There are hereby imposed upon the businesses, trades, professions, callings and occupations set forth in this chapter license taxes in the amounts prescribed herein. It shall be unlawful for any person to transact and carry on any business, trade, profession, calling or occupation in the city without first having procured a license from the city so to do and paying the license tax prescribed or without complying with all the applicable provisions hereof.

2. Every person not having a fixed place of business within the city who engages in business within the city shall pay a license tax at the same rate set forth herein for persons engaged in the same type of business and having a fixed place of business within the city.

(1973 Code, § 3-1.102)

2. Every person required to have a license pursuant to the provisions of this chapter shall make an application to the Collector.

(1973 Code, § 3-1.103)

1. Upon the payment of the prescribed license tax, the Collector shall issue a license which shall contain:

   1. The name of the person to whom the license is issued;

   2. The business licensed;

   3. The place where the business is to be transacted and carried on;

   4. The date of the expiration of the license; and

   5. Such other information as may be necessary for the enforcement of the provisions of this chapter.

2. Whenever the tax imposed pursuant to the provisions of this chapter is measured by the number

• of vehicles, devices, machines or other pieces of equipment used, or whenever the license tax is measured by the gross receipts from the operation of the items, the Collector shall issue only 1 license; provided, however, the Collector may issue, for each tax period for which the license tax has been paid, one identification sticker, tag, plate or symbol for each item included in the

measure of the tax or used in a business where the tax is measured by the gross receipts from the items.

(1973 Code, § 3-1.104)

1. Upon a person making an application for the first license to be issued or for a newly- established business, the person shall furnish to the Collector a sworn statement, upon a form provided by the Collector, setting forth the following information:

   1. The exact nature or kind of business for which a license is requested;

   2. The place where the business is to be carried on and, if the business is not to be carried on at any permanent place of business, the places of residences of the owners of the business;

   3. In the event the application is made for the issuance of a license to a person doing business under a fictitious name, the application shall set forth the names and places of the residences of persons owning the business;

   4. In the event the application is made for the issuance of a license to a corporation or a partnership, the application shall set forth the names and places of residences of the officers or partners thereof;

2. In all cases where the amount of license tax to be paid is measured by gross receipts, the application shall set forth such information as may be therein required and as may be necessary to determine the amount of the license tax to be paid by the applicant; and

   6. Any further information which the Collector may require to enable him or her to issue the type of license applied for.

3. If the amount of the license tax to be paid by the applicant is measured by gross receipts, the applicant shall estimate the gross receipts for the period to be covered by the license to be issued. The estimate, if accepted by the Collector as reasonable, shall be used in determining the amount of license tax to be paid by the applicant; provided, however, the amount of the license tax so determined shall be tentative only, and the person, within 30 days after the expiration of the period for which the license was issued, shall furnish the Collector with a sworn statement, upon a form furnished by the Collector, showing the gross receipts during the period of the license, and the license tax for the period shall be finally ascertained and paid in the manner provided in this chapter for the ascertaining and paying of renewal license taxes for other businesses, after deducting from the payment found to be due the amount paid at the time the first license was issued.

4. The Collector shall not issue to any such person another license for the same or any other business until the person shall have furnished to the Collector the sworn statement and paid the license tax required by the provisions of this chapter.

(1973 Code, § 3-1.105)

3. In all cases, the applicant for the renewal of a license shall submit to the Collector for his or her guidance in ascertaining the amount of the license tax to be paid by the applicant a sworn statement, upon a form to be provided by the Collector, setting forth the information concerning the business of the applicant during the preceding year as may be required by the Collector to enable him or her to ascertain the amount of the license tax to be paid by the applicant pursuant to the provisions of this chapter.

(1973 Code, § 3-1.106)

4. All licenses issued pursuant to the provisions of this chapter shall be posted or carried in the following manner.

   1. Any licensee transacting and carrying on business at a fixed place of business in the city shall keep the license posted in a conspicuous place upon the premises where the business is carried on.

   2. Any licensee transacting and carrying on business, but not operating at a fixed place of business in the city, shall keep the license upon his or her person at all times while transacting and carrying on the business.

5. Whenever identifying stickers, tags, plates or symbols have been issued for each vehicle, device, machine or other piece of equipment included in the measure of a license tax, the person to whom such stickers, tags, plates or symbols have been issued shall keep firmly affixed upon each vehicle, device, machine or piece of equipment the identifying sticker, tag, plate or symbol which has been issued therefor at such locations as are designated by the Collector. The sticker, tag, plate or symbol shall not be removed from any vehicle, device, machine or piece of equipment kept in use during the period for which the sticker, tag, plate or symbol is issued.

   4. No person shall fail to affix, as required in division (E)(3), any identifying sticker, tag, plate or symbol to the vehicle, device, machine or piece of equipment for which such sticker, tag, plate or symbol has been issued at the location designated by the Collector. No person shall give away, sell, or transfer the identifying sticker, tag, plate or symbol to another person or permit its use by

another person.

(1973 Code, § 3-1.107)

5. A duplicate license may be issued by the Collector to replace any license previously issued pursuant to the provisions of this chapter, which license has been lost or destroyed, upon the licensee filing a statement of the fact and paying to the Collector a duplicate license fee of $1 at the time the statement is filed.

(1973 Code, § 3-1.108)

6. A separate license shall be obtained for each branch establishment or location of the business transacted and carried on and for each separate type of business at the same location and each license shall authorize the licensee to transact and carry on only the business licensed thereby at the location or in the manner designated in the license; provided, however, warehouses and distributing plants used in connection with and incidental to a business licensed pursuant to the provisions of this chapter shall not be deemed to be separate places of business or branch establishments; and provided, further, any person conducting 2 or more types of businesses at the same location and under the same management or at different locations, but which businesses use a single set or integrated set of books and records, may, at the person's option, pay only 1 tax calculated on all the gross receipts of the businesses under the schedule that applies to the type of business of the person which requires the highest percentage payment on the gross receipts, except that a license fee of $10 for each additional branch or location shall be paid upon the issuance of the license.

(1973 Code, § 3-1.109)

7. No license issued pursuant to the provisions of this chapter shall be transferable; provided, however, where a license is issued authorizing a person to transact and carry on a business at a particular place, the licensee may, upon application therefor and paying a fee of $1, have the license amended to authorize the transacting and carrying on of the business under the license at some other location to which the business is or is to be moved; and provided, further, a transfer, whether by sale or otherwise, to another person, under the circumstances that the real or ultimate ownership after the transfer is substantially similar to the ownership existing before the transfer, shall not be prohibited by the provisions of this section. For the purposes of this section, stockholders, bondholders, partnerships or other persons holding an interest in a corporation or other entity, and defined to be a person pursuant to the provisions of § 33.001, shall be regarded as having the real or ultimate ownership of the corporation or other entity.

(1973 Code, § 3-1.110)

(Ord. 611, eff. - -)

When any person shall, by the use of signs, circulars, cards, telephone books or newspapers, advertise, hold out or represent that he or she is in business in the city, or when any person holds an active license or permit issued by a governmental agency indicating that he or she is in business in the city, and such person fails to deny by a sworn statement given to the Collector that he or she is not conducting a business in the city after being requested to do so by the Collector, then these facts shall be considered prima facie evidence that he or she is conducting a business in the city.

(1973 Code, § 3-1.111) (Ord. 611, eff. - -)

1. The provisions of this chapter shall not be construed to require any person to obtain a license prior to doing business within the city if the requirement conflicts with applicable statutes of the United States or of the state.

2. Persons not required to obtain a license prior to doing business within the city nevertheless shall be liable for the payment of the tax imposed by the provisions of this chapter.

(1973 Code, § 3-1.112)

1. Authorized . The provisions of this chapter shall not be deemed or construed to apply to any person transacting and carrying on any business exempt by virtue of the Constitution or applicable statutes of the United States or the state from the payment of the taxes as are set forth in this chapter.

2. Sworn statements; filing . Any person claiming an exemption pursuant to the provisions of this section shall file a sworn statement with the Collector stating the facts upon which the exemption is claimed, and, in the absence of the statement substantiating the claim, the person shall be liable for the payment of the taxes imposed by the provisions of this subchapter.

3. Exempt licenses; issuance . The Collector shall, upon a proper showing contained in the sworn statement, issue a license to the person claiming an exemption pursuant to the provisions of this section without payment to the city of the license tax set forth in this subchapter.

4. Exempt licenses; revocation . The Collector, after giving notice and a reasonable opportunity for a hearing to a licensee, may revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to an exemption.

(1973 Code, § 3-1.113)

1. Tax adjustments; applications .

1. The license taxes provided for by this chapter shall not be so applied as to occasion an undue burden upon interstate commerce or be violative of the equal protection and due process clauses of the Constitutions of the United States and the state.

2. In any case where a license tax is believed by a licensee or an applicant for a license to place an undue burden upon interstate commerce or be violative of the constitutional clauses, the licensee or applicant may apply to the Collector for an adjustment of the tax. The application may be made before, at, or within 6 months after the payment of the prescribed license tax. The applicant shall, by sworn statement and supporting testimony, show his or her method of business, the gross volume or estimated gross volume of business and such other information as the Collector may deem necessary in order to determine the extent, if any, of the undue burden or violation.

3. Tax adjustments; granting . The Collector shall conduct an investigation and, after having first obtained the written approval of the City Attorney, shall fix as the license tax for the applicant an amount that is reasonable and nondiscriminatory or, if the license tax has already been paid, shall order a refund of the amount over and above the license tax so fixed. In fixing the license tax to be charged, the Collector shall have the power to base the license tax upon a percentage of gross receipts or any other measure which will assure that the license tax assessed shall be uniform with that assessed on businesses of a like nature, so long as the amount assessed does not exceed the license tax set forth in this chapter.

4. Tax adjustments; sworn statements; payment of adjusted taxes . Should the Collector determine the gross receipts measure of the license tax to be the proper basis, he or she may require the applicant to submit, either at the time of the termination of the business of the applicant in the city or at the end of each 3-month period, a sworn statement of the gross receipts and pay the amount of the license tax therefor; provided, however, no additional license tax during any 1 calendar year shall be required after the licensee shall have paid an amount equal to the annual license tax set forth in this subchapter.

(1973 Code, § 3-1.114)

(Ord. 611, eff. - -)

1. No statement required by the provisions of this subchapter shall be conclusive as to the matters set forth therein, nor shall the filing of such statements preclude the city from collecting by appropriate action such sums as are actually due and payable pursuant to the provisions of this chapter. The statements and each of the several items therein contained shall be subject to audit and verification by the Collector, his or her deputies or authorized employees of the city, who are hereby authorized to examine, audit and inspect the books and records of any licensee or applicant for a license as may be necessary in their judgment to verify or ascertain the amount of license tax due.

2. All persons subject to the provisions of this chapter shall keep complete records of business transactions, including sales, receipts, purchases and other expenditures, and shall retain all such records for examination by the Collector. The records shall be maintained for a period of at least 3 years. No person required to keep records pursuant to the provisions of this section shall refuse to allow authorized representatives of the Collector to examine the records at reasonable times and places.

(1973 Code, § 3-1.115)

2. It shall be unlawful for the Collector, or any person having an administrative duty pursuant to the provisions of this chapter, to make known in, any manner whatever the business, affairs, operations or information obtained by an investigation of the records and equipment of any person required to obtain a license or to pay a license tax, or of any other person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures or any particular thereof set forth in any statement or application, or to permit any statement or application, or copy of either, or any book containing any abstract or particulars thereof to be seen or examined by any person; provided, however, the provisions of this section shall not be construed to prevent:

   1. The disclosure to, or the examination of records and equipment by, another city official, employee or agent for the collection of taxes for the sole purpose of administering or enforcing any provisions of this chapter or collecting the taxes imposed by this chapter;

   2. The disclosure of information to, or the examination of records by, federal or state officials or the tax officials of another city or county, or city and county, if a reciprocal arrangement exists, or to a grand jury or court of law upon subpoena;

   3. The disclosure of information and the results of the examination of the records of particular taxpayers, or relating to particular taxpayers, to a court of law in a proceeding brought to determine the existence or amount of any license tax liability of the particular taxpayers to the city;

3. The disclosure, after the filing of a written request to that effect, to the taxpayer himself or herself, or to his or her successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, of information as to the items included in the measure of any paid tax or any unpaid tax or the amount of tax required to be collected, or interest and penalties; provided, however, the City Attorney shall approve each such disclosure, and the Collector may refuse to make any disclosure referred to in this subsection when, in his or her opinion, the public interest would suffer hereby;

4. The disclosure of the names and addresses of persons to whom licenses have been issued and the general type or nature of their business;

5. The disclosure by way of public meeting or otherwise of the information as may be necessary to the Council in order to permit the Council to be fully advised of the facts when a taxpayer files a claim for the refund of license taxes, or submits an offer of compromise with regard to a claim asserted against him or her by the city for license taxes or when acting upon any matter; and

6. The disclosure of general statistics regarding taxes collected or business done in the city.

(1973 Code, § 3-1.116)

1. If any person fails to file any required statement within the time prescribed, or if, after demand therefor made by the Collector, any person fails to file a corrected statement, or if any person subject to the tax imposed by this chapter fails to apply for a license, the Collector may determine the amount of license tax due from the person by means of the information as the Collector may be able to obtain.

2. If the Collector is not satisfied with the information supplied in statements or applications filed, the Collector may determine the amount of the license tax due by means of any information the Collector may be able to obtain.

3. If such a determination is made, the Collector shall give a notice of the amount so assessed by serving the notice personally or by depositing the notice in the United States Post Office at Auburn, California, postage prepaid, addressed to the person so assessed at his or her last known address. The person may, within 15 days after the mailing or serving of the notice, make an application in writing to the Collector for a hearing on the amount of the license tax. If such an application is made, the Collector shall cause the matter to be set for a hearing before the Council within 15 days. The Collector shall give at least 10 days' notice to the person of the time and place of the hearing in the manner set forth in this section for serving notices of assessment. The Council shall consider all evidence produced and shall make findings thereon, which shall be final. A notice of the findings shall be served upon the applicant in the manner set forth in this section for serving notices of assessment.

(1973 Code, § 3-1.117)

3. In addition to all other power conferred upon him or her, the Collector shall have the power, for good cause shown, to extend the time for filing any required sworn statement or application for a period not exceeding 30 days and in such case to waive any penalty which would otherwise have accrued, except that 6% simple interest shall be added to any tax determined to be payable.

(1973 Code, § 3-1.118)

(Ord. 611, eff. - -)

1. Filing . Any person aggrieved by any decision of the Collector with respect to the issuance or refusal to issue a license required by the provisions of this chapter may appeal to the Council by filing a notice of appeal with the Clerk of the Council.

2. Hearings; time and place . The Council shall thereupon fix a time and place for hearing the appeal.

3. Hearings; notices . The Clerk of the Council shall give notice to the person of the time and place of the hearing by serving the notice personally or by depositing it in the United States Post Office at Auburn, California, postage prepaid, addressed to the person at his or her last known address.

4. Hearings; determinations . The Council shall have the authority to determine all questions raised on the appeal. No such determination shall conflict with any substantive provision of this chapter.

(1973 Code, § 3-1.119) (Ord. 611, eff. - -)

1. Unless otherwise specifically provided, all annual license taxes required by the provisions of this chapter shall be due and payable in advance on July 1 of each year; provided, however, license taxes for new operations commenced after July 1 may be prorated for the balance of the license period but not for less than ½ the full license fee. Licenses, other than for an annual period, shall not be prorated.

2. Except as otherwise provided in this section, license taxes, other than annual, shall be due and payable as follows:

   1. Semi-annual license taxes measured by gross receipts, on January 1 and July 1 of each year;

   2. Quarterly license taxes measured by gross receipts, on January 1, April 1, July 1 and October 1 of each year;

   3. Monthly license taxes measured by gross receipts, on the first day of each and every month;

   4. Weekly flat-rate license taxes, on Monday of each week in advance;

   5. Daily flat-rate license taxes, each day in advance; and

   6. Other flat-rate license taxes shall be payable in advance on the first day of business and thereafter on the first day of any applicable period.

(1973 Code, § 3-1.120)

2. For failure to pay a license tax when due, the Collector shall add a penalty of 10% of the license tax on the last day of each month after the due date thereof; provided, however, the amount of the penalty to be added shall in no event exceed 50% of the amount of the license tax due.

(1973 Code, § 3-1.121)

1. No license, sticker, tag, plate or symbol shall be issued, nor 1 which has been suspended or revoked shall be reinstated or reissued, to any person who, at the time of applying therefor, is indebted to the city for any delinquent license taxes unless the person, with the consent of the Collector, enters into a written agreement with the city, through the Collector, to pay the delinquent taxes, plus 6% simple annual interest upon the unpaid balance, in monthly installments, or oftener, extending over a period of not to exceed 1 year.

2. In any agreement so entered into, the person shall acknowledge the obligation owed to the city and agree that, in the event of any failure to make the timely payment of any installment, the whole amount unpaid shall become immediately due and payable and that his or her current license shall be revocable by the Collector upon 30 days' notice. In the event legal action is

brought by the city to enforce the collection of any amount included in the agreement, the person shall pay all the costs of the suit incurred by the city or its assignee, including a reasonable attorney's fee. The execution of such an agreement shall not prevent the prior accrual of penalties on unpaid balances at the rate of 6% simple annual interest upon the unpaid balance, but no penalties shall accrue on account of the taxes included in the agreement, after the execution of the agreement, and the payment of the first installment and during such time as such person shall not be in breach of the agreement.

(1973 Code, § 3-1.122)

3. The amount of any license tax and penalty imposed by the provisions of this chapter shall be deemed a debt to the city. An action may be commenced in the name of the city in any court of competent jurisdiction for the amount of any delinquent license tax and penalty.

(1973 Code, § 3-1.123)

4. Persons required to pay a license tax for transacting and carrying on any business pursuant to the provisions of this chapter shall not be relieved from the payment of any license tax for the privilege of doing the business required by any other law of the city, and such person shall remain subject to the regulatory provisions of such other laws.

(1973 Code, § 3-1.124)

5. No refund of an overpayment of the taxes imposed by this chapter shall be allowed in whole, or in part, unless a claim for a refund is filed with the Collector within a period of 3 years from the last day of the calendar month following the period for which the overpayment was made, and all such claims for a refund of the amount of the overpayment shall be filed with the Collector on forms furnished by him or her and in the manner prescribed by him or her. Upon the filing of such a claim, and when he or she determines that an overpayment has been made, the Collector may refund the amount overpaid.

(1973 Code, § 3-1.125)

(Ord. 611, eff. - -)

The provisions of this chapter are enacted solely to raise revenue for municipal purposes and are not intended for regulation.

(1973 Code, § 3-1.126) (Ord. 611, eff. - -)

1. Neither the adoption of this chapter nor its superseding of any portion of any other law of the city shall in any manner be construed to affect any prosecution for the violation of any other law committed prior to July 1, 1971, nor be construed as a waiver of any license or any penal provision applicable to any such violation, nor be construed to affect the validity of any bond or cash deposit required by any law to be posted, filed or deposited, and all rights and obligations thereunto appertaining shall continue in full force and effect.

2. Where a license for revenue purposes has been issued to any person by the city, and the tax has been paid for the business for which the license was issued pursuant to the provisions of any law heretofore enacted, and the term of the license has not expired, the license tax prescribed for the business by this

chapter shall not be payable until the expiration of the term of the unexpired license.

(1973 Code, § 3-1.127) (Ord. 611, eff. - -)

1. The Collector may make rules and regulations not inconsistent with the provisions of this chapter as may be necessary or desirable to aid in the enforcement of the provisions of this chapter.

2. The rates of tax set forth in §§ 33.025 may be changed from time to time by resolution of the Council.

(1973 Code, § 3-1.128) (Ord. 611, eff. - -)

1. Duties of Collector and Police Chief . It shall be the duty of the Collector, and he or she is hereby directed, to enforce each and all of the provisions of this chapter, and the Police Chief shall render such assistance in such enforcement as may from time to time be required by the Collector or the Council.

2. Inspections . The Collector, in the exercise of the duties imposed upon him or her by the provisions of this section, and acting through his deputies or duly authorized assistants, shall examine, or cause to be examined, all places of business in the city to ascertain whether the provisions of this chapter are being complied with.

3. Right of entry . The Collector and each and all of his or her assistants and any police officer shall have the power and authority, upon obtaining an inspection warrant therefor, to enter, free of charge and at any reasonable time, any place of business required by the provisions of this chapter to be licensed and demand an exhibition of the license.

4. Failure to comply . Any person having such license theretofore issued in his or her possession or under his or her control and who wilfully fails to exhibit the license on demand shall be guilty of a misdemeanor and subject to the penalties provided for by the provisions of this chapter. It shall be the duty of the Collector and each of his or her assistants to cause a complaint to be filed against any and all persons found to be violating any of the provisions of this chapter.

(1973 Code, § 3-1.129) (Ord. 611, eff. - -)

1. Should the City Manager at any time determine that the premises in which any business is conducted is in unsanitary condition, dangerous to adjacent property, or that the business is being operated in such a way as to injure, offend, or affect the public health, peace, safety, morals, or welfare, the City Manager or his or her designee may revoke the license for such business, and no further license for any business conducted at the premises may be issued without the written authorization of the City Manager or his or her designee.

2. The revocation of a license pursuant to this section shall be effective 10 days after:

   1. Written notice thereof is deposited in the U.S. Mail, postage prepaid, return receipt requested, addressed to the licensee at the address of the business; or

   2. Written notice thereof is personally delivered to or received by the licensee.

3. The revocation of a license pursuant to this section shall be appealable to the City Council within 10 days after mailing or receipt of the written notice thereof. An appeal shall be filed in writing with the City Clerk. A timely filed appeal shall thereafter be set for hearing before the City Council which may affirm or reverse the revocation.

(Ord. 18-04, passed 4-23-2018)

33 Taxes; Gross Receipts (Sections 33.025-33.032) 33.025 Rates; Reclassifications

1. Rates . Every person who engages in business at a fixed place of business within the city, except for the businesses otherwise specifically provided for in this subchapter and in §§ 33.045, shall pay a license tax based upon gross receipts at the following rates in the following classifications:

2. Reclassifications; applications . In any case where a licensee or an applicant for a license believes that his or her individual business is not assigned to the proper classification because of circumstances peculiar to it, as distinguished from other businesses of the same kind, the licensee or applicant for a license may apply to the Collector for a reclassification. The application shall contain such information as the Collector may deem necessary and require in order to determine whether the applicant's individual business is properly classified.

3. Reclassifications; applications; recisions .

   1. The Collector shall then conduct an investigation following which he or she shall assign the individual business of the applicant to the classification shown to be proper on the basis of the investigation.

   2. The proper classification shall be that classification which, in the opinion of the Collector, most nearly fits the individual business of the applicant. The reclassification shall not be retroactive, but shall apply at the time of the next regularly ensuing calculation of the tax payable by the applicant.

   3. No business shall be classified more than once in 1 year.

4. Reclassifications; notices . The Collector shall notify the applicant of the action taken on the application for a reclassification. The notice shall be given by serving the notice personally or by depositing the notice in the United States Post Office at Auburn, California, postage prepaid, addressed to the applicant at his or her last known address.

5. Reclassifications; hearings; requests . The applicant may, within 15 days after the mailing or serving of the notice, make a written request to the Collector for a hearing on the application for a reclassification. If the request is made within the time prescribed, the Collector shall cause the matter to be set for hearing before the Council within 15 days.

6. Reclassifications; hearings; notices . The Collector shall give the applicant at least 10 days' notice of the time and place of the hearing in the manner set forth in this section for serving notice of the action taken on the application for a reclassification.

7. Reclassifications; hearings; findings; notices . The Council shall consider all evidence adduced and its findings thereon shall be final. Written notice of such findings shall be served upon the applicant in the manner set forth in this section for serving notice of the action taken on the application for a reclassification.

(1973 Code, § 3-1.201) (Ord. 611, eff. - -)

Every person transacting and carrying on the following Class "A" businesses shall pay a license tax of $25 per year:

1. Advertisement and bill posters;

2. Ambulance services, independent from undertaking;

3. Answering services;

4. Auctioneers;

5. Barber shops;

6. Bar/cocktail lounges selling non-alcoholic beverages;

7. Baths, Turkish or steam;

8. Beauty parlors;

9. Bicycle sales and/or repairs;

10. Boardinghouses and/or rest homes;

11. Catering services;

12. Dairies, including milk deliveries;

13. Dancing academies;

14. Gardeners, professional;

15. Health studios and related services;

16. Home sales, per salesperson;

17. Janitorial services;

18. Jewelry, manufacturing and/or rock shops;

19. Kennels;

20. Laundries, hand;

21. Liquor stores selling non-alcoholic beverages;

22. Locksmiths;

23. Machine shops;

24. Magazines and papers;

25. Mail order businesses, home;

26. Music machines, coin-operated;

27. Musical lessons; 28. Pawnshops; 29. Repair shops; 30. Riding academies;

28. Scavengers; 32. Security police; 33. Services; 34. Shoe repair shops; 35. Shoe shine stands; 36. Sign painters; 37. Skating rinks;

29. Stud and/or bull services;

30. Swimming pools, commercial;

31. Tailors; 41. Taxicabs; 42. Taxidermists; 43. Typewriter and business machine dealers and/or repairpersons;

32. Warehouses, storage;

33. Watch repairs; 46. Welding; 47. Wig distributors; and

34. Yards, fruit drying.

(1973 Code, § 3-1.202) (Ord. 611, eff. - -)

Every person transacting and carrying on the following Class "B" businesses shall pay a license tax of $35 per year:

1. Bakeries; 2. Beverage distributors or agents; 3. Bottling works; 4. Electrical appliance and/or radio services; 5. Equipment rentals; 6. Fertilizer dealers; 7. Florists; 8. Garages without car sales; 9. Golf courses, miniature; 10. Manufacturers; 11. Music stores; 12. Plumbing supplies, retail; 13. Printers; 14. Upholsters; and 15. Travel agencies.

(1973 Code, § 3-1.203) (Ord. 611, eff. - -; Am. Ord. 661, eff. 1-16-1975)

Every person transacting and carrying on the following Class "C" businesses shall pay a license tax of $75 per year:

1. Accountants; 2. Automotive body and fender shops; 3. Broadcasting stations; 4. Broker and commission merchants; 5. Bus depots; 6. Car washes; 7. Cleaning and dyeing; 8. Collection agencies and credit associations; 9. Food lockers; 10. Hatcheries; 11. Laundries, coin; 12. Nurseries; 13. Photographers; 14. Real estate appraisers; 15. Real estate offices or agents; 16. Sheet metal shops; 17. Tax consultants; and 18. Transportation, passenger, other than taxicab.

(1973 Code, § 3-1.204) (Ord. 611, eff. - -; Am. Ord. 661, eff. 1-16-1975)

Every person transacting and carrying on the following Class "D" professional businesses shall pay a license tax of $100 per year per person:

1. Architects; 2. Attorneys; 3. Chiropractors; 4. Dentists; 5. Engineers, professional; 6. Opticians; 7. Optometrists and oculists; 8. Orthodontists; 9. Pathologists; 10. Physicians; 11. Podiatrists; 12. Radiologists; 13. Undertakers; 14. Veterinarians; and 15. X-ray or other laboratories.

(1973 Code, § 3-1.205) (Ord. 611, eff. - -; Am. Ord. 661, eff. 1-16-1975)

Every person transacting and carrying on the following Class "E" businesses shall pay a license tax of $100 per year:

1. Abstract title companies;

2. Building and loan offices;

3. Cycleries, motored; 4. Feed and seed;

4. Fruit buyers or shippers;

5. Golf courses;

6. Hospitals, sanitariums and convalescent homes;

7. Newspapers;

8. Pool halls and billiard halls;

9. Service stations; and 11. Van and storage.

(1973 Code, § 3-1.206) (Ord. 611, eff. - -; Am. Ord. 661, eff. 1-16-1975)

Every person transacting and carrying on the following Class "F" businesses shall pay a license tax of $125 per year: theaters.

(1973 Code, § 3-1.207) (Ord. 611, eff. - -)

Every person transacting and carrying on the following Class "G" businesses shall pay a license tax of $200 per year:

1. Auction houses; and 2. Used equipment.

(1973 Code, § 3-1.208) (Ord. 611, eff. - -)

33 Taxes; Flat Rates (Sections 33.045-33.063) 33.045 Amusements 33.046 Apartment Houses 33.047 Auto Courts And Motels 33.048 Bowling Lanes 33.049 Circuses And Carnivals 33.050 Circus Parades 33.051 [Reserved] 33.052 Dances 33.053 Junk Dealers 33.054 Junk Yards 33.055 Peddlers, Solicitors And Vendors 33.056 Street Stands 33.057 Transportation; Freight Hauling

The license tax for conducting any amusement business not otherwise provided for in this subchapter shall be $5 per day or $30 per week for each amusement business.

(1973 Code, § 3-1.301) (Ord. 611, eff. - -)

The license tax for carrying on apartment house businesses shall be $10 per year per building containing not less than 3 living units and not more than 6 living units; for more than 6 living units per building, the license tax shall be $10 for the first 6 units and $2 for each additional unit per building per year.

(1973 Code, § 3-1.302) (Ord. 611, eff. - -)

The license tax for conducting auto court and motel businesses shall be $3 per unit per year.

(1973 Code, § 3-1.303) (Ord. 611, eff. - -)

The license tax for conducting a bowling lane business shall be $35 per year for the first lane and $15 per year for each additional lane.

(1973 Code, § 3-1.304) (Ord. 611, eff. - -)

The license tax for conducting circuses, carnivals and trained animal shows shall be $50 per day or $250 per week.

(1973 Code, § 3-1.305) (Ord. 611, eff. - -)

The license tax for conducting circus parades shall be $50 per parade.

(1973 Code, § 3-1.306) (Ord. 611, eff. - -)

1. The license tax for holding dances for profit shall be $5 for each dance.

2. Dances held by social or fraternal organizations in the city where the organizations sponsor and do all the work for giving the dance and all the profit, if any, goes to the social or fraternal organizations, shall not be held to be dances for profit pursuant to the provisions of this section and shall be exempt from licensing.

(1973 Code, § 3-1.308) (Ord. 611, eff. - -)

The license tax for buying and/or collecting bottles, bones, metals or refuse materials usually known as junk shall be $25 per year where no fixed place of business is operated in the city.

(1973 Code, § 3-1.309) (Ord. 611, eff. - -)

The license tax for conducting a fixed place of business for the sale and/or collections of rags, bottles, bones, metals and/or refuse materials usually known as junk shall be $50 per year.

(1973 Code, § 3-1.310) (Ord. 611, eff. - -)

1. The license tax for selling, offering for sale, taking orders for or soliciting the sale of any goods, wares, merchandise or other personal property the subject of sale or trade, whether for present or future delivery, on any street, public place, vacant lot, by house-to-house canvass, or by traveling from place to place in the city, including sales by sample and including the taking or soliciting of orders for future delivery of prints, pictures, newspapers, magazines, clothing, fixtures, machines, appliances and all other articles or things to be made, produced, combined or manufactured shall be $20 per agent per day if the licensee has no fixed place of business in the city.

2. If the licensee has a fixed place of business in the city, the gross sales of the merchant shall apply.

(1973 Code, § 3-1.311) (Ord. 611, eff. - -)

The license tax for operating stands upon streets or other public places for the sale of merchandise shall be $5 per day.

(1973 Code, § 3-1.312) (Ord. 611, eff. - -)

1. The license tax for operating any truck, dray or other vehicle for hauling or transporting any goods, wares or merchandise for hire in the city shall be $50 per year.

(1973 Code, § 3-1.313)

2. The license tax for every person not having a fixed place of business within the city who delivers any goods, wares or merchandise of any kind from outside the city to the inside of the city shall be $50 per year.

(1973 Code, § 3-1.314) (Ord. 611, eff. - -)

The license tax for the business of used car lot dealers and sales lots, if the business is conducted with a garage, shall be based on the annual gross receipts; if operated independently, the license shall be $150 per year.

(1973 Code, § 3-1.315) (Ord. 611, eff. - -)

The license tax for keeping or conducting vending machines shall be $6 per year for the first machine and $3 per year for each additional machine, except in the case of machines operated by a charitable or service organization.

(1973 Code, § 3-1.316) (Ord. 611, eff. - -)

The license tax for the business of wrecking automobiles or maintaining yards for the keeping of wrecked automobiles and sales of parts therefrom shall be $100 per year.

(1973 Code, § 3-1.317) (Ord. 611, eff. - -)

The license tax for the business of contracting, whether as a general contractor, special contractor or subcontractor, shall be $100 per year; provided that, in the event of the performance of the business of contracting within the city for less than 1 year, the business tax may be paid quarterly at the rate of $30, payable upon the commencement of such business and thereafter on January 1, April 1, July 1 and October 1 of each year, no portion of which shall be refundable.

(1973 Code, § 3-1.318) (Ord. 661, eff. 1-16-1975; Am. Ord. 684, eff. 6-9-1976)

The business license tax for every person transacting and carrying on any business within the city, as described in this subchapter and in §§ 33.025, shall be increased by 10% of the amount specified therein, effective July 1, 1978.

(1973 Code, § 3-1.319) (Ord. 729, eff. 7-1-1978)

The license tax for the business of real estate offices or agents having their principal place of business outside the city, but actually doing business within the city, shall be in the amount set forth in §§ 33.028 and 33.062; provided that, in the event of the performance of the businesses within the city for less than 1 year, the business tax may be paid in 4 equal installments quarterly, payable upon the commencement of the business and thereafter on January 1, April 1, July 1 and October 1 of each year, no portion of which shall be refundable.

(1973 Code, § 3-1.320) (Ord. 753, eff. 7-23-1980)

33 Old Town Auburn Business Improvement District (Sections 33.075-33.085)

33.075 Establishment

33.076 Public Hearings And Findings

33.077 Boundaries

33.078 Definitions

33.079 Assessment

33.080 Purposes

33.081 Exclusions From Benefit Assessment

33.082 No New Business Assessment Waiver

33.083 Collection Of Benefit Assessment

33.084 Voluntary Contributions

33.085 Annual Budget Process

An improvement area to be known as the Old Town Auburn Business Improvement District is hereby established pursuant to the provisions of the Parking and Business Improvement Area Law of 1989, Cal. Streets and Highways Code §§ 36500 et seq.

(Ord. 02-03, eff. 8-7-2002)

1. 1. The City Council held all public hearings, and has made all necessary findings, concerning the formation of this improvement district as required by the Parking and Business Improvement Area Law of 1989, Cal. Streets and Highways Code §§ 36500 et seq. On June 10, 2002, the City Council adopted Res. 02-03, setting forth its intention to establish a Parking and Business Improvement Area for Old Town Auburn.

   2. On July 8, 2002 a public hearing was held at the regular meeting of the City Council at City Hall concerning the establishment of the area. The City Council heard and considered all protests and did not receive protests sufficient to constitute a majority. The City Council resolved to establish the Old Town Auburn Business Improvement District as set forth in the exhibit referred to herein.

2. The City Council finds that the businesses and property within the area will be benefitted by the improvements and activities funded by the assessments to be levied.

(Ord. 02-03, eff. 8-7-2002)

The boundaries of the Old Town Auburn Business Improvement District are hereby established as set forth on the map following this chapter and designated as Exhibit "A."

(Ord. 02-03, eff. 8-7-2002)

In order to distinguish between businesses within the Old Town Auburn Business Improvement District, the following category definitions shall apply for purposes of this subchapter:

RETAIL BUSINESSES . Those businesses that buy and resell goods or any business required to maintain a resale permit from the State of California Board of Equalization. Examples include, but are not limited to gift shops, art stores, antique shops, clothing stores, restaurants, bars, lodging businesses or stores.

SERVICE BUSINESSES . All other business not involved in the sale of goods or not required to maintain a resale permit from the State of California Board of Equalization. Examples include, but are not limited to professional services, attorneys, accountants, licensed health care professionals, real estate services, insurance services and the like.

(Ord. 02-03, eff. 8-7-2002)

All retail businesses and all service businesses located within the Old Town Auburn Business Improvement District area shall pay an annual assessment to the city, the amount of which shall be established from time to time by resolution of the City Council.

(Ord. 02-03, eff. 8-7-2002; Am. Ord. 17-11, eff. 8-22-2017)

The purposes for which the funds raised by business improvement district assessments shall be devoted to the statutory purposes permitted under the Parking and Business Improvement Area Law of 1989, Cal. Streets and Highways Code §§ 36500 et seq . or 1 or more of the following purposes:

(A) Promotion of public events which benefit businesses in the area and which take place on or in public places within the area;

(B) Promotion of tourism with the area;

(C) General promotion of business activities within the area;

(D) Parking facilities; or

(E) Furnishing of any decorations in the area.

(Ord. 02-03, eff. 8-7-2002)

The assessment provisions of this section shall not be deemed or construed to apply to any business classified as exempt or otherwise exempt by virtue of the Constitution or applicable statutes of the state or United States from the payment of the assessments.

(Ord. 02-03, eff. 8-7-2002)

Any new business established within the Old Town Auburn Business Improvement District area shall be required to pay an assessment for the billing period during which the business is initiated. A business will be considered to have been initiated on the date of issuance of a business license. The city agrees to supply the Old Town Auburn Business Association, with timely information regarding new businesses initiated within the Old Town Auburn Business Improvement District.

(Ord. 02-03, eff. 8-7-2002)

1. The assessment authorized pursuant to this subchapter shall be billed and collected annually at the same time as the business license fee for the same period.

2. The city shall bill and collect the assessment at no charge to the Old Town Business Improvement District. The city shall forward all of the funds collected to the Old Town Auburn Business District. Late payment, penalties may be applied to businesses that do not make required assessment payments on the date provided for herein at a rate of 1.5% per month.

(Ord. 02-03, eff. 8-7-2002)

Contributions to the Old Town Auburn Business Improvement District shall be permitted on a voluntary basis. The boundary of the Old Town Auburn Business Improvement District shall not be modified as a result of the contribution, nor shall such contributing businesses or persons be considered a member of the area for voting or other purposes. However, such businesses making a voluntary contribution may be entitled to participate in the programs of the Old Town Auburn Business Improvement District upon a finding by the City Council that the Old Town Auburn Business Improvement District area derives a benefit from the business' participation in the program.

(Ord. 02-03, eff. 8-7-2002)

Pursuant to the Parking and Business Improvement Act of 1989, the designated advisory board shall present an annual report to the City Council for review and approval prior to the beginning of any fiscal year. The purpose of this process is to comply with provisions of the Act regarding public hearing prior to levying the assessment for the following fiscal year. The city shall adopt, modify or otherwise amend the report in accordance with the provisions of the Parking and Business Improvement District Law of 1989, Cal. Streets and Highways Code §§ 36500 et seq .

(Ord. 02-03, eff. 8-7-2002)

33 Downtown Business Improvement District (Sections 33.095-33.104)

An improvement area to be known as the Downtown Business Improvement District is hereby established pursuant to the provisions of the Parking and Business Improvement Area Law of 1989, Cal. Streets and Highways Code §§ 36500 et seq .

(Ord. 02-03, eff. 8-7-2002)

The City Council held all public hearings and has made all necessary findings concerning the formation of this improvement district as required by the Parking and Business Improvement Area Law of 1989, Cal. Streets and Highways Code §§ 36500 et seq . On June 10, 2002 the City Council adopted Res. 02-03, setting forth its intention to establish a Parking and Business Improvement Area for Downtown Auburn. On July 8, 2002 a public hearing was held at the regular meeting of the City Council at City Hall concerning the establishment of the area. The City Council heard and considered all protests and did not receive protests sufficient to constitute a majority. The City Council resolved to establish the Downtown Business Improvement District as set forth in the exhibit referred to herein. The City Council finds that the businesses and property within the area will be benefitted by the improvements and activities funded by the assessments to be levied.

(Ord. 02-03, eff. 8-7-2002)

The boundaries of the Downtown Business Improvement District are hereby established as set forth on the map following this chapter.

(Ord. 02-03, eff. 8-7-2002)

All businesses located within the Downtown Business Improvement District area shall pay an annual business improvement district assessment to the city, the amount of which shall be established from time to time by resolution of the City Council.

(Ord. 02-03, eff. 8-7-2002; Am. Ord. 17-11, eff. 8-22-2017)

The purposes for which the funds raised by business improvement district assessments shall be devoted to the statutory purposes permitted under the Parking and Business Improvement Area Law of 1989, Cal. Streets and Highways Code §§ 36500 et seq . or 1 or more of the following purposes:

1. Promotion of public events which benefit businesses in the area and which take place on or in public places within the area;

2. Promotion of tourism with the area;

3. General promotion of business activities within the area;

4. Parking facilities; or

5. Furnishing of any decorations in the area.

• (Ord. 02-03, eff. 8-7-2002)

The assessment provisions of this section shall not be deemed or construed to apply to any business classified as exempt or otherwise exempt by virtue of the Constitution or applicable statutes of the state or United States from the payment of the assessments.

(Ord. 02-03, eff. 8-7-2002)

Any new business established within the Downtown Business Improvement District area shall be required to pay an assessment for the billing period during which the business is initiated. A business will be considered to have been initiated on the date of issuance of a business license. The city agrees to supply the Downtown Business Association, with timely information regarding new businesses initiated within the Downtown Business Improvement District.

(Ord. 02-03, eff. 8-7-2002)

1. The assessment authorized pursuant to this subchapter shall be billed and collected annually at the same time as the business license fee for the same period.

2. The city shall bill and collect the assessment at no charge to the Downtown Business Improvement District. The city shall forward all of the funds collected to the Downtown Business District. Late payment penalties may be applied to businesses that do not make required assessment payments on the date provided for herein at a rate of 1.5% per month.

(Ord. 02-03, eff. 8-7-2002)

Contributions to the Downtown Business Improvement District shall be permitted on a voluntary basis. The boundary of the Downtown Business Improvement District shall not be modified as a result of the contribution, nor shall such contributing businesses or persons be considered a member of the area for voting or other purposes. However, the businesses making a voluntary contribution may be entitled to participate in the programs of the Downtown Business Improvement District upon a finding by the City Council that the Downtown Business Improvement District area derives a benefit from the business' participation in the program.

(Ord. 02-03, eff. 8-7-2002)

1. Pursuant to the Parking and Business Improvement Act of 1989, the designated advisory board shall present an annual report to the City Council for review and approval prior to the beginning of any fiscal year.

2. The purpose of this process is to comply with provisions of the Act regarding public hearing prior to levying the assessment for the following fiscal year.

3. The city shall adopt, modify or otherwise amend the report in accordance with the provisions of the Parking and Business Improvement District Law of 1989, Cal. Streets and Highways Code §§ 36500 et seq .

(Ord. 02-03, eff. 8-7-2002)

33 Claims Against The City (Sections 33.115-33.116) 33.115 Claims

A. Authority. This section is enacted pursuant to the city's authority under the Constitution and laws of the State of California, including but not limited to California Constitution Article XI, 7 and 9, and California Government Code Sections 935 and 37100.5. B. Claims required. All claims against the city for money or damages not otherwise governed by the Government Claims Act, California Government Code 900 et seq., or another state law (hereinafter in the section, "claims") shall be presented within the time, and in the manner, prescribed by California Government Code Part 3 of Division 3.6 of Title I (commencing with 900 thereof) for the claims to which that Part applies by its own terms, as those provisions now exist or shall hereafter be amended, and as further provided by this section.

C. Form of claim. All claims shall be made in writing, verified by the claimant or by his or her guardian, conservator, executor or administrator, and may be submitted electronically. In addition, all claims shall contain the information required by Cal. Gov't Code 910. The foregoing reference to Cal. Gov't Code 910 shall not be construed to authorize a class claim or a representative claim, and no claim may be filed on behalf of another person or a class of persons unless verified by such other person(s) and each member of any purported class. D. Authority of City Manager or designee. Pursuant to Government Code section 935.4, the City Council delegates authority to the City Manager or his or her designee to review all claims for sufficiency and to reject any and all claims. The City Council delegates to the City Manager or his or her designee authority to allow, compromise, or settle claims, including workers’ compensation claims, for an amount up to and including $40,000. The City Council shall have sole authority to allow, compromise, or settle claims for an amount in excess of $40,000. E. Claim prerequisite to suit. In accordance with California Government Code Sections 935(b) and 945.6, all claims shall be presented as provided in this section and acted upon by the city prior to the filing of any action on such claims, and no such action may be maintained by a person who has not complied with the requirements of division (B) of this section. F. Suit. Any action brought against the city upon any claim or demand shall conform to the requirements of Sections 940-949 of the California Government Code. Any action brought against any employee of the city shall conform to the requirements of Sections 950-951 of the California Government Code.

(Ord. 07-01, eff. 2-26-2007; Am. Ord. 12-02, eff. 7-25-2012)

HISTORY

Amended by Ord. 21-02 on 6/28/2021 33.116 Exhaustion Of Administrative Remedies

Prior to seeking judicial relief with respect to a dispute regarding a tax, fee or other charge imposed by the city, an aggrieved taxpayer, fee payer or other person must exhaust administrative remedies by:

1. Exhausting any administrative remedies specified by any other provision of this code or other applicable law;

2. Paying the full amount owed, including applicable penalties and interest; and

3. Presenting a claim for refund under § 33.115 of this code.

(Ord. 10-01, eff. 3-10-2010)

33 Documentary Stamp Taxes (Sections 33.125-33.131)

This subchapter shall be known as the "Real Property Transfer Tax Law of the City." It is adopted pursuant to the provisions of Cal. Revenue and Taxation Code Part 6.7 of Division 2, commencing with § 11901.

(1973 Code, § 3-4.01) (Ord. 563, eff. - -)

The County Recorder shall administer the provisions of this chapter in conformity with the provisions of Cal. Revenue and Taxation Code Part 6.7 of Division 2, commencing with § 11901.

(1973 Code, § 3-4.02) (Ord. 563, eff. - -)

There is hereby imposed on each deed, instrument or writing by which any lands, tenements or other realty sold within the city shall be granted, assigned, transferred or otherwise conveyed to, or vested in, the purchasers or any other persons, by their direction, when the consideration or value of the interest or property conveyed (exclusive of the value of any lien or encumbrances remaining thereon at the time of sale) exceeds $100, a tax at the rate of 27.5¢ for each $500, or fractional part thereof.

(1973 Code, § 3-4.03) (Ord. 563, eff. - -)

The tax imposed by the provisions of § 33.127 shall be paid by any person who makes, signs or issues any document or instrument subject to the tax or for whose use or benefit the same is made, signed or issued.

(1973 Code, § 3-4.04) (Ord. 563, eff. - -)

1. The tax imposed by the provisions of this subchapter shall not to any instrument in writing given to secure a debt.

(1973 Code, § 3-4.05)

2. The United States, or any agency or instrumentality thereof, any state or territory, or political subdivision thereof, or the District of Columbia shall not be liable for any tax imposed by the provisions of this subchapter with respect to any deed, instrument or writing to which it is a party, but the tax maybe collected by assessment from any other party liable therefor.

(1973 Code, § 3-4.06)

3. The tax imposed by the provisions of this chapter shall not apply to the making, delivering or filing of conveyances to make effective any plan of reorganization or adjustment:

   1. Confirmed under the Federal Bankruptcy Act, as amended;

   2. Approved in an equity receivership proceeding in a court involving a railroad corporation, as defined in 11 U.S.C. § 205(m), as amended;

   3. Approved in an equity receivership proceeding in a court involving a corporation, as defined in 11 U.S.C. § 506(3), as amended; or

   4. Whereby a mere change in identity, form or place of organization is effected. The provisions of this section shall only apply if the making, delivery or filing of instruments of transfer or conveyances occurs within 5 years from the date of the confirmation, approval or change.

(1973 Code, § 3-4.07)

4. The tax imposed by the provisions of this chapter shall not apply to the making or delivery of conveyances to make effective any order of the Securities and Exchange Commission, as defined in I.R.C. § 1083(a), but only if:

   1. The order of the Securities and Exchange Commission in obedience to which the conveyance is made recites that the conveyance is necessary or appropriate to effectuate the provisions of 15 U.S.C. § 79k, relating to the Public Utility Holding Company Act of 1935;

   2. The order specifies the property which is ordered to be conveyed; and

   3. The conveyance is made in obedience to the order.

(1973 Code, § 3-4.08)

5. 1. In the case of any realty held by a partnership or other entity treated as a partnership, no tax shall be imposed pursuant to the provisions of this chapter by reason of any transfer of an interest in the partnership or other entity treated as a partnership or otherwise if:

      1. The partnership or other entity treated as a partnership is considered a continuing partnership within the meaning of I.R.C. § 708; and

      2. The continuing partnership or other entity treated as a partnership continues to hold the realty concerned.

   2. If there is a termination of any partnership or other entity treated as a partnership within the meaning of I.R.C. § 708, for the purposes of this chapter the partnership or other entity treated as a partnership shall be treated as having executed an instrument whereby there was conveyed, for fair market value (exclusive of the value of any lien or encumbrance remaining thereon), all realty held by the partnership or other entity treated as a partnership at the time of the termination.

   3. Not more than 1 tax shall be imposed by the provisions of this chapter by reason of a termination described in division (E)(2) above, and any transfer pursuant thereto, with respect to the realty held by the partnership or other entity treated as a partnership at the time of the termination.

(1973 Code, § 3-4.09)

4. No levy shall be imposed pursuant to this part by reason of any transfer between an individual or individuals and a legal entity or between legal entities that results solely in a change in the method of holding title to the realty and in which proportional ownership interests in the realty, whether represented by stock, membership interest, partnership interest, cotenancy interest, or otherwise, directly or indirectly, remain the same immediately after the transfer.

(Ord. 563, eff. - -)

6. Any tax imposed pursuant to this part shall not apply with respect to any deed, instrument, or writing to a beneficiary or mortgagee, which is taken from the mortgagor or trustor as a result of or in lieu of foreclosure; provided, that such tax shall apply to the extent that the consideration exceeds the unpaid debt, including accrued interest and cost of foreclosure. Consideration, unpaid debt amount and identification of grantee as beneficiary or mortgagee shall be noted on said deed, instrument or writing or stated in an affidavit or declaration under penalty of perjury for tax purposes.

7. 1. Any tax imposed pursuant to this part shall not apply with respect to any deed, instrument, or other writing which purports to transfer, divide, or allocate community, quasi-community, or quasi- marital property assets between spouses for the purpose of effecting a division of community, quasi- community, or quasi-marital property which is required by a judgment decreeing a dissolution of the marriage or legal separation, by a judgment of nullity, or by any other judgment or order rendered pursuant to the Family Code, or by a written agreement between the spouses, executed in contemplation of any such judgment or order, whether or not the written agreement is incorporated as part of any of those judgments or orders.

   2. In order to qualify for the exemption provided in subdivision (G)(1), the deed, instrument, or other writing shall include a written recital, signed by either spouse, stating that the deed, instrument, or other writing is entitled to the exemption.

8. Any tax imposed pursuant to this part shall not apply with respect to any deed, instrument, or other writing by which realty is conveyed by the State of California, any political subdivision thereof, or agency or instrumentality of either thereof, pursuant to an agreement whereby the purchaser agrees to immediately reconvey the realty to the exempt agency.

9. Any tax imposed pursuant to this part shall not apply with respect to any deed, instrument, or other writing by which the State of California, any political subdivision thereof, or agency or instrumentality of either thereof, conveys to a nonprofit corporation realty the acquisition, construction, or improvement of which was financed or refinanced by obligations issued by the nonprofit corporation on behalf of a governmental unit, within the meaning of Section 1.103-1 (b) of Title 26 of the Code of Federal Regulations.

   10. Any tax imposed pursuant to this part shall not apply to any deed, instrument, or other writing which purports to grant, assign, transfer, convey, divide, allocate, or vest lands, tenements, or realty, or any interest therein, if by reason of such inter vivos gift or by reason of the death of any person, such lands, tenements, realty, or interests therein are transferred outright to, or in trust for the benefit of, any person or entity.

• (Cal. Rev. and Tax. Code §§ 11921-11930)

Claims for refunds of the taxes imposed by the provisions of this chapter shall be governed by the provisions of Cal. Revenue and Taxation Chapter 5 of Part 9, commencing with § 5096.

(Cal. Rev. and Tax. Code § 11934) (1973 Code, § 3-4.10) (Ord. 563, eff. - -)

The provisions of this subchapter shall become operative at 12:01 a.m. on January 1, 1968, or upon the operative date of any ordinance adopted by the county pursuant to the provisions of Cal. Revenue and Taxation Code Part 6.7 of Division 2, commencing with § 11901, whichever is the later.

(1973 Code, § 3-4.11) (Ord. 563, eff. - -)

33 Property Taxes (Sections 33.145-33.147)

Pursuant to the provisions of Cal. Gov't Code §§ 51500 through 51521, the Council hereby transfers the assessment and tax collection duties performed by the Assessor and Tax Collector of the city to the Assessor and Tax Collector of the county.

(1973 Code, § 3-5.01) (Ord. 415, eff. - -)

Pursuant to the provisions of Cal. Gov't Code § 51514, the compensation to be paid by the city to the county for assessing and collecting taxes of the city shall be at the rate of one percent for collecting the first $25,000 and 1/4 of 1% for collecting all sums over the amount.

(1973 Code, § 3-5.02) (Ord. 415, eff. - -)

In compliance with the provisions of Cal. Gov't Code § 51503, it is hereby prescribed that moneys shall be drawn from the city funds in the hands of the County Treasurer at such times and in a manner as shall hereafter be agreed upon by the City Treasurer and the County Treasurer so as to provide for the delivery of city funds in the possession of the County Treasurer to the City Treasurer as soon after their collection, segregation and deduction of the compensation to the county, provided for by § 33.146, as shall be possible consistent with approved financial practices of the county.

(1973 Code, § 3-5.03) (Ord. 415, eff. - -)

33 Sales And Use Taxes (Sections 33.160-33.174)

This subchapter shall be known as the "Uniform Local Sales and Use Tax Law of the City of Auburn."

(1973 Code, § 3-6.01) (Ord. 646, eff. 1-1-1974)

The rate of the sales and use tax imposed by the provisions of this subchapter shall be 1%.

(1973 Code, § 3-6.02) (Ord. 646, eff. 1-1-1974)

The provisions of this subchapter shall be operative on January 1, 1974.

(1973 Code, § 3-6.03) (Ord. 646, eff. 1-1-1974)

The Council hereby declares that the provisions of this subchapter are adopted to achieve the following, among other, purposes and directs that the provisions of this subchapter be interpreted in order to accomplish those purposes:

1. To adopt a sales and use tax law which complies with the requirements and limitations set forth in Cal. Revenue and Taxation Code Part 1.5 of Division 2;

2. To adopt a sales and use tax law which incorporates provisions identical to those of the Sales and Use Tax Law of the state insofar as those provisions are not inconsistent with the requirements and limitations set forth in Cal. Revenue and Taxation Code Part 1.5 of Division 2;

3. To adopt a sales and use tax law which imposes a tax and provides a measure therefor that can be administered and collected by the state's Board of Equalization in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the state's Board of Equalization in administering and collecting the sales and use taxes of the state; and

4. To adopt a sales and use tax law which can be administered in a manner that will, to the degree possible consistent with the provisions of Cal. Revenue and Taxation Code Part 1.5 of Division 2, minimize the cost of collecting city sales and use taxes and at the same time minimize the burden of record keeping upon persons subject to taxation under the provisions of this chapter.

(1973 Code, § 3-6.04) (Ord. 646, eff. 1-1-1974)

Prior to the operative date of this subchapter, the city shall contract with the state's Board of Equalization to perform all the functions incident to the administration and operation of this sales and use tax law. If the city shall not have contracted with the state's Board of Equalization prior to the operative date, the city shall nevertheless so contract, and, in such a case, the operative date shall be the first day of the first calendar quarter following the execution of such a contract rather than the first day of the first calendar quarter following adoption of this subchapter.

(1973 Code, § 3-6.05) (Ord. 646, eff. 1-1-1974)

For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the city at the rate set forth in § 33.161 of the gross receipts of the retailer from the sale of all tangible personal property sold at retail in the city on and after the operative date of this subchapter.

(1973 Code, § 3-6.06) (Ord. 646, eff. 1-1-1974)

For the purposes of this subchapter, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his or her agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from the sales shall include delivery charges, when the charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the state or has more than 1 place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the state's Board of Equalization.

(1973 Code, § 3-6.07) (Ord. 646, eff. 1-1-1974)

An excise tax is hereby imposed on the storage, use or other consumption in the city of tangible personal property purchased from any retailer on and after the operative date of this subchapter for the storage, use or other consumption in the city at the rate set forth in § 33.161 of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax, regardless of the place to which delivery is made.

(1973 Code, § 3-6.08) (Ord. 646, eff. 1-1-1974)

Except as otherwise provided in this subchapter, and except insofar as they are inconsistent with the provisions of Cal. Revenue and Taxation Code Part 1.5 of Division 2, all of the provisions of Cal. Revenue and Taxation Code Part 1 of Division 2 are hereby adopted and made a part of this subchapter as though fully set forth in this subchapter.

(1973 Code, § 3-6.09) (Ord. 646, eff. 1-1-1974)

1. In adopting the provisions of Cal. Revenue and Taxation Code Part 1 of Division 2, wherever the state is named or referred to as the taxing agency, the name of the city shall be substituted therefor. The substitution, however, shall not be made when the word "state" is used as part of the title of the state's Controller, the state's Treasurer, the state's Board of Control, the state's Board of Equalization, the state's Treasury or the Constitution of the state.

2. The substitution shall not be made when the result of that substitution would require action to be taken by or against the city, or any agency thereof rather than by or against the state's Board of Equalization, in performing the functions incident to the administration or operation of the provisions of this subchapter.

3. The substitution shall not be made in those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the state where the result of the substitution would he to provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while the sales, storage, use or other consumption remains subject to tax by the state under the provisions of Cal. Revenue and Taxation Code Part 1 of Division 2, or to impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the provisions of the code.

4. The substitution shall not be made in Cal. Revenue and Taxation Code §§ 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 and 6828. The substitution shall not be made for the word "state" in Cal. Revenue and Taxation Code § 6203 or in the definition of that phrase in § 6203.

(1973 Code, § 3-6.10) (Ord. 646, eff. 1-1-1974)

If a seller's permit has been issued to a retailer pursuant to the provisions of Cal. Revenue and Taxation Code § 6067, an additional seller's permit shall not be required by the provisions of this subchapter.

(1973 Code, § 3-6.11) (Ord. 646, eff. 1-1-1974)

1. 1. The amount subject to tax shall not include any sales or use tax imposed by the state upon a retailer or consumer.

   2. The storage, use or other consumption of tangible personal property, the gross receipts from the sale of which have been subject to tax under a sales and use tax ordinance enacted in accordance with Cal. Revenue and Taxation Code Part 1.5 of Division 2 by any city and county, county or city in the state shall be exempt from the tax due hereunder.

   3. There shall be exempted from the computation of the amount of the sales tax the gross receipts from the sale of tangible personal property to operators of aircraft to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the use of the aircraft as common carriers of persons or property under the authority of the laws of the state, the United States or any foreign government.

   4. In addition to the exemptions provided in Cal. Revenue and Taxation Code §§ 6366 and 6366.1, the storage, use or other consumption of tangible personal property purchased by operators of aircraft and used or consumed by the operators directly and exclusively in the use of the aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of the state, the United States or any foreign government shall be exempted from the use tax.

2. The provisions of this section shall be operative January 1, 1984.

(1973 Code, § 3-6.12)

2. 1. The amount subject to tax shall not include any sales or use tax imposed by the state upon a retailer or consumer.

   2. The storage, use or other consumption of tangible personal property, the gross receipts from the sale of which have been subject to tax under a sales and use tax ordinance enacted in accordance with Cal. Revenue and Taxation Code Part 1.5 of Division 2 by any city and county, county or city in the state shall be exempt from the tax due under this subchapter.

   3. There shall be exempted from the computation of the amount of sales tax the gross receipts from the sale of tangible personal property to operators of waterborne vessels to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the carriage of persons or property in the vessels for commercial purposes.

   4. The storage, use or other consumption of tangible personal property purchased by operators of waterborne vessels and used or consumed by the operators directly and exclusively in the carriage of persons or property of the vessels for commercial purposes shall be exempted from the use tax.

   5. There shall be exempted from the computation of the amount of the sales tax the gross receipts from the sale of tangible personal property to operators of aircraft to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the use of the aircraft as common carriers of persons or property under the authority of the laws of the state, the United States or any foreign government.

   6. In addition to the exemptions set forth in Cal. Revenue and Taxation Code §§ 6366 and 6366.1, the storage, use or other consumption of tangible personal property purchased by operators of aircraft and used or consumed by the operators directly and exclusively in the use of the aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of the state, the United States or any foreign government shall be exempted from the use tax.

(1973 Code, § 3-6.13)

(Ord. 646, eff. 1-1-1974; Am. Ord. 797, eff. 12-27-1983)

Section 33.171(B) shall be operative on the operative date of any act of the Legislature of the State which amends Cal. Revenue and Taxation Code § 7202 or which repeals and reenacts § 7202 to provide an exemption from city sales and use taxes for operators of waterborne vessels in the same, or substantially the same, language as that existing in § 7202(i)(7) and (8) as the subsections read on October 1, 1983.

(1973 Code, § 3-6.14) (Ord. 646, eff. 1-1-1974; Am. Ord. 797, eff. 12-27-1983)

All subsequent amendments of the Revenue and Taxation Code of the state, which amendments relate to the sales and use tax and which are not inconsistent with the provisions of Cal. Revenue and Taxation Code Part 1.5 of Division 2, shall automatically become a part of this subchapter.

(1973 Code, § 3-6.15) (Ord. 646, eff. 1-1-1974)

No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the state or the city, or against any officer of the state or the city, to prevent or enjoin the collection of any tax or any amount of tax required to be collected under this subchapter or Cal. Revenue and Taxation Code Part 1.5 of Division 2.

(1973 Code, § 3-6.16) (Ord. 646, eff. 1-1-1974)

33 Transient Occupancy Taxes (Sections 33.185-33.197)

This subchapter shall be known as the "Uniform Transient Occupancy Tax Law of the City of Auburn."

(1973 Code, § 3-7.01) (Ord. 533, eff. - -)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

HOTEL .

1. Any structure, or any portion of any structure, which is occupied, or intended or designed for occupancy, by transients for dwelling, lodging or sleeping purposes and shall include any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure, or portion thereof.

2. This definition includes short-term rentals governed by § 159.510 et seq. of this Code and bed and breakfast establishments governed by § 159.540 et seq. of this Code, such as any portion of a private home or structure which is rented out to members of the public for any form of compensation.

OCCUPANCY . The use or possession, or the right to the use or possession, of any room, or portion thereof, in any hotel for dwelling, lodging or sleeping purposes.

OPERATOR . The person who is the proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee or any other capacity. Where the operator performs his or her functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this subchapter and shall have the same duties and liabilities as his or her principal. Compliance with the provisions of this subchapter by either the principal or the managing agent shall, however, be considered to be compliance by both.

PERSON . Any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate or any other group or combination acting as a unit.

RENT . The consideration charged, whether or not received, for the occupancy of space in a hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits, property and services of any kind or nature, without any deduction therefrom whatsoever.

TAX ADMINISTRATOR . The Licensing- Revenue Officer.

TRANSIENT . Any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a transient until the period of 30 days has expired, unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of the provision of this subchapter may be considered.

(1973 Code, § 3-7.02) (Ord. 533, eff. - -; Am. Ord. 93-3, eff. 4-7-1993; Am. Ord. 15-1, eff. 2-11-2015)

HISTORY

Approved by Ord. 24-05 Voters/ 11-5.24 Election on 12/9/2024 33.187 Imposed; Rate

1. For the privilege of occupancy in any hotel, each transient shall be subject to and shall pay a tax in the amount of 10% of the rent charged by the operator.

2. The tax shall constitute a debt owed by the transient to the city, which debt shall be extinguished only by payment to the operator or to the city.

3. The transient shall pay the tax to the operator of the hotel at the time the rent is paid.

4. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment.

5. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel.

6. If for any reason the tax due is not paid to the operator of the hotel, the Tax Administrator may require that the tax shall be paid directly to the Tax Administrator.

(1973 Code, § 3-7.03) (Ord. 533, eff. - -; Am. Ord. 579, eff. - -; Am. Ord. 91-6, eff. 5-22-1991)

HISTORY

Approved by Ord. 24-05 Voters at Election 11/5/2024 on 12/9/2024 33.188 Exemptions

1. No tax shall be imposed upon:

   1. Any person as to whom, or any occupancy as to which, it is beyond the power of the city to impose the tax provided for in this subchapter;

   2. Any federal or state officer or employee when on official business; or

   3. Any officer or employee of a foreign government, which officer or employee is exempt by reason of express provisions of federal law or international treaty.

2. No exemption shall be granted except upon a claim therefor made at the time the rent is collected, and under penalty of perjury, upon a form prescribed by the Tax Administrator.

(1973 Code, § 3-7.04) (Ord. 533, eff. - -)

1. Each operator shall collect the tax imposed by the provisions of this subchapter to the same extent and at the same time as the rent is collected from every transient.

2. The amount of the tax shall be separately stated from the amount of the rent charged and each transient shall receive a receipt from the operator, when requested, for payment of the rent and tax.

(1973 Code, § 3-7.05) (Ord. 533, eff. - -)

1. On or before March 15, 1965, or within 30 days after commencing business, whichever is later, each operator of any hotel renting an occupancy to transients shall register the hotel with the Tax Administrator and obtain from him or her a transient occupancy registration certificate which shall at all times be posted in a conspicuous place on the premises.

2. The certificate shall, among other things, set forth the following information:

   1. The name of the operator;

   2. The address of the hotel;

   3. The date upon which the certificate was issued; and

   4. A statement as follows:

"This Transient Occupancy Registration Certificate signifies that the person named on the face hereof has fulfilled the requirements of the Uniform Transient Occupancy Tax Law by registering with the Tax Administrator for the purpose of collecting from transients the Transient Occupancy Tax and remitting such tax to the Tax Administrator. This certificate shall not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner, nor to operate a hotel without strictly complying with all local applicable laws, including, but not limited to, those requiring a permit from any board, commission, department or office of this city. This certificate shall not constitute a permit."

(1973 Code, § 3-7.06) (Ord. 533, eff. - -)

1. Each operator shall, on or before the close of each calendar quarter, or before the last day of the month following the close of each calendar quarter, or at the close of any shorter reporting period which may be established by the Tax Administrator make a return to the Tax Administrator, on forms provided by him or her, of the total rents charged and received and the amount of tax collected for transient occupancies.

2. 1. At the time the return is filed, the full amount of the tax collected shall be remitted to the Tax Administrator.

   2. The Tax Administrator may establish shorter reporting periods for any certificate holder if the Tax Administrator deems it necessary in order to insure collection of the tax, and he or she may require further information in the return.

3. 1. Returns and payments shall be due immediately upon cessation of business for any reason.

   2. All taxes collected by operators pursuant to the provisions of this subchapter shall be held in trust for the account of the city until payment thereof is made to the Tax Administrator.

(1973 Code, § 3-7.07) (Ord. 533, eff. - -)

1. Original delinquencies . Any operator who shall fail to remit any tax imposed by the provisions of this subchapter within the time required shall pay a penalty in the amount of 10% of the tax in addition to the amount of the tax.

2. Continued delinquencies . Any operator who shall fail to remit any delinquent remittance on or before a period of 30 days following the date on which the remittance first became delinquent shall pay a second delinquency penalty in the amount of 10% of the tax in addition to the amount of the tax and the 10% penalty first imposed.

3. Fraud . If the Tax Administrator shall determine that the non-payment of any remittance due pursuant to the provisions of this subchapter is due to fraud, a penalty in the amount of 25% of the amount of the tax shall be added thereto, in addition to the penalties set forth in division (A) and (B) above.

4. Interest . In addition to the penalties imposed, any operator who shall fail to remit any tax imposed by the provisions of this subchapter shall pay interest at the rate of ½ of 1% per month, or fraction thereof, on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid.

5. Penalties and interest merged with tax . Every penalty imposed, and such interest as accrues, pursuant to the provisions of this section shall become a part of the tax required to be paid by the provisions of this subchapter.

(1973 Code, § 3-7.08) (Ord. 533, eff. - -)

1. If any operator shall fail or refuse to collect the tax and to make, within the time provided in this subchapter, any report and remittance of the tax, or any portion thereof, required by the provisions of this subchapter, the Tax Administrator shall proceed in a manner as he or she may deem best to obtain facts and information on which to base his or her estimate of the tax due.

2. As soon as the Tax Administrator shall procure the facts and information as he or she is able to obtain upon which to base the assessment of any such tax imposed and payable by any operator who has failed or refused to collect the tax and to make the report and remittance, the Tax Administrator shall proceed to determine and assess against the operator the tax, interest and penalties provided for by this subchapter.

3. 1. In the event such determination is made, the Tax Administrator shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the operator so assessed at his or her last known place of address.

   2. The operator may, within 10 days after the service or mailing of the notice, make an application in writing to the Tax Administrator for a hearing on the amount assessed.

4. 1. If an application by the operator for a hearing is not made within the time prescribed, the tax, interest and penalties, if any, determined by the Tax Administrator shall become final and conclusive and immediately due and payable.

   2. If such an application is made, the Tax Administrator shall give not less than 5 days' written notice, in the manner prescribed in this section, to the operator to show cause at a time and place fixed in the notice why the amount specified therein should not be fixed for the tax, interest and penalties.

5. 1. At the hearing, the operator may appear and offer evidence why the specified tax, interest and penalties should not be so fixed.

   2. After the hearing, the Tax Administrator shall determine the proper tax to be remitted and shall thereafter give written notice to the person, in the manner prescribed in this section, of the determination and the amount of the tax, interest and penalties.

6. The amount determined to be due shall be payable after 15 days unless an appeal is filed as provided in § 33.194.

(1973 Code, § 3-7.09) (Ord. 533, eff. - -)

1. 1. Any operator aggrieved by any decision of the Tax Administrator as set forth in § 33.193, with respect to the amount of the tax, interest and penalties, if any, may appeal to the Council by filing a notice of appeal with the City Clerk within 15 days after the service or mailing of the determination of the tax due.

   2. The Council shall fix a time and place for hearing the appeal and the City Clerk shall give notice in writing to the operator at his or her last known place of address.

   3. The findings of the Council shall be final and conclusive and shall be served upon the appellant in the manner set forth in § 33.193 for service of a notice of hearing.

2. Any amount found to be due shall be immediately due and payable upon the service of the notice.

(1973 Code, § 3-7.10) (Ord. 533, eff. - -)

It shall be the duty of every operator liable for the collection and payment to the city of any tax imposed by the provisions of this subchapter to keep and preserve, for a period of 3 years, all records which may be necessary to determine the amount of the tax as he or she may have been liable for the collection of and payment to the city, which records the Tax Administrator shall have the right to inspect at all reasonable times.

(1973 Code, § 3-7.11) (Ord. 533, eff. - -)

1. 1. Whenever the amount of any tax, interest or penalty has been overpaid, or paid more than once, or erroneously or illegally collected or received by the city pursuant to the provisions of this chapter, the amount may be refunded, as provided in divisions (B) and (C) below, provided a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the Tax Administrator within 3 years after the date of payment.

   2. The claims shall be on forms furnished by the Tax Administrator.

2. 1. An operator may claim a refund or take as credit against taxes collected and remitted the amount overpaid, paid more than once, or erroneously or illegally collected or received when it is established in a manner prescribed by the Tax Administrator that the person from whom the tax has been collected was not a transient.

   2. Neither a refund nor a credit, however, shall be allowed unless the amount of the tax so collected has either been refunded to the transient or credited to rent subsequently payable by the transient to the operator.

3. A transient may obtain a refund of taxes overpaid, paid more than once, or erroneously or illegally collected or received by the city by filing a claim in the manner set forth in division (A) above, but only when the tax was paid by the transient directly to the Tax Administrator, or when the transient, having paid the tax to the operator, establishes to the satisfaction of the Tax Administrator that the transient has been unable to obtain a refund from the operator who collected the tax.

4. No refund shall be paid pursuant to the provisions of this section unless the claimant establishes his or her right thereto by written records showing entitlement thereto.

(1973 Code, § 3-7.12) (Ord. 533, eff. - -)

1. 1. Any tax required to be paid by any transient pursuant to the provisions of this subchapter shall be deemed a debt owed by the transient to the city.

   2. Any tax collected by an operator which has not been paid to the city shall be deemed a debt owed by the operator to the city.

2. Any person owing money to the city pursuant to the provisions of this subchapter shall be liable to an action brought in the name of the city for the recovery of the amount.

(1973 Code, § 3-7.13) (Ord. 533, eff. - -)

33 Historic Auburn Parking And Business Improvement Area (Sections 33.210-33.999)

1. This subchapter is hereby adopted establishing a parking and business improvement area, as defined in § 33.211, pursuant to the Resolution of Intention to Establish a Parking and Business Improvement Area in Historic Auburn (Res. 81- 72, passed by the Council on April 27, 1981).

2. 1. A hearing thereon was held on May 11, 1981, at 7:30 p.m. in the Council Chambers, Auburn City Hall, Auburn, California, for the formation of the area.

   2. After the hearing, the Council made a finding that the businesses within the boundaries of the Historic Auburn Parking and Business Improvement Area will be benefitted by the expenditure of the funds raised by the assessments or charges proposed to be levied.

(1973 Code, § 3-8.01) (Ord. 763, eff. 6-17-1981)

The boundaries of the Historic Auburn Parking and Business Improvement Area are hereby established as set forth on the following map.

(1973 Code, § 3-8.02) (Ord. 763, eff. 6-17-1981)

All businesses in the Historic Auburn Parking and Business Improvement Area established by this subchapter shall be subject to any amendments to the Parking and Business Improvement Area Law of 1979, Cal. Streets and Highways Code, commencing with § 36500.

(1973 Code, § 3-8.03) (Ord. 763, eff. 6-17-1981)

Commencing July 1, 1989, for the fiscal year 1989-1990 and continuing each fiscal year thereafter until the amendments and charges to be imposed within the boundaries of the Historic Auburn Parking and Business Improvement Area described in § 33.211 and a breakdown by classification of business shall be as follows:

1. Class I: businesses requiring business licenses. All businesses wherein a business license is required with the city, as identified in the specific categories of the existing business licensing provisions set forth herein, shall pay an assessment fee in the amount of $50, unless otherwise described in Class II set forth in division (B) below and in Class III set forth in division (C) below.

2. Class II: merchant and/or retail stores. All those businesses in which the primary activity results in the retail sale of merchandise, food and/or any commodity for profit shall pay an assessment on the gross income and shall be charged at $0.75 per $1,000 income, with a minimum of $35 and a maximum of $75 assessment.

3. Class III . All of the following business shall pay an assessment as follows:

4. Class IV: exempt business. The assessment provisions of this section shall not be deemed or construed to apply to any business classified as exempt or otherwise exempt by virtue of the Constitution or applicable statutes of the state or the United States from the payment of the assessments and charges. However, any donation to the Historic Auburn Parking and Business Improvement Area will be accepted and used according to the guidelines.

(1973 Code, § 3-8.04) (Ord. 763, eff. 6-17-1981; Am. Ord. 89-13, eff. 7-12-1989)

The revenue received from the assessments and charges set forth in this subchapter shall be used exclusively to benefit the businesses within the Historic Auburn Parking and Business Improvement Area for the following purposes:

1. The acquisition, construction or maintenance of parking facilities for the benefit of the area;

2. The decoration of any public place in the area;

3. The promotion of public events which are to take place on or in public places in the area;

4. The furnishing of music in any public place in the area; and

5. The general promotion of business activities in the area.

(1973 Code, § 3-8.05) (Ord. 763, eff. 6-17-1981)

1. 1. Any person violating any of the provisions of §§ 33.001et seq. or knowingly or intentionally misrepresenting to any officer or employee of the city any material fact in procuring the license or permit provided for by §§ 33.001et seq. shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable as set forth in § 10.99.

(1973 Code, § 3-1.130)

2. All remedies prescribed by the provisions of §§ 33.001et seq. shall be cumulative, and the use of 1 or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of §§ 33.001 et seq .

(1973 Code, § 3-1.131)

• (Ord. 611, eff. - -)

2. Any operator or other person who fails or refuses to register as required by the provisions of §§ 33.185et seq., or to furnish any return required by the provisions of §§ 33.185et seq. to be made, or who fails or refuses to furnish a supplemental return or other data required by the Tax Administrator, or who renders a false or fraudulent return or claim, shall be guilty of a misdemeanor and punishable as set forth herein. Any person required to make, render, sign or verify any report or claim and who makes any false or fraudulent report or claim with intent to defeat or evade the determination of any amount due required by the provisions of §§ 33.185et seq. to be made shall be guilty of a misdemeanor and punishable as set forth herein.

(1973 Code, § 3-7.14) (Ord. 533, eff. - -)

34 EMERGENCY PREPAREDNESS

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.

(1973 Code, § 4-1.01) (Ord. 625, eff. - -)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

EMERGENCY . 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 the 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.

(1973 Code, § 4-1.02) (Ord. 625, eff. - -)

1. The Auburn Disaster Council is hereby created and shall consist of the following:

   1. The Mayor, who shall be Chairperson;

   2. The Director of Emergency Services, who shall be Vice-Chairperson;

   3. The Assistant Director of Emergency Services;

   4. Chiefs of emergency services as are provided for in the current emergency plan of the city, adopted pursuant to the provisions of this chapter; and

   5. Representatives of civic, business, labor, veteran, professional or other organizations having an official emergency responsibility as may be appointed by the Director of Emergency Services with the advice and consent of the City Council.

(1973 Code, § 4-1.03)

2. It shall be the duty of the Auburn Disaster Council, and it is hereby empowered, to develop and recommend for adoption by the City Council emergency and mutual aid plans and agreements and such ordinances, resolutions, rules and regulations as are necessary to implement the plans and agreements. The Disaster Council shall meet upon the call of the Chairperson or, in his or her absence from the city or inability to call the meeting, upon the call of the Vice- Chairperson.

(1973 Code, § 4-1.04)

(Ord. 625, eff. - -)

1. There is hereby created the Office of Director of Emergency Services. The City Manager shall serve as the Director of Emergency Services.

2. There is hereby created the Office of Assistant Director of Emergency Services, who shall be appointed by the Director of Emergency Services.

3. The Director of Emergency Services is hereby empowered to:

   1. Request the City Council to proclaim the existence or threatened existence of a "local emergency," if the City Council is in session, or to issue the 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 7 days thereafter, or the proclamation shall have no further force or effect.)

   2. Request the Governor of the state to proclaim a "state of emergency" when, in the opinion of the Director, the locally available resources are inadequate to cope with the emergency;

   3. Control and direct the effort of the emergency organization of the city for the accomplishment of the purposes of this chapter;

   4. Direct cooperation between, and the coordination of, the services and staff of the emergency organization of the city and resolve questions of authority and responsibility which may arise between them;

   5. Represent the city in all dealings with public or private agencies pertaining to emergencies; and

   6. In the event of the proclamation of a "local emergency", as set forth in this section, the proclamation of a "state of emergency" by the Governor or the Director of Emergency Services of the state, or the existence of a "state of war emergency," the Director is hereby empowered to:

      1. Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, the rules and regulations shall be confirmed at the earliest practicable time by the City Council;

      2. Obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property, to bind the city for the fair value thereof, and, if required immediately, to commandeer the same for public use;

      3. Require the emergency services of any city officer or employee and, in the event of the proclamation of a "state of emergency" in the county or the existence of a "state of war emergency," to command the aid of as many citizens of the community as he or she deems necessary in the execution of his or her duties; (The persons shall be entitled to all the privileges, benefits and immunities as are provided by state law for registered disaster service workers.)

      4. Requisition the necessary personnel or materials of any city department or agency; and

4. Execute all of his or her ordinary powers as City Manager, all of the special powers conferred upon him or her by the provisions of this chapter or by resolution or the emergency plan adopted by the City Council pursuant to the provisions of this chapter, and all powers conferred upon him or her by any statute, by any agreement approved by the City Council, or by any other lawful authority.

5. The Director of Emergency Services shall designate the order of succession to that office which succession shall take effect in the event the Director is unavailable to attend meetings or otherwise perform his or her duties during an emergency. The order of succession shall be approved by the City Council.

6. The Assistant Director of Emergency Services shall, under the supervision of the Director and with the assistance of emergency service chiefs, develop emergency plans, manage the emergency programs of the city and have such other powers and duties as may be assigned by the Director.

(1973 Code, § 4-1.05) (Ord. 625, eff. - -)

All officers and employees of the city, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations and persons who may by agreement or operation of law, including persons pressed into service pursuant to the provisions of § 34.04(C), be charged with duties incident to the protection of life and property in the city during the emergency, shall constitute the emergency organization of the city.

(1973 Code, § 4-1.06) (Ord. 625, eff. - -)

The Auburn Disaster Council shall be responsible for the development of the City of Auburn Emergency Plan, which shall provide for the effective mobilization of all the resources of the city, both public and private, to meet any condition constituting a local emergency, a state of emergency or a state of war emergency, and which plan shall also provide for the organization, powers and duties, services and staff of the Emergency Organization. The plan shall take effect upon adoption by resolution of the City Council.

(1973 Code, § 4-1.07) (Ord. 625, eff. - -)

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.

(1973 Code, § 4-1.08) (Ord. 625, eff. - -)

It shall be a misdemeanor, punishable as set forth in § 10.99, for any person during an emergency to:

1. Wilfully obstruct, hinder or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to the provisions of this chapter or in the performance of any duty imposed upon him or her by virtue of the provisions of this chapter;

2. Do any act forbidden by any lawful rule or regulation issued pursuant to the provisions of this chapter if the act is of the nature as to give, or be likely to give, assistance to the enemy, or imperil the lives or property of inhabitants of the city, or prevent, hinder or delay the defense or protection thereof; or

3. Wear, carry or display, without authority, any means of identification specified by the Emergency Agency of the state.

(1973 Code, § 4-1.09) (Ord. 625, eff. - -)

35 CITY POLICIES

1. Pursuant to the provisions of Cal. Health and Safety Code §§ 101400, 101405, and 101410, the county and the city have contracted for the performance by the county's Health Officer and other employees of the county of any and all functions for the enforcement in the city of all laws relating to public health and sanitation, the making of inspections, and the charging and collecting of certain fees for services performed in that capacity.

(1973 Code, § 6-5.01)

2. The following fees shall be collected and retained by the county's Health Officer for the following services performed by the county's Health Department in the city.

   1. For checking plans for commercial swimming pools in connection with the issuance of a building permit: $35 per plan, payable at the time the Building Inspector collects the fee for a building permit application pursuant to the provisions hereof.

3. For checking plans for sewage and water systems of commercial developments in connection with the issuance of a building permit: $25 per plan, payable at the time the Building Inspector collects the fee for a building permit application pursuant hereto.

4. For annual inspections and certification of restaurant and food retail establishments: $10 per establishment.

5. For testing water upon request: $5 per sample.

6. For annual inspections and licensing of septic tank pumper trucks: $15 per vehicle.

7. For annual inspections of boarding homes, family care homes and day-care facilities, except those foster care homes for children licensed by the county's Welfare Department, as follows:

   1. Caring for 6 or less persons: $5 per home or facility.

   2. Caring for more than 6 persons: $10 per home or facility.

(1973 Code, § 6-5.02)

3. Each person, other than a governmental official acting in his or her official capacity, for whom any of the services set forth in division (B) above are provided, upon request, shall thereupon forthwith pay the appropriate fee set forth in division (B) above for the performance of the services. The operator of any restaurant, retail food establishment, septic tank pumper truck, boarding home, family care home and day-care facility whose premises, personal property or facilities are inspected for the annual inspections required as such facilities shall pay to the Health Officer the appropriate fees set forth in division (B) above.

(1973 Code, § 6-5.03)

• (Ord. 574, eff. --)

1. Rules and regulations . The City Council may establish, by resolution, rules and regulations governing use and operation of buildings owned by the city or occupied by city staff.

2. Penalties and enforcement . Copies of such rules and regulations shall be posted at each city building governed by those rules and regulations and, following such posting, violation of any posted rule shall constitute a misdemeanor and be subject to the penalties provided in Chapter 10 of this code.

(Ord. 10-09, eff. 9-22-2010)

36 PUBLIC CONTRACTS

36.01 Public Projects; Uniform Construction Cost Accounting Act

36.02 Requirements For Contracting Public Projects

36.03 Informal Bids In Excess Of Maximum

36.04 Informal Bidding Regulations

36.05 Approval Of Contracts Pursuant To Informal Bid Procedures

36.06 Formal Bidding Regulations

36.07 Rejecting All Bids

36.08 Emergencies 36.09 Change Orders 36.10 Prohibition Against Splitting Projects 36.11 Design Immunity

The City Council has adopted a resolution electing to make the city subject to the Uniform Public Construction Cost Accounting Act of the California Public Contract Code (commencing with § 22000) and has notified the State Controller of the election. Therefore, the City Council may utilize the alternative procedures for the award of public project bids authorized by the Public Contract Code (commencing with § 22030).

HISTORY

Adopted by Ord. 19-01 on 1/14/2019

1. (A) Public projects of $75,000 or less, appropriations for which have been approved by the City Council, may be performed by the employees of the city or its agencies by force account, or by negotiated contract or purchase order approved by the City Manager.

• (B) Public projects of more than $75,000 but less than or equal to $220,000 may be let to contract by the informal bidding procedures set forth in this chapter.

• (C) Public projects of more than $220,000 shall be let to contract by the formal bidding procedures set forth in this chapter.

• (D) The dollar thresholds in this chapter shall be automatically increased in the event the Uniform Public Construction Cost Accounting Act is amended to provide for higher dollar thresholds than provided in this chapter.

Note: The above matrix is intended to summarize the requirements of this chapter and not to change them. If the matrix contradicts the text of this chapter in any respect, the language of the chapter shall prevail.

HISTORY

Adopted by Ord. 19-01 on 1/14/2019 Amended by Ord. 25-01 on 3/10/2025

Pursuant to Public Contract Code § 22034, if informal bidding procedures are used, but all bids received are in excess of $220,000, the City Council may, by adoption of a resolution by a four-fifths vote, award the contract, at $235,000 or less, to the lowest responsible bidder, if it determines the cost estimate of the City was reasonable.

HISTORY

Adopted by Ord. 19-01 on 1/14/2019 Amended by Ord. 25-01 on 3/10/2025 36.04 Informal Bidding Regulations

Pursuant to Public Contract Code, § 22034, when utilizing the alternative procedures authorized by § 36.02, the following provisions shall apply to public projects for which formal bidding procedures are not required:

1. The Department of Public Works shall maintain a list of qualified contractors, identified according to categories of work. This list shall be developed and maintained in accordance with criteria established for such lists by the California Uniform Construction Cost Accounting Commission and in accordance with the provisions of Public Contract Code, § 22034;

2. Each contractor on the list for the category of work being bid, and/or the current California construction trade journals for this area specified by the California Uniform Construction Cost Accounting Commission to receive mailed notices of all informal construction contracts being bid for work in Placer County, as determined by the Department of Public Works, shall be mailed, faxed, or emailed a notice inviting informal bids unless the product or service is proprietary;

3. All mailing, faxing, or emailing of notices to contractors and construction trade journals, as determined above, shall be completed not less than ten calendar days before bids would be due pursuant to the notice;

4. Each notice inviting informal bids shall describe the project in general terms, state how to obtain more information about the project, and specify the time and place for submission of bids; and

5. Each informal bid shall be reviewed and approved by the Director of Public Works.

HISTORY

Adopted by Ord. 19-01 on 1/14/2019

1. Unless otherwise determined by the City Council for any individual contract to be awarded, the City Manager may approve the award of a contract by informal bidding procedures, upon the recommendation of the Director of Public Works, and subject to approval as to the form of the contract by the City Attorney. The determination of the City Manager to award a contract by informal bidding procedures shall be final.

2. In awarding the contracts, the City Manager shall exercise prudent judgement in determining the lowest responsible bidder, taking into account the public's interest in efficiency and economy in the award of the contracts and giving due consideration to fairness and equity to competing bidders. If the City Council determines that the City Manager should not have authority to award any given contract by

informal bidding procedures, the City Council shall award the contract at its discretion upon recommendation of the City Manager, and by applying the criteria for determining the lowest responsible bidder.

HISTORY

Adopted by Ord. 19-01 on 1/14/2019

Pursuant to Public Contract Code, § 22037, the following provisions shall apply to public projects for which formal bidding procedures are required:

1. The city shall publish a notice inviting formal bids for public projects at least 14 calendar days before the bid opening date in a newspaper of general circulation in the city. The notice shall distinctly describe the project to be done, how to obtain more detailed information about the project, and state the time and place for receiving and opening of bids;

2. The Director of Public Works shall send notice inviting formal bids electronically, if available, by either fax or email and by mail to all construction trade journals specified by the California Uniform Construction Cost Accounting Commission to receive mailed notices of all formal construction contracts being bid for work in Placer County. The notice shall be sent at least 14 calendar days before the date of opening bids;

3. The city may also give any other notice as it deems proper; and

4. The City Council shall approve the award of a contract subject to formal bidding procedures.

HISTORY

Adopted by Ord. 19-01 on 1/14/2019 36.07 Rejecting All Bids

Pursuant to Public Contract Code § 22038, the City Council or Director of Public Works may, in their discretion, reject any bids presented if, prior to rejecting all bids and declaring that the project can be more economically performed by the employees of the city, the Director furnishes a written notice to the apparent low bidder at least two business days prior to the hearing at which the city intends to reject the bid. After reevaluating cost estimates of the project, the City Council or the Director of Public Works may then:

1. Abandon the project;

2. Re-advertise for bids; or

3. By passage of a resolution by a four-fifths vote of the City Council declaring that the project can be performed more economically by employees of the public agency, have the project done by force account without further compliance with this chapter.

HISTORY

Adopted by Ord. 19-01 on 1/14/2019 36.08 Emergencies

1. Notwithstanding any provision in § 36.09 of this chapter to the contrary, in cases of emergency when repair or replacements are necessary, the City Council by a four-fifths vote may proceed at once to repair or replace any public facility without adopting plans, specifications, strain sheets, or working detail s, 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 may take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts.

(B) To act under § 36.0S(A), the City Council must proceed pursuant to a four-fifths vote based on a finding of substantial evidence that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency.

(C) In the event the City Council is unavailable pursuant to § 36.0S(A) or a meeting is impracticable under the circumstances, in cases of emergency when repair or replacements are necessary, the City Manager may proceed at once to repair or replace 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 Manager, by contractor, or by a combination of the two. The City Manager may take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts. The City Manager may contract under this subsection in an amount not to exceed $220,000.

(D) If the City Manager acts under § 36.0S(C), he or she shall report the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency to the City Council at the next Council meeting.

(E) If the City Council or the City Manager act pursuant to this section, the City Council shall review the emergency action at every regularly scheduled meeting thereafter until the action is terminated to determine, by a four-fifths vote, that there is a need to continue the action.

(F) For purposes of this section, "emergency" means "a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services."

HISTORY

Adopted by Ord. 19-01 on 1/14/2019 Amended by Ord. 25-01 on 3/10/2025 36.09 Change Orders

1. No change in agreement or contract shall be made without the issuance of a written change order or amendment and no payment for any change shall be made unless a written change order or amendment has first been approved and executed in accordance with this section designating in advance the work to be done and the amount of additional compensation to be paid.

2. Provided the funding for a public project contract has been previously approved and the expenditure of funds authorized by the City Council, the City Manager shall have the authority to execute change orders or amendments for any contract in an amount not to exceed 15% of the original price, subject to approval as to the form of the amendment by the City Attorney.

HISTORY

Adopted by Ord. 19-01 on 1/14/2019 36.10 Prohibition Against Splitting Projects

It shall be unlawful to split or separate into smaller work orders or projects any project for the purpose of evading the provisions of this chapter requiring work to be done by contract after competitive bidding.

HISTORY

Adopted by Ord. 19-01 on 1/14/2019 36.11 Design Immunity

A. The Public Works Director and/or the City Engineer are authorized to approve plans or designs for purposes of design immunity pursuant to Government Code Section 830.6, for all public projects approved by the City Manager pursuant to section 36.05. B. Nothing in this section is intended to, nor will it, preclude the City Council from separately or additionally approving plans or designs for purposes of design immunity pursuant to Government Code Section 830.6.

HISTORY Adopted by Ord. 24-02 on 3/11/2024 37 PURCHASING SYSTEM 37.01 Purpose 37.02 Application 37.03 Definitions 37.04 Establishment Of The Position Of Purchasing Agent 37.05 Authority And Duties 37.06 Delegations To Other City Officials 37.07 Award Of Contracts 37.08 Methods Of Award 37.09 Competitive Sealed Bidding 37.10 Negotiated Bid Proposals 37.11 Contracting For Designated Professional Services 37.12 Purchases Less Than $40,000 37.13 Sole Source Procurement 37.14 Emergency Procurement 37.15 Purchasing Table Summary 37.16 Cooperative Purchasing 37.17 Cancellation Of Invitations For Bids Or Requests For Proposals 37.18 Miscellaneous Items

1. A centralized purchasing system is adopted as managed by the Purchasing Agent pursuant to Gov't Code §§ 54201 et seq., 37103, and 53060; this chapter regarding purchasing matters; and such other laws, ordinances, resolutions, rules, regulations and procedures governing the contract for, purchasing, storing, distribution or disposal of all supplies, equipment, and services required by any department, office or agency of the city. The centralized purchasing system is adopted to provide an efficient and flexible means to secure city supplies, equipment, and services at the lowest responsible cost commensurate with quality needed; to exercise positive financial control over purchases; to clearly define the authority for all purchases; and to limit the administrative demands imposed by the purchasing system to those reasonably necessary to achieve the other objectives of that system.

2. The policies and procedures contained in this chapter are not intended to conflict with Public Contract Code § 20160 et seq., Public Contract Code § 22030 et seq., or any other applicable law governing the solicitation of bids and award of contracts for public projects, as that term is defined by the Public Contract Code.

(Ord. 17-07, eff. 5-23-2017)

1. This chapter applies to contracts for the procurement of supplies, equipment, and services, entered into by the city after the effective date of the ordinance codified in this chapter. It shall apply to the expenditure of public funds by any city department for public purchasing. It shall not apply to public projects, as that term is defined by the Public Contract Code.

(Ord. 17-07, eff. 5-23-2017)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CONTRACT . Any agreement, regardless of what it may be called, for the procurement of supplies, equipment, or services.

COST . Shall not include tax, freight charges or other charges not part of the cost of the items or services purchased.

DEPARTMENT . Any sub-organization of city staff, agency, commission, or board created by the city which requires supplies, equipment, or services pursuant to this chapter.

EQUIPMENT . Any procured items which are maintained on inventory as fixed assets. These items are durable and have a fixed, predetermined life expectancy.

INVITATION FOR BIDS . Any document or documents, whether attached or incorporated by reference, utilized for soliciting bids.

PROCUREMENT . The buying, purchasing, renting, leasing or other acquisition of supplies, equipment, or services. It also includes the definition of requirements (specifications), the selection and solicitation of sources, the preparation and award of a contract, and the administration of the contract.

PROFESSIONAL SERVICES . Any work performed by specially trained and experienced persons, firms or corporations rendering professional services and advice such as accounting, financial, legal, medical, engineering, architectural, environmental, economic, real estate, insurance, lobbying, public relations, code publication or similar services.

PUBLIC PROCUREMENT UNIT . Any purchasing entity involved in the acquisition of commodities for a governmental unit such as; state, county, city, school district, or other similar entity.

REQUEST FOR PROPOSAL . Any document or documents, whether attached or incorporated by reference, utilized for soliciting proposals.

REQUEST FOR QUALIFICATIONS . Any document or documents, whether attached or incorporated by reference, utilized for soliciting qualifications.

RESPONSIBLE VENDOR OR OFFEROR . A person who has the capacity in all respects to perform fully the contract requirements, and the experience, tenacity, perseverance, integrity, reliability, capacity, facilities, equipment and credit which will assure good faith performance.

RESPONSIBLE VENDOR . A person who has submitted a bid which conforms in all material respects to the requirements set forth in the invitation for bids.

SERVICES . The furnishing of labor, time or effort (sometimes parts are included) to perform or complete a designated task. Precise specifications (taskings) shall be delineated in the contract.

SUPPLIES . Any property, including but not limited to materials, required to perform a department's function. It can mean office or departmental supplies.

(Ord. 17-07, eff. 5-23-2017)

1. Establishment . There is hereby established the position of Purchasing Agent, which shall be the city's principal purchasing and contracting official.

   2. Appointment . The City Manager or his or her designee is the Purchasing Agent pursuant to § 31.026(A) (1), unless specified otherwise in this chapter.

• (Ord. 17-07, eff. 5-23-2017)

1. Principal purchasing and contracting official . Except as otherwise provided in this chapter or this code, the Purchasing Agent shall serve as the principal purchasing and contracting official for the city, and shall be responsible for the procurement of, or the coordination of the procurement of, supplies and equipment in accordance with this chapter, and for the management and disposal of surplus supplies and equipment.

2. Duties . In accordance with this chapter, and subject to applicable fiscal review of the Finance Department, the Purchasing Agent shall:

   1. Procure, or coordinate the procurement of, all supplies, equipment, and services needed by the city;

   2. Exercise general supervision and control over inventories of equipment (fixed assets) and certain supply items belonging to the city;

   3. Dispose of surplus supplies and equipment belonging to the city;

   4. Assist city departments, as needed, in the development of specifications, contract administration, and inspection and acceptance procedures;

   5. Endeavor to obtain as full and open competition as possible on city purchases;

   6. Prepare and recommend to the Finance Director procedures governing the procurement of supplies, equipment, and services;

   7. Exercise supervision and control and provide contract administration for contracts for professional services.

3. Operational procedures . Consistent with this chapter, the Purchasing Agent shall adopt specific operational procedures pertaining to the execution of his or her duties.

(Ord. 17-07, eff. 5-23-2017)

Notwithstanding the provisions of § 37.05, the Purchasing Agent may delegate the purchase of certain supplies, equipment, or services to individuals in other city departments, if such delegation is deemed necessary for the effective procurement of those items.

(Ord. 17-07, eff. 5-23-2017)

Except as otherwise provided in this chapter, contracts for supplies, equipment, and services of estimated value of $40,000 or greater shall be awarded by the City Council to the lowest responsible bidder. The City Manager, or his or her designee, may award and execute on behalf of the City contracts costing less than $40,000, The City Council shall annually, on or before January 1st, through the adoption of a resolution, adjust these limits and the limits specified in §§ 37.08 through 37.12 and § 37.16 based upon the Consumer Price Index established and published by the State of California Department of Industrial Relations for all California urban consumers.

(Ord. 17-07, eff. 5-23-2017)

1. Contracts shall be awarded by competitive sealed bidding, pursuant to § 37.09, except as provided in: 1. Negotiated bid proposals pursuant to § 37.10;

   2. Contracting for designated professional, services pursuant to § 37.11;

   3. Purchases less than $40,000 pursuant to § 37.12;

   4. Sole source procurement pursuant to § 37.13;

   5. Emergency procurement pursuant to § 37.14; and

   6. Cooperative purchasing pursuant to § 37.16.

2. Whenever competitive sealed bidding procedures are not utilized, as authorized in this chapter, a waiver of bid delineating the reason(s) for noncompetitive award shall be prepared in writing by the requesting department and filed with the Finance Director. Prior to being filed, the waiver shall be

reviewed by the Purchasing Agent and the Finance Director and approved by the City Manager.

(Ord. 17-07, eff. 5-23-2017)

1. Conditions for use . City contracts for supplies, equipment, or services of estimated value of $40,000 or greater shall be awarded by competitive sealed bidding except as otherwise provided in § 37.08.

   2. Public notice . Public notice of the invitation for bids shall be given at least 10 calendar days prior to the date set forth therein for the opening of bids. Such notice shall include publication at least once in a newspaper of general circulation within the city. This notice shall state the place, date and time of bid opening.

   3. Invitation for bids . An invitation for bids shall be issued to vendors who request such and shall include specifications and all contractual terms and conditions applicable to the procurement. Prior to the invitation for bid, the requesting department may contact respective vendors to obtain specific product/service information, product demonstration/evaluation/testing, etc.

   4. Bid opening . Bids shall be opened publicly in the presence of 1 or more witnesses at the time and place designated in the invitation for bids. The amount of each bid, and such other relevant information as the Purchasing Agent deems appropriate, together with the name of each bidder shall be recorded; this record, as well as each bid, shall be open to public inspection after the award of the contract.

   5. Bid acceptance and bid evaluation . Bids shall be unconditionally accepted without alteration or correction, except as authorized in this chapter. Bids shall be evaluated based on the requirements set forth in the invitation for bids, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in the evaluation for award shall be objectively measurable, such as discounts, transportation costs, and total or life cycle costs.

   6. Correction or withdrawal of bids; cancellation of awards . Correction or withdrawal of inadvertently erroneous bids before or after bid opening, or cancellation of awards or contracts based on such mistakes, may be permitted where appropriate. Prior to bid opening the bidder may modify or withdraw a bid by written notice providing it is received by the city prior to the time set for bid opening. After bid opening, corrections in bids or withdrawals of bids shall be permitted only to the extent that the bidder can show by clear and convincing evidence that the bidder made a material mistake of fact that is evident on the face of the bid. Decisions to permit the correction or withdrawal of bids, or to cancel awards or contracts based on bid mistakes, shall be supported by a written recommendation made by the Purchasing Agent and approved by the City Manager for contracts costing less than $40,000 and by the City Council for contracts costing $40,000 or greater.

   7. Award . The contract shall be awarded with reasonable promptness by appropriate written notice to the lowest responsible and responsive bidder whose bid meets the requirements and specifications set forth in the invitation for bids. In the event the low responsive and responsible bid for any contract exceeds available funds by 10% or less, as certified by the Finance Director, the Purchasing Agent, or his/her designee, is authorized, when time and economic consideration preclude re-solicitation of work of a reduced scope, and upon approval from the requesting department and the Finance Director, to negotiate an adjustment of the bid price with the low responsive and responsible bidder, in order to bring the bid within the amount of available funds.

• (Ord. 17-07, eff. 5-23-2017)

• 37.10 Negotiated Bid Proposals

1. Conditions for use . The competitive sealed bidding procedures shall be the preferred method of procurement, and as such, shall be utilized for most contract awards. However, when the City Council determines that the use of competitive sealed bidding does not provide sufficient detail to evaluate the bidder's proposal or is otherwise too technical or not advantageous to the city, a contract to furnish supplies, equipment, or services of estimated value of $40,000 or greater may be entered into by use of the negotiated bid proposal method. In this manner the bidder will delineate his or her entire proposal to include, at a minimum, specific parts and/or processes used to complete the designated contract specifications. The Purchasing Agent shall provide instructions and required forms to each requesting vendor.

2. Request for proposals . Proposals shall be solicited through a request for proposals.

3. Public notice . Public notice of the request for proposals shall be given in the same manner as provided in § 37.09.

4. Receipt of proposals . Proposals shall be handled in a manner which does not permit the disclosure of the identity of any offeror or the contents of any proposal to competing offerors during the process of negotiation. A register of proposals shall be prepared containing the name of each offeror and a description sufficient to identify the item offered. The register of proposals shall be open for public inspection only after contract award.

5. Evaluation factors . The request for proposals shall state the relative importance of price and other criteria used to determine the award.

6. Discussion with responsible offerors and revised proposals . As provided in the request for proposals, discussions may be conducted with responsible offerors who submit responsive proposals determined to be reasonably competitive for award for the purpose of clarification to assure full understanding of, and conformance to, the solicitation requirements. Offerors shall be accorded fair and equal treatment, with respect to any opportunity for discussion and revision of proposals. Such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions, the identity of competing offerors or any information derived from proposals submitted by the competing offerors shall not be disclosed.

7. Award . Award shall be made to the responsible offeror whose proposal is determined by the City Council to be the most advantageous to the city, taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis on which the award is made.

(Ord. 17-07, eff. 5-23-2017)

• 37.11 Contracting For Designated Professional Services

  1. For the purpose of procuring the services of persons providing professional services as defined in § 37.03, any Department Head requiring professional services estimated to cost less than $40,000 may procure them on its own behalf. The Department Head procuring such services shall notify and obtain the Purchasing Agent's approval prior to the procurement. That department shall also prepare the Request for Proposals (RFP) or Request for Qualifications (RFQ) for the procurement of such services. Professional services, as defined in § 37.03, costing $40,000 or greater shall be contracted for by the City Council or their designee.

  2. For professional services costing less than $40,000, where a consultant selected through the RFP or RFQ process has provided satisfactory services within the past 12 months, a Department Head may enter into a renewed or new contract for the same or similar services with that consultant without the resort to a further RFP or RFQ process upon approval of the Purchasing Agent.

(Ord. 17-07, eff. 5-23-2017)

1. General . Purchases of supplies and equipment costing less than $40,000 shall be made according to the procedures in this section.

2. Purchases of $1,000 or less . Department Heads may make purchases of $1,000 or less without approval by the Purchasing Agent. An informal or formal bid process or request for quotes is not required, but may be used at the discretion of the Department Head authorizing the purchase. Upon the completion of such purchase, the Department Head will be responsible for approving the invoice for payment, coding the invoice to the proper budget account(s), and submitting the invoice to the Finance Director for payment.

3. Purchases greater than $1,000 but less than $5,000 . Department Heads may make purchases greater than $1,000 but less than $5,000 upon approval by the Purchasing Agent. Purchases pursuant to this section be made by written contract or purchase order unless directed otherwise by the Purchasing Agent according to established procedures.

4. Purchases of $5,000 or greater but less than $40,000 . For purchases of $5,000 or greater, but less than $40,000, no fewer than 3 vendors shall be solicited to submit quotations. Quotations may be received in writing, in person, or via the telephone. The Purchasing Agent shall award the contract to the vendor offering the lowest acceptable quotation. The names of the vendors submitting quotations and the date and amount of each quotation shall be recorded and maintained as a public record for no less than 2 years after the award of the contract.

   1. Purchases pursuant to this section shall be made by written contract or purchase order unless directed otherwise by the Purchasing Agent according to established procedures.

   2. Department Heads shall submit requests for supplies, equipment, and services to the Purchasing Agent by means determined by the Purchasing Agent and reviewed by the Finance Director.

(Ord. 17-07, eff. 5-23-2017)

1. Purchases less than $40,000 . Prior to submitting a purchase request, the requesting department shall conduct a survey of available sources to determine whether there is only 1 source for the required supply, equipment, or service. After review of this request by the Purchasing Agent and the Finance Director and approval by the City Manager, a contract may be awarded without competition. The Purchasing Agent, or his or her designee, shall conduct negotiations, as appropriate, as to price, delivery and terms. The requesting Department Head shall prepare a statement of the basis for the sole source determination and the waiver of bid and submit it to the Purchasing Agent for filing with the Finance Department.

2. Purchases greater than $40,000 . Where the City Council determines, based upon staff conducting a good faith review of available sources or staff recommendation of the City's need for unique or custom goods or services, that there is only 1 source for the required supply, equipment, or service, the City Council may approve by 4/5 vote a sole source purchase without a competitive bid process.

(Ord. 17-07, eff. 5-23-2017)

Notwithstanding any other provisions of this chapter, the City Manager shall make, or authorize others to make, emergency procurement of supplies, equipment, services or construction items when there exists a threat to public health, welfare or safety; provided, that such emergency procurement shall be made with sufficient competition as is practicable under the circumstances. The requesting department shall obtain the Purchasing Agent's approval of the emergency procurement and submit a written waiver of bid justification to the Purchasing Agent for filing with the Finance Director. The City Manager may declare a state of emergency, if circumstances do not permit City Council action in order to meet the threat to public health, welfare or safety. The Council shall meet and consider the City Manager's declaration as soon as practicable, and ratify the declaration if appropriate.

(Ord. 17-07, eff. 5-23-2017)

Note: The above matrix is intended to summarize the requirements of this chapter and not to change them. If the matrix contradicts the text of this chapter in any respect, the language of the chapter shall prevail.

(Ord. 17-07, eff. 5-23-2017)

Without complying with the requirements of §§ 37.07 through 37.09, the Purchasing Agent may participate in, use, sponsor, conduct, or administer a cooperative purchasing agreement for the procurement of any supplies, equipment, or service with 1 or more public procurement units in accordance with an agreement entered into between the participants. Such cooperative purchasing may include, but is not limited to, joint or multiparty contracts between public procurement units and open-ended state and/or federal public procurement unit contracts which are made available to the city.

(Ord. 17-07, eff. 5-23-2017)

Where stated in the invitation for bid, the City Council or Purchasing Agent may cancel an invitation for bid, a request for proposal, or other solicitations, or may reject any or all bids or proposals for good cause and in the best interests of the city.

(Ord. 17-07, eff. 5-23-2017)

1. Specifications . Specifications shall be drafted by the requesting department in a manner to promote overall economy for the purposes intended and to encourage competition in satisfying the city's needs; they shall state the city's minimum requirements, avoiding, where possible, unduly restrictive requirements which may otherwise prevent competition. The policy enunciated in this section applies to all specifications including, but not limited to, those prepared for the city by architects, engineers, designers and draftsmen. The department requiring the supply, equipment, or service shall prepare the specification(s) as a part of their purchase request.

2. Dividing requirements . Contract or purchase order form requirements shall not be artificially divided so as to constitute a small purchase or to avoid complying with any other provision of this chapter.

3. Encumbrance of funds . The Purchasing Agent, or others authorized to establish purchase orders, shall not issue any contract or purchase order for supplies, equipment, or services unless there exists an unencumbered appropriation in the proper account against which the purchase is charged.

4. Purchase of surplus commodities . The Purchasing Agent is authorized to procure, when economically feasible, commodities from other governmental agencies which are surplus to their requirements and determined to be valid needs of the city.

(Ord. 17-07, eff. 5-23-2017)

• 37.19 Disposition Of Surplus Personal Property

  1. Definitions . For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CITY MANAGER . The City Manager or his or her designee.

MARKET VALUE . The value estimated by the City Manager or his or her designee at which the property would sell if offered at auction or other open competitive bid sale.

SURPLUS PERSONAL PROPERTY . Any personal property or equipment owned by the city which a department head determines, subject to approval of the City Manager or the City Council, is no longer needed or used for city purposes or which has become obsolete, worn out or past its useful life.

2. Prior to disposal, a list of surplus city personal property specifying the item, its actual or estimated purchase price and date of purchase and its estimated present value shall be submitted to the City Council for approval as to its "surplus" status. SURPLUS PERSONAL PROPERTY of the city shall be disposed of on annual or semi-annual basis, in the following manner:

   1. The City Manager may authorize the sale or disposition of surplus personal property which has a market value equal to or less than his or her contracting authority.

   2. The City Council may authorize the sale or disposition of surplus personal property which has a market value in excess of the City Manager's contracting authority.

   3. Any surplus personal property within his or her contracting authority may be sold or disposed of by the City Manager as follows:

3. Surplus personal property with an estimated market value of greater than $5,000 per individual item of property shall be sold under sealed bid or by public auction. Public auctions may include electronic bidding or auction services.

   2. Surplus personal property with an estimated market value of less than $5,000 per individual item of property may be sold or disposed of by any method the City Manager determines to be most advantageous to the city considering the value and nature of the property and the cost of sale, including, but not limited to, sale by salvage, recycling or disposal.

   3. Surplus property with less than $100 value may be disposed of by the Department Head, upon written approval of the City Manager, in the manner most advantageous to the city considering the value of the property and the cost of sale, including, but not limited to, sale by salvage, recycling or disposal.

   4. Disposition of surplus City personal property pursuant to this section shall be "as is" without warranty, express or implied, and the buyer shall agree to pay applicable sales or transfer taxes.

   5. Notwithstanding other provisions in this section, surplus personal property may be sold to another public entity for market value or traded for market value equivalent property or services'as approved by the City Manager.

   6. Notwithstanding other provisions in this section, surplus personal property of any value may be traded in as consideration toward the acquisition of other personal property upon written approval of the City Manager.

   7. Notwithstanding other provisions in this section, surplus personal property of any value may be transferred to other city departments without consideration as approved by the City Manager.

   8. Surplus personal property which the City Manager deems unacceptable for sale to the public may be disposed of in the manner deemed appropriate by the City Manager. Examples of such property include: city-owned animals, law enforcement and public safety equipment and property which may pose a hazard to the general public.

4. The City Council may, by resolution, authorize the donation of surplus personal property, if the City Council finds that such donation serves a public purpose and/or benefit. All donations pursuant to this section shall be "as is" without warranty, express or implied, and the transferee shall agree to defend, indemnify and hold harmless the city, its officers and employees from any claim, cause of action, damage, loss or liability arising out of the condition of the property or its use by the organization or subsequent transferee.

(Ord. 17-07, eff. 5-23-2017)

In cases where a sealed bid or public auction is required for the sale of property, reasonable notice to prospective bidders of such sale by sealed bid or public auction shall be given, as determined by the City Manager or his/her designee, taking into account the circumstances and the item(s) to be sold.

(Ord. 17-07, eff. 5-23-2017)

1. Any department disposing of surplus personal property shall document the disposition and provide, in writing, to the Finance Director or his/her designee, who shall keep a record of sales, exchanges or other disposition of any property disposed of pursuant to the provisions of this chapter, at least the following information:

   1. A description of the property transferred;

   2. The name of the transferee;

   3. The date of transfer;

   4. The gross receipts, net receipts and/or transaction costs; and

   5. A description, including the value of any personal property received in exchange for the property transferred.

2. Such records shall be kept consistent with the city's records retention policy.

(Ord. 17-07, eff. 5-23-2017)

38 ELECTRONIC FILING OF CAMPAIGN STATEMENTS AND STATEMENTS OF ECONOMIC INTERESTS 38.01 Purpose And Authority

The purpose of this chapter is to require electronic filing of campaign disclosure statements, reports and other documents mandated by Chapter 4 of the Political Reform Act for specified elected officials, candidates, and committees.

The City Council of the City of Auburn finds and determines as follows: A. Government Code Section 84615 provides that a legislative body of a local government agency may adopt an ordinance requiring filers required to file statements mandated by Chapter 4 of the Political Reform Act to file such statements in an electronic filing system; and B. The electronic filing system facilitates the efficient and secure filing of required campaign reports and contains multiple safeguards to protect the integrity and security of the data, and will operate securely and effectively and will not unduly burden filers.

For the purposes of this chapter, the following words, terms and phrases shall be defined as follow: ELECTRONIC FILING SYSTEM. A system established by the City Clerk pursuant to Section 84615 of the Government Code for electronic filing of statements, as defined herein. FILER. Any elected officer, candidate, committee, or other person required to file statements, as defined herein. FILING OFFICER. The City Clerk or designee. STATEMENTS. Any statements, reports, or other documents that filers must file in accordance with Chapter 4 of the Political Reform Act (Government Code Section 84100, et seq.).

A. Except as provided by subdivision (B) herein, filers shall file all statements in the electronic filing system. B. The following filers are not required to file statements in the electronic filing system: 1. Any filer who receives contributions totaling less than $1,000, and makes expenditures totaling less than $1,000. 2. Any filer who is required to file an original statement with the Secretary of State and a copy of that statement with the local government agency. C. All officers, employees and other individuals required to file a statement of economic interest under the Political Reform Act or the City of Auburn Conflict of Interest Code shall file such statement of economic interest with the filing officer shall do so through the electronic filing system. D. Any statement filed in the electronic filing system pursuant to this section will be accepted as an original statement and need not be filed in paper format. E. The date of filing for a statement filed with the electronic filing system shall be the day it is received by the filing officer. The electronic filing system shall issue timestamped confirmation ensuring the statement, report, or other document was received. F. If access to the electronic filing system has not been prescribed in a timely manner, filers may file statements with the filing officer by paper, at the discretion of the filing officer. G. The electronic filing system shall comply with all requirements of California Government Code Section 84615. H. The City shall maintain statements filed in the electronic filing system in compliance with State law and the City’s adopted Retention Schedule.