The purpose of this Chapter is to provide the procedures by which the City Manager shall exercise all rulemaking authority granted to the City Manager under or by this Code. As used in this Chapter, the following words and phrases mean:
A. “Order” means any action expressed orally or in writing directed to a named person or persons, other than employees or officers of the City.
B. “Rule” means any directive, standard, regulation or statement of general applicability that implements, interprets or prescribes any City ordinance or policy, or describes the procedure or practice requirements of any City department or division charged with the enforcement or implementation of a City ordinance. The term includes the amendment or repeal of a prior rule, but does not include:
1. Unless a hearing is required by a City ordinance or other act of the City Council, internal management directives, regulations or statements which do not substantially affect the interest of the public;
2. Action by the City directed to other units of government which do not substantially affect the interest of the public;
3. Declaratory ruling of the City Manager with respect to the applicability to any person, property or discrete state of facts of any rule or City ordinance enforceable by the City Manager;
4. Orders of the City Manager;
5. Promulgation or adoption of documents, forms or other instruments that merely incorporate provisions of existing laws, ordinances and rules; or
6. Establishment of a fee, fine or penalty. (Ord. 3089 § 1, 2001)

At least thirty days prior to the adoption, amendment or repeal of any rule, the City shall give notice of intended rulemaking by:
A. Making copies of the notice of intended rulemaking available to the Mayor, Council, any person who requested such notice and any business which possesses a license issued pursuant to the rule;
B. Publishing notice of intended rulemaking in a newspaper of general circulation in the City; and
C. Posting the notice of intended rulemaking at two locations at City Hall. (Ord. 3089 § 2, 2001)

The notice of intended rulemaking shall state the subject matter and purpose of the intended action in sufficient detail to inform a person that the person’s interests may be affected, and the time, place and manner in which interested persons may present their views on the intended actions. The notice shall include:
A. A citation of the City’s legal authority to promulgate the rule;
B. A statement of the need for the rule and how such rule is intended to meet the need;
C. A list of the principal documents, reports or studies, if any, prepared by, or relied upon by, the City, in considering the need for and in preparing the rule, and a statement of the location at which those documents are available for public inspection; and
D. The time, place and manner which interested persons may present written comments on the proposed rule. (Ord. 3089 § 3, 2001)

The City shall give interested persons reasonable opportunity of not less than 15 days to submit data or views in writing. The City Manager shall make findings that respond to any written submissions. (Ord. 3089 § 4, 2001)

After considering all submitted comments, the City Manager may adopt the rule as originally proposed, or with such modifications as the City Manager deems appropriate. All administrative rules shall be compiled and retained in the City Recorder’s Office. (Ord. 3089 § 5, 2001)

A. Notwithstanding the above, the City Manager may adopt, amend or suspend a rule without prior notice or hearing, or upon any abbreviated notice and hearing, that the City Manager finds practicable, if the City Manager issues:
1. A statement of finding that failure to act promptly will result in serious prejudice to the public interest or the interest of the parties concerned and the specific reasons for the finding of prejudice;
2. A citation of the City’s legal authority to promulgate the rule;
3. A statement of the need for the rule and how the rule is intended to meet that need; and
4. A list of the principal documents, reports or studies, if any, prepared by or relied upon by, the City in considering the need for and in preparing the rule, and a statement of the location at which those documents are available for public inspection.
B. Any rule adopted, amended or suspended under this section is temporary and may not be effective for a period of longer than 180 days. The adoption of a rule under this Section does not preclude the subsequent adoption of an identical rule under the permanent rule adoption procedures. (Ord. 3089 § 6, 2001)

Any person may request in writing from the City, mailed copies of notices of intended action given pursuant to Section 3.05.020. Upon receipt of any request, the City shall acknowledge the request, establish a mailing list and maintain a record of all mailings made pursuant to requests. (Ord. 3089 § 7, 2001)

Any interested person may petition the City requesting the promulgation, amendment or repeal of a rule. The City Manager may prescribe by rule, the form or contents of such petitions and the procedure for their submission, consideration and disposition. The City Manager shall take action on each petition not later than 30 days after its submission. (Ord. 3089 § 8, 2001)

Unless otherwise provided by ordinance, the adoption, amendment or repeal of a rule by the City Manager need not be based upon or supported by an evidentiary record. (Ord. 3089 § 9, 2001)

All rules adopted by the City prior to the effective date of this Chapter shall continue to be valid and shall not be subject to challenge. All rules adopted alter the effective date of this Chapter shall be adopted in substantial compliance with the provisions of this Chapter in effect on the date the rule is adopted. (Ord. 3089 § 10, 2001)