Vista Municipal Code § 2.62 Community Safety Commission

Section 2.62.010 Purpose

The purpose of this chapter is to promote and enhance community safety and welfare

by the establishment and operation of a Community Safety Commission of the City of Vista. The Commission' s purpose is to conduct meaningful and constructive dialogue with the City’s Fire Department and law enforcement services provider on public safety concerns, issues and priorities and ensure that concerns are addressed in a collaborative and effective manner.” ( Ord. No. 99-15, Added, 07/13/99; Ord. No. 2013-2, Amended 3/26/13; Ord No. 2021-10, Amended 8/10/21)

Section 2.62.020 Establishment of Commission

A Community Safety Commission of the City of Vista is hereby established as a

standing commission of the City. The Commission shall consist of seven members. One member shall be recommended for appointment by Vista Unified School District. There shall be two non-voting youth representatives Ord. No. 1999-15, Added, 07/13/99; Ord. No. 2013-2, Amended 3/26/13; Ord. No. 2017-18, Amended 11/14/17)

Section 2.62.030 Powers and Duties

The Community Safety Commission shall act in an advisory capacity to the City Council,

the Vista Fire Department, and the City’s law enforcement services provider and shall perform the following responsibilities on a continuing basis: A. Communicate and cooperate with the individual citizens and community groups in identifying community safety concerns and solutions. B. Communicate and cooperate with the Fire Department and the City’s law enforcement services provider in identifying community safety concerns and solutions. C. Promote cooperation and encourage coordination between the Commission, the Fire Department, and the City’s law enforcement services provider, and other entities, public and private, who are involved with community safety activities and efforts. D. Prepare an annual report to the City Council and to the community on the activities of the Commission.” ( Ord. No. 99-15, Added, 07/13/99; Ord. No. 2013-2, Amended 3/26/13; Ord. No. 2021- 10, Amended 8/10/21)

Section 2.62.040 Fire Department and Law Enforcement Advisors to the Commission

The City Manager shall arrange to have one or more representatives of the Fire

Department and the City's law enforcement services provider designated as advisors to the Commission. The City Manager may appoint such additional staff advisors or assistants as is deemed necessary for the Commission to carry out its purposes. ( Ord. No. 99-15, Added, 07/13/99; Ord. No. 2013-2, Amended 3/26/13; Ord. No. 2021-10, Amended 8/10/21)

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Chapter 2. 64

Emergency Services

Sections:

2. 64. 010 Emergency Defined
3. 64. 020 Purpose of Provisions
4. 64. 030 Disaster Council - Established - Membership
5. 64. 040 Disaster Council - Powers and Duties
6. 64. 050 Directors - Established
7. 64. 060 Directors - Powers and Duties
8. 64. 070 Emergency Organization - Membership
9. 64. 080 Emergency Plan Regulations
10. 64. 090 Expenditures
11. 64. 100 Unlawful Activities Designated - Penalty

Section 2. 64. 010 Emergency Defined

As used in this chapter, " emergency" means the actual threatened existence of

conditions of disaster or of extreme peril to the safety of persons and property within this City caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of this City, requiring the combined forces of other political subdivisions to combat. Prior Code 7- 1; Ord. No. 72- 51, Amended 12/ 11/ 72)

Section 2. 64. 020 Purpose of Provisions

The declared purposes of this chapter are to provide for the preparation and carrying

out of plans for the protection of persons and property within this city in the event of an emergency, the direction of the emergency organization, and the coordination of the emergency functions of this City with all other public agencies, corporations, organizations and affected private persons. Prior Code 7- 2; Ord. No. 72- 51, Amended 12/ 11/ 72)

Section 2. 64. 030 Disaster Council — Established - Membership

The Vista Disaster Council is created and shall consist of the following:
A. The Mayor, who shall be Chairperson.
B. The Director of Emergency Services, who shall be Vice Chairperson.
C. The Assistant Director of Emergency Services.
D. Such chiefs of emergency services as are provided for in a current emergency

plan of this City, adopted pursuant to this chapter. E. Such representatives of civic, business, labor, veterans, professional or other organizations having an official emergency responsibility, as may be appointed by the Director with the advice and consent of the City Council. Prior Code 7- 3; Ord. No. 72- 51, Amended 12/ 11/ 72)

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Section 2. 64. 040 Disaster Council - Powers and Duties

It shall be the duty of the Vista Disaster Council, and it is empowered, to develop and recommend for adoption by the City Council, emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The Disaster Council shall meet upon call of the Chairperson, or

or call such meeting, upon the call of the Vicein his absence from the City inability to

Chairperson. Prior Code 7- 4; Ord. No. 72- 51, Amended 12/ 11/ 72)

Section 2. 64. 050 Directors - Established

A. There is created the Office of Director of Emergency Services. The City

Manager shall be the Director of Emergency Services. B. There is created the Office of Assistant Director of Emergency Services, who shall be appointed by the Director. Prior Code 7- 5; Ord. No. 72- 51, Amended 12/ 11/ 72)

Section 2. 64. 060 Directors - Powers and Duties

A. The Director is empowered to:
1. Request the City Council to proclaim the existence or threatened

existence of a " local emergency" if the City Council is in session, or to issue such proclamation if City Council is not in session. Whenever a local emergency is proclaimed by the Director, the City Council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further effect or force; 2. Request the Governor to proclaim a " state of emergency" when, in the opinion of the Director, the locally available resources are inadequate to cope with the emergency; 3. Control and direct the effort of the emergency organization of this City for the accomplishment of the purposes of this chapter; 4. Direct cooperation between and coordination of services and staff of the emergency organization of this City, and resolve questions of authority and responsibility that may arise between them; 5. Represent this City in all dealings with public or private agencies on matters pertaining to emergencies as defined herein; 6. In the event of the proclamation of a " local emergency" as herein provided, the proclamation of a " state of emergency" by the Governor or the Director of the or the existence of a " state of war emergency," theState Office of Emergency Services, Director is empowered:

a. To make and issue rules and regulations on matters reasonably

related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council. b. To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of life and property and to bind the City for the fair value thereof, and, if required immediately, to commandeer the same for public use. C. To require emergency services of any City officer or employee and, in the event of the proclamation of a " state of emergency" in the county in which this City is located or the existence of a " state of war emergency," to command the aid of as many citizens of this community as he deems necessary in the execution of his duties; such persons shall be

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entitled to all privileges, benefits and immunities as are provided by State law for registered disaster service workers. d. To requisition necessary personnel or material of any City department or agency. e. To execute all of his ordinary powers as City Manager, all of the special powers conferred upon him by this chapter or by resolution or emergency plan pursuant hereto adopted by the City Council, all powers conferred upon him by any statute, by any agreement approved by the City Council, and by any other lawful authority. B. The Director of Emergency Services shall designate the order of succession to that office, to take effect in the event the Director is unavailable to attend meetings and otherwise perform his duties during an emergency. Such order of succession shall be approved by the City Council. C. The Assistant Director shall, under the supervision of the Director and with the

assistance of Emergency Service Chiefs, develop emergency plans and manage the emergency program of this City, and shall have such other powers and duties as may be assigned by the Director. Prior Code 7- 6; Ord. No. 72- 51, Amended 12/ 11/ 72)

Section 2. 64. 070 Emergency Organization - Membership

All officers and employees of this City, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations and persons who may by agreement or operation of law, including persons impressed into service under the provisions of Section 2. 64. 060( A)( 6)( c), be charged with duties incident to the protection of life and property in this City during such emergency, shall constitute the emergency organization of the City. Prior Code 7- 7; Ord. No. 72- 51, Amended 12/ 11/ 72)

Section 2. 64. 080 Emergency Plan Regulations

The Vista Disaster Council shall be responsible for the development of the City

emergency plan, which shall provide for the effective mobilization of all of the resources of this City, both public and private, to meet any condition constituting a local emergency, state of emergency or state of war emergency; and shall provide for the organization, powers and duties, services and staff of the emergency organization. Such plans shall take effect upon adoption by resolution of the City Council. Prior Code 7- 8; Ord. No. 72- 51, Amended 12/ 11/ 72)

Section 2. 64. 090 Expenditures

Any expenditures made in connection with emergency activities, including mutual aid

activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City. Prior Code 7- 9; Ord. No. 72- 51, Amended 12/ 11/ 72)

Section 2. 64. 100 Unlawful Activities Designated - Penalty

It is a misdemeanor, punishable according to the provisions of Section 1. 16. 010 of this

Code, for any person during an emergency to: A. Willfully obstruct, hinder or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon him by virtue of this chapter; and

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B. Do any act forbidden by any lawful rule or regulation issued pursuant to this

chapter, if such act is of such a nature as to give assistance to the enemy or to imperil the lives or property of inhabitants of this City, or to prevent, hinder or delay the defense or protection thereof; C. Wear, carry or display without authority, any means of identification specified by the Emergency Agency of the State. Prior Code 7- 10; Ord. No. 72- 51, Amended 12/ 11/ 72)

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Chapter 2. 68

Fees and Charges for City Services

Sections:

2. 68. 010 Scope and Intent
3. 68. 020 Definitions
4. 68. 030 Procedures
5. 68. 040 Notices; Public Meeting
6. 68. 050 Alternative Procedure
7. 68. 060 Effective Date for Fees
8. 68. 070 Reconsideration
9. 68. 080 Supremacy of Procedures

Section 2. 68. 010 Scope and Intent

For the purpose of recovering costs reasonably borne by the City, this chapter
set or increase any and all fees. In accordance with Article XIIIBauthorizes the City Council to

of the California Constitution, the amount of those fees shall not exceed the costs reasonably borne by the City of Vista in providing the associated municipal services. Prior Code 10- 12; Ord. No. 82- 2, Amended 1/ 25/ 82; Ord. No. 2002- 14, Amended, 4/ 9/ 02)

Section 2. 68. 020 Definitions

For purposes of this chapter, the following terms shall be defined as follows: A. " Fee" shall mean any payment required for any municipal service, permit, license, certification, inspection, review, application, entitlement, product, or similar thing of value or benefit. The term fee excludes the following: utility charges, fees imposed as an incident of property which is specially regulated by Article XIIID of the California Constitution, charges incurred under or due to franchise agreements, the provision of sewer services, sales of retail merchandise, payments for the sale or lease of real property, fines, assessments, and taxes. B. " Set or Increase" shall mean and include an action to create, establish, impose, set, calculate or increase fees, including any formula created or used for any of those purposes. The term " set or increase" does not include an action to decrease fees or to temporarily suspend fees, in whole or part. The return of a fee to its original set amount following a temporary suspension of the fee shall not constitute an increase in a fee for the purposes of this chapter. C. " Costs Reasonably Borne" means the sum of the following: 1. All applicable direct costs including, but not limited to, salaries, wages, overtime, employee fringe benefits, services and supplies, maintenance and operation expenses, contracted services, special supplies, and any other direct expense incurred. 2. All applicable indirect costs including, but not restricted to, building maintenance and operations, equipment maintenance and operations, communications expenses, computer costs, printing and reproduction, and like expenses when distributed on an accounted and documented rational proration system. 3. Fixed assets recovery expenses, consisting of depreciation of fixed assets, and additional fixed asset expense recovery charges calculated on the current estimated cost of replacement, divided by the approximate life expectancy of the fixed asset. A further additional charge to make up the difference between book value depreciation not

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previously recovered and reserved in cash and the full cost of replacement, which also shall be calculated and considered a cost so as to recover such unrecovered costs between book value and cost of replacement over the remaining life of the asset. 4. General overhead, expressed as a percentage, distributing and charging the expenses of the City Council, City Manager, Finance Department, City Clerk, City Attorney, community promotion, Personnel Department, and all other staff and support services provided to the entire City organization. Overhead shall be prorated between tax-financed services and fee- financed services on the basis of said percentage so that each of taxes and fees and charges shall proportionately defray such overhead costs. 5. Departmental overhead, expressed as a percentage, distributing and charging the cost of each department head and his or her supporting expenses as enumerated in Subsections A, B and C of this section. 6. Debt service costs, consisting of repayment of principal, payment of interest, trustee fees and administrative expenses for all applicable bond, certificate, or securities issued or loans. Any required coverage factors of added reserves beyond basic debt service costs also shall be considered a cost if required by covenant within any securities ordinance, resolution, indenture or general law applicable to the City. Prior Code 10- 13; Ord. No. 82- 2, Amended 1/ 25/ 82; Ord. No. 2002- 14, Amended, 4/ 9/ 02)

Section 2. 68. 030 Procedures

Except as provided in Section 2. 68. 050, all fees shall be set or increased using the

procedures in Section 2. 68. 040. Prior Code 10- 14; Ord. No. 82- 2, Amended 1/ 25/ 82; Ord. No. 2002- 14, Amended, 4/ 9/ 02)

Section 2. 68. 040 Notices; Public Meeting

The City, prior to setting or increasing a fee, shall conduct a noticed public hearing as

required by Section 66018 of the California Government Code. In addition, mailed notices shall be provided and data shall be made available in accordance with Section 66016( a) for all fees which are listed in Subsection ( d) of Section 66016. Prior Code 10- 15; Ord. No. 82- 2, Amended 1/ 25/ 82; Ord. No. 82- 15, Amended 4/ 12/ 82; Ord. No. 95- 3, Amended, 3/ 14/ 95; Ord. No. 2002- 14, Amended, 4/ 9/ 02)

Section 2. 68. 050 Alternative Procedure

When State or Federal law requires the City to set or increase fees using procedures that differ from those found in Section 2. 68. 040, the City shall use those other procedures for applicable fees. When those alternative proceduresthe purposes of setting or increasing the are used, the City shall not be required to comply with this chapter and any failure to comply with this chapter shall neither give rise to any legal claim regarding that fee nor affect the validity of that fee in any respect. Prior Code 10- 17; Ord. No. 82- 2, Amended 1/ 25/ 82; Ord. No. 2002- 14, Amended, 4/ 9/ 02)

Section 2. 68. 060 Effective Date for Fees

Fees shall become effective on the date specified by the City Council in the resolution

setting or increasing the fee. If no date is specified, the fee shall become effective on the 90th day following the date of the resolution, or such earlier date as shall be determined by the City Manager. However, no fee for development projects, as listed in Government Code Section

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66017( a), shall become effective until at least 60 days have passed from the adoption of the resolution setting or increasing that fee. Ord. No. 2002- 14, Added, 4/ 9/ 02)

Section 2. 68. 070 Reconsideration

Any person may seek reconsideration of a fee set or increased by the City Council when

the person believes that the fee has been set or increased in violation of this chapter or that it exceeds the cost reasonably borne by the City. The request for reconsideration must be filed with the City Clerk within ten days of the City Council' s original action to set or increase the fee. The request for reconsideration shall explain any and all grounds for objecting to the fee. No fee for which reconsideration has been timely and properly sought shall take effect until heard by the City Council. Such request for reconsideration shall be placed on the agenda of a regular City Council meeting, occurring within 30 days, after receipt of such request. The item may be continued at the discretion of the City Council. A request for reconsideration shall not affect the effective date of the fees which were not subject to the request for reconsideration. Ord. No. 2002- 14, Added, 4/ 9/ 02)

Section 2. 68. 080 Supremacy of Procedures

The procedures of this chapter shall be used to set and increase all fees previously

authorized by other provisions of this Municipal Code, even when the amount of a preexisting fee was originally or most recently set or increased by ordinance. Ord. No. 2002- 14, Added, 4/ 9/ 02)

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Chapter 2. 72

Personnel System

Sections:

2. 72. 010 Adoption and Purpose of Regulations
3. 72. 020 Personnel Officer - Powers and Duties
4. 72. 030 Positions Exempt from Chapter Application
5. 72. 040 Personnel Rules Adopted - Contents
6. 72. 050 Certain Rules Applicable to Exempt Positions
7. 72. 060 Authority to Contract for Special Services
8. 72. 070 Appropriation of Funds
9. 72. 080 Appointing Authority
10. 72. 090 Appointments to the Competitive Service
11. 72. 100 Probationary Period
12. 72. 110 Suspension Conditions
13. 72. 120 Abolition of Positions
14. 72. 130 Discrimination Prohibited

Section 2. 72. 010 Adoption and Purpose of Regulations

In order to establish an equitable and uniform procedure for dealing with personnel

matters, to attract to municipal service the best and most competent persons available, to assure that appointments and promotions of employees will be based on merit and fitness as determined by competitive test, and to provide a reasonable degree of security for qualified employees, the personnel system set out in this chapter is adopted. Prior Code 23- 3; Ord. No. 63- 17, Added 6/ 11/ 63)

Section 2. 72. 020 Personnel Officer - Powers and Duties

A. The City Manager shall be Ex- Officio Personnel Officer. With the approval of the

City Council, the City Manager may delegate any of the powers and duties conferred upon him as Personnel Officer under this chapter to any other officer or employee of the City or may recommend that such powers and duties be performed under contract as provided in Section 2. 72. 060. B. The City Manager shall: 1. Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the City Council. 2. Prepare and recommend to the City Council revisions and amendments to the personnel rules. The City Attorney shall approve the legality of such revisions and amendments prior to their submission to the City Council. 3. Prepare a position classification plan, including class specifications and revisions of the plan. The plan, and any revisions thereof, shall become effective upon approval by the City Council. Notwithstanding the foregoing, the City Manager may make changes to previously- approved class specifications, but not to position classifications or plans of compensation, without City Council approval. 4. Prepare a plan of compensation and revisions thereof covering all classifications in the competitive service. The plan, and any revisions thereof, shall become effective upon approval by the City Council. Prior Code 23- 4; Ord. No. 63- 17, Added 6/ 11/ 63; Ord. No. 2008- 19, Amended, 6/ 10/ 08)

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Section 2. 72. 030 Positions Exempt from Chapter Application

The provisions of this chapter shall apply to all offices, positions and employments in the

service of the City, except the following: A. Elective officers B. Members of appointive boards, commissions and committees C. Persons engaged under contract to supply expert, professional or technical services for a definite period of time. D. Volunteer personnel, such as volunteer firemen, who receive no regular compensation from the City. E. Those management or confidential employees designated as exempt by resolution of the City Council. F. The City Manager G. The City Clerk H. All regular full- time heads of departments now existing or hereafter created who serve at the pleasure of the City Manager, including but not limited to: 1. The Director of Finance and City Treasurer 2. The Director of Planning 3. The Building Official 4. The Community Center Development Director 5. The Director of Public Works 6. The Director of Recreation and Community Services Prior Code 23- 5; Ord. No. 63- 17, Added 6/ 11/ 63; Ord. No. 70- 30, Amended 8/ 3/ 70; Ord. No. 73- 47, Amended 11/ 26/ 73; Ord. No. 77- 15, Amended 3/ 15/ 77; Ord. No. 78- 47, Amended 10/ 11/ 78; Ord. No. 81- 46, Amended 8/ 10/ 81)

Section 2. 72. 040 Personnel Rules Adopted - Contents

Personnel rules, prepared by the City Manager, subject to this chapter and to revision

by the City Council, shall be adopted, and may be amended from time to time by resolution of the City Council. The rules shall establish specific procedures and regulations governing the following phases of the personnel system: A. Preparation, installation, revision and maintenance of a position classification plan covering all positions in the competitive service, including employment standards and qualifications for each class. B. Preparation, revision and administration of a plan of compensation directly correlated with the position classification plan, providing a rate or range of pay for each class. C. Public announcement of all tests and the acceptance of applications for

employment. D. Preparation and conduct of tests and the establishment and use of resulting employment lists containing names of persons eligible for appointment. E. Certification and appointment of persons from employment lists, and the making of temporary and emergency appointments. F. Evaluation of employees during the probationary period. G. Transfer, promotion, demotion and reinstatement of employees in the

competitive service. H. Separation of employees from the City service through layoff, suspension and dismissal. I. Standardization of hours of work, attendance and leave regulations, working conditions and the development of employee morale, welfare and training.

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J. Suitable provision for orderly and equitable presentations by the City

Administrator to the City Council for employees, relating to general conditions of employment. K. Suitable provision for orderly and equitable resolution of employees' grievances arising out of the application or interpretation of existing rules or practices, or any circumstance that results in a claimed inequity or damage to an employee, including demotion, suspension, dismissal, reduction in pay or other disciplinary action. Prior Code 23- 6; Ord. No. 63- 17, Added 6/ 11/ 63; Ord. No. 74- 29, Amended 5/ 13/ 74)

Section 2. 72. 050 Certain Rules Applicable to Exempt Positions

The provisions of the personnel rules relating to attendance and leaves shall apply to

the incumbents of full- time, exempt positions. Prior Code 23- 7; Ord. No. 63- 17, Added 6/ 11/ 63)

Section 2. 72. 060 Authority to Contract for Special Services

The City Manager shall consider and make recommendations to the City Council regarding the extent to which the City should contract for the performance of technical services in connection with the establishment or operation of the personnel system. The City Council may contract with any qualified person or agency for the performance of all or any of the following responsibilities and duties imposed by this chapter: A. The preparation of personnel rules and subsequent revisions and amendments thereof. B. The preparation of a position classification plan, and subsequent revisions and amendments thereof. C. The preparation of a plan of compensation, and subsequent revisions and amendments thereof. D. The preparation, conduct and grading of competitive tests. E. Special and technical services of advisory or informational character on matters relating to personnel administration. Prior Code 23- 8; Ord. No. 63- 17, Added 6/ 11/ 63)

Section 2. 72. 070 Appropriation of Funds

The City Council shall appropriate such funds as are necessary to carry out the

provisions of this chapter. Prior Code 23- 9; Ord. No. 63- 17, Added 6/ 11/ 63)

Section 2. 72. 080 Appointing Authority

The City Council, the City Manager and any other officer in whom is vested the power to

appoint, make transfers, promotions, demotions, reinstatements, layoffs, and to suspend or dismiss employees shall retain such power, subject to the provisions of this chapter and the

personnel rules. Prior Code 23- 10; Ord. No. 63- 17, Added 6/ 11/ 63)

Section 2. 72. 090 Appointments to the Competitive Service

A. Appointments to vacant positions in the competitive service shall be made in

accordance with the personnel rules. Appointments and promotions shall be based on merit and fitness to be ascertained so far as practicable by competitive examinations. Examinations

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shall be used and conducted to aid in the selection of qualified employees, and shall consist of such recognized selection techniques as achievement and aptitude tests, other written tests, personal interview, performance tests, evaluation of daily work performance, work sampler or any combination of these, which will, in the opinion of the Personnel Officer test fairly the qualifications of candidates. Physical and medical tests may be given as a part of any examination. B. In any examination the Personnel Officer may include, in addition to competitive tests, a qualifying test or tests, and set minimum standards therefore. C. Appointments shall be made by the City Council, the City Manager or by the officer in whom the power to make appointments is vested by law. D. When appointment is to be made to a vacancy in the competitive service, the City Manager shall transmit to the appointing power the names of all persons on the appropriate certified employment or promotional list, in the order in which they appear on the list. E. Special credits may be granted in meeting any qualification or in giving any test or the establishment of any employment or promotional list for service rendered to the City, in accordance with personnel rules adopted in accordance with Section 2. 72. 040. F. No person may be an applicant, or receive an appointment to the competitive or exempt service, who is a member of the immediate family of the appointing authority, a member of the immediate family of a member of the City Council, or a member of the immediate family of a department head. G. During the period of suspension of an employee or pending final action on proceedings to review suspension, demotion or dismissal of an employee, such vacancy may be filled by the appointing authority subject to the provisions of this article and the personnel rules. Prior Code 23- 11; Ord. No. 63- 17, Added 6/ 11/ 63; Ord. No. 70- 30, Amended 8/ 3/ 70; Ord. No. 74- 40, Amended 7/ 1/ 74)

Section 2. 72. 100 Probationary Period

A. All regular appointments, including promotional appointments, shall be for a probationary period of not less than six months; except, that as to any class of position, the rules may provide for an extension of the period for not more than an additional six months. During the probationary period, the employee may be rejected at any time without right of appeal or hearing. B. An employee rejected during the probationary period from a position to which he has been promoted shall be reinstated to the position from which he was promoted, unless he is dismissed from the City service as provided in this chapter and the personnel rules. C. An employee in the competitive service promoted or transferred to a position not included in the competitive service shall be reinstated to the position from which he was promoted or transferred if, within six months after such promotion or transfer, action is taken to reject or dismiss him, unless he is discharged in the manner provided in this chapter and the personnel rules for positions in the competitive service. Prior Code 23- 12; Ord. No. 63- 17, Added 6/ 11/ 63)

Section 2. 72. 110 Suspension Conditions

Any person holding a position or employment in the competitive service shall be subject

to disciplinary suspension, without pay, by the City Manager and without right of appeal, but

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such suspensions shall not exceed a total of thirty calendar days in any fiscal year. A department head not having power of appointment may make disciplinary suspensions in accordance with the rules. Prior Code 23- 13; Ord. No. 63- 17, Added 6/ 11/ 63)

Section 2. 72. 120 Abolition of Positions

A. Whenever in the judgment of the City Council it becomes necessary in the interest of economy or because the necessity for the position or employment involved no longer exists, the City Council may abolish any position or employment in the competitive service and lay off, demote or transfer an employee holding such position or employment without filing written charges and without the right of appeal. B. Seniority shall be observed in effecting such reduction in personnel and the order of layoff shall be in the reverse order of total cumulative time served in the City service upon the effective date of the layoff. Layoff shall be made within classes of position, and all provisional employees in the affected classes shall be laid off prior to the layoff of any probationary or permanent employee. C. For the purpose of determining order of layoff, total cumulative time shall include time served on military leave of absence. D. The names of probationary and permanent employees laid off shall be placed upon reemployment lists for classes which, in the opinion of the Personnel Officer, require basically the same qualifications and duties and responsibilities or those of the class of positions from which layoff was made. E. Names of persons laid off shall be placed upon reemployment lists in order of their competency, and shall remain on such lists for a period of two years unless reemployed sooner. For reemployment purposes, competency of a person laid off shall be determined by the head of the department in which such person worked. Prior Code 23- 14; Ord. No. 63- 17, Added 6/ 11/ 63)

Section 2. 72. 130 Discrimination Prohibited

All employees of the City and all persons seeking such employment shall be granted

equal employment opportunities and neither the City nor any recognized employee organization representing employees of the City shall violate or in any way fail to conform to the Fair Employment Practice Act of the State ( Part 4.5, Division 2, of the Labor Code, commencing with Section 1410) and all administrative regulations lawfully promulgated pursuant thereto, and Title VII of the Civil Rights Act of 1964 ( Subchapter VI, Chapter 21, of Title 42 of the United States Code, commencing with Section 2000e) and any and all administrative regulations lawfully promulgated pursuant thereto. Prior Code 23- 17; Ord. No. 63- 17, Added 6/ 11/ 63; Ord. No. 76- 55, Amended 1/ 10/ 77)

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Chapter 2. 76

Mobile Home Park Review Board

Sections:

2. 76. 010 Purpose
3. 76. 020 Establishment, Composition, and Additional Qualifications
4. 76. 040 Powers and Duties of the Mobile Home Park Review Board
5. 76. 060 Termination

Section 2. 76. 010 Purpose

A. The City Council has found and determined that mobile home parks within the

City are an important supply of housing for senior citizens and low and moderate income persons and families. However, residents of mobile home parks, as tenants, face certain disadvantages in their relationship with the owners of the mobile home parks, as landlords. Both the City Council of the City and the California State Legislature have determined it is necessary and proper for the protection of the health, safety and welfare of the citizens of the state and community to regulate certain aspects of the tenant- landlord relationship and other conditions within mobile home parks. Included among the regulations adopted by the California Legislature are the Mobile Home Residency Law, commencing with Government Code Section 798, and the various housing and other regulations included in Division 13 of the Health & Safety Code, commencing with Section 18000. B. For its part, the City of Vista has established a program of contractual obligations, known as the City of Vista " Don Olmstead" Mobile Home Park Accord Program, with owners of privately held mobile home parks within the City to encourage equitable treatment, fair dealing and an alternative " model lease agreement" between the owners and their tenants. An important element of the Don Olmstead Mobile Home Park Accord Program is the provision of a means for identifying and resolving disputes between residents and owners. Under the Accord agreements, the City Council has agreed to establish a " citizen review panel" to receive complaints from residents and owners regarding alleged violations of the Accord, and to seek to resolve such disputes. The establishment of the City of Vista Mobile Home Park Review Board is intended by the City Council to fulfill the obligation to establish a citizen review panel under the Accord Program. C. Repealed. ( Board as forum for resolving complaints and disputes). Ord. No. 96- 3, Enacted, 03/ 12/ 96; Ord. 97- 22, Amended, 01/ 13/ 98)

Section 2. 76. 020 Establishment, Composition, and Additional Qualifications

A. There is hereby established the Mobile Home Park Review Board of the City of Vista. The Mobile Home Park Review Board shall consist of three members. B. No person shall be appointed to the Board unless that person satisfies each of the following conditions: 1. The person shall be eligible to register as a qualified elector of the City of Vista; and 2. The person shall not have any property, financial or economic interest as an owner, lessee, or tenant in any mobile home park. Ord. No. 96- 3, Enacted, 03/ 12/ 96; Ord. 97- 22, Amended, 01/ 13/ 98; Ord. No. 2013- 15, Amended 6/ 11/ 13)

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Section 2. 76. 030 Qualifications of Members; Conflict of Interests

Ord. No. 96- 3, Enacted, 03/ 12/ 96; Ord. No. 2013- 15, Repealed 6/ 11/ 13) See VMC Chapter 2. 18

Section 2. 76. 040 Powers and Duties of the Mobile Home Park Review Board

The Board shall have the following powers and duties:
A. Repealed.
B. Rules of Procedure.
1. All complaints from residents, homeowners, tenants of mobile home

parks, or owners of mobile home parks shall be processed in the following manner: a. Each complainant shall file a written complaint with the opposing party prior to filing a complaint with the City. b. Each complaint shall be screened by a designated City employee. C. A designated City employee shall attempt to resolve the dispute between the parties at an administrative level. d. In the event the dispute cannot be resolved by the City employee, the complaint will be reviewed to determine whether it falls within the Board' s scope of

authority. e. Either party reserves the right to object to the City employee' s determination that the complaint is within the Board' s scope of authority. f. The complain process shall be considered privileged under California Evidence Code Sections 1152 and 1152. 5. 2. The Board may adopt such additional rules of procedure as it may deem necessary and proper for the conduct of its business. C. Investigations and Reports. The Board shall conduct such investigations and undertake such studies of conditions and circumstances related to mobile home parks within the City of Vista as the City Council may direct from time to time. The Board shall issue findings and reports on the results of its investigations and studies, along with its recommendations, to the City Council. D. Complaints and Hearings. 1. The Board is authorized to hear complaints filed with the City from residents, homeowners, tenants of mobile home parks and owners of mobile home parks which fall within one of the following categories: a. Offering of the Model Lease. b. Issues concerning rent, including, but not limited to, core rent, pass- through rent, rent increases, CPI calculations, and rent credit. C. Assignment of Model Leases. d. Failure of owners of mobile home parks to comply with the covenant of good faith and fair dealing with respect to the Accord or Model Lease. e. Unfair business practices with respect to leasing of spaces or dealing with residents of the mobile home park. f. Compliance with the Model Lease, not including park rules and regulations, except to the extent that such disputes regarding park rules and regulations rise to a level of an unfair business practice. 2. For the purpose of this section, the definitions for the following terms shall apply: a. Failing to comply with the covenant of good faith and fair dealing" shall mean any act or omission that deprives existing or prospective tenants of the benefits afforded under the Accord or Model Lease.

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b. Unfair business practices" shall mean any practice which offends an established public policy or is immoral, unethical, oppressive, unscrupulous, or substantially injurious to parties intended to be benefited by the Accord or Model Lease. 3. The Board shall consider all such complaints at hearings which provide due process to all parties to the complaints. Upon its own discretion, the Board may undertake such further investigations and inquiries as the Board deems proper and necessary. At the conclusion of its consideration, the Board shall issue its findings of fact and recommendations regarding any complaint. The Board shall have sole and absolute discretion with regard to the consideration and processing of any complaint, including the decision whether or not a follow- up investigation is warranted. E. Effect of Recommendations. The Board is vested with the authority to finally determine, on behalf of the City, whether or not a breach or violation of any term, condition, or obligation under the Accord or Model Lease, that are consequential to the Accord, or any other a party has, or may have occurred, and to determine thecontract to which the City is appropriate remedial action, if any to be undertaken by the City. F. Remedial Actions. Upon determination by the Board that a violation or breach of any agreement or contract to which the City is a party has occurred, the Board may pursue any of the following remedial actions: 1. Referral to appropriate enforcement authority of the State, City or other authority. 2. Referral of the parties to a third party dispute resolution process including, without limitation, third party mediation or assisted negotiation. 3. Referral to a legal ombudsman program, including any such program offered and administered by the City. 4. Recommendation directly to the parties involved in the complaint or dispute for a consensual resolution and agreement. The board' s access to remedies and recommended remedial actions, if warranted are neither intended nor shall it be deemed to supersede or displace the proper authority of any other authorized body, agency or office. G. Appropriations. The board shall operate within the limits of appropriations authorized from time to time by the City Council. The board shall have no authority to commit funds of the City in excess of authorized appropriations. Ord. No. 96- 3, Enacted, 03/ 12/ 96; Ord. 97- 22, Amended, 01/ 13/ 98; Ord. No. 2013- 15, Repealed 6/ 11/ 13)

Section 2. 76. 050 Staffing and Assistance

Ord. No. 96- 3, Enacted, 03/ 12/ 96; Ord. No. 2013- 15, Repealed 6/ 11/ 13) See VMC Chapter 2. 18

Section 2. 76. 060 Termination

This chapter shall terminate automatically and expire, the terms of each of the Board Members shall expire, and the Board shall cease to function and exist, on the date the Accord

expires. Ord. No. 96- 3, Enacted, 03/ 12/ 96; Ord. No. 2018- 13, Amended, 10/ 09/ 18)

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Chapter 3. 04

Tax Assessment and Collection

Sections:

3. 4. 010 Transfer of Duties to County

Section 3. 04. 010 Transfer of Duties to County

A. The assessment and tax collection duties performed by the City Assessor and Tax

Collector are transferred to the Assessor and Tax Collector of the county. B. The offices of City Assessor and Tax Collector are abolished. C. The duties of the City Assessor, other than the assessing of city property, and the duties of the Tax Collector, other than the collection of taxes, are transferred to and shall be performed by the City Clerk, or such officer of the county as may, by contract with the City, be designated and authorized to perform such duties.

Prior Code 29. 1; Ord. 63- 1, Added 1/ 28/ 63)

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Chapter 3.08

Purchasing System