Vista Municipal Code § 2.20 City Manager

Section 2.20.010 Office Established

The Office of the City Manager is established. Prior Code 2-18(A); Ord. No. 69-47, Amended 8/18/69; Ord. No. 83-46, Amended 8/22/83)

Section 2.20.020 Administrative and Enforcement Powers

The City Manager shall be the Chief Executive and Administrative Officer of the City

government, and shall enforce the laws of the City and require the faithful performance of all administrative duties. Prior Code 2-18(B.1); Ord. No. 69-47, Amended 8/18/69; Ord. No. 83-46, Amended 8/22/83)

Section 2.20.030 Powers and Duties

A. General Duties. The City Manager shall be the administrative head of the

government of the City under the direction and control of the City Council, except as otherwise provided in this chapter. He shall be responsible for the efficient administration of all the affairs of the City which are under his control. In addition to his general powers as administrative head, and not as a limitation thereon, it shall be his duty and he shall have the powers set out in the following subsections. B. Authority to Appoint and Remove Employees. The City Manager shall appoint competent, qualified officers and employees to the administrative service and shall have the power to dismiss, suspend and discipline all officers and employees in the administrative service under his control. He shall also have the power to authorize a department head or officer responsible to him to appoint and remove subordinates serving under that department head or officer. C. Appointments to Acting Capacity. The City Manager shall designate himself or some other officer or employee to perform the duties of any officer or position in the administrative service under his control which is vacant or which lacks administration due to the absence or disability of the incumbent. D. Annual Report. The City Manager shall prepare and present to the City Council an annual report of the City's affairs, including a summary of reports of department heads, and such other reports as the City Council shall require. E. Budget Report. The City Manager shall assemble estimates of the financial needs and resources of the City for each ensuing year, and shall prepare a program of activities within the financial power of the City, embodying in it a budget document with proper supporting schedules and analyses.

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F. Council-Manager Relations. The City Council and its members shall deal with the administrative services of the City only through the City Manager, except for the purpose of inquiry. Should any Council Member make an inquiry, it shall be for the purpose of compiling facts and data for possible future action by the City Council. In no event shall action be taken after completion of the inquiry without City Council approval. The City Manager shall take his orders and instructions from the City Council as a body, and no individual Council Member shall give any orders or instructions to the City Manager or his subordinates. Once decisions have been made by the City Council as a body, it shall be final and conclusive. Further reference to any such decision of the City Council shall not be made by the City Manager except to the City Council as a whole. G. Enforcement of Laws. The City Manager shall see that the laws of the State pertaining to the City and all laws and ordinances of the City are duly enforced, and that all franchises, contracts, permits and privileges granted by the City are faithfully observed. H. Attendance of Meetings. The City Manager shall attend all meetings of the City Council unless excused therefrom by the City Council, except when his removal is under consideration by the City Council. I. Recommendations to City Council. The City Manager shall recommend to the City Council for adoption such measures and ordinances as he deems necessary or expedient. The City Manager shall keep the City Council at all times fully advised as to the financial conditions and needs of the City. The City Manager shall make such other reports and recommendations as may be desirable or as requested by the City Council. J. Purchases. The City Manager shall purchase, or cause to be purchased by some officer designated by him, all supplies and equipment for all of the departments or divisions of the City. All purchases and expenditures for purchases shall be made in accordance with procedures established by ordinance. K. Service in Other City Offices. The City Manager shall serve in any appointed office within the City government to which he may be qualified when appointed thereto by the City Council, and to hold and perform duties thereof at the pleasure of the City Council. L. Miscellaneous Duties. The City Manager shall perform such other duties and exercise such other powers as may be delegated to him from time to time by ordinance or resolution or other action of the City Council. Prior Code 2-18(B.1); Ord. No. 69-47, Amended 8/18/69; Ord. No. 83-46, Amended 8/22/83; Ord. 22-15, Amended 9/13/22; Ord. 22-22, Amended 12/13/22)

Section 2.20.040 Additional Powers and Duties

A. Prescribe Rules. The City Manager shall have the power to prescribe such rules and regulations as he shall deem necessary or expedient for the conduct of administrative agencies subject to his authority; and he shall have the power to revoke, suspend or amend any rule or regulation of the administrative service by whomever prescribed. B. Investigate. The City Manager shall have the power, either by himself or by any officer or person designated for the purpose by him, to investigate and to examine or inquire into the affairs or operation of any department, division, bureau or office; and when so authorized by the City Council, he shall have power to employ consultants and professional counsel to aid in such investigations, examinations or inquiries. C. Overrule Officials. The City Manager shall have the power to set aside any action taken by a department head and may supersede him in the functions of his office. D. Delegate Duties. The City Manager shall have the power to direct any department, division or bureau to perform the work for any other department, division or bureau. E. Appoint Administrative Committees. The City Manager shall have the power to designate from the administrative service such committees and the officers thereof as he shall

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find necessary for the proper consideration of administrative problems. Such committees shall meet at the request of the administrator and shall make such recommendation on matters referred to them as they find necessary for the best interests of the City. F. Appear before City Council. The City Manager shall have the power to appear before and address the City Council at any meeting. Prior Code 2-18(B.2); Ord. No. 69-47, Amended 8/18/69; Ord. No. 83-46, Amended 8/22/83)

Section 2.20.050 Eligibility for Office - Bond - Acting City Manager

A. Eligibility. No person elected as a Council Member of the City shall, subsequent

to such election, 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. B. Bond Required. The City Manager shall furnish a corporate surety bond to be approved by the City Council in such sum as may be determined by the City Council and shall be conditioned upon the faithful performance of the duties imposed upon the City Manager as prescribed in this chapter. Any premium for such bond shall be a proper charge against the City. C. Acting City Manager. The City Manager shall designate an officer of the City to serve as acting City Manager during any temporary absence or disability of the City Manager. In the event or failure to make such designation, the City Council may appoint an officer to perform the duties of the City Manager during the period of absence or disability of the City Manager. Prior Code 2-18(B.3); Ord. No. 69-47, Amended 8/18/69; Ord. No. 83-46, Amended 8/22/83)

Section 2.20.060 Removal from Office - Conditions

A. Vote Required. The removal of the City Manager shall be only upon a three member vote of the whole City Council in the City in regular Council meeting, subject, however, to the provisions of the following subsections. In case of his intended removal by the City Council, the City Manager shall be furnished with a written notice stating the City Council's intention to remove him. The effective date of his removal shall be shown upon the written notice. B. Request for Hearing. Within seven days after the delivery to the City Manager of such notice, he may, by written notification to the City Clerk, request a hearing before the City Council. Thereafter, the City Council shall fix a time for the hearing which shall be held at its usual meeting place, at which the City Manager shall appear and be heard. C. Discretion of City Council. In removing the City Manager, the City Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the City Manager to present to the City Council his grounds of opposition to his removal. D. Limitations. 1. Notwithstanding the provisions of this chapter hereinbefore enumerated, the City Manager shall not be removed from office during or within a period of 90 days succeeding any general municipal election held in the City at which election a member of the City Council is elected; the purpose of this provision is to allow any newly elected member of the City Council or a reorganized City Council to observe the actions and ability of the City Manager in the performance of the powers and duties of his office. 2. After the expiration of the 90-day period mentioned in Paragraph 1 of this subsection, the provisions of the preceding subsection as to the removal of the City Manager shall apply and be effective, except where the City Manager is accused of committing acts of moral turpitude or of a violation of any law which would bring disrepute upon his office or has

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committed any acts of dishonesty, the City Council may forthwith discharge the City Manager upon a majority vote of the City Council without a hearing. Prior Code 2-18(B.4); Ord. No. 69-47, Amended 8/18/69; Ord. No. 83-46, Amended 8/22/83)

Section 2.20.070 Compensation - Reimbursement of Expenses

A. The City Manager shall receive such compensation and expense allowance as the City Council shall from time to time determine, and said compensation and expenses shall be a proper charge against such funds of the City as the City Council shall designate. B. The City Manager shall be reimbursed for all sums necessarily incurred or paid by him in the performance of his duties or incurred when traveling on business pertaining to the City under direction of the City Council. Reimbursement shall only be made, however, when an itemized claim, setting forth the sums expended and for which reimbursement is requested, has been presented to the City Council for approval. Prior Code 2-18(B.5); Ord. No. 69-47, Amended 8/18/69; Ord. No. 83-46, Amended 8/22/83)

Section 2.20.080 Vesting of Authority to Appoint the City Clerk

Notwithstanding any other provision of this code to the contrary, pursuant to Section

36510 of the California Government Code, the City Council vests in the City Manager the authority to appoint the City Clerk. Such authority shall be broadly construed to include, with respect to the City Clerk, all the authority granted to the City Manager within this chapter. Prior Code 2-19; Ord. No. 69-47, Amended 8/18/69; Ord. No. 71-29, Amended 10/12/71; Ord. No. 73-47, Amended 11/26/73; Ord. No. 2003-21, Amended, 08/26/03)

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Chapter 2. 22

City Attorney and City Prosecutor

Sections:

2. 22. 010 Office Established
3. 22. 020 Appointment; Qualifications
4. 22. 030 Powers and Duties
5. 22. 040 Records

Section 2. 22. 010 Office Established

and established. The Office of City Attorney City Prosecutor is The City Attorney shall

be the Chief Legal Officer of the City and also serve as the City Prosecutor. The Office of the City Attorney and City Prosecutor shall be an entity separate and distinct from all other offices and departments. The City Attorney shall investigate and enforce City laws and regulations through office hearings and court proceedings, both civil and criminal. The City Attorney shall have the management and control of the Office of City Attorney and City Prosecutor subject to all applicable personnel ordinances, rules and regulations. Ord. No. 2008- 31, Enacted, 12/ 9/ 08)

Section 2. 22. 020 Appointment; Qualifications

The City Attorney shall be appointed by the City Council and shall serve at the Council' s

pleasure. The City Attorney shall be an attorney-at- law duly admitted to practice law in the State of California. Ord. No. 2008- 31, Enacted, 12/ 9/ 08)

Section 2. 22. 030 Powers and Duties

A. City Attorney Generally. In addition to the City Attorney' s general powers as the Chief Legal Officer of the City, and not as a limitation thereon, as the City's civil legal advisor the City Attorney shall: 1. Serve as the Chief Legal Officer of the Community Development Commission, the Buena Sanitation District, and the Vista Joint Powers Financing Authority, as well as the subordinate commissions, boards, committees and advisory bodies of the City of Vista; 2. Appoint and remove all such assistants, deputies and clerical staff as the Council may authorize; 3. Have charge and control of all outside counsel engaged to advise the City Council and any officer or employee in all matters pertaining to their offices or duties, except as otherwise provided by law or legal ethics; 4. Advise the City Council and all City officers and employees in all matters of law pertaining to their offices or duties, or select outside counsel to so advise such persons unless a different selection procedure has been adopted by the City Council; 5. Represent and appear for the City and all City officers and employees and all former City officers or employees in any or all civil actions or proceedings in which the City, or any officer or employee or former officer or employee thereof by reason of an act or omission in the scope of officer' s or employee' s employment is concerned or is a party, or shall select outside counsel to so represent and appear for such persons;

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6. Have charge and control of all civil actions and proceedings in which the

City or any officer or employee, or former officer or employee, is concerned or is a party by reason of an act or omission in the scope of his/ her employment; 7. Approve the form of all bonds given to the City and all specifications, requests for proposals and contracts made by the City; 8. Approve all proposed ordinances and resolutions for the City; 9. Attend all City Council meetings, unless excused by the City Council; 10. Attend such meetings of other boards and commissions of the City as the City Attorney deems appropriate or as the City Council may direct; 11. Perform such other duties relating to the office as shall be required of the City Attorney by law, ordinance, or the City Council; and 12. Perform all responsibilities of the City Attorney in conformity with the California Rules of Professional Conduct. B. City Prosecutor Generally. In addition to the City Prosecutor' s general powers under the laws of the State of California, and not as a limitation thereon, as the City's criminal legal advisor the City Attorney shall: 1. Prosecute all misdemeanor and infraction offenses committed within the City arising out of violations of the laws of the City and provisions of the Charter of the City, and, when authorized by the laws of this State, prosecute misdemeanor offenses committed within the City arising out of violations of the laws of the State of California; 2. Handle all appeals arising as a consequence; 3. Draw complaints for such misdemeanors and infractions and prosecute all recognizances of bail bond forfeitures arising from or resulting from the commission of such offenses; 4. Have the power to issue subpoenas in a like manner as the district attorney under the authority of California Government Code Section 41803. 7; 5. Perform such other duties relating to such office as shall be required by law, ordinance, or the City Council; and 6. Perform all responsibilities of the City Prosecutor in conformity with California Rules of Professional Conduct, a prosecutor' s duty of independence and impartiality, and with unrestricted prosecutorial discretion. Ord. No. 2008- 31, Enacted, 12/ 9/ 08)

Section 2. 22. 040 Records

The City Attorney shall deliver all records, documents and property of every description

belonging to the Office of City Attorney and City Prosecutor or the City to the City Attorney's successor in office. Ord. No. 2008- 31, Enacted, 12/ 9/ 08)

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Chapter 2. 24

Director of Finance

Sections:

2. 24. 010 Office Established - Authority
3. 24. 020 Appointment
4. 24. 030 Qualifications
5. 24. 040 Eligibility
6. 24. 050 Bond Required
7. 24. 060 Compensation
8. 24. 070 Powers and Duties
9. 24. 080 Acting Director Designated

Section 2. 24. 010 Office Established - Authority

The Office of Director of Finance is created and established. The Director of Finance

shall be the Chief Accounting Officer of the City and shall consolidate all accounting matters of the City in this office, as an entirely separate and distinct entity from all other departments. The Director of Finance shall also be the City Treasurer and shall have and exercise all of the powers and duties pertaining to the Office of City Treasurer under the laws of the State and ordinances of the City. Prior Code 10- 1. 11; Ord. No. 69- 52, Added 9/ 2/ 69; Ord. No. 71- 29, Amended 10/ 12/ 71)

Section 2. 24. 020 Appointment

This office shall be appointive. The Director of Finance shall be appointed by the City

Manager and the Director of Finance shall serve at and during the pleasure of the City Manager. Prior Code 10- 1. 11; Ord. No. 69- 52, Added 9/ 2/ 69; Ord. No. 71- 29, Amended 10/ 12/ 71)

Section 2. 24. 030 Qualifications

The Director of Finance shall be qualified by sufficient technical accounting training, skill

and experience to be proficient in the office. The Director of Finance shall also show evidence of his executive ability. Prior Code 10- 1. 11; Ord. No. 69- 52, Added 9/ 2/ 69; Ord. No. 71- 29, Amended 10/ 12/ 71)

Section 2. 24. 040 Eligibility

Residence in the City shall not be deemed a necessary qualification for appointment to

the Office of Director of Finance. Prior Code 10. 1- 12; Ord. No. 69- 52, Added 9/ 2/ 69)

Section 2. 24. 050 Bond Required

The Director of Finance shall furnish a corporate surety bond to be approved by the City

Council, in such sum as may be determined by the City Council and shall be conditioned on the faithful performance of the duties imposed on the Director of Finance as described in this chapter, provided that such bond shall be at least equal to the bond required of the City Clerk

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under provisions of Government Code, Section 36518. The bond fee shall be a proper charge against such funds of the City as the City Council shall designate. Prior Code 10. 1. 13; Ord. No. 69- 52, Added 9/ 2/ 69)

Section 2. 24. 060 Compensation

The Director of Finance shall receive such compensation as the City Council shall from time to time determine and fix by resolution, and the compensation shall be a proper charge against such funds of the City as the City Council shall designate. Prior Code 10. 1. 14; Ord. No. 69- 52, Added 9/ 2/ 69)

Section 2. 24. 070 Powers and Duties

The Director of Finance shall be the City Treasurer and the Chief Accounting Officer for

the City under the direction and control of the City Manager. He shall be responsible for the efficient administration of all the accounting functions for the City. All of the duties, responsibilities and authority imposed upon the City Clerk as Chief Accounting Officer for the City are transferred to and imposed upon the Director of Finance. He shall be responsible for the efficient performance of the duties and responsibilities, namely, he shall: A. Supervise and control all appointed personnel in the Finance Department. B. Be responsible for all accounting functions of the City. C. Have the authority to reassign employees under his supervision, temporarily or permanently, to meet emergencies and volume growth requirements. D. Administer laws and ordinances pertaining to taxes, licenses and permits. E. Cause accounts to be kept of all funds, revenues, receipts, expenditures and financial commitments of the City. F. Apply budgetary control of expenditures in order that they will not exceed either anticipated expenditures or actual receipts. G. Collect and receive all monies of the City and keep proper records therefore. H. Cause the performance of accounting control of storage and issuance of materials and supplies. I. Present to the City Manager an estimate, plan and program of the City's financial activities. J. Be custodian of the City's permanent accounting records. K. Prescribe and control forms and procedures of all other departments which pertain to revenues, receipts or expenditures, in any manner. L. Prepare and issue all warrants. M. Prepare financial statements and statistical reports. N. Prepare estimate of annual revenues and expenditures. O. Perform cost accounting as directed by the City Manager. P. Have the right to audit the accounting functions performed by all other departments and divisions of the City. Q. Perform all of the duties of City Treasurer as specified by the laws of the state and ordinances of the City. R. Perform such other functions as the City Manager may specify or as may be prescribed by action of the Council. Prior Code 10. 1. 15; Ord. No. 69- 52, Added 9/ 2/ 69; Ord. No. 71- 29, Amended 10/ 12/ 71)

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Section 2. 24. 080 Acting Director Designated

Should the Director of Finance be absent or disabled, the City Manager shall designate

an Acting Director of Finance. Prior Code 10. 1. 16; Ord. No. 69- 52, Added 9/ 2/ 69)

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Chapter 2. 28

Traffic Engineer

Sections:

2. 28. 010 Office Established - Authority
3. 28. 020 Powers and Duties - Delegation of Authority

Section 2. 28. 010 Office Established - Authority

established. The Office of City Traffic Engineer is The City Traffic Engineer shall be

appointed by the City Manager and shall perform the duties as provided in this chapter and in the traffic ordinances of this City. Whenever the City Traffic Engineer is required or authorized to place or maintain official traffic control devices or signals, he may cause such devices or signals to be placed or maintained. Prior Code 18- 2; Ord. No. 17- 17, Added 5/ 4/ 70; Ord. No. 72- 12, Amended 4/ 10/ 72)

Section 2. 28. 020 Powers and Duties - Delegation of Authority

A. It shall be the general duty of the City Traffic Engineer to determine the installation and proper timing and maintenance of traffic control devices, to conduct engineering analyses of traffic accidents and to devise remedial measures, to conduct engineering investigation of traffic conditions, to plan the operation of traffic on streets and highways of this City, and to cooperate with other city officials in the development of ways and means to improve traffic conditions, and to carry out the duties imposed by ordinances of this City. B. The City Traffic Engineer shall have design approval authority on all traffic- related projects, plans and specifications, unless directed otherwise by the City Manager or the City Engineer. The City Traffic Engineer shall exercise this authority by ensuring the designs of the traffic-related projects, plans and specifications are reasonable based on the City Traffic Engineer' s experience and training and in accordance with the standards of the industry. The City Traffic Engineer shall record his or her approval by signing the approved plans. The City Traffic Engineer shall exercise this design approval authority prior to advertising a public project for bid, or in the case of public improvements constructed as part of a private development, design approval authority shall be exercised prior to construction of the public improvements. C. The duties of the City Traffic Engineer may be delegated to a person authorized by him or to a deputy, provided the basic authority and responsibility remains with the City Traffic Engineer. Prior Code 18- 3; Ord. No. 17- 17, Added 5/ 4/ 70; Ord. No. 72- 12, Amended 4/ 10/ 72; Ord. No. 2014- 18, Amended 8/ 26/ 14)

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Chapter 2. 30

City Engineer

Sections:

2. 30. 010 Office Established; Qualifications
3. 30. 020 Duties
4. 30. 030 Powers
5. 30. 040 Ownership of Maps, Plans, etc., to Remain in City
6. 30. 050 Responsibility for Maps, Plans; etc., to be Turned Over to Successor
7. 30. 060 Outgoing City Engineer to Receive Duplicate Receipts for Records so Turned Over
8. 30. 070 Private Work by City Engineer

Section 2. 30. 010 Office Established; Qualifications

The Office of City Engineer is established. The City Engineer shall be appointed by the

City Manager. The City Engineer shall be a registered engineer of the state and shall have had actual experience both in professional and in municipal engineering work. Ord. 89- 47, Ord. No. 2008- 29, Enacted, 10/ 28/ 08)

Section 2. 30. 020 Duties

A. Generally. The City Engineer shall do and perform or cause to be done the following engineering work: 1. Surveying and engineering work in all activities of the City. 2. Establish the grades of all public streets, alleys, sewers, and storm drains. 3. Prepare plans, specifications and estimates for all public projects. 4. Organize, direct and coordinate all engineering activities on public projects, and may delegate such responsibility and authority to others. 5. Organize, direct and coordinate stormwater maintenance operations. B. Design approval authority. The City Engineer shall have design approval authority on all public projects, unless directed otherwise by the City Manager. The City Engineer shall exercise the design approval authority prior to advertising the public project for bid or in the case of public improvements constructed as part of a private development, design approval authority shall be exercised prior to construction of the public improvements. City Engineer shall exercise this authority by ensuring the design of the public project is reasonable based on his experience and training and in accordance with the standards of the industry. The City Engineer shall record his approval by signing the approved plans. Ord. No. 2008- 29, Enacted, 10/ 28/ 08)

Section 2. 30. 030 Powers

A. The City Engineer shall possess the powers to make surveys, plats, designs,

reports and certificates as given to him by law of the City, county and state. B. The City Engineer shall have the power to inspect, examine and make standard tests of all public project works performed under the contract by the City. C. The City Engineer shall have the authority to approve all Notices of Completion. Ord. No. 2008- 29, Enacted, 10/ 28/ 08; Ord. No. 2009- 5, Amended, 2/ 24/ 09)

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Section 2. 30. 040 Ownership of Maps, Plans, etc., to Remain in City

All maps, plans, profiles, field notes, estimates, surveys, reports and other professional

work made by the City Engineer or under his direction shall remain the property of the City. Ord. No. 2008- 29, Enacted, 10/ 28/ 08)

Section 2. 30. 050 Responsibility for Maps, Plans, etc., to be Turned Over to Successor

shall be responsible for all maps, plans, profiles, field notes, The City Engineer

estimates, designs, reports and other statistical records of construction, maintenance and operation of all work under his direction while in office, and shall turn over to his successor all works in proper order, condition and fully indexed. Ord. No. 2008- 29, Enacted, 10/ 28/ 08)

Section 2. 30. 060 Outgoing City Engineer to Receive Duplicate Receipts

The retiring City Engineer shall receive duplicate receipts for records, maps, etc., turned

over to his successor pursuant to the preceding section from the City Clerk. Ord. No. 2008- 29, Enacted, 10/ 28/ 08)

Section 2. 30. 070 Private Work by City Engineer

The City Engineer shall devote his entire working time to the City' s service, and shall

undertake no engineering for private parties, without express written approval of the City Manager. Ord. No. 2008- 29, Enacted, 10/ 28/ 08)

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Chapter 2. 32

Conflict of Interest

Sections:

2. 32. 010 Adoption of Conflict of Interest Code
3. 32. 020 Filing Requirements
4. 32. 030 Designated Employees
5. 32. 040 Disclosure Categories
6. 32. 050 Exemptions

Section 2. 32. 010 Adoption of Conflict of Interest Code

Pursuant to the requirements and authority of the Political Reform Act of 1974, California

Government Code Section 81000, et seq., the provisions of Section 18730 of Title 2 of the California Code of Regulations are incorporated herein and adopted by reference as the Conflict of Interest Code of the City of Vista. Prior Code 2- 40; Ord. No. 89- 47, Amended 1/ 8/ 90; Ord. No. 94- 17, Amended, 08/ 09/ 94)

Section 2. 32. 020 Filing Requirements

All persons required to file a financial disclosure statement pursuant to the Conflict of

Interest Code adopted under Section 2. 32.010 above shall file such statements with the City Clerk of the City of Vista at such times and in the manner prescribed by the provisions of the Conflict of Interest Code. Pursuant to Section 87500 of the Government Code, the City Clerk shall make and retain a copy and forward the original of the financial disclosure statements of the Mayor, City Council Members, Candidates for Mayor or for City Council Member, City Manager, City Attorney, Members of the Planning Commission, and City Treasurer, to the Fair Political Practices Commission. The City Clerk shall retain the originals of financial disclosure statements of other public officials who manage public investments and all other financial disclosure statements filed pursuant to this chapter. Prior Code 2- 41; Ord. No. 89- 47, Amended 1/ 8/ 90; Ord. No. 94- 17, Amended, 08/ 09/ 94; Ord. No. 96- 14, Amended, 07/ 23/ 96; Ord. No. 98- 9, Amended, 10/ 13/ 98)

Section 2. 32. 030 Designated Employees

A. From time to time, and not later than July 1 of each even- numbered year in

accordance with Section 87306. 5 of the Political Reform Act of 1974, the City Council shall direct the City Manager to review the Conflict of Interest Code and to submit any changes required to the code in accordance with Sections 87302 and 87303 of the Act. Upon receiving the results of such review, the City Council may adopt any changes required to the Conflict of Interest Code by ordinance, or may establish or amend the listing of designated employees who are subject to the requirements of this chapter by resolution, each approved in the manner provided for under law. The persons holding the positions enumerated in the list of designated employees adopted by resolution are " designated employees" within the meaning of the Conflict of Interest Code adopted pursuant to this chapter, and shall file disclosure statements for each of the disclosure categories as defined in Section 2. 32. 040 below. B. In addition to those persons holding the positions enumerated in the resolution adopted by the City Council pursuant to Subdivision A of this section, every consultant employed by the City, the Community Development Commission, the Vista Joint Powers

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Financing Authority, the Industrial Development Authority, or any other City agency, is a designated employee for purposes of this chapter and shall be required as a condition of employment to file a financial disclosure statement under the broadest disclosure category, except as follows: upon petition, the City Manager may determine in writing that the scope of services to be provided by any consultant or the level of participation in any decision is necessarily limited and that such consultant is not subject to the requirements of the City's Conflict of Interest Code, or the disclosure category for such consultant shall be a narrower category. The City Manager's written determination shall include a description of the consultant' s duties and, based upon that description, a statement of the basis for finding an exemption or such narrower disclosure category. The written determination of the City Manager is public record and shall be filed in the Office of the City Clerk in the same manner as required for financial disclosure statements. Prior Code 2- 42; Ord. No. 89- 47, Amended 1/ 8/ 90; Ord. No. 94- 17, Amended, 08/ 09/ 94; Ord. No. 96- 14, Amended, 07/ 23/ 96)

Section 2. 32. 040 Disclosure Categories

As used in Section 2. 32. 020, disclosure categories are as follows:
Category 1: Investments and business positions in business entities and sources of

income. Category 2: Interests in real property. Category 3: Investments and business positions in business entities, interests in real property, and sources of income subject to the regulatory, permit or licensing authority of the department, board, commission, or City agency. Category 4: Investments and business positions in business entities, and sources of income which engage in land development, construction, acquisition or sale of real property. Category 5: Investments and business positions in business entities, and sources of income of the type which, within the past two years, have contracted with the designee employee' s department or board or commission, to provide services, supplies, materials,

machinery or equipment. Category 6: Investments and business positions in business entities, and sources of income of the type which, within the past two years, have contracted with the City, or a City agency, to provide services, supplies, materials, machinery or equipment. Prior Code 2- 43; Ord. No. 89- 47, Amended 1/ 8/ 90; Ord. No. 96- 14, Amended, 07/ 23/ 96)

Section 2. 32. 050 Exemptions

A. Pursuant to Section 87100. 1 of the Political Reform Act of 1974, a registered professional engineer or a licensed land surveyor who renders professional services as a consultant, either directly or through a firm in which he or she is employed or is a principal, is not required to file a financial disclosure statement under this chapter where the consultant renders professional engineering or land surveying services independently of the control and direction of the City and does not exercise public agency decision making authority as a contract City Engineer or surveyor pursuant to Sections 6703 or 8703 of the Business and Professions Code. However, this exemption shall not apply to that portion of the work performed by any registered professional engineer or licensed land surveyor in connection with any recommendation of the formula to spread costs of an assessment district if: 1. The engineer has received income of $ 250. 00 or more for such professional services within 12 months prior to the creation of an assessment district; and 2. The district includes other parcels in addition to those parcels for which the engineer received the income. The recommendation of the actual formula for spreading an

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assessment does not include preliminary site studies, preliminary engineering plans, specifications, estimates, compliance with environmental laws and regulations, or the collection of data and information utilized in applying the formula. B. Notwithstanding any other provisions of this code, designated youth representatives appointed by the City Council to any City commission or committee shall be statements.exempt from any requirement for filing financial disclosure In appointing youth representatives to various City commissions, it is the express purpose and intent of the City Council to provide opportunities for participation in local government and educational experience for young people of the community. Such youth representatives shall not be considered as designated employees for the purposes of the Political Reform Act of 1974, or of this chapter. Ord. No. 94- 17, Enacted, 08/ 09/ 94)

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Chapter 2. 33

Good Government Requirements

Sections:

2. 33. 010 Purpose and Intent
3. 33. 020 Short Title
4. 33. 030 Definitions
5. 33. 040 Restrictions on Public Officials Accepting Gifts
6. 33. 050 Prohibition on Presenting or Receiving Gifts from Parties Having an Interest in Decisions or Actions of City of Vista
7. 33. 060 Prohibition on Public Officials Receiving Honoraria
8. 33. 070 Restrictions on Former Public Officials Accepting Employment
9. 33. 080 Prohibition on Use of Position to Influence City Decisions
10. 33. 090 Amendments
11. 33. 100 Rules of Construction; Severability

Section 2. 33. 010 Purpose and Intent

The purpose of the provisions of this chapter are to assure ethical conduct by the

elected and appointed officials of the City, to promote fairness and equal treatment for all persons by the City of Vista, regardless of wealth or economic status, and to prevent actual or apparent corruption of the governmental process of the City through the influence of gifts, contributions or payments of any kind. The intent of this chapter is to establish minimum standards and requirements for ethical conduct by the City' s elected and appointed officials, and to provide a means for the City to enforce such standards and requirements. Ord. No. 2000- 9, Added, 11/ 7/ 2000 Election)

Section 2. 33. 020 Short Title

This chapter may be cited as the " Good Government Ordinance of the City of Vista."

Ord. No. 2000- 9, Added, 11/ 7/ 2000 Election)

Section 2. 33. 030 Definitions

Except as otherwise set forth below, or elsewhere in this chapter, the words and terms

used in this chapter shall have the same meanings, and be defined as closely as possible with reference to the City of Vista, as the meanings of such words and terms are given under the Political Reform Act. City" means the City of Vista, a municipal corporation organized and existing under the general laws of the State of California, and also includes all other public entities of the City in which the City Council of the City serves as governing board. Council Member" means an individual who has been elected to the Office of Council Member, or to the Office of Mayor, of the City of Vista. Council Candidate" means an individual who has filed a declaration of candidacy for, or a statement of organization as a committee for election to, the Office of Mayor, or Council Member, whichever occurs first. Appointed Official" means any appointed member of any City commission, board, or committee, or any employee of the City who is a " designated employee" under the City' s Conflict of Interest Code.

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Conflict of Interest Code" means the Conflict of Interest Code of the City of Vista, as amended, in Chapter 2. 32 of the Vista Municipal Code. FPPC" means the California Fair Political Practices Commission, established pursuant to the Political Reform Act. Legislative or Administrative Action" shall mean any decision or action taken by the City Council, or any City commission, board or committee, or any decision or action by an appointed official. Political Reform Act" shall mean the Political Reform Act of 1974, found in Title 9 of the California Government Code, as amended, inclusive of all rules, regulations and interpretations applicable to said Title 9, approved or adopted by the FPPC. Ord. No. 2000- 9, Added, 11/ 7/ 2000 Election)

Section 2. 33. 040 Restrictions on Public Officials Accepting Gifts

A. It is prohibited and unlawful for any Council Member or any appointed official, to

accept gifts from any single source or person within any calendar year with a total aggregate value of more than $ 300, or any individual gift with a total value of more than $ 100. B. The limitations on the value of gifts imposed under Subdivision A of this section shall be adjusted by the City Council to reflect changes in the Consumer Price Index, rounded to the nearest ten dollars, on or following January 1 of the year 2001 and on every odd- numbered year thereafter, provided that such adjustments shall not exceed the limit on the amount of gifts permitted under the Political Reform Act. Ord. No. 2000- 9, Added, 11/ 7/ 2000 Election)

Section 2. 33. 050 Prohibition on Presenting or Receiving Gifts from Parties Having an Interest in Decisions or Actions of City

A. It is prohibited and unlawful for any person to present to any Council Member or to any appointed official, and it is also prohibited and unlawful for any Council Member or appointed official to receive from any such person, any gift having a value of more than $ 50, if the donor or presenter of the gift has any economic or financial interest in any of the following: 1. A contract or agreement, including any purchase order, franchise, or license, to provide goods, materials, equipment, or services to or for the City, or affecting any property of the City, while the offer of such contract or agreement is pending before the City, or while such contract or agreement remains in effect; 2. Any real property, including improvements, that is the subject of an application for any land use approval, including any zoning change, use permit, variance, or other entitlement, after such application has been submitted and while such application remains pending before the City; 3. Any lease, purchase or sale agreement affecting real property, to or from the City, that has been presented to the City, or which is pending, or which remains in effect; or 4. Any request or appeal to reduce any tax, assessment, charge, or fee made to the City, while such request or appeal is pending. B. If a Council Member or appointed official receives a gift without knowing that the gift was presented in violation of Subdivision A of this section, the Council Member or appointed official shall not be in violation of Subdivision A of this section if, within five days of having discovered that the gift was received in violation of this section, the Council Member or appointed official: ( 1) files a written report with the City Clerk that such gift was received, and 2) relinquishes such gift, or pays the equivalent fair value, to the City for appropriate disposition or deposit to the City' s General Fund. The report filed with the City Clerk shall identify the name and address of each person presenting the gift, the circumstances in which the gift was

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presented, a full description of the gift, and its actual or estimated fair value, including copies of any available evidence of such value. C. A Council Member or appointed official shall disclose in writing to the City Clerk, on a form substantially the same as that required for filing a Statement of Economic Interests required under the Political Reform Act, any gift or gifts received from any person described in Subdivision A, above, if the fair value of the gift is $ 25 or more. Such disclosure shall be filed no later than the seventh day of the month following the calendar month in which the gift was received. Ord. No. 2000- 9, Added, 11/ 7/ 2000 Election)

Section 2. 33. 060 Prohibition on Public Officials Receiving Honoraria

A. No Council Member and no Council candidate shall accept any honorarium.
B. No appointed official shall accept an honorarium from any source if the

appointed official would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. C. The provisions of Section 89506 of the Political Reform Act, as amended, shall apply to the application of this chapter, and to all payments, advances or reimbursements for travel and related lodging and subsistence. Ord. No. 2000- 9, Added, 11/ 7/ 2000 Election)

Section 2. 33. 070 Restrictions on Former Public Officials Accepting Employment

A. Former Council Members. For a period of one year after leaving office, no Council Member shall, for compensation, act as agent or attorney for, or otherwise represent, any other person by making any formal or informal appearance, or by making any oral or written communication, before the City Council or any board, commission, committee or subcommittee of the City, or any officer or employee of the City, if the appearance or communication is made for the purpose of influencing any decision of the City Council or any administrative action of the City. For purposes of this section, an administrative action of the City shall include the issuance, amendment, award or revocation of a permit, license, grant, or contract, or the sale or purchase of goods or services, or sale or leasing of any interest in real property. B. Former Appointed Officials. For a period of one year after leaving office or employment, no appointed official shall, for compensation, act as agent or attorney for, or otherwise represent, any other person, by making any formal or informal appearance, or by making any oral or written communication, before the City Council or any board, commission, committee or subcommittee of the City, or any officer or employee of the City for which the appointed official had worked, represented, appeared before, or was a member of, during the 12 months before leaving office or employment, if the appearance or communication is made for the purpose of influencing any decision of the City Council, or any administrative action, as defined in Subdivision A of the section. C. Exceptions. The prohibitions of this section shall not apply to any individual who is or becomes a member or representative of another City board, commission, committee, assigned to a different department, if thesubcommittee, or an employee of the City communication or appearance is for the purpose of influencing a decision of the City Council or an administrative action, on behalf of the City board, commission, committee, subcommittee, or department. Ord. No. 2000- 9, Added, 11/ 7/ 2000 Election)

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Section 2. 33. 080 Prohibition on Use of Position to Influence City Decisions

No Council Member or appointed official shall make, participate in making, or use his or

her official position to influence, any governmental decision directly relating to any person with whom he or she is negotiating, or has any arrangement concerning a current, future, or prospective employment. Ord. No. 2000- 9, Added, 11/ 7/ 2000 Election)

Section 2. 33. 090 Amendments

The provisions of this chapter may be repealed only by approval of the voters of the City at an election. The provisions of this chapter may be amended upon adoption of an ordinance by the City Council only for the purpose of conforming any of the provisions of this chapter with State Law or with the Political Reform Act, repairing any constitutional infirmity, or adopting additional standards and regulations for ethical conduct of City elected and appointed officials, consistent with the purposes of this chapter. Ord. No. 2000- 9, Added, 11/ 7/ 2000 Election)

Section 2. 33. 100 Rules of Construction; Severability

The provisions of this chapter shall be interpreted in the broadest possible manner,

consistent with the Constitutions of the United States and the State of California and with existing laws and statutes, in particular the provisions of the Political Reform Act, as amended, to accomplish the purposes and intent of this chapter. If any portion or provision of this chapter is found by any court for any reason to be invalid, then all remaining portions and provisions of this chapter that are not found to be invalid shall remain in full force and effect, and the remaining portions and provisions shall be interpreted as if this chapter were enacted originally without including the invalid portions or provisions. Ord. No. 2000- 9, Added, 11/ 7/ 2000 Election)

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Chapter 2. 34

Fair Elections and Campaign Financing

Sections:

2. 34. 010 Purpose and Intent
3. 34. 020 Short Title
4. 34. 030 Definitions
5. 34. 040 Application
6. 34. 050 Rules of Construction; Severability
7. 34. 060 Limits and Prohibitions on Campaign Contributions
8. 34. 070 Limits and Disclosure of Loans to Candidates and Committees
9. 34. 080 Organization of Committees; Campaign Statements
10. 34. 090 Campaign Statements - Supplemental Filing Requirements and Schedule
11. 34. 100 Election Campaign Accounts
12. 34. 110 Petty Cash Disbursements
13. 34. 120 Additional Required Records
14. 34. 130 Return of Prohibited Contributions
15. 34. 140 Independent Campaign Expenditures Disclosure
16. 34. 150 Enforcement; Complaints; Investigations and Legal Actions; Compliance
17. 34. 160 Penalties
18. 34. 170 Amendments

Section 2. 34. 010 Purpose and Intent

The people of the City of Vista expect and are entitled to receive honest and fair representation from their elected representatives and the opportunity to elect City officials free from undue influence by special interest groups and campaign contributors. The purpose of this chapter is to prevent actual or potential corruption in City government by placing realistic and enforceable limits on campaign contributions to candidates for election to the offices of Mayor or City Council Member; and by requiring candidates for such offices to disclose the sources of their campaign funding. Ord. No. 2000- 9, Added, 11/ 7/ 2000 Election)

Section 2. 34. 020 Short Title

This chapter shall be known as the " Fair Elections and Campaign Financing" ordinance.

Ord. No. 2000- 9, Added, 11/ 7/ 2000 Election)

Section 2. 34. 030 Definitions

Except as otherwise set forth below, or elsewhere in this chapter, the words and terms

used in this chapter shall have the same meanings, and be defined as closely as possible with respect to the City of Vista, as the meanings of such words and terms are given under the Political Reform Act.

Anonymous Contribution" means any campaign contribution to a candidate or

committee for purposes of supporting or opposing the election of a candidate to any City Office for which either the contributor is unknown to the candidate or committee, or who refuses to be identified.

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City" means the City of Vista, a municipal corporation organized and existing under the general laws of the State of California, and also includes all other public entities of the City in which the City Council of the City serves as governing board. City Office" means the offices of Mayor or Council Member of the City of Vista. Committee" shall have the same meaning as set forth in Government Code Section 82013, but only with respect to the purpose of supporting or opposing the election of any candidate for City Office, except that the dollar limits expressed in Section 82013 are reduced to 300 or more. Contribution" shall have the same meaning as set forth in Government Code Section 82015( f), but with respect to an election for City Office, except that the exclusion set forth in Section 82015(f) for costs of a meeting or fund- raising event in the home or office of the occupant shall be reduced to $ 150 or less. Controlled Committee" shall have the same meaning as set forth in Government Code Section 82016, but with respect to a committee organized for the purpose of supporting any candidate for election to a City Office. Council Member" means an individual who has been elected either to the Office of Council Member or to the Office of Mayor of the City of Vista. Candidate" means an individual who has filed either a declaration of candidacy for, or a statement of organization as a committee for, election or re-election to a City Office. Election" means any election held for the purpose of filling a vacancy in the Office of Mayor or Council Member of the City of Vista. FPPC" means the California Fair Political Practices Commission, established pursuant to the Political Reform Act. Independent Committee" means a committee that is neither controlled by a candidate, nor which coordinates its expenditures with the expenditures of any candidate or a candidate' s controlled committee, and which receives contributions or makes expenditures for the purpose of supporting or opposing any candidate for City Office. Individual" means a single human being. Maximum Allowed Contribution" shall mean the value of the aggregate limit of gifts that may be received from any individual source or person under Subdivision A of Section 2. 33. 040 of this Title 2, as that value may be adjusted from time to time pursuant to Subdivision B of Section 2. 33. 040. As of the effective date of this section, the maximum allowed contribution is $ 300. Person" means any individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, limited liability company, corporation, association, committee, and any other organization or group of persons acting in concert. Political Reform Act" shall mean the Political Reform Act of 1974, found in Title 9 of the California Government Code, as amended, inclusive of all rules, regulations and interpretations applicable to said Title 9, approved or adopted by the FPPC. Ord. No. 2000- 9, Added, 11/ 7/ 2000 Election)

Section 2. 34. 040 Application

The provisions of this chapter shall apply only to campaigns for or against the election of

any candidate to a City Office, and shall not apply to elections concerning any measure, initiative, referendum, or recall. Ord. No. 2000- 9, Added, 11/ 7/ 2000 Election)

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Section 2. 34. 050 Rules of Construction; Severability

The provisions of this chapter shall be interpreted in the broadest possible manner,

consistent with the Constitutions of the United States and the State of California and with existing laws and statutes, in particular the provisions of the Political Reform Act, as amended, to accomplish the purposes and intent of this chapter. If any part of this chapter is found by any court for any reason to be invalid, then all remaining parts of this chapter that are not found to be invalid shall remain in full force and effect, and the remaining parts shall be interpreted as if this chapter were enacted originally without including invalid parts. Ord. No. 2000- 9, Added, 11/ 7/ 2000 Election)

Section 2. 34. 060 Limits and Prohibitions on Campaign Contributions

A. Limits on Campaign Contributions to Candidates and Controlled Committees. No person, other than the candidate, shall make, nor shall a campaign treasurer solicit or accept from any person, any contribution which will cause the total amount contributed by that person to the election campaign of any candidate for City Office to exceed the maximum allowed contribution in any election. This campaign contribution limit shall apply to the total of all contributions made by any person other than the candidate, collectively to the candidate and to any of the candidate' s controlled committees, except for any controlled committees organized solely for the purpose of campaigning for or against any measure, initiative, referendum or recall. B. Limits on Anonymous Campaign Contributions. No candidate or committee shall accept anonymous contributions in a total aggregate amount exceeding the maximum allowed contribution for any single election. Nor shall any candidate or committee expend or use anonymous contributions received in a total aggregate amount exceeding the maximum allowed contribution. To the extent that the aggregate total amount of anonymous contributions received by any candidate or controlled committee for any election exceeds the maximum allowed contribution, the excess amount shall be paid promptly, from available campaign funds, if any, to the City Treasurer for deposit in the General Fund of the City, unless required by law to be paid to the Secretary of State. C. Prohibition of" Laundered" Campaign Contributions. No candidate, committee, or campaign treasurer shall accept any campaign contribution made directly or indirectly, by any person in a name other than the name by which the contributor is known and identified for legal purposes, or in the name of any different person, or combination of persons, other than the name of the actual contributor. No person shall, in his, her or its own name, make a contribution of any thing of value belonging to another person, or that was received from another person on the condition that it be used as a campaign contribution. Such practices are commonly known as " laundering" campaign contributions. Upon discovery by any candidate, committee, or campaign treasurer of the receipt of any such " laundered" campaign contributions in violation of this subdivision, the candidate, committee or campaign treasurer shall promptly pay to the City Treasurer for deposit to the City's General Fund, from any of the candidate' s or committee's available campaign funds, the amount of such " laundered" campaign contributions received in violation of this subdivision. Ord. No. 2000- 9, Added, 11/ 7/ 2000 Election)

Section 2. 34. 070 Limits and Disclosure of Loans to Candidates and Committees

A. Limits on Amount of Loans to Candidates and Committees. Subject to the

exceptions listed below, a candidate or a committee shall not obtain a loan in excess of the

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monetary limits set forth in Subdivision A of Section 2. 34. 060 from any person, for the purpose of supporting or opposing a candidate for election to any City Office. The limitation on the amount of a campaign loan shall not apply to any loan by a candidate made for the sole purpose of financing the candidate' s own campaign for election to City Office. B. Disclosure of Permitted Loans. If a candidate or committee obtains a loan in compliance with Subdivision A above, the candidate or committee shall comply with all of the following requirements: 1. The loan shall be evidenced by a written agreement which sets forth the lender, loan amount, funding source if different from the lender, interest rate, repayment terms, collateral pledged, and records of all repayments made on the loan, including legible photocopies of any canceled checks, and any other terms or conditions of the loan. 2. The candidate or committee shall file a copy of the written agreement required under Subparagraph 1 above with the City Clerk within five calendar days of the execution of the written agreement or the receipt of the loan proceeds, whichever occurs first. 3. The candidate or treasurer of the committee receiving the loan shall execute and deliver a promissory note for the amount borrowed, and the note shall include a specific repayment schedule, shall set forth all other terms and conditions of the loan, including the interest rate, and the terms and conditions of the loan shall not be substantially or materially different from the terms and conditions of commercial loans generally made available to the general public. 4. A loan shall not be secured by any assets, other than personal assets of the candidate, or joint or community property assets of the candidate and the candidate' s spouse, except that other persons may pledge assets for the repayment of the loan in amounts not exceeding the campaign contribution limits imposed under Subdivision A of Section 2. 34.060, and any such pledge shall be deemed a campaign contribution for purposes of this chapter. 5. The candidate or committee shall maintain copies of all loan documents and make legible copies available for inspections in the manner provided in Section 2. 34. 110. Ord. No. 2000- 9, Added, 11/ 7/ 2000 Election)

Section 2. 34. 080 Organization of Committees; Campaign Statements

Any committee that either receives or expends an amount greater than the maximum allowed contribution in support of or opposition to any candidate for City Office shall file with the City Clerk a statement of organization in substantially the same form required by the Political Reform Act for such purposes not later than ten days following the opening of the election campaign account. The committee shall identify whether it is a controlled committee or an independent committee. Ord. No. 2000- 9, Added, 11/ 7/ 2000 Election)

Section 2. 34. 090 Campaign Statements-Supplemental Filing Requirements and Schedule

A. Supplemental Filing Requirement. In addition to the requirements for filing

campaign statements imposed by the Political Reform Act, every candidate for election, and every committee supporting or opposing a candidate for election, as defined in Section 2. 34. 030 of this chapter, shall file campaign disclosure statements with the City Clerk, in substantially the same form as required by Section 84211 ( Campaign Disclosure Statement) whenever campaign contributions received, or campaign expenditures of$ 300 or more, are received or expended. B. Supplemental Filing Schedule. In addition to the requirements for filing campaign statements imposed by the Political Reform Act, every candidate for election, and every

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committee, shall file pre- election campaign statements with the City Clerk on the 20th and 6th days prior to the election date. Ord. No. 2000- 9, Added, 11/ 7/ 2000 Election)

Section 2. 34. 100 Election Campaign Accounts

A. Election Campaign Account Required. Every candidate and every committee receiving contributions in an amount equal to or greater than the maximum allowed contribution in support of or opposition to the election of any candidate for City Office shall establish a single election campaign account for the election campaign with a bank or other financial institution providing checking account services and having an office located in the City of Vista. Notwithstanding the preceding sentence, a candidate and the candidate's controlled committee formed solely for the purpose of supporting that candidate for election to any City Office may establish and maintain a single joint checking account for both the candidate and the committee. Within 24 hours after opening an election campaign account, the candidate or the treasurer of the committee shall file with the City Clerk, in writing or on forms provided by the City Clerk, the name of the bank or financial institution and the number of the election campaign account. B. Deposit of Campaign Contributions. Upon opening an election campaign account, all contributions accepted by a candidate, committee, or campaign treasurer shall be deposited by the candidate, committee or campaign treasurer in the candidate' s or committee' s election campaign account within five business days. No contribution shall be deposited to an election campaign account without the candidate or committee treasurer having received, with respect to that contribution, all of the information identified under Government Code Section 84211 pertaining to campaign contributions. Any contribution not deposited within five business days shall be returned to the contributor as soon as possible after the fifth business day, but no later then ten business days after receipt of the contribution. C. Election Campaign Expenditures. Every election campaign expenditure made following the opening of an election campaign account shall be made only upon a check drawn on the election campaign account and signed by the candidate or campaign treasurer, or an authorized agent of the candidate or campaign treasurer. For purposes of this section, an expenditure shall be deemed made by a check drawn against the election campaign account if:

1. the maker of the expenditure is reimbursed by a check drawn on the account, and ( 2) the expenditure is reported as a campaign expenditure within the time required for filing of campaign statements. Each candidate, campaign treasurer, or committee shall maintain a written record of the payee of each check drawn on a campaign contribution checking account and an itemized record of the goods or services for which each check is issued. Funds held in the election campaign account shall be deemed to be held in trust, and shall not be considered for any purposes to be the personal funds of a candidate, campaign treasurer, committee, or other person. D. City Clerk' s Access to Records. The City Clerk shall have full access during normal business hours to the bank' s or financial institution' s records concerning any election campaign account established pursuant to this chapter. E. Retention of Records. The candidate, committee, or authorized agent, shall

retain, for a minimum period of four years following the election, all records of campaign contributions received and expenditures made in connection with campaigns in support of or opposition to candidates for election to any City Office. F. Segregation of Funds and Records by Committees. Each committee required by this chapter to open an election campaign account, and which also engages in campaign activity in elections other than the election of City Officers, shall physically segregate the funds

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received from, and shall maintain separate records of, all contributions and campaign expenditures received or made in connection with the campaign for or against the election of any candidate for City Office. Ord. No. 2000- 9, Added, 11/ 7/ 2000 Election)

Section 2. 34. 110 Petty Cash Disbursements

Notwithstanding the provisions of Section 2. 34.090, the candidate or campaign treasurer

or other designated agents authorized to issue checks on an election campaign account may disburse to the candidate or committee establishing the checking account an amount not greater than $ 20 per week to be used for petty cash purposes by the candidate or committee. An amount not greater than $ 40 per week may be disbursed to a candidate and committee jointly establishing an election campaign account to be used for petty cash purposes. Ord. No. 2000- 9, Added, 11/ 7/ 2000 Election)

Section 2. 34. 120 Additional Required Records

A. Records Required to be Maintained. In addition to any other requirements for

keeping of campaign records by candidates or committees, every candidate and committee establishing an election campaign account pursuant to this chapter shall maintain records, for a minimum period of four years from the date of the election, of all of the following: 1. Any contribution offered to and refused in whole or part by the candidate or committee; 2. Any contribution received by the candidate or committee and returned in whole or in part to the contributor; 3. Any contribution received by the candidate or committee and deposited in whole or in part into the election campaign account; and 4. Any disbursements made from the election campaign account. B. Contents of Records. The records required to be maintained by Subdivision A above shall include, without limitation, all of the following information: 1. The name and address of each contributor; 2. The amount of each contribution, and the date on which it was received

or offered; 3. A legible photocopy of the check for every contribution made by check; 4. A legible copy of the bank deposit slip depositing the contribution into the election campaign account for every contribution made in cash; 5. Legible photocopies of the originals of all bank records of the election

campaign account; 6. A statement disclosing the source of funds for every contribution made by the candidate for personal funds; 7. For every non- monetary contribution, a description of the thing or services contributed and a reasonable good- faith estimate of the value of the contribution; and 8. For each disbursement by check made from an election campaign account, the canceled check, or a legible photocopy, the bank statement showing the disbursement, the name of the payee, a record of the goods and services for which the disbursement was made, and a legible photocopy or original of the invoice, statement or bill received from the payee. C. Presentation of Records for Inspection. Each candidate or committee shall deliver to, or make available upon demand by, any public officer having authority to enforce this chapter: ( 1) a written authorization permitting the officer to have access to all records pertaining

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to an election campaign account; and ( 2) all records required by this chapter to be maintained by the candidate or committee. Ord. No. 2000- 9, Added, 11/ 7/ 2000 Election)

Section 2. 34. 130 Return of Prohibited Contributions

A. Rejection of Any Offer. Any campaign contribution offered to a candidate or committee in violation of this chapter shall be rejected by the candidate or committee to whom it is offered. B. Return of Contributions Received. If a candidate, committee or campaign treasurer discovers after having received a campaign contribution that the contribution is in violation of this chapter, the candidate, committee or campaign treasurer shall not be in violation of this chapter if the candidate, committee or campaign treasurer: ( 1) does not deposit the contribution into the election campaign account; and ( 2) returns the contribution within five calendar days of the date the contribution was received. C. Reporting Contributions Deposited to Election Campaign Account. If a candidate, committee or campaign treasurer discovers that a contribution has been received and deposited into the election campaign account, in violation of any provision of this chapter, the candidate, committee or campaign treasurer shall not be in violation of this chapter if the candidate, committee or campaign treasurer complies with both conditions ( 1) and ( 2) below: 1. The candidate, committee or campaign treasurer discovering the violation files a written statement of the violation with the City Clerk within five calendar days of having discovered the violation. The written statement shall include all pertinent facts known about the contribution, along with the following information: a. If the contribution was made by check, draft, or other instrument, a legible copy of the check, draft or instrument by which the contribution was made; b. If made in cash, the amount of contribution and a legible photocopy of the bank deposit slip by which the contribution was deposited to the election campaign account;

C. If made by wire or electronic transfer, a photocopy of the record of

the transfer; and d. The method by which the contribution was delivered to the candidate, committee or campaign treasurer ( e. g. by personal delivery, U. S. Postal System private courier or messenger, etc.).delivery, If delivered in person by the contributor or contributor' s agent, the statement shall include the name, address and phone number of the

contributor or agent. 2. The written statement to the City Clerk shall be accompanied by a check drawn on the election campaign account in an amount equal to the amount of the contribution deposited in violation of this chapter, and the amount shall be donated to the General Fund of the City. Ord. No. 2000- 9, Added, 11/ 7/ 2000 Election)

Section 2. 34. 140 Independent Campaign Expenditures Disclosure

If an independent person or organization makes expenditures supporting or opposing

any candidate for election to City Office, and if such expenditures, or any portion of them, would otherwise be subject to the provisions of this chapter if made by a candidate or committee, the independent person or organization shall indicate legibly, clearly and prominently on the face of all campaign material published or displayed, or at the beginning and end of any campaign broadcast, that the material has not been paid for or authorized by any candidate or committee. For purposes of this section an " independent person or organization" means any person, group

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or association, or any combination thereof, not subject to the control of a candidate or committee. Ord. No. 2000- 9, Added, 11/ 7/ 2000 Election)

Section 2. 34. 150 Enforcement; Complaints; Investigations and Legal Actions; Compliance

A. Enforcement. The Enforcement Authority shall enforce the provisions of this ordinance. For purposes of this chapter, the Enforcement Authority shall be the City Attorney, or any person designated by the City Council to act as the Enforcement Authority. B. Complaints. Any person who has reason to believe that a violation of any provision of this chapter has occurred may file a written statement of such belief with the Enforcement Authority. Upon a determination by the Enforcement Authority that there exist sufficient grounds to support a reasonable belief that a violation of this chapter has occurred, the Enforcement Authority shall make an investigation. If the Enforcement Authority has reason to believe that a willful violation of this chapter has occurred, or is about to occur, the Enforcement Authority may institute legal action to prevent further violations. C. Investigation and Legal Action. The Enforcement Authority shall have such powers and authorities as may be necessary and proper to perform investigations authorized under this chapter, and may demand and be furnished with records of campaign contributions and expenses from candidates, committees or campaign treasurers at any time. The Enforcement Authority shall have the power and authority to bring any legal action deemed necessary and appropriate, whether criminal or civil in nature, to enforce the provisions of this chapter. D. Determining Compliance. The Enforcement Authority shall determine whether required statements and declarations have been filed as required by this chapter and, if so, whether they conform with the requirements of this chapter. Ord. No. 2000- 9, Added, 11/ 7/ 2000 Election)

Section 2. 34. 160 Penalties

A. Misdemeanor. Any person who has violated any of the provisions of this chapter,

or any person who has counseled, aided, abetted, advised, or participated in any violation of this chapter, is guilty of a misdemeanor, subject to the penalties set forth in Section 1. 16. 010. D of this Municipal Code. B. Forfeiture. In addition to any other penalty under this Municipal Code, any person having been convicted of violating Section 2. 34.060 of this chapter shall be required to forfeit the amount received in violation of such section and to pay over that amount to the City Treasurer for deposit to the General Fund of the City. C. Tolling of Statutes of Limitations. Any limitation of time prescribed by law within which prosecution of a violation of this chapter must commence shall begin to run upon the date of discovery of the violation. Ord. No. 2000- 9, Added, 11/ 7/ 2000 Election)

Section 2. 34. 170 Amendments

The provisions of this chapter may be repealed only by approval of the voters of the City at an election. The provisions of this chapter may be amended upon adoption of an ordinance by the City Council only for the purpose of conforming any of the provisions of this chapter with

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State law or with the Political Reform Act, repairing any constitutional infirmity, or adopting additional standards and regulations for fair elections and campaign financing of candidates to City Offices, consistent with the purposes of this chapter. Ord. No. 2000- 9, Added, 11/ 7/ 2000 Election)

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Chapter 2. 36

Fire Department

Sections:

2. 36. 010 Established - Composition
3. 36. 020 Powers and Duties
4. 36. 030 Members Subject to City Employee Rules
5. 36. 040 Rules and Regulations

Section 2. 36. 010 Established - Composition

There is established in the City a Fire Department, the purpose of which shall be the

prevention and supervision of fires and protection of life and property, to consist of a Fire Chief and as many officers and firemen as may be deemed necessary by the City Manager from time to time, for the effective operation of the Fire Department. Prior Code 11- 11; Ord. No. 64. 29, Added 7/ 14/ 64)

Section 2. 36. 020 Powers and Duties

The Fire Department shall prevent and suppress the fires and shall provide protection of

life and property within the Vista Fire Protection District in accordance with that certain joint powers agreement executed between the City and the Vista Fire Protection District. Prior Code 11- 12; Ord. No. 64. 29, Added 7/ 14/ 64)

Section 2. 36. 030 Members Subject to City Employee Rules

All employees of the Fire Department, including the Fire Chief, are employees of the City

and shall be subject to the salary schedule and the rules and regulations governing the employees of the City. Prior Code 11- 13; Ord. No. 64. 29, Added 7/ 14/ 64)

Section 2. 36. 040 Rules and Regulations

All regular members and all subordinate firefighters of the Fire Department shall be

subject to and shall obey the orders and directions of the Fire Chief and shall obey all rules and regulations for the Fire Department as may, from time to time, be prescribed by the City Manager. Prior Code 11- 14; Ord. No. 64. 29, Added 7/ 14/ 64; Ord. No. 93- 14, Amended, 05/ 25/ 93)

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Chapter 2. 40

Department of Recreation and Community Services

Sections:

2. 40. 010 Established
3. 40. 020 Powers and Duties
4. 40. 030 Director - Appointment
5. 40. 040 Director - Powers and Duties
6. 40. 050 Annual Budget - Fund Established
7. 40. 060 Recreational Facilities - Conduct of Activities and Events
8. 40. 070 Recreational Facilities - Hours, Fees and Regulations
9. 40. 080 Armory and Adjacent Areas
10. 40. 090 Construction and Use of Structures

Section 2. 40. 010 Established

The Department of Recreation and Community Services is established for the City.

Prior Code 20- 1; Ord. No. 71- 11, Amended 4/ 19/ 71)

Section 2. 40. 020 Powers and Duties

The functions of the Department of Recreation and Community Services are to provide

opportunities for wholesome, year-round public recreation service for each age group and to develop and maintain, in an attractive and safe manner, the parks and recreation areas and facilities of the City, and to ensure that such facilities are suitable for a wide variety of recreation purposes. Prior Code 20- 2; Ord. No. 71- 11, Amended 4/ 19/ 71)

Section 2. 40. 030 Director - Appointment

The City Manager shall appoint a Director of Recreation and Community Services to

administer the parks and recreation program. Prior Code 20- 3; Ord. No. 71- 11, Amended 4/ 19/ 71)

Section 2. 40. 040 Director - Powers and Duties

A. The Director of Recreation and Community Services shall attend meetings of the

Parks and Recreation Commission, may serve as secretary to the commission and shall make such reports to the commission or to the City Council or board of trustees of the school district as shall be required. B. The Director of Parks and Recreation shall: 1. Inform the general public of the services and facilities being provided by the Parks and Recreation Department. 2. Solicit suggestions from the general public to improve or increase the effectiveness of the service. 3. Cooperate with government and voluntary organizations and agencies in the furtherance of recreation opportunities. 4. Provide, upon request, assistance of a technical nature to community agencies and organizations having problems relating to parks and recreation areas and

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facilities and programs. 5. Counsel with officials of public and private organizations and interested groups concerning community's recreation and leisure activities and assist them in the promotion of recreation services. 6. Conduct studies of local conditions and needs for recreation services and assist with recruitment and training of recreation personnel. 7. Prepare, in cooperation with the Parks and Recreation Commission, a budget to be presented to the City Manager. Prior Code 20- 4; Ord. No. 71- 11, Amended 4/ 19/ 71)

Section 2. 40. 050 Annual Budget - Fund Established

There is established a Parks and Recreation Fund. The Director of Recreation and

Community Services shall submit annually a budget to the Parks and Recreation Commission and City Manager for their consideration. Such budget should provide not only for recreation services, park maintenance and operating costs for the ensuing year, but should also contain estimates and recommendations for such long- term capital outlay as may be necessary to provide for an orderly and coordinated development program. Prior Code 20- 5; Ord. No. 71- 11, Amended 4/ 19/ 71)

Section 2. 40. 060 Recreational Facilities - Conduct of Activities and Events

A. The Director of Recreation and Community Services shall have authority to

promote the use of City-owned playgrounds, parks and recreation areas for the benefit of the people of the City by organizing, carrying on, conducting and maintaining regularly scheduled and planned athletic contests and games under the supervision of the Director of Recreation and Community Services, under rules and regulations to be adopted by the Director of Recreation and Community Services. B. Preference in the use of such playgrounds and recreation areas, and the holding of such athletic games and events, shall be given to the residents of the City; provided, that the Director of Recreation and Community Services may, if deemed to be in the best interests of the promotion of such playground and recreational activity, authorize contests between organized athletic teams coming from areas outside of the territorial boundaries of the City, and may also, if deemed advisable, permit organized teams resident outside of the City to compete in regularly scheduled contests with teams composed of members resident within the City. Prior Code 20- 6; Ord. No. 71- 11, Amended 4/ 19/ 71)

Section 2. 40. 070 Recreational Facilities - Hours, Fees and Regulations

A. The Director of Recreation and Community Services, by and with the approval of the City Manager and Parks and Recreation Commission, is authorized and empowered to regulate the times of opening and closing of all City parks and recreation facilities of the City, to make assignments of persons and groups to particular facilities or portions thereof, and to prescribe fees and make charges in connection with the above. B. Further, the Director of Recreation and Community Services is authorized and empowered to formulate and adopt rules and regulations in connection herewith. Prior Code 20- 8; Ord. No. 71- 11, Amended 4/ 19/ 71)

Section 2. 40. 080 Armory and Adjacent Areas

A. Under no circumstances shall any person, group, company, society or

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organization under supervision of the City parks and recreation program negotiate directly for activities with the custodian or representative of the California National Guard. B. The Director of Recreation and Community Services shall be directly responsible for establishment of schedules and personal supervision of City recreation and athletic activities carried on within the confines of the armory or the area adjacent thereto being under the control of the California National Guard. Prior Code 20- 7; Ord. No. 71- 11, Amended 4/ 19/ 71)

Section 2. 40. 090 Construction and Use of Structures

The Department of Recreation and Community Services is authorized and empowered

to permit the erection or construction by noncommercial societies, groups or organizations which are engaged in civic, social, educational, recreational or philanthropic work and activities, of headquarters, buildings and facilities upon such sites, in accordance with plans to be first approved by the Parks and Recreation Commission and City Council, and to grant preferential, but not exclusive right or privileges of occupancy and use in connection therewith; and to make and enforce uniform and proper rules and regulations consistent with the provisions of this chapter for the use, occupancy, maintenance and care of such site, buildings, structures and facilities; provided, that the title to any building, structure or facility so permitted to be erected or built, shall, upon completion thereof, immediately vest in the City, and shall become and remain in every respect subject to the jurisdiction, control and regulation of the Department of Recreation and Community Services. No such society, group or organization shall be granted or be permitted to acquire any exclusive or irrevocable right use or occupy a particular portion of such area or building, structure or facility that may be erected thereon. Prior Code 20- 9; Ord. No. 71- 11, Amended 4/ 19/ 71)

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Chapter 2.44

Parks and Recreation Commission

Sections:

2. 44. 010 Purpose
3. 44. 020 Establishment, Composition, and Additional Qualifications
4. 44. 060 Powers and Duties

Section 2. 44. 010 Purpose

The purpose of this commission is to advise the City Council, City Manager, and the
on matters concerning parks andDepartment of Recreation and Community Services

recreation. Prior Code 20- 16; Ord. No. 70- 40, Amended 11/ 2/ 70; Ord. No. 85- 10, Amended 3/ 12/ 85; Ord. No. 87- 2, Amended 1/ 26/ 87; Ord. No. 99- 14, Amended, 7/ 13/ 99; Ord. No. 2013- 9, Amended 6/ 11/ 13; Ord. No. 2019- 6, Amended 2/ 26/ 19)

Section 2. 44. 020 Establishment, composition, and Additional Qualifications

There is hereby established the Parks and Recreation Commission of the City of Vista,

which is an advisory commission to the City Council. The Parks and Recreation Commission shall be composed of seven regular members and two non- voting youth members.

In addition to the general qualifications for appointments in Chapter 2. 18 of the Vista

Municipal Code, qualifications for appointments to the Parks and Recreation Commission shall include the following: A. Regular Members. Regular members of the Commission may not be employed by the City in any capacity. It is the intent of the City Council that at least one member of the Commission be a member who has been recommended for appointment by the Board of Trustees of the Vista Unified School District. B. Ex- Officio Members. Two ex-officio members of the Commission shall be youth representatives who shall be appointed by the Mayor with confirmation by the City Council. Prior Code 20- 17; Ord. No. 70- 40, Amended 11/ 2/ 70; Ord. No. 74- 47, Amended 8/ 26/ 74; Ord. No. 75- 1, Amended 1/ 21/ 75; Ord. No. 85- 10, Amended 3/ 12/ 85; Ord. No. 99- 14, Amended, 07/ 13/ 99; Ord. No. 2005- 20, Amended, 09/ 13/ 05; Ord. No. 2013- 9, Amended 6/ 11/ 13; Ord. No. 2019- 6, Amended 2/ 26/ 19)

Section 2. 44. 030 Term of Office - Youth Representative - Vacancy Filling

Prior Code 20- 18; Ord. 70- 40, Amended 11/ 2/ 70; Ord. 74- 47, Amended 8/ 27/ 74; Ord. No. 77- 4, Amended 2/ 14/ 77; Ord. 86- 51, Amended 10/ 28/ 86; Ord. No. 2005- 20, Amended, 09/ 13/ 05; Ord. No. 2013- 9, Repealed 6/ 11/ 13) See VMC Chapter 2. 18

Section 2. 44. 040 Organization - Election of Officers

Prior Code 20- 19; Ord. No. 70- 40, Amended 11/ 2/ 70; Ord. No. 2013- 9, Repealed 6/ 11/ 13) See VMC Chapter 2. 18

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Section 2. 44. 050 Meetings — Attendance - Rules and Regulations

Prior Code 20- 20; Ord. No. 70- 40, Amended 11/ 2/ 70; Ord. No. 86- 52, Amended 10/ 28/ 86; Ord. No. 2013- 9, Repealed 6/ 11/ 13) See VMC Chapter 2. 18

Section 2. 44. 060 Powers and Duties

The duties of the Parks and Recreation Commission shall be as follows:
A. To act in an advisory capacity to the City Council, City Manager and the Director

of Recreation and Community Services in matters concerning parks and recreation planning and programming. B. Advise the Director of Recreation and Community Services in formulating policies on recreation services for approval by the City Council; C. Recommend to the City Council and Vista Unified School District Board the best joint use of recreation facilities. D. Recommend to the City Council the advisability of acquiring and/ or utilizing various parcels of land for parks and recreation purposes. E. Advise the Director of Recreation and Community Services on development of recreation areas, facilities, programs and recreation services. F. Review staff recommendations for the adoption of standards on organization, personnel, areas and facilities, program and financial support of parks and recreation activities. G. Make periodic inventories of recreation services that exist or may be needed and make recommendations to the City Council and the Director of Recreation and Community Services. H. Review staff recommendations for the annual budget request and on long- range parks and recreation capital improvement program. I. Consider all requests for permanent facilities to be erected on park area. J. Promote and stimulate public interest in the Department of Recreation and Community Services. K. Promote recreation and community services. Prior Code 20- 21; Ord. No. 70- 40, Amended 11/ 2/ 70; Ord. No. 2019- 6, Amended 2/ 26/ 19)

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Chapter 2. 46

Public Arts Commission

Sections:

2. 46. 010 Purpose
3. 46. 020 Establishment and Composition
4. 46. 070 Powers and Duties
5. 46. 080 Staff Assistance

Section 2. 46. 010 Purpose

The purpose of this chapter is to promote and support the public display and public

appreciation of art through the establishment and operation of the Public Arts Commission of the City of Vista. The Commission' s purpose is to reflect the diverse nature of the City' s population, history, and growth through the public display of art; cultivate audiences for public art; consider ways in which public art can play a role in achieving other community building goals and objectives; foster sponsorship and stewardship of public art; recognition of the economic benefits gained through aesthetic enhancement of the City' s public spaces; and expand the opportunities for residents to experience public art. Ord. No. 2003- 16, Added 06/ 10/ 03; Ord. No. 2013- 10, Amended 6/ 11/ 13)

Section 2. 46. 020 Establishment and Composition

There is established a Public Arts Commission with membership, powers and duties as

provided in this article.

The Public Arts Commission of the City of Vista shall be a standing commission of the
of seven members. The seven members shall include one memberCity consisting

recommended for appointment by the Vista Unified School District. There shall be two non- voting youth representatives. Ord. No. 2003- 16, Added, 06/ 10/ 03; Ord. No. 2013- 10, Amended 6/ 11/ 13; Ord. No. 2017- 18, Amended 11/ 14/ 17; Ord. No. 2019- 15, Amended 11/ 12/ 19)

Section 2. 46. 030 Members and Appointment

Ord. No. 2003- 16, Added, 06/ 10/ 03; Ord. No. 2013- 10, Repealed 6/ 11/ 13) See VMC Chapter 2. 18.

Section 2. 46. 040 Term of Office

Ord. No. 2003- 16, Added, 06/ 10/ 03; Ord. No. 2013- 10, Repealed 6/ 11/ 13) See VMC Chapter 2. 18.

Section 2. 46. 050 Organization - Election of Officers

Ord. No. 2003- 16, Added, 06/ 10/ 03; Ord. No. 2013- 10, Repealed 6/ 11/ 13) See VMC Chapter 2. 18.

Section 2. 46. 060 Meetings - Rules and Regulations

Ord. No. 2003- 16, Added, 06/ 10/ 03; Ord. No. 2013- 10, Repealed 6/ 11/ 13) See VMC Chapter 2. 18.

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Section 2. 46. 070 Powers and Duties

The duties of the Public Arts Commission shall be as follows: A. To act in an advisory capacity to the City Council and City Manager in all matters concerning public visual arts. B. To facilitate communication and cooperation among local visual arts groups. C. To take action on items that do not require City Council approval and provide recommendations to the City Council regarding the public display of visual art in accordance with City Council adopted policies or resolutions. D. To develop and maintain a public visual arts plan for presentation to and approval by the City Council. F. To explore and suggest outside funding sources for public visual arts. G. To advise staff on how to expand and enhance visual arts education in the community. H. To promote and stimulate public interest in visual arts. I. To perform such additional functions relating to public art as may be delegated to the Commission pursuant to a policy or resolution adopted by the City Council. Ord. No. 2003- 16, Added, 06/ 10/ 03; Ord. No. 2019- 6, Amended 2/ 26/ 19 )

Section 2. 46. 080 Staff Assistance

Ord. No. 2003- 16, Added, 06/ 10/ 03; Ord. No. 2013- 10, Repealed 6/ 11/ 13) See VMC Chapter 2. 18.

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Chapter 2. 48

Planning Commission

Sections:

2. 48. 010 Purpose
3. 48. 020 Establishment, Composition, and Additional Qualifications
4. 48. 040 Term of Office - Removal Conditions
5. 48. 050 Compensation of Members
6. 48. 060 Secretary
7. 48. 080 Powers and Duties

Section 2. 48. 010 Purpose

The purpose of the Planning Commission is to recommend to the City Council plans for

the regulation of the future growth, development and beautification of the City and to hear and take action on certain applications for subdivisions of land, site development plans, special use

permits, or variances. Prior Code 2- 27; Ord. No. 70- 41, Amended 10/ 19/ 70; Ord. No. 2013- 11, Amended 6/ 11/ 13)

Section 2. 48. 020 Establishment, Composition, and Additional Qualifications

A Planning Commission of the City is established, with membership, powers and duties

as provided in this chapter, other ordinances of the City and by the statutes of the state.

The Planning Commission shall consist of seven members. All members of the Planning Commission shall be voting members. The City Council appoints all members of the Planning Commission, pursuant to Government Code Section 65100 of the California Government Code. In addition to the general qualifications for appointments in Chapter 2. 18 of the Vista Municipal Code, no appointment of any employee of the City or a member of the City Council may be made to the Planning Commission. Prior Code 2- 28; Ord. No. 70- 41, Amended 10/ 19/ 70; Ord. 2013- 11, Amended 6/ 11/ 13)

Section 2. 48. 030 Appointment of Members and Additional Qualifications

Prior Code 2- 29; Ord. No. 70- 41, Amended 10/ 19/ 70; Ord. No. 99- 14, Amended, 07/ 13/ 99; Ord. 2013- 11, Repealed 6/ 11/ 13) See VMC Chapter 2. 18

Section 2. 48. 040 Term of Office - Removal Conditions

Prior Code 2- 30; Ord. No. 70- 41, Amended 10/ 19/ 70; Ord. No. 86- 53, Amended 10/ 28/ 86; Ord. No. 89- 26, Amended 7/ 10/ 89; Ord. No. 2013- 11, Amended 6/ 11/ 13; Ord. No. 2017- 18, Repealed 11/ 14/ 17) See VMC Chapter 2. 18

Section 2. 48. 050 Compensation of Members

Members of the Planning Commission may serve with compensation as fixed by the City

Council from time to time by resolution or ordinance. Prior Code 2- 31; Ord. No. 70- 41, Amended 10/ 19/ 70; Ord. No. 2013- 11, Amended 6/ 11/ 13)

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Section 2. 48. 060 Secretary

The secretary of the Planning Commission shall be the Director of Community

Development or their designee. Prior Code 2- 32; Ord. No. 70- 41, Amended 10/ 19/ 70; Ord. No. 86- 53, Amended 10/ 28/ 86; Ord. No. 99- 18, Amended, 09/ 28/ 99; Ord. No. 2013- 11, Amended 6/ 11/ 13)

Section 2. 48. 070 Meetings - Time and Location

Prior Code 2- 33; Ord. No. 70- 41, Amended 10/ 19/ 70; Ord. No. 78- 49, Amended 9/ 28/ 78; Ord. No. 2013- 11, Repealed 6/ 11/ 13) See VMC Chapter 2. 18

Section 2. 48. 080 Powers and Duties

powers and duties, except as The Planning Commission shall have the following otherwise provided by law: A. To recommend to the City Council plans for the regulation of the future growth, development and beautification of the City in respect to its public buildings, works, streets, grounds and vacant lots. B. To recommend to the City Council plans consistent with the future growth and development of the City in order to secure for the City and its inhabitants, sanitation and proper service of all public utilities. C. To make recommendations to any public authority or to any corporation or individual with reference to the location of any proposed buildings, structures or works. D. To recommend to the City Council the approval or disapproval of maps or plats of subdivisions of land. E. To do such other things as shall be necessary to carry out the provisions of the City' s zoning and subdivision laws and regulations and to study, prepare and recommend a master or general plan or amendment thereto for the physical development of the City and any abutting land outside its boundaries. F. To hear and determine all applications for special use permits, variances or any other zoning permits and amendments. G. The Planning Commission shall have any and all other powers and duties provided by ordinance and by state law. Prior Code 2- 34; Ord. No. 70- 41, Amended 10/ 19/ 70)

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Chapter 2.50

Environmental Commission