Colma Municipal Code Ch. 1 Detailed Table of Contents – Organization, Functions & General Provisions…

(January 2018) Page 6 of 6

CHAPTER ONE: ORGANIZATION, FUNCTIONS, AND GENERAL PROVISIONS

Subchapter 1.01: General

This code of ordinances of the Town of Colma shall be known as the Town of Colma Municipal Code.

[History: formerly § 1.101, ORD. 205, 12/8/76; ORD. 620, 9/8/04]

[Reference: GOV’T CODE § 36933.1]

The Town of Colma is a general law city, duly incorporated on August 5, 1924, under and by virtue of the laws of the State of California. The City changed its name to the Town of Colma on November 24, 1941.

[History: formerly § 1.102, ORD. 101, 12/21/60; ORD. 205, 12/8/76; ORD. 620, 9/8/04]

[Reference: GOV’T CODE § 34302]

This Code shall be divided into eight (8) chapters, numbered consecutively and entitled respectively: (1) Organization, Functions and General Provisions; (2) Prohibited Activities; (3) Environmental Protections; (4) Business Activities; (5) Planning, Zoning, Use, Development of Land and Improvements; (6) Vehicle and Traffic Code; (7) Revenue and Taxation; (8) Animals.

[History: formerly § 1.103, ORD. 205, 12/8/76; ORD. 620, 9/8/04]

Each section of the Code shall be numbered as follows: each section shall be numbered separately, such number to consist of three parts: the first part shall be the chapter number; the second part, which shall follow a period after the first part, shall be a two-digit number referring to the subchapter number; and the third part, following a period after the second part, shall be a three-digit number referring to the section number. Section numbers may be spaced in increments of ten digits, e.g., 010, 020, 030, so that, in the future, section numbers may be inserted in the Code. Subsections shall be numbered thusly: (a), (b), (c), and so on. Subsections shall be numbered (1), (2), (3), (4), and so on.

[History: formerly § 1.104, ORD. 205, 12/8/76; ORD. 533, 7/8/98; ORD. 620, 9/8/04; ORD. 638, 11/9/05]

General Colma Municipal Code (June 2025) Page 1.01-1

(a) The Town observes and will be closed for business on the following holidays, except for the continuance of essential public services such as police services:

(1) New Year’s Day,

(2) Martin Luther King, Jr. Day,

(3) President’s Day,

(4) Memorial Day,

(5) Juneteenth

(6) Independence Day,

(7) Labor Day,

(8) Veteran’s Day,

(9) Thanksgiving Day,

(10) Day After Thanksgiving,

(11) December 24,

(12) December 25, and

(13) New Year’s Eve; and

(14) Any day specially proclaimed by the City Council as a city holiday.

(b) If any of the foregoing holidays except a special holiday proclaimed by the City Council falls on a Saturday, the Town will observe and be closed for business on the preceding Friday.

(c) If any of the foregoing holidays except a special holiday proclaimed by the City Council falls on a Sunday, the Town will observe and be closed for business on the following Monday.

[Reference: Gov't Code § 6700 etseq.]

[History: Re-numbered as 1.01.100 by ORD. 643, 4/12/2006, ORD. 653, 2/21/07; ORD. 823, 09/11/24; ORD. 826, 6/25/25]

General Colma Municipal Code (June 2025) Page 1.01-2

Town offices will be closed for the transaction of business on Saturdays and Sundays, except for the continuance of essential public services such as police services. [Reference: Gov't Code § 6704]

Three official bulletin boards are hereby designated, upon which shall be posted all ordinances and other documents and papers required by law or the City Council to be posted, and shall be located at the following places: one at the Town Hall, located at the civic plaza adjacent to the Town Hall Parking lot; one at the entrance to Sterling Park Community Center located at 427 F. Street; and one on the east side of Clark Street at the intersection with E Street.

[History: formerly § 1.106, ORD. 205, 12/8/76; ORD. 412, 4/11/90; ORD. 468, 7/13/94; ORD. 620, 9/8/04; ORD. 629, 5/11/05; ORD. 786, 11/28/18]

[Reference: Gov’t Code §36933]

If any chapter, subchapter, section, subsection, clause, sentence, or phrase of this Code is, for any reason, held to be invalid, such invalidity shall not affect the validity of the entire Code or any of the remaining portions thereof.

[History: formerly § 1.107, ORD. 205, 12/8/76; ORD. 620, 9/8/04]

The City Council shall adopt, by resolution, local procedures to evaluate proposed projects and administer the city's responsibilities under the California Environmental Quality Act.

[History: ORD. 645, 6/14/06]

The general municipal election for the Town of Colma shall be regularly held on the same day as the statewide general election in November of even-numbered years.

[History:formerly § 1.109, ORD. 527, 4/14/98; ORD. 620, 9/8/04]

General Colma Municipal Code (June 2025) Page 1.01-3

(a) Except where the context otherwise dictates, the following words and phrases shall have the respective meanings ascribed thereto whenever such words and phrases are used in this Code or in any amendments thereto hereinafter enacted:

Administrative Hearing Officer or Hearing Officer means the person designated to conduct an administrative hearing under Chapter One, Subchapter Twelve of the Colma Municipal Code.

Building means any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals or property.

BuildingCodes shall mean and refer to the provisions of the California Building Code, California Electrical Code, California Energy Code, California Existing Buildings Code, California Fire Code, California Green Building Code, California Historic Building Code, California Mechanical Code, California Plumbing Code, California Reference Standards, Uniform Abatement of Dangerous Buildings Code and the Uniform Housing Code.

Cityshall mean and refer to the incorporated Town of Colma.

CityCouncilmeans the city council of the Town of Colma.

CityManagermeans the city manager or his or her duly authorized representative.

Codeshall mean and refer to the Town of Colma Municipal Code.

CodeEnforcementOfficer means the City Manager or any person or persons designated by the City Manager to monitor compliance with or enforce the provisions of the Colma Municipal Code.

Countyshall mean and refer to the County of San Mateo.

Department means one of the functional departments of the Town, as described in section 1.03.010 of this Code.

Department Director means the chief administrative officer in charge of one of the functional departments of the Town, which are set forth in section 1.03.010 of this Code.

Emergency means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of or damage to life, health, property or essential public services. Emergency includes such occurrences as

General Colma Municipal Code (June 2025) Page 1.01-4

fire, flood, earthquake, or other soil or geologic movements, as well as occurrences as riot, accident or sabotage.

Environment means the physical conditions in an area, including land, air, water, minerals, flora, fauna, ambient noise, objects of historic or aesthetic significance.

Environmental Impact Report means a detailed statement setting forth the environmental effects and considerations pertaining to a project as specified in section 21100 of the California Environmental Quality Act, and may be either a draft EIR or a final EIR.

Person means any natural person, firm, association, organization, partnership, business, trust, corporation, or company.

State EIR Guidelines means those regulations adopted by the California Resources Agency, as amended from time to time, pursuant to the California Environmental Quality Act, entitled, GuidelinesforImplementationoftheCaliforniaEnvironmentalQualityAct of1970, and published in Title 14, California Administrative Code, Chapter 3, sections 15000 et seq.

Townmeans the Town of Colma.

(b) Words used in the present tense include the future; words used in the singular number include the plural; words used in the plural number include the singular. The word "shall" is mandatory and not directory.

[History: formerly § 1.105, ORD. 209, 6/8/77; ORD. 205, 12/8/76; ORD. 209, 6/8/77; ORD. 214, 7/13/77; ORD. 620, 9/8/04; ORD. 643, 4/12/2006; ORD. 666, 2/13/08]

[Reference:14 CAC § 15025; PUB. RES. §§ 21060.5, 21061, 21066; SMC 8110]

General Colma Municipal Code (June 2025) Page 1.01-5

COLMA MUNICIPAL CODE

CHAPTER ONE: ORGANIZATION, FUNCTIONS, AND GENERAL PROVISIONS

Subchapter 1.02: City Council and Mayor

Division One – Positions and Duties

(a) The City Council of the Town of Colma shall consist of five persons, to be elected for the term prescribed by law.

(b) Each candidate for a City Council seat shall have been a resident of the Town of Colma for 30 days prior to his or her filing a declaration of candidacy. Each member of the City Council shall be an elector of the City at the time of assuming office.

[History: formerly § 1.201, ORD. 205, 12/8/76; ORD. 317, 3/13/85; ORD. 620, 9/8/04; ORD. 672, 9/10/08]

[Reference: GOV’T CODE §36501, 36503]

(a) It is the policy of the City Council of the Town of Colma that the preferred means of filling a vacancy of an elective municipal office is by appointment and to offer as many citizens as may be interested an opportunity to apply for appointment.

(b) To assist the City Council in meeting its goals, the following procedures are hereby established:

(1) Upon the occurrence of a vacancy, the City Manager shall promptly send a notice
by letter to the residents of the Town advising of the vacancy and inviting interested,
qualified citizens to submit a letter of interest, which letter shall be delivered to Colma
City Hall on or before the 20th day following the day the office becomes vacant and the
City Manager shall advise the local newspaper of the foregoing.

(2) On the 21st day following the vacancy, or as soon thereafter as the City Council
can meet, the City Council shall hold a special meeting to consider appointment from
among the interested citizens.

(3) If the City Council, upon consideration of the interested candidates, cannot agree
by majority vote on a qualified, acceptable appointee at said special meeting or any
continuance thereof, the City Council may, within 30 days of the occurrence of the
vacancy, call for a special election to fill the vacancy.

(4) If the City Council does not, within 30 days after the vacancy had occurred,
appoint a person to the office or call an election to fill the vacancy, the office shall
remain vacant until the next regular general election

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(c) The City Council declares that the procedures set forth in this resolution are directory, not mandatory, and that any failure to follow the procedures set forth herein shall not invalidate any appointment made by the City Council nor any call for special election made by the City Council.

[History: formerly § Res 94-39, 6/8/1994; ORD. 672, 9/10/08]

[Reference: GOV’T CODE § 36802, 38638, 40602, 40603, 40604, 40605]

(a) The City Council shall meet on the Tuesday after the general municipal election at 7:30 p.m. at City Hall, 1198 El Camino Real, Colma, California, or as soon thereafter as the vote is canvassed, and shall select one council member to serve as mayor, and one council member to serve as mayor pro tempore, to be called vice mayor. The mayor and vice mayor serve at the pleasure of the Council and may be removed at any time, with or without cause and with or without notice, notwithstanding any provision to the contrary in this Code. Unless the City Council determines otherwise, the Council shall follow the optional procedures set forth in the remaining paragraphs of this section for selecting the mayor and vice mayor.

(b) The mayor and vice mayor selected under subsection (a) shall serve in their respective offices until the second Tuesday in November of the following year, or as soon thereafter as the council shall meet, at which time the vice mayor shall become mayor and the City Council shall choose one of its members as vice mayor.

(c) In the event of a vacancy in the office of mayor, the vice mayor shall serve as mayor for the unexpired term of office of the mayor, and the council shall appoint another council member to serve as mayor pro-tempore.

(d) It is tradition in the Town of Colma for the City Council to select its mayor and mayor pro-tempore on the basis of seniority. As used in this subsection, the seniority of a council member shall be determined first, from the most recent date such member commenced a term of service as mayor, and then from the date such member first assumed office as a member of the City Council, if such member has never served as mayor; provided that, if any member, being the then senior or next senior member of the City Council, announces his or her desire not to serve as mayor or vice mayor, respectively, then the seniority of such member shall be counted from the date he or she would have commenced a term of service had it not been for such announcement.

[History: formerly § 1.202 ORD. 205, 12/8/76; ORD. 242, 9/12/79; ORD. 547, 2/10/99; ORD. 620, 9/8/04, ORD. 667, 3/12/08; ORD. 672, 9/10/08]

[Reference: GOV’T CODE §36801]

(a) The Mayor is authorized to, and shall perform those duties now or hereafter specified by the laws of the State of California and by this Code, including, but not limited to, the duties to:

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(1) preside at meetings of the City Council and decide questions or order thereat, subject to appeal by any member of the City Council, on which appeal no member shall speak more than once unless by unanimous consent of the Council;

(2) sign all warrants drawn on the City treasury, all written contracts and
conveyances made or entered into by the City, all ordinances and resolutions passed by
the City, and all instruments requiring the City seal; and

(3) direct a sufficient number of policemen to attend and keep order at any public
meeting of the City at which, in his opinion, a breach of the peace may occur.

(b) The Mayor is the official representative of the Town for all ceremonial purposes.

(c) The Mayor shall consult with the City Manager in the development of the agenda and may perform such other duties consistent with the mayoral office as may be imposed by the Council.

(d) The Mayor shall preside over all Council meetings. The Mayor shall have authority to preserve order at all Council meetings, to remove any person from any meeting of the Council for disorderly conduct, to enforce the rules of the Council and to determine the order of business under the rules of the Council. The Mayor shall also have the power to administer oaths and affirmations.

(e) The Mayor does not possess any power of veto.

[History: formerly § 1.203, ORD. 205, 12/8/76; ORD. 620, 9/8/04; ORD. 672, 9/10/08]

[Reference: GOV’T CODE § 36802, 38638, 40602, 40603, 40604, 40605]

(a) If the Mayor is absent or unable to act, the Vice Mayor is authorized to and shall perform the duties of the Mayor until the Mayor returns or is able to act. The Vice Mayor has all the powers and duties of the Mayor.

(b) Without limiting the foregoing:

(1) If the Mayor is absent from a meeting, the Vice Mayor shall be the presiding
officer; and

(2) If the Mayor is outside of the Town limits, the Vice Mayor shall be authorized to
execute documents authorized by the City Council.

[History: formerly § 1.204, ORD. 205, 12/8/76; ORD. 620, 9/8/04; ORD. 672, 9/10/08]

[Reference: GOV’T CODE §36802, 40601]

City Council and Mayor Colma Municipal Code (November 2018) Page 1.02-3

When the Mayor and Vice Mayor are both absent from a meeting, the members present shall choose another member, preferably by seniority, to act as Mayor Pro Tempore, and that person shall preside over that meeting.

[History: ORD. 672, 9/10/08]

Division Two – Time and Place of Meetings

Except as specifically provided by law, all meetings of the Council shall be open and public.

[History: ORD. 672, 9/10/08]

(a) The City Council shall meet regularly at 7:00 p.m. on the second the fourth Wednesday of each month, at Town Hall, 1198 El Camino Real, Colma, California, then and there to conduct such business as may properly come before it. When the second fourth Wednesday of any month falls on a public holiday, the regular meeting shall be held at 7:00 p.m. the following day. City Council’s regular 7:00 p.m. start time can be modified by the City Manager, with the concurrence of the Mayor or other presiding officer, to commence earlier depending upon the volume of business for the City Council to consider at any given meeting. The City Clerk shall provide prior written notice of the adjusted start time consistent with the Ralph M. Brown Act. The City Council’s intention is to make use of an earlier start time for closed session purposes or ceremonial type events, with all other regular agenda items continuing to commence at 7:00 p.m.

(b) The City Council will not hear any new agenda items past 11:00 p.m. without a majority vote of the Council. At or before 11:00 p.m., the City Council shall determine whether to continue considering any pending item or whether to continue the item. If agenda items remain after the 11:00 pm adjournment, a special meeting may be scheduled, or the items may be continued until the next regularly scheduled City Council meeting. A continued item will appear first under its category at the next regularly scheduled City Council meeting.

(c) The City Council may, from time to time, elect to meet at other locations within the Town and, upon such election, shall give public notice of the change of location in accordance with the applicable provisions of the Government Code.

(d) If, by reason of fire, flood or other emergency as defined in Subchapter 1.17 of this Chapter, it would be unsafe or impossible to meet in the Town of Colma City Hall, City Council meetings may be held, for the duration of the emergency, at such other place as may be designated by the Mayor or, if the Mayor is unable or unavailable to so designate, by the Vice Mayor or City Manager.

[History: formerly § 1.210, ORD. 205, 12/8/76; ORD. 390, 4/12/89; ORD. 436, 3/10/92; ORD. 444, 9/10/92; ORD. 620 9/8/04; ORD. 672, 9/10/08; ORD 717, 3/13/13; ORD 741, 5/13/15; ORD 750, 10/14/16; ORD. 786, 11/28/18]

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[Reference: GOV’T CODE §36813, 54954.2]

(a) A special meeting may be called at any time by the presiding officer or by a majority of the members of the Council, by delivering a written notice to each member at least 24 hours before the meeting is to be held, and such other mailed notice as may be required by law. Such written notice is waived as to each member who is actually present at the meeting or, prior to the meeting, files with the City Clerk a written waiver of notice. Notice shall also be posted in a location freely accessible to the public and delivered to any newspaper, radio or television that has requested notice in writing at least 24 hours before the time of the special meeting. The notice shall specify the time and place of the meeting, the business to be transacted and an opportunity for the public to address the City Council on any item. These noticing provisions shall be followed even where the entire special meeting is conducted in closed session. No business other than that so specified shall be considered at the meeting.

(b) The public must be given an opportunity to address the legislative body before or during the consideration of any matter described in the special meeting notice.

[History: formerly § 1.209, ORD. 205, 12/8/76; ORD. 620, 9/8/04; ORD. 672, 9/10/08]

[Reference: GOV’T CODE §36813, 54956]

An emergency meeting may be called under the circumstances and pursuant to the procedures set forth in Subchapter 1.17 of this Chapter.

[History: ORD. 672, 9/10/08]

(a) The City Council may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment if less than a quorum attends. If no members attend, the City Clerk may declare the meeting adjourned to a stated time and place. In that case, written notice of the adjournment must be given in the same manner as notice of special meetings. In all cases, notice of adjournment must be posted on or near the door of the meeting room within 24 hours of the adjournment.

(b) If a hearing is continued, the time and place where the hearing will resume must be announced at the time of the continuance. Written notice of the continuance must be given in the same manner as notice of adjourned meetings, unless the hearing is continued to a time less than 24 hours after the order of continuance in which case, notice of the continuance must be posted immediately following the meeting at which the order of continuance was made.

[History: ORD. 672, 9/10/08]

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(a) The City Council may hold closed session during any regular or special meeting, or any time otherwise authorized by State law, to consider or hear any matter which is authorized by State law to be heard or considered in closed session.

(b) The general subject matter for consideration shall be expressed in an open meeting before such session is held.

(c) Council members may not reveal the nature of discussion or the authorizations, decisions, or actions from a closed session, unless required by law.

[History: ORD. 672, 9/10/08]

The Town is committed to creating an environment in which facilities for public meetings are accessible. The Town will provide reasonable accommodations (auxiliary aids interpreters, readers, assisted listening devices, text telephones, large print materials, audio tape, help in filling out forms, and other similar services and actions) if such reasonable accommodation (1) has been requested; (2) is required by a person with a disability in order to participate in a public meeting; and (3) can be provided without undue hardship to the Town. Disabled persons may request auxiliary aids and services of their choice, which will be given primary consideration. Communication of accessibility will be included in Town publicity announcements.

[History: ORD. 652, 1/10/07; ORD. 672, 9/10/08]

Division Three - Conduct of Meetings

(a) Except as otherwise provided in this Code, the proceedings of the City Council shall be governed under the latest edition of "Rosenberg's Rules of Order" on all matters pertaining to Parliamentary Law, but no ordinance, resolution, proceeding or action of the City Council shall be invalidated or the legality otherwise affected by the failure or omission to observe or follow such rules.

(b) Subject to appeal to the full Council, the Mayor shall have the authority to prevent the misuse of motion, the abuse of any privilege, or the use of parliamentary procedures to obstruct the business of the Council.

(c) The Mayor shall facilitate and control the conduct of Council meetings. In this role, the Mayor will assist the Council to stay focused on the agenda and the matter under consideration by the Council.

[History: formerly § 1.208, ORD. 205, 12/8/76; ORD. 620, 9/8/04; ORD. 672, 9/10/08]

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[Reference: GOV’T CODE §36813]

(a) A quorum shall consist of a majority of the City Council. A quorum shall be necessary for the transaction of business at a regular or special City Council meeting.

(b) If a council member abstains from voting on a matter, he or she is counted for purposes of establishing a quorum.

(c) If a council member is disqualified from participating because of a conflict on interest, he or she is not counted for purposes of establishing a quorum.

[History: formerly § 1.211, ORD. 205, 12/8/76; ORD. 620, 9/8/04; ORD. 672, 9/10/08]

[Reference: GOV’T CODE §54956]

(a) Except where a specific form of action is required by law, actions by the City Council may be taken by means of an ordinance, resolution or minute action duly made and passed by a majority of the City Council voting on the matter.

(b) An abstention does not count as a vote for or against a matter.

[History: ORD. 672, 9/10/08]

(a) Agenda

(1) An agenda of items to be considered by the City Council in accordance with the
Order of Business will be prepared by the City Clerk on the third business day in
advance of any meeting of the City Council. The City Clerk shall promptly mail or deliver
a copy of the agenda to each member of the Council, the City Engineer and the City
Attorney. If requested, the agenda shall be made available in appropriate alternative
formats to persons with a disabilities, and the agenda shall include information
regarding how, to whom and when a request for disability-related modification or
accommodation, including auxiliary aids or services may be made where required by a
person with a disability in order to participate in the public meeting.

(2) The City Council shall not discuss or take action on an item that did not appear
on the posted agenda at least 72 hours prior to the City Council meeting, except that
members of the Council or Staff may briefly respond to questions posed by persons
exercising their public testimony rights under the Brown Act. In addition, on their own
initiative or in response to questions posed by the public, a member of the City Council
or Staff may: (1) ask a question for clarification; (2) make a brief announcement; or (3)
make a brief report on his or her own activities. Furthermore, a member of the City
Council, subject to rules or procedures of the City Council, may provide a reference to
Staff or other resources for factual information, request Staff to report back to the

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Council at a subsequent meeting concerning any matter, or take action to direct Staff to place a matter of business on a future agenda.

(3) Notwithstanding the foregoing, the City Council may take action on items of
business not appearing on the posted agenda under any of the conditions stated below.
Prior to discussing any item pursuant to this subdivision, the City Council shall publicly
identify the item.

(A) Upon a determination by a majority vote of the City Council that an
emergency situation exists, as defined in Subchapter 1.17 of this Code.

(B) Upon a determination by a two-thirds vote of the City Council present at
the meeting, or, if less than two-thirds of the members are present, a unanimous
vote of those members present, that there is a need to take immediate action
and that the need for action came to the attention of the Council subsequent to
the agenda being posted as specified in subdivision (a)(1).

(C) The item was posted pursuant to subdivision (a)(1) for a prior meeting of
the Council occurring not more than five calendar days prior to the date action is
taken on the item, and at the prior meeting the item was continued to the
meeting at which action is being taken.

(b) Order of Business. The regular order of business may be modified by the Mayor to accommodate persons who have business before the Council, or for any other purpose. The following shall constitute the regular order of business to be followed in conducting the regular meeting of the City Council:

(1) Roll Call

(2) Consent Calendar

(3) Public Hearings

(4) Unfinished Business

(5) New Business

(6) Study Session

(7) Reports

(8) Council Calendar

(9) Adjournment

(c) Consent Calendar

(1) The City Clerk shall enter on the Consent Calendar those routine, non-
controversial items regarding which it can reasonably be expected that there will be no
discussion by members of the City Council, Staff, or interested parties.

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(2) At the time for consideration of the Consent Calendar, the Mayor shall inquire if any council member, staff member, or interested person wishes to discuss any item on the Consent Calendar. In the event that any person indicates his desire to discuss any item, the Mayor shall order such item removed from the Consent Calendar and placed on the regular agenda for consideration in such order he or she deems appropriate.

(3) The Consent Calendar may include items such as the following:

(A) Setting Public Hearings;

(B) Approval of Minutes;

(C) Approval of Warrants;

(D) Approval of Public Works matters;

(E) Acceptance of Improvements;

(F) Second reading and adoption of ordinances;

(G) Claims against the City; and

(H) Destruction of Records.

(a) Content. Public actions of the City Council are recorded in written minutes of the City Council meeting. The City Clerk is required to make a summary only of actions taken or not taken by a vote of the City Council and is not required to record any remarks of council members or of any other person. Generally, the summary of actions and items discussed at the meeting will, by way of example, include a record of the motion as stated by the member making the motion, a record of the member seconding the motion, a record of the vote taken and the vote of each member, and all ayes, noes, abstentions and absent votes. The minutes will, where possible, also reflect the names of public speakers.

(b) Comments for the Record. A Councilmember’s comments may be included in the record only if he or she makes a request that the statement is "for the record" before making the comments, and the City Council approves the request.

(c) Confidentiality. Actions of the City Council concerning confidential property, personnel and/or legal matters of the City are to be reported consistent with State law.

(d) Acceptance by City Council. Written minutes shall be submitted to the City Council at the next regularly scheduled meeting for acceptance. Written minutes shall be made available for public inspection at City offices as soon as is reasonably practicable, after the minutes have been approved by the City Council.

(e) Recordings of Meetings. Any tape or film record of an open and public meeting made for whatever purpose by or at the direction of the City Council shall be secured and stored at Town offices and shall be subject to inspection and copying pursuant to the Public Records Act.

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The City Clerk is authorized to erase or destroy any audio or video tape of a meeting 30 days after the minutes of the meeting have been approved, unless a request has been made in accordance with section 1.02.250(e) below or the City Attorney instructs the City Clerk to preserve the recording.

(a) Public Comments. The “Public Comments” portion of the meeting is set aside for members of the public to address the City Council about Town business other than scheduled agenda items. It is not a public forum for members of the public to discuss matters beyond the Town’s jurisdiction or for Town of Colma employees to air professional grievances, complaints, observations or questions of any nature.

(b) Addressing the Council. Any member of the public wishing to address the City Council orally, on Town business matters appearing on the Council agenda, may do so when that item is taken up by the City Council, or as otherwise specified by the Council or its presiding officer. Preference shall be given to those who have completed and presented to the City Clerk a Request to Address the City Council. During the meeting, no person will be permitted to speak about matters or present evidence which do not relate directly to the matter being considered. A determination of relevance shall be made by the Mayor, but may be appealed by the speaker to the full Council, or by a Councilmember.

(c) Through the Chair. Persons in the audience should address their remarks to the Mayor and ask their questions through the Mayor. They may not address questions or remarks between themselves or to a council member, except with the express permission of the Mayor.

(d) Time Limits. Except as provided elsewhere in this Code or as ordered by the Mayor at a meeting, all presentations shall be subject to the following time limits:

(1) Staff presentations are limited to 10 minutes;

(2) A time limit of three minutes may be imposed on each speaker who is not a
project applicant or appellant; and

(3) In order to expedite matters and to avoid repetitious presentations, whenever
any group of persons wishes to address the City Council on the same subject matter,
the presiding officer may request that a spokesperson be chosen by the group, and, in
case additional matters are to be presented by any other member of the group, that
there be a limit on the number of such persons addressing the City Council. A specific
time limit may also be set for the total presentation.

[History : formerly 1.205, ORD. 205, 12/8/76; ORD. 211, 6/8/77; ORD. 620, 9/8/04; ORD.
672, 9/10/08]

[Reference: GOV’T CODE §36813, 36808]

(a) Members of the public are encouraged to share their comments in writing to the City Council and City Manager, relating to any items of Town business, whether on the City Council

City Council and Mayor Colma Municipal Code (November 2018) Page 1.02-10

agenda or otherwise. Such written comments will be distributed to members of the Council, and considered and acted upon, or not acted upon, as the City Council, in its judgment, may deem appropriate.

(b) Any person seeking to submit written materials to the City Council for consideration at a meeting shall submit them to the City Clerk at least 72 hours in advance of a regular meeting and 24 hours in advance of a special meeting. This requirement shall not apply to materials that are used to illustrate, present or summarize the same information in a different medium (e.g., power point presentations, large pictorial or graphic displays) or to presentation outlines.

(c) A person other than a staff member seeking to submit written materials after these deadlines must obtain permission from the City Manager and must state a good reason why the materials were not submitted earlier. The City Manager may grant the request with or without conditions, including but not limited to the condition that the matter be continued to a later date, or may deny the request.

(d) Documents submitted to a majority of the council less than 72 hours prior to a public meeting should be made available for public inspection at a public counter or as soon as they are distributed to the City Council.

(e) Any document related to an agenda item provided to the City Council at the meeting by the staff must be made available to the public at the meeting. Documents provided by others need only be provided to the public after the meeting.

(f) Written communications and petitions concerning the subject matter of the hearing will be noted, read aloud, or summarized by the Mayor. A reading of the entire communication or petition shall take place if approved by a majority of the City Council.

(a) Introduction and Passage. Ordinances shall not be passed within five days of their introduction, nor at other than a regular meeting or at an adjourned regular meeting. However, an urgency ordinance may be passed immediately upon introduction and either at a regular or special meeting. Except when, after reading the title, further reading is waived by regular motion adopted by unanimous vote of the council members present, all ordinances shall be read in full either at the time of introduction or passage. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned regular meeting held at least five days after alteration. Corrections of typographical or clerical errors are not alterations within the meaning of this section.

(b) Enacting. The enacting clause of ordinances shall be “The City Council of the Town of Colma does ordain as follows”:

(c) Vote and Signature. All ordinances require the vote of at least three council members for passage. If passed, ordinances shall be signed by the Mayor and attested by the City Clerk.

(d) Posting. Within fifteen days after its passage, the Clerk shall cause each ordinance, or a summary thereof prepared by the City Attorney, to be posted in at least three public places in the City. Except as provided in subsection (e) below, an ordinance shall not take effect or be

City Council and Mayor Colma Municipal Code (November 2018) Page 1.02-11

valid unless it is published or posted in substantially the manner and for the time required by this subsection.

(e) When Ordinances Take Effect. Except for ordinances set forth in this subsection, ordinances shall take effect thirty days after their adoption. An ordinance shall take effect immediately if it is an ordinance:

(1) relating to an election;

(2) for the immediate preservation of the public peace, health or safety, containing a
declaration of the facts, constituting the urgency, and is passed by a four-fifths vote of
the City Council;

(3) relating to street improvement proceedings;

(4) relating to taxes for the usual and current expenses of the Town; or

(5) covered by particular provisions of the law prescribing the manner of its passage
and adoption.

(f) Urgency Ordinances. An urgency ordinance, if passed in compliance with subsection (e)(2) above, may be adopted immediately upon introduction at either a regular or special meeting of the City Council.

[History : formerly § 1.206, Ord. 205, 12/8/76; ORD. 620, 9/8/04; ORD. 672, 9/10/08]

[Reference: GOV’T CODE §36931, 36932, 36933]

Resolutions or orders for payment of money shall be adopted or made only at a regular meeting, or at a special meeting for which the notice of such special meeting specifies the business to be transacted. Resolutions and orders for payment of money require the vote of at least three council members for passage.

[History: formerly § 1.207, ORD. 205, 12/8/76; ORD. 620, 9/8/04; ORD. 672, 9/10/08]

[Reference: GOV’T CODE §36935, 36936]

Notice of the time, place and purpose of a public hearing shall be given by the City Clerk not less than ten (10) nor more than forty (40) days prior to the date of such hearing in the following manner:

(a) In the case of any matter not involving a discretionary entitlement to develop or use land, by posting a copy of such notice on the three official bulletin boards of the Town of Colma.

City Council and Mayor Colma Municipal Code (November 2018) Page 1.02-12

(b) In the case of any matter involving a discretionary entitlement to develop or use land, by:

(1) posting a copy of such notice on the three official bulletin boards of the Town of
Colma;

(2) posting a copy of such notice in a conspicuous place at or near the property
involved;

(3) mailing or delivering a copy of such notice to the owners of all property within
300 feet of the property involved, using for this purpose the last adopted tax roll of the
County of San Mateo; and

(4) mailing or delivering a copy of such notice to each local agency expected to
provide water, sewage, streets, roads, schools, or other essential facilities or services to
the project, whose ability to provide those facilities and services may be significantly
affected.

(c) The notice shall include the date, time, and place of the public hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing.

(d) The failure of any person or entity to receive the notice given pursuant to this section shall not constitute grounds for any court to invalidate the actions of a local agency for which the notice was given.

(e) In addition to the notice required by this section, the Town may give notice of the hearing in any other manner it deems necessary or desirable.

(f) For any public hearing involving a permit for a drive-through facility, or modification of an existing drive-through facility permit, the Town shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities into its normal noticing procedures, in order to facilitate their participation in any hearing on, or appeal of the denial of, a drive- through facility permit.

[History: Ord. 691, 07/14/10]

[Reference: GOV’T CODE §§ 65090 to 65095, 65905]

(a) Notwithstanding any other provision in this Code, a public hearing affecting a substantial, direct property interest of any applicant, appellant or other person or entity (hereinafter, “administrative public hearing”) shall be conducted in accordance with the provisions of this section.

(b) The following shall constitute the order of conducting an administrative public hearing, unless the Mayor shall direct otherwise:

City Council and Mayor Colma Municipal Code (November 2018) Page 1.02-13

(1) Staff report and recommendations;

(2) Applicant’s presentation of evidence;

(3) Proponent’s presentation of evidence;

(4) Opponent’s presentation;

(5) Recall of witnesses by City Council;

(6) Close of public hearing.

(c) A project applicant, appellant or other person or entity with a substantial, direct property interest in an administrative public hearing, or any duly designated representative of such a person or entity, shall have sufficient time for oral presentation or testimony in connection with the noticed public hearing item to which their oral presentation or testimony relates. However, the decision on what constitutes sufficient time shall rest with the City Council or presiding officer of the hearing, based on the facts and circumstances of the particular matter, the nature and complexity of the particular issue, the number of persons wishing to be heard, and like considerations. It is presumed that ten minutes constitutes sufficient time for a project applicant or appellant to make its oral presentation, regardless of the number of individual presenters.

(d) The following rules shall govern the taking of evidence at a public hearing:

(1) Hearings need not be conducted according to technical rules relating to evidence
and witnesses. Any relevant examples or evidence may be considered allowable if they
present the sort of evidence upon which responsible persons are accustomed to rely in
the conduct of serious affairs.

(2) Witnesses may be sworn, in the discretion of the Mayor.

(3) Witnesses shall address their comments to the City Council, and should make
their presentation in narrative form.

(4) Any person desiring to pose questions in the nature of cross-examination shall
submit the nature of such questions to the Mayor who may allow that person to conduct
the cross-examination or may elect to have the Mayor conduct the cross-examination at
a time he or she considers appropriate. Questions that seek merely to impeach a
witness, or that raise matters that can be made part of the presentation of the person
seeking to pose such questions, are not favored.

(5) Hearsay statements may be admitted in the discretion of the Mayor.

(6) Petitions and letters may be admitted for the sole purpose of proving support or opposition to the matter under consideration.

(7) Reports and writing made by any person present at the hearing, or made by any
governmental agency in the regular course of business, may be admitted in evidence.

City Council and Mayor Colma Municipal Code (November 2018) Page 1.02-14

(e) When a matter is contested and a request is made in writing prior to the date of the hearing, the City Clerk shall insure that a record of all their hearings shall be made and duly preserved, a copy of which shall be available at cost. The Town may require a deposit from the person making the request.

(f) Nothing herein shall be construed to deprive, restrict or limit the power of the Mayor or the City Council to maintain order at the meeting, or to set or amend its own rules for the conduct of the meeting.

[History: formerly § 1.212, ORD. 234, 3/14/79; ORD. 411, 5/9/90; ORD. 620, 9/8/04; ORD. 672, 9/10/08]

[Reference: GOV’T CODE §36813]

Division Four – Reconsiderations and Appeals

For purposes of judicial review, all administrative actions by the City Council become final on the date taken, except where:

(1) This Code specifically provides that the action is effective on a later date, in
which case the action shall become effective on that date; or

(2) A Request for Reconsideration is specifically authorized by this Code and is filed
in a timely fashion, in which case the effective date shall be as set forth in the next
section.

Whenever this Code specifically provides for a Request for Reconsideration of an administrative action of the City Council, a project applicant or other person or entity with a substantial, direct property interest in the administrative action taken by the City Council may request that the administrative action of the City Council be reconsidered, in accordance with the following procedures:

(1) A written Request for Reconsideration, along with the specified fee, shall be filed
with the City Clerk within 10 days following the action of the City Council.

(2) The Request for Reconsideration shall specifically state the interest of the party
filing the request, and wherein it is claimed that there was an error or abuse of
discretion by the City Council, or wherein the City Council’s decision is not supported by
evidence in the records.

(3) The Request for Reconsideration shall be brought before the City Council not
later than its next regular meeting following 15 days after filing of such request with the
City Clerk.

(4) When the Request for Reconsideration is brought before the City Council, the
City Council shall vote to either grant or deny the Request for Reconsideration.

City Council and Mayor Colma Municipal Code (November 2018) Page 1.02-15

(5) The motion shall be granted only if at least three council members so vote. If the motion carries, the original matter will be considered at that or another meeting, and a new motion is in order. The matter may be discussed and debated and evidence may be taken, as if the matter were on the floor for the first time. If the Request for Reconsideration is not granted, the prior action taken by the City Council on the matter shall become final.

[History: formerly § 1.213, ORD. 234, 3/14/79; ORD. 620, 9/8/04; ORD. 672, 9/10/08]

[Reference: GOV’T CODE §36813]

(a) Except as provided below, the procedures set forth in this section shall govern an appeal by any interested person from an action, decision or determination (“action”) by the City Manager, City Planner, or City Engineer (i) granting or denying any permit authorized by the Town of Colma Municipal Code, or (ii) affecting some other property interest of the appellant.

(b) The appellant must file a written notice of appeal with the City Clerk within 10 days after receiving notice of the action and pay a filing fee established by the City Council by resolution. The notice of appeal shall state the action being appealed, the date of the action, the name of the official who took the action, and a brief summary of the reasons why the appeal should be granted.

(c) An appeal from an administrative action shall be placed on the agenda of the City Council at a regular or special meeting to be conducted within 60 days of receipt of the notice. The appeal shall be determined by the City Council as a summary proceeding, without a full evidentiary hearing and without a public hearing, unless state law or this Code otherwise requires the appeal to be considered at a public hearing, as in the case of an appeal from a decision to grant or deny a use permit pursuant to sections 5.03.410 or 5.03.520 of this Code. The appellant shall be given a reasonable opportunity to present his or her arguments. The City Council shall have the power to approve, modify, or overrule said action in a manner not inconsistent with Federal or State law, or local ordinances. For purposes of judicial review, the decision of the City Council shall be final when made.

(d) The provisions of this section shall not apply to an appeal from a disciplinary action by an employee or a grievance by an employee, which shall be handled in the manner prescribed by the Town’s Personnel Policies and Procedures Manual; or to any matter governed by section 1.12.010 of this Code.

[History: formerly § 1.214, ORD. 521, 12/10/97; ORD. 620, 9/8/04; ORD. 672, 9/10/08; ORD. 691, 07/14/10]

[Reference: GOV’T CODE §36813]

City Council and Mayor Colma Municipal Code (November 2018) Page 1.02-16

Division Five - Validity of Actions Taken

The City Attorney, or special counsel appointed by the City Council, may bring an action under California Code of Civil Procedure section 860 et seq. to determine the validity of any matter considered by the City Council, including but not limited to the validity of any ordinance, resolution, appointment to office, contract, tax, assessment, or appropriation.

[History: formerly § 1.215, ORD. 581, 7/12/00; ORD. 620, 9/8/04; ORD. 672, 9/10/08]

The City Council shall not issue any permit, license, or other entitlement that would violate Federal or State law or a mandatory provision of this code. The issuance of a permit or approval of plans, specifications and computations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Code or of other ordinances, laws or regulations.

[History: ORD. 653, 2/21/07; ORD. 672, 9/10/08]

Division Six - Accessibility to Services, Programs and Activities

The City Council of the Town of Colma finds as follows:

(a) In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), and Section 504 of the Rehabilitation Act of 1973 (the “Acts”), the Town of Colma will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities.

(b) The Town of Colma does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under Title I of the ADA.

(c) The Town of Colma is committed to ensuring that no qualified person with a disability is excluded from participating in, or denied the benefits of, the programs, services, and activities provided by the Town in the most integrated way appropriate to their needs, because of a disability, and that its communications with people with disabilities are as effective as its communications with others, and therefore it is the policy of the Town of Colma to provide reasonable accommodations for people with disabilities seeking access to Town of Colma services, programs, and activities or communications.

(d) It is the policy of the Town of Colma to, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the Town’s programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments.

City Council and Mayor Colma Municipal Code (November 2018) Page 1.02-17

(e) It is the policy of the Town of Colma to make all reasonable modifications to policies, practices and procedures as needed to ensure that people with disabilities have an equal opportunity to enjoy all of its services, programs, and activities. For example, individuals with service animals are welcomed on all Town property, even where pets would otherwise be prohibited.

[History: ORD. 689, 3/10/10]

This subchapter provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to Town of Colma services, programs, activities, communications and public facilities. For purposes of this subchapter, public facilities include all or any portion of public buildings, structures, sites, complexes, equipment, rolling stock or other conveyances, roads, walks, passageways, parking lots, or other real or personal property, including the site where the public building, property, structure, or equipment is located.

[History: ORD. 689, 3/10/10]

(a) Authorized Applicants. A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of any Town of Colma ordinance, rule, regulation, policy, procedure or practice acts as a barrier to equal access to Town of Colma services, programs, activities, communications and public facilities by a person with a disability.

(b) Requests should be directed to the City Manager

[History: ORD. 689, 3/10/10]

(a) A “person with a disability” is a person who has, or is regarded as or has a record of having, a physical or mental impairment that limits or substantially limits one or more major life activities. This chapter is intended to apply to those persons who are defined as disabled under the Acts.

(b) A “physical impairment” is a physiological disorder or condition, cosmetic disfigurement or anatomical loss impacting one or more body systems. Examples of body systems include neurological, musculoskeletal (the system of muscles and bones), respiratory, cardiovascular, digestive, lymphatic and endocrine.

(c) A “mental impairment” is a mental or psychological disorder. Examples include mental retardation, emotional or mental illness, and organic brain syndrome.

(d) Other “impairments” that may qualify as a disability include, without limitation, contagious and noncontagious diseases; orthopedic, vision, speech and hearing impairments; cerebral palsy; epilepsy; muscular dystrophy; multiple sclerosis; cancer; heart disease;

City Council and Mayor Colma Municipal Code (November 2018) Page 1.02-18

diabetes; specific learning disabilities; HIV disease (with or without symptoms), tuberculosis, drug addiction, and alcoholism.

(e) A “major life activity” is an activity that is central to daily life of most people, including, without limitation, walking, seeing, hearing, breathing, sleeping, speaking, eating, caring for oneself, sitting, standing, lifting, bending, learning, reading, thinking, working, concentrating, communicating, and performing manual tasks that are central to daily life. A major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

(f) An impairment “substantially limits” a major life activity if the person cannot perform a major life activity the way an average person in the general population can, or is significantly restricted in the condition, manner or duration of doing so. An impairment is “substantially limiting” if the limitation is severe, significant, considerable, or to a large degree within the meaning of current ADA jurisprudence.

[History: ORD. 689, 3/10/10]

(a) The Town may comply with the requirements of this subchapter through such means as redesign of equipment, reassignment of services to accessible buildings, assignment of aides to beneficiaries, home visits, delivery of services at alternate accessible sites, alteration of existing facilities and construction of new facilities, use of accessible rolling stock or other conveyances, or any other methods that result in making its services, programs, or activities readily accessible to and usable by individuals with disabilities. In choosing among available methods for meeting the requirements of this subchapter, the Town shall give priority to those methods that offer services, programs, and activities to qualified individuals with disabilities in the most integrated setting appropriate.

(b) Limitations on Obligation to Provide Reasonable Accommodation.

(1) The Town is not required to grant a request for a reasonable accommodation
where it can demonstrate that the requested accommodation would result in a
fundamental alteration to the nature of its program, or activity, or would result in an
undue financial or administrative burden. A fundamental alteration is a change to such
a degree that the original program, service, or activity is no longer the same.

(2) The Town is not required to make structural changes in existing facilities where
other methods are effective in achieving compliance with this subchapter.

(3) The Town is not required to provide people with disabilities with personal or
individually prescribed devices (wheelchairs, hearing aids or communication devices) or
to provide services of a personal nature (such as assistance in eating, toileting or
dressing) unless providing such services are part of the services offered by the program.

(4) The Town is not necessarily required to make a public facility fully compliant with
current accessibility codes, so long as all Town services, programs, or activities are
accessible to and usable by people with disabilities when viewed in their entirety.

City Council and Mayor Colma Municipal Code (November 2018) Page 1.02-19

[History: ORD. 689, 3/10/10]

Communications.

(a) All notices, agendas, minutes and written communications provided to the public in connection with a public meeting under any provision of this subchapter or Code shall be made available in appropriate alternative formats to persons with disabilities when requested pursuant to this division and when necessary as a reasonable accommodation to enable such persons to have equal access to the notice or hearing.

(b) All public meeting notices and agendas shall include information regarding how, to whom, and when a request for disability-related modification or accommodation, including auxiliary aids or services, may be made by a person with a disability in order to participate in the public meeting or hearing for which notice is being given.

[History: ORD. 689, 3/10/10]

All notices required under, or provided in connection with any action taken by the Town of Colma pursuant to this Code, including without limitation, notices of pending permit and land use entitlement applications; notices of administrative hearings; notices of appeals; notices regarding local emergencies; and notices of the sale of public property shall be made available in appropriate alternative formats to persons with disabilities when requested pursuant to this division and when necessary as a reasonable accommodation to enable such persons to have equal access to the notice or program, service or activity.

[History: ORD. 689, 3/10/10]

All forms and applications provided by the Town of Colma, or required to be submitted to the Town of Colma pursuant to this Code or the Colma Administrative Code, including without limitation, employment applications; permit applications; applications for participation in Town recreation programs; applications for administrative hearings and requests for appeals; and forms for submitting claims against the Town of Colma pursuant to Chapter 1-14 of this Code, shall be made available in appropriate alternative formats to persons with disabilities when requested pursuant to this division and when necessary as a reasonable accommodation to enable such persons to have equal access to the application or related service, program or activity.

[History: ORD. 689, 3/10/10]

(a) In order to ensure that its communications with people with disabilities are equally effective as its communications with others, the Town shall provide appropriate auxiliary aids and services where such aids and services are requested, and are necessary to ensure equally effective communication, including without limitation, at public meetings and administrative

City Council and Mayor Colma Municipal Code (November 2018) Page 1.02-20

hearings. Examples of such aids or services for disabled individuals who are deaf or hard of hearing include qualified interpreters; notetakers; real-time captioning; written materials; assistive listening systems; open or closed captioning; Teletypewriters (TTYs) or Telecommunication Devices for the Deaf (TDDs); and exchange of written notes (if the communication is not complex). Examples of such aids or services for disabled individuals who are blind or low vision include qualified readers; audiotapes; Braille; or large print materials; audio-descriptions of Power Point or video presentations; and assistance in locating items. Examples of such aids or services for individuals with a speech disability include TTYs and computer terminals (take turns typing back and forth (if the communication is not complex)).

(b) In considering requests for auxiliary aids and services, the Town shall give primary consideration to the choice of auxiliary aid or service requested by the disabled person, and shall seek to provide such aid or service unless it determines that: (1) there is an equally effective way to communicate; or (2) such aid or service will result in a fundamental alteration in the program, or an undue financial or administrative burden.

[History: ORD. 689, 3/10/10]

(a) Application. A request for reasonable accommodation shall be initiated by submitting to the appropriate Department Director a completed application form, signed by the disabled individual or authorized agent, containing the following information:

(1) The applicant’s name, address and telephone number;

(2) The basis for the claim that the individual is considered disabled under the Acts;

(3) The Town service, program, or activity in connection with which access through
a reasonable accommodation is being requested; and

(4) An explanation of why the reasonable accommodation is necessary to make the
Town service, program or activity accessible to the individual.

(b) Request for Auxiliary Aid for Public Meeting. Notwithstanding subsection (a), requests for reasonable accommodations involving the provision of auxiliary aids or services in connection with a public meeting or hearing must be made to the ADA Coordinator at least 2 business days in advance of the meeting or hearing.

(c) Request Related to Land Use/Entitlement. Notwithstanding subsection (a), if the request for reasonable accommodation is being made in connection with a development project or some other land use or zoning related entitlement for which planning approval is required (such as a use permit, variance, design review permit, zone change, general plan amendment or subdivision), then the applicant shall submit the request for accommodation to the City Planner pursuant to Section 5.15.050, et seq. of this Code.

[History: ORD. 689, 3/10/10; ORD. 693, 9/8/10]

City Council and Mayor Colma Municipal Code (November 2018) Page 1.02-21

(a) Request Filed with ADA Coordinator. A request for reasonable accommodation filed with the ADA Coordinator shall be deemed filed with the appropriate Department Director, and the ADA Coordinator shall direct the request to the appropriate Department Director.

(b) Assistance with Preparation of Request. The ADA Coordinator may assist any person requesting reasonable accommodation with the preparation and presentation of his or her request. The ADA Coordinator shall assist any person with a disability in submitting a request for reasonable accommodation, or an appeal from a denial of the same, through an alternative method where the individual is unable to submit the request as required above because of his/her disability.

[History: ORD. 689, 3/10/10; ORD. 693, 9/8/10]

(a) Consideration of Request. In considering whether to grant or deny a request for a reasonable accommodation, the Department Director shall consider all resources available to the Town for use in the funding and operation of the service, program, or activity.

(b) Findings. The written decision to grant or deny a request for reasonable accommodation shall be based on consideration of the factors set forth below.

(1) Whether the Town service, program or activity, which is the subject of the
request, will be used by an individual with a disability under the Acts.

(2) Whether the request for reasonable accommodation is necessary to make the
Town service, program or activity available to an individual with a disability.

(3) Whether there is an alternative accommodation which may provide an equivalent
level of benefit. However, the Department Director shall give primary consideration to
the accommodation requested by the applicant, and shall endeavor to provide the
requested accommodation, unless the Town’s alternative will provide an equivalent level
of benefit and the accommodation requested would fundamentally alter the nature of
the program, service, or activity, or result in an undue financial or administrative
burden.

(4) Whether the requested reasonable accommodation would impose an undue
financial or administrative burden on the Town.

(5) Whether the requested reasonable accommodation would require a fundamental
alteration in the nature of the Town service, program or activity. If the Department
Director determines that a requested accommodation would result in a fundamental
alteration or an undue financial or administrative burden, the Town may take any other
action that would not result in such an alteration or such burdens but would
nevertheless ensure that individuals with disabilities receive equal access to the benefits
or services provided by the Town.

City Council and Mayor Colma Municipal Code (November 2018) Page 1.02-22

(c) Conditions of Approval. In granting a request for reasonable accommodation, the Department Director may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required in subsection (b) of this section.

[History: ORD. 689, 3/10/10; ORD. 693, 9/8/10]

A determination by the Department Director to grant or deny a request for reasonable accommodation may be appealed in accordance with Section 1.02.430 of this Code.

[History: ORD. 689, 3/10/10; ORD. 693, 9/8/10]

Reasonable Accommodation.

(a) Appeal from Denial of Request for Reasonable Accommodation. An appeal from a denial for a request for reasonable accommodation made under Section 1.02.390, or Section 5.15.010, et seq. of this Code shall be considered a complaint within the meaning of this Section and processed in accordance with this Section.

(b) Filing a Grievance Complaint. Any individual may file a written complaint alleging that the Town has discriminated against him or her on the basis of his or her disability in the provision of its services, activities, facilities or programs. The complaint shall be filed with the City Manager no later than 60 days from the date that the alleged discrimination occurred. If a complaint is based on the denial of a requested reasonable accommodation, the date that the alleged discrimination occurred shall be the date that the requested accommodation was denied.

(c) Incomplete Complaint. The complaint shall contain all information necessary to allege that the discrimination occurred. If the complaint fails to contain all necessary information, the City Manager shall notify the complainant in writing of any additional information that is needed to complete the complaint within fifteen (15) days of receiving it. If the complainant fails to complete the complaint form following notice from the City Manager, the City Manager shall close the complaint without prejudice.

(d) Response to Complaint. Within fifteen (15) calendar days after receipt of a complete complaint, the City Manager shall contact the complainant to discuss the complaint and possible resolutions. The City Manager shall provide the complainant with a written response determining whether the alleged discrimination has occurred, and offering options for resolution of the complaint, where applicable, within thirty (30) calendar days of the meeting. This deadline is not mandatory, and may be extended where necessary for the City Manager to work with other Town staff to formulate alternative resolution options by providing written notice to the complainant. The written notice shall inform the complainant of the amount of additional time needed and estimated date of decision.

(e) Appeal. If a complainant contests the City Manager’s response, or contends that the options for resolution will not satisfactorily resolve the complaint, he or she may appeal the response to the City Council in accordance with Section 1.02.270 of the Colma Municipal Code.

City Council and Mayor Colma Municipal Code (November 2018) Page 1.02-23

(f) Document Retention. The Town shall keep all written complaints received pursuant to this Section; all Town written responses to those complaints; and all related written appeals and written appeal responses, for no less than three (3) years following their submission to the respective party.

(g) Responding to Requests for Structural Improvements. In responding to complaints regarding structural improvements, the City Manager is limited to the funds in established Capital Improvement Projects and other miscellaneous funds. In the event that these allocated funds are insufficient to fund the improvement, already allocated, or otherwise inappropriate for the use the complainant is requesting, the City Manager shall direct the ADA Coordinator to include the requested improvements in the Town’s ADA Transition Plan and the City Council shall prioritize and schedule the improvements as it deems appropriate.

(h) Accessibility Accommodations. If a complainant is unable to submit a written complaint or appeal under this Section as a result of his or her disability, the Town shall assist a complainant in completing the complaint form or submitting a complaint or appeal through an alternative format, such as a personal interview, or tape recording, upon request. Similarly, the Town shall provide the responses required by this Section in alternative accessible formats such as large print, Braille, or audio tape, where necessary to accommodate a complainant with a disability upon request.

(i) Not Exclusive or Required. The use of the grievance procedure set forth in this Section does not preclude filing a complaint of discrimination with any appropriate state or federal agency, and is not a prerequisite to the pursuit of other legal remedies.

[History: Ord. 693, 9/8/10]

Division Seven – Proposition 218 Protest Procedures

The purposes of this ordinance are to establish procedures under Article XIII D, section 6 of the California Constitution for the completion, filing and tabulation of written protests against proposed new or increased property-related fees or charges, and to assist the Town in complying with the procedural requirements for determining whether a majority protest exists for purposes of Proposition 218 (hereinafter referred to as the “Prop 218 Majority Protest Process”).

(a) “Majority protest” means that Protests (as defined below) are submitted, and not withdrawn, by a majority (50% +1) of property owners or tenants of those parcels subject to the proposed rates.

(b) “New Rate” means the imposition of a new property-related fee or charge or an increase in a property-related fee or charge.

City Council and Mayor Colma Municipal Code (November 2018) Page 1.02-24

(c) “Noticing period” means the period from the mailing of the Notice of Public Hearing described in section 1.02.460 to the close of the public hearing.

(d) "Owner" means the owner of record, as shown on the records of the County Record, and the owner’s authorized representative. If the owner of a parcel is a partnership, joint tenancy, or a tenancy in common, a Protest may be filed by any of the general partners, joint tenants, or tenants in common.

[History: ORD. 702, 9/14/11; ORD. 703, 10/12/11]

(a) Proposition 218 requires that, prior to establishing a new or increased property-related fee or charge, the Town provide a written notice of public hearing to the record owner of each parcel upon which the fee or charge will be imposed and to each tenant directly responsible for the fee or charge.

(b) The notice must contain, at a minimum, the following information: (1) the amount of the fee or charge; (2) the basis upon which the new or increased fee was calculated; (3) the reason for the new or increased fee; (4) the date, time, and location for the public hearing on the new or increased fee; and (5) the right of property owner to file a “written protest” to the new or increased fee anytime prior to the conclusion of that hearing.

(c) At least 45 days prior to the public hearing, the notice must be mailed to each property owner and tenant directly responsible for the fee or charge, and posted on the three official bulletin boards of the Town.

(d) The City Council must conduct a public hearing at the date, time, and location specified in the notice (which date cannot be less than 45 days after the notices have been mailed), and must determine whether there is a “majority protest” against the rate increase. If the City Council finds that there is a “majority protest” then the Town may not adopt the new or increased rate.

[History: ORD. 702, 9/14/11; ORD. 703, 10/12/11]

The City Clerk will officiate over the 218 Majority Protests Process for the Town. These procedures will be kept on file at the public information counter in the office of the City Clerk.

[History: ORD. 702, 9/14/11; ORD. 703, 10/12/11]

Any owner of an assessor’s parcel subject to the proposed New Rates, and any tenant directly liable to pay the New Rates, may file a written protest against the proposed New Rates (“Protest”). If the owner of the parcel is a partnership, joint tenancy or tenancy in common, a Protest may be filed by any of the general partners, joint tenants or tenants in common. However, only one Protest will be counted per parcel regardless of the number of individual Protests filed.

City Council and Mayor Colma Municipal Code (November 2018) Page 1.02-25

[History: ORD. 702, 9/14/11; ORD. 703, 10/12/11]

(a) In order to be counted, the Protest must be in writing and must include the following information:

(1) The identification of the property, by address or assessors parcel number;

(2) The name of the property owner;

(3) The signature of the owner, or an authorized representative of the owner, or a
tenant directly liable to pay the property-related charge; and

(4) A statement of protest.

(b) By signing the Protest, the property owner or tenant is verifying to the truth and accuracy of the information contained in the Protest.

(c) Only written Protests that contain all of the information stated in paragraph (c) above, and are delivered to the City Clerk before the close of the Public Hearing, in one of the manners described below, will be counted and tabulated for purposes of determining whether a majority protest exists.

[History: ORD. 702, 9/14/11; ORD. 703, 10/12/11]

(a) Protests may be delivered in any of the following ways:

(1) Sent in a fully prepaid and sealed envelope addressed to the City Clerk, Town of
Colma, 1198 El Camino Real, Colma, California 94014, via United States Mail or a
nationally recognized courier, and received by the City Clerk by 4:30 PM on the date of
the public hearing on the proposed New Rates; or

(2) Hand-delivered, in person, to the City Clerk, at the Public Hearing on the
proposed rates, provided that the delivery is before the close of the Public Hearing on
the proposed New Rates.

(b) Protests by telephone, fax, email or any means other than specified in this resolution will not be accepted.

(c) The Town makes no representation as to whether the public portion of the Public Hearing will be concluded on the date scheduled for commencement of the Public Hearing or continued to a later date.

(d) The Town will retain any Notice that is returned to it as “undeliverable” by the U. S. Postal Service for the duration of the proceedings on the proposed rates.

[History: ORD. 702, 9/14/11; ORD. 703, 10/12/11]

City Council and Mayor Colma Municipal Code (November 2018) Page 1.02-26

(a) After filing a Protest with the Town, the person who signed the Protest may withdraw the Protest by submitting a written notice of withdrawal in person to the City Clerk in the manner prescribed in section 5 for submittal of a protest. The notice of withdrawal must be submitted to the City Clerk in a sealed envelope with the words “Withdrawal of Protest Against Proposed ___ [New Rates]” written on the front of the envelope.

(b) The City Clerk will retain all withdrawn Protests and will clearly indicate on the face of such Protests that they have been withdrawn.

[History: ORD. 702, 9/14/11; ORD. 703, 10/12/11]

(a) Protests may be tabulated periodically during the noticing period at the office of the City Clerk, 1198 El Camino Real, Colma, California.

(b) The City Clerk shall perform the final tabulation of Protests at the Public Hearing following the close of the public comment portion of the Public Hearing. In the event the City Clerk cannot complete the tabulation of the protests before the conclusion of the City Council meeting, the City Council may continue the action to impose or not impose the Fee to another City Council meeting date. The continuation of the item to another meeting does not reopen the public hearing on the proposed Fee.

(c) Only Protests which are timely filed and contain all required information as specified in section 1.02.500 shall be counted for purposes of determining whether a majority protest exists. Protests that are incomplete (i.e., do not contain all required information), or that are received after the close of the Public Hearing shall not be counted by the City Clerk.

(d) The City Clerk’s decision regarding the validity of a protest or a request for the withdrawal of a protest shall constitute a final action of the Town and shall not be subject to any internal appeal.

(e) Protests withdrawn in accordance with these procedures shall not be counted by the City Clerk.

(f) The City Clerk shall only count one Protest per assessor’s parcel subject to the proposed rates for purposes of determining whether a majority protest exists. Thus, if more than one Protest is filed for the same parcel, e.g., by the property owner and one or more tenant directly liable to pay the property-related charge for the property, the City Clerk shall only count one Protest for the identified parcel.

(g) Comments received or filed in support of the proposed rate increases have no significance and are not considered in determining whether a majority protest exists; only Protests are counted. In other words, if a person who is so eligible files a Protest as to a parcel, the Protest will be counted as a Protest even if a different eligible person submits a statement in support of the proposed rates. For example, if a parcel has two property owners, one of whom files a Protest and one of whom files a written statement in support of the rate

City Council and Mayor Colma Municipal Code (November 2018) Page 1.02-27

increase, the Protest is counted as one Protest and its weight is not impacted by the statement in support of the rate increase.

(h) A majority protest exists if valid written protests are timely submitted and not withdrawn by the Owners of, or Customers with respect to, a majority of the identified parcels. If there is a majority protest against the imposition of the proposed rates, the City Council shall not impose the New Rates

(i) The City Clerk shall announce the results of the Protest tabulation after all Protests have been counted and shall enter the results into the minutes of the City Council meeting.

[History: ORD. 702, 9/14/11; ORD. 703, 10/12/11]

(a) Each written Protest shall be kept confidential until it is unsealed by the City Clerk to be tabulated. Once unsealed, the Protests shall be made available for inspection and copying by the public.

(b) The Town shall keep all written Protests for a minimum of two years following the Public Hearing.

[History: ORD. 702, 9/14/11; ORD. 703, 10/12/11]

In the event of a dispute regarding whether the signer of a Protest is the owner of the parcel to which the Protest applies or a tenant directly liable to pay the cost of service at that parcel, the Town will resolve the dispute based on the last equalized assessment roll and any evidence regarding ownership of the parcel or liability for the payment of property-related charges submitted to the Town prior to the conclusion of the Public Hearing. The Town is under no duty to obtain or consider any evidence as to the disputed issue and the Town’s determination will be final and conclusive.

[History: ORD. 702, 9/14/11; ORD. 703, 10/12/11]

City Council and Mayor Colma Municipal Code (November 2018) Page 1.02-28

CHAPTER ONE: ORGANIZATION, FUNCTIONS, AND GENERAL PROVISIONS

Subchapter 1.03: Officers and Employees

(a) The City Council authorizes and establishes the following offices to perform the duties set forth in the state laws: City Manager, City Attorney, Chief of Police, City Engineer, Building Official, City Planner and Zoning Administrator.

(b) The City Manager is authorized to establish additional offices to perform the duties necessary to implement the Town’s policies, programs and regulations.

(c) The following departments are established: the Public Works and Planning Department, City Manager/City Clerk Department, City Attorney’s Department, Police Department, Recreation Services, and such other departments as are authorized from time to time by resolution of the City Council.

(d) Except as otherwise limited in this Code or by the City Council, the City Manager is authorized to assign Town employees and Town operations to the department that will best serve the needs of the public, and to hire and appoint all officers and employees. However, the City Manager may not hire officers or employees beyond the number and classifications of officers and employees shown in the Town’s budget or in a separate resolution establishing the authorized staffing level for the Town.

[History: formerly § 1.401, ORD. 205, 12/8/76; ORD. 258, 02/11/81; ORD. 283, 2/9/83; ORD. 296, 04/11/84; ORD. 620, 9/8/04; ORD. 666, 2/13/08; ORD. 711, 10/10/12]

[Reference: GOVT CODE § 36502, 36503, 36505, 41801 et seq.]

(a) The Director of the Public Works and Planning Department shall be appointed by the City Manager, subject to confirmation by the City Council, and shall serve at the will of the City Manager.

(b) The duties of the Director of Public Works and Planning shall be to supervise and manage all CSG and Town employees providing engineering, building code, planning services and code enforcement services to or on behalf of the Town.

[History: New, ORD. 711, 10/10/12]

(a) Office Created. The office of the City Manager of the Town of Colma is hereby created and established. The City Manager shall be appointed by the City Council wholly on the basis of administrative and executive ability and qualifications, and shall hold office for and during the pleasure of the City Council.

Officers and Employees Colma Municipal Code (July 2020) Page 1.03-1

(b) Eligibility. No member of the City Council shall be eligible for appointment as City Manager until one year has elapsed after such Council member shall have ceased to be a member of the City Council. Nothing herein shall either preclude or require that the position of City Manager be held by a City Clerk or a Deputy City Clerk.

(c) [Omitted]

(d) Acting City Manager. The Assistant City Manager, if any, shall serve as manager pro tempore during any temporary absence or disability of the City Manager. In the event there is no Assistant City Manager, the City Council may designate a qualified city employee to exercise the powers and perform the duties of City Manager during the City Manager's temporary absence or disability. In the event the City Manager's absence or disability extends over a two- month period, the City Council may, after the two-month period, appoint an Acting City Manager.

(e) Compensation. The City Manager shall receive such compensation as the City Council shall from time to time determine.

(f) Powers and Duties. The City Manager shall be the administrative head of the government of the City under the direction and control of the City Council, except as otherwise provided in this ordinance. The City Manager shall be responsible for the efficient administration of all the affairs of the City which are under his or her control. In addition to the City Manager's general powers as administrative head, and not as a limitation thereon, it shall be the City Manager's duty and the City Manager shall have the powers set forth in the following subsections.

(1) Law Enforcement. It shall be the duty of the City Manager to enforce all laws
and ordinances of the City and to see that all franchises, contracts, permits and
privileges granted by the City Council are faithfully observed.

(2) Authority Over Employees. It shall be the duty of the City Manager, and the City
Manager shall have the authority to control, order and give directions to all heads of
departments and to subordinate officers and employees of the City under the City
Manager's jurisdiction through their department heads.

(3) Power of Appointment, Discipline, and Removal. The City Manager shall, in
accordance with all applicable personnel ordinances, rules and regulations, appoint,
discipline, remove, promote and demote any and all officers and employees of the Town
of Colma, except for the City Treasurer, City Clerk, and City Attorney.

(4) Ordinances. It shall be the duty of the City Manager, and the City Manager shall recommend to the City Council for adoption such measures and ordinances as the City Manager deems necessary.

(5) Attendance at Council Meetings. It shall be the duty of the City Manager to
attend all meetings of the City Council unless, at the City Manager's request, the City
Manager is excused there from by the Mayor individually or the City Council, except
when the City Manager's removal is under consideration.

Officers and Employees Colma Municipal Code (July 2020) Page 1.03-2

(6) Financial Reports. It shall be the duty of the City Manager to keep the City Council at all times fully advised as to the financial condition and needs of the City.

(7) It shall be the duty of the City Manager to prepare and submit the proposed
annual budget and the proposed annual salary plan to the City Council for its approval.

(8) Expenditure Control and Purchasing. It shall be the duty of the City Manager to
see that no expenditures shall be submitted or recommended to the City Council, except
on approval of the City Manager or the City Manager's authorized representative. The
City Manager, or the City Manager's authorized representative, shall be responsible for
the purchase of all supplies for all the departments or divisions of the City. The City
Manager may delegate to the Chief of Police responsibility for purchase of equipment
and supplies to be used by the Police Department.

(9) Additional Duties. It shall be the duty of the City Manager to perform such other
duties and exercise such other powers as may be delegated to the City Manager from
time to time by ordinance or resolution or other official action of the City Council.

(g) Termination.

(1) Unless there is a written contract to the contrary, the City Council may at any
time, in its sole and absolute discretion, terminate the employment of the City Manager,
with or without cause, upon a vote of at least three members.

(2) Notwithstanding (1) above, the City Manager shall not be removed from office,
other than for misconduct as defined in the Town of Colma Personnel Policies and
Procedures Manual, within a period of 90 days next succeeding any general or special
municipal election held in which a member or members of the City Council is elected, or
within a period of 90 days next following the appointment of new member to the City
Council. The purpose and intent of this provision is to allow any newly elected or
appointed member of the City Council or a reorganized City Council to observe the
actions and ability of the City Manager in the performance of the powers and duties of
that office. After the expiration of said 90-day period the provisions of section (I) above
shall apply.

(h) Agreements on Employment. Nothing in this ordinance shall be construed as a limitation on the power or authority of the City Council to enter into any supplemental agreement with the City Manager delineating additional terms and conditions of employment not inconsistent with any provisions of this ordinance.

[History: formerly § 1.407, ORD. 258, 2/11/81; ORD. 291, 8/10/83; ORD. 291, 8/10/83; ORD. 513, 5/14/97; ORD. 540, 10/14/98; ORD. 620, 9/8/04]

[Reference: GOVT CODE § 36518, 41801-41803]

(a) The City Attorney shall be appointed by and shall serve at the will of the City Council. The City Attorney may be an independent contractor retained by Colma.

Officers and Employees Colma Municipal Code (July 2020) Page 1.03-3

(b) The duties of the City Attorney shall be those now or hereafter fixed by the laws of the State of California and by this Code, including, but not limited to, the duties to advise the City officials in all legal matters pertaining to City business and draft and review all proposed ordinances, resolutions and other legal documents.

[History: formerly § 1.402, ORD. 205, 12/8/76; ORD. 283 2/9/83; ORD. 620, 9/8/04; ORD. 681, 9/9/09]

[Reference: :GOV’T CODE § 36505, 36506, 41801-41803]

(a) The Chief of Police shall be appointed by the City Manager and shall serve at the will of the City Manager.

(b) The Chief of Police shall, subject to the overall management and supervision of the City Manager, manage, supervise, and direct the operations of the Police Department; appoint, discipline, remove, promote and demote any and all officers and employees of the Police Department, whether sworn or unsworn, in accordance with all applicable personnel ordinances, rules and regulations; and perform such other duties as may be required by law or assigned by the City Manager.

[History : formerly § 1.403 ORD. 205, 12/8/76; ORD. 283, 2/9/83; ORD. 513, 5/14/97; ORD. 540, 10/14/98; ORD. 283, 2/9/83; ORD. 620, 9/8/04; ORD. 681, 9/9/09; ORD. 802, 7/22/20]

[Reference:: GOV’T CODE § 36505, 36506, 41601, 41603, 41605-41611]

(a) The City Engineer shall be appointed by the City Manager and shall serve at its pleasure the will of the City Manager. The City Engineer may be an independent contractor retained by the Town.

(b) The duties of the City Engineer shall be those now or hereafter fixed by this Code, the City Manager, and the laws of the State of California for a civil engineer and the superintendent of streets.

[History: formerly § 1.404, ORD. 205, 12/8/76; ORD. 283, 2/9/83; ORD. 620, 9/8/04; ORD. 681, 9/9/09; ORD. 711, 10/10/12]

[Reference:: GOV’T CODE § 36505, 36506]

(a) The City Building Official shall be appointed by the City Manager and shall serve at its pleasure the will of the City Manager. The City Building Official may be an independent contractor retained by the Town.

Officers and Employees Colma Municipal Code (July 2020) Page 1.03-4

(b) The duties of the Building Official shall be those now or hereafter fixed by the laws of the State of California, The Colma Building Code and the City Manager.

[History: formerly § 1.405, ORD. 205, 12/8/76; ORD. 283, 2/9/83; ORD. 422, 03/13/91; ORD. 620, 9/8/04; ORD. 681, 9/9/09; ORD. 711, 10/10/12; ORD. 737, 1/14/15; ORD. 738, 1/14/15]

[Reference: GOV’T CODE § 36505, 36506]

(a) The Town of Colma hereby consents to the San Mateo County Health Officer enforcing and observing in the Town, orders and quarantine regulations prescribed by the California Department of Health Services and the San Mateo County Health Department, other regulations issues under the Health and Safety Code, and all other statutes and regulations relating to the public health.

(b) The County Health Officer shall be and hereby is designated the City Health Officer for the Town of Colma. The duties of the City Health Officer shall be those now or hereafter fixed by the laws of the State of California and by this Code. The City Health Officer shall not receive any compensation from the Town of Colma in addition to his compensation from the County of San Mateo, but Colma may reimburse the County for such salaries and expenses as are mutually agreed upon.

[History: formerly § 1.406 ORD. 205, 12/8/76; ORD. 283, 2/9/83; ORD. 620, 9/8/04; ORD. 671, 7/9/08; ORD. 681, 9/9/09]

[Reference: GOV’T CODE §36505; Health & Safety Code § 101375]

(a) The City Planner shall be appointed by the City Manager and shall serve at the will of the City Manager. The City Planner may be an independent contractor retained by the City.

(b) The duties of the City Planner shall be those now or hereafter fixed by the laws of the State of California and by this Code, and the City Manager.

(c) The office of Zoning Administrator is hereby created and established. The City Planner shall serve as the Zoning Administrator. The Zoning Administrator shall decide only those applications for land use entitlements and other permits that are expressly assigned by the City Council to the Zoning Administrator under this Code; all other applications for conditional uses or other land use entitlements and permits shall be decided by the City Council.

[History: formerly § 1.408, ORD. 283, 2/9/83; ORD. 620, 9/8/04; ORD. 681, 9/9/09; ORD. 706, 3/14/12; ORD. 711, 10/10/12]

[Reference: GOV’T CODE §36505; 65900-65902]

Officers and Employees Colma Municipal Code (July 2020) Page 1.03-5

The City Clerk shall be appointed by the City Manager and shall serve at the will of the City Manager. The duties of the City Clerk shall be those now or hereafter fixed by the laws of the State of California, the City Council and/or the City Manager. [History: formerly § 1.303, ORD. 205, 12/8/76; ORD. 528, 4/14/98; ORD. 620, 9/8/04; ORD. 747, 9/9/15]

[Reference: GOV’T CODE §36501, 36502, 36503, 40801 et seq.]

The City Treasurer shall be appointed by the City Council of the Town of Colma. The duties of the City Treasurer shall be those now or hereafter fixed by the laws of the State of California, and by the City Council. [History: formerly § 1.301, ORD. 205, 12/8/76; ORD. 620, 9/8/04; Ord. 693-A, 11/2/10]

[Reference: GOV’T CODE §36501, 36502, 36503, 41001 et seq.]

(a) City Council. The City Council has ultimate authority and direction over all Town finances and investments.

(b) City Manager. The City Manager is responsible for the overall management of the financial affairs of the Town.

(c) City Treasurer. Subject to the City Council’s overall management and supervision, the City Treasurer shall manage the day-to-day accounting and cash management functions of the Town; receive and safely keep Town funds; transfer Town funds from or to the different Town accounts; pay Town obligations; receive and hold bonds or other security instruments; establish and maintain a system of internal controls over Town assets; and submit financial reports to the City Council on a timely basis, and have the ability to appoint a Deputy Treasurer(s) who can act in the absence of the City Treasurer.

[History: ORD. 737, 1/14/15; ORD. 765, 10/12/16]

[Reference: GOV’T CODE §36501, 36502, 36503, 41001 et seq.]

The Town shall obtain a master surety bond, as authorized by law, for the faithful performance of all duties by each public official of the Town, including the accounting for and payment of all funds coming into the official’s possession or control, in an amount to be approved from time to time by the City Council. Any premium for such bond shall be a proper charge against the Town’s General Fund.

[History: ORD. 205, 12/8/76; ORD. 620, 9/8/04]

[Reference: GOV’T CODE § 1481]

Officers and Employees Colma Municipal Code (July 2020) Page 1.03-6

CHAPTER ONE: ORGANIZATION, FUNCTIONS, AND GENERAL PROVISIONS

1Subchapter 1.04: Compensation and Benefits

(a) Unless the punishment for a misdemeanor is expressly specified in this Code, each violation of the Colma Municipal Code that is made a misdemeanor shall be punishable by imprisonment in the county jail for a period not to exceed six months, or by a fine not exceeding $1,000, or by both such fine and imprisonment.

(b) In any case where a violation is made a misdemeanor, the prosecuting attorney has discretion to charge the violation as an infraction.

[History: ORD. 624, 12/8/04]

[Reference: GOV'T CODE § 36901]

(a) Except for actions required of officials of the Town of Colma in the ordinary course of employment, whenever in this Code or in any other ordinance or resolution of the City an action is prohibited or is made or declared to be unlawful or an offense, or the doing of an act is required or the failure to do any act is declared to be unlawful, the violation of such provision of this Code or any City ordinance or resolution shall be an infraction.

(b) Wherever it states in the Colma Municipal Code that a violation of a city ordinance is a misdemeanor, the Town may prosecute the violation as an infraction.

(c) Each infraction shall be punishable by a fine as follows:

(1) For the first violation of an ordinance, $100.00 plus assessments;

(2) For the second violation of the same ordinance within 12 months, $200.00 plus

assessments; and

(3) For each additional violation of the same ordinance within 12 months, $500.00

plus assessments.

(4) Notwithstanding any other provision in this Code, a violation of any applicable

building and safety code determined to be an infraction is punishable by (1) a fine not exceeding one hundred dollars ($100) for a first violation; (2) a fine not exceeding five hundred dollars ($500) for a second violation of the same ordinance within one year; (3) a fine not exceeding one thousand dollars ($1,000) for each additional violation of the same ordinance within one year of the first violation.

Enforcement Colma Municipal Code (January 2015) Page 1.05-1

[History: ORD. 624, 12/8/04; ORD. 710, 9/12/12; ORD. 737, 1/14/15]

Every day that a violation of this Code or any other ordinance continues shall constitute a separate offense, except that each person violating a provision of this code relating to the time a vehicle may be left standing or parked is guilty of a further and separate violation for each period of time that the vehicle is left so parked equal to the maximum legal parking time for the particular traffic zone or parking space as designated by ordinance or resolutions adopted fixing such maximum legal parking time.

[History: ORD. 624, 12/8/04]

Whenever in this Code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission.

[History: ORD. 624, 12/8/04]

(a) A violation of the Colma Municipal Code may be prosecuted by the City Attorney.

(b) The City Attorney may civilly enforce the provisions of this Code or any other obligation through civil action.

(c) Nothing herein shall limit the discretion of the prosecuting attorney under law.

(d) The authority under this section may be delegated.

[History: ORD. 624, 12/8/04]

(a) The provisions of this Code which declare certain crimes to be punishable as herein mentioned delegate grant authority on the court to pass sentence to determine and impose the punishment described.

(b) Whenever in this Code the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case shall be determined by the court authorized to pass sentence, within such limits as may be prescribed by this Code.

[History: ORD. 624, 12/8/04]

Enforcement Colma Municipal Code (January 2015) Page 1.05-2

(a) Any violation of this Code shall constitute a public nuisance. In addition to any other remedies provided by this Code, the City may abate and bring civil suit to enjoin or abate the violation.

(b) The remedies in this ordinance shall be cumulative and not exclusive.

[History: ORD. 624, 12/8/04]

(a) Recovery of Costs Authorized. In addition to any other remedy available to the Town, in any civil or administrative action or proceeding commenced by the Town to abate such a public nuisance, to enjoin a violation of any provision of this Town Code, or to collect a civil or administrative penalty or other amount due to the Town as the result of any such public nuisance, the prevailing party shall be entitled to recover from the other party in any such action or proceeding all costs incurred by the prevailing party in such action or proceeding.

(b) Definition of “Costs”. As used in this Section 1.05.080, “costs” shall have the meaning set forth in California Code of Civil Procedure Section 1033.5, including, without limitation, attorney’s fees. In addition to such items, all of the following shall be included within the definition of “costs”:

(1) Personnel costs of the Town, as actually incurred by the Town for contractors
and consultants or based on established rates of employee costs as adopted by
resolution of the City Council from time to time. Such personnel costs shall include, but
not be limited to, the costs incurred by the Town to pay any contractor to abate a public
nuisance;

(2) Costs of administrative hearings, including, hearing officer costs and reporter
costs;

(3) Any administrative fines or penalties; and

(4) Accrued interest at the maximum rate established by law.

(c) Collection of Costs. The City Manager or designee shall keep an accounting of costs incurred in any action, proceeding or other matter described in this Section.

(d) Civil Actions. In any civil action, the Town may seek recovery of costs (including any costs incurred in any related administrative matter) as set forth in California Code of Civil Procedure Section 1033.5, subsection (c)(5).

(e) Remedies Cumulative. The remedies contained in this Section are cumulative to one another and to any other remedy available by law or in equity to the Town.

Enforcement Colma Municipal Code (January 2015) Page 1.05-3

[History: ORD. 644, 5/10/06; ORD. 660, 7/11/07; ORD. 722, 6/12/13]

Enforcement Colma Municipal Code (January 2015) Page 1.05-4

CHAPTER ONE: ORGANIZATION, FUNCTIONS, AND GENERAL PROVISIONS

Subchapter 1.06: Purchasing and Contracting

Division1:GeneralProvisions

(a) All purchases of goods, contracts for services, and contracts for public works projects shall be made in compliance with the requirements of this ordinance (Subchapter 1.06 of the Colma Municipal Code) and the Town’s Sustainability Policy (Subchapter 1.15 of the Colma Administrative Code).

(b) No purchase of any good, service or equipment shall be made by any department head independently of the City Manager except as provided in this ordinance and the Town’s Sustainability Policy.

[History: Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]

[Reference: Cal. Gov’t Code § 54202, 54203]

(a) The City Manager shall establish a purchasing system for the Town of Colma to obtain goods and services of suitable quality to meet the Town’s needs at the highest reasonable value and at least available cost while increasing energy efficiency and reducing water consumption, greenhouse gas emissions (GHG) and waste in accordance with the Town’s Sustainability Policy.

(b) Except where expressly prohibited, the City Manager may delegate his or her authority under this ordinance.

[History: Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]

It shall be unlawful to split or separate any project into smaller work orders or projects for the purpose of evading the provisions of this subchapter requiring competitive bidding. The work or project shall be presumed to be split for the purpose of evading this subchapter if the proposed contract is for the same type of goods or services, the same type of consideration, and for the same general purpose, as any other contract made within the previous six months. In that case, the proposed contract shall be subject to the competitive bidding requirements set forth in this subchapter.

[History: Added by Ord 734 (7/9/14)]

Purchasing and Contracting Colma Municipal Code (October 2019) Page 1.06-1

(a) Notwithstanding anything to the contrary herein, the provisions of this section shall apply to all purchases of goods, contracts for services, and contracts for public works projects in an emergency.

(b) In an emergency:

(1) The City Manager may award and execute contracts up to $250,000, except that
the unexecuted portion of any contract having a value more than $75,000 shall be
subject to ratification by the City Council at its first regular meeting following the onset
of the emergency;

(2) Competitive bidding is not required, provided that, as to a public works project
subject to the California Public Contracts Code, the City Council shall have passed a
resolution by four-fifths vote of is members declaring that the project interest and
necessity demand the immediate expenditure of public money to safeguard life, health
or property;

(3) The Awarding Authority may proceed at once to replace or repair any public
facility without adopting plans, specifications, strain sheets, or working details, or giving
notice for bids to let contracts. The work may be done by day labor under the direction
of the governing body, by contractor, or by a combination of the two. If notice for bids
to let contracts will not be given, the Town shall comply with Chapter 2.5 (commencing
with Section 22050) of the California Public Contracts Code.

[History: Formerly § 1.06.060 et al; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489
(5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734
(7/9/14).]

As used in this ordinance, the following capitalized terms shall have the respective meanings shown.

“Attest” means to certify that the person signing a document on behalf of a principal has the authority to do so and is acting in his or her official capacity.

“Awarding authority” means the person or group granted by this ordinance to award a contract, as described in sections 1.06.060 and 1.06.100 herein.

“City Manager” includes any duly authorized employee of the Town.

“Duly authorized employee” means a Town of Colma employee authorized by the administrative policy to approve expenditures and bind the Town of Colma by contract within certain monetary limits.

“Goods” means materials, equipment, supplies, furnishings, consumer products, motor vehicles and other tangible personal property. Procurement of goods may include incidental services of

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the vendor necessary or convenient for the delivery, installation, set-up, testing or use of goods acquired from the vendor.

“Emergency” is a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent and mitigate the loss or impairment of life, health, property or essential public services. “Open market” means the seller sells goods or the provider sells services in a market open to the general public in such a manner that the price of the good or service is conspicuously available to the public and competitors of the seller;

“Public Works” project means a project involving an expenditure of more than $5,000 for the construction or improvement (excluding maintenance and repair) of public buildings, works, streets, drains, sewers, utilities, parks and playgrounds;

“Professional services” means services provided by persons with formal education in liberal arts or sciences and advanced study in a specialized field of analytical, scientific, or technical work such as, but not limited to, accountants, attorneys, appraisers, architects, auditors, biologists, chemists, computer programmers, economists, engineers, construction managers, environmental consultants, geologists, information technology consultants, land surveyors, landscape architects, lobbyists, management consultants, and security consultants.

“Purchasing agent” means the City Manager or any person delegated by the City Manager to make a purchase, lease or contract.

“Services” means a service or services provided by an independent contractor.

“Value” is the price in dollars to be paid by the Town of Colma under the contract. For purposes of this chapter, when determining the value of contracts for services of professionals such as appraisers, attorneys, accountants, auditors, economists, financial advisors, litigation experts, lobbyists and similar consultants compensated based on an hourly or fixed rate for professional services, costs of reimbursement for actual and necessary costs and expenses customarily excluded from the fee for services should not be considered as part of the value of the contract.

[History: Formerly § 1.06.030; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]

Division2:AuthoritytoMakeContracts

The City Manager is authorized to enter into and execute for and on behalf of the Town of Colma, without the prior approval of the City Council:

(1) a contract for goods or services, including public works projects, which provides
for payment of not more than $75,000 by the Town;

(2) a lease of real property or equipment which provides for payment of money by
the Town, where the total of all lease payments does not exceed $75,000; and

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(3) a contract with an option to renew by either party, provided that the annual payments do not exceed $75,000 and that the contract may be terminated by the Town at any time without cause.

[History: Formerly § 1.06.040; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]

(a) The City Manager is hereby authorized to enter into and execute for and on behalf of the Town of Colma, without the prior approval of the City Council, any contract that will result in the payment of money to the Town of Colma of $75,000 or less:

(1) From any public agency or public utility company for construction, use,
maintenance or repair of public improvements or facilities;

(2) For community social or recreational services provided by the Town, or for use of
Town property or facilities, in accordance with established Town Guidelines; or

(3) For entry to or encroachment upon Town’s rights-of-way.

(b) The City Manager shall review the amount of any fee, charge, tax or assessment payable to the Town for compliance with all applicable laws and regulations.

[History: Formerly § 1.06.050; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]

The City Manager is authorized to amend or modify a contact, without competitive bidding, as follows:

(1) Where the original contract was $75,000 or less, the City Manager may agree to
modifications to the extent that the cumulative total price of the original contract and all
modifications does not exceed $75,000;

(2) Where the original contract was more than $75,000, the City Manager may agree
to modifications to the extent that the cumulative sum of all modifications which have
not been previously approved by the City Council does not exceed 10% of the original
contract price or $75,000, whichever is greater.

[History: Formerly § 1.06.070; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489
(5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734
(7/9/14).]

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The City Manager is authorized to extend the term of a contract awarded by the City Council, without competitive bidding, provided that the cumulative term of the contract, with extensions, does not exceed four years and the contract price is not increased by a factor greater than the annual increase in the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index for the San Jose-San Francisco-Oakland Bay Area.

[History: Formerly § 1.06.080; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]

(a) Notwithstanding anything to the contrary in this subchapter, the City Council shall be the Awarding Authority for all employment contracts.

(b) The City Council shall be the Awarding Authority for all contracts for which the City Manager is not the Awarding Authority.

[History: Formerly § 1.06.090; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]

Division3:LimitationsandRequirements

No contract may be made, amended, modified or extended by the Awarding Authority unless and until:

(a) Moneys have been appropriated for the good, service or project; and

(b) There is an unexpended and unencumbered balance of such appropriation sufficient to pay the expense of the contract.

[History: Formerly § 1.06.100; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]

(a) Unless otherwise determined by the City Council at the time of award, a contract awarded by the City Council shall be executed by the Mayor or, in the absence of the Mayor, the Vice-Mayor. The signature of the Mayor or Vice-Mayor may be attested by the City Clerk or any Deputy City Clerk.

(b) A contract awarded by the City Manager may be executed by the City Manager or any person delegated by the City Manager. The signature of the City Manager may be attested by any deputy city clerk.

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Unless required by law, the lack of attestation shall not affect the validity of a duly executed contract.

[History: Formerly § 1.06.110; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]

[Reference: GOV’T CODE 40602; First Street Plaza Partners v. City of Los Angeles (1998) 65 Cal.App.4th 650]

(a) Contracts for sale to the Town of Colma of goods over $500 shall be in writing. A duly authorized and issued Town of Colma purchase order may be used to satisfy the requirements of this section provided that the purchase order contains all the requirements of a contract under California law. The Town of Colma shall not be bound by any contract that is not first executed by a duly authorized officer or employee of the Town of Colma.

(b) Contracts for services having a contract value of $5,000 or greater shall be in writing. The Town of Colma shall not be bound by any contract that is not first executed by a duly authorized officer or employee of the Town of Colma

(c) All changes, modifications, amendments or novations of written contracts shall be in writing. Any change, modification, amendment or novation of an oral contract that causes the total contract value to exceed the limit of subdivision (a) or subdivision (b) shall be in writing. The Town of Colma shall not be bound by any change order, modification, amendment or novation that is not first executed by a duly authorized officer or employee of the Town of Colma.

(d) When permitted by state or federal statute and authorized by the Town of Colma, computer or electronic communication technology may be used whenever a written document is required by this chapter, provided, however, that the communication is capable of being translated into a written or other record of the Town of Colma capable of being retained, accessed and reproduced in accordance with the Town of Colma’s policies governing records of the Town of Colma. The City Manager may develop policies and procedures for use of computer or electronic communication technology for procurement purposes. The policies and procedures shall be subject to approval by the City Attorney for consistency with this chapter and applicable law.

[History: Formerly § 1.06.120; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]

[Reference: First Street Plaza Partners v. City of Los Angeles (1998) 65 Cal.App.4th 650]

The City Manager shall have the authority to establish quality and performance standards for all materials, equipment, supplies and services that are consistent with the Town’s Sustainability

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Policy, while permitting competition among bidders. The using department shall inspect supplies delivered and services performed to determine their conformity with the specifications applicable thereto or set forth in the contract and shall report any deficiencies to the City Manager. The City Manager may require chemical and physical tests of supply samples submitted with bids and samples of supply deliveries which are necessary to determine their quality and conformance with specifications.

[History: Formerly § 1.06.130; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]

(a) At or before the time of executing a negotiated contract, the Awarding Authority shall make a record of the facts and circumstances justifying a negotiated contract under this ordinance.

(b) Within 30 days of entering into a contract over $75,000 in an emergency, or at its next regularly scheduled meeting, whichever comes first, the City Manager shall report to the City Council on the details of the emergency and reasons justifying the actions taken.

(c) Within 60 days of completion of any project costing more than $75,000, the City Manager will report to the City Council on all fiscal aspects of the project, including original and any supplemental budget appropriations, total cost, the cost of all modifications to the contract, and the cost of all extensions.

(d) Within 60 days of entering into a sole source contract over $10,000, the City Manager shall present to the City Council a report explaining the basis for the determination of sole source and describing all other contracts made with that contractor in the three preceding years.

(e) The City Manager shall make and maintain a record of all formal and informal bids in compliance with the Town of Colma’s Record Retention Program.

[History: Formerly § 1.06.140; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]

Division4:ProceduresforSelectingtheContractorforGoodsandServices

No contract for goods or services may be made without competitive bidding, as described later in this ordinance, unless an exemption is provided herein.

[History: Formerly § 1.06.150; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]

Purchasing and Contracting Colma Municipal Code (October 2019) Page 1.06-7

(a) The City Manager may acquire consumer goods having a price less than $15,000 in an open market without competitive bidding, including but not limited to:

(1) Purchases of office supplies, books, periodicals, newspapers, trade journals and
other publications, including individual purchases and subscription; and

(2) Purchases of gasoline, oil, or other automobile care products in connection with
the immediate use or emergency repair of Town of Colma vehicles.

(b) The City Manager may acquire consumer services having a value less than $15,000 in an open market without competitive bidding, including but not limited to:

(1) Utility services, such as telephone, cable television, gas, electric, water, sewer
and refuse collection;

(2) Advertisements in newspapers or other publications;

(3) Work performed by a utility for the installation and/or relocation of utilities; and

(4) Airline tickets, train tickets, hotels and other travel expenses according to the
travel policy.

[History: Formerly § 1.06.160; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489
(5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734
(7/9/14).]

The Awarding Authority may negotiate and enter into the following transactions, purchases or contracts, without competitive bidding, with any qualified contractor selected at the discretion of the Awarding Authority:

(a) Contracts for goods or services for $75,000 or less;

(b) Purchase of used equipment, which in the opinion of the Awarding Authority is satisfactory for the work of the Town of Colma;

(c) Contracts for governmental or proprietary services provided by any government agency;

(d) Insurance or bond premiums when placed through any insurance carrier, plan or Joint Powers Agreement for insurance services, approved by the City Council.

(e) Membership in professional organizations or associations;

(f) Utility services such as telephone, cable television, gas, electric, water, sewer and refuse collection;

(g) Emergency purchases, equipment or vehicle repair;

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(h) Contracts for services to be performed by any city, county or public agency of the State of California;

(i) Contracts for goods sold directly by any city, county or public agency of the State of California or any federal agency to the Town, provided that the purchasing policies of the agency is substantially the same as the policies set forth in this ordinance;

(j) Purchases of goods and services by contract arrangement and agreement for cooperative purchasing programs with the state, the county, or any other public or municipal corporation of the state, provided that the agency, if a county, or any other public or municipal corporation of the state, has adopted purchasing policies in accordance with California Government Code section 54202, or purchases of goods or services directly from a vendor at a price established by a competitive bid by another public jurisdiction in substantial compliance with sections this subchapter, even if the city had not joined with that public agency in a cooperative purchase;

(k) Contracts with Town employees;

(l) Contracts with instructors for the Town’s recreation programs;

(m) Contracts for equipment rentals;

(n) Modifications or extensions of existing contracts; and

(o) Contracts where due to special circumstances the Awarding Authority determines in writing that implementation of the competitive process is infeasible, impractical or otherwise not in the best interest of the Town of Colma. The authority of this paragraph is non-delegable.

[History: Formerly § 1.06.170; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14); Ord 737, (1/14/15).]

profits and Others

(a) The Awarding Authority may enter into contracts for goods and services with any federal, state or local agency, any nonprofit agency qualified under Section 501(c)(3) of the Internal Revenue Code, or any public educational institution, without competitive bidding, provided that all of the following conditions are met:

(1) The agency is selling the goods or services as part of a job training, work
furlough, educational and similar human service programs that make goods and services
available at a competitive cost while also furthering the public welfare;

(2) The agency agrees to direct supervision of the workers or employees providing
any service under the contract;

(3) The agency agrees to provide workers’ compensation insurance for the workers
or employees;

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(4) The agency agrees to indemnify, protect, defend and hold the Town of Colma harmless against any and all claims alleged to be caused or caused by any act or omission of the agency’s worker or employee, in a form satisfactory to the City Manager and City Attorney.

(b) This section is intended to provide an expedient method for Town of Colma participation in such programs and is not intended to limit the exemptions for services provided elsewhere in this ordinance.

[History: Formerly § 1.06.180; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]

(a) Notwithstanding any other provision of this ordinance, the Awarding Authority may negotiate and enter into a professional services contract with any professional service provider meeting the prescribed qualifircations, without competitive bidding.

(b) The Awarding Authority’s selection of a professional services provider shall be based on demonstrated competence, the professional qualifications necessary for the satisfactory performance of the required services, and fair and reasonable prices to the Town of Colma.

(c) The Awarding Authority shall establish the professional competence and qualifications necessary to be possessed by a professional services provider in order to be awarded a proposed professional services contract. Criteria for determining the competence and qualifications of the provider shall include, but shall not be limited to, the following:

(1) Ability, capacity and skills necessary to perform service;

(2) Ability to meet time requirements imposed by project;

(3) Character, integrity and reputation through a reference check;

(4) Previous experience with the vendor; and

(5) Sufficiency of financial resources needed to perform the services.

(d) The City Manager may develop and maintain a procedure whereby professional services providers may periodically submit statements of qualifications and performance data for pre- approval by the City Manager or City Council.

[History: Formerly § 1.06.190; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14); Ord 737, (1/14/15).]

When requirements are so critical or call for such specialized expertise that only one source is capable of satisfying those requirements, the Awarding Authority is empowered to waive the

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competitive procurement procedures. Sole source means that only one vendor possesses the unique and singularly available capability to meet the requirement of the solicitation, such as technical qualifications, matching to currently owned equipment or supplies or the ability to deliver at a particular time. Purchasing from a sole source shall be permitted after written justification from the requesting department explaining why a sole source has been specified, and a factual finding by the person or body authorizing the purchase that it is in the best interest of the Town of Colma to purchase without competitive purchasing.

[History: Formerly § 1.06.200; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]

Division5:CompetitiveBiddingforGoodsorServices

(a) Whenever competitive bidding is required or chosen for a contract for goods or services, the Awarding Authority may invite bids, request proposals, or request statements of qualifications in accordance with the procedures set forth in this division.

(b) The Awarding Authority shall obtain three or more bids or proposals by soliciting bids or proposals by publication in a newspaper, from qualified persons whose names appear on lists of persons maintained by the Town of Colma or known to the Town, or from persons whose names are obtained from trade journals or newspaper ads, or by relying on unexpired bids or price quotations from persons who had previously submitted bids or price quotations to the Town.

(c) The City Manager may, but is not required to, request sealed, written bids or proposals. The notice inviting informal bids and the bids shall be in writing. Bids may be transmittable to the Town of Colma by facsimile, mail, courier, electronic mail (e-mail), or any other means of delivery. A qualified person is a person capable of delivering the goods or services meeting the Town’s specifications and requirements within the time specified by the contract.

(d) During the process of soliciting price quotations, a bidder's price quotations shall be kept confidential except for internal use by Town of Colma personnel for purposes of the pending contract.

(e) When soliciting bids or proposals, the awarding authority shall (1) describe in general terms the goods or services; (2) advise potential bidders how to obtain additional information about the goods or scope of work; (3) state the date, time and place for the submission of bids; (4) state whether the selection of the successful bidder will be based on price alone or whether the factors set forth in the next paragraph will be considered; (5) include a description of additional items such as insurance, bonding, and warranties to be included in the price; (6) include any other information required by law.

(f) If the request states that the contractor’s competence, experience, qualifications, reliability, experience, availability, or expertise is a component in meeting the needs of the Town of Colma, then the Awarding Authority need not necessarily purchase from the bidder proposing the lowest price but may select a contractor that best meets the Town’s

Purchasing and Contracting Colma Municipal Code (October 2019) Page 1.06-11

requirements. Factors which can be considered in determining the most advantageous bid include, but are not limited to:

(1) Compliance with the bid specifications, including any provision governing
nondiscrimination in employment;

(2) Price;

(3) The cost of consumable operating supplies, replacement parts, maintenance or
other necessary costs. Current costs are to be used in this determination;

(4) Ability of the bidder to complete the transaction in accordance with the specifi- cations or criteria set forth in the request for proposals or invitation for bids, such as manufacturing, performance or delivery capability, experience, and the location of bidders' manufacturing, storage or maintenance facilities.

(g) After receipt of a Proposal or Statement of Qualifications, the Awarding Authority may discuss with one or more firms or individuals the alternative methods for providing the required professional services and may conduct further negotiations with one or more of the most qualified firms or individuals to fully clarify each firm’s offer to provide services.

(h) If no bids or proposals are received in response to a solicitation, the City Manager may negotiate a contract with any qualified individual or firm.

(i) If a contract that was let pursuant to the provisions of this chapter is thereafter terminated because of breach by the service provider, the Town of Colma may complete the project by negotiated contract with any qualified individual or firm.

[History: Formerly § 1.06.220; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]

(a) Subject to the limitations contained in this section, in the evaluation of bids or proposals for the award of all contracts for the purchase or lease of supplies, materials, equipment or other personal property there shall, upon written application noted on the space provided on city bid or proposal documents, be extended a 1% price preference for a local business, as defined in this section.

(b) As used in this section, local business means a business firm with fixed offices or locally taxable distribution points within the boundaries of the Town of Colma which holds a current and valid Town of Colma business license with a Colma business street address.

(c) The following contracts are exempt from the provisions of this section:

(1) Contracts to the extent to which application of the provisions of this section
would be prohibited by state or federal law or regulation or would result in what the
awarding authority finds to be an unacceptable loss of government revenue or funding;

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(2) Contracts funded in whole or in part from donations and gifts to the city to the extent the provisions would conflict with any special conditions attached to the gifts or donations, provided the gift and the special conditions have been approved and accepted pursuant to the donations policy of the city;

(3) Contracts resulting from exigent emergency requisitions where any delay in
completion or performance of the contract would jeopardize the public health, safety or
welfare of the citizens of the city, or where in the judgment of the City Manager the
operational effectiveness of a significant city function would be seriously threatened if
the contract were not entered into expeditiously; and

(4) Contracts with any single or sole source supplier of any supplies, material,
equipment or other personal property.

(d) If the City Manager or his or her designee determines that a contractor or bidder has made an intentional misstatement to obtain a price preference under this section, the contractor or bidder shall be subject to any remedy available to the city at law or equity, including but not limited to both of the following:

(1) A finding of intentional misstatement or non-compliance shall be regarded by the
awarding authority as a basis for determining whether or not the bidder or contractor is
a responsible bidder for the present and future contracts. Any disqualification imposed
as a result of this determination shall last for a period of one year.

(2) An intentional misstatement made to obtain a price preference under this section
shall subject the recipient of any such price preference to a civil penalty of treble the
dollar price preference received, or $1,000.00, whichever is greater.

[History: Formerly § 1.06.230; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]

The City Manager may require that a bid for any purchase or lease of supplies, materials, equipment or other personal property be accompanied by either cash, a certificate of deposit or certified check or draft, or a cashier's check or draft of or on some responsible bank in the United States, in favor of and payable at sight to the city, in an amount not less than five percent of the aggregate amount of the bid.

[History: Adopted by Ord 734 (7/18/14)]

The City Manager shall inspect goods delivered and contractual services performed to determine their conformance with the specifications set forth in the order or contract. The City Manager shall have authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with specifications.

Purchasing and Contracting Colma Municipal Code (October 2019) Page 1.06-13

[History: Formerly § 1.06.330; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]

Division6:PublicWorksProjects

This division shall apply to all public projects, as defined by the California Public Contract Act in sections 20161 and 22002.

[History: Formerly part of § 1.06.210; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14); Ord 737, (1/14/15).]

[References: Publ. Cont. Code §§ 22002, 22003, and 22030]

(a) This section and section 1.06.280 shall apply to all public projects, as defined by section 22002 of the Public Contract Act. “Public project” means the construction, reconstruction, erection, alteration, renovation, improvement, demolition, painting, repainting or repair work involving any publicly owned, leased, or operated facility. “Facility" means any plant, building, structure, ground facility, real property, streets and highways, or other public work improvement. "Public project" does not include maintenance work.

(b) Public projects of sixty thousand dollars ($60,000) or less may be performed by the employees of a public agency under force account procedures, by negotiated contract, or by purchase order.

(c) Public projects of two hundred thousand dollars ($200,000) or less may be let to contract by informal bid procedures as set forth in the Uniform Act and section 1.06.280 of this Code.

(d) Public projects in excess of two hundred thousand dollars ($200,000) shall be let to contract by formal bid procedure as set forth in the Uniform Act and section 1.06.290 of this Code.

(e) If all bids received are in excess of two hundred thousand dollars ($200,000), the City Council may by passage of a resolution by four-fifths vote, award the contract, at two hundred twelve thousand five hundred dollars ($212,500) or less, to the lowest responsible bidder, if it determines the Town’s cost estimate was reasonable.

(f) The City Council shall approve plans, specifications and working details for all public works projects exceeding two hundred thousand dollars ($200,000). Plans, specifications and working details for all public works projects of two hundred thousand dollars ($200,000) or less may be approved by the Public Works Director or his or her designee.

(g) Competitive bidding shall not apply where, after rejecting bids, the City Council has passed a resolution by a four-fifths vote of its members declaring that the project can be

Purchasing and Contracting Colma Municipal Code (October 2019) Page 1.06-14

performed more economically by day labor, or the materials or supplies can be furnished at a lower price in the open market.

[History: Formerly part of § 1.06.210; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14); Ord 737, (1/14/15);Ord. 796, (10/9/19).]

[Reference: CAL. GOV’T CODE §§ 22032 et seq.; Cal. Pub. Cont. Code § 22002]

(a) The purpose of this section is to implement the election set forth in Colma City Council Resolution 99-03 to be subject to the Uniform Construction Cost Accounting Act, (hereinafter, the “Uniform Act”) and to implement the informal bidding procedures set forth in section 22032, et seq., of the Public Contract Code for contracts described in section 1.06.270(b).

(b) This section shall be used for all contracts for public projects subject to informal bid procedures under section 1.06.270(c) and may be used when contracting for “maintenance work” or when contracting for any other work which does not fall within the definition of “public project,” as defined in Section 1.06.270. In the event of a conflict between this section and section 1.06.290, this section shall apply.

(c) The City Engineer shall maintain a list of qualified contractors identified according to category of work. The list shall satisfy the minimum criteria determined by the Uniform Construction Cost Accounting Commission for the development and maintenance of the contractors list.

(d) Where a public project to be performed is subject to the provisions of this ordinance, the City Engineer shall mail a notice inviting informal bids not less than 10 calendar days before bids are due to all contractors for the category of work to be bid, as shown on the list developed in accordance with the preceding paragraph and to all construction trade journals specified by the California Uniform Construction Cost Accounting Commission for San Mateo County. Additional contractors and/or construction trade journals may be notified at the discretion of the department soliciting bids; provided however that (1) if there is no list of qualified contractors maintained by the Town for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the Commission; and (2) if the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.

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

(f) Competitive bidding shall be based on specifications approved by the Awarding Authority. The original specifications shall be filed in the office of the City Clerk and copies thereof shall be on file in that office and the office of the City Manager for public inspection. The notice inviting bids to purchase shall be advertised upon the authority of the City Manager and such advertising shall be published one time in a newspaper of general circulation in San

Purchasing and Contracting Colma Municipal Code (October 2019) Page 1.06-15

Mateo County, and in addition, invitations to bid shall be mailed to prospective vendors at the discretion of the City Manager. The bids submitted shall be received and publicly opened by the city clerk at the time designated.

(g) The open bids shall be available for public inspection from the time opened until the award has been made by the awarding authority. The City Manager shall tabulate all bids received.

(h) If in the opinion of the awarding authority none of the bids is satisfactory, then the awarding authority may, in its sole and absolute discretion, reject all of the bids, provided that prior to rejecting all bids and declaring that a project can be more economically performed by employees of the Town, the Town shall furnish a written notice to an apparent low bidder. The notice shall inform the bidder of the Town’s intention to reject the bid and shall be mailed at least two business days prior to the hearing at which the City Council intends to reject the bid. Thereafter, the awarding authority may invite new bids using new or different specifications.

[History: Formerly parts of §§ 1.06.210 and -220; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14); Ord 737, (1/14/15).]

(a) Prior to bid opening date and time, bids submitted may be withdrawn by written or telegraphic request received by the Town of Colma before the hour set for opening. After such hour it may not be withdrawn.

(b) After bid opening date and time, any bidder who seeks to withdraw or modify a bid because of inadvertent computational error shall notify the Town of Colma department responsible for the bid no later than three working days following the bid opening. The bidder shall provide worksheets and other such information as may be appropriate or required by the department to substantiate the claim of inadvertent error. Failure to do so may bar such relief and allow recourse from the bid surety if applicable. The burden shall be upon the bidder to prove such error.

[History: Formerly § 1.0.260; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]

(a) Protests by unsuccessful proposers or bidders shall be submitted to the Town of Colma department where bids or proposals were submitted and to the protested bidder setting forth in detail the grounds for such protest.

(b) Protests shall be submitted to the Town of Colma and the protested bidder no later than 10 calendar days after the date of the announcement of selection.

(c) All protests shall be in writing and must include the following information:

(1) The name, address and telephone number of the protestor;

(2) The signature of the protestor or protestor’s representative;

(3) The solicitation, bid or contract number;

(4) A detailed statement of all legal and factual grounds for the protest;

(5) All documentation supporting the protestor’s grounds for the protest;

Purchasing and Contracting Colma Municipal Code (October 2019) Page 1.06-18

(6) The form of relief requested and the legal basis for such relief.

(d) If a valid protest is timely filed the Town of Colma shall investigate or cause to be investigated the bid protest.

(e) The protested bidder shall have 5 calendar days to respond to the protesting bidder and to the Town of Colma and to provide any information requested by the Town of Colma.

(f) The City Manager shall make a recommendation to the City Council regarding the bid protest.

[History: Formerly § 1.06.270; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]

(a) Any employee of the Town of Colma shall be deemed guilty of malfeasance and shall be disciplined in accordance with Town of Colma personnel rules and regulations for engaging in any of the following activities:

(1) Aiding or assisting a bidder in securing a contract to furnish supplies, materials,
equipment or contractual services at a higher price than that proposed by any other
bidder;

(2) Favoring one bidder over another by giving or withholding information;

(3) Willfully misleading any bidder in regard to any matter relevant to the
competitive bidding process or the character of the materials or supplies called for by
the contract;

(4) Knowingly accepting commodities of a quality inferior to those called for by the
contract contrary to the best interest of the Town of Colma;

(5) Knowingly certifying to a greater amount of service or work performed than has
actually been performed;

(6) Knowingly certifying to the receipt of an amount or different kind of materials,
supplies or equipment than have actually been received.

(b) All formal bids shall require an affidavit from the bidder that the bid or proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and non-collusive or sham; that the proposer has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any other proposer, or to fix any overhead, profit, or cost element of the proposal price, or that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are

Purchasing and Contracting Colma Municipal Code (October 2019) Page 1.06-19

true; and further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

[History: Formerly § 1.06.280; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]

For all public works projects which require an invitation for bids under the Public Contracts Code, the Awarding Authority shall award the bid to the lowest, responsible, responsive bidder.

[History: Formerly § 1.06.290; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]

(a) A bid for all projects for construction or improvement of public buildings, works, streets, drains, sewers, utilities, parks and playgrounds shall be accompanied by either cash, a certificate of deposit or certified check or draft, or a cashier's check or draft of or on some responsible bank in the United States, in favor of and payable at sight to the city, in an amount not less than five percent of the aggregate amount of the bid, except where the project is undertaken by force account.

(b) Where such bid security is required, if the bidder to whom the contract is awarded shall, for fifteen days after posting of such bid security fail or neglect to enter into the contract and file the required security, the director of finance shall draw the money due on such certificate of deposit or check or draft and pay the same or any cash deposited into the city treasury, and under no circumstances shall it be returned to the defaulting bidder.

(c) In lieu of the foregoing, any bid for which bid security is required under this section may be accompanied by a surety bond in said amount furnished by a surety authorized to do a surety business in the state of California, guaranteeing that said bidder will enter into the contract and file the required bonds within said period.

(d) With the approval of the City Manager, prospective bidders may file annual or continuous surety bonds covering all bids to be made during the period that the surety bond is in effect.

(e) When in the opinion of the City Manager, bid deposits or bonds cannot be obtained on a particular item; the requirements of this section shall not apply.

(f) All deposits shall be returned after execution of the contract by the successful bidder and deposit of any necessary performance, labor and materialman's bonds.

Purchasing and Contracting Colma Municipal Code (October 2019) Page 1.06-20

[History: Formerly § 1.06.300; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]

The City Council hereby delegates to the City Manager the authority to approve the substitution of subcontractors for any contract awarded by the City Council.

[History: Formerly § 1.06.310; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]

[Reference: Public Contract Law § 4107]

The details of procedure and forms to be followed in the issuance of requisitions, in the discharge of the duties placed upon the City Manager, in the purchase of items, and in the disposition of personal property, shall be prescribed by the City Manager, subject to the provisions of this chapter. The type of written documents to be used to bind the city in making any purchase or lease shall be in conformance with control procedures established by the City Manager and City Attorney.

[History: Formerly § 1.06.320; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]

(a) Any reference to a specific Brand Name in specifications is illustrative only. A reference to a Brand Name describes a component best meeting the specific operational, design, performance, maintenance, quality, and reliability requirements of the Town of Colma.

(b) A bidder may offer an equivalent (“or equal”) in response to a Brand Name reference. When an “or equal” is offered, the Town of Colma may test and evaluate the product prior to award of the contract.

(c) At bidder’s expense, bidder bears sole responsibility for providing any information, test data, or document required by the Town of Colma to fully evaluate the acceptability of the “or equal”. At bidder’s expense, this full evaluation may require independent testing, including destructive testing, at qualified test facilities.

(d) The Town of Colma reserves the right to reject a bid containing any “or equal” offered.

[History: Formerly § 1.06.340; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]

Purchasing and Contracting Colma Municipal Code (October 2019) Page 1.06-21

The City Manager may issue written supplemental regulations and procedures for the making and administration of contracts. Such supplemental regulations shall be approved by the City Attorney and shall not be inconsistent with the provisions of this chapter.

[History: Formerly § 1.06.350; Ord. 205 (12/8/76); Ord. 488 (4/10/96); Ord. 489 (5/8/96); Ord. 519 (11/12/97); Ord. 548 (2/10/99); Ord. 623 (12/8/2004); Ord 734 (7/9/14).]

Purchasing and Contracting Colma Municipal Code (October 2019) Page 1.06-22

CHAPTER ONE: ORGANIZATION, FUNCTIONS, AND GENERAL PROVISIONS

Subchapter Seven: Reserved

Subchapter 1.07 [Reserved] Colma Municipal Code Page 1.07-1

CHAPTER ONE: ORGANIZATION, FUNCTIONS, AND GENERAL PROVISIONS

Subchapter Eight: Repealed

Subchapter 1.08 [Repealed] Colma Municipal Code Page 1.08-1

CHAPTER ONE: ORGANIZATION, FUNCTIONS, AND GENERAL PROVISIONS

Subchapter 1.09: [Repealed]

Subchapter 1.09 [Repealed] Colma Municipal Code (July 2014) Page 1.09-1

CHAPTER ONE: ORGANIZATION, FUNCTIONS, AND GENERAL PROVISIONS

Subchapter 1.10: Sale of Surplus Personal Property

(a) The City Manager may, after consultation with the appropriate department head, declare any personal property as surplus. The declaration shall be in writing, and the property shall be delivered to the City Manager who shall store the property and maintain a written inventory. If any other department head has use of the property, he or she may so request from the City Manager who shall have the authority to assign the property to any department able to make best use of such property. If, however, no department head makes request for the use of such property in his department after the inventory has been circulated at least once, then the property shall be finally deemed surplus.

(b) As used in this subchapter, the term ‘personal property’ means temporary or movable property, as distinguished from real property. Personal property is every kind of property that is not real property.

[History: formerly § 1.1001; ORD. 478, 3/8/95; ORD. 638., 12/14/05; ORD. 722, 6/12/13]

The City Manager shall, in all cases where the estimated value of personal property is five thousand dollars or more, and may, in the sale of all other personal property where, in his or her discretion, he or she determines it in the best interest of the city, sell surplus personal property by means of sealed bid or public auction. The procedure for conducting such sale shall be determined by the City Manager, providing, however, that the following are included in such procedure: (1) At least one notice, three days before the sale, shall be posted in three public places in the Town of Colma, containing a general description of the type of property to be sold and the time and place of such bid opening or auction; (2) That the terms of all sales shall be cash; (3) The sale by sealed bid or auction shall be to the highest responsible bidder; (4) That a receipt be given to the purchaser. In conducting an auction, the City Manager may contract with a professional auctioneer, and his or her fee may either allow a flat fee, hourly fee, or a percentage of the amount of the sale, based upon that which is the common and customary method and rate for such auctioneering services.

[History: formerly § 1.1002; ORD. 478, 3/8/95; ORD. 638, 12/14/05 ]

Surplus city property in usable condition, if its estimated value is less than five thousand dollars, may be disposed of in the following manner: The City Manager shall make an investigation of the market conditions of personal property of the type declared surplus and determine prices for all surplus property which, in his or her opinion, will be competitive with prices in the open market. He or she may then sell the personal property at market prices by advertising in the most appropriate means which, in his or her opinion, will bring the greatest number of potential purchasers. A notice of the sale shall be posted in three places, at least three days before the sale, which notice shall set forth the day and time it shall begin; the number of days it is to be

Sale of Surplus Personal Property Colma Municipal Code (June 2013) Page 1.10-1

continued if it is to last more than one day; the place where the articles may be examined; the place where the purchase price is to be paid and the property delivered; and a general description of the type of property being sold. The terms of all such sales shall be cash in the amount of the full purchase price. The City Manager or his or her authorized representative shall give a receipt to the purchaser of such property and keep a copy for the files. No sale may be made under this section to any city employee. As an alternate to the procedure in this section, the City Manager may dispose of the property as provided in section 1.10.020.

[History: formerly § 1.1003; ORD. 478, 3/8/95; ORD. 638, 12/14/05]

Notwithstanding any provisions of this article for the sale of surplus personal property in the open market or any auction, the City Manager may trade in surplus personal property with an amount he or she determines to be reasonable, to be allowed toward the purchase of a similar type of personal property. Typical situations where this might apply might be in the disposal of used motor vehicles and other machinery and equipment for which trade-ins are commonly permitted by the manufacturer.

[History: formerly § 1.1004; ORD. 478, 3/8/95; ORD. 638, 12/14/05]

When any surplus city property is deemed to be unserviceable, junk or scrap, no longer suitable for its original purpose, the City Manager shall dispose of such personal property by destruction, trade or sale of said personal property at the best competitive price available in the open market without regards to the other provisions of this article.

[History: formerly § 1.1005; ORD. 478, 3/8/95; ORD. 638, 12/14/05]

organizations.

Notwithstanding the other provisions of this article, the City Council may convey to a charitable nonprofit organization or a school district any surplus personal property upon receiving reasonable assurances that the property (or the proceeds therefrom) will be used for the benefit of educational, scientific, or charitable purposes, or for community matters such as recreation, education, aid to the destitute, city beautification, or any other activity in which the city government may legitimately participate. The maximum estimated value for said personal property shall not exceed five thousand dollars.

[History: formerly § 1.1006; ORD. 478, 3/8/95; ORD. 638, 12/14/05]

Notwithstanding the other provisions of this article, the City Council may convey or sell without recourse to sealed bid or auction surplus personal property to other public agencies including cities, counties, school districts, special districts and joint powers agencies as may be determined by the City Council.

Sale of Surplus Personal Property Colma Municipal Code (June 2013) Page 1.10-2

[History: formerly § 1.1007; ORD. 478, 3/8/95; ORD. 638, 12/14/05]

Department.

(a) Notwithstanding other provisions of this article, unclaimed property in the possession of the police department that has been adjudicated by a court of competent jurisdiction to be the property of the police department or held by the department for at least three months may be either retained by the Town, upon the finding that the property is needed for public use, or sold at public auction in accordance with this section by the Chief of Police or designee, or by a professional auctioneer with whom the Town has contracted.

(b) In the event that the property is sold at public auction, whether by the Town or a professional auctioneer, the Police Chief or designee shall post notice of the sale on the three official bulletin boards of the Town of Colma at least five (5) days before the date the auction will commence. The notice shall contain a general description of the type of property to be sold and the date, time and location of the sale. If the sale is to take place via the world wide web, the “location” shall mean the website listing the property for sale.

[History: formerly § 1.1008; ORD. 478, 3/8/95; ORD. 638, 12/14/05; ORD. 675, 3/11/09]

Notwithstanding other provisions of this Code, bicycles that have been lost or abandoned and recovered by police officers of the police department and held by the department for at least four months may be disposed of by the police department by placing such bicycles with charitable agencies, other governmental agencies concerned with the welfare of the poor and needy; or with individuals who are without funds to purchase a bicycle and need a means of transportation; or with children if their parents do not have funds to purchase bicycles because of unemployment or extremely low income and where the purchase of a bicycle for the child from family funds would deprive the family from the necessities of life.

[History: formerly § 1.1009; ORD. 478, 3/8/95; ORD. 638, 12/14/05; ORD. 722, 6/12/13]

(a) Notwithstanding other provisions of this Code, Police Department service weapons that are no longer standard issue may be sold by the City Manager at its fair market value to any Colma peace officer, any retired Colma peace officer, or any person who is an active or retired peace officer of any public entity within San Mateo County, in that order of preference, or to a licensed gun dealer, provided that the sale is in compliance with all other provisions of federal or state law regarding the sale of guns.

(b) Any Police Department service weapon that cannot be sold pursuant to paragraph (a) shall be destroyed.

[History: ORD. 722, 6/12/13]

Sale of Surplus Personal Property Colma Municipal Code (June 2013) Page 1.10-3

CHAPTER ONE: ORGANIZATION, FUNCTIONS, AND GENERAL PROVISIONS

Subchapter Eleven: Reserved

Subchapter 1.11 [Reserved] Colma Municipal Code Page 1.11-1

CHAPTER ONE: ORGANIZATION, FUNCTIONS, AND GENERAL PROVISIONS

Subchapter 1.12: Administrative Hearings

(a) The administrative hearing procedure herein shall apply to any proceeding (i) under the Town of Colma Nuisance Abatement Ordinance, or (ii) any matter which requires a full evidentiary hearing but where the city council has declined to exercise jurisdiction.

(b) The administrative hearing procedure herein shall not apply to appeals from disciplinary actions, which shall be governed by the Town of Colma Policies and Personnel Manual; grievances, which shall be governed by the Town of Colma Policies and Personnel Manual; appeals to the city council from an administrative decision made by the city manager, city planner, or city engineer, which shall be governed by section 1.02.140 of this Code; and public hearings before the city council.

[History: formerly § 1.1201; ORD. 495 7/10/96; ORD. 521, 12/10/97; ORD. 638, 12/14/05]

Upon receipt of a request for an Administrative Hearing, the City Manager shall appoint the Hearing Officer, set the date for the hearing, and serve written notice of hearing on all parties.

[History: formerly § 1.1202; ORD. 495 7/10/96; ORD. 521, 12/10/97; ORD. 638, 12/14/05]

(a) The City Manager may contract with any organization or governmental entity that provides alternative dispute resolution services in San Mateo County to provide a hearing officer for an administrative hearing. The hearing officer shall be selected by the organization or governmental entity.

(b) Alternatively, the City Manager may contract directly with any person who serves as a Hearing Officer for the County of San Mateo, or any city within the County of San Mateo, to serve as a hearing officer provided that (1) such person shall have had two-years’ training or experience in conducting or appearing at administrative hearings, and (2) no person shall serve as a hearing officer in the Town of Colma more than one time only.

[History: formerly § 1.1203; ORD. 495 7/10/96; ORD. 521, 12/10/97; ORD. 596, 9/11/02; ORD. 638, 12/14/05; ORD. 676, 4/8/09; ORD. 722, 6/12/13]

(a) The hearing officer shall be disqualified if any one or more of the following is true:

Administrative Hearings Colma Municipal Code (June 2013) Page 1.12-1

(1) The hearing officer, a spouse of the hearing officer, or a person within the third degree of relationship to either of them, has personal knowledge of disputed evidentiary facts in the proceeding;

(2) The hearing officer has served as lawyer for any violator or property owner
involved in the proceeding;

(3) The hearing officer has served as lawyer in any other proceeding involving the
same issues;

(4) The hearing officer has represented or advised the Town concerning the factual
or legal issues involved in the proceeding.

(5) The hearing officer, a spouse of the hearing officer, or a child or parent of either
of them, has a material financial interest in the outcome of the proceeding

(b) It shall not be grounds for disqualification that the hearing officer:

(1) Is or is not a member of a racial, ethnic, religious, sexual or similar group and
the proceeding involves the rights of such a group;

(2) Has in any capacity expressed a view on a legal or factual issue presented in the
proceeding, except as provided in (b) above;

(3) Has participated in the drafting of laws, ordinances or regulations, or in the effort
to pass or defeat such laws, ordinances or regulations, the meaning, effect or
application of which is in issue in the proceeding unless the hearing officer believes that
his or her prior involvement is so well known as to raise a reasonable doubt in the public
mind as to his or her capacity to be impartial.

(c) On the Hearing Officer’s own motion or on the written request of any party, supported by a written declaration setting forth the facts constituting the grounds for disqualification, the Hearing Officer shall determine whether or not to disqualify himself or herself. If a Hearing Officer who should disqualify himself or herself refuses or fails to do so, the objecting party may, within five (5) days thereafter, file with the City Manager a written request for an independent determination and shall serve a copy thereof on all other parties to the hearing. The City Manager shall thereupon appoint another hearing officer to rule on the objection. An objection that is not timely and properly filed and served shall be deemed waived.

[History: formerly § 1.1204; ORD. 495 7/10/96; ORD. 521, 12/10/97; ORD. 638, 12/14/05]

(a) Any party may peremptorily challenge the Hearing Officer by filing with the City Manager within five (5) days of service of the notice of appointment of the Hearing Officer, and by serving a copy thereof on all parties, a written declaration stating that the party believes that he or she cannot have a fair and impartial hearing before that Officer. Upon receipt of a peremptory timely challenge under this provision, the City Manager shall appoint another

Administrative Hearings Colma Municipal Code (June 2013) Page 1.12-2

Hearing Officer. A party may exercise his right to a peremptory challenge under this section only once.

(b) A peremptory challenge that is not timely and properly filed and served shall be deemed waived.

[History: formerly § 1.1205; ORD. 495 7/10/96; ORD. 521, 12/10/97; ORD. 638, 12/14/05]

(a) The notice of an administrative hearing shall contain the date, time and place of the hearing.

(b) The hearing shall be set for a date not less than fifteen days or more than sixty days from the date of the notice of hearing unless the City Manager determines that the matter is urgent or that good cause exists for an extension of time. Whenever feasible, the City Manager shall consult with the persons or officers named or affected by the hearing regarding available dates for the administrative hearing.

(c) The notice of administrative hearing may be served by first class mail, postage prepaid, on the person on whom it is to be made at the address last given by that person on a document filed with the Town, otherwise to the address where that person resides or has his office, except that once a respondent appears in an administrative hearing with an attorney, service shall be made by mail on the respondent’s attorney.

[History: formerly § 1.1206; ORD. 495 7/10/96; ORD. 521, 12/10/97; ORD. 638, 12/14/05; ORD. 722, 6/12/13]

(a) The Administrative Hearing Officer shall, if legally authorized, issue subpoenas at the request of either party made at least ten (10) days prior to the commencement of the hearing or fifteen (15) days if the subpoena also directs the witness to bring documents. The request shall be in writing and shall include the identity of the witness or documents to be subpoenaed and shall briefly indicate the nature and relevancy of the testimony or contents. After the commencement of such hearing, subpoenas shall be issued only in the discretion of the Hearing Officer.

(b) The party requesting the subpoena shall be responsible for its service and shall serve it a reasonable time before the hearing.

[History: formerly § 1.1207; ORD. 495 7/10/96; ORD. 521, 12/10/97; ORD. 638, 12/14/05]

(a) The Hearing Officer may conduct a pre-hearing or post-hearing conference, in person or by telephone or other electronic means, to facilitate the conduct of the hearing.

Administrative Hearings Colma Municipal Code (June 2013) Page 1.12-3

(b) Upon the request of any party, the Hearing Officer may order each party to serve upon the other party and submit to the Hearing Officer a list of all witnesses and a copy of all exhibits, and written arguments on a schedule satisfactory to the Hearing Officer. Neither party will be permitted to call during the hearing a witness no identified pursuant to this section nor use any exhibit no provided pursuant to this section unless that party can show that he or she could not reasonably have anticipated the prior need for such witness or exhibit.

[History: formerly § 1.1208; ORD. 495 7/10/96; ORD. 521, 12/10/97; ORD. 638, 12/14/05; ORD. 722, 6/12/13]

(a) A party, representative of a party, city employee, or council member shall not communicate directly with the Hearing Officer regarding the merits of a contested matter except:

(1) At the hearing;

(2) With the consent of all other parties or their respective representatives;

(3) In the presence of all other parties or their respective representatives;

(4) In writing with a copy thereof furnished to all other parties or their respective
representatives.

(b) Nothing herein shall prohibit the City Manager or designee from contacting the Hearing Officer to schedule a hearing or to make arrangements for a hearing.

[History: formerly § 1.1209; ORD. 495 7/10/96; ORD. 521, 12/10/97; ORD. 638, 12/14/05]

(a) The hearing shall proceed in the following order unless the Hearing Officer directs otherwise:

(1) Opening statement by the Town;

(2) Opening statement by the opposing party;

(3) Evidence by the Town;

(4) Evidence by the opposing party;

(5) Rebuttal evidence by the Town;

(6) Oral argument by the Town;

(7) Oral argument by the opposing party;

Administrative Hearings Colma Municipal Code (June 2013) Page 1.12-4

(8) Rebuttal argument by the Town.

(b) Oral evidence shall be taken only on oath or affirmation.

(c) Each party shall have the right to be represented by an attorney; to call and examine witnesses; to introduce exhibits; to cross-examine on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him or her to testify; and to rebut the evidence against him or her. If the opposing party does not testify in his or her own behalf, he or she may be called and examined as if under cross-examination.

(d) The Hearing Officer shall rule on the admission and exclusion of evidence. All objections to the admission of evidence shall be made at the time the evidence is presented, or the objection shall be deemed waived. The Hearing Officer may enter an order to protect all witnesses from harassment, badgering, argumentative questions, which inquire into privileged matters or other improper questions or treatment.

(e) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection on civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing, and irrelevant and unduly repetitious evidence shall be excluded. Evidence of prior misconduct of the employee is relevant and admissible.

(f) Copies of documents which are true and accurate copies shall not be inadmissible merely because they are not certified or verified copies.

(g) A record must be made to preserve the matter for judicial review. The City Manager shall determine the method of making a record, which could be by stenographer or audio tape. The record shall include each and every piece of documentary or real evidence admitted.

(h) During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon motion of either party.

(i) No still photographs, moving pictures, or television pictures shall be taken during a hearing.

(j) The Hearing Officer may grant a continuance for any reason he or she believes to be important to reaching a fair and proper decision.

[History: formerly § 1.1210; ORD. 495 7/10/96; ORD. 521, 12/10/97; ORD. 638, 12/14/05]

Administrative Hearings Colma Municipal Code (June 2013) Page 1.12-5

The City shall, at its own expense, provide reasonable language assistance to material witnesses.

[History: formerly § 1.1211; ORD. 495 7/10/96; ORD. 521, 12/10/97; ORD. 638, 12/14/05]

Except as otherwise provided by law, the burden of proof shall be by a preponderance of the evidence and shall be based on evidence in the record. After hearing all evidence and argument, the Hearing Officer shall render a written Statement of Decision explaining the basis for the decision. The Hearing Officer shall render its Statement of Decision as soon after the conclusion of the hearing as possible, but no later than thirty (30) calendar days after conducting the hearing, whichever is later, unless otherwise stipulated by the parties.

[History: formerly § 1.1212; ORD. 495 7/10/96; ORD. 521, 12/10/97; ORD. 638, 12/14/05]

Administrative Hearings Colma Municipal Code (June 2013) Page 1.12-6

CHAPTER ONE: ORGANIZATION, FUNCTIONS, AND GENERAL PROVISIONS

Subchapter 1.13: Repealed

Subchapter 1.13 [Repealed] Colma Municipal Code (December 2011) Page 1.13-1

CHAPTER ONE: ORGANIZATION, FUNCTIONS, AND GENERAL PROVISIONS

Subchapter 1.14: Claims Against the Town of Colma

(a) All claims against the Town of Colma for money or damages not otherwise governed by the Tort Claims Act, California Government Code Sections 900 et seq., or another state law (hereinafter in this Chapter, “claims”), including but not limited to claims for tax refunds, shall be presented within the time, and in the manner, prescribed by Part 3 of Division 3.6 of Title 1 of the California Government Code (commencing with Section 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 chapter.

(b) A tax or assessment refund claim shall be deemed to accrue as of the date of payment of the tax or assessment.

[History: ORD. 592, 1/9/02; ORD. 687, 1/13/10]

All claims shall be made in writing and verified by the claimant or by his or her guardian, conservator, executor or administrator. No claim may be filed on behalf of a class of persons unless verified by every member of that class as required by this section. In addition, all claims shall contain the information required by California Government Code Section 910.

Pursuant to California Government Code Section 915, a claim, any amendment thereto, or an application for leave to present a late claim may be submitted electronically to the Town of Colma by using the online claim form available on the City Manager/City Clerk’s Office webpage in accordance with all publicly posted instructions. The City Manager is authorized to provide uniform instructions for the filing of claims electronically that are not in conflict with Division 3.6 of Title 1 of the Government Code or this Section. Proof of electronic service may be made and signed in the manner prescribed by California Government Code Section 915.2, as it may be amended from time to time. If the claim or application is submitted electronically, the person or party shall be deemed to have provided consent to accept service electronically of the notices specified in Government Code Section 915.4, as may be amended from time to time, and other correspondence from the Town of Colma or its representatives. [History: ORD. 592, 1/9/02; ORD. 805, 5/12/21]

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 Council 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 Section 2 of this Chapter.

[History: ORD. 592, 1/9/02]

Claims Against the Town of Colma Colma Municipal Code (May 2021) Page 1.14-1

Any action brought against the Town of Colma 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 Town of Colma shall conform with the requirements of Section 950-951 of the California Government Code.

[History: ORD. 592, 1/9/02]

(a) The City Manager shall be, and hereby is authorized to:

(1) Approve and pay any claim and settle any lawsuit for $50,000 or less against the
Town, provided that approval is recommended by both the Town’s insurance carrier and
the City Attorney and that the settlement does not include any form of injunctive or
relief; and

(2) Deny any claim where denial of the claim is recommended by the liability
insurance company for the Town of Colma.

(b) Within 30 days after approving or denying a claim, the city Manager must submit a written report to the City Council advising it of the claim, the disposition, and actions taken, if any, to remedy or mitigate the cause of the claim.

[History: ORD. 607, 12/10/03; ORD. 734, 7/9/14]

[Cross-reference: CMC § 1.504]

Precedent to Seeking Judicial Review.

Notwithstanding any other provision of this Code, no injunction, writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the Town of Colma or an officer thereof, to prevent or enjoin the collection of taxes, assessments or fees (whether established by ordinance, resolution or other action of the City Council), which are sought to be collected from any person/claimant, or are otherwise due and owing from any person/claimant to the Town of Colma pursuant to this Code or otherwise, and payment of all said taxes, assessments, fees, plus any interest and penalties shall be required as a condition precedent to seeking judicial review of any tax, assessment or fee liability. For purposes of this section, the term “Town of Colma” shall include, but not be limited to, any agency, district or entity formed or governed by the Town of Colma.

[History: ORD. 694, 4/13/11]

No provision in this Code shall be deemed to permit the filing by or on behalf of a class or group, of a claim for refund of taxes, assessments or fees (whether established by ordinance, resolution or other action of the City Council), which have been paid to or collected by the Town

Claims Against the Town of Colma Colma Municipal Code (May 2021) Page 1.14-2

of Colma. For purposes of this section, the term “Town of Colma” shall include, but not be limited to, any agency, district or entity formed or governed by the Town of Colma.

[History: ORD. 694, 4/13/11]

Claims Against the Town of Colma Colma Municipal Code (May 2021) Page 1.14-3

CHAPTER ONE: ORGANIZATION, FUNCTIONS, AND GENERAL PROVISIONS

Subchapter 1.15: [Repealed]

Subchapter 1.15 [Repealed] Colma Municipal Code (July 2014) Page 1.15-1

CHAPTER ONE: ORGANIZATION, FUNCTIONS, AND GENERAL PROVISIONS

Subchapter 1.16: Police Training Public Safety Dispatcher Standards, and Reserve Police Officers

The Town of Colma declares that it desires to qualify to receive aid from the State of California under the provisions of Chapter 1 of Title 4, Part 4 of the California Penal Code.

[History: formerly § 2.201; ORD. 296, 4/11/84; ORD. 638, 12/14/05]

Pursuant to Section 13522 of said Chapter 1, the Town of Colma will adhere to the standards for recruitment and training established by the California Commission on Peace Officer Standards and Training.

[History: formerly § 2.202; ORD. 296, 4/11/84; ORD. 638, 12/14/05]

Pursuant to California Penal Code Section 13510(c), the Town of Colma will adhere to standards for recruitment and training of Public Safety Dispatchers established by the California Commission on Peace Officer Standards and Training (POST).

[History: formerly § 2.203; ORD. 414, 6/13/90; ORD. 638, 12/14/05]

The Chief of Police, or his/her designee, shall be responsible for regularly reviewing and maintaining POST standards for recruitment and training in order to insure compliance with these standards.

[History: formerly § 2.204; ORD. 414, 06/13/90; ORD 638, 12/14/05]

Pursuant to California Penal Code Section 13512, POST and its representatives may make such inquiries as deemed appropriate by POST to ascertain that the Town of Colma's public safety dispatcher personnel adhere to the standards for selection and training it has established.

[History: formerly § 2.205; ORD. 414, 06/13/90; ORD. 638, 12/14/05]

(a) A police reserve force is established in the Town of Colma. The Chief of Police, or his or her designee, is hereby empowered to deputize or appoint qualified persons as reserve police officers pursuant to Sections 830.6 and 832.6 of the Penal Code. Qualifying persons may be appointed to the position of reserve police officer in the following categories pursuant to

Police Training & Public Safety Dispatchers Standards Colma Municipal Code (January 2018) Page 1.16-1

California Penal Code Section 832.6: Level I Reserve Police Officer, Level II Reserve Police Officer or Level III Reserve Police Officer.

(b) Those persons deputized or appointed by the Chief of Police, or his or her designee, as a “designated” Level I Reserve Police Officer as provided by California Penal Code Section 830.6(a)(2), shall have the full powers and duties of a peace officer as provided in Section 830.1 of the Penal Code. Any reserve police officer within the Level I Reserve Police Officer job classification not appointed as “designated” is a “nondesignated” Level I Reserve Police Officer as provided by California Penal Code Section 830.6(a)(1). The authority of “nondesignated” Level I Reserve Police Officers shall extend only for the duration of assignment to specific police functions, as determined by the chief of police.

[History: ORD. 775, 1/10/18]

Police Training & Public Safety Dispatchers Standards Colma Municipal Code (January 2018) Page 1.16-2

CHAPTER ONE: ORGANIZATION, FUNCTIONS, AND GENERAL PROVISIONS

Subchapter 1.17: Colma Disaster Council

The purposes of this ordinance are to provide for the preparation and implementation of plans for providing materials and services within the Town in the event of an emergency, to empower certain Town officials to promulgate orders and regulations necessary to provide for the protection of life and property or to preserve public order and safety, and to provide for the coordination of the emergency services functions of the Town with all other public agencies, corporations, organizations, and affected private persons.

[History: formerly § 2.301; ORD. 296, 4/11/84; ORD. 638, 12/14/05; ORD. 659, 6/13/07]

(a) As used in this ordinance, a “local emergency” or “emergency” means the actual or threatened existence of an event or condition that requires immediate action to prevent or mitigate the loss or impairment of life, health, property or essential public services, which is, or is likely to be, beyond the control of the services, personnel, equipment, and facilities of the Town.

(b) An emergency includes, but is not limited to air pollution, civil disturbance, drought, earthquake, epidemic, fire, flood, hazardous materials exposure, plant or animal infestation or disease, riot, storm, sudden and severe energy shortage, transportation accident, terrorist activity, tsunami, volcano eruption, and war.

[History: formerly § 2.301; ORD. 296, 4/11/84; ORD. 638, 12/14/05; ORD. 659, 6/13/07]

(a) A local emergency may be proclaimed by the City Council or, if the City Council cannot be convened into session, by the Director of Emergency Services. If the Director of Emergency Services proclaims a local emergency, the proclamation shall expire unless ratified by the City Council within seven days.

(b) At least every thirty days, the City Council must review the conditions of the local emergency and, in order to continue the local emergency, ratify the continuing existence of the local emergency.

[History: formerly § 2.301; ORD. 296, 4/11/84; ORD. 638, 12/14/05; ORD. 659, 6/13/07; ORD. 751, 11/12/15]

(a) There is hereby created the office of Director of Emergency Services. The City Manager shall be Director of emergency services.

Colma Disaster Council Colma Municipal Code (November 2015) Page 1.17-1

(b) The City Manager shall designate the order of succession to the office of Director of Emergency Services to take effect in the event that the Director is unavailable or unable to take appropriate action pursuant to the provisions of this chapter. As used in this ordinance, the term “Director” means the Director or any person duly acting in the unavailability or inabilty of the Director.

[History: formerly § 2.304; ORD. 296, 4/11/84; ORD. 638, 12/14/05; ORD. 659, 6/13/07]

(a) It shall be the duty of the Director of Emergency Services, and the Director of Emergency Services is hereby empowered to:

(1) Meet informally with Town staff 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
such plans and agreements, and to perform such other functions as may be
designated in the Emergency Plan.

(2) Request the City Council to proclaim the existence or threatened existence of a
local emergency, and the termination thereof, if the City Council is in session, or
to issue such proclamations if the City Council is not in session.

(3) Request the Mayor to request that the Governor proclaim a state of emergency
when, in the opinion of the Director, the locally available resources are
inadequate to cope with the emergency.

(4) Control and direct the efforts of the emergency organization of the Town to
accomplish the purposes of this ordinance.

(5) Direct cooperation between, and coordination of, services and staff of the
emergency organization of the Town, and resolve questions of authority and
responsibility that may arise.

(6) Represent the Emergency Organization of the Town in all dealings with public or
private agencies pertaining to emergencies as defined in this chapter.

(7) Prepare and maintain, on a current basis, the Emergency Plan as provided, and
described in this chapter, and submit the plan to the City Council for approval.

(8) Designate the order of succession to that office, to take effect in the event the
Director is unavailable to attend meetings and otherwise perform his duties
during an emergency. Such order of succession shall be approved by the City
Council and specified in the Emergency Plan.

[History: formerly 2.306; ORD. 296, 4/11/84; ORD. 638, 12/14/05; ORD. 659, 6/13/07;
ORD. 751, 11/12/15]

Colma Disaster Council Colma Municipal Code (November 2015) Page 1.17-2

(a) In the event of the proclamation of a local emergency or the proclamation of a state of emergency by the President, Governor, or State Director of Office of Emergency Services, the Director is empowered, to do each of the following:

(1) Make, issue, and enforce rules, orders or regulations reasonably related to the
protection of life and/or property, or the preservation of public order and safety,
including but not limited to any one or more of the following:

(A) An order imposing a curfew within the entire Town, or designated
boundaries, which shall prohibit the presence of any person on any public
highway, sidewalk or place, and may prohibit presence in any outdoor place,
public or private;

(B) An order prohibiting access to, travel along, or egress from any public or
private street, highway or road within the Town;

(C) An order prohibiting or restricting the sale of alcoholic beverages in or
from any business in all or a portion of the Town.

(2) Obtain and requisition vital services, supplies, materials, equipment and such
other properties as are found lacking and needed for the protection of the life
and property of the people, bind the Town to pay fair market value for the goods
and services, and if required immediately, to commandeer the same for public
use;

(3) Order any Town officer or employee to perform emergency services;

(4) Command, in the event of the proclamation of extreme emergency by the
Governor for the region in which the Town is located, the aid of as many citizens
of this community as the Governor deems necessary in the execution of these
duties; and

(5) Exercise all ordinary powers of the City Manager, as well as all special powers
conferred upon the City Manager by this chapter, by any provision of state or
local law, by any agreement approved by the City Council, by the Emergency
Plan then in effect, or special power vested in Town by any other lawful
authority.

[History: formerly 2.306; ORD. 296, 4/11/84; ORD. 638, 12/14/05; ORD. 659, 6/13/07]

(a) All rules, orders and regulations made and issued pursuant to this ordinance, and any amendment or rescission thereof, shall be in writing and given widespread publicity and notice as follows:

(1) By posting on the three official bulletin boards of the Town;

Colma Disaster Council Colma Municipal Code (November 2015) Page 1.17-3

(2) By posting in a conspicuous place near the Town limits at each public street into the Town of Colma, including B Street, F Street, Clark Avenue, Hillside Boulevard, El Camino Real, Old Mission Road, Junipero Serra Boulevard, Lawndale Boulevard and Serramonte Boulevard;

(3) In the case of any curfew order, by public announcement system using police
vehicles, mobile trucks or other vehicles; and

(4) By such other means determined by the Director.

(b) Rules, orders and regulations issued pursuant to this chapter shall remain in effect for the period specified in the declaration of emergency, but no rule, order or regulation shall remain in effect for more than seven (7) days unless confirmed and ratified by the City Council. Prior to confirmation and ratification, the Director shall provide the City Council with the written emergency proclamation, all other related documents, and a report explaining the facts and circumstances which prompted the emergency proclamation and issuance of emergency rules, orders and regulations.

[History: formerly 2.306; ORD. 296, 4/11/84; ORD. 638, 12/14/05; ORD. 659, 6/13/07]

All officers and employees of the Town, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may, by agreement or operation of law, including persons impressed into service under the provisions of Section 1.17.080(a)(3) of this ordinance, be charged with duties incident to the protection of life and property in the Town during such emergency, shall constitute the Emergency Organization of the Town of Colma.

[History: formerly § 2.307; ORD. 296, 4/11/84; ORD. 638, 12/14/05; ORD. 659, 6/13/07]

All officers and employees of the Town, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may, by agreement or operation of law, including persons impressed into service under the provisions of Section 1.17.060(a)(3) of this ordinance, be charged with duties incident to the protection of life and property in the Town during such emergency, shall constitute the Emergency Organization of the Town of Colma.

[History: formerly 2.306; ORD. 296, 4/11/84; ORD. 638, 12/14/05; ORD. 659, 6/13/07; ORD. 751, 11/12/15]

(a) It shall be the duty of the Colma Disaster Council, and it is hereby empowered, to develop and recommend for adoption by the City Council, emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The Disaster Council shall meet upon call of the

Colma Disaster Council Colma Municipal Code (November 2015) Page 1.17-4

chairman or, in his absence from the Town or inability to call such meeting, upon call of the vice chairman.

(b) The Disaster Council is hereby empowered to:

(1) Develop plans for meeting any condition constituting a local emergency or state
of emergency;

(2) Recommend to the Director of Emergency Services the emergency organization
rules and regulations for dealing with local emergencies that can be adequately
dealt with locally;

(3) Act to carry out mutual aid on a voluntary basis; and

(4) Supervise and register volunteers.

[History: formerly 2.306; ORD. 296, 4/11/84; ORD. 638, 12/14/05; ORD. 659, 6/13/07]

Any expenditure 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 Town of Colma.

[History: ORD. 659, 6/13/07]

[See, CMC § 1.06.060 for emergency spending authority of the City Manager.]

(a) The City Council shall have the power to appoint standby officers with three standby officers for each member of the City Council and designated as Nos. 1, 2 and 3.

(b) The qualifications of each standby officer shall be carefully investigated, and a standby officer may be removed and replaced at any time with or without cause.

(c) Standby officers shall be required to take the oath of office, shall follow the duties outlined in state law, and shall be ready to serve during a state of war emergency, or in a state or local emergency, in place of the regular City Council member if that member is unavailable as defined in state law.

[History: ORD. 659, 6/13/07; ORD. 751, 11/12/15]

If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this sub-chapter. The City Council hereby declares that it would have passed the ordinance as codified in this sub-chapter and each and every section, subsection, sentence, clause or phrase not declared invalid or

Colma Disaster Council Colma Municipal Code (November 2015) Page 1.17-5

unconstitutional without regard to whether a portion of the ordinance would be subsequently declared invalid or unconstitutional.

[History: Ord. 659, 6/13/07]

Colma Disaster Council Colma Municipal Code (November 2015) Page 1.17-6

CHAPTER ONE: ORGANIZATION, FUNCTIONS, AND GENERAL PROVISIONS

Subchapter 1.18: Limitations on Use of Police Vehicles

It shall be unlawful for any person other than a police officer of the Town of Colma to drive or ride as a passenger in a police vehicle of the Town of Colma when said vehicle is on police duty including patrolling or responding to police calls, save and except when specifically authorized by the Chief of Police of the Town of Colma and by the exceptions set forth in Section 1.18.020 below.

[History: formerly § 2.401; ORD. 295, 2/08/84; ORD. 638, 12/14/05]

(a) Passengers may be allowed to ride in a Colma police vehicle as part of an informational "ride-along" program under rules and regulations established by the Chief of Police; provided, however, that such program provides for (i) at least two police officers to be in the vehicle and (ii) further provided that the non-police passenger shall not participate as a passenger in such a program more often than once in any 18-month period.

(b) The foregoing restrictions shall not apply to passengers who are bona fide members of a sheriff's department or another police department working jointly with the Police Department of the Town of Colma.

(c) As a further exception to the above restrictions, police cars may be used to transport passengers for other than normal police duties under regulations established by the Chief of Police and approved by at least four members of the City Council for the purpose of assisting Colma residents who are handicapped, infirm, aged or indigent; for authorized participation in parades and public celebrations; and for participation when authorized at funerals of Colma officers and residents.

(d) A violation of this ordinance shall be an infraction.

[History: formerly § 2.402; ORD. 295, 2/08/84; ORD. 638, 12/14/05]

Limitations on Use of Police Vehicles Colma Municipal Code (January 2006) Page 1.18-1

Item #3

ORDINANCE NO. 820

OF THE CITY COUNCIL OF THE TOWN OF COLMA

ORDINANCE AMENDING THE COLMA MUNICIPAL CODE TO ADD A NEW

SUBCHAPTER 1.19, RELATING TO THE TOWN SEAL/LOGO, PURSUANT TO CEQA GUIDELINE 15378

The City Council of the Town of Colma does ordain as follows:

This ordinance, or a summary thereof prepared by the City Attorney, shall be posted on the three (3) official bulletin boards of the Town of Colma within 15 days of its passage and is to take force and effect thirty (30) days after its passage.

If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of this ordinance that can be given effect without the invalid provision or application and, to this extent, the provisions of this ordinance are hereby declared to be severable.

The City Council’s introduction and adoption of any ordinance regarding the Town seal/logo is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) as the action does not meet the definition of a “project” under CEQA pursuant to CEQA Guideline

Ord. No. 820 - CMC Subchapter 1.19 Town Seal/Logo Page 2 of 3

15378 as it is more akin to an organizational or administrative activity of the Town that will not result in direct or indirect physical changes in the environment.

Certification of Adoption

I certify that the foregoing Ordinance No. 820 was duly introduced at a regular meeting of the City Council of the Town of Colma held on April 24, 2024, and adopted at a regular meeting of the City Council of the Town of Colma held on May 8, 2024, by the following vote:

Name Voting Present, Not Voting Absent

Aye No Abstain Not Participating

John Irish Goodwin, Mayor

Ken Gonzalez

Carrie Slaughter

Helen Fisicaro

Joanne F. del Rosario

VotingTally

Dated: ____________________ _____________________________________ John Irish Goodwin, Mayor

Attest: ______________________________ Abigail Dometita, Interim City Clerk

Ord. No. 820 - CMC Subchapter 1.19 Town Seal/Logo Page 3 of 3

DETAILED TABLE OF CONTENTS

CHAPTER TWO: PROHIBITED ACTIVITIES

Subchapter 2.01: Property Maintenance and Nuisance Abatement

Division1. General

2.01.010 Title
2.01.020 Findings
2.01.030 Policy
2.01.040 Purpose and Intent
2.01.050 Definitions
2.01.060 Public Nuisance Conditions
2.01.070 Responsibility for Proper Property Maintenance
2.01.080 Declaration of Public Nuisance
2.01.090 Violations – Misdemeanor or Infraction, and Civil Fine
2.01.100 Code Enforcement Officer
2.01.110 Inspections