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Ordinance 476 , ')\ I ~ r\, \.-. " " (1 o R DIN A N'..C E. N O. 476 ",. ,..~' AN ORDINANCE ESTABLISB:ING THE OFFICE OF CEIEF ADLUNISTRATIVE OFFICER OF THE ClTY OF GILROY, FIXING HIS DUTIES, A11) GENERALLY SETTING FORTH THE DUTIES OF BOARDS, COMMISSIONS, AND COMlvlITTEES OF THE CITY OF . GILROY, AND FlJRTEER DEFINING THE DUTIES OF VARIOUS OFFICIALS AND EMPLOYEES OF TEE CITY OF GILROY, PROVIDING FOR THE AUTHORITY TO BE EXERCISED BY TEE CHIEF ADI.'IINISTRATIVE OFFICER WITH RELATION TO THE BOARDS,. C01\IriIISSIONS AND COVJMITTEES, AND ESTABLISHING TEE BOARD OF AUDITORIUM TRUSTEES. THE COMMON COUNCIL OF TEE CITY OF GILROY DOES ORDAIN: \..- J' ,.} SECTION 1. The offioe of Chief Administrative Offioer of the City of Gilroy is hereby oreated. SECTION 2. The Chief Administrative Offioer shall be appointed by a majority vote of the City Counoil to serve at the pleasure of the Cou~oil. No Councilman shall reoeive suoh appointment during the term. for whioh he shall have been elected. SECTION 3. For the purpose of establishing a better administrative system in the city government of the City of Gilroy, and to oorrelate the aotivities of the various departments of the oity government as far as possible, the admi~iatrative servioe of the City of Gilroy shall be and is hereby divided into the following departments: Department Department of Fire Department of Police .pepa.rtment 'o~ Health Department of Public Works Department of Records & Finances Department of Purchase Department of Law Department of .Tustitfe Official Head Fire Chief Ci ty Marshal Santa Clara County Health Dept. Superintendent of Public Works City Clerk & City Treasurer Purohasing Agent City Attorney Polioe .Tudge SECTION 4. DUTIES OF CHIEF ADMINISTRATIVE OFFICER The Chief Administrative Officer shall (a) supervise the heads of all departments established by this ordinance, except the Department of Polioe. (b) designate some other offioer or employee to perform the duties of any offioe, other than eleotive offices, or position, whenever vaoant or incumbent is uhable to oarry on his duties, (c) prescribe rules and ..re~lations for the oonduct of the ~1 <{i -<... -,' "? / ../ .... '. .... ! /' ...........,.... various departments, other than those now in force and effeot and adopted by the Council, with amendments, (d) investigate and inquire into the affairs of any department, (e) assemble estimates of financial needs and work programs and embody them in a budget to submit to the Counoil, (f) prepare daily work programs for all departments, other than police, fire and health departments, (g) be responSible for development of long-range and emergency plans for the oity,. working with any commission or committee or group when he may deem it necessary, (h) and issue such administrative regulations and outline general administrative procedures in the form of rules not in oonfliO't with the laws of the State of California or Ordinances of said City, in addition to those embodied in this Ordinance, as are, or may beoome necessary for the for the adequate fUnctioning of all departments. The Counoil shall have the power to amploy and discharge employees of the oity. SECTION 5. DEPAR'llillNT OF FIRE The fire depar~uent shall be a volunteer department whi~h appointed by the , shall be headed by the Fire Chief who s-hall be/81.l._L.D.a. .:..~._....llJ ~J"~'c.. Counoil. &."d;1.~ . alu.Rt.!!...D.l mu.ih.a....-.s .::.1 Lho a~J?"'~ ~m.[.:tn.. He shall be oharged with the extinguihhment and prevention of fires, the protection of life and property against fires and the removal of fire hazards. He shall be responsible for the maintenance and oare of all property of the department. On the first day of .Tuly of each year he shall make a report to the Mayor and Common Council on a form to be prescribed by the Chief Administrative Officer. SECTION 6. DEPAR'IMENT OF POLICE The polioe department shall be headed by the City Marshal, an elected official. His duties shall be as set forth in Sections 3~,40 and 42 of the Charter. These sections also impose upon him the duties of Tax Collector and Lioense Collector and his duties, as such, are set forth therein. The rules and regulations for the operation of the depart- -2- " -., ') [~. \0. ~ .. \ tnent shall btl as set forth in Ordinances No.4bo and 4r,... d.nd Resolution No.2ll. The City Marshal is also Fire Inspector. This office and the duties thereunder are as set forth in Ordinanoe No.467. The City Marshal shall make an annual report to the Mayor and Common Council on the first day of .Tuly of each year on a form prescribed by the Chief Administrative Officer. SECTION 7. DEPARTMENT OF REALm In as much as the city has an agreement with the County of Santa Clara to administer health measures, the same shall remain in full force and effect so long as it shall continue to adequately provide for the needs of the city. The City Pound shall be under the 4irect supervision of an employee designated by the Council. Said employee so employed shall perform those duties specifioal1y required of the Poundmaster as set forth in Ordinanoe No.427 and amendments thereto. SECTION 8. DEPAR1MENT OF PUBLIC VJORES AND BUILDING nqsPECTION The public works department shall be headed by the Superintendent of Public Works, appointed by the ,Council. He shall be responsible for the maintenance and operation of the physical prop- erties of the city, except as elsewhere provided in this Ordinanoe. The department of public works shall be divided into the the following divisions: Division of Engineering Division 0 f Streets and Sewers Division of Water Maintenance Division of Building Inspection 'When the growth of the oity shall cause the development and expansion of any of the divisions of this department to a point where they shall become unwieldy, a separate department may be made of said diwision with appropriate supervision. (a) Division of Engineering. The Division 0 f Engineering shall be su.pervised by a oompetent civil engineer experienced in design and oonstruction of municipal engineering works. This division shall perform all engineering services ,for -3- ~ -} ::< ..;: ..-...... '" the department and for suoh other departments of the city as may from time to time require such services. The supervision of all construction work undertaken by the city shall also be furnished by this division, exoept as otherwise ordered by the Chief Administrative Officer or the Council. No engineering work for any department will be undertaken by the division without first securing a work order from the Chief Administrative Officer. (b) Division of Streets and Sewers. This division shall be supervised by a qualified person who shall be in charge of the repair, maintenance and oleaning of all streetscurbing, street crossings,other than those across State Highways, bridges and other publio ways, structures and appurtenanoes belonging ~o the oity. Also, all sewers, sewage disposal works, storm drains, ditohes,oulverts,levees and appurtenances thereof. Also, the maintenance of the grounds, shrubs, lawns and trees around public buildings, parks and playgrounds, except the grounds at Owsley Park and the Gilroy Publio Library. No work will be commenced or undertaken by this division until a work order is obtained from the Chief Administra- tive Officer. In the event of an emergency the neoessary work shall be done and a work order prepared when the emergency is over. (c) Division of Water Maintenanoe. The Division of Water Maintenanoe shall be supervised by a qualified person, appointed by the CounCil, who shall have charge of construction,operation and main- tenance of the city water distribution system, the pumping and purifying of water supplied to the water distribution system and all dams, pipe lines,reservoirs and appurtenances thereof. -4- ~ -')';' No work will be oommenced or undertaken until a work order is obtained from the Chief Administrative Officer. In the event of an emergency the necessary work shall be done and a work order prepared when the emergency is over. This division is also charged with the reading of water meters and any and all work necessary for the efficient operation of a water distribution system. The accounts department of this division shall be super- vised by a qualified person who shall have oharge of all bookkeeping for the department, the billing and collection of all monies due the department. (d) Division of Building Inspection. There shall be a Building Inspeotor, appointed by the Council, who shall be oharged with the inspeotion of plans and speoifications of buildings for oompliance with structural, electrical and plumbing regulations, to inspect buildings during the process of' oonstruction, sign all building permits, furnish information to the public relative to building praotices and regulations oontained in the Zoning Ordinances, building oode, plumbing code and electrical code and the state housing act and perform suoh other duties as will promote the public safety and welfare. The Building inspector will make an annual report to the Mayor and Common Counoil on the first day of July of each year on a 'form. prescribed by the Chief Administrat ive Officer. SECTION t. DEpAR~v1ENT OF RECORDS AND FINANCE. The office of the City Clerk, an elective office, shall be the Department of Records and Finance. The City Clerk is also ex- officio Assessor and his duties as City Clerk and ex-officio Assessor shall be as set forth in Sections 43 and 44 of the Charter. In addition to the duties of City Clerk and ex-officio Assessor as set forth in the Charter he shall keep and supervise all accounts; apportion and collect special assessments; have custody of all public records not speficially entrusted to any other office and -5- <~~ E;' :;- " "--' I \ to perform suoh other duties pertaining to such office as may be by Ordinance required or by the Council. He shall keep accurate and detailed accounts of (1) all taxes assessed by the city and all monies due the city from any and every source; (2) monies received and the several souroes from whioh reoeived; (3) all funds of the oity and disbursements made therefrom. All books of account shall be balanoed at theend of each calendar month and audited quarterly by certified public accountants employed by the Counoil who shall, at the end of each fiscal year, submit to the Council a complete certified audit report. He shall be custodian of the corporate seal of the city and shall affix said seal to all documents and instruments requiring the seal and shall attest the same. He shall also be custodian of all papers,. titles, documents, contracts and agreements pertaining to the city, the custody of which is not otherwise provided for. He shall give to the proper department or official or other individual, firm or oorporation, ~ple notice of expiration of any franchise, oontraot, agreement or lease. He shall sign, along with the ~or and City Treasurer, all warrant ohecks disbursing monies of the city. He shall keep and maintain all eleotion records and have custOdy of all property used in oonneotion with elections. The City Ttreaurer, an elective official, shall be Finance Officer and his duties shall be as set forth in Section 45 of the Charter. In addition to the duties of City Treasurer,as set forth in the Charter, he shall make a monthly report to the Council showing the balance in the several funds of the oity, the balance in each fund as of the preVious month, apportionment to the several. funds during the month, expenditures from the several funds for the preVious month and the balances remaining in the funds as of the last day of the valendar month. The form on whioh this monthly report is submitted will be provided by the City Clerk. He shall have charge of an keep safe in a safe deposit box in a bank of banks, all bonds which have been purchased by the city and all bonds of banks deposited with the city as collateral for -6- ,....;....," ", .~ '" . s, ~. ~ . . \ .,,/ protection of city funds. Bonds owned by the city will be cashed only by order of the Council. SECTION 10. DEPARTMENT OF PURCHASE. The Department of Purchase shall be headed by the Purchasing Agent who shall be appointed by the Council.He shall do all purchasing required by the various departments, divisions, bureaus, boards and comlissions, offices and institutions, except the Gilroy Publio Library. The Purchasing Agent shall prepare standard specifications for materials, supplies and equipment wherever possible. He is further authorized, subject to the approval of the Council,. to sell suoh personal property of the city, as, in the opinion of the Chief Adminis- trative Officer, department head, board or commission controlling it, will not be needed for further public Use. He shall have charge of the storage of supp~ies and materials purchased by the city and shall keep perpetual inventory records thereof. He shall keep informed and main- tain records as to source of supplies for all olasses of purchases, price trends and other related matters. All purchases made by the city shall be accompanied by a numbered purchase order signed by the Purchasing Agent, the form of which will be prescribed by the Purohasing Agent. Bills presented for payment by any individual, form or corporation whioh does not contain the purchase order number of the purchase order authorizing the purchase will not be paid by the city. The Purchasing Agent must endeavor in every reasdbable manner to obtain the best and lowest prices commensurate with quality desired, in all purchases made for the oity departments, divisions, bureaus, boards, commissions, offices and institutions. All purchases made by the Purchasing Agent shall be in strict conformity with the provisions of Section 21 of the Charter and/or State laws applicable thereto. All purchases and sales shall conform to such regulations as the Council may from time to time prescribe. If $JL amount in excess of $500.00 for a single purchase is involved, Council approval must be obta ined. If, at any time and for any reason, the Purchasing Agent -7- ".'") ~ r--r , / may desire to delay purchase or be doubtful of the prop.iety of making such purchase, he shall refer the matter to the Chief Administrative Officer who may either determine the matter, in whmoh event the latter shall initial or otherwise identity the order as having been approved by him, or may refer the matter to the Committee of the City Council in whose department the materials to be purchased will be used. SECTION ll. DEPAR~vmNT OF LAW The Department of Law shall be headed by the City Attorney who shall be appointed by the Council. He shall be charged with the performance of all legal services of the city, including those of legal advisor to the Counoil, the Chief Administrative Officer and to all departments and officers and boards and commissions of the city and the prosecution of all cases arising out of the violation of the provisions of the oharter and/or ordinances. He shall represent the city in matters in which the city is inserested before any court, tribunal, county or state commission. He shall be charged with the responsibility of calling to the attention of the Council and the Chief Administrative Officer all matters of law affecting the oity. He shall prepare, or officially pass upon, all ordinanoes, resolutions, contracts, bonds and other instruments in writing which the city is concerned, and shall certify before execution, as to their legality and correotness of form. He shall attend all meetings of the Coune1l and upon invitation shall attend any meeting of any Council Committee. SECTION l2. DEPART.MENT OF JUSTICE. The Department of .Tustice shall be headed by the Police .Judge who shall be appointed by the Council. His duties shall be as set forth in Section 47 of the Charter. The Police .Judge, with the consent of the Council, shall appoint a olerk to perform the duties prescribed by him. SECTION 13. BOARDS A1TD C01~~ISSIONS The Boards and Cormnissions heretofore established by action of the City Council shall continue to be maintained and to eKercise the -8- , . ,:; (i" duties and functions as are more partioularly set forth in the respect- ive laws and orders constituting said agencies. The Chief Administrative Offioer shall be required to attend all official meetings of said boards and oommissions. Appointments to boards or cOIllDlissions will be made by the Mayor with the consent of the Council. Any vacancy oocuring in the membership of any board or commission shall be filled fo,r the rema inder of the unexpired term ii- the manner prOVided for original appointment. The appointing authority (the Council) may remove any member for oause. Uhless otherwise provided all members of boards and commiss1mns shall serve without compensation. (a) Board of Trustees,Gilroy Public Library. The Board of Trustees of the Gilroy Public Library shall consist of five members who shall serve until their resignation is formally presented to the Council and accepted. From their number they will eleot a President and Secretary. They shall set up their own rules and regulations, employ the necessary personnel to operate the library in an efficient manner and 10 the necessary pure has ing of books and supplies. Bills contraoted during the ourrent month will be presented to the Board of Trustees and upon approval a warrant will be drawn by the Secretary, signed by the President and Secretary, and forwarded to the City Treasurer who will draw cheoks for the respeet1ve amounts and oharge the Library Fund with the respective amounts. All fines and fees oolleoted by the Librarian shall be accounted for in the annual report of the library board to the Council. This report shall be in the same form as is being used at present and shall be presented to the Council at their first meeting in 'July of each year. The Board of Trustees shall annually submit a budget to the Chief Administrative Officer for inolusion with the city budget presented to -9- ~31 the Council. (b) Forestry Board. The Board of Forestry oonsisting of three members shall be appointed by the Mayor with the consent of Council, for a t~rm of three years. The board shall have power to decide all things rel- ative to planting trees upon the streets and sidewalks of the city and to determine all questions respeoting the planting, cutting, oare and removal of such trees, all as set forth in Ordinance No.265 and amendments thereto. (0) Planning Commission. The City Planning Commission shall consist of Six members who shall be appointed by the Mayor with the consent of the Counoil. MenIDers of the cormnission will serve for a term of four years or until their successors are appointed. The 1illyor, the City Engineer and the City Attorney shall be ex-officio members of said commission. The City Planning Commission shall consider and advise the Council on all proposed changes to the Zoning Ord- inance and shall consider and pass upon all plats and make reoommendations as to approval, modification or disapproval thereof and shall perform such other duties as are set forth in Ordinance No.422 and as the Council, by Ordinance, may prescribe. (d) Recreation Cornnission. The Recreation Commission shall consist of five members, . not more than four of whom shall be of the same sex. Four members thereof shall be appointed by the Mayor and one member thereof shall be appointed by the Mayor on nom- ination of the school board of the Gilroy Union High School District. The cha~r.man of the Planning Commission and one member of the Council shall serve as ex-officio members. Members shall serve for a term o~ four years or until their successors are appointed. -10- {' 1 The officers of the Commission shall be chairman, Vice chairman and secretary. Their duties shall respectively be such as are usually oarried out by such officers. Officers shall hold office for one year or until their successors are elected. The Commission, by vote, shall set the time and place of regular meetings whioh will be at least once eaoh month. A majority shall constitute a quorum for transaoting business. The Recreation Commission shall have power and authority to manage and conduot recreation centers and recreational aotivities on suoh grounds or in suoh buildings as may be placed under their jurisdiction or made available-to them including the use of school facilities. They shall have power to conduct ohildren's playgrounds, indoor and out- door reoreational activities and in general do any and all things necessary or proper for the establushment and development of a well-rounded recreation program and to do all things as provided in Ordinance No.45l and amend- ments thereto. The Recreation Commission shall submit their budget requirements to the Council on 0 r before the first of .Tuly of each year. The Recreation Commission shall submit an annual attend- ance report to the Council each year on a for.m to be prescribed by the Chief Administrative Officer. (el Board of Auditorium Trustees. There is hereby created a board to be known as Board of Auditorium Trustees. The trustees shall consist of the Building and Grounds Committee of the Common Council. This board shall be in charge of the municipal building designated ;Vheeler Civio Auditorium. Trustees of said board shall hold office for two years. The board shall have oharge of repairs,. furnishing, ma intenance and ope rat ion of the auditorium, subject to any limitation of funds appropriated by the Council. The board is empowered to let the auditorium, or any -11- -~ t...j / part thereof, providing said letting does not interfere with the lease held by the State of California, for hire for all legitimate and respectable uses, and establish aschedule of rates, subjeot to the approval of the Counoil, for use of the auditorium or faoilities owned by the auditorium. The board shall appoint a Custodian who shall perform suoh duties as are presoribed by the board. Wi th the consent of the Council the board is hereby em- powered to let the additorium free of charge for the following entertainments or meetings or meetings for whioh no admission fee is charged, except that charges may be &Q..(. 1~ made for aotual cost of light, heat and labor.anj Ju=h ~.j j, ~ ~~~.h~ll n=t be l:t.n~.d f~:m m=~. th&n ___ ia~ (=~ ni8ht). (a) NationaL ana state conventions o~ all politioal parties and all assembled national and state organ- izations and societies; (b) Public mass meetings oalled by proclamation of the Mayor or aotion of the Council; _ (0) School graduation exercises, school concerts and school activities which tend toward a better apprec- iation of our schools by the oitizenry; (d) Industrial or ~grioultural exhibits given by the people of Gilroy; eel Other gatherings judged by the board to be of such public and representative character as to be of suffioient benefit to the city to justify ocoupancy without charge. The board and all employees shall oomply with all rules and regulations not in conflict herewith, made by the Chief Administrative Officer, to regulate the administ- rative affairs of the city, to carry out the policies formulated by the Council, or to preserve the peace, health and safety of the public. -120 ~ -I - .~~ t . ~~, SECTION 12. GENERAL PROVISIONS (a) Official Bonds. The City Clerk, City Treasurer and the City Marshal and such other officers or employees as the Council may require so to do shall give bonds in suoh amount and with such surety as may be approved by the Council or provided in the Charter. The premium on suoh bonds shall be paid by the city. (b) Disbursements of City Monies All claims and demands against the city, together with any counter claims that may be credited thereto, shall be received and audited by the City Clerk. No money shall be drawn from the city treasury except upon warrant checks signed by the City Clerk,City Treasurer and oountersigned by the Mayor, exoept pay- ment of bills contracted by the Board of Trustees of the Gilroy Publio Library. Every warrant check shall speoify the fund from which it is payable and the bank upon which it is drawn. If the demands against any fund are greater than the cash balance in the fund the City Clerk shall notify the Council. The Council shall take action to transfer the necessary amount from other funds, exoept those funds for specific purposes, to make up the overdraft, and, in their discretion, any additional amount they may deem neoessary. (e) Post Auditing Not later than thirty days after the first day of the fiscal year the Council shall receive and award on bid from certified public accountants, the contract to audit the city's books of account and record for the fiscal year, audit to be made eaoh calendar quarter and a final and complete audit report submitted at the close of the fiscal year. Not later than thirty days after the close of eaoh calendar ~arter the -130 ~' ;,j ::. , ~:;.,. '- certified public accountants shall advise the Council by communication addressed to the Mayor and Common Council, that they have completed the quarterly audit and make any comment they believe necessary. Not later than thirty days after the close of the fiscal year the certified public accountants shall submit a final , oomplete and detailed audit report for the fiscal year. (d) Vacancies All offices, departments, divis ions or agencies not in existence at the time of the adoption of this Ordinance shall not be constituted until provision is duly made by the Council, provided however, that nothing herein contained shall be deemed to prevent reclassification and reallocation of any existing potitions and, provided further, that the only exception shall be the Board of Auditorium Trustees. Such vacant positions, and the functions thereof, excluding positions in the Department of Polioe, shall be assumed by the next succeeding offioer or other person in the service designated by the Chief Administrative Officer. In the absence or disability of the Chief Administrative officer or in the event of a vacanoy in the office of Chief Administrative Officer the Purchasing Agent shall perform the duties and funotions of the Chief Administ- rative Officer unless some other person be designated by the Council as acting Chief Administrative Officer. (e) Interdepartmental Services Any and each department of the city shall be charged with providing service and labor to the other city depart- ments in like manner as the same is being rendered to the general public. (f) Scope and Continuity Upon adoption of this ordinance by the Common Counoil, the same shall supersede and displace all plans and policies -l4- ).1# "\ ",c_ '" .. '..; ,(" \ \ -' "..-'" ..; i./, j I , t 7 and p~actices inconsistent with the provisions hereof. This ordinanoe shall, as the same may from time to time be revised or amended, remain in full farce and effect. (g) Amendments This ordinance may, by ordinance, be revised or amended at any time upon a majority vote of a quorum of the Counoil. (h) Severenc,e It is the legislative intent that all provisions and seotions of this ordinance be liberally construed and should any prOVision or section of this ordinance be held unconstitutional or invalid such holding shall not be construed as affeoting the validity of the remaining provisions or sections and subsections, it being the intent that the ordinance shall stand not- withstanding the invalidity of any section,subsection or prOViSion thereof. SECTION l3. This ordinance shall take effect and be in force from and after its passage and approval. ADOPTED AND PASSED this 27th day of February by the following vote: ,A.D. ,1950, AJJB: Councilmen: George M.Mason ,J .H. Wentworth ,Ray L.Stevens, David V.Stout,Dale D.Daniels. NOES: Councilmen: None ABSENT: Councilmen: James B.Thomas (l?;rJ I / Mayor I J ATTEST: (8.~.~ City ler -15-