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Ordinance 1986-19ORDINANCE NO. 86-19 AN ORDINANCE OF THE CITY OF GILROY REVISING THE GILROY CITY CODE BY AMENDING CHAPTERS 1, 2, 3, 10, 12, 13, 14, 15, 16, 16A, 18, 18A, 20, 21, 22, AND 27, REPEALING CHAPTERS 3A, 5, 6.III, 17, 23, AND 24.I, ENACTING A NEW CHAPTER 17 AND DELETING EXTRANEOUS MATERIAL. THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN that the Gilroy City Code shall be revised as follows: SECTION I. Section 1.2 is amended by repealing and deleting therefrom the definition of Director of Pnblic Works. SECTION II. Section 2.1 is amended to read as follows: Sec. 2.1. Administrative organization. The governmental forces of the city shall be organized into the following departmental and official categories and the head of each department or office shall be known by his or her respective title as shown: Legislative DEPARTMENT OR OFFICE City Council TITLE Mayor ~Administrative Office of the city administrator Office of city clerk Office of city attorney Department of finance Department of Personnel- Risk management City administrator City clerk City attorney Director of finance Director of Personnel- Risk manager Planning Department of Planning Director of Planning Pnblic Works and Utilities Department of public work~ Director of public works Department of police Department of fire Emergency Services Department of Health Publ'ic'S~afety Chief of police Fire Chief Director of emergency services Santa Clara County Depart- ment of Public Health Department of parks and recreation Department of library and culture C~Ituraland Recreational Director of parks and recreation -.Library City librarian by contract with Santa Clara County -Museum Museum Director ORDINANCE NO. 86-.19 -1- SECTION III. Sections 2.1-1 and 2.1-2 are repealed. SECTION IV. Section 2.2, paragraph (a) is amended to read as follows: (a) To organize the department into divisions in such a manner as to efficiently perform the functional responsibilities allocated. For this purpose, the depart- ment head may create such sections and sub-units within such division as deemed necessary. SECTION V. Section 2.7, paragraph (c) is repealed. SECTION VI. Section 2.8 is amended to read as follows: Sec. 2.8. Bond -~ Offi~Cers to be bonded; amount. Officials of the city designated by the council shall be bonded with statutory public official's bonds, which shall include faithful performance provisions or conditions, in such amounts as may be set forth from time to time by council resolution. SECTION VII. Section 2.9 is amended to read as follows: Sec. 2.9. Same -~ Provision as to public employees; amount. The bond required by the preceding section shall be so written as to include provisions constituting a "public employees'~ honesty blanket position bond" in such amounts and covering such officers and employees in all city offices and departments as may be designated by the council. SECTION VIII. Section 2.13, paragraphs (b) and (lc) are amended to read as follows: (b) Place. Ail regular meetings of the council shall be convene--d--i-~ the council chambers in the City Hall. If, by reason of fire, flood, earthquake or other emergency, it shall be unsafe to meet in the place designated, the meetings may be held for the duration of the emergency at such place as is designated by the prasiding officer of the council. (c) Public. Ail meetings of the council shall be open to the public; however, the city council may hold closed sessions under the provisions of the "Ralph M. Brown Act," section 54950 et. s.eq. of the Government Code. SECTION IX. Section 2.14 is amended to read as follows: Sec. 2.14. Special meetings. Special meetings of the city council shall be held under the conditions and in the manner set forth in section 408 of the Charter, and upon proper notice, may be convened anywhere in the State of California. ORDINANCE NO. 86-19 -2- SECTION X. Section 2.15 is amended to read as follows: Sec. 2.15. Council chambers. The room designated as the city council chambers in the City Hall at 7351 Rosanna Street in the city, is hereby fixed as the place of regular meetings of the city council, and such council chambers and the adjacent offices and rooms used and occupied by the city clerk and administrative officers of the city, shall henceforth be known and designated as the City Hall of the city. SECTION XI. Section 2.16 is amended to read as follows: Sec. 2.16. Council agenda. In order to facilitate the orderly conduct of the business of the council, the city clerk shall be notified not later than 5:00 p.m. on Wednesday preceding a regular council meeting of all reports, communications, ordinances, resolutions, contract documents, or other matters to be submitted to the council at such meeting. Immediately thereafter the city clerk shall arrange a list of such matters according to the order of business and furnish each member of the council, the city administrator, the city attorney and each department head with a copy of the same prior to the council meeting, and as far in advance of the meeting as time for preparation will permit. SECTION XII. Section 2.19 is amended to read as follows: Sec. 2.19. Conduct of meeting. The mayor, or in the mayor's absence, the mayor pro tempore, shall take the chair at pr&cisely the hour appointed for the meeting and shall immediately call the council to order. The mayor or mayor pro tempore shall preserve strict decorum at all regular and special meetings of the council and shall state every question coming before the council, call for the vote, announce the decision of the council on all subjects and decide all questions of order, subject, however, to an appeal to the council, in which event a majority vote of the council shall govern and determine such question of order. SECTION XIII. Section 2.23, paragraphs (b), (c), (d) and (e), are amended to read as follows: (b) Getting the floor. Every member desiring to speak shall addre~ the chair, and upon recognition by the presiding officer, shall confine himself or herself to the question under debate, avoiding all personalities and indecorous language. ORDINANCE NO. 86-19 -3- (c) Interruptions. A member, once recognized, shall not be interrupted when speaking unless it be to call him or her to order. If a member, while speaking, be called to order, he or she shall cease speaking until the question of order be determined and, if in order, he or she shall be permitted to proceed. (d) Privilege of closing debate. The councilmember moving the adoption-~f an ordinance or resolution shall have the privilege of closing the debate. (e) Remarks of councilmember. A councilmember may request, through t-l{e presiding officer, the privilege of having an abstract of his or her statement on any subject under consideration by the council entered in the minutes. If the council consents thereto, such statement shall be entered; provided, however, any council member without council consent shall have the right to have the reasons for his or her dissent from, or protest against, any action of the council entered in the minutes. SECTION XIV. Section 2.26 is amended to read as follows- Sec. 2.26. Same - Manner. Each person addressing the council shall stand and give his or her name and address in an audible tone of voice for the records. Ail remarks shall be addressed to the council as a body and not to any member thereof. No person, other than the council and person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the council, without permission of the presiding officer. No question shall be asked a council- member except through the presiding officer. SECTION XV. Section 2.27 is amended to read as follows: Sec. 2.27. Voting. No member of the council shall be allowed to explain his or her vote or discuss the question while the roll is being called, and no member shall be allowed to change his or her vote after the vote is announced by the presiding officer. SECTION XVI. Section 2.30, paragraph (c) is repealed. SECTION XVII. Section 2.33 is repealed. SECTION XVIII. Section 2.35 is amended to read as follows: Sec. 2.35. Powers and duties. The powers and duties of the city clerk shall be as set forth in the Charter. The city clerk shall also be charged with the custody of all deeds, mortgages, contracts, contract bonds, judgments, notes, debts choses in action and with the custody of the official bonds of city employees, except his or her own, which shall be in the custody of the finance director. ORDINANCE NO. 86-19 -4- SECTION XIX. Section 2.37,' paragraphs (b) and (e) are repealed. SECTION XX. Section 2.39 is amended to read as follows: Sec. 2.39. Director of finance-.City treasurer - Appointment. A director of finance-city treasurer shall be the head and shall be appointed by the city administrator with the consent of the council. SECTION XXI. Section 2.41 is amended to read as follows: Sec. 2.41. Functions. The department of finance shall be responsible for the following fuctions: (a) AccoUnts. Under the direct supervision of the city auditor who shall be appointed by the city administrator. The city treasurer shall serve as city auditor until such time as the growth and expansion of city services demands an increase in staff and personnel for this office. The city auditor shall be responsible for and be required to: [Subparagraphs (1), (2) and (3) shall remain unchanged.] (4) Financial Statements. Submit to the city administrator monthly statements of all receipts and disbursements, cash on hand, fund balances and ~uch other financial statements as the city admin- istrator may require; [Subparagraph ('5) shall remain unchanged.] ['Subparagraph (.6) is repealed.] [Subparagraphs (7) and (8) shall remain unchanged.] (b) Purchasing. Under the direct supervision of a city purchasing agent, who shall be appointed by the city administrator, and who shall be reponsible for and be required to: [Subparagraphs (1) through (10) shall remain unchanged.] (c) Billing and collection. The billing section and the collectio{ ~ection shall be under the direct supervision of the director of finance who shall delegate such duties and responsibilities to personnel in the administrative service as may be required for the proper functioning of these sections and the proper protection of city monies. ORDINANCE NO. 86-19 -5- [Subparagraphs (1) and (2) shall remain unchanged. ] (d) Investments. The city treasurer shall invest all city funds on hand in a prudent manner consistent with State law. SECTION XXII. Section 2.43 is amended to read as follows: Sec. 2.43. Director of public works - Appointment. The director of public works shall be the head of the department of public works and shall be appointed by the city administrator, with the consent of the council. SECTION XXIII. Section 2.44 is amended to read as follows: Sec. 2.44. Same - Pourers and duties. In all cases where the duty is not expressly charged to any other department or office, it shall be the duty of the director of public works to act to secure and preserve the physical properties of the city and to direct and control all the functions assignable to this department. The direCtor of public works shall: [Subparagraph (1) shall remain unchanged.] [Subparagraph (2) is repealed. ] [Subparagraphs (3) through (7) shall remain unchanged.] SECTION XXIV. Section 2.45 is amended to read as fOllows: Sec. 2.45. Functions. The department of public works shall perform the following functions: (a) Street and Sewer Maintenance. Street and sewer maintenance shalI consz~ of the street maintenance section and the sewer maintenance section under the direct supervision of a street and sewer supervisor. [Subparagraphs (1) and (2) shall remain unchanged.] (b) Water Maintenance. Under the direct supervision of a water supervisor who shall be responsible for and required to: [Subparagraphs (1), (2) and (3) shall remain unchanged.] ORDINANCE NO. 86-19 -6- (4) Customer Services. Perform such services as necessary to promote good will between the city and the water consumer; [Subparagraphs (5) through (10) shall remain unchanged.] [Subparagraph (c) is repealed.] (d) Traffic Enginearin~, to be under the direct supervision of a traffic engineer. The city engineer shall serve as traffic engineer until such time as the growth and expansion of city services demands an increase in staff and personnel in this office. The traffic engineer shall be responsible for and required to: [Subparagraphs (1) through (6) shall remain unchanged.] (e) Engineering. Engineering shall be under the direct supervision of the city engineer who shall be responsible for and required to: [Subparagraphs (1) through (7) shall remain unchanged.] (8) Contract Services. Until such time as the growth and expansion of the city services demand an increase in staff and personnel in this division, any of the above listed services may be performed under contract with a public or private firm or agency. (f) Building Inspection. Building inspection shall be under the direct supervision of the chief building inspector, who shall be appointed by the city admin- istrator. The chief building inspector shall be re- sponsible for and required to: [Subparagraphs (1) through (7) shall remain unchanged.] SECTION XXV. Section 2.48 is amended to read as follows: Sec. 2.48 Same - Powers and duties. In all cases where the duty is not expressly charged to any other department or office, it shall be the duty of the chief of polic~ to act to preserve the peace and maintain law and order in the city. It shall be the duty of the chief of police to manage the functions of the department of police. ORDINANCE NO. 86-19 -7- SECTION XXVI. Section 2.49 is amended to read as follows: Sec. 2.49 Functions. The department of police shall perform the following functions: (a) General EnforCement. [SUbparagraphs (1) through (7) shall remain unchanged.] (b) Crime Prevention ~and Detection. [Subparagraphs (1) and (2) shall remain unchanged.] (~) Traffic'Contr~ol. [Subparagraphs (!), (12) and (3) shall remain unchanged.] (~) Training. This shall be under the direct supervision of the chief of police who shall promote th~ proficiency of the department's members by the administration of training, study and physical con- ditioning programs. (e) Animal Control. This shall be under the direct supervision of the poundmaster by contract with th~ County of Santa Clara. It shall be the duty of the poundmaster to: [Subparagraphs (1), (12) and (3) shall remain unchanged.] SECTION XXVII. Section 2.52 is amended to read as follows: Sec 2.52. Same -~ Po~ers and duties. In all cases where the duty is not expressly charged to any other department or office, it shall be the duty of the fire chief to protect life and property by preventing and eliminating fire hazards and by controlling and extinguishing fires. It shall be the duty of the fire chief to manage the functions of the department of fire. SECTION XXVIII. Section 2.53 is amended to read as follows: Sec 2.53 Functions. The department of fire shall perform the following functions: (a) Fire Protection. Responsibilities and duties: [Subparagraphs (1) through (5) shall remain unchanged.] ORDINANCE NO. 86-19 -8- (b) Fire Prevention. Responsibilities and duties. [Subparagraphs (1), (2) and (3) shall remain unchanged. ] 4. Hazardous Materials. Regulate the use and storage of hazardous materials in the city. (¢) Training. This shall be under the direct supervision of the fire chief, who shall promote the proficiency of the department's members by the administration of training, study and physical con- ditioning programs. (d) Volunteer Personnel. They shall be under the direct supervision of the fire chief. Personnel shall be subject to the rules and regulations of the city volunteer fire department insofar as they are in conformance with the provisions of the Charter, ordinances and rules and regulations adopted by the -council. It shall be the responsibility and duty of the Fire Chief to: [Subparagraphs (1) and (2) shall remain unchanged.] (e) Records. It shall be the responsibility and duty of the Fire Chief to keep standard records of inspections, fire, fire losses and all other activities of the department and submit monthly reports thereof to the city administrator. SECTION XXIX. Chapter 2, Article X., Office of Civil Defense, is repealed, and a new Article X. is enacted to read as follows: ARTICLE X. DEPARTMENT OF PERSONNEL AND RISK MANAGEMENT Sec 2.54.~ Creation. The director of personnel-risk manager shall be the head of the department of personnel and risk management and shall be appointed by the city administrator, with the consent of the council. Sec. 2.56. Same - Powers and duties. The director of personnel-risk manager shall be responsible for and required to: (a) Attend meetings. Attend all meetings of the personnel commfssion and act as its secretary. ORDINANCE NO. 86-19 -9- (b) Ordinance. Cause to be prepared and the council shall adopt a personnel ordinance which shall provide for the adoption by resolution of personnel rules and a position classification and compensation plan for city employees. (c) Administer rules. Administer all personnel rules not specifically reserved to the council. (~) ~ersonnel rules. Prepare and recommend to the council the adoption, amendment, revision or repeal of such personnel rules as the personnel commission may advise. (e) Position classification plan. Maintain a position classification plan for city employees and make such recommendations to the council for its improvement as the personnel commission may advise. (f) Compensation pl'an. Maintain a plan of compensation for city ~oyees and recommend such revzszons as the personnel commission may advise. (g) Tests for positions. Publish or post notices of tests ~ positions in the classified service; receive applications therefor; conduct the grade tests; certify to the person having the power of appointment a list of all persons eligible for appointment to the appropriate position in the classified service; or recommend that these services be performed under contract. (h) Personnel'hi*st'ory. Maintain appropriate personnel history records of each employee and notify the city administrator of dates for step increases in pay for those eligible for the same. (ii) Job requirements. Provide each new employee with information regarding his or Job requirements. ~) Insurance and claims. Process all insurance matters and claims against the city. (k)' 0ther'dUties. Perform such other duties as may be requir~ the city administrator. SECTION XXX. Section 2.59 is amended to read as follows: Sec. 2.59. Same - PoWers and duties. The Director of Park~ and Recreation shall manage the department of parks and recreation with the following functions: (a) Parks. The division of parks shall be under the supervision of a parks superintendent who shall be appointed by the city administrator. The parks super- intendent shall have the following responsibilities and duties: ORDINANCE NO. 86-19 -10- (1) Operate Parks. To operate the various parks of the city and maintain the same in an orderly and safe condition; (2) ~aintain Lawn, Shrubs, Trees and Parkways. To maintain and cultivate the lawns, shrubs, trees and parkways and esthetic installations around the city, and around public buildings as assigned. (b) Recreation. The division of recreation shall be under the supervision of a recreational superintendent who shall have the following duties and responsibilities: [Subparagraphs (1), (2) and (3) shall remain unchanged.] (c) Building Maintenance. Under the direct super- vision of a bhilding maintenance superintendent, who shall be appointed by the city administrator. The building maintenance superintendent shall be responsible for and be required to: (1) Janitorial Service. Provide janitorial service for the city offices and other public buildings as assigned. (2) Maintenance and Repair. Remodel, maintain and repair'th'e pUb'l"i'c--6-~ildings and facilities as required and requested. (3) National Flag. Properly display, remove and care for' the national flag, and other flags on appropriate occasions, during hours and in the manner provided by 1~ and custom. (4) Repair Services. Provide construction and repair services for the various departments of the city as directed. SECTION XXXI. Sections 2.59-1 and 2.59-2 are repealed. SECTION XXXII. Chapter 2, Article XIII, is amended to read as follows: ARTICLE XIII. DEPARTI.~ENT OF LIB?~ARY AND CULTURE Sec. 2.61. Creation. The department of library and culture is hereby created, within which the city library and city museum~ shall, be a~ninistered. Sec. 2.62. C.ity library - Consolidation. The city library is consolidated with the county library pursuant to section 800 of the Charter, and shall be under the direct supervision. of the city librarian who is provided by the county librarian pursuant to contract. ORDINANCE NO. 86-19 -11- Sec. 2.63. City museum. The city museum shall be under the direct supervision of the museum director ~ho shall be appointed by the city administrator. SECTION XXXIII. Chapter 2, Article XV., is amended to read as follows: ARTICLE XV. PARKS AND RECREATION DEVELOP}~NT F~D Sec. 2.67. Establishment; purpose; deposits. There is hereby established by the city council a fund to be known and designated as the parks and recreation development fund, formerly kno~_ as the capital outlay recreation fund, for the purpose of providing money for capital expenditures for recreational facilities in the city. The continued increase in the development of dwelling, commercial and industrial up. its in the city with the attendant increase in the population of the city has created an urgent need for the planning, acquisition, imorovement and expansion of public parks, playgrounds and recreation facilities to serve the increasing population of the city and the means of providing additional revenues with which to finance such public facilities. There shall be deposited in the fund and made a part thereof, such sums as may, from time to time, be collected under the provisions of this article. Sec. 2.67-1. Definitions. Except where the context otherwise requires, the definitions given in this section govern the construction of this article. Dwelling unit. Each single-family d~elling and each unit of an apartment, duplex, multiple dwelling structure or trailer designed as a separate habitation for one or more persons. Persons. Every person, firm. or corporation con- structing a dwelling, commercial and or industrial unit itself or through the services of any employee, agent or independent contractor. Sec. 2.68. Applicability; amount; when paid. The f~es imposed by this article shall be applicable to every dwelling, com~ercial and industrial unit constructed in the city from and after the effective date of this article. Every person constructing any dwelling, commercial and industrial unit in the city shall pay fees to the city in such rates and amounts as are established by council resolution. The fees imposed by this section shall be due and payable upon application to the city for a building permit for the construc- tion of any such dwelling unit; provided, however, that there shall be a refund of such fees in the event the building permit is not approved or is not used for such construction. ORDINANCE NO. 86 - 19 -12- Sec. 2.68-1. Dedication of land in subdivision in lieu of fee. In the case of subdivisions of land within the city,maps of which are approved by the council after this article becomes effective, the subdivider, owner or developer of the subdivision may offer to the city for dedication a portion of the subdivision for use for public park and recreational purposes in lieu of the fee hereinbefore provided for to be assessed against each dwelling thereafter constructed upon lots in the subdivision, and if the dedication is accepted by the city council in lieu of the fee, then the property so dedicated shall be used for park and recreational pur- poses, and no dwelling thereafter constructed in the subdivision shall be subject to the fee provided for in this article. Sec. 2.69. Expenditures. The moneys in the parks and recreation development fund, shall be expended only for equipment and facilities and other capital purposes in connection with any recreation program or undertaking for the people of the city or any group thereof. SECTION XXXIV. Chapter 2, Article XVII, shall be deleted from the code in its entirety. SECTION XXXV. Section 3.1 is enacted to read as follows: Sec. 3.1. Permit required. It shall be unlawful for any person to distribute or circulate or cause to be distributed or circulated within the city any advertising sample, handbill, dodger, circular, booklet, or other notice of commercial or political or religious advertising, without first having obtained a permit therefor from the director of finance. SECTION XXXVI. Section 3.2 is amended to read as follows: Sec. 3.2. Distribution or depositing advertising materials in or on publ-{c or private property. Notwithstanding the provisions of the preceding paragraph it shall be unlawful for any person to distribute or throw, or procure anyone to distribute or throw, upon any private yard, lawn, driveway, sidewalk porch or steps of any residence or public place, or upon or in any part of any structure, or upon any vacant property, or in or upon any motor vehicle or other vehicle parked or standing upon the streets or in a public place in the city, any advertising sample, handbill, dodger, circular, booklet, or political or religious advertising provided, that ORDINANCE NO. 86-19 -13- nothing in this section shall prohibit the distribution and delivery of any newspaper which is capable of being or is entered as second class matter under the provisions of the United States Post Office regulations of March 3, 1879, and other United States Statutes, and acts amendatory thereof. SECTION XXXVII. Section 3.3 is amended to read as follows: Sec. 3.3. License fo~ posting bills, outdoor advertising, etc.--Required. No person shall engage in or carry on the business or occupation of billposting, advertising, sign painting or outdoor advertising or maintaining billboards without paying the license fee provided for in Chapter 13. SECTION XXXVIII. Section 3.4 is repealed. SECTION XXXIX. Section 3.6 is repealed. SECTION XL. Chapter 3A is repealed. SECTION XLI. Chapter 5 is repealed. SECTION XLII. Section 5A.3 is amended to read as follows: Sec. 5A3. Applications. Applications for a permit to conduct bingo games shall be made on a form provided by, and shall be filed with, the license department. SECTION XLIII. Section 5A.4 is amended to read as follows: Sec. 5A.4. Issuance and term of permits. The issuing authority is the license department. Permits expire one year from the date of issuance. SECTION XLIV. Section 6.4 is repealed. SECTION XLV. Chapter 6, Article III, is repealed. SECTION XLVI. Sections 10.6, 10.7 and 10.8 are repealed. SECTION XLVII. Section 12.6 is amended to read as follows: Sec. 12.6. Use of premises as dumping grounds. It is hereby declared to be a nuisance and it shall be unlawful for any person to use or suffer or permit to be used any premises owned, occupied or controlled by'him or her in the city, for the throwing, dumping or depositing of table refuse, offal, swill, accumulation of animal, ORDINANCE NO. 86-19 -14- vegetable or other matter that attends the preparation, consumption, decay or dealing in or ~torage of meats, fish, fowl, fruits or vegetables, or animals, or any garbage or offal, ashes, tin cans or rubbish. SECTION XLVIII. Sections 12.6-1, 12.6-2, 12.6-3 and 12.6-4 are repealed. SECTION XLIX. Section 13.44(b) is amended to read as follows: (b) Cardrooms. No license for the operation of any cardroom shall be issued without proof of a valid registration under the State Qaming Registration Act. SECTION L. Section 13.44(f) is enacted to read: (f) Private patrols. No license for the operation of a Private patrol, as defined in section 1SA.l, shall be issued withont proof of valid licensing by the California Bureau of Collection and Investigative Services. SECTION LI. Section 14.3 is repealed. SECTION LII. Sections 15.14, 15.15 and 15.16 are repealed. SECTION LIII. Section 15.100 is amended to read as follows: Sec. 15.100. Authority to designate. Whenever any section or resolution of the city council designates and describes any street or portion thereof as a street the use of which is permitted by any vehicle exceeding a maximum gross weight limit of 10,000 pounds, the city administrator is hereby authorized to designate such street by appropriate signs as "Truck Traffic Routes" for the movement of vehicles exceeding a maximum gross weight limit of 10,000 pounds. SECTION LIV. Section 15.101 is amended to read as follows: Sec. 15.101. Method of use; exception. When truck traffic routes as described in the preceding section have been established and designated by appropriate signs, it shall be unlawful for any person to own, operate, stop or park any vehicle exceeding a maximum gross weight limit of 10,000 pounds on any street not so designated. In any prosecution under this section, a showing that such vehicle was parked at a location, whether there appears to be no access other than via a public roadway, shall constitute prima facie evidence that the vehicle was operated in violation of the proscriptions contained herein. ORDINANCE NO. 86-19 -15- An exception shall be made to the foregoing paragraph if it is necessary for such a described vehicle to load or unload at a specific destination not located on a truck route, but then only if the deviation is from the nearest truck route by the shortest reasonable rout~ only between 7:00 a.m. and 10:00 p.m., the loading or unloading is accomplished in the shortest reasonable time, and the truck is not left unattended. The provisions of this section shall not apply to passenger buses under the jurisdiction of the public utilities commission. SECTION LV. Section 16.6-1 is amended to read as follows: Sec. 16.6-1. Cardrooms--Regulations for operation. The following regulations shall be and are hereby adopted for the conduct and operation of cardrooms: (a) No cardroom shall remain open between the hours of 2:00 a.m. and 6:00 a.m. of any day. (b) There shall be at least two adequate and proper means of ingress and egress to the immediate area of the card tables. (c) No licensee, proprietor or operator of a card- room shall allow house players, shills or dummies to engage in card games. (d) No licensee, proprietor or operator of a card- room shall allow minors or any intoxicated person within any rooms wherein card games are played while such games are in progress. (e) No licensee, proprietor or operator of a card- room shall permit any disorderly conduct to occur therein or any other conduct constituting a breach of the peace or detrimental to the public welfare. It shall be unlawful for any person to violate any of the regulations or provisions of this section. SECTION LVI. Sections 16.17, 16.18, 16.19, 16.20, 16.21 and 16.22 are repealed. SECTION LVII. Section 16.33 is repealed. SECTION LVIII. Section 16A.2 is amended to read as follows: Sec. 16A. 2. Same--~pplication; applic'atilon fee; information ~ We shown. Ail applicants for an identity permit under the provisions of the preceding section must pay to the license ORDINANCE NO. 86-19 -16- collector an application fee as set by council resolution and must make application therefor to the license collector of the city upon forms provided by the city, which forms shall require the following information from the applicant: [Subparagraphs (1) and (2) shall remain unchanged.] SECTION LIX. Section 16A.16 is enacted to read as follows: Sec. I6A.16. SOlicitation of charitabl~, ~ or educational funds or other property - Permit require--~d~. It shall be unlawful for any person to solicit within the city for a contribution of funds, money or other property to be used or expended for any charitable, religious or educational purpose or object outside of the city without first obtaining a permit so to do from the director of finance. Before the director of finance shall issue such permit the person applying therefor shall file a written statement setting forth the following information: a. The object and purpose for which it is desired to solicit funds or other property. b. Who shall have charge and control of such funds or property. c. If such funds or property are solicited for permanent corporations, organizations or institutions where such organizations or institutions are located, and who are the incorporators or members thereof. d. A copy of the organization's federal tax exemption certificate. In case of doubt as to the responsibility of any person seeking a permit to solicit for such funds or property, the permit may be denied subject to the provisions of section 16A.14. Nothing in this section shall be construed to make is mandatory on the director of finance to grant the permit required in this section where the public peace or safety might be endangered in so doing. SECTION LX. Chapter 17 Personnel Generally is repealed, the "Exhibit A" contract is deleted in its entirety and a new Chapter 17 is enacted to read as follows: ORDINANCE NO. 86-19 -17- CHAPTER 17 PERSONNEL Sec. 17.1. Personnel rules and regulations. Personnel rules and regulations shall be adopted by resolution of the city council. Sec. 17.2. Retirement program. A retirement program for city employees shall be established by contract with the Public Employees Retirement System. SECTION LXI. Section 18.7 is amended to read as follows: Sec. 18.7. Park hours. Parks shall be closed as established by council resolution. When those hours are publicly posted, no person shall enter or remain in a park during those hours without prior approval of the director. SECTION LXII. Sections 18A.2 through 18A.12, inclusive, and sections 18A.15 through 18A.21, inclusive, are repealed. SECTION LXIII. The county ordinance following Section 18B.1 shall be deleted. SECTION LXIV. Section 20.3 is amended to read as follows: Sec. 20.3. Water not to be drained Over sidewalks. No drain pipe or water spout carrying water from any roof, building, swimming pool or any other source, shall be permitted to empty upon, or flow over, any sidewalk in the city. Water may be conducted in a pipe under the sidewalk to the gutter. SECTION LXV. Section 20.18 is amended to read as follows: Sec. 20.18. Minimum strength requirement for concrete. The minimum strength requirement for any concrete installed within the scope of this article shall be three thousand pounds per square inch after twenty-eight days when tested in a laboratory designated by the director of public works. Samples for te~ting will be taken by the city engineer or at such times as deemed necessary by the director of public works to control the quality of the work. Concrete failing to meet the strength requirement shall be removed upon order of the engineer. ORDINANCE NO. 86-19 -18- SECTION LXVI. Section 20.21 is repealed. SECTION LXVII. Section 21.10Id) is amended to read as follows: (d) CUls-de-sac. Turning circles at the end of cul- de-sac streets ~ha-l-fhave a roadway radius of not less than forty (B0) feet. Cul-de-sac streets shall serve no more than twenty-five [25) single-family dwelling units. Alternate designs for turning or reversing direction may be used in lieu of the turning circle if approved by the fire chief and the planning commission. Midblock provisions for reversing direction of travel may be required of culs-de-sac longer than five hundred (1500) feet. SECTION LXVIII. Section 21.29 is amended to read as follows: Sec. 21.29. Improvements on half streets and high- wa___y~;cUtOr~lI-~foPeS alon~u~ision boundar-~-lines. Improvements conforming to the requirements specified in the preceding sections shall be constructed on any half streets or highways (to center line plus twelve (.12) feet) within or adjacent to the development. If cut or fill slopes along the subdivision boundary line are found to be necessary, such slopes must be placed so that the property line will fall at the top of the bank which will exist upon the development of the site of higher elevation. A letter of permission from the owner of adjoining land to make the necessary cuts or fill slopes on his land will be accepted in lieu of an easement for such slopes. Land occupied by such cut or fill slopes within the subdivision shall be dedicated as "slope ems ement s." SECTION LXIX. Section 21.46 is repealed. SECTION LXX. Section 21.51.1 is amended to read as follows: Sec. 21.51.1. Effect of ~ielays in the processing of the final map. If the final map is not recorded within sixty (60) days after all required signatures are obtained, the map shall be returned to the public works department, and retained there without recordation until the developer is prepared to record the map immediately. An approved or conditionally approved~entati~e map is valid for twenty- four (24) months. Said approval may, at council discretion, be conditionally extended for three (3) periods not to exceed an additional twelve (112) months each. If the map is not recorded by the time of expiration of the tentative map, the developer will be required to start with the tentative map process again, the final map may be declared null and void and the developer may be required to prepare a new map. ORDINANCE NO. 86-19 -19- SECTION LXX!. Section 21.52 is amended to read as follows: Sec. 21.52. Fees re~uiredupon Submi~sSilon Of maj,; amounts ~ees. In addition to all other fees and charges required by law, upon submitting the final map, plans or approved record of survey map under the provisions of the Subdivi- sion Map Act, the developer shall pay fees for map checking, recording, hydrant positioning, public works and engineering services, development fees, and fees for existing infrastructure related to the development. These fees shall be set from time to time by resolution of the city council, a copy of which shall be kept on file in the office of the director of public works. SECTION LXXII. Chapter 22, Article III, is repealed. SECTION LXXIII. Chapter 23, is repealed. SECTION LXXIV. Chapter 24, Article I, is repealed. SECTION LXXV. Section 27.13, is amended to read as follows: Sec. 27.13. Return of deposits;dedUction of unpaid bills; forfeit~-~e. Lessors or renters of the premises upon which water service is furnished who have paid their water bills to the city by the twentieth of each month for a period of at least one year shall, upon demand, have their deposits as provided in the preceding section shall have their deposits returned to them when their accounts are closed, but the amount of any unpaid bills shall be deducted from such deposit before such deposit is returned. No deposit need be returned without the surrender of the receipt issued therefor. At the expiration of one year after a closing bill has been rendered the amount of the deposit or the balance thereof shall be forfeited and the same shall be transferred to the Water Operating Fund. SECTION LXXVI. Section 27.36, is amended to read as follows: Sec. 27.36. Nonpayment of water bills; notice to consumer. Bills for services shall become delinquent thirty days after mailing. If a bill for services becomes delinquent, the customer shall be notified by a late notice. After the late notice is mailed, the customer shall pay the delinquent bill on or before the date specified therein or the water service shall be discontinued. ORDINANCE NO. 86-19 -20- SECTION LXXVII. Ail other ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION LXXVIII. This ordinance shall take effect and be in full force thirty (130) days from and after its adoption and approval. PASSED AND ADOPTED this 6th day of October 1986, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, VALDEZ and HUGHAN NONE PALMERLEE APPROVED: ATTEST: ORDINANCE NO. 86-19 -21- I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 86-19 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 6th October , 19 86 ., at which meeting a quorum was day of present. affixed the Official Seal of the City of Gilroy, this IN WITNESS WHEREOF, I have hereunto set my hand and 22nd day of October , 19 86 /City Clerk of t City of Gilro~t~ (Seal)