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Ordinance 627 iI' ORD! NANCE NO. 627 ADMINISTRATIVE CODE CITY OF GILROY, CALIFORNIA THE CITY COUNCIL OF THE C!TY OF GILROY, PURSUANT TO ARTICLE IV, SECTIONS 408 AND 411 AND ARTICLE VIII, SECTION 800, OF THE CITY CHARTER, ADOPTED AT AN ELECTION HELD m~ AUGUST 18, 1959, AND MADE EFFECTIVE APriL 19, 1960, DOES ORDAIN AS FOLLOWS: CHAPTER I - GOVERNMENTAL STRUCTURE Section 1.0 ORGANIZATION The governmental forces of the City of Gilroy shall be organized into the following depertmental and official categories and the head of each de- partment or office shall be known by his respective title as shown: GENERAL GOVERNMENT... LEG! SLATIVE DEPARTMENT OR OFFICE CI ty Counci I TITLE Mayor GENERAL GOVERNMENT... ADMINISTRATIVE DEPARTMENT OR OFFICE Office of the Clty Administrator Office of City Clerk Office of City Attorney Department of Finance nTlE City Administrator CIty Clerk Ci ty Attorney Director of Finance PUBLIC WORKS AND UTILITIES DEPARTMENT OR OFFICE Department of Public Works 11 TLE Director of Public Works PUBLIC SAFETY DEPARTMENT OR OFFICE Department of Police Department of Fire Office of Civil Defense TITLE Chief of Police Fire Chief Assistant Director of C i vi 1 Defense, S.C.C. Dept. of Public Hea I th Department of Health CULTURAL AND RECREATIONAL DEPARTMENT OR OFFICE Department of Parks and Recreation TITLE Director of Parks and Recreation City Librarian Department of Library and Culture / ')H _ 1 _ .r ... ~.J 1 i vt i /,...... . rrc Y' , ( \. . . CHAPTER II ... CITY COI,;NCtL ORGANIZATtoN AND PROCEDURE Section 2.0 REGULAR MEETINGS a. TIME. Regular meetings of the City Council shall be held on the first and third Mondays of each month at 8 olclock p.m. Whenever the day fixed for any regular meeting of the Council falls upon a day designated by law as a legal or national holiday, such meeting shall be held at the same hour on the next succeeding day not a holiday. b. PLACE. All meetings of the Council shall be convened in the Council Chambers in the City Hall, 10 South Rosanna Street, Gilroy, California. 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 desig~eted by the Presiding Officer of the Coun- ci 1. c. PUBLIC. All meetings of the ~ouncil shall be open to the public, how- ever, the CIty Council may hold executive sessions to consider the appointment, employment or dismissal of a public officer or employee or to hear complaints or charges brought against such officer o'r employee by another public officer, per- son or employee, unless such officer or employee requests a public hearing. The CoutlCU may efso exclude from 6ny. SLtch'public or private meeting. during the examination of a witness, any or all other witnesses in the matter being investi- gated by the Council. Section 2.1 SPECIAL MEETINGS Special meetings of the City Council shall be held under the conditions and in the manner set forth in Article IV, Section 408 of the Charter. Section 2.2 COUNCil AGENDA In order to facilitate the orderly conduct of the business of the Council, the City Clerk shall be notified not later than 2 o'clock p.m. on the Thursday preceding a regular Council meeting of all reports, communications, ordinances, resolution, 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 2.3 THE PRESl01NG OFFICER The Mayor shall preside at all meetings of the Council and shall have a vote but shall have no veto power. The Mayor shall have authority to preserve order at all Council meetings and to remove or cause the removal of any person from any meeting of the Council for disorderly conduct, to enforce the rules of the Council, and to determine the order of business under the rules of the Coun- ci 1. ... 2 - " In case of the temporary absence or inability of the Mayor to act the~a~r Pro Tempore shall preside. In case of the absence or disability of both the Mayor and Mayor Pro Tempore the Council shall elect one of tis members to act as Mayor Pro Tempore. Upon the arrival of the Mayor, the Mayor Pro Tempore shall relinquish the chair upon the conclusion of the business immediately before the Coumcil. The Mayor, or in his absence, the Mayor Pro Tempore, shall take the chair at precisely 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 re- gular and special meetings of the Council. He shall state every question com- ing 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 conclusively determine such question of order. Section 2.4 QUORUM A majority of the entire membership of the Council shall constitute a quorum to do business, but a less number may adjourn from time to time. In the absence of all members of the council from any meeting tI the City Clerk may declare the same adjourned to a stated day and hour. If he does, he shall cause written notice of the adjournment to be given in the same manner as provided for special meetings in Article IV, Section 408 of the Charter. Section 2.5 ORDER OF BUSINESS Promptly at the hour set by this ordinance on the day of each regular meet- ing, the members of the Council, the City Administrator, the CIty Clerk, the City Attorney, the City Engineer, and the DIrector of Public Works shall take their regular stations in the Council Chambers, and the business of the Council shall be taken up for consideration and disposition in the order appearing on the Council agenda which order shall be set forth by resolution. With unanimous cousent of the Council business may be taken up out of order. Section 2.6 READING OF MINUTES Unless the reading of the minutes of a Council meeting Is requested by a member of the Council, such minutes may be approved without reading if the Clerk has previously furnished each member with a copy thereof. Section 2.7 RULES OF DEBATE a. PRESIDING OFFICER MAY DEBATE. The Mayor or Mayor Pro Tempore may de- bate from the chair, subject only to such limitations of debate as are by these rules imposed upon all members. - 3 - b. GETTING THE FLOOR. Every member desiring to speak shall address the chair, and upon recogoition by the presiding officer, shall confine himself to the question under debate, avpiding all personalities and indecorqu~ language. c. INTERUPTIONS. A member, once recognized, shall not b~ Jnterrupted when speaking unless it be to call him to order. If a member,whlle speaking, be called to order~ he shall cease ~p~king until the question of order be determined and, if in order, he shan be permitted to proCEled. d. PRIVilEGE OF CLOSING DEBATE. T~e Councilman moving the adoption of an ordinance or resolution shall have the privilege of clo$J'ng the debate. e. REMARKS OF COUNCILMAN. A CounciJ~n may request, through the Presiding Officer, the privi lege of having an abstrac;~ of 1,1.5 statement on any subject under consideration by the Counci I entered I" the minutes. if the Counci I con- sents thereto, such statement shall be entered; provided, however, any Council member without Council consent shall have the'ri9ht to have the reasons for his dissent frOm, or protest against, any action of t~e Council entered in the min- utes. , f. S~OPSIS OF DEBATE. The Clerk may be directed by the Presiding Officer, with consent of the Council, to enter in the minutes a synopsis of the discussion on any question coming regularly before the Council. g. RULES .OF OROER. Except as, otherwise provided in this chapter, "Robert's Rules of Order Revised, 75th Anniversary Editionll shall govern the conduct of the meetings of the City Council. Section 2.8 ADDRESSING THE COUNCIL Any person desi ring to address the Council at a meeting shall first secure the permission of the Presiding Officer so to do; provided, however, that under the heading IlPETITIOHS~ WRITTEN AND ORAl,lI after being recognized by the Pre- siding Officer, interested parties or their authorized representatives may ad- dress the Council on matters concerning their interests. Preference shall be given to those persons who have notified the City Clerk of their desire to speak far enough in advance to allow the same to appear on the agenda of the Counc i I . Section 2.9 ADDRESSING THE COUNCil AFTER MOTION MADE. After a motion is duly made and seconded by the Council, no person other than a member of the Council shall address the Council without first securing the permission of a majority of the Council to do so. This address, upon the subject to be voted upon, may not exceed three minutes duration and no person may speak more than once at this time. Section 2.10 MANNER OF ADDRESSING THE COUNCil. Each person addressing the Council shall stand and give his name and address in an audible tone of voice for the records. All 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 dis- cussion, either directly or through e ~ber of the Council. without permission' of the Presiding Officer. No qUe~t'Oft ,hat, be tsk'd' tounellmen except through the f~esldlng officet\ ~ \ . ~ " . ~ .. 4 - ... ",,; Section 2.11 VOT!NG BY COUNCIL No member of the Council shall be allowed to explain his vote or discuss the question while the roll is being called, and no member, shall be allowed to change his vote after the vote is announced by the Presiding Officer. Section 2.12 ADJOUR,NMENTS, The Council may adjourn any regular, adjourned or special meeting to a time and pla~e specified in the order for adjournment. Whenever an order for adjournment fails to state the hour at which the adjourned meeting is to be held it shall be at 80'cloek p.m. on the day specified In the order for ad- j ournmen t . All matters may be considered and passed upon at such adjourned meetings as could have been considered 'and passed upon at the meetings from which such adj ourn....u were taken and sha 11 be deemed to be a continua ti on of the meet- ing from which the adjournment was taken. A motion to adjourn, except during roll call, shall always be in order and decided without debate. When a motion is made and seconded to adjourn, it shall be in order for the Presiding Officer before putting the question, to permit any member to state any fact to the Council relating to the condition of the bus I ness of the Counc i I wh i ch wou I d seem to render i t improper', to adj ourn at that time. Such statement shall not be debatable and shall not be of more than two minutes duration. Section 2.13 POWERS AND DUTIES The CIty Council is the governing body of the CIty and Its powers and duties shall be as set forth in the Charter. CHAPTER III . CITY ADMINISTRATOR'S OFFICE Section 3.0 OFFICE OF CITY ADMINISTRATOR The Office of City Administrator is established by the Charter. Section 3.1 POWERS, DUTIES AND RESPONSIBILITIES The powers, duties and responsibilities of the City Administrator shall be as set forth in the Charter. In addition to thoseresponsfbl1ities therein set forth it shall be his responsibf lIty to cause to be prepared ItAdministrative Manuals" setting forth administrative rules, regulations and procedures neces- sary for the prope~ functioning of and coordination among all departments of city government. T"ese ''Administrative Manuals" shall be consistent with the Charter and City ordinances and shall not require adoption by the Council. Section 3.2 DIVISION OF PERSONNEL In the office of City Administrator there'shall be a; Division of Personnel headed by the Director of Personnel. The Director of Personnel shall be appointed by the City Administrator and shall be respons- ible for and required to; - 5 - a. ~~t",d MeetY"9s Attend all meetings of the Personnel Commission and act as its Secretary. b. OrdtftAnce Cause to be prepared and the. Council shall adopt a personnel ordinance ~hich shall provide for the adoption:by resolution of personnel rules and a posit,i,on classifil;8tlonandcompensation,plan for city employees. c. Adtnl,.lster Rules Administer all personnel rules not 'specifically r.. served to the Council. d. Personnel Rules Prepare and recommend to the Council the adoption amendment, revision or repeal of such personnel rules as the Personnel Commis- sion may advise. ' e. ,fosl~ion C,lasstflcation Plan. Maintain a position classifil;8tion plan for City employees.and make such reCOl1l1lendations to the Council for its Improve- ment as the Personnel Convnission may advise. f. ~cpDensatlon Pla,n Maintain a plan of compensation for City employees and recommend such revisions as the Personnel Commission may advise. g_ Tests for. Positions Publish or post notices of tests for positions in the Classi/f~d Service; receive applications ther~for; conduct the grade tests; certify to the person having the power of appointment a list of all persons eli- gible for appointment to the appropriate position In the Classified Service; or he may recommend that these services be performed under contract. h. P~sonnel History 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. i. Job RequJrements. Provide each new employee with Information regarding his job requirements. j. ~ounctJ RequIrements" Perform such other duties as the Council may re- quire by ordinance or resolution. CHAPTER IV - OFFICE OF CITY CLERK Section 4.0 OFFICE The office of City Clerk is established by the Charter. This office shall be under the direct control of the City Clerk as to statutory duties but subject to the general administrative direction of the City Administrator. Section 4.1 POVERS AND OUT I ES The powers and duties of the City Clerk shall be as set forth in the Charter. - 6 .. CHAPTER V ... OFFICE OF CITY ATTORNEY Section 5.0 OFFtCE r r , The office of City Attorney is: establ ished by the Charter. Section 5.1 POWERS AND DUTIES The powers and duties of the CIty Attorney are set forth in the Charter. In addition to those powers and duties therein set forth, the City Attorney shall be responsible for and be required to: a. ~9.s1atl~ Keep the Council and City Administrator informed as to all legislation affecting the City government. b. .~nsuranceandClail'!)!: Process all insurance matters and claims against the City. c. MeettnS! Attend designated meetings of boards, commissions and spe- cial committees of the City government, and represent City Departments and of- fices before State or local courts, boards or commissions when there is opposing counsel. d. ~roposed LeQlslatton Prepare and promote state and federal legiala- tion proposed by the City. e. Annexatlon ProceedJ}!S!,. Process all annexation proceedings. CHAPTER VI - DEPARTMENT OF FINANCE Section 6.0 CREATION The Department of Finance is hereby created. Section 6.1 OFFICE A Director of Finance shall be the head and shall be appointed by the City Administrator with the Consent of the Council. The City Administrator shall serve as IIDirector of Finance" until such time as the growth and expan- sion of City services demands an increase in staff and personnel for this of- fice. Section 6.2 POWERS AND DUTIES In all cases where the duty is not expressly charged to any other depart- ment or office, it shall be the duty of the Director of Finance to act to pro- mote, secure and preserve the financial and property interests of the City. The Director of Finance shall: a. F t S~ I $upe.rv 1 sf on QV-'f qff-l ceu Exerc i se genera I super\11 s i on over all officers of the CIty regarding the proper management of the fiscal concerns of their respective offices. ... 7 - '" b. Examine 8oo~ Examine the books of each department from time to time, and see that they are kept in the proper form. c. l~r~ O,eUt<<l~f PaYOl~t$, and Fhtil~ta~ le~rts See that the offi.. cers receiving money deposit the same in such banks as the Council may desig- nate when thereto required, and that all necessary financial reports are made by officers, and shall report all delinquencies in such payments or reports to the Administrator. .. d. ~lIty UDm Def.atl1.~ qf 9!ftc.e.t. Report the default of any officer of the City to the Administrator who shall, with the consent of the Council, direct the City Attorney to take immediate legal measures for the recovery of the amount for which such officer may be in default. e. ,bcb an;d CoUater.al Have charge of and keep in a safe deposi t box in a bank or banks, all bonds and securities which have been purchased by the City and all bonds of banks deposited with the CIty as collateral for protec- tion of City funds. Bonds owned by the City will be cashed only by order of the Counc i I . f. Cus'aov and Dtsbu:rsement of Mont,es, Have custody of all montes paid to the City and shall disburse City monies upon warrant of the City Auditpr. g. Ass. I stant , Appoint, with the consent of the Council, an'IAssistant Director "of Finance" who shall assist the Director of Finance with such duties as may be delegated to him. Section 6.3 DIVISIONS OF DEPARTMENT OF FINANCE The Department of Finance shall be divided into the following Divisions and Supervisors thereof: a. DIVISION OF ACCOUNTS. Under the direct supervision of the City Auditor who shall be appointed by the City Administrator. The City Clerk 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: 1. Accounts Maintain a general accounting system and accounting cQntrot~ f9r al. depart~ts, offices, boards, commis$ion$ and agencies of ~f.t.y 19Qvernment. i . "." " '\' .~ ' c .' .' 2.' prescribe Form pres",.,c~i,~, ~e the fo~m of aC~~\H,1t~ ~",d reports to be rendered to t'im. . , 1';~ '3. Audit Accounts ~am'ne a.,~ ~",dit tl'le accounts of all officers I ~n~ departments, subject to the approval of the C'ty Administrator. ii" oj 4. ~'nancial Statements monthly audited statements of all b~lances,and such other financial c! I" !MY requi re. f;; , .l Submit to the C'ty AdmJnistrator and Coun~il receipts and d'sbursements;'~ash on hand, fynd statements as the City Adm'ni$~rator or C?un- !, , ; ~"Il' - 8 " : ~ 5. Budqet D.!:!.~J.!! Give such assistance in the preparation of the budget as may be required by the City Administrator. 6. ~221~-!2QESt Contracts, etc. Be charged with the custody of the official bonds of City employees, except his own, which shall be In the custody of the Finance Director, and with the custody of all deeds, mort- gages, contracts, contract bonds, judgements, notes, debts and choses In action. 7. Pavr~M~~ Prepare and record the monthly payroll and voucher all ealims against the CIty and prepare the necessary warrants and checks for payment thereof. 8. J,g!',g....!nd !n!!r~~t Pa~able Re~ist~ MaintaIn a Bond and Interest payable register and other records correctly showing all the capital assets and liabIlities of the City. b. DIVISiON OF PU~CHASE Under the direct supervision of a City Pur- chasing Agnet, who shall be appointed by the City Administrator, and he shall be responsible for and be required to: I. lYrW.J.1.!lll Do a 11 the purchas i ng of mater i a Is, supp lies, equ I p- ment and services for all departments. divisions, offices, boards, commissions and instItutions of City government with the exception of the Library and Culture CommissIon. 2. Specification! -Prepare standard specifications for materials, supplies. equipment, and services wherever possible. 3. 'urchas~r~!1 Maintain a purchase order system and Issue a purchase order for every purchase which shall be sIgned by him or the City Ad- ministrator, and authorize for payment no claim of a~y vendor unless the pur- chase order number appears on the invoice. 4. S9mpeti tive P.c..ocess~ EstablIsh and uti I ize competf tlve pro- cesses by endeavoring to purchase at the lowest price consistent with the quality required. s. Records Keep Informed and maintain a record of vendors and sources of supply for all classes of purchases, price trends and other related ma tter . 6.Sto~! Establish and operate a system of stores for the bulk purchases of com~ly used items, when so approved by the Council. 7. ~.Lr!.y. of fY!~!2.! Refer to the City Administrator for approval any request for the purchase of materials, supplies, equipment or services which he deems unnecessary or which Is not provided for In the budget. 8. Sell Pe~soFal ~r<opertx Sell. subject to the approval of the City Administrator, such personal property as, in the opinion of the department head, officer, board or commission controlling it. will not be needed for further public use, except that such personal property having a value of more than fifty dollars shaH have the approval of the Council prior to sale. - 9 - 9. Budqet Duties Give such assistance in the preparation of the budget as may be required by the City Administrator. 10. .b.~alJ-U: Conduct the transactions of his office In strict con- formity with Sections 703 and 1109 of the Charter and with provision of State law applicable thereto. c. DIVISION OF BILLING AND COLLECTION Shall consist of the Billing Section and the Collection Section. This Division 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 re- quired for the proper functioning of these Sections and the proper protection of City monies. I) The BIIlinq Section The responsibilities and duties of this Section sha II be: a. The billing of license fees, permit fees, rentals. water charges, sewer rental charges, charges for special services, deposit charges, and any and all other charges for services or materials to be made by the City. b. The accepting of applications for service and handling of customer complaints. c. The maintaining of accounts receivable and customerss deposit ledgers. d. The malntainl*g of meter reading schedules for the billing of water and sewer services. e. The performing of the mailing functions of the various departments of the City. 2) The Collection Section The responsibilities and duties of this Sec- tion shall be~ a. The performing of all the functions of collecting and depositing of monies receivable and due the City. b. The collection of all taxes, special assessments, water charges, de- p.slt charges, sewer rental charges, license fees, permit fees and any and all other revenues collectable by the City. c. The receiving and custody of all monies receivable by the City from any source, and the issuing of receipts therefor. d. The safekeeping and the depositing of all monies received, in such depositories as may be designated by the City Council. in compliance with the provisions of the State laws governing the hand1ing, depositing and securing of public funds. - 10 ... CHAPTER V II - DEPARTMENT OF PUBLl C WORKS Section 7.0 CREAT!ON The Department of Public Works is hereby created. Section 7.1 OFFiCE A Director of Public Works shall be the head and shall be appointed by the City Administrator, with the consent of the Council. Section 7.2 POWERS AND DUTIES In all cases where the duty is not expressly charged to any other de- partment 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 aod to direct and control all the functions assignable to this department. The Director of Public Works shall: 1. !YE.lk,!'2r~S-,&!!iUJ.~1l1!ies Supervise the construction, inspection, maintenance and operation of the Cityis public works, water supply and fire hydrant systems. 2. pui ldIll~..2~ Ins.!ill~tJ.2!!! Direct and be responsible for the pro- per maintenance of City owned'butldings, and installations which are not di- rectly assigned to another department or office or which may be assigned by the City Administrator. 3. ~.-!!nd fu'.:.9~Jla.tLon1 Enforce the laws, ordinances and regulations relating to work done in public streets, easements and rights~of.way and administer all rules and regulations governi~g the connection to and use of the sewer, storm drain and water supply systems. 4. $nqin~eerinq W.2.r,,~' Perform or direct all phases of engineering work required in connection with the functions of the City not otherwise assigned to another department or office. 5. i~~~_Work Approve for acceptance after proper inspection all contract work let by the City effecting streets, alleys and the sewage dis- posal, storm drain or water supply systems. 6. .8!!:~nd ~~~~1!l9! Attend all meetings of the Planning Commission, and act as its secretary until such time as expansion of City services re- quires the appointment of a Planning Officer who shall then assume the duties of Secretary. 7. Other Duties Perform such other duties as may be required by the CI ty Adm(ni'stra't"Or-:- - 11 - Section 7.3 DIVISIONS OF DEPARTMENT OF PUBLIC WORKS The Department of Public Works shall be divided into the following Divisions and Supervisors thereof: a. DIVISlm~ OF STREET AND SEWER MAINTENANCE shall consist of the Street Maintenance Section and the Sewer Maintenance Section. This Division shall be under the direct supervision of a Street and Sewer Foreman who shall be appointed by the City Administrator. 1. The Street MaIntenance Section The responsibilities and duties of this Section "S'haTi~-to: -- a) Maintain the Clty's street and alley system in a state of good re- pair and in a condition safe for use of the general public. b) Block off any defective or unsafe sections with adequate lighting and protective devices during repairs and to provide for necessary detours. c) Provide and operate a regular sweeping and cleaning schedule to keep the streets and alleys in a clean and sanitary condition. d) Perform all authorized construction projects for the extension, widening, rebuilding or other improvements to the street or alley system not let to private contract. e) Perform all necessary cleaning and maintenance of publ ic parking lots. f) Maintain the central yard for the housing and storing of depart- mental equipment and supplies in a clean and orderly manner. g) See that the automotive and other equipment used by the Street Maintenance Section is regularly serviced and kept in a clean condition. h) i) partment as Perform such maintenance of parkways as may be assigned. Work in cooperation with other divisions and sections of the de- assigned. 2. The Sewer Maintenance Section The responsibilities and duties of this section ~all be to: a) Maintain and operate the City's sewage disposal plant, and the . sewage disposal and storm drain systems; including the removal and prevention of stoppages and the making of any necessary repairs. b) Perform all authorized projects for the extensions, improvements and betterments to the sewage disposal and storm drain systems, not let to private contract. c~ Maintain the central yard for the housing and storing of depart- mental equipment and supplies in a elean and orderly manner. - 12 - . d) See that the automotive and other equipment used by the Sewer Maintenance Section is regularly serviced and kept in a clean condition. e) Establish a program of annual maintenance of the sewage disposal and storm drain systems and keep appropriate records as required. b. DIVISION OF WATER MAINTENANCE Under the direct supervision of a Water Foreman, who shall be appointed by the City Administrator, and who shall be responsible for and required to: 1. Gene~1 Water S~sJt~ Operate and maintain the general water sys- tem for supplying the requirements of the various water consumers of the City. 2. .~~p'inq Plants a~1_~rvoirs Operate and maintain the pumping plants, reservoirs, supply lines, central valves and storage valves of the system. City. 3. Fire HvdraQ!! MaIntain the general fire hydrant system of the 4. Custo~~r ServJ~ Check for water leaks on private premises when so requested by the consumer, and perform such other lawful services as necessary to promote good will between the city and the water consumer. 5. Constructioq Perform all authorized construction projects for the extensions, improvements and betterments to the water system, not let to pri- vate contract. 6. Central Yard Maintain the central yard for the housing and stor- Ing of departmental equipment in a cl&an and orderly manner. 7. EQuipm.!!!! See that the automotive and other equipment is regular- ly serviced and kept in a clean condition. 8. Maintenance Establish a program of annual maintenance of the water system and keep appropriate records as required. 9. ~appinCl Provide accurate mapping and necessary records for all new mains and services. 10. Cooperation Work in cooperation with other divisions and sec- tions as assigned. c. DIVISION OF BUilDING MAINTENANCE under the direct supervision of a Building Maintenance Foreman who shall be appointed by the City Administrator. The Director of Public Works shall serve as Building Maintenance Foreman un- til such time as the growth and expansion of City services demands an increase in staff and personnel in thts office. The Building Maintenance Foreman shall be responsible for and be required to: - 13 - 1. Janitorial Service Provide janitorial service for the City Offices and other public buildings ~s a'~.gRed. 2. Mainten?nce and Repair Remodel, maintain and repair the Public Buildings and facilities as required and requested. 3. !atiqn2.LfJ.!9.. Properly display, remove and care for the national flag, and other flags on appropriate occasions, during hours and in the manner provided by law and custom. 4. Repair Services Provide construction and repair services for the various departments of the City as directed. d.DIVISION OF TR.~FFfC ENGINEERING Under the direct supervision of a Traffic Engineer, who shall be apr~inted by the City Administrator. The Di- rector of Public Works shall serve as Traffic Engineer until such time as the growth and expansion of City services demands an increase in staff and per- sonnel in this office. The Traffic Engineer shall be responsible for and required to: I. Street ~!~~ Provide for approved street and highway marking which includes painting parking stalls, limited parking zones, pedestrian caution signs and the placing of city limit signs. 2. Traffic Devices Provide.'for authorized installation of traffic control signs which inclUdes traffic signals, stop signs, warning devices, cen- ter strips on streets and highways and pedestrian cross walks. 3. lraffic Survexs Conduct traffic analyses and surveys which includes the taking of speed checks, ascertaining traffic volume and making studies for acci dent prevention. 4. Studies and Recommendations Make street system studies which ...........-....-.__~~cr-_....... includes reports and recommendations as to the City's existing system and the need for future street extensions, widening and new installations. 5. Coordination w.ith Police Department Coordinate activities with Police Department Traffic Safety functions. 6. Contract Services Until such time as the growth and ,expansion of the City services demands an Tncrease in staff and personnel in this division, any of the above listed services may be perfonned under contract with a public or private firm or agency. Such contract to be signed by the City Administra- tor with the advice of the Director of Public Works and the consent of the Coun- cil. e. DIVISION OF ENGINEeA1NG~ The Division of Engineering shall be under the direct supervision of the City Engineer, who shall be appointed by the City Administrator. Until such time as the growth and expansion of City ser- vices demands an increase in staff and personnel in this office the work of City Engineer shall be performed under such contract with either public or private engineering agencies as deemed necessary by the City Administrator upon the advice of the Director of Public Works and consent of the Council. - 14 - When requested by the Director of Public Works~ with the consent of the City Administrator, the City Engineer shall be responsible for and required to: I. P~blic 1~2Yemerts Supervise and perform the preparation of all required plans and specifications relating to any and all public improvements, including the designing, drafting and estimating. 2. !!a!l.!l.~ep'iP9. and '~pectIOQ Provide the staking. mapping and inspecting of work in progress in the field and perform other related work as required. 3. Chang~~~n Public Works Proiect! Engineer and process for approval any essential changes on public works projects fOUQd to be necessary while work is in progress. 4. .f.!...lln.9...SLQqc:~~.rc!! Prepare and file i!1 the office of the Direc- tor of Public Works all necessary permanent offtcial maps, records, reports, ' documents and data in connection with the completed work as performed. 5. Prepa~cuments Prepare all the necessary forms, notices and contract documents for public works and other projects to be let by bid and make necessary reports for payment. 6. Lands. Easements and R1JLhts-of-Way Supervise and perform the ac- quisition of all lands, easements and rightsc.of-way req41red by the City and maintain suitable maps and records showing these holdings. 7. Subdi~-'sion Ma..e.L~_d Aqr~~ents Certify approved subdivision maps. prepare and process subdivision improvement agreements and supervise, coordinate and inspect the required installation. f. DIVISION OF BUILDING INSP"tTION. The Division of Building Inspection shall be under the direct supervision of the Building Inspector, who shall be appointed by the City Administrator. The Building Inspector shall be responsible for and required to~ 1. l.!!spect Pla!!! Review and inspect all prel iminary and final blue- prints, drawings and tracings which are submitted for approval prior to the construction, erection or alteration of any building or structure to insure compliance with the applicable Building~ Plumbing. Electrical, Gas~ Heating and/or other pertinent codes adopted by the Council. 2. Issue Perm!!! Issue the proper permit to the appllc~ If approval is granted for the construction, erection or alteration as specified in the proposed plans being submitted. 3. Make Inspect~! Make required inspections during the various stages of work progress to insure that all factors meet the demands and re- quirements of the applicable Code. 4. .k...ondemn Bui ldi!!9!. Condemn unsefe bui Idings and inforce the cor- rection of hazardous conditions, or cause their removal by the use of proper legal proceedure. - 15 - 5. Administer Zoninq Ordinance Administer the Zoning Ordinance and investigate and report on requests for variances, special use permits and ap- plications, fer rezonilllg. 6. ~QsinJl-of Contractors Enforce all laws and ordinances re- lating to the proper licensing of contractors and sub-contractors. 7. Maintain Records Maintain proper and adequate files and records of a 11 work perfO"r'ffied. h. DIVISION OF PLANNING. The Division of Planning shall be under the immediate supervision of the Planning Officer who shall be appointed by the City Administrator. The Director of Public Works shall act as Planning Of- ficer until such time as the growth and expansion of City services demands an increase in staff and personnel for this office. Certain planning services, as are deemed necessary by the City Administrator, may be performed under con- tract by an agency, either public or private. Any contract for planning ser- vices shall be approved by the City Administrator upon the advice of the Di- rector of Public Works and consent of the Council. The Planning Officer is responsible for and required to: I. Master Plan Prepare and administer a master plan for the order- ly development of the City, including such precise plans as may be deemed es- sential. ' 2. 2!udies and Survell Conduct studies. surveys, and other inves- tigations considered necessary to prepare for the City's future growth. 3. Recommendations. Subdivision! Review and make recommendations, on the acceptibility of proposed subdivisions and their compliance with mini- mum requirements for public facilities, street and traffic patterns, land use regulations and necessary dedications. 4. Assist Planninq Commission Provide all necessary assistance to the Planning Commission,. CHAPTER VIII · OEPARTMENT OF POLICE Section 8.0 CREATION The Department of Police is hereby created. Section 8.1 OFFICE The Police Oepartment shall be under the direct supervision of a Chief of Police who shall be appointed by the City Administrator, with the consent of the Counc II . Section 8.2 POWERS AND DUTIES In all cases where the duty is not expressly charged to any other depart- ment or office, it shall be the duty of the Chief of Police 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 supervise the functions of the divisions of the Depart- ment of Police. Until such time as the growth of the City demands that police officers be assigned to the individual divisions, all officers shall be assign- - 16 - ed to and perform the duties of all division. When the Chief of Pollee deems it necessary to activate any division he shall report the same to the City Administrator who shall traasmit said report to the City Council with his re- commendations thereon. The Council shall decide as to the activation of the division. When a~y division is activated an officer of appropriate rank shall head the division. Section 8.3 DiV1S~ONS OF THE DEPARTMENT OF POLICE The Department of Police shall be divided into the following divisions: a. DIVISION OF GENERAL ENFORCEMEilT. The responsibilities end duties of this division shall be to: 1. .fr.Qs~Lf~:?~ Execute and return a II court process papers Is- sued by proper legal authcrity. 2. Powers Exercise all powers that are now or may hereafter be conferred upon sheriffs' and other police officers for keeping the citizenry secure in their persons or property. 3. Control Control nuisances, prevent disorderly conduct, and keep the peace. 4. Enforce Laws Enforce the general laws and ordinances of the City, County ~State.of California. 5. Re~2!:!!! Keep such records of police activity as may be deemed necessary by the Chief of ~olice or required by the Council. Such records shall be open to persons having proper interest therein and such inspection shall be in conformity with the specific provisions of the various State Codes. 6. .:!!il Superv i se the j ail. 7. Other Duties Perform such other duties as may be appropriate to this division. b. DIVISION OF CRIME PREVENTION AND DETECTION. The responsibilities and duties of this division shall be to: I. ~etect~ Investigate complaints, interrogate suspected persons, apprehend felons, secure warrants. book prisoners. examine and present valid evidence to the Courts, and maintain report and record files of the disposition of cases. 2. Prevention Establish, maintain and supervise a crime prevention program utilizing all the best methods and modern techniques for eliminating conditions conducive to the commission of crime, especially among juveniles; promote and support all worthwhile activities which encourage observance of law and high standards of good citizenship. .. 17 - c. DIVISION OF TRAFFIC CONTROL. The responsibilities and duties of this division shall be to: 1. Traffic Control Make accident investigation reports for the cor- rection of traffrc-haza~diS;-patrol streets, alleys and highways, and enforce traffic laws. 2. ~! Operate and maintain the desk and communications units, patrol the assigned areas of the CIty, operate the radar unit, issue citations, make arrests, inform the Director of Public Works of any inoperative or dam- aged street lights, signs, traffic control devices and structures, and perform related services as required. 3. ~~strian Saf~~ Control traffic at major crosswalks at or near school crossings, etc. by utilizing part time crossing guards and the organization of school boy patrols. d. DIVISION OF TRAIN~NG. This division shall be under the direct super- vision of the Chief of Police. The responsibilities and duties of this divi- sion sball be to promote the proficiency of the department's members by the administration of training, study and physical conditioning programs. e. DIVISION OF ANIMAL CONTROL. This division shall be under the direct supervision of the Poundmaster who shall be appointed by the City Administra- tor. It shall be the duty of the Poundmaster to: 1. Animal Requlation Enforce the City ordinances pertaining to ani- mal regulation and control. 2. Stra~ Animals Impound stray animals. 3. Dead and Injured Animals Remove and dispose of dead and injured animals from streets or public places. C~PTER IX - DEPARTMENT OF FIRE Section 9.0 CREATION The Department of Fire is hereby created. Section 9.1 OFFICE The Department of Fire shall be under the direct supervision of the Fire Chief who shall be appointed by the City Administrator with the consent of the Council. Section 9.2 POWERS AND DUTIES In all cases where the duty is not expressly charged to any other depart- ment or office, it shall be the duty of the Fire Chief to protect life and pro- perty by preventing and eliminating fire hazards and by controlling and extin- - 18 - guishing fIres. It s~~ll be the duty of the Fire Chief to supervise the func- tions of the divisions of the Department of Fire. Until such time as the g~wth of the C!ty demands that fire officers be assigned to the individual divisions, all officers shall be assigned to and perform the duties of all divisions, with the exception of the Division of Volunteer Personnel. When the Fire Chief deems it necessary to activate a,lf division, he shall report the same to the City Administrator who shall transmit said report to the City Council wi th hi s recommendations thereon. The Council shaH deci de as to the. activation of the division. When any division is activated an officer of ap- propriate rank shalJ head the division. Section 9.3 DIVISIONS OF THE DEPARTMENT OF FIRE. The Department of Fire shall be divided into the following divisIons: a. DIVISION OF FIRE PROTECTION. The responsibilities and duties of this division shall be to: 1. .E!.<..ti.!!.9uishlns....Elres Supervise al t matters relating to the extin- guishing of fires and the protection of all property Impaired thereby. 2. Enforce laws Enforce all laws and ordinances relating to the ex- tinguishing of fires. 3. Investjqation Investigate and report to the Department of Police in all cases where there is reason to believe that any fire is the result of a crime or that a crime is committed in connection therewith. 4. ~~!n.tain EQui~eru. Maintain in efficient. operable condition the fire fighting equipment and fire prevention systems and facilities assigned to the Department of Fi reo 5. Public Rescue, The public.rescue and resuseftation of fire victims or other ~rgency casualties. b. DIVISION OF FIRE PRlVENT!ON. The responsibilities and duties of this division shall be to: I. Inspect Bui I din~s Inspeet bui ld,ings for safety and conduct school fire dri1Js. 2. Fire Preventig,t! Melke frequent inspections of all property within the City in the enforcement of fire prevention regulations. 3. Abatement Cause the abatement or removal of fire hazardous bu 11 d i ng5, i i t ter, j u"nk. unclil 1 t i va ted weeds' end shrubs and other i nf 1 amnab Ie conditions. c. DIVISION OF TRAINING. This division shafl be under the direct super- vision of the Fire Chief. The responsibilities and duties of this division shall be to promote the proficiency of the department's members by the admin- istration of training. study and physical conditioning programs. - 19 - .. d. D1VIS~ON OF VOllmTEER PERSONNEL. This division shalt be under the direct supervision of the Fire Chief. This division shall be subject to the Rules and Regulations of the GIlroy 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 this division to: ' I. ~uiti~~ Recruit such volunteers and auxiliary personnel as may reasonably be required to augment regular Fire Department manpower. 2. !!:!!.n i n~ Oeve 1 op such courses of tra i n i n9 so as to deve lop the efficiency and abilities of the volunteer fireman so that they are of assist- ance to the FI re Department in the event of emergency. e. DIVISION OF RECORDS. It shall be the responsibility and duty of this division 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. CHAPTER X - OFFICE OF cavl L DEFENSE Section 10.0 CREATION The Office of Civil Defense is hereby created. Section 10.1 OFFICE The Office of tlvt 1 Defenaesttall be under the direct supervision of the Assistant DIrector of CIvil Defease, who shall be appointed by the City Admin- istrator with the consent of the Council. The Assistant City Administrator shall serve as Assistant Director of Civil Oefense and vice chairman of the Civil Defense and Disaster Council until such time as the growth and expansion of CIty services demands an Increase in staff and personnel in this office. Section 10.2 POWERS AND DUTIES The duties and responsibilities of this office shall be as set forth tn Ordinance "93 adopted by the Common Council of the CI ty of Gilroy and amend- ments thereto. CHAPTER XI .. DEPARTMENT OF PUBLIC HEALTH Pursuant to the pertinent sections of the Health and Safety Code of the State of California, the City Health Department is consolidated with the Santa Clara County Health Department for the purpose of enforcing State laws and regulations relating to Public Health. The enforcement of laws and ordinances of the City as they pertain to Public Health shall be provIded by the County Health Officer. acting as City Health Officer. under terms -of an agreement with the County of Senta Clara. · 20 - " CHAPTER X.,. DEPARTMENT OF PARKS AND RECkEATION Section 12.0 CREATION The Oepartment of Parks and Recreation is hereby created. ..... Section 12.1 OFFICE The Department of Parks and RecreatIon shall be under the direct super- vision of the Director of Parks and Recreation who shall be appointed by the City Administrator with the consent of the CouncIl. The CIty Administrator shall serve as DIrector of Parks and Recreation until such time as the growth and expansion of City services demands an increase In staff and personnel In this office. Section 12.2 POWERS AND DUTIES The Department of Parks end Recreation shall be divided Into two divisions with the following duties and responsibilities: a. DIVISION OF PARKS. The Division of Parks shall be under the direct supervision of the Director of Public Works until such time as the growth and expansion of City services demands an increase in staff and personnel in this office. The Division of Parks shall have the followIng responsibilities and duties: I. Operate Parks To operate the various parks of the City and main- tain the same in an orderly and safe condition. 2. Maintain Lawns and Shrubs To maintain and cultivate the lawns, shrubs and esthetic installations around the City, and other public buildings as assigned. b. OIVISION OF RECIU!ATION. The Division of Recreation shall be under the immediate supervision of the Recreation Director who shall be appointed by the CIty Administrator. The Assistant City Administrator shall serve as Recreation Director until such time as the growth and expansion of CIty ser- vices demands an Increase In staff and personnel In this office. The DivisIon of Recreation shail have the following duties and responsibIlities: 1. Recreation Program To administer a broad program of public re- creation for all age groups, designed to encour~ge end maintain Interest and participation by individuals and by organizations, both public and private; utilizing the available school facilities during the smmmer vacation season. 2. ~wlmminQ Pool Operate and maintain the swimming pool facilities. 3. Recreational Activities Administer and supervise the various re- creational actTVitTe'S sponsored by the City under contract or agreement with other agenc i es . - 21 - " CHAPTER X III - DEPARTMENT OF LIBRARY AND CULTURE Section 1).0 CREATION The Oepartment of Library and Culture Is hereby created. SectIon 13.1 OfFICE The Department of Library and Culture shall be under the direct super- vision of the City librarian, who shall be appointed in accordance with Sec- tion 908 of the Charter. Section 13.2 POWERS AND DUTIES The powers and duties are set forth in Section 908 of the Charter. CHAPTER XiV - DEPARTMENT HEADS Section ~.O POWERS AND DUTIES The Heads of the various departments established herein shall have the following general powers, duties and responsibilities: a. To organize the department into the divisions established hereunder in such a manner as to efficiently perform the functional responsibilities allocated. For this purpose, the department head may create such sections and sub-units within said division as deemed necessary. b. To make recommendations regarding recruiting, disciplining and dis- charging of departmental personnel in accordance with the personnel fules and regulations of the City. c. To transfer or reallocate personnel from one division to another in accordance with their respective needs, and best uSe8ge of available manpower. d. To keep correct attendance records on each employee for payroll pur- poses, and to submit such other information as required for the proper main- tenance of individual personnel records including leaves of absence, job effi- ciency and personal conduct. e. To administer the departmental budget and permit no purchase requisi- tions to be issued, or other expense Incurred, unless an appropriation therefor has been duly authorized. f. Department Heads shall attend meetings of the Council when required. g. Department Heads shall attend meetings of their respective Boards and Commissions, and represent the City Administrator thereon in case of his absence. They shall serve as secretary and keep records of such commissions when so requested. h. Department Heads shall carryon an active public relations program for their respective services including the publication of educational reports and brochures, the promotion of authorized objectives, and the making of pub- lic addresses when the occasion so requires. - 22 - ... ". 1. Department Heads shall promulgate and admInister internal rules and regulations for the proper conduct of personnel and the efficient handling of the Department's duties and functions. j. They shall discharge such other duties as may be assigned by the City Administrator or required by the ordinances, resolutions or official or- ders of the CI ty COIJncl1 . Ca4PTER X V · BOARDS AND COMMISSIONS Secti on lS.O ESTA9Lt SHHENT The following Boards ~6d Commissions are NAME Planning COi~isslon Personnel Commission Library and r;ulture Commission Recreation and Parks CommissIon established by the Charter. HEMS ERS 7 5 7 7 Section IS.l Q.UAl~FiCAnONS AND TERMS All members of Boards and Commissions shall meet all qualIfications for membership and shall serve such tenns ~& are established by the Charter. SectIon 15.2 POWERS AND DUnES In additIon to the powers and duties of the individual Boards and C~ missions, as outlined in the Ch3rter, the Boards and CommIssions shall have the following general powers, duties ar.d responsib!lities: a. To utilize all appropriate techniques in crystallizing and testir.g public sentiment on major pub) ic issues in their respective fieads. b. To hold official hearings as requested by the CIty Council. c. To advise and reco~end on City policies and procedures pertinent to their respective activities and functions. d. To support and adhere to all city policies promulgated by the Coun- cil, and to establish interim policies III the absence of same. e. To provide information and promote good publIc relations between the City and the general public. f. To perform such other related flIDctions as may, from time to time, be assigned by the City Council. Section tS.3 SERVl CES OF Clrl PERSONN~L The various Boards and CommIssions may utilize the services of the appro- priate city departmental personnel in carrying out their respective functions subject to the administrative control of the City Administrator. ... 23 .. '. CHAPTER X~ - POLICIES AND PROCEDURES Section 16.0 CITY POLICIES a. The policies of the City shall be adopted by resolution or formal motions of the City Council upon the advIce and recommendation of the City Administrator. b. In the absence of such Council polley, the City Administrator may establish an interim policy pending the formal action of the CIty Council on the subject. c. The following Instruments shall constitute the established City policy and are made a part hereof by reference. AddItions, amendments or deletions may be made hereto by appropriate action of the City Council. Policy No.) Council Agen~a Established by Resolution No. Policy No.2 Budget and Approprlation~ Established by Resolution No. Adopted . Adopted Policy No. 3 ~~nts to and Transfers within ~he Bud~et Established by Council Motion Passed Polley No.4 Processing and Certification of legal Instruments Established by Resolution No. Adopted Policy No.5 Personnel Rules a~d Regulations Established by Resolution No. Policy No. 6 ~eption of Bids Established by Resolution No. Adopted Adopted Polley No.7 Application of Positions to the Basic Pay Plan Established by Resolution No. . Adopted Section 16.1 A~~INt~7RATIVE PROCEDURES a. The administrative procedures of the city shall be established through forma; documents or written memorandums of the City Administrator after consultation with the appropriate department heads. -~- . '- b. In the absence of such established administrative procedure, the ap- propriate department heed may establish an interim procedure pending the for- mal actIon of the City Administrator on the subject. c. The following instruments shall constitute the established administra- tive procedure a~lrJ are I1lClde a part hereof by reference. Additions, amendments and deletions may be made by official action of the City Administrator. Procedure No. I J..Dter...office Communications Established by Administrative Order dated Procedure No. 2 ~~!!L~~~d Service Requests Established by Administrative Order dated Procedure No. 3 }lgLJ< Order A,~ i ~n..,ts Established by Administrative Order dated Procedure No.4 ~0~es~l~9 S~bdixl~gn Im~rovement1 Established by Administrative Order dated. L Procedure No.5 !rocessl~~~l~ Established by Administrative Order dated Procedure No.6 lli.f.Ltteet:n9! Established by Administrative Order dated CHAPTER XVII- CONSTITUTIONALITY AND EFFECT OF ORDINANCE Section 11.0 CONSTITUTfONAlITV If any chapter, section. subsection, sentence clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, such decision shall not effect the remaining portions of this ordinance. The City Council hereby expressly declares that it would have passed and adopted this ordinance and each chapter, section, subsection, sentence, clause and phrase hereof irrespective of the fact that anyone chap- ters, sections, subsections, sentences, clauses or phrase hereof be held un- constitutional. Section 17.1 REPEAL All ordinances or parts of ordinances of the City in conflict with this ordinance, to the extent of such conflict and no further. are hereby repealed. ... 25 · . , .... Section 17.2 EFFECTIVE DATE This ordinance shall take effect and be in full force thirty (30) days from and after its adoption. PASSED and ADOPTED this vote: J un e, 6th day of ~ 1960, by the following AYES: COUNCIL ,MEMBERS: NOES: COUNCIL MEMBERS: ABSENT; COUNCI L MEMBERS: Goodrich, Jordan, Pate, Wentworth, Sanchez None Petersen and Rush APPROVED: ,4~ ATTEST: MQMV . CITY. LERK - 26 .. .. '.'~ '" >Ji .. a }~ "" ~:! I, G. B. Ca r r ,City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No . 627 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 day of June , 19~, at which meeting a quorum was present. t further certify that the said ordinance has been pub- lished in accordance with the charter of the City of Gilroy. IN WITNESS WHEREOF, I have hereunto set my hand and af- fixed the official seal of the City of Gi I roy, this 10th day of June , 19 60 . - /kd ~~,~' City Clerk of the City of ~Ilroy