ADMINISTRATION. Chapters

Transcription

1 TITLE II ADMINISTRATION Chapters 2.05 Supervisorial Districts 2.15 Repealed 2.25 Board of Supervisors' Meetings 2.30 Supervisors' Compensation Mileage and Benefits 2.33 Training of Supervisors-Elect 2.35 Office of Surveyor 2.40 Office of County Counsel 2.43 Qualifications of County Auditor 2.45 Office of Public Guardian 2.47 County Administrator 2.50 County Purchasing 2.53 Office of Clerk of the Board of Supervisors 2.54 Qualifications of the County Treasurer/Tax Collector 2.55 REPEALED 2.60 Consolidation of the Offices of Sheriff and Coroner 2.65 Consolidation of Offices of County Recorder and County Clerk 2.70 REPEALED 2.75 Continuity of Government in Cases of an Emergency 2.80 Workers' Compensation Inter-Governmental Fund 2.81 Liability Inter-Governmental Service Fund 2.82 Health Plan Inter-Governmental Service Fund 2.83 Unemployment Insurance Inter-Governmental Fund 2.84 General Insurance Inter-Governmental Service Fund 2.85 Two Year Validity for Pay Warrants 2.90 Immediate Payment of Certain Claims 2.91 Compensation for Trial Jurors 2.95 Procedure for Filing of Inventories of County Property Discrimination in the Use of County Facilities Regulating Public Use of the County Airport Law Library County Free Library Yuba County Library Advisory Commission Prison Labor County Jail - Work Furlough Program Juvenile Hall Schools Youth Guidance Center Corrections Training Fund Assessment Appeals Boards County Vehicles Grand Jurors 02/2409/089 1 of 71

2 Sections Authority Supervisorial District No Supervisorial District No Supervisorial District No Supervisorial District No Supervisorial District No. 5 CHAPTER 2.05 SUPERVISORIAL DISTRICTS - Maps Authority. Pursuant to Section of the Elections Code, and Title 42, Section 1973 of United States Code annotated, the boundaries of the Supervisorial Districts of the County of Yuba are altered and changed as set forth herein. (#611 as amended by #1283) Supervisorial District No. 1. SUPERVISORIAL DISTRICT NO. 1 shall consist of the territories bounded as follows: BEGINNING at the corner common to Sections 20, 21, 28 and 29, Township 15 North, Range 4 East, M.D.B.; THENCE northerly along the section line common to Sections 20 and 21 and its northerly projection into the New Helvetia Rancho to the centerline of Simpson-Dantoni Road; THENCE westerly along the centerline of Simpson-Dantoni Road to the centerline of Simpson Lane; THENCE southerly along the centerline of Simpson Lane to the centerline of the Linda Levee, being the Old Southern Pacific Railroad right of way spur; THENCE westerly along the Linda Levee centerline to the centerline of the Southern Pacific Railroad right of way (Marysville to Roseville line); THENCE northerly along the centerline of the Southern Pacific Railroad right of way to the southern corporate limits of the City of Marysville; THENCE southerly and westerly along the southern corporate limits of the City of Marysville to the western boundary of Yuba County; THENCE southerly along the western boundary of Yuba County to a point on the westerly projection of the southerly line of Lot 2 of Block 1 of the Farmland Colony No. 1 subdivision recorded in Book 1 of Maps at page 23, in the office of the Recorder of Yuba County, California; THENCE easterly along southerly line of Lot 2 and its projection and along the southerly line of Lot 1 of said Block 1 to the centerline of Feather River Boulevard; THENCE northerly along the centerline of Feather River Boulevard to the northerly line of Lot 9 of Block 36 of said Farmland Colony No. 1; THENCE easterly along the northerly line of Lot 9 to the centerline of the Union Pacific Railroad spur; THENCE northerly and easterly along said railroad spur to the centerline of Arboga Road; THENCE northerly along the centerline of Arboga Road to the centerline of Erle Road; THENCE easterly along the centerline of Erle Road to the southeast corner of the west half of the southwest quarter of Section 28 of said Township 15 North, Range 4 East; THENCE northerly along the easterly line of said west half to the northeast corner of said west half; THENCE westerly along the northerly line of said west half to the northwest corner of said southwest quarter; THENCE northerly along the west line of said Section 28 to the point of beginning. 02/2409/089 2 of 71

3 Supervisorial District No. 2. SUPERVISORIAL DISTRICT NO. 2 shall consist of the territories bounded as follows: BEGINNING at the southwest corner of the corporate limits of the City of Marysville, being located on the western boundary of Yuba County; THENCE northerly and easterly along the southerly and easterly corporate limits of the City of Marysville to the centerline of the Yuba River; THENCE northerly along the centerline of the Yuba River to a point on the southerly projection of the westerly line of Parcel 4 described in deed to Yuba River Farms, Inc., recorded October 10, 1991, at Document No , Official Records of Yuba County California; THENCE northerly along said westerly line and its projection to the northwest corner of said Parcel 4; THENCE northwesterly to the most southerly corner of Parcel 1 of Parcel Map 9.11, which map was filed in Book 29 of Maps at page 16 in the Office of the Recorder of Yuba County; THENCE northerly along the easterly and northerly lines of said Parcel 1 to the most southerly corner of the Remainder parcel as shown on said parcel map; THENCE northerly to the most easterly corner of said Remainder parcel; THENCE northwesterly along the northeasterly line of said Remainder parcel and its projection to the centerline of State Highway 20; THENCE southerly along the centerline of State Highway 20 to the northerly corporate limits of the City of Marysville; THENCE westerly along the northerly corporate limits of the City of Marysville to the centerline of the Southern Pacific Railroad right of way (Marysville to Gridley line); THENCE westerly along the centerline of the Southern Pacific Railroad right of way to the western boundary of Yuba County; THENCE southerly along the western boundary of Yuba County to the point of beginning Supervisorial District No. 3. SUPERVISORIAL DISTRICT NO. 3 shall consist of the territories bounded as follows: BEGINNING at the centerline intersection of Erle Road and Arboga Road; THENCE easterly along the centerline of Erle Road to the centerline of the Southern Pacific Railroad right of way (Marysville to Roseville line); THENCE southerly along the centerline of the Southern Pacific Railroad to the southerly line of Section 4, Township 14 North, Range 4 East, M.D.B.; THENCE westerly along the southerly line of said Section 4 to the centerline of State Highway 65; THENCE southerly along the centerline of State Highway 65 to the northeasterly projection of the southeasterly line of that certain parcel of land described in deed to Richard A. Sebo, et ux, recorded July 6, 1993, at Document No , Official Records of Yuba County, being also Assessors Parcel Number ; THENCE southwesterly along said southeasterly line and its projection to the most southerly corner of said Sebo parcel, said point being an angle point on the boundary line of that certain parcel of land described in Parcel 1 of deed to Julio J. Moreno, et ux, recorded November 23, 1987, in Book 924 of the Official Records of Yuba County at page 26; THENCE westerly and southerly along said boundary line of said Parcel 1 to the northerly line of the Ostrom Tract, the map of which is recorded in Book 1 of Maps at page 22; THENCE westerly along said northerly line of the Ostrom Tract to the centerline of State Highway 70; THENCE southerly along the centerline of State Highway 70 to the southern boundary of Yuba County; THENCE southwesterly along southern boundary of Yuba County to the most southern corner of Yuba County; THENCE northerly along the western boundary of Yuba County to a point on the westerly projection of the southerly line of Lot 2 of Block 1 of the Farmland Colony No. 1 subdivision recorded in Book 1 of Maps at page 23, in the office of the Recorder of Yuba County, California; THENCE easterly along said southerly line of Lot 2 and its projection and along the southerly line of Lot 1 of said Block 1 to the centerline of Feather River Boulevard; THENCE northerly along the centerline of Feather River Boulevard to the northerly line of Lot 9 of Block 36 of said Farmland Colony No. 1; THENCE easterly along the northerly line of Lot 9 02/2409/089 3 of 71

4 to the centerline of the Union Pacific Railroad spur; THENCE northerly and easterly along said railroad spur to the centerline of Arboga Road; THENCE northerly along the centerline of Arboga Road to the centerline of Erle Road and the point of beginning Supervisorial District No. 4. SUPERVISORIAL DISTRICT NO. 4 shall consist of the territories bounded as follows: BEGINNING at the intersection of the centerline of State Highway 70 and the southern boundary of Yuba County; THENCE northeasterly along the southern boundary of Yuba County to the southeast corner of Yuba County; THENCE northerly along the eastern boundary of Yuba County to the northerly line of Section 2, Township 14 North, Range 6 East, M.D.M.; THENCE westerly along the northerly line of Sections 2, 3 and 4 of said township to the northwest corner of Section 4; THENCE southerly along the westerly line of Section 4 to a point on a line which bears East from the intersection of the centerlines of Garyanna Drive and Grand Drive located within Beale Air Force Base; THENCE West to said road intersection; THENCE northerly along the centerline of Garyanna Drive to the centerline of Camp Beale Highway; THENCE southerly along the centerline of Camp Beale Highway to the centerline of Sixth Street; THENCE westerly along the centerline of Sixth Street to the southeast corner of Section 36, Township 15 North, Range 5 East, M.D.M.; THENCE northerly along the easterly line of Section 36 and Section 25 of said township to the northeast corner of Section 25; THENCE westerly along the northerly line of Section 25 and Section 26 of said township to the southeast corner of Section 22 of said township; THENCE northerly along the easterly line of Section 22 to the northeast corner of Section 22; THENCE westerly along the northerly line of Section 22 and Section 21 of said township to the southeast corner of Section 17 of said township; THENCE northerly along the easterly line of Section 17 and Section 8 of said township to the centerline of Hammonton-Smartville Road; THENCE southwesterly along the centerline of Hammonton-Smartville Road to the easterly line of Section 7 of said township; THENCE northerly along the easterly line of Section 7 to the northeast corner of Section 7; THENCE westerly along the northerly line of Section 7 to the southwest corner of Section 6 of said township; THENCE northerly along the westerly line of Section 6 to the northwest corner of Section 6, being located on the 3 rd Standard Parallel North; THENCE easterly along the northerly line of Section 6 to the southeast corner of Section 36, Township16 North, Range 4 East, M.D.M.; THENCE northerly along the easterly line of Section 36 and Section 25 of said township, as projected into the Honcut Rancho, to the southeast corner of Parcel 39 described in deed to California Lands, Inc., recorded November 30, 1930, in Book 13 of the Official Records of Yuba County at page 52; THENCE westerly along the southerly line of the California Lands parcel to the westerly line of said Section 25; THENCE northerly along the westerly line of said Section 25 to the centerline of State Highway 20; THENCE westerly along the centerline of State Highway 20 to the centerline of Loma Rica Road; THENCE northerly along the centerline of Loma Rica Road to the centerline of Iowa City Road; THENCE westerly along the centerline of Iowa City Road to the centerline of Fruitland Road; THENCE northerly along the centerline of Fruitland Road to the centerline of Honcut Road; THENCE northerly along the centerline of Honcut Road to the northern boundary of Yuba County; THENCE westerly and southerly along the northern and western boundaries of Yuba County to the Southern Pacific Railroad right of way (Marysville to Gridley line); THENCE easterly along the centerline of the Southern Pacific Railroad to the northern corporate limits of the City of Marysville; THENCE northerly and easterly along the northern corporate limits of the City of Marysville to the centerline of State Highway 20; THENCE along the centerline of State Highway 20 to a point on the northwesterly projection of the northeasterly line of the Remainder parcel shown on Parcel Map 9.11, which map was filed in Book 29 of Maps at page 16 in the Office of the Recorder of Yuba County; THENCE easterly along the northeasterly line of said Remainder parcel and its projection to the most easterly corner of said Remainder parcel; THENCE southerly 02/2409/089 4 of 71

5 along the easterly line of said Remainder parcel to the most southerly corner of said Remainder parcel, being also located on the northerly line of Parcel 1 of said parcel map; THENCE easterly and southerly along the northerly and easterly lines of said Parcel 1 to the most southerly corner of Parcel 1; THENCE easterly to the northwest corner of Parcel 4 described in deed to Yuba River Farms, Inc., recorded October 10, 1991, at Document No , Official Records of Yuba County California; THENCE southerly along the westerly line of the Yuba River Farms parcel and its southerly projection to the centerline of the Yuba River; THENCE southerly along the centerline of the Yuba River to the easterly corporate limits of the City of Marysville; THENCE southerly along the easterly corporate limits of the City of Marysville to the centerline of the Southern Pacific Railroad right of way (Marysville to Roseville); THENCE southerly along the centerline of the Southern Pacific Railroad right of way to the centerline of the Old Southern Pacific Railroad spur to Dantoni; THENCE northeasterly along the centerline of the Old Southern Pacific Railroad spur and the Linda Levee to the centerline of Simpson Lane; THENCE northwesterly along the centerline of Simpson Lane to the centerline of Simpson-Dantoni Road; THENCE easterly along the centerline of the Simpson-Dantoni Road to the northerly projection of the section line common to Sections 20 and 21, Township 15 North, Range 4 East, M.D.M. into the New Helvetia Rancho; THENCE southerly along the section line common to Sections 20 and 21 and to Sections 28 and 29 of said township to the northwest corner of the southwest quarter of Section 28; THENCE easterly along the northerly line of said southwest quarter to the northeast corner of the west half of the southwest quarter of Section 28; THENCE southerly along the easterly line of the west half of the southwest quarter of Section 28 to the centerline of Erle Road; THENCE westerly along the centerline of Erle Road to the centerline of the Southern Pacific Railroad right of way; THENCE southerly along the centerline of the Southern Pacific Railroad right of way to the southerly line of Section 4, Township 14 North, Range 4 East, M.D.B.; THENCE westerly along the southerly line of said Section 4 to the centerline of State Highway 65; THENCE southerly along the centerline of State Highway 65 to the northeasterly projection of the southeasterly line of that certain parcel of land described in deed to Richard A. Sebo, et ux, recorded July 6, 1993, at Document No , Official Records of Yuba County, being also Assessors Parcel Number ; THENCE southwesterly along said southeasterly line and its projection to the most southerly corner of said Sebo parcel, said point being an angle point on the boundary line of that certain parcel of land described in Parcel 1 of deed to Julio J. Moreno, et ux, recorded November 23, 1987, in Book 924 of the Official Records of Yuba County at page 26; THENCE westerly and southerly along said boundary line of said Parcel 1 to the northerly line of the Ostrom Tract, the map of which is recorded in Book 1 of Maps at page 22; THENCE westerly along said northerly line of the Ostrom Tract to the centerline of St Supervisorial District No. 5. Supervisorial District No. 5 shall consist of the territory bounded as follows: BEGINNING at the most northerly corner of Yuba County, being the corner common to Yuba and Sierra County on the southerly boundary of Plumas County; THENCE southerly along the easterly boundary of Yuba County to the northerly line of Section 2, Township 14 North, Range 6 East, M.D.M.; THENCE westerly along the northerly line of Sections 2, 3 and 4 of said township to the northwest corner of Section 4; THENCE southerly along the westerly line of Section 4 to a point on a line which bears East from the intersection of the centerlines of Garyanna Drive and Grand Drive located within Beale Air Force Base; THENCE West to said road intersection; THENCE northerly along the centerline of Garyanna Drive to the centerline of Camp Beale Highway; THENCE southerly along the centerline of Camp Beale Highway to the centerline of Sixth Street; THENCE westerly along the centerline of Sixth Street to the southeast corner of Section 36, Township 15 North, Range 5 East, M.D.M.; THENCE northerly along the easterly line of Section 36 and Section 25 of said 02/2409/089 5 of 71

6 township to the northeast corner of Section 25; THENCE westerly along the northerly line of Section 25 and Section 26 of said township to the southeast corner of Section 22 of said township; THENCE northerly along the easterly line of Section 22 to the northeast corner of Section 22; THENCE westerly along the northerly line of Section 22 and Section 21 of said township to the southeast corner of Section 17 of said township; THENCE northerly along the easterly line of Section 17 and Section 8 of said township to the centerline of Hammonton-Smartville Road; THENCE southwesterly along the centerline of Hammonton-Smartville Road to the easterly line of Section 7 of said township; THENCE northerly along the easterly line of Section 7 to the northeast corner of Section 7; THENCE westerly along the northerly line of Section 7 to the southwest corner of Section 6 of said township; THENCE northerly along the westerly line of Section 6 to the northwest corner of Section 6, being located on the 3 rd Standard Parallel North; THENCE easterly along the northerly line of Section 6 to the southeast corner of Section 36, Township16 North, Range 4 East, M.D.M.; THENCE northerly along the easterly line of Section 36 and Section 25 of said township, as projected into the Honcut Rancho, to the southeast corner of Parcel 39 described in deed to California Lands, Inc., recorded November 30, 1930, in Book 13 of the Official Records of Yuba County at page 52; THENCE westerly along the southerly line of the California Lands parcel to the westerly line of said Section 25; THENCE northerly along the westerly line of said Section 25 to the centerline of State Highway 20; THENCE westerly along the centerline of State Highway 20 to the centerline of Loma Rica Road; THENCE northerly along the centerline of Loma Rica Road to the centerline of Iowa City Road; THENCE westerly along the centerline of Iowa City Road to the centerline of Fruitland Road; THENCE northerly along the centerline of Fruitland Road to the centerline of Honcut Road; THENCE northerly along the centerline of Honcut Road to the northern boundary of Yuba County; THENCE easterly and northerly along the northern boundary of Yuba County to the point of beginning. (#1283) 02/2409/089 6 of 71

7 CHAPTER 2.15 YUBA COUNTY MUNICIPAL COURT JUDICIAL DISTRICT (Repealed By Ordinance No. 1405) CHAPTER 2.25 BOARD OF SUPERVISORS MEETINGS Sections Board Meetings Calendar Months With 5 Tuesdays Cancellation of Regular Meetings Appeals to the Board of Supervisors Board Meetings. The regular meetings of the Board of Supervisors of the County of Yuba shall be held each Tuesday of every calendar month at 9:30 a.m. except on the first Tuesday of each month such meetings shall commence at 6:00 p.m. All such meetings where action may be taken shall be held in the chambers of the Board of Supervisors located at the Yuba County Government Center, 915 8th Street, Marysville, California. Each meeting may be continued from time to time until final adjournment. Any regular meeting of the Board of Supervisors that falls upon a holiday or Election day is cancelled. There shall be no regular meeting of the Board of Supervisors in any County work week having two County holidays. By a three-fifths vote of the Board, regular meetings may be cancelled. (#589, as amended by #983, #984, #1081, #1213, #1350, and #1378) Calendar Months With 5 Tuesdays. Notwithstanding section , no regular meeting of the Board of Supervisors of the County of Yuba shall be held on the 5th Tuesday occurring in any calendar month. (#1161) Cancellation of Regular Meetings. Notwithstanding Section , the Chairperson of the Board of Supervisors or a majority of the Board of Supervisors may cancel a regular meeting of the Board of Supervisors. Cancellation as provided in this section is limited to no more than two regular meetings scheduled in the same month. Cancellation shall occur at a regularly scheduled meeting of the Board or by the Chairperson of the Board of Supervisors at any time. Notice of the cancellation of a regular meeting shall be given in the same manner as notice of the holding of a regular meeting is given. Action by the Chairperson of the Board of Supervisors to cancel a regularly scheduled meeting or meetings may be overridden by a fourfifths vote of the Board of Supervisors taken at a regularly scheduled meeting of the Board of Supervisors. (#1280, as amended by Ord. #1378) Appeals to the Board of Supervisors Unless otherwise specifically provided by California Law; or by another Ordinance section; or a County Department's, Committee's, or Commission's appeals procedures, all appeals to the Board of Supervisors of a decision, action, or hearing that was initially heard by a County Board, Committee, or Commission which maintains a record of the proceeding held before its Board, Committee, or Commission, shall be limited to the record from which it was appealed and shall not be a hearing de novo. (#1280, as amended by #1378, #1394) Page 7 of 71

8 CHAPTER 2.30 SUPERVISOR'S COMPENSATION, MILEAGE AND BENEFITS Sections Purpose Authority Salary Insurance and Retirement Benefits Mileage Inspection of County roads Purpose. The purpose of this ordinance is to provide for and pay adequate compensation to all members of the Board of Supervisors of Yuba County. (#652) Authority. The Authority for this ordinance is Article 11, Section 1(b) of the Constitution of the State of California, and of the Government Code. (#652) Salary. (a) Salary. Effective December 1, 2006, the salary of each member of the Board of Supervisors compensation package is hereby ordained to be $ per month. (as amended by #1361, 1388) (b) Subsequent to January 1, 2003, the salary of each member of the Board of Supervisors shall increase in the same percentage and at the same time as the salaries of Superior Court Judges are increased by the State of California. (#652 as amended by #669, #940, #966, #987, #1011, #1032 #1056, #1195 and #1307) Insurance and Retirement Benefits. Each member of the Board of Supervisors shall also be provided with such group, health and life insurance benefits and retirement benefits as are provided to County employees and County department heads. (#652) Mileage. Each member of the Board of Supervisors, while attending to the business of the County outside of the geographical boundaries of the County, shall receive mileage allowance for the actual use and operation of a privately-owned vehicle at a rate to be set by resolution of the Board; provided, however: (a) Commencing with the beginning of the Yuba County fiscal year , each member of the Board shall be entitled to receive the sum of $ per calendar month for in-county travel related to his/her duties as a member of the Board. This sum includes any and all amounts which may be payable pursuant to Section 2010 of the California Streets and Highways Code. (#1356) (b) No member of the Board of Supervisors shall be entitled to mileage allowance for any travel for which such member receives compensation under the provisions of 2010 of the Streets and Highways Code. (#596 as amended by #720, #932, and #1053) DELETED (#1053) CHAPTER 2.33 Page 8 of 71

9 TRAINING OF SUPERVISORS-ELECT Sections General Authority Approval by Board of Supervisors Procedure General Authority. Pursuant to the authority of Government Code and upon request of a supervisor-elect, county general fund monies may be used prior to the assumption of office by that supervisorelect, for the training and orientation of the supervisor-elect including the payment of course fees, travel and per diem expenses, course materials and consultant fees. (#847) Approval by Board of Supervisors. Such training and orientation programs, and expenses therefore, shall be those the Board deems proper and beneficial to the exercise of Supervisorial duties by newly elected supervisors. (#847) Procedure. In order to receive such funds, the supervisor-elect shall: (a) Make a formal request of the Board of Supervisors (b) Receive approval of such request by the Board. (c) Comply with the County policies and procedures relative to similar monies for members of the Board of Supervisors. (#847) Sections Appointive Method of Appointment CHAPTER 2.35 OFFICE OF SURVEYOR Appointive. Pursuant to of the Government Code, the Office of Surveyor is declared an appointive office. (#191) Method of Appointment. The Board of Supervisors shall fill the Office of Surveyor by appointment by a majority vote. (#191) Page 9 of 71

10 CHAPTER 2.40 OFFICE OF COUNTY COUNSEL Sections Creation of Position Qualifications, Appointment, Removal and Compensation Duties Creation of Position. There is hereby created the position of County Counsel pursuant to of the Government Code. (#264) Qualifications, Appointment, Removal and Compensation. The County Counsel shall be an active member of the State Bar of California and shall be appointed by a majority of the Board of Supervisors at a salary to be determined by resolution of the Board. The term of office and conditions for removal shall be as prescribed in of the Government Code. If not a County resident on the date of selection, he or she shall establish residence in Yuba County effective upon date of his or her appointment and shall maintain a physical and legal residence within Yuba County. (#264) Duties. The County Counsel shall: (a) Discharge all the duties vested by law in the district attorney other than those of public prosecutor, as prescribed by of the Government Code. (b) Attend all meetings of the Board of Supervisors and receive assignments from the Board. (c) Render legal opinions in writing and orally in response to requests from County officers and department heads. (d) Draft contracts, leases, deeds, ordinances, resolutions, and other legal instruments for the Board of Supervisors, departments and special districts of the County. (e) Prosecute legal actions on behalf of, and defend actions against, the County and its subdivisions before courts of origin, appellate courts, and various administrative bodies. (f) Attend meetings of boards and commissions. (g) Analyze legislation affecting the County of Yuba during state legislative sessions and advise the Board as to the intent of proposed legislation, and represent the Board at the State Legislature as directed by the Board. (#264) Page 10 of 71

11 CHAPTER 2.43 OFFICE OF COUNTY AUDITOR Sections Qualifications for Office Persons Exempted Qualifications For Office. No person shall hereafter be elected or appointed to the office of County Auditor of the County of Yuba unless: a. He or she possesses a valid certificate issued by the California State Board of Accountancy under the provisions of Chapter 1, Division 3 of the Business and Professions Code showing him or her to be, and a permit authorizing him or her to practice as, a certified public accountant or as a public accountant; or b. He or shw possesses a valid certificate or diploma of graduation from a school of accountancy; or c. He or she has served as county auditor or as deputy county auditor for a continuous period of not less than three years. (#298) Persons Exempted. The provisions of hereof shall not apply to any person duly elected or appointed as County Auditor and actually serving as such officer on the effective date of this Ordinance, and such person shall be deemed to be eligible to hold and to be re-elected to, said office, notwithstanding the provisions of (#298) Page 11 of 71

12 CHAPTER 2.45 OFFICE OF PUBLIC GUARDIAN Sections Office of Public Guardian Created Powers and Duties of Public Guardian Appointment of Public Guardian Creation of Subordinate Positions Compensation Office of Public Guardian Created. Pursuant to the provisions of 8000, et seq., of the California Welfare and Institutions Code, there is hereby created within the County of Yuba the Office of Public Guardian. (#292) Powers and Duties of Public Guardian. The Public Guardian shall have such powers and duties as are prescribed by the applicable provisions of the California Welfare and Institutions Code which pertain to the Office of Public Guardian. (#292) Appointment of Public Guardian. The Public Guardian shall be appointed by the Board of Supervisors and shall exercise the authority of that office until the termination of his or her office upon order of the Board. (#292) Creation of Subordinate Positions. The Public Guardian may appoint such Deputy Public Guardians as may be necessary to enable the Public Guardian to properly prosecute and perform the powers and duties of his or her office. (#292) Compensation. Compensation for performance of services as Public Guardian or Deputy Public Guardian shall be such compensation as may be fixed by the Board of Supervisors of the County of Yuba and allowed by the budget adopted by the Board of Supervisors for the Public Guardian s Office. (292) Page 12 of 71

13 CHAPTER 2.47 COUNTY ADMINISTRATOR Sections Purpose Appointment of County Administrator Removal of the County Administrator Qualifications Power and Duties of the County Administrator Appointment and/or Removal of Subordinates Bond Compensation Vacancy Purpose: The purpose of this chapter is to establish the position of County Administrator and to define the nature, duties, and responsibilities of the position. (#804 amended by #1262) Appointment of County Administrator: The County Administrator shall be appointed by majority vote of the County Board of Supervisors for an indefinite term. The administrator shall be chosen by the Board of Supervisors solely on the basis of executive and administrative qualifications with special reference to actual experience in or knowledge of accepted practice in respect to the duties of the office hereinafter set forth. No Board of Supervisors member shall receive such appointment, permanent or interim, during the term for which the Board member shall have been elected nor within one year after the expiration of the member s term or resignation. (#804 amended by #1262 and #1298) Removal of the County Administrator: The County Board of Supervisors may remove the County Administrator at any time, with or without cause, by a majority vote of its members. If requested in writing by the County Administrator and delivered within five (5) days after receiving notice of removal, a public hearing shall be granted by the Board of Supervisors within 30 days following notice of removal. During the interim, the Board of Supervisors may suspend the Administrator from duty, but shall continue the Administrator s salary and, if the removal becomes final, shall pay said salary for the three calendar months following the final removal date or as otherwise provided by a contract made pursuant to section hereof. (#804 amended by #1298) Qualifications: The County Administrator shall have sufficient training and experience in a responsible managerial and administrative position which demonstrates executive and administrative skills and possession of the following knowledge and abilities: thorough knowledge of modern principles of public administration, organization, and management; thorough knowledge of administrative survey principles and techniques; wide knowledge of the principles and practices of survey principles and techniques; wide knowledge of the principles and practices of governmental budgeting; knowledge of the powers, limitations, organization, methods, and financial problems of County government; wide knowledge of the principles of effective public relations; knowledge of the Federal and State programs applicable to local government; ability to analyze and make recommendations on administrative and technical problems; ability to interpret, explain, and apply applicable laws, rules and regulations; ability to plan, organize, direct, and evaluate the work of others; ability to prepare and present comprehensive reports and recommendations; ability to establish and maintain effective relationships with public officials, administrators, employees, and the public, demonstrated skills in coordinating the activities of administrative officials while encouraging their development and administrative ability. The Administrator shall be a person of demonstrated administrative and executive Page 13 of 71

14 ability as shown by at least five (5) years of public management experience prior to appointment as County Administrator. (#804 amended by #1298) Power and Duties of the County Administrator: The County Administrator shall be the chief administrative officer of the County, may head one or more departments, and shall be responsible to the County Board of Supervisors for the proper administration of all affairs of the County. To that end, the administrator shall have the power and shall be required to: (a) Coordinate the work of all elective and appointive County offices, departments, and institutions in such matters which are the concern and responsibility of the Board of Supervisors. The Administrator may undertake any study or investigation the Administrator believes are necessary or desirable and shall make any study or investigation the Board requests. The Administrator shall make recommendations to the Board which the Administrator believes will result in greater efficiency and economy in the administration of County affairs. To enable the Administrator to carry out such responsibilities, the Administrator may require reasonable and appropriate reports from any County officer, department head, agency head, or institution head. (#1298) (b) Except for those employees, personnel and County officers appointed for a term of office by law, the County Administrator shall appoint, terminate, suspend, demote or otherwise discipline appointed Agency and Department Heads including the following Department Heads within the Community Development and Services Agency, except as to those positions filled at the time of adoption of this Ordinance by employees entitled to rights under Chapter 3.05 of the Yuba County Ordinance Code: Director of the Planning Department and Director of Public Works.. The Administrator shall consult with the Board, in closed session, prior to appointing, terminating, suspending or demoting a Department Head. Any such closed session shall be noticed, and otherwise conducted in accordance with applicable law and County ordinances. (#1298) (c) Recommend an annual County budget, review departmental budget requests with the persons filing the requests, and enter recommendations for each departmental budget along with the request. The Administrator shall review the revenue estimates of the County Auditor-Controller. After the final County budget has been adopted by the Board, the County Administrator shall administer the budget and exercise budgetary control as directed by the Board. (#1298) (d) Keep the Board of Supervisors advised of the financial condition and future needs of the County, and make such recommendations as may be deemed desirable. (e) Recommend to the Board of Supervisors a standard schedule of pay for each appointive department head position in the County service, including minimum, intermediate, and maximum rates. (f) Recommend to the Board of Supervisors from time to time, adoption of such measures as may be deemed necessary or expedient for the health, safety, or welfare of the community or for the improvement of administrative services. (g) Consolidate, separate or combine offices, positions, departments, or units under the Administrator s jurisdiction with the approval of the County Board of Supervisors. (#1298) (h) Attend all meetings of the County Board of Supervisors, unless excused there from, and take part in the discussion of all matters before the Board of Supervisors. The Administrator shall be entitled to prior notice of all regular and special meetings of the Board of Supervisors. (#1298) Page 14 of 71

15 (i) Investigate the affairs of the County or any agency, department or division thereof. Investigate all complaints in relation to matters concerning the administration of the government of the County and see that all franchises granted by the County are faithfully observed. (j) Prepare a draft evaluation of each appointed County agency or department head s job performance except the County Counsel, on an annual or as-needed basis as directed by Board policy. For those department heads working under the direction of an agency director, the County Administrator will consult with the Agency Director about the Department Head s job performance, and may elect to delegate the preparation of the evaluation to the Agency Director. (#1298) (k) The County Administrator shall coordinate development of the County s annual legislative platform and its legislative advocacy efforts. (l) Review all documents prior to agendizing for any special and/or regular meetings of the Board of Supervisors. The Administrator may make recommendations to the Chair of the Board of Supervisors concerning the endorsement of or opposition to any proposed agenda items. If, in the opinion of the County Administrator and the Board Chair, an item is inappropriate for consideration or is inadequately prepared, it shall not be agendized but returned immediately to the person who submitted it with the reason for rejection. Any Board member may agendize any item, provided Board rules and procedures are complied with. (#1298) (m) Perform such other duties as may be required by the Board of Supervisors, not inconsistent with the law or County ordinances, and may delegate functions to appropriate staff. (#804 amended by #1298) Appointment and/or Removal of Subordinates: Neither the Board of Supervisors nor any of its members shall direct or request the appointment of any person to or removal from office by the County Administrator or any of the Administrator s subordinates, or in any manner take part in the appointment or removal of officers and employees of the County. Except for the purpose of inquiry, the Board of Supervisors and its members shall deal with the administration of County affairs solely through the County Administrator or his/her designee and neither the Board of Supervisors nor any member thereof shall give any order or direction to any subordinates of the County Administrator, either publicly or privately. This section does not apply to County Counsel as County Counsel is responsible directly to the Board. (#804 amended by #1298) Bond: The County Administrator shall furnish a surety bond to be approved by the Board of Supervisors, said bond to be conditioned on the faithful performance of all the Administrator s duties. The premium of the bond shall be paid by the County. (#804 amended by #1262) Compensation: The County Administrator shall receive such compensation as the Board of Supervisors shall fix from time to time by ordinance, resolution or contract. (#804 amended by #1298) Vacancy: Any vacancy in the Office of the County Administrator shall be filled within 60 days after the effective date of such vacancy. (#804 amended by #1262) Page 15 of 71

16 CHAPTER 2.50 COUNTY PURCHASING ARTICLE I PURCHASING AGENT AND PROCEDURES Sections Purpose Office Established Purchasing Policies General Duties Availability of Funds Surplus Property Pooled Equipment ARTICLE II ALTERNATIVE BIDDING PROCEDURE Alternative Competitive Bidding Procedure/Requirements ARTICLE III UNCLAIMED PROPERTY Exemptions From Centralized Purchasing Responsible Department Holding Period Protection of Property Restitution Transfer to Purchasing Agent Public Use Sale of Unclaimed Property Records Authority Disposal of Toys or Bicycles ARTICLE IV ARTICLE I Page 16 of 71

17 PURCHASING AGENT AND PROCEDURES Purpose. The purpose of this chapter is to establish the office of Purchasing Agent in accordance with section of the California Government Code, and to set forth the purchasing policies of the County as required by sections and of the California Government Code. (#807 as amended by #1259) Office Established. The office of Purchasing Agent of the County of Yuba is hereby established; and the Director of the Administrative Services Department is designated as the Purchasing Agent. (#807 as amended by #1259) Purchasing Policies. The Board of Supervisors, by a resolution of the Board of Supervisors, shall from time to time adopt and amend a Yuba County Purchasing and Contract Policy Manual, and the purchasing policies set forth therein are hereby incorporated into this ordinance as the Purchasing Policies and Regulations of the County of Yuba. The following sections of the Yuba County Purchasing and Contract Policy Manual are changed to reflect the increase in dollar amount for approval by Purchasing Agent to engage independent contractors, other than public works engineering, to perform services for the County to not to exceed fifty thousand dollars ($50,000) in accordance with Section of the California Government Code: Section 2.1(b), Section 2.2(i), Section 2.3(a), Section 2.4(a), Section 4.7, Section 13.2(i), Section 13.3(j), Section 13.3(k), Section 13.4(f), and Section 13.4(g). (#807 as amended by #1259, #1370, #1456) General Duties. The Purchasing Agent shall have the duties and powers prescribed by this chapter, the Yuba County Purchasing and Contract Policy Manual, and the laws of the State of California relating to county purchasing agents. The Purchasing Agent shall appoint such deputies, assistants and other employees as shall from time to time be authorized by the Board of Supervisors. The Purchasing Agent shall furnish the Board of Supervisors with such reports and information as the Board may from time to time require, and shall establish methods and procedures necessary for the proper functioning of the purchasing division of the Administrative Services Department in an efficient and economical manner. (#870 as amended by #1259) Availability of Funds. The head of each County agency, department, office, or institution shall be responsible for the availability of funds in his or her budget for making any expenditure or incurring any liability for procurement actions for such agency, department, office, or institution. (#807 as amended #1259) Surplus Property. Any item of property of the value of less than $1000 in the possession or charge of any County agency, department, office or institution may be declared surplus by the head of such agency, department, office, or institution. All items of personal property of the value of $1000 or more shall be declared surplus only by the Board of Supervisors. The Purchasing Agent shall dispose of surplus property in accordance with law and in a manner that in his or her judgment will return the highest value to the County. Page 17 of 71

18 If, after a sale of surplus property one or more items of unclaimed property remain unsold, the Purchasing Agent may, in his or her discretion (a) retain such items for future sale in accordance with this article, or (b) destroy such items, or (3) dispose of such items by offering them to any educational, fraternal, civic, or charitable organization or other public or nonprofit entity. All proceeds from any sale or sales conducted in accordance with this chapter shall forthwith be deposited in the County Treasury in accordance with law. (#807 as amended by #912, #1020 and #1259) Pooled Equipment. The Purchasing Agent shall maintain a pool of extra equipment and furniture declared surplus and shall make it available to any County agency, department, office, or institution having a need therefor. (#807 as amended by #1259) Procedure/Requirements ARTICLE II ALTERNATIVE BIDDING PROCEDURE Procedure/Requirements. As an alternative to any other bidding requirements set forth by law or in the Yuba County Purchasing and Contract Manual, the following method of competitive bidding may be utilized. (a) In accordance with section 22032(a) of the California Public Contract Code, public projects of $30,000 or less may be performed by County employees by force account, by negotiated contract, or by purchase order. (b) Public projects of $125,000 or less may be let to contract by informal procedures as set forth in Section 22032, et seq., of the Public Contract Code, provided: 1. A list of contractors shall be developed and maintained in accordance with the provisions of Section of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission. 2. Where a public project is to be performed which is subject to the provisions of this ordinance, a notice inviting informal bids shall be mailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with section (b)(1), and to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Section of the Public Contract Code. Additional contractors/and or construction trade journals may be notified at the discretion of the department soliciting bids; provided, however, if the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors. 3. In accordance with Section (e) of the California Public Contract Code the Page 18 of 71

19 authority to award informal public projects contract of 125,000 or less by informal procedures pursuant to this Article is delegated to the Yuba County Public Works Director, County Administrative Officer or County Purchasing Agent. (c) Public projects of more than $125,000 shall, except as provided in subdivision (d), be let to contract by formal bidding procedures as set forth in Section of the Public Contract Code. (d) If all bids received are in excess of $125,000 the Board of Supervisors may, by adoption of a resolution by a four-fifths vote, award the contract at $137,500 or less to the lowest responsible bidder, if it determines the cost estimate of the county department was reasonable. (e) In its discretion, the county may reject any bids presented. If, after the first invitation for bids, all bids are rejected, after reevaluating its cost estimates of the project, the County shall have the option of either of the following: 1. Abandoning the project or re-advertising for bids. 2. By passage of a resolution by four-fifths vote of the Board of Supervisors declaring that the project can be performed more economically by County employees, the project may be done by force account without further compliance with this Article. (f) If a contract is awarded, it shall be awarded to the lowest responsible bidder. If two or more bids are the same and lowest, the County may accept the one it chooses. (g) If no bids are received through the formal or informal procedure, the project may be performed by County employees by force account or negotiated contract without further compliance with this Article. (#807 as amended by #942, #1070, #1135, #1259 and #1362, #1420) ARTICLE III Exemptions From Centralized Purchasing. Except as otherwise set forth in the Yuba County Purchasing and Contract Manual, the following are exemptions to the centralized purchasing policies of the County: (a) Master Purchase Agreements. The Purchasing Agent may authorize in writing any department to purchase or contract for certain specified classes of supplies, materials, equipment or contractual services where purchases are subject to master purchase agreements or contracts, or where purchases can be made more expeditiously than by requisition to the Purchasing Agent; however, such purchases or contracts shall be made in conformity with the applicable provisions of this chapter and the Yuba County Purchasing and Contract Manual. The Purchasing Agent may also rescind such authorization to purchase independently by providing written notice to the affected department or departments. (b) Specialty Items. Each County agency or department head shall, as part of the budget request at the beginning of each fiscal year, notify the Purchasing Agent of the needs of that County agency or department for specialty items during the coming year. Such request shall be accompanied by sufficient substantiation as determined by the Purchasing Agent. Upon review and approval by the Purchasing Agent, such purchases may be made directly by the department and paid by the Auditor up to the amount approved in the budget. (c) Enterprise Fund. Any department responsible for an enterprise fund created by the Board of Supervisors pursuant to Government Code section may act as its own purchasing agent pursuant to this