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0&1 HANCE NO. 2146
OBl>IJANCE OF THE CCUNCIL OF THE CITY OF PALO ALTO
AM1~.ING CSAPl'ERS l AND 2 OF THE PALO ALTO MUNICI!!AL
COUE INCORPORATING rHE ADMINISTRATIVE CODE AS CBAPTD~ 2
OF THE MUN!Cl'PAL CO)E AND REPEALING ORDINANCE NO. 121'7
AND AMENDMEN'l'S THERETO
The Cow1c11 o.f the City ,,f Palo Alto does ORDAIN as follmTs:
_§__ECTIO!Lh Chapte;:-1 of the Palo Alto Municipal i:ooe is
amended to r1ead as .set J:orth ~ .n EXHIBIT A attached be~eto and 'Dl&de
.& part her~of.
g_cyiQH.b,. . Chapter 2 of the Palo Alto Municipal Code is
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hereby amerid.ed to read a~s set forth in EXHIBIT B attached hereto
and .made a p.art hereof .and pw:. suant to Section 18 of Article III
of·the Charter of the City of Palo Alto said Chapter 2 is hereby
designated· a:nd shall be known as the ADMINISTRATIVE CODE of tht~
City of Palo Alto.
SECTICN..2z., If any sectio1, subse.cti.oh, sentence, clause, or
phrase o£ this Code is f,or any reason held to be invalid or unc:onsti
t.ut:lonal such decision shall n lt affect ~:he validity of the re:llain
ing portions of this Cod,!, Thd Council hereby declares that it
wou:!:d have passed this Code, a11d each se,~tion, subsection, sen1:ence,
c 1atrs e and phrase-thereof, irrt :specti ve ,,f the fact that any one
or more sec·tions, subsections, ser.tences ~ clauses or phrases h~id
been .declared ·invalid or uncons tit·utional .
. SE<t_TI~~ The following c rdinances are hereby repealed:
#1277, 7--1-50; ;'F1295, 9-25-50; (!1312, 11··13-50.; f/1437, 1-12 .. 53;
' #1486, 8-10-53; #1506' ll-23-53; /Fl526, ;~-23-54; #1529' 3-22-54;
#1535, 4-26'"54; #H656, '11 .. 14 .. 55; #1668, 2-6-56; #1692, 5-28-56;
#1888, 9~28-59; #1891, 10-12-59; #1894, 10-26-59; #1906, 12-14-59;
#1909, 12-14-59; #1918, 2··8-60; {i1940, 5-9-60; #1944, 5-23-60;
11947, 6-13-60; #1958, 7-:Ll-60; /fol971, 8-8-60; #12031$ 6-26-61;
1/:2066~1-.22-62; /J:2079, 6·1J~-62; :r:2o9o, s-::L3-62; 12111,. 9-24-62;
#2114, 12-10·62; 12122, 1~·28-63: #2127Jt. :~ .. 25-63.
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§!CTIOl!.,.h This ordinance t.hall become effec.tive upon the
expiration oj: thirty days l:rom i1 s 3>&ssage •
INTRODUCED: June 3,. 1963
PASS.ED: . June 24, 1963 by unanLm{>Us • cice vote
APliROVED:
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APPROVED AS T•O CON'I'Eh"T ~
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Chapt,~r l
Table of C<>ntents
CHAPTER 1 GENERAL PROVISIONS
SECTION L.Ol
1.02
1.03
1.04
1. OS
<"L06
1.07
1.08
1.09
1.10
Title
Existing Law Continued
Effect of Code or: Past Acttons and Obligations
Previously AccruEd
Constructic,n
Violations, :a Mh demeanor
Prohibited Acts; Include Causing, Pennitti'ng, Ecc.
Issuance of Citations for Violation of City
Ordinance
Definitions
Grammatical lnte1pretation
Civil Code Provi~ions
Reprint 1
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CHAPTER 1
SEC. l. 01
GENER.AL l?ROVIS: :ONS ---·-
TITLE
Sec. 1.01
This code shall be known as the npalo Alto Municipal Code"
and it shall be suffici.~nt to refer to said Code as the n:p·alo Alto
Mu!iicipal Code" in any :~rosec ltion for the violation of any pro
vision therec,f. It ~shall als :> be SlJfficient tO dE~sigMte any
ordinance adding to~ amending or repeal:.tng said Code~ or portions
thereof, as an addition or am :mdment to, :>r a repea 1 of, the "Palo
Alto Munic ips; 1 Codet•, .or a port ion th~reo f,
V.~erever· the tenn 11 Codif ied o·rdinancle No. 5 11 is used in this
Code O.l" any complaint, citation~ perm:it~ license~ notice, .sign,
ordinance or t'esolution, or c :ther official form it shall b1e deemed
to refer to the"Palo P.ltoM1,;nicipal Code." (#1278, 7Nl~SO, #2088,
7-:23·62)
SEC. 1.02 EXISTING: LAW CONTINUED
'" Nothing in this Cc·de sh2 11 be construE:d to a:rnend or r•~peai
thos:e ordinances of th€; City which relat.e to subject matte1:-s not
dealt with in chis CodE:. (11~78, 7-1 .. 50)
SEC. 1.03 EFFECT OF CODI. ON PAST ACTIONS AND OBLIGATIONS
PREVll5Q!!t<J ~ :'ftTJ!D · --
Neither the adopti~on of this Code l'lOl~ the· repeal hereby of
any ordinance of this City shall :tn any manner affect the prose
cution for violation o:: ordi1 Lances, which viol:;tions were c:om:-
mitted prior to the ef:Eectiv~: date hereof t nor be construed as p,
waiver of any license or penalty due and unpaid at said effective
date under any ordinar.(:::e, no:~ be construed as affecting any of the
provisions of such ord:lnance re.~.ating to 1:he collection of license
or penalty or the p~nal prov .. sions .applicable to any violation
thereof~ nor to affect the v, Llidit:y of any bond or cash dep ''it
in ~.ieu thereof, requi:red to be posted, f:Ll.ed or deposited pursuant
to any ordinance, and :ill ri ~ht:s and o'bligations thereunto apper-
taining shall continue in ful.l force and 1affect. (#1278, 7 .. 1 .. 50)
SEC. 1.04 CONSTRUCTION
Ill; --
The provisions of this :ode and all proceedings under it are
to be construed with a view :o effect its objects and to promote
justice. (11278, 7-1-50).
SEC. 1.05
It shall be unl)-wful fc r any person to violate any provision
or. to fail to· comply 'ili'ith ary o.f the require'lllents of this Code .
. Any person vi.olati:lg .s.ny of the provisions or failing to comply
with any of .the mandatory rEquirements of this Code, shall be
guilty of a msd~·mean,c,r. AI.y person convicted of a misdemeanor
under the provisions C)£ thit Code, unless provision is otherwise
herein made, shall be punisLa'ble by 9 fin·e of not more than. Five
Himelred .Dollars ($500 .. 00) o1· by imprisonment i~ the jail of 1:he .
City of Palo Alto or ;Ln the County Jail of Santa Clara CoWl.ty
for a period of no.t ID(n:e thn.n six months •:>r by both such fine
and imp.risonment. Ea«:h sucl::. person shall be guilty of a separate
~ffense for each and (:!very ·1~y during any portion of which any
violation of any prov:lsion •J•f this Code i;a coDDi.tted, continued,
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Sec. 1.06
· or pe rani t ted by ,;lJ,c:h per :son .and shall b·e punished accordingly •
.. In addit1.on. to the penal ties hereinabov1a provided, any condition
caua2d or permitted to Exist in violati•)n of any of the provisions
.of this Code shall be dEemed a public n1Jisance and may be, by this
City, s'l.!liiiiDarily ab·ated 's such, and each day that such c:o:adition
continues shall bE: regax ded as a new and separate offense.
(Codified #1278, 7-l-50)
SEC. L06 P'RCtHIBI11 D ACTS: INCLUDJt CAUSING .a,, PERMITtlHG 1 lTC. · .... ~~--
'Whenever in t:his Cc de any act or otD:issit)n is made unlawful
.it shall include c:ausin~, allowing, per:llitting, aiding, abetting,
suffering, or C(,mc:ealini the fact of sw!h act or omission ..
(Codified #1278 ~ :·-1-50).
ISSlUANCE OF CITATIONS FOR VIOlATION OF CITY
.m~s-~ M -----
(a) When Per!.2!!.l.rrest€ d ·to be Given N<~t:icft .. ~O ti!:ee&r.
Whenever a pt:rson j s arrested for n violation of any
ordinance of the City c f Palo Alto and such person is not:
immed:iately taken beforE a magistrate au is :100re fully set forth
in the Penal Code of thE Stace of California the arrestinn officer
shall prepare in Cluplic~ te a writ-: ten not:ice to app~ar in ·C::Our.t,
containing the nanae and address of such person, the offenne
charged~ and the time ard place, where Hnd when such pers<>n shall
appear in Court. : · .. · · .
(b) Time for App_!!arancE;.•
The time spe(:ified in the notice t<1 appea:r:. must be a1: least
five days after such ar1·est.
(c) Plaee of App'~."!~~~~ ~
'Ihe place apjlcifiet i in said notice to appear ahall btt befOn
a Judge of the Mul:ticipa :. Court of the F.;;tlo Alto ... Mountain ,11ew
Judicial Dist.rict, or bt~fore an officer authorized by the County
of Santa Clara to recei ;e a deposit of bail. · · ~~ -·· · · ·· ·· ·
(d) ~liverz of ~~opy ~' Arrested Persotl:.i, Release yPon S.:t.Jm!!!s
·. biipJ!cate ICf!ce .
. . Said officer shall deliver one copy of the notice to appea·r
to the arrested per~:Jon :m.d the arrested peruon in order t•:> secure
, ~: release must give his wr.itten promise so to appear in Cou:rt by
·ai,gt\ing the duplicate n:>tice which shall be retained by the
officer. l'hereupon the arresting officer shall forthwith release
V the. person arrested fro D. custody.
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Sec. 1.07
Contd.
(e) .· FiliUE) of Du~cate NotiC,!j Fixi~ J)ailt De.e2_sit of Bail;
· Tor"'feltu:c!n ---~~~ of .!?."'"fji];:iner ....!~:eed 'iii:"!·
Said c,fficer si1all, as soon as practicable, file the
duplicate notice with the magistrate specified therein. there
upon .. the magis.trate .shall fix the amount of bail which in. his
judgment in a:.::cordat ce with provisions o:E Section 1275 of the
Penal Code o.f the State of C::alif•:>rnia will be reasonable and
sufficient fo·r the < ppearance of the def•endant and shall endorse
upon the nctic:e a st aeement signed by hi1:n in the form set forth
in Section 815 (a) (f the Penal Code of the State of California .
. The defe:miant may p1 ior to the date upon which he promised to
appear in Court dep<sit with the magistrate the amount of bail
thus Eet. ThElreaft~ r ~ at the time when the case is called for
arraigriment: bE: fore ~ he magistrate) if the defendant shall not
appear, eit:hel~· in .person or by counsel~ the magistrate may
declare the bitil f.O~·feited,. and may in his discretion ord·er
that no furth~:r proceedings shall be had in such case.
Upon the makitli; of such order that no· further proceedings
be had, all sums deposited as bai.l shall forthwith be paid to the
county treasu:ry for distribution pursuant to Section 1463 of
the Penal Cod4:J of the State of California.
(f) Issuan~..9f ¥..!:;·rant for Arr-est.
No warra;o.t shaLl be issued on such charge for the ar:c-est
of a person wb.o has given such written :p~romise to appear :ln
Court, unle:s~~ and u 1til he has violated such promise, or had
failed to dep·:)Sit b lil, to appear for ar:raig'Ll:COent, trial 4:>r
judgment, or to cor.tnly with the terms a:rLd provislons of the
judgment as. r·equireJ: by law.
(g) .Y_!olat~i2ELSl!.J:::-smnse to APR~·
Any pe:rson wilfully violating his ·~;rritten promise to appear
bt Court is guilty :)f a misdemeanor reg.5Lrdless of the disposition
of the cha:tge upon ;mich he was origin.s.lly arrested.
· (h) .!!!?Cln£! of Ar !£!_,~t-~a,.rrant on F.ng~Lre to Ap~.y • ....
. When a person signs a written promji.se to a.ppear at the time
and place specified in the written promJLse to appear and has
not posted bail as provided herein the :o!13gistrate shall issue
· · and have delivered for execution a warrn.nt for his arrest within
twenty (2 0): days uf ter ·.his failure to appear as promised, or
1.£ such· p~rson pron ises to appear beforca an officer authorized
to accept bail otha :r than a magistrate lll.nd fails to do so •:>n
or before the date t;ih!ch. he promised to appear then within twenty
· (20) days :after th.: delive~ of such written promise to app4!&r
'by the officer to . .a magistrate having j 11risdiction over t!'u~
offense.
When such per:: on violates his prom:tse to appear beforE: an
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Sec. 1.07
officer author.ized to receive bail othe11:' than a magistrate the
offieer shall inmediately deliver to tbH magistrate having juris
dictiOn. over the offense charged the wz·:ltten promise to app•ear
and the complaint if any filed by the a1:resting officer.
(Enacted #1770, 11·12-57)
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Sec. 1.08
SEC; 1.08
n~e follo...,ing words and phrases whe:never used. in this Code
shall be c:ot:~$trued as defined in this Se:ction unler,s from the
context a different meaning is intended, or unlesr• a diffex·ent
meaning is Sf•ecific ally defined and more: particularly directed
to the use of such words or phrases:
L , 11 City" shall tr ean the City of Palo Alto or the area within
· the terr·itorisl city limits of the City of Palo Alto a.nd
such tex·ritory outside of this City over which the City has
jurisdict:l..on cr control by virtue of any Constitution.s.l or
·Charter provisions, or any law.
2. "Council" shalt mean the City Council of this City.
3. "Oath" include; affirmation.
4. 11 0fficelt. The use of th~ title of cany officer, employee,
or any office, ·or ordinance or Chart:er shall mean such
officer,. emplo: ree, office, ordina·ncE~ or Charter of thE~ City
of Palo Alto,. ·mless otherwise sped .. fically designated.
5. ''Person" shall mean natural person, joint venture, joi.n.t
stock company, partnership, association, club, company,
. corporatj~on, business trust, organ.iz'.ation, or the manaiger,
lessee, ngent, ser.Jant, officer or employee of any of them.
6. "Shall" :t:md "Mt st 11 • Each is mandatory.
r. "May'' .is permissive.
8. "Streetl! shall include all streets, highways, avenues,
lanes, alleys, courts, places, squar.es, curbs, or other
publi.c ~1ays in this City whi.ch have been or ;nay hereafter
.. be dedicated an:l open. to public use~ or such other public
property so eesLgnated in any law of this State.
9, "'WrittenH .shall include printed, typ4::written, mimeographed
or multig:raphed. (4f:l2i8, 7-1·-50)
SEC. 1.09
"Gender.". Any gender, includes the other genders.
"Singul;,lr and F}uralu. The singular number includes t'he
plural and the plural, the singular.
Hrense.sH. Word! used in the pres,:.mt tense include the past
and the future tense~ ·and vice versa.
. ~·use of .'Wc·rds ar:d Ph'Z'a.sesu. Word:; and phrases used in this
Code and not. sp·ecifically defined shsll be construed according
to the.cvntext and approved usage of the l.anguage.(#l278,7-1-50)
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SEC. 1.10 CIVrL CODI. PROVISIONS. ------_.,.
. The. provision.s of SEctions 1:; .and 1645 of the Civil Code of
··the State· of Califc·mia .ar~ hereby ado·pted in :the interpretation
of words a.nd phrase·s ., unless otherwise provided herein.
(#1278~ 7-l-50)
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Clt~PTER 2
ADHINIS!l'ATIVE CODE
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.ADOPTJ::D PURSUANT TO SECTIOt! 18, ARTICLE III OF 'lJiE CHARTER
DIVISION 1
DI'VISION 2
·DIVISION 3
DIVISION 4
DIVISION 5
DlVISION.6
DIVISION 7
DIVISION 8
DIVISION 9
DIVISiON 10
CITY COUNCil ORGANIZATION AND PRCtCEDURE
ORGANIZA.TIOt-OF ADMINISTRA!!VE FUNCTIONS
ADMINISTRATIVE :[)OLICIES AND PROCEDURES
FISCAL PROCE l>LTRES
PERSONNEL PR)CEDURES
. MISCELlANEOU;; PROCEDURES
CIVIL DEFENSl: AND DISASTER
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DIVISION 1
Se.ction z., 101
2.102
2.103
2.104
2.105
2.106
. 2.107
2.108
2.109
2 .• 110
Z.lll
2·~112 '
2.113
2.114
2.lt.S
2 .li6'
:2.!:1.?
2.118
2.119
2.120
2.121
2.122
2.123
2.124
2.125
Section 2.150
2.151 ..
2.152
2.153
2.154
2.155
2,156
2,157
2.158
2.159
Table of Contents
CHAPTEt 2
TABLE OF CO~TEN~'S
CITY COUNCIL m GAN::~11Ql~ AND PROCEDURE
Meetings
Quorum
Agenda
Order of BusinEss
Dut.ies of the F residing Officer
Call to C:rder-Fresiding Officer
Roll Call
Reading of Min.1.:tes
Rules of DebatE
Addressing the Council
Manner of AddrEssing Council-Time Limit
Addressing the Council After Motion MadE:
Silence Constitu.tes Affirmative Vot~~
Decorum
Enforcement of Decorum
Council Chambers;Smoking
Persons Authorized to be Within Rail
Preparation of ~inutes
Council Not t:o Interfere in Administrative
Service
City Manager A~thorized to Process Council
Mail
Standing Corom.it tees; Special Comnitt:ees
C01mnitt.ee No. 1 (Public Wcrks and Planning);
Duties
Committ:ee No. ~(Public Safety); Dut:Les
Committee No. 3 (Policy .e1.nd Finance) ; Duties
Committee Nc. 4 (Hospi.tal) ;Duties
LEGISLATION
Method of Act:ic.: n ,
Preparation of Ordinances
Prior App·roval by Administrative Staff
Introducing fot ?assag2 and Approv.a 1
Title
OrdaininP,; Clam e
Vote by Voice 'ote; or Roll Call
Majority Vote fequired
Effective~ Date
Record of Ordi! ances and Resolutions;
Signature by Mtyor
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D~:V:SION 2
Section 2.201
2.202
2.203
2.204
2.209
2.210
.2.210.2
2.210.3
2.210.4
2.210.5
2.211
2.212
2.213
2.214
2.214.1
:~:; 2. 215
2.216
2~217
2.218
2.220
2.221
2. 250
. 2. 250.1
2.250.2
2.250.3
2.250.4
2.250.5
2.251
2.251.1
• 2.251.2
2. 251.3
2.252 .
2.2.52.1
2.252.2
2.252.3
2.252.4
2.252.5
2.252.6
2:252.7
2.252.8
2.252.9
2.252.01
2.252.02
2.252.0.3
2. 252.04
2. 252 .. 0.5
. 2. 252.06
2. 252.07
2.252.08
2.252.09
2~252.001
Table of Cotltcmts
Contin:ued
QE.Gl!JilZATIO L_Qf AQ.MINISTRATIVE F'UNCTION!i
Office of t .1e City Clerk
Office of t1e City Attorney
Office of t1e City Controller
Office of t :te City Asse~;sor
Office of t :'l.e City Ma.naher
Depaxtm.ent :>f Administration
Division of Central Services
Division of Purchases and Stores
Division of Building and Equipmtent Maf.ntenance
Division of Personnel
Department. of Police
Fire Depart:nent
Animal Shelter Department
Depaxtment of Public Wo1cks and Engineering
Divis ion of Bt.d lding In:;pection
Depax·tment 1:>f Gas-wat:er··Sewers
Depaz·troe;;,t 1:;,£ Light and Power
Depar·tment ,,f Recreat:ion
Depa1·tment 1>f the Libra:·:y
De!'ax·tment <)f City Planning
Offic:e of the City TreaHurer
Boards and Commissions
Vacarlcies
Removal
Comp€~nsati< n
Chai1.men
Ex Officio l1embers
Planning C<mmission
MembE:rship
Term .. o.f OfJ :lee
DutiE~S
Board of C< 1npensation Rt~ferees· ,
Fund for W< ·:::-kmen' s Compcmsation
Mernb~~rship
Filing Cla: t~
Requtremen1s of Claims
Noti(:e .to 1 he Board
Action by 1he Board
Powej:s of 1 he Board
Witn>~sses
Proc,~dure
Award
Appeal
· Rule.:~ for : )e:termining Liability
Subr(>gatio· ~ of the City
.AmoUJ::It of . \'t-l'ard
Supplies
Minu::es an! Secretary
Repo:t"ts
Wage Scale
Paym,ents P :m.ding Fin.al Determi:nation
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~~rVISION 3
Seetion 2.301
. 2.302
2.303
·2. 304
2. 3.05
2 • .306
2.307
2.308
2.309
2.310
JHVISION 4
~"::ect:i.on 2.L.Ol
2.402.
2.403
2.404
2.405
2.406
2.40i
2.408
2.408.1
2.408.2
2.408.3
2.408.4
2.408.7
2.408.8
2.409
2.409.1
2.410
2.411
2.412
2.413
2.414
2 .·415
2.416
2.450
.DIVISION 6 .
Section.2.601
2..602
,DIVISION 7.
Sect:ior-... 2. 701
2~702
' 2.703
2.704
'2.-709
'2. 710
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'I'eb:Le of Contents
Continued
.@MINIST~IIE POLICIES AND lPROCEDURES
Officers of the City
Approv?.;..} of City Manager's Appointments
Ou.ties c f Officers
GE:neral Respcmsibilities
R\;1les ar d Regu.lat:lons
R€:lat:f.or ships
D(!legatj on of Dut:les
· Pl~eserv< .tion of Records
D•~partm• :ntal Reco·:-ds and Rep·orts
Holiday:· .
.[JSCAL : ~ROCEI~
B1Jdget ~stimates
B1.1dget . \dopt i~on
.. C.::>nting ::nt Acc.)un.t
System )f Ac<:ounts
City E:x:>enditures .
Un.encu-aDered Balances Sh.::t~:.l be Reflected
Redist r Lbution of Approp n13.::ions
Claitns
.Approva 1 of C:lai·llls
Examin.a cion cf Cl;~ims
Payment of Claims
The CrEation of Debts
Claims to be Itemized and Verified
Claims Against Employees
Honies
.Non:tes Collected in the Name of or for
Units c,f the City Government
Revenues of S·ecurities
I>eposi: of Se•::urities
Gancel:.ation c:>f Accounts RE!ceiv.able and
Refund:.: of Er~coneous Payme:n~:s
Gontra•::ts and Pu.rchasing Procedure
Bid Pr' 'cedure
Inspec:ion
:3ale o E' Prope:cty
Assess->lent, L·evy and Collection of Prope1~ty
Taxes ·
PERSON~EL PROCEDURES
Merit System
Classi ficatio:tt Plan
MISCElLANEOUS PROVISIONS
P'I·oce<ure for Mun:i.C:ipal Elections
Canva£ s of El~~ct:ion Returt11S
Filitli;. of Nomination Pet:it:ions
OfficU1l Newspaper
Books and Records
Oath of OfficE~
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'DIVISION, 10
Sect :f. on 2. 1001
2.1002:
2 .. 1003
2.1001+
2.1005
2.1006
2.1007
2.1008
2.1009
'2 .. 1010
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Table of Co~ttente:
Gontinued
CI'/IL DEFENSE &'iD DISASTER
Pu ::poses
De f:i.nitions
Ci 11il ·Defense and Disa~~ter Council; Membership·
Ci iTtl Defense and Disa~;ter Council; PowErs
ani Duties
Di !:'ector of Civil Defe·nse and Disaster; Powers
an ::1 Duties
Po;..-ers in Event of DiSHSter or State of
· E>t creme Emergency
Ci •Jil Defense and Disa*:ter Organization
Di •J'ision, Services and St4itff of the Civil
DEfense and Di;;aster 011~ganization
CC!'ltinuity of Government
Violations
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Sec. 2.101
.!?lY!_gON 1 CITY COUNC!!. ORGANI:~~ION AND PROCEDURE
SEC. 2.101 . MEEilNGS
a.
·b.
1.--
Refal_a_r_}1eetit .&!..:.. The Council <>f ~t:h'~ .City of Palo Alto -shall no regular i)(eetings in the Counc.tl Chambers of the Ci1:y
Hall, l~l13 N~'ell Road, in said City cr at suc:h other p1ac:es
as may he detl!rmined by the Cow1cii, on the second and :fourth
Monday o·f e.a.cL month, at 7:30 o 1 clock P.M. When the day for
any. regula"r :::weting of the Counc:i.l f<llls on a legal hol:lday
as de filled in this code~ no meeting :;hall be held on su•:h
holiday 1, but ;: reg..1lar meeting shall be held at the sam•e
hour on the n~~xt succeeding day th·er,~sfter that is not a
holiday ..
~ecial ~t!eeti:~. A special met:~ti:ilg may be called at ari.y
t me by the M tyor or by a majority of the members of th'a:
City Council, by delivering pe1·son.ally ~>r by mail writt~:m
notice to each mem.ber of the City ·Co,Jn<:il and to ea·ch l<>cal
newspap,~:r .pf :~eneral circulation, radio or television s1:ation
re.quesc:Lng_ no::ice in writing. Such n1:>tice must be deliv~~red
personally or by mail at least 24 ho1Jrs before the time of
such me•r::ting as specified in the notlce. The call and t:totice
shall specify the time and place of ·::he special meeting al1d
the bus:lness ·:o be transacted. No c.r::her business shall be
r.:onside1::·eds at such meeting by the le,gislative body. Su;:;h
: written notiC·! T!lA'7 be dispensed with as to any member. who at
or prio:C' t.o the time the meeting convenes files with th•e City
Clerk a writt·m waiver of n.otice. S1Jch waiver may be g:Lven
by telegram. Such wrl.tten notice :tnay also be dispensed with
as to an1y councilman who is actually present at the mee·ting
at the 1:ime i: convenes. The failure to receive any ma:lled
notice !Shall ~ 10t i.mpai.r the va.l idi t:y of any action taker1 at
such sp1a:cial !leeting.
c. ~eeting:~ to Q) Pu_hl.ic. All regu.~ar and special meeting:s of
di~ 'City Co'!Jn.;ii, die City Council sitting as a Committ-ee
of the l~fhole~ and of all committ·ees :>f the City Council shall
be open to· th ~ public, provided bo111ever, the City Council
may hold: exec1tive sessions, from whi.ch the public may be
excluded~ for the consideration i)f t'he following subjects:
1. Ap]p~ointm mt, employment or dismlssal of a public officer
bo<a:rd or commission member, empLoyee or agent, or co
he<a.r com 'lalnts or charges brought against such of:ficer
or emplo ree. by another publj~c officer, person or employee~
wh:e:re pe :m.itted tm.de:r the Ci~ty' s Working Rules and
Re:~;ulati ms, unless such employee requests a public
he•a:ring. The pr~siding offlcer may exclude from arty
su•t::h exe :uti ve s ess :f. on during, t'he examination of a
wit:ness my or all other witnesses in the matter b·eing
imrestig ;.ted.
2. Pr•c1posed or pending litigatJ.on.
''3. Co·rLtract negotiations.
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Sec. 2.102
SEC. 2.102
Eight(;n councilmen shall conscitu.t.e a qu<,nun for the trans
action of b1J.sines:;, but a less number may adj oum from time to
time and may comp· !l by a notice the attendance of absent members
refusing or negle•:t~n.g to attend such xue•::!tings. Disobedienc:e of
the notice xoay be punished at the disc:re::ion of the Council by a
fine as may be de•.'!Ued prope1·. The not :Lc~~ LJ.ay be by any mearLS
giving actual not:.ce to appe.ar, and may he given by the City
Clerk or any persnn author·ized by the Council.
When there i1. no quorum, the Hayot·., or Vice Mayor, or any
Councilman shall ;,djourn such meeting, 01~ if no Councilman is
prt!sent, th~~ City Clerk shall adjourn the~ meeting.
' . (~~2114, 12-10-62)
S~C. 2.103 AGI:NDA
All rep·:;,rts, ordinancE.s ~ resolu.tim:t~: ,, contract documen1::s,
. or other mat::ters to be submitted t.o th(;! Council at their regular
meeting shall be delivered to the City Clerk not later thall
1:00 P'.M. on the t receding Thursday. 1'hE! C:i.ty Clerk shall prepare
the agenda c):E all such matters according to the ord~r of business
(Section 2 .104) m mbering eaeh item cons\S:cuti vely. A compltate copy
of such agenda shEll be delivered or mailed to each counciltllAn
and each dep,artmer. t head so as to reach the recipient not later
tha·6 7:00 P .H. on the Friday preceding each Council meeting.. The
agenda shall· be a"vaiLable to the public in the Office of tht~ City
·clerk not later than 9:00A.M. on the day of the meeting and in
the Council Chambe.r:s ·during each meeting.
No. matt•~rs other than those on the agenda shall b(~ fin~tlly
acted upon b'' the :ounci; provided 'j how1~ver, that matters dE~emed
to. ~e emet·gencies Jr of an urgent natu.rt~ by any councilman, the
City Manager or th:i City Attorney, \o:it.h an explanation of the
emergency or .urgen:y stated in open Cou:n.cil meeting may, with the
consent of a·major·:~ty o.f the Council be considered and acted upon
by. the Counc:Ll. ,#~2114, 12-10-62)
SEC. 2.104 Q!m~R OF BUSINESS
. At the hOlJX' s~~t by law or. the day o·f each regular meeti:ng,
the. C1:1unc.ilmc~n, City Clerk, City Attorney, City Manager, City
Controller; and s;.ch department heads as have been requested to
be present, ~;;hall take their regular stations in. the Council
Chamber:. and the btsiness cf the Council shall be taken up f<>r
conside.xation "and ci.sposition in the following order except t:hat
with the unanimous consent of the Council, :natters may be taken
un out of order ..
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1. Roll Call..
2. App:roval ">f minutes of previou~: meeting.
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4.
5.
6.
7.
8.
9.
10.
11.
12.
SEC. 2.105
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Sec. 2.104
Continued
SpecitJ<l Ord-t rs of the D~y; and Public Hearings.
Re:ports of. (omrrdttees and Plan;:.ing Commission.
Re:solutions and 07:dinances.
Rti:port •>f Ci ;.y l.fana.ger.
Report3 of O~ficials.
UnfinfHhed 8 1.1siness.
NE:w Busoiness.
Wri tte!l: .Corru:m; nications.
Oral Communications.
Adjournment. (#2114,12-10-62)
The Mayor, 01:0 in h:.s absence the Vice Mayor, shall be the
Presiding Officer of the! Counc:l.l ancl shall a.s.1;ume his place and
duties· as .S\.lch imr.tediat:cly following his election. He shall
prese.rve stri.ct .order ar d decorum at all meet:Lngs of the Council,
anno:unce it$·. decitdon. ot all subjects and dec:Lde all questions
of order~ st:t'bject, howe'\ier, to an appeal to the Council as a
whole, i.n which event a ·.na,jority vote shall gcvern and conclusively
deterr.lline stLch. question 'r order. He shall V<lte on all questions
as -other members of the :=ounciL
The Hayor shall sig. t all ordina\"'.ces and resolutions adopted
an<i contracts appr<:>ved. b:· the Council at meetings .at which he is
in .attenda.n<::~. In the e'•rmt of his absence, the Vice Mayor shall
sign· such doctJm~ntH as hJ,.ve been adopted and approved by the
Coun.cil. In the abs:ence '·f the 1'1ayor and Vice 1'1ayor the tempora;ry
chain:x:t.an sh;:tll sigr:i such documents as h:ave beer~ adopted and
approved during the! meeting at which he presidt~d.
In the event the Vice .Mayor is absent, th€~ Mayor shall have
the right to name any tn€1li:>er of the Council to perform the duties
of Presiding Officer, b·ut such substitution shc:11l not extend
beyond an adjouri-.ment.. (#12114)12-10-6:.2)
SEC. 2. 106, . ~'TO ORDER -PRESIPING OFFICE;!L
· The Mayor,. or tn his absence,, the Vice ¥.aayor, shall take
the. chair at: the hot.tr appc inted · for the meeting:, and shall call
.the Coun:~il to orde:~:·. In the absence of the Mayor and the Vice
Mayor~ and the f3ilure 1'f the Mayor to appoint a temporary chair
man; .the Cit:y Clerk or his assistant~ shall call the Council to
order,· wherE~upon a temporary chairman shall be elected by the
councilmen present. Upon the arrival of the Mayor or the Vice
Mayor, the t:emporary chairnar. shall relinquish :the chair at the
conclusion: Clf the busit'U;!SS then be!ore the CounciL
7~8 (#2114,12-10-62)
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SEC. 2.107
Befo:re proceeding wi.th the business: of the C<:>uncil, the City
Clerk shall call the r .. oll of the Councilmen. and the names of those
present ~hall be enter.ed .·in· :he minutes, (/!2114, 12-10-62)
~SEC. 2.108
Unless the reading of the minutes of a Council meeting is
requested by a .. majority of tl:e City Council such m:inutes may be
approved without. readj~ng if the Clerk has previously furnished
each Councilman with a copy thereof. Ufi-'114,12-10··62)
SEC. 2.109
a.
b.
c.
d.
Presiding Officer ~~~bate and Vote. The Pr·esiding Offic~!r
IiiiY'tnove, secondand · e 'ite fram~tf~chair, subject only t<>
such limitations of .debate as are by these rules imposed on
all Councilmen and shall not be deprived of any of the rights
~nd privileges of .a .Coun ~ilman by ::-easor of hJLs acting as
the Presiding Officer .
GettlnfD the Floor..;.· Im:ercDer References to. be Avoided. Eve1:v
COuncl man O:esirini~ to siieal< sfiarr ~address-alE:cliair and, .
upon recognition: by the ; •resid:i.ng Officer, shall confine
himself to the que:>tion under debate, avoiding: all indecorous
lan.gttage and refer4mce t<1 personalities.
It~~ons. A cc,unciln .an once rc~cognized, shall not be
in·te.rrupted when .sp•eakint unless it; be to call him to orde:r,
or a.s: herein oth.eno'ise pr: ovided. If a Councilman while
spealdng, be called tel order, he shall ·cease SJpeaking until
the question of order be ietermined, and, if in order~ he
shall be per::nitted to pro:eed.
M0tion to Reconsider. A m >tion to 1::-econsider any action taken
by the. Council may i5'e mad~ only on the day such action was
taken. It may be m.ade ei :her innnediately during the same
session, or at a re1::essed or adjou1:ned session thereof. S·uch
motion must he made by on'! of the prevailing si.de~ but m.~y
be f:econded by any C.oun.ci: .roan and ,;nay be made a.t any tim•!
and hc:ve precedence over <!ll other motions, or while a
Councilman has the floor, It shal:L be debatable. Nothb1g
herein shall be c.onstr~-ted to prevent any Councilman from·.
maki~g a motion tc :rescint st,;ch action at a subsequent meeting
o.f the Co~nci.l. ({f.Zllt+,l ~-10-62)
SEC. 2.110· ADDRESSING2HE C:OUtJCI_1.
Any person desiring to address the Cocncil shall first secure
the permission of the Presiding Officer so to do; pr1:;,vided, how
ever, that U'i:1der the follO'wing 1eadings of business, unless the
Presid.1,ng Officer ru:1es o!:herwi ;e, any qualified &Ld interested
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Sec. 2.110
Continued
p¢rson shall. have the rig..l-).t ~o ad ix·ess the Council upo:n obta.in:ing
re!cognit5_on by the Presiding Offi ~er.
a ..
.b.
Public Hearings. Intet'ested persons or their authorized
representatives may address ::he Council in regard to matters
then: under consi.9,erati,:m.
(h:·al Cotmrurdc.ations. Taxpay,~rs or residents of tbe City, or
tl'ieti"iut1iorize0: regal repre·;ent:atives, may addre;::;s the
Council by oral comm..un.:i.cation.s on any matter c:onc·erning the
City's b'usine:as, or any matt,~r over ·which the Cou:ncil has
control; provided, how,~ver, ':hat preference shall be given
to. thos~ persons who may hav·~ notified the City Clerk i.n
advance of their desir~~ to speak, setting forth ~Jhe nat-u.re
·of the communication, :Ln ord~!r that the :;.a..ue may appea·r on
·the. ag.euda of the Counc:iL U.b2114, 12-10-62)
SEC. 2.111 ~NN_]_R pF _AJ2pRE~1} IG COONC ~L • TIME LIMIT
a .. ·Individuals. Each pers(m .add::essing ::he. Council shall s~:ep
up to the m:!..crophone in the . :ront of the rail, sh.all give
his name and address in an a1 :dible t~me of voice for the
records~ and unless fm:.-ther 1 :ime is J;ra.nted by the Presiding
Officer, shall limit h:Ls add: ·ess to :Eive minutes. All
remarks sr..all be addre~;sed t11 the Council as a· body and not
to any meX!lber ther:eof, No P'!rson, other than a Councilman
and the pe:cson having the fl1lor, shaLl be 'Permitted to enter
into any discussion without 1:he permtssion of the Presiding
Officer.
b. Srokesman fer Group o£ Pers?l~ Whett any group of p0rsons
w sfies tc, address. the CouncJ..". on the same subject m.att:E:r, .
it shall be proper .fo!' the P:·~=:iding Officer to request: that
a spokesnan be chosert hy the ~;.l:'oup to address the Counc:il,
and in case additional nl8tte:~s are t<• be presented at the
time by any other memb1~r of ::aid gr(,t.tp, to limit the n\;tmber
of persons so addressing the Council,. so as to avoid 1Jtmec
e.esary repetition befo:re the Council. (tF2114, 12-10-62)
·SEC. 2.112 ADOR~SSING THE COUJCU.--A[r!.:R MOTJ.9N MADE
After a public. hearing has b-~en closEd and after il moti.on
is made by the Cou.ncil, nc' !?erson sha.ll address the Co,uncil
without first securing the }ermis ;ion of the Council st;,. to d.o •
. ··. . (4}2:114, 12-10-62)
SEC. 2.113 SILENCE ~riTU'tE> AZ'FIRHATlVE VOTE
Unless a Councilm.an st.:ttes t1at he is not voting, his
silence shall be :record~d as an affirmative vote.
(#2114,12-10-62)
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SEC. 2.114 DECORUM
a. By Council~,!:£1. While 1:he Co~ mcil is in session, the Council-
men must preserve order and deco :-um, and no Councilmfm shall!, by
·.conversation or otherwise~ delay or interrupt the proceedings or
the -peace of the Council nor dis ::urb any Councilman llmile speaking,
or ref1.xse. to. obey the orders of ::he Council or other Presiding
Officer,. except as otherwi:seherein provided.
b. ..Bl; Other Pe;-sons. A:ny person making personal, j~mpe:r·tin~mt,
or slanaerous remarks or who shall become boisterous while address ..
ing the ~ouncil .shall be forthwith, by the Presiding Officer~
barred from further audience at said meeting before the Counc:ll,
unless .permissi.on to continue bE granted by a majority vote of
the Counc:f.l. (#2114, 12-10-62)
SEC •. 2.115
. The Chief of Police shall C: e ex-officio:. Sergeant-at-Anlls of
' the Council. He shall carry out all orders a;'ld instt:uctions
·given him by the Presiding Of fie er for the pl1rpose oit Jll.aintaJ.n
ing. order and decorum in ti:i.e COl.J nci l. Chamber. Any p~~rson in the
audience who uses loud, bc•istercus, or profane language a·t a
Council meeting, or language tet1 ding to brin.g the Council, or any
Councilman into contempt, or any person who persistently :lntc~r
rupts the proc~edings of the Cot.: neil, or refuses to keep •q'l1i~:!t or
take a seat ~en o-rdered to do so by the Presiding Office:r, uhall
be dee:ned guilty of a misd:erueanc r, and upon conviction there<)f,
. shall be punished by a fit:le of rot more than. One Hundred Dollars.
($100.00), or by irnprisorm1ent ir the County Jail for a pe·riod of
not more than thirty (30) days, or by both such fine and :imp:dson
m~nt. Upon instructions c)f the Presiding Officer, it shall be
the. duty of any police officer I resent to eject any :such per::; on
from ·the Council Chamber Clr place him under arrest o·r both.
' (#2114,12-10-62)
. SEC. 2.116 ... .£Q...UNCIL C'tJJ~ERS i SMOKING
. .
It:. shall be unlawful for ar.y person to smoke in the Council
Chambers at· any time. (;/'2114, 12-10-62)
SEC. 2.117 PERSONS Atn:'HORIZlD TO BE WITHIN RAIL.
No ·person, excep! City off:.cials, their representatives,
and reJ?resentatives of na?sugathering agenci.es, shall be per1nitted
:within the rail in front of the Council Chamber without the ·consetlt
·.of the Council.: .. {1!2114, l2-10-f2)
SEC. 2.118 · PREPARATION OF .]J;:NUTES
a. ~~thod of)<ee£i~ Minute.§. •. The minutes of the Council shall
be kept by the ~lrty c erk ana saall be neatly typewritten in a book
kept fo::<~ that purpose, wi:ch a r;cord of each partie7.::lar type of
bus.iness ·transacted. se-t off in ~ ,aragraphs, \tith proper sulb-heads;
_provided that; the City Cl.erk sh 111 be requil~ed to make a :record
only of such· business as '"'as .s.c :ually passed upon by a vote <)f the
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Sec. 2.118
Continued
Council, and shall ~ot oe req.dted to tilake a verbatim transcript
of .the proceedings; provided further tha1: a record shall be made
of the names and addresses of p~rsons addressing t:he Council, the
title of the subject matter t) whi.::h the:Lr remarks related and
whether tht:y spoke in suppot·t of or. in opposition to such matter.
b. . Rema:;:ls-;_,of Counci lr;!!.n; li.llen Enter$.2..~in Minutes. A COl.lttCilman
may reqt\es t, dirough the Pres Caing Ollie car, the p:ri vi lege of
having an abst.ract of his sta::ement on any subj~ct.: under consider
ation. by. the Coun.cil e·ntered ira the minutes. If the Council
conse~.ts'ther~t:o, such statement shall b!~ entered in the minutes.
c. S~o,.Esis of Debate· lNhen Entered in the Minutes. The Cle·rk
may beirecteo oy t11e rr-esrarng Orricer:, witn the consent of the
Council, to enter in the m:i.nlltes a synopsis of the discussion on
any-question coming regularly before the Council.
d. Deli ven of MinutE~s. As soon as possible after each Count:::il
meeting the City Clerk shall cause a copy of the lllinutes ther.eof
t~ be forwarded to ea-ch Councilman, !:he City Manag~r, other o:fficers
of the City and department h~:ads. UF2114~ 12-lC-6:2)
. SEC. 2.119 COUNCIL NOT.J1_J_NTERFERE IN ADMINISTRATIVE SERVICE
Neither the Counc:i.l nor:· any of its <:onunittees or members
shall direct:, request or atttmpt to influence,either directly or
indirectly, th"! appointment: (•f any person to office or employt~tent
by the Ci.ty r~nager or in an3· manner int~:lr.fere with. the City
Manager or p:reverit him from (:xercising his own judgmertt in th'~
appointment of o.fficers and (:m.ployees in the administrative s•~r
vice. Except for the purpos(~ of inquiry :1 the Cou'lcil and it~.
f!letnbers shall deal with the c~dministrative servit.:e solely thr<>ugh
the City Manager, and neithel· the Council nor an)~ member ther•~of
shall give orders to any of the sub¢rdinates o~ the City rlana.ger,
efther p·ublicly o::: privately (4121147 12-10-62)
SEC. 2.120 CITY MAN .. -\GER ,tUTHORlZED TO PROCESS COUNCIL MAIL.
. The City Manager is aut)torized to r•eceive an1d open all mu.il
addressed to the City i:otmc:f .• and give i:!: imm.edia:te attention to the
end that all adm.inistr.ative ·;>usiness ref•erred to in said communications
and not necessarily re•:tuir:i.n ~ councilmanic action may be disposed of
between council meetin,gs, pr 'vided that all actions taken pursuant
to such communi.cations shall be repo-cted to the City Council 1:here
after. Any comm.unications r ~qui ring Council act:i.on will be r·~port:ed
to the City Council at its n~xt regular meeting together with a
report and recommendation of the City Manager. (-1~2114, 12-10-62)
·. SEC. 2.121 STANDING COMM El'TEES; SPECJAL COMMJ, 'ITElS
At the second regLJ.la.r ro ~eting of th1~ Council in July, after
the election of th~ Mayor, t 1e }ll'..ayor shall appoir~t four stand:ing
committees from the members Jf the Cour~c:tl, conststing of fi v~e(S)
7.12
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Sec. 2.121
Continued
or more t:nembers each, Such committees shall be designated,,
respectivel", Commit::ee No 1 (Public Wo:rks and Planning),Con:mittee
No~ 2 (Public Safety), Comnittee No. 3 (Policy .and Finance),
Committee No" 4 (HOSJ>it&l)
In. addition to· ::he du :ies hereinafter set forth such committees
shul perform all other du :ies assigned to the:r: by .. the City Council.
All matters. referred to Conmittees by the City Council shall be
reported back tothe Counc.l within 60 days aft.er such referral.
The Council may by a major ~ty vote withdrtl'tv arlY. matter from Com-
mittee for acti.on. at any Cmncil meeting. ..
. In addition· to standi ·1g committees the Mayor may, subject to
-approval of the Council ap )Oint such other sp,~c:ial comm.ittees of
councilmen,. private citize 1s or both as he det!:tl:t.s desirable artd
necessary to assist: s.nd ad Jise the City CountJ.~~!d:H, i£~-Y8!'g:2 )
~EC. 2.122 C~!l'TEE N), 1 (PtJBLIC .~ORKS i~~ PlANNING); r~IES
It shall be .. the duty 'Jf Conunittee No. 1 to consider and make
recommendations on matters referred to it by t:be Council, Mayor,
or the City Manager relating to public works, public utilitiif!S,
·engineering a?-d planning n:atters. UJ:2114, 1.2··10-62)
SEC. 2 .. 123 .. COMMI.I..:"'];~.J o. 2 (PUBLIC SAFETYL DUTIES
It shall be thE~ duty of Committee No. 2 to consider and make
recommendations on !!lSttel:~ referred to it by the Council, l-'f..ayor,
or the City Manager relat1ng to recreatl.on,. lihraries~ fire depart
ment, police departmen.t, ;: .nima.l shelte:r ~ traffic and other WLtters
relating•to public ~;af'ety, (ff21.14, 12-10-62)
SEC~ 2.124 COMMITTEE ![Q;.:_ 3 (POLIC'( AND Fl~tWC_ll.; D_tJTIES
It shall be th1: duty of Committee No. 3 t•::l> consider and make
recommendations on natter:: referred to :Lt by the Council, Mayor~
.or the City Manager relat: .. ng to finance, audits and systems c1f
accounts, organizat:Lon~ and other matters pertaining to intex:nal
control and procedu::-e:s ,, · 'b.is conmittee shall also review :Lnd
consider policy matters a :fecting the general operation of the
City which do not ·fall wi' :hin the scope of other committees cmd
make recommendation:; on ::uc.h questions. (ifo2ll~,12-10-62)
SEC ? 1·.-..... ... ... . · _ _,._~ Cot!f['l'TEE W. 4 (HO_§PII'AL2_; mrr:IES
It shall be the duty of CommitteE~ No. 4 to consider and
make recommendation:: on m itters referred to :i.t by the Council 1
Mayor, or the City :~nage:: affecting any hospital owned by the
City. :·UF2114~12-l0-62)
7.13
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Sec. 2.150
LEGISLATION.
SEC.. 2.150 !1§!JIOD_.Q E._ ACTION
Legislative action shall be taken qy tb,e Council only by
means of an ordina·nce ~r resolution. Uf21V~. 12~ 10-62)
SEC. 2.151 f]EPARA 1 I ON OF ORD H~ANCE~ ·.
All ordinanC.~<iS-~ e:~! cept ordinances init:l~at ed by the elect:ors
·of. the City .under the previsions of Articl~~ \I'!, Section 2 of the
·Charter, shall be prep a.red in writing by the City Atto-rney. No .
ordinance shall be prepared for presentation to the Cou.."'l.cil unless
ordered by a majority vote of the Council or requested in. wt~iting
by the City Man<t.ger, c r prepared by the City Attorney on hi!: own
initiative. (1~~114, 12-10-62)
SEC. 2.152 PKIOR AJ: PROVAL BY ADMINISTRATIVE STAFF
All ordinanc:es, e1 cept ordinances initiated by the electors
of the City undE~r the provisions of Articl·~~ VI, Section 2 of the
Charter, resolutions l.nd contract documents, before present~ltion
to the Council, shall have been approved as to form by the City
Attorney or his authO)'ized re.presentative, and, where substl)lntive
matters -of admini.strat.ion are involved shall have been exami.ned
for ad;:ninist:ratj~on by the City Manager or his authorized repre
sentative. (¥!2114,. 1 ~-10-62)
SEC. 2.153 INTR0!2.Q: :ING FOR PASSAGE A~i'D APPROVAL
a. Ordinances, resol' 1tions, an-1-i cthet' matters or subjects re
qu.iring act:lon by the Counctl must be introduced and spc>nsored
by a ·member of th~ Council, except that the City 11anage1: or
City Attorney may present ordinances, resolutions or other
ma.tters or subjec ;s to the Council for consideration.
b. Wi.th the sole exc~ption of ordinances which take effect upon
adopt: ion referred to in this Chapter, no ordinance &~1all be
passed by the Cou1cil on the day of its introduction nor
within. ten (10) d::tys thereafter, nor at any other time than
at a regula:.;· or s ;>ecial meeting.
c~ Any ordinance declared by the Cc';.'>ncil t:o be necessary as an
emergency rc.easure for preserving the public peace, health or
safety, and containing a statement of the reasons for its
urgency, may be i L1trodt;;ced and adopted at one and the s.rrme
meeting if passec by a vote of four-f:lfths (4/Sths) of the
Councilmen presert.
d. Ordinances at~.d rEsolutions may be int:roduced and passed by
re-ading the;! titl( only, and shall be ·read in full only ~rhen
r,equested by a m~ j ority of the Council.
7.14
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.e. A proposed ordi l'l.ance may be amended between the time of its
introduction and the time of. its fir!:al passage, providing ..
its general scc;>e and original io.tet1.tion are retained. Tbe
correction of tn>ographical or cler:tcal errors shall not
constitute an ant:ndment within the meaning of this section.
(#2114, 12-10-62)
SEC. 2.154 TITLE'
Each ordinance shall be preceded by a bt'ief title which shall
indicate the subject purport thereof. (#2114, 12-10-62}
SEC. 2.155. ORDAlNING CU\USE
The ordf.l;ining claus~ of all ordir.t.anc:es adopted by the Council
shall be substa11tially as follows: "The Council of the City of
Palo· Alto does ordai.n. as follows," and the ordaining clause of
all ordinances adopted by tht: people shall be, 11 The People of the
City of Palo Alto de ordain as folli)'iY'S. u (#2114, 12-10-62) ..
SEC. 2.156 VOTE BY VOICE VOTE OR ROq::_9.J:b
Any vote of thE Council may be by vc~ice vote, except that
upon the demand of .any member, either prior or subsequent to' any
vote, suc.h vote of t t"le Council shall be by roll call. WhenE:ver
a recorded or roll ca.ll vote of the c~,unc:il is in. order 1 thE:
City Clerk shall call the names of thE: m«::mbers in .alphabetical
order. (#2114> 12-10-62)
. SEC. 2.157 MAJ m prY VOT~,!~QUIRED
No ordin,mce 01 res.olu.tion shall be introduced or pass•~,
no appointment: madet no officer removed, and no contract sh<:tll
be awarded wit:hout the affirmative vote •:>f at: least eight (l3)
members of thE: Coun< il. All other action o£ the City Counc:Ll
unless subject to other statutory or c:onl!>titutional requirements
shall be deem~!d pas~ ed upon receiving a r!l8.jority vot.e of all
councilmen present. (¥12114~ 12~10-62)
SEC. 2.158 EFFEi :TIVE DATE -
No ordinance a• ~opted by the Coun4:il shall become effec1::tve
until thirty (30) d<.ys from and .after the;! date of its adopt:Lon,
except the fol.lowirq; vlhich shall take efJ!:ect: upon adoption:
a. An ordinance C(.lling or otherwise rtl!lati.:ng to an elect:lon;
b. An improvement proc.eeding ordinance adopted under some law
or procedural ( ~rdinance;
c" An ordinance d~:claring the amou-nt of mot::ey necessary to be
raised by taxation, or fixing the rc;,te c,f taxation, or
lev:ring t:he . anr uaJ. tax upon property , or adopting a budget.;
7.15 ,, .,.
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Contd.
An emergency or iinance adopted in th1e manner provided for
in this chapc.er; .
e. An ordina:n.ce an.1exing areas to the C::Lty; or
f. An ordinat'lce. pr >viding for tax levy 1:>r appropriation f•::>r the
usual current e:cpenses of the City. (1f2114, 12-10-62)
SEC •. 2.159 RECOR> OF ORDINANCES AND Rl~SOLU1'IONSj SIGNATURE
WMX·lo~-. ------
All ordin•!lnces ,:1nd resolutions adopted bv the City Council
shall be signed by the Mayor or officer p-residing at the C<nmcil
meeting at whic:h th~:.' were adopted~ attested by t:he City c:U:!:rk.
and filed in the off::.ce of the City Clerk .. (#2114, 12-10-62)
7.16
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Sec. :2. 2(11
DIViSION 2
SEC. 2.201
~~~.L?f.TIO! :_9£_/~pM!NIS.l]:A.TI V:E!...I!l_~CTIONS
Of.FICE: OF .·TEE C!.TY CLERK
..... --·
This office shall be u1der the direction of a City Clex·k ~h.o
shall be accountable to the·Council. Hi.s duties shall be as
follows: ·
1. He shall keep a· 1::-ecord of the procE~edings of the Council
and of such other bodit.:s as the Council m.ay require.
2. He shell keep all ordiranc€s, resolutions, contracts, and
agreeme.nts of thE~ City and authenticate such records as may
be necessary.
3. l:i.e. shall publish ordinOjnces and other legal 1:1otices as
required.
4. Be shall keep and maintain a record of all elections of the
• City and shall be respo1sible for the cortduct of electi1>ns.
5. He shall keep inf~::>rmed .m all matter6 pettding before tht~
Council and befor.~ othe:~ bodies ss the cc~und.l may require.
6. He shall. have powt~:r. to mimi11ister oaths c1r affirmations in
connection with aj.l matters relating to the municipality.
7. He shall have custody of the seal of the City of Palo Alto.
8. He shall have authority to appoint deputies a:nd assista:r:.ts
in accordance witb contzol procedures established for that
purpose and administered by the Division of Personnel;
provided that the appoir:tment of all deputies shall be
approved by at least eight (8) me.vnbers of the Council.
9. He shall perform such ot1.er duties as may be required by the
Charter or as t:he Council may require of h.im. (ifl277, 7-l-51))
SEC~ 2.202 OFFICE Ot_~:ITY ATT~RNEY
This office shall ·oe und·~r the direction of a Citv AttorllCY
who shall be account:ab" .. e to t ~e Council. His duti(;S shall be ai;
follows:
1.
2.
He shall·:advise th1a Coun1:il., the City Manctger, Boards, Com··
missioos, and all office:. ·s and departments: of the City on ;all
matters of law.
He shall draft:, or assis1 in the drafting of, all ord:i:nanc•es,
resolutions, agree:aents, and contracts to be miade or entE~r•ed
into by the City and app1ove the form of such instruments.
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:_,on:td.
3. He shall prosecute all viol n:ors of City ordinances and shall
represent, the, City in all a :tions at law.
4. He shall have authori t:y to 1ppoint deputies a:n.d ;assistants
in accordance wich co::~.trol · )rocedures establi.shed for that:
purpose and administe:red by the Division of Perst:>nnel;
provided that the, app1Jintment of all deputies shall be
approved by .at least ·~ight :a) members of the Council.
5, He shall perform such other duties as may be reql:tired by t;he
Charter or as the Council m<lY require of him.
6. He shall defen,d any officer or employee of ·the City in any
action arising out of the p( rformance of the offi.cial duties
of such officer or employee. Utl277, 7-1-50; 1ftl894, 10-26··59}
SEC. 2.203 OFFICE OF THE CIT~ CONTROLLER
This office shall be 1..mder the direction of a City Controllez·
who shall be accountable to .. the Council. His duties shall be <!S
follow.s:
1 .
2 .
3 .
He \>rill formulatt! and reconm: end to the Council policies and
' procedures on accounting, auditi.ng, budgeti.ng, the prepar<:ttion
and payment of payrolls~ tax matters when directed by the
Council, bi'!.ling, the drawing of warrtmts in payment of p:r:oper
and approved claims against the City, and other financial
matters; shall administer su ::h policies and procedures wh,en
approved by the Council and ;hall conduct such activities
for the> Ci.ty.
He shall prescribe, S'Ubject :o the approval of th·e Council,
the form in which the ·:,udget is to be presented f1Jr adoption.
He shall prepare and m;:tintain the cost accounting books o·f
·the City, records refl·::cting the unenctm~bered balances, s.nd
such other records .as may be apprcpriate for the :Eulfillrnent
of his function .
... 4. He shall prepare all f::.t :lnci<ll'. statements and rep()rts for
the City, '1\nd in parti<:ular: , ·
a.
b.
Shall r~nder anm.wl and monthly repot'tS tCl the Counc:il,
reflecting revenutts and expenditures of the several
departments.
Shall render a current n :onthlv statement to the City
Manager, reflecting uner cumbered balances for all ·
accounts administE:red b) the C:i.ty Manager or departn:ents
coming under his control.
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See.2.203
Contd.
5. He shall review the p:x·opose< annu.al budgets of all c•ffices
and departments of thE! City and consolidate them int:o the
proposed annual City budget for presentation to• the Council
by the City Manager.
6. He shall establish procedur•1:s .for· the operation of. the City's
insurance program, shall ha' ·e custody of all in.sur.a11ce
policies) and sh~ll k•~ep th•: Council advised as to 1:he status
and expiration dates of all policies .
7. He shall be responsibLe for the ma54ntenance of an inventory
of all property, equip•nent) and supplies owned by the City.
8. He shall audit all deznands un the City) and pre-audit accounts
When necessary or when requ• !Sted by a Council appointed
officer.
· 9. He shall prescribe prt,cedur·:!S for. accounting and! billing in
all departments.
10.
11.
He shall interpret th•e .int~ 1t of budget appropri.ations, and
upon request of any C•:>1..~.ncil appointed officer shall advise
as to the.propriety of any ,ropos~d charge .
He shell have authority to 1ppoint deputies and assistants
in accordance with cont:rol )rocedures establish.r~d for that
purpose and administered by the Divisi('n of Personr:lel; pro
vided that the appointment 'f all deputies shall bE! approved
by at least eight (8) members of the Council.
12. He shall have the powers and duties of City Audjl.tor .
. 13. He shall perform sucb other duties as 1::tay be re<Juiz:ed by the
Charter or as the Council u sy require of him. (~ 12~r7, 7-l-50)
SEC. 2.204 OFFICE OF THE CITt ASSESSOR
This office shall be ·under :he dire-ction of a City Assessor
who shall be accountable to the :ity Council. His duties shall be
as follows:
1. He shall exercise all the p :>Wers and perform all the duties
conf~rred and imposed by la., upon the City Asse~;sor in the
assessm~nt of property for ~axation.
2.
3.
He shall be responsible fo.r the presentation of the annual
assessment roll to the Coun::::.l in such manner and form spE:cified
by la't<J'.
He shall keep and maintain all records used for tax assessment
purposes.
7.19
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C•:>ntd.
He shall have autho1city t•l appoint deputies and .assistants
in accordance with j::ontro·. procedures established for that
purpose and adminisltered ·,y the Division of Personnel;
provided that the a!?POint:lent of all deputies shall be
approved by at leas:t eigh: (8) members of the co~uncil.
5. He shall perfo·r~n such oth ~r duties as may be ·required by the
Charter, State law~ City 'rdinances or as the Council may
require of.hirn. UH.277, 7-1-50; #2122, l-28-63)
SEC. 2 .. 209 · OFFICE OF TME C rTY MANAGER
This office shall be t.mder the direction of a City Manager,
who shall be accountable to the Council. His duties shall be as
follows:
1.
2.
He shall have the duties as set forth in the Charter.
He shall have subject to his approval expenditures, :)olicies~
and procedures for the d£partments coming under his. control.
3. He shall ~ign for the City approved contracts, agreements,
and leases which de' not require the signature of the Mayor.
4.
s.
6.
7.
8.
He may recommend to the (ouncil the sale or lease of material,
equipment, property, and real estate of the City.
He may negotiate S\:Lch cor .tracts and leases as the Council
may authorize.
He si1all :recommend to t:ht: Council schedules of fees and rates
for all types of S4~rvice1 perform.ed by departmer.ltS under his
controL Ir. addit)~on, he: shall ests.blish such fees a.nd rates
as the Council may direct ..
He shall recommend chan.g~ ~s to the Council on thE~ basile organi
zation plan of depart"llen::s under his control, and enforce
_changes approved by the 1 ;ouncil.
He shall perform S1lCh du :ies as may be rE-quired by the Charter
or .as the Council may re·iuire of him. (111277, 7-1:.50;; tfol526,
2-23-54)
SEC. 2.210 DEPARTMEin' OF ~ 'D:t-UNISTRATION --_.. .-_ _..... ·--
Th.is department sh.all be under the direction of the City
Manager. It shall be compose.i of the following divisions which
shall have the fu_nct:ions heretnafte·c set forth and such others C:$.
may be delegated.
7.20
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1 .. ) Sec. :2.210.2
SEC. 2.210.2 ~SION CF C~~L SERVICES
this division shall be Wlder the supervision of the City
Manager or such pex~son aE he may designate, who shall be account
able to the City Mltnager.
2.
3.
4.
5.
· Thi.s division shall provide telephone, mail o~:s.nd messenger
service for all Cit)· departments.
This division shall provide an: information service: at the
City Hall.
This division shall provide multigraphing, mimeogt~aphing
and other d·uplicatiag facilities for all City Departments.
This division shall provide centralized office mac:hine opera
tion for. all <::ity d ~partmcnts when such centr.aliz~~d operation
· is considered advis ible.
This di....,'ision :;hall provide such other duties as tl:tay be
required of it by t :1e City Manager. · · _
(#1277, 7-1-50; #1526, 2-23-54)
SEC. 2.210.3 !?.IYISION )F PURCHASES AND STORES
This division shall be under the supervi.sion of a Pu::-chasing
Agent who shall be acco" tltable to the City ~ma.ger. Hj~s duties
shall be as follows:
1. He shall makE: all purchases required by the various depart
ments, divisi.ons, c ffices, sections~ and units of the City
c;:overnment ir.t conf( rmity with the control procedures esta-
blished for that pt rpose.
z. He shall operate ai.d maintain the warehouse and storage
facilities of the City and such control re:cords as are nec
essary for the pro1·er ·inventory of stocks and sup~•lies.
3. He shall prepare o:· obtain and maintain st:andard specifications
for material:;, supplies and equipment wherLever pra<:ticable.
4. He shall keel) info~ :med and mail'l.tain records as to the sourt:es
of supply fo:t· all • :lasses of purchases, bi.ds and price
quotati.ons., :and ot: \er related items. In addition 1, he shall
cooperate wi·t:h the City Controller in keeping invEmtory
records of all equ Lpment and major items of suppltes owned
by the City and in making periodic inventories.
5. He shall advise a.ni assist the City Ma·nager i'l th4! formulation
of policies and prJcedures in connection with the purchasing
activities of the :ity.
7.21
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Contd.
6. He shall have subj ~ct to his authot:i.zation and cot1~trol emer
gency purchasing i 1 accordance with approved proce1dures when
centralized procur~ent is impracticable.
7. He may be .authorizad to sign for the City Manager, purchase
orders which do no: exceed One Hundred Fifty Dollars ($150.00)
in value in confornance with control procedures established
for that. purpose.
8. He shall perform SlCh other duties as may be.required by the
City Manager. (#l277~ 7-1-50; #1526, 2-23-54)
SEC. 2. 210.4. QlVISION OF BUILDING AND EQUIPMENT MAINTEN~~CE
This division shal~ be under the supervision of a Service
Superiptendent "Ahc shall be accountable to the City 1-<.tmager. His
duties shall be as foll,ws:
1.
2..
He shall operate t1e City garage and machine shop, keeping a
record of th.e work performed by these sections for other
departments ·:>f the City. He shall recommend to the City
}'l'..anager a schedule of rates for such services rendered by
these sectiOilS.
He0 shall maintain md operate the physi~cal plant c.f the City
Corporation Ya::d r ~garding the assignment of space., the
maintenance •:>f the buildings, and the recOtllmendation of such
rules and re,gulati ms as are proper for the efficient use of
the faciliti·es o·f :he Corporation Yard.
3. He shall keep the , >perating records ~.,f .all motorized equipment
used or O?er,ited b:r the City, and shall recommend to the City
Manager inte:rdepar-:mental charges~ if any, for suc'h equipment
as may be ust~d by <:he several departments.
4.. • He shall coo:t:dinat·~ the needs of the several depar::ments,
except the F:lre Department, for motorized equpment into the
over-all requirements of the City for motorized eq11ipment and
make· general recomi 1enda.tions to the City Ma:~1ager in connection
with the purchase o>r re11.tal of motorized eq . .\ipment ..
5. He shall r~c~)mli!end to the City Manager rule~) and rt~gulations
~·-governing th~~ use .tnd care of mechanical equipment used by the
various depa1::-tment: • of the City, except mot1:>ri:zed ~~quipment
used .and ope1:::ated l~y the Fire Dep.artmet'!.t.
6. He shall ac:::t1L.vely ~;upervise a preven.tiv.e maintenanc·e program
for all mechanical equipment owned or operated by the City .
7.22
as ass. 1 iii!R£422$
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.··sec. 2.210.4
Contd.
7. He shall be responsible for and direct the l.'!l.aintenance of
all public buildit1.gs owned or oper.ated by the City and shall
establish .a maint•mance program, including janitor:Lal
serv:l'~ces, f1:>r the upkeep of all public b·uildings 01med or
operated by the C .ty, and shall report regularly t':> the City
Manager the condi·: ion of Sl.JC:h buildings.
8. lie shall pe·dodic ~lly advise the City Manager and t:he Cit:y
Contr~,ller ·:m .the value of all public buildings owned or
operar..ed by the C Lty for insurance pur·poses.
9. He shall perfotm :;uc;h other duties as mav be re<:r~ired of
him by the. City M:mager. {:1!1277, 7-1-so; ~.~1526, 2-23-54)
.SEC. 2.210.5 DIVISHH OF PERSONNEL
This division shall be under the supervision of a Personnel
Offic'er ~,;he shall be accountable to the C:tty Manager. His duties
shall be as follows:
1. He shall be res?cr.'l.sible for the management and administration
of. the personnel program in accordance with r~les and regu
lations estatli.sbed in the Merit System.
2. He shall ad:minist er control procedures for the recruitment,
employment, and Fromotion of personnel of the City.
3. He shall fctllow $UCh personnel procedures and practices as
may be appl'oved l:y the City Manager.
4. He shall advise ~nd assist the City Manager in the pr-epara
tion of wage seal es for recommendation to the Coun.cil.
5. He shall prepare and maintain such job and positic'n classi
ficati.ons and Spf~ci.fications as may be requi·red.
6~ He shall k'~ep and maintain complete personnel recc>rds.
7. He shall C<>Ot"dindte such an employee safety progrnm as may
be directed by tl1.e City Manager.
8. He shall c~)ordin;:te and administer such em.ployee-:Ln-service
training p:rogram as may be directed by the City Momager.
9. The Personnel Of:icer shall perform all duties defined in
the Merit :5ystem and such other duties as may be required
. by the Cit:v-Mana ~e:r. Uftl277, 7-1-50; 1tl526, 2-23-54)
7.23
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•' I; .• : .. · .. i
Sec. 2.211
SEC • .2.211 DEPAR'l'NENT OF POLICE
This department shall be under the direction of a Chief of
Police who shall be 1ccountable to the City Manager. Hls duties
shall be as follows:
1. He wi.ll formulate and recommend to t'"le Ci.ty Manage::-policies
and procedures ?ertaining to the enforcement of ru:Les and
. regul.atioo.s . for the government and operation of th~~ Police
Department; sha 11 adu1inJ.ster such policies and pro<:edures
when approved by the City Manager and shall conduct: such
activities for-the City.
2. He shall be responsible for the preservation of thE: public
peace and. ordet", the prevention a.nd detection of ct·ime, the
apprehension of offenders, the protection of persons and of
property, and the enforcement of law.
3. He shall be responsible for the o:peration of the juvenile
law enfox·cement program of the City.
4. He shall operate the City jail.
5. He shall operate such equipment as is necessary for the
fulfillmE~nt of his function.
6. He shall enfor(e all traffic regulations.
7. He shall advis(; with the City Engineer Ot'l r::atters ccmcern
ing traffic cortrol.
8. He shall sell <nnually unclaimed property at public auction.
9. He shall deposit with the City Treasurer within three (3)
days sucb fund~ as may be collected in the operation of his
departmet:tt and at no time retain more than One Hundred
Dolla-rs ($100.(0) in his possession.
10. He shall perfozm Sl.tch other duties as the City Manag.er may
require c1f him. (#1277, 7-1-50)
SEC. 2.212 FIRE DEPARTMENT
This department shall be under the direction of s. Fire Chief
who shall be accountable to the City Manager. His duties shall
be as follows:
l. He will forxxn.1late and recommend to the City Manager policies
an-d procedures pertaining to the enforcc~ent of rules and
regul.s;tions for the gove:l'.:'llXnent and operat1~">n of the Fire
Department~ shall administer such policies and procedures
when approved b~· the City Manager and shall conduct such
acti~ities. for tte City.
7. 24'
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n/ Sec~ 2.212
Contd.
2. He shall be resp:msible for the prevention of fires, the
protection of life and .property against fires, and the
removal of f:Lre· lazards.
3. He shall b'e resp,msible for the rendering of emergency
services ft:>r whit:h his department is equipped.
4. He shall r~~commeud to the City Manager policies and pro
cedur·es pe1:-tainiug to the prevention and control of fires.
5. He shall bE: resp< nsible for the constrtLction, maintenance,
and repair of all fir~~ alarm fac:i.lities:.
6. He shsll be: respcnsible for inspecting btisiness and other
~remises i:or fire hazards and for the enforcement of th~
fire prevention code. In addition, he shall conduct
educational fi!'e prevention programs.
7. It shall be the dJty of the Fire Chief to notify the City
Assessor and the 3uilding Official of all property da:o.age
caused by f:tre.
8. He shall op1?:rate nnd be in charge of such equipment as is
.necessary f<>r tne fulfillment of his function.
9. He. shall perfoi'l!l ! ""'ch other duties as ro;g.y be required of
him by the City Ml n.age:r. (:/11277, 7-1-50)
SEC. 2. 213 Al\~L 5HELTER DEPARTHENl'
This department shall be under the direction of a Poulld
master who shall be acc::>untable to the City Hanager. His duties
shall. be as follows:
L
2.
He will form1u.late .1nd recommend to the· City Manager p·::»licies ·
and procedur.es reL1ting to the care and control of animals, ·
and shall adzninist .. ~r such policies and procedures whe:::t
approved by 1:he Cil:y Manager, and shall conduct such .!cti
viti~s for the Cit~·.
He shall enf(>rc:;e a) 1 ordinances and State Laws relati11g
to the care, contrcl, impounding, and registration of all
animals.
3. He shall cond..uct the sale of animals as directed by l.:tw.
4. He shall deposit 'v-i th the City Treasurer within three {3)
days such funds, as ·nay be collected in the operation t)f
his department and !t no time retain more than One Hw1d~ed
Dollars ($100.00) i·'l his possession.
7.25
...
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5.
Sec. 2. 213
Contd.
He shall recommend to :he City Manager a schedule of J~ees
or rates to be charged for the care and maintenance o::
privately owned ;animal:~.
·· 6, · He shall be ·resp•>nsibl·~ for the destruction of animal:; in
accordance with 1:he or<anances of the City.
7. He shall perform such other duties as may b·e required of
him by the City Hanage1· •. (4!1277, 7-1-50)
SEC. 2.214 DEPARTM:grr OF .PUBLIC WORKS AND ENGINEERING
This department shall b~~ under the direction of a City
Engineer and Superintendent of Public Works who t::hall be account
able· to the City Managt~r. H:. s duties shall be as; f~l'lows:
L He will .formulate and rt:.comm.end to the City Manager policies
and procedures for the flanning~ design, construction,
maintenance, repai.r, anc improvement of all public works
and places owned or ope1ated by the City, except as other
wise provided in t:his cc:de; shall administer such policies
and procedures wht:n appz·1)ved by the City Manager and shall
conduct such activities for the City.
2. He shall provide such te<:hnical services to other dep~.rtments
as the r.t.ty Manager may direct.
3. He shall coordinate the l~ngineering and planning activities
of the utili::ies or.med oe operated by the City on matters
of mutual concern betwee~l t.he several utilities and the
Department of Public Wor~~ and Engineering.
· 4. He· shall proceed a.s dire ::ted by law on all matters ret.;luiring
his o.fficial actio:::\.
5. He shall :inspect a.ll c:on:;truction work done by or for the
City and require c~;,mpliance with all contracts made in
connection therewith. He shall have subject to his at•proval
all progress payments of constl.-ucti.on wo~k done for the City~
and file notice of complc.~tion thereof with the Cou.'"'lty
Recorde.r and the City Coutroller.
6. He shall act as Superint•::ndent of Streets in all matt~~rs
required of t:hat pc,sitio!·.
7. He sh.&.ll prepare. or causE to be prepared all official maps
of the City and shc~ll ket p and maintain such I'ecords .as
are necessary for t:he fulfillment of his :function.
8. He shall act in an advisc1::y capacity to the Planning Com
miss-ion on matters of an 1mgineering nature affecting the
City.
7.26
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Sec:. 2.214
Contd •
. 9. He shall administer the wend .abatem.ent activities fl>r the
City ..
10. He shall be responsible fo: · the collectio:t'l of refu:se and
·. garbage in the Cit:"l·
11. He shall be responsible fo. ~ maintaining all markings for
traffic control painted or placed upon the streets or
cu:rbs. ·
12. :He shall be respor.sible fo: the function of traffic engin
·eering for the City.
13. . Re shall operate such equi :~ment as is necessary fc·r the
'fulfullment of his f~~nctio 'L.
14.·. He shall recommend to the :ity Manager a schedule of fees
and rates to be charged fo:: services performed by his
department.
15. H.e shall perform such other duties a.s m.~y be requtred of
him by the City Manager. (lf:l277, 7-1-50; 4fol526~ 2··23-54)
SEC. 2.214.1 DIVISION OF BUIL liNG INSPECTION
Thi.s division shall be under the supervision of a Building
Official who shall be accountable to the City Engineer.. His
duties shall be as follaw·s:
l. He shall enforce all laws of the State of California and
ordinances of the Ci.ty of 'Palo Alto regulati.ng building,
·.housing. zoning, fil:e zon~ , plumbing, heating and electrical
and appliance insts.l.latiot .s.
2. He shall advise and assist. the City Engineer in formulating
proposals, policies :• and y~rocedures pertaining to building,
plumbing, heating, ·~lectr:.cal, and appliance codeB, that
portion of the zonin.g·law relative to the use and occupancy
of property.
3. He shall issue permlts in conform;.t:y with the cod•~s .and laws
applicable to building in,pection.
4.
5.
He shall provide the Offi ::e of the Assessor with c!opies of
all building permits, dem:>lition permits, and such other
recnrds of changes which ..rould affect the assessed valuations
of buildings and improvements.
He shall deposit with the City Treasurer ,,.ithin three (3)
days such funds as may be collect.ed in the operation of his
department and at no time retain more than One Hundred
Dollars ($100.00) in his possession.
7.27
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6.
Sec. 2.214.1
Contd.
He shall perform s·uch ot 1er ch1ties as may be requi:red of
him by the City Engineer. (1fl277, 7-1-50; 4J:l526, 2-23-54)
SEC. 2.215 DEPARTME!T OF GAS-WATER-S~~RS
This department shall bE \.mder the direction of a Chief
.Engineer for Gas-Water-Sewer:: "'1ho shall be accountable ·:o the
City Manager. His duties sh!ll be as follows:
L He will formulate and rf:commend to the City 'Manager policies
and procedures pertainix.g to the. management, opera:!: ion,
design, development\ cot:str~ction, repair m.aintenaJlce,
improvement, and E~xtens:.on--of the gas~ water, and :sewer
utilities ~-ned o~~ operated by the City; shall adm:lnister
such policies and proce(lures when approved 'by the City
Manage.r and shall condu·~t such activities for the City.
2. He shall advise a1.1d ass ~st the City Manager in fonnulating
proposals .and rec•::~mmend.:ttioos to the City Council •)n the
rat~ schedules to be us ~d in the sale of utility s.arvices
coming within his provi1ce.
3. He shall advise end assist the City Manager in the negoti
ation of contracts for the purchase of water and g;ts.
4. ·He shall operate such equipment: as is necessary fo:r the ful
fillment of his functicn.
5.
6 ..
'"'! , .
He shall.-keep and. maintain such maps and rel:ords a:) are
necessary for thE: fulfillment of his functi•:>n.
He shall cooperate and coordinate his efforts with the Fire
Department fcrr tbe installation, repair, and mainte:!nances of
a water system adequat• for the needs of the Fire Department.
He shall be resp(msibl<: for the rendering of neces:;ary
service in answe:t~ to ct.stomer inquiries arising out of the
operation of the utilit ies under his contr"'l·
8. He shall perform such other duci~s as may be requb:·ed o£:
him by the. City Hanage:~. UF1277, 7-l-50; 411526, 2-23-54).
SEC. 2.216 DEPART11ENT o:c LIGHT AND POWER --,_
This dep~rtment ::)hall ::,e .under the directic'n of a Chief
Engineer ·for Light and Powe: who shall be accountable to the City
Manager.. His duties ;shall )e as follows:
1. · He will formulate and recommend to the City Manage1: policiE>..s
and procedures pertain 1Lng to the management, operation,
.design, development, construction~ repair D:lainten.mlce,
improvemen.t., and extension of the electric.n~l light and
power utilities owned or operated by the City ..
7.28
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\ ....... · { ~ '·,,/E~C. 2. 216
Contd.
2. He shall advise and assist the Ci·ey Manager in fornulating
proposals and recomme:1dations to the City Council ~)n the
rate schedules to. be 1.1sed in the sale of utility S;!rvices
coming within his province.
3.
4.
:5.
6.
7.
8.
9.
He shall advise and assist the City Manag4er in the nego
tiation of contracts for the purchase of elect't'ical energy.
He shall operate sucl: equipoent as is necessary fo:r the
fulfillment of his ftnction.
He shall keep ::;nd ma.j ntain such maps a:nd records a:; are
necessary for the fulfillment of his function.
He shall install and maintain as directed the elec::rical
traffic cont.roi devices of the City.
He shall maintain anc. operate as directed the stre,:!t light
ing S)?stem of the Ci1 y.
lie shall be re:;ponsible for the rendering of neces:;ary
service in ans'!~er to customer inquiries .arisi.ng 0\11: of the
operation of the uti:.ities under his control.
He shall perfo:rm such other duties as may be req,ui:::-ed of
him. by . the City Mana: ~er.
. (#1~77, 7-1-50; #1526, 2-23-54)
SEC. 2.217 .")EPA:R.TMENT OF RECREATI0N
This department shalL be under the direction of a !)uperin
tendent of Recreation who shall be accountable to the C:lty
Manager• His duties shalt be as follows:
1. He will formulate an:i recommend to the City Manage:r policies
and procedures :i.n co :mection with the managem-~nt, <'peration,
and control of municipal playgrounds, swilmning pools, com
munity centers, camps, theaters, gymnasiums, museUJns, and
athletic iields, and activities connected therewith; shall
administer such policies ana procedures when appro'ired by
the Ci'ty Manager anc shall conduct such .activities for the
City.
2. He shall recornmend to the City Manager, as directed, a
schedule of f€!es an< rates to be charged for. the s1ervices
of his department.
3.
4.
He shall depo~:it ·with the City Treasurerwith:i .. n thr·ee (3)
days such funds as ttay be collected in the operati·~n of his·
department and at no t:ime retain more than One Hundred
Dollars ($100 .. 00) iu. his possession.
He shall perf;:>:rm su,~h other duties as may be required by
the City Manager. (#1277, 7-1-50)
7.29
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\ ) 2 218 . ·· Sec. . .
. SEC. 2.218 DEPAR!MEN r OF THE LIBRARY
This department shall be under the direction of a City
Li.brarian who shall be a::countable to the Cit:y Manager. His
duties shall be as follolls:
He will form1Jlate aad recommend to the City Manager policies
and .:.procedures in c unnection with the management, operation,
and :control cf all public libraries owned and operated by
the City of Palo Alto, and activities c<>nnected therewith;
shall administer s~ch ~olicies and procedures when approved
by the City Manager and shall conduct such actj.vities for
the City.
2. He shall supiE:rv:tse the purchase of all book..S and ]periodicals
used in the J:iublic libraries.
3. He shall depc~sit with the City Treasurer within thtee (3)
days such futlds as may be collected in the operatjLc·n of his
department ar.:d at r o time retain more than One Hund.red
Dollars ($lOCI. 00) 1 n his possession.
4. He sh~ll recommend to the City Manager, as directec:, a
· sc.&edule of fees ar d rates to be charged for the sE:rvices
of his det~art:ment.
5. He shall perform st.c:h other duties as may be required of
him by. the C:i.ty Mar: .ager. U/1277, 7-1-50)
SEC. 2.220 QID?ARTMEUT OF CITY PLANNING
This departl.lu!nt shall be under the direction of a Planning
\. . Offi-c:eX" who shall be acc~ot.mtable to the City Manager. His duties
shall be .as foll~qs:
L He shall mak•a such studies and reports as may be required
-by t:he • City Hana.ge·-:.
2. He shall .rec>:>mmend proposals and procedures to the City
Manager pert.:s.ining to land use and development, use and
development ,,f pub de properties and special zon:tng matters,
and shall co•:>pera.t·~ with the Building Official and Fire
Chief in :oo:t'dinat ~ng fire zones and land use zones.
3. He shall-adv:lse th~ public on matters relating to planning
procedures a:s outl ~ned by law and he shall receive and
transmit to :the p:r·>per authority req~:tests of the public
w.hich are wi:r.:hin tlte prov:i.nce of the City Planning Department.
· 4. He shall C001?erate and coordinate the work of his department
with, and gi'lre tec>mical assistance to, the Planning Com
mission .. ,
5. ·' P.e 'Shall mab1tain ;uch tna:ps .and records as may be n.e:cessa.ry
7.30
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7.
l···· ..
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Sec. 2.220
C<>ntd.
for the fuJ.fillm«:nt of hi~J functions.
·.He shall e(:t as •;oning administrator in all matters
·t·.equired oJ: that position.
He shall pi?:Tform such other duties as may be requi1red by
the City MJmager
(#1277, 7-1-50; #1526, 2-23-54)
SEC. 2.221 !)FFICE OF !!iE CITY TRF.ASURER
This offic·e shall be under the direction of a City Treas
urer who shall be acc.,untable to the City Manager. His duties
sh.slll be as follows~
He shall receive and safely keep all monies and securities
belongi11g to the City anci. shall deposit all or such portion
of the public rue J.ies fn any bank within the State 1'Jf
California authorized by law to receive deposits o:f public
manies, said deposits to be made in accordance with the
provisions of tbelaws of the State anrl ordinances of the
City.
2o He shall have a'l.lthority to invest or reinvest City funds
and to sell or exchange securities so purchased in accor
dance wi.tb law, and shall make a monthly report of such
transB:cti<ms to the City Manager.
2.5 He shall have at.thorit.y to destroy in a manner ?rovided by
law any paid or cancelled bonds of the City or coupons
thereof, ~md to delegate said authority to any duly
appointed fisca.:. agent of the City.
3. He shall pay public moni.es only upon. warrants drawn by the
City Contl:.oll~r for claims which have been allowed by the
Council o~c are : .. rt accordance with the ordinances of the
City. .
4. He shall :render to t~le City Controller a daily deposit
report and to t'le City Contxoller and_ City Manager a. monthly
report as to th ~ status of all moni\!S, securi .... ies, accounts
receivable md ~ollections thereof j:or which he is respon-
. sible.
5. He shall collect and receive all monies due the City, except
as ot:hex-wise. pYovided in this ordinance, in accordance with
State la~·, ox·dinances of the City~ and rules and r~::gulations
governing; the ( stablishment of cred:Lt an-=' collection of
accounts.
6 ... · He. shall recoizm;end to the City Manager rules and regulacions
governing the istablishment of credit, the collection of
accounts recei ·ra.ble and the deposit and security of all
monies in all <.epartments of the City, and he shall administer
such rult~s and regulations as av:ty be adopted.
7.31
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Sec~ 221
Contd.
7. He shall co:1.duct tax sales in accordance with State law
·and shall act. as·redemption. officer for the City.
8. · He s~.all receive and approve all applications for utility
sen-ices 8l'l d order t:he establishment or discontinuance of
servi.c-es ir accordauce with rules and regulations esta
blished fot that purj>ose.
9. · He s:b.all bE responsible for the proper t:eading of all meters
used in cor nection with the sale or rent:a.l of ut.ility ser
vic~; ..
10. He shall C(·llect from a.nd ::na.int:.ain all p•arking meters owned
or operate<~ by the City.
11~ He shall k•:ep and maintain appropriate files and records
for 1:he accomplishment of his function.
12. He shall a·~t as City Tax Collector in all matters required
ofthat po::ition by law.
13.. He shall p !rfcrm such other duties as may be required by
the ~clty Z..1.mager and by law.
(#ll77, 7-l-50; #2031, 6-26-61; #2066, 1-22-62)
SEC. 2.250 _)OARDS AND COMMISSIONS (#1277, 7 .. 1-SO)
SEC. 2.250.1 vACANCIES
Any vacanc 'f occurring in the membership of any board or
commission shall be filled for the ret.."Dainder of the unexpired
term in the man:ler providing for the original appointment.
({fl277' 7-1-50)
SEC. 2.250.2 ltf:MOVAL
Tne appoi.n.ting authority may remove any mern1ber with the
approval of the Council. (/Fl277) 7-1-50)
SEC. 2.250.3
All members of boards and commissions shall serve withou~
compensation as members thereof. (1fl277, 7-1-50)
SEC. 2.250.4. CHAIRMEN
Eaeh board and commission shall elect a chairman and such
other officers as it may reQuire on the first meeting in July
of each year. (1!1277, 7-1-50; 4!1526, 2-23-54} .
7.32
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Sec. 2.250.5
SEC. 2 .. 2.50 .. 5 ~-QITICIO NEMBER.')
. Ex o£fic1o mem )ttr.s provided ior by the Cluu:ter or ordinances
of the City s]~all n >t be entitled to vote on matters before their
respective b1:>&rds .md commissions. (11277, 7~·1-50)
SEC. 2 .. 251
SEC. 2.25L l
P~fiNG Cct>1MISSION (111277, 7-1-50)
MEHB.c RSHIP
There is hereby created a Planning CommissiLon composed l')f
seven (7) members wh? shall be appointed by the Mayor with the
approval of t:be Coun.:il, as follOW's:
L Seven·: (7). membe::s who are not Councilmen, officers, or
employees of th1~ City. (#1277~ 7-1-50)
SEC·. 2. 251.2 TERM ( F OFFICE --
Of the members flrst appointed by the 'Mayo1r, two (2) members
shall be appointed for a term of two (.2) .ve.ars; two (;2) members
for .a term of tb.ree ( \) years; and. three :~3) metnbers :for a term
·of. four ~4) yea:::-s. S•:r ··equem: appointments· shall be :for a
term of four (4) year~ or until thei.r successors are appointed.
(#1277, 7-1-50)
SEC. 2.251.3 ~l1TIES
(a) The Planning Comm Lssion shall have the prirD.ary duty to
prepare, adt;)pt a.n·l recommend to the City Council for their
adoption, a long-·:9.nge) comprehensive gEmeJcal plan to guide
the future physic~ 1 development of Palo Alto and of any
land outsidE~ it:s 't oundaries which in thE~ C<:mmlission 1 s judg
ment bears t:elaticn to its planning. Such plan may contain
basic recomruendati ::ms as to the distrib·c.:ttion of land use
areas within the CLt:y, each logically and properly related
to each othe:r: staadards for population dist:ri.bution and
density, and st.and~irds and recommendations for circulation
routes as between the various land use areas and thr<>ugh
·and around tr.:e Cit). In addition to the above, the general
plan may contain other elements including a recl:.-eati··m plan,
a transportation p1.an, a community r.lesiYl plan, a housing·
plar~ and such addit iona.l plans which in th1~ COI:'IU:ilission' s
judgment relate -eo ::he physical dev~:!.opmen:t: of ::he City.
(b)
The comprehensiv(' general plan may com.prfs,e any:, all, or
any combination o·f. theEre plans.
The provisions of Articles 7 and 8 ,· Chapter 3 of Title 7
of the Govern:ncnt C:>de of the State of C.aliforn:La, as enacted
.in 1953, a$. a::ne.nded through 1959, and en:l:itled 19 Loca.l Plan
ning", are he·reby e cpressly adopted as part of this Code.
7.33
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·.~./Sec. 2.251.3
Conte!.
The Planning Co:mnissi )U shall annually review the General
Plan and recomm..eud to the City Council such extensions,
changes or addi:c.:ions :o the Plan as the Coo:mission may
consider necess;1cy in the view of any change in conditions.
lb:e General. Plan shaL. be the guide for the~ Capital Improve
ment E'rogra.tn inHofar clS said capital lmpro:Fvement Program
affects the phy~1ic.al i :eve.lopment of the ci.t:y. The Planning
C~ission shall subml t an annual report tc' the Council
re~_arding the ~lpital Improvement Program,, whi·ch shall
rev-iew each pr,:>ject f<r its conformity to the 'ti-aster Plan;
review th.e progz:a.m as a whole in order to suggest any
improvement in E~coriowy or efficiency which might be effected
throt@',h the combfuing c f various projects; and suggest any
needed improvemEnts which do not appear in the program.
All matters affecting the physi.cal develo;pment of the City
shsJ.l be submitted to the Planning Commissi·On for a repo't't
to the City Council as to conformity to the Master Plan .•
. Such report shall be nade t:o the Council ·within thirty (30)
days .a;.fter presentatio :1 of the matter to the Planning Com
mission, provided said time may be extended by the Council.
If said report i.s not ;ubmitted to the Council within
said thirty (30) day p~riod or any extension thereof, the
matter shall be deemed approved by the said Planning Com
mission.
(£) Until such time 11s a Cj mprehensive General l»lan is presented
to the City Council and approved by the Cour~cil pursuant to
the procedures o1E Arti1:le 8, Chapter 3, Title 7 of the
Government Code, .no industrial or manufacturing zoning or
rezoning for industria:. or mancfactur:i.ng us-es not embraced
'\l."i.thin the 1955 Interitt General Plan shall be enacted or
permitted .
(g) Tne Commission shall h.tve such other duties as may be
prescribed by th·~ C\rdinatlces of the City or resolutions and
motions of the: Council
: (ARTICLE 7 and 8, CHAl>TER 3 OF TITLE 7 OF THE GOVERNMENT CODE OF
THE_ STATE OF CALIFORNIA, AS AMENDED THROUGH 1959)
ARTICLE 7 AuniORl'l'Y FOF AND SCOPE OF MASTER OR GENERAL PLANS
1fteaiH11:g am~tled by Stats. I935~ "c'fi. T6445
65460. F..ach Commission or planning department shall prepare
and the commission shall adept a comprehensive, long-term general
plan for the physical develo~ent of the city, county, area, or
region, and of &lY land out.s lde its bo'l.mdaries which in the
commissioriis judgment bears r:elation to its planning. The plan
may be referred to as the rr.a ster or general plan ana shall be
officially certified as the m. tster or general plan upon it&
.adoption b~ the plann:lng conmission and the legislati.ve body.
7.34
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Sec. 2. 251.3
Contd.
65461" The: master or g~!rler.al plan shall be S() prepared that
all or portions of i.t. m.a.y be adc pted by the. legislative body as
a basis fC:Ir t:he-developmex::t of the city, county, area., or region.
(.AmenctE~d by ~tats. 1955, Ch. 1644)
65462. The master or gE.neral plan shall con:sist of a map and
a. statement describi.ng it and a statement cove:d.ng objectives,.
principles, .and.standards used to develop it; and shall include
all of the following elements:
(a) A land use element whi ::h designates the proposed
general distribution and ge1eral location and extent of
the uses of the land for ho ,\sing, business, industry,
recreation~ education, publlc buildings and grounds, and
other categories o-f P'llblic 1nd private uses of land.
(b) A c:ircula:ti.on element :onsisting of the general
location and extent of exis:ing a.nd proposed ma}or
thoroughfares, transp•,rtati m routes, terminals, and
other local public utility .. md facilities, all correlated
with the land use elenent o: the plan.
(c) A statement of the staadards of population density
_and building intensity rec011!llended for the various
districts and other t1arrito::~ial units, and estimates
of f1.2ture population growth in the territot-y covered
by the plan~ all corr~~lated with -the land use element
of the plan.
(6) Supporting maps, diagn.ms, charts, descript:lve
material and reports.
.. {JUD.ende(. by Stats. 1955, Ch. 1644)
6541;3. A master or gC;:nera.l plut may include a cons,ervation
element of the plan· for th~~ const !rvatiol'l, development, and
utilization of natural resources: including water and its
hydraulic force, forests, ~;oils, rivers and other waters, harbors,
fisheries, wild life, mine:;~als, J .nd other natural resc>urces.
The conservation element of the 1lan may also cove·r;
(a)
(b)
(c)
(d)
(e)
(f)
The reclamation ()£ la.ru. and waters.
Flood Control
Prevention and control of the pollution of :stre&r.s
and other waters.
Regulation of tht~ use '.f land in stream channels
and other are.t::~s requirt!d for the accomplishment o-f
the conservation plan.
Prevention, contro.:) at .d correction of the erosion
of soils, beaches, anc shores.
Protection of wat:ershet~s.
(Amendec by Stats. 1955, Ch. 1644)
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65464. {Repealed by Stats. 1955, Ch. 16·~)
Sec~2.251.3
Contd.
65465 A master or general plan may includ•e a recreation elEment
of the plan, showing a comprEhensive system o:f areas and public
sites for recreation, includf~g the following and, when practicable,
their locations and prc,posed dev~lopment:
(a) Natural resetvatior.s.
(b) Parks~
(c) Parkways.
(d) Beaches.
.(e) Playgrounds.
(f) Other recreation anms.
(J.mended by Stats. 1955, Ch. 1644)
65466. 'nle Circ.ulation el~~ment of the :mt~.ster o·r general plan
as set forth in suadivtsion 1b) of Section 65462 may also include
studies and re_cOI!'JrJ.\endations concerning parking facilities and
building setback ·lines and the delineations of such systems on
the land; a system of Ntre1!t naming, house and building numbering;
and such other .matt:ers as m.a.''' be related to the i:mprovement of
circulation of traff:tc. (Amei td.ed by Stats. 1955, Ch. 1644)
65467. A. master or genera" plan may include a transportation
·<element of the plan, showing a comprehensive transportation
· system, including loca:::ions .. )f rig..ltts of way, terminals, viaducts,
and grade sep.arations. This element of the plan may also include
port, harbor, aviation, and :·elated facilities. (Amended by
Stats~ 1955, Ch. 1644)
65468. A mast,er or generaL plan may include a transit elP!D.ent
of the plan, showing a propo :~ed system of tran::;it lines, including
rapid tx·a.nsit, streetcar, mo::or coach and trolley coach lines, and
related facilities. ·(A:nended by Stats. 1955, Ch. 1644)
65469. A master or general. plan may include a public services
and facilities element of the plan, showing general plans for
sewerage, rf!fuse disposals, :irainage, and local utilities, and
rights of way, easements, .an:i facilities for then.
(Ame:tded by Stats. 1955, Ch. 1644).
65470. A master or general plan may include a. public buildings
·element of the pla.n 7 showing locations and .arrangements of civic
and communi.qcenters, public schoolz, libraries:, police and fire
stations, and all other public build:f.n.gs » ir..,cl'ud1.ng their
architecture and the landsca:?e treatment of the.b~ grounds.
(Am.ended by Stats. 1955 ,, Cb. 1644.)
7.36
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Sec. 2.251.3
Contd.
65471.. A master or genera:. plan may include a community
~esign element of the ~>lan, ~:onsisting o.f standardls and principles
governing the subdivis:lon of land within the scop.et of the Sub
di.vision Map Act, Chap;ter 2 (>f Part 2 of Division 4 of the Busi-
·. ness and Professions c~:xie, and showing recommended designs for
community and .neighborhood d.~velopment and redevelopment, including
sites. for schools, ps.:t:'ks, p Layg1:ou.nds and other u.ses.
· (A. !leuded by Stats. 1955i, Ch. 1644.)
654 72. A master or generaL plan may include a housing element
of the plan., consisting of. a sur.vey and reports upon housing coudi
tions and needs::o standards a.::.d plans for the elimi:nation of sub
standard dwelling conditions, the improvement of housing and for
provision of adequate sites for. housing.
(Anended by Stats. 1955, Ch. 1644.)
6547J. A master or generaL plan may include a r·edevelopment
element of the plan comprising surveys, plans, procedure, and
reports for -che elimin.a.tion of slums and blighted areas and for
community redevelopment, including housing sites, lbusiness and
industrial sites, public building sites, and for o·ther purposes
authorized by law. (Amended by Stats. 1955, Ch. 16444.)
65474. As a part of the n.aster or general plan ;t:he c01m1ission
may prepare,. receive and ad< pt additional elemen·r:s and studies
dealing wit:h other subjects which in its judgment relate to thP.
physical development of the city, county, area, or region.
(Amer,ded by Stats. 1955, Ch. 1644.)
65475. During the Eormul<,tion of a master or general plan,
the planning cOCimissions shall inform. and, to such an extent as
may be. neces:saey, con:Eer and cooperate .with such school boards,
departments, or agenci~e:s as may have jurisdiction over the terri
tory or facilities foJ: which plans are being made, to the end
thS;t maximum coordin.a1:ion o.: plans may be secured and properly
located sites for all publit; purposes may be indicated on the
master or general plan. (Am·~nded by Stats. 1955, Ch. 1644.)
65476. 'Whenever a •::ity p .anning commission ha:s <ii.dopted a
master or gene.ral plall or a·w major section or unit covering any
land outside the boundaries of the city, which i.n the judgment
of the commi.ssion bea:rs rel ~tion to its planning, such plan,
section or unit shall be ce ::tified to the planning commission
of every county or city, th:'! land of whi.ch is included in said
plan. (Amended by Stats. 1955. Ch. 1644).
·. 65477 ~ Whenever a county planning c:ormnission hae; adopted a
master or general plan or a:1.y major section or unit: covering any
land adjoining or within a city such plan, section or unit shall
. be certified to the planning commission of such city or cities.
· (t\mended by Stats. 1955, Ch. 1644}
7.37
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se.c. 2.251.3
Contd.
PROCEDURE I OR ADOPTION OF !-'.ASTER OR 1GENERAL PLAN.
(Head:ing an ended by Stats. 1955) Ch. 1644)
6.5500. ':rbe planni.ng coo mission or the planning d,ep.!lrtment may
prepare and the .::om:odasior may adopt all or any par1t of the master
or general plan or !m.y sul j ect of it for all or any part of the
city, county. area, or re~;ion. Master or general rt!gional plans
shall be coordinated with similar plans of ad}oining regions, and
area, county, &"ld d~ty ma~ ter or general plans shall be coord!uated
so as to fit properly into the master or general plu.n for the
region. (Amended by Sta.ts 1955, Ch. 1644.)
65501.. Before adopting all or ,.?art of the master or general
plan the commission shall hold at least two public hearings. Before
adopting ·any amendm,ent to the master or general platl the commission
shall hold at least one p11.blic: hearing. (Amended by Stats. 1955J
Ch. 1644)
65502. Not:i.ce .of the t .me and place of the hearitlg shall be
given by publicatio~:>. purs· umt to S@.etion 6061 in the city, county
or i.n each city or ·::ounty in an area., at least 10 dn.ys before the
hea~ing. (Amended by Stat;. 1957 11 Ch. 357).
6551)3. · The. adopt ion of the master or general plan, or of any
amendmen.t, extensio:n, or :~.ddition to it, shall be by resolution
of the commission carried by the. affirmative votes c.1f not less
than a majority of its to:al voting members.
. (Ammded by Stats. 1959, Ch. 745.)
65504. The resohltion 3hall refer expressly to the maps and
descriptive and other.mat:er intended by the c:ommissi.on to consti
tute the plan or amendmeni:JI addition, or exter.tsion of it. The
action shall be recorded :::>n the map and plan s:nd descriptive
matter by the identifying signatures of the chairman of the com
mission, and of such other officials as the CCIImn.lssicm may
designate.
65505. When changed co:tditions or further s:tudies by the com
mission require, the commf.ssion may amend, ext:end, Ol~ add to all
or part of the master or general plan in the manner provided in
t:his article for its e.doption. (Amended by Steiits. 1955, Ch. 1644.)
65506. A copy of any part, amendment, extension of, or addition
to t:he master or gfneral plan adopted by a cotmty or city planning
c~S:sion shall bE: certified to the legislative body of the city
or county. (Amended. by Stats. 1955, Ch. 1644.)
65507. A copy of .. an.y part, amendment, extension \>f, or addition
to, the. master or general p·lan adopted by an area o:::-regional plan
~ing commission sha.ll be certified to each county and city planning
commission and to the leiisla.tive bodies ·Of each county and city
within the ax:ea or regior. . (Amended by Sta.ts. ·1955, Ch.. .164/+.)
7.38
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Sec. 2': 251.3
Contd.
65508. The adoption o E the master or general plan, or any
ame:>.dm.ent, .~-extension or 1ddition to it, _as certifited by a regional~
an area, a county or cit r planning commission shall be by reso
lution of the legislativa body or bodies affected.
· ·. (A nended by Sts.ts. 1955, C.'h. 1644)
65509. Before adopting all or any part of,. or amendment or ad-
dition to.,.a ::naster or ~e:>.eral plan, the county or city legis
lative bOdy shall hold at least one public hearing. Notice of
the· time and place of tb e hearing shall be publi~~ed pursuant
to Section 6061 in the c i.ty or county at lea!.;t 10 days before
the hearing. (Amen.de.d by Stats. 1957, Ch. 357.)
65510. In adopting all or any part of, or amendm,ent or addi-
tion to, a master or get: eral plan adopted by the pl.anning c.om
mission, the legislative: body shall not make any change or
addition until the: propcsed change or additi1:m has been referred
to the plann·ing ccm:nissi on for a report and a copy ,~f the report
has been filed with the legisl~ltive body. Failure ·~f the pianning
commission .to repctrt within 40 days after the refer·ence or S\J_Ch
longer period as may be designated by the le;gL:;lative body,
shall be de.emerl t~:J be at proval of the proposed change .or addition.
· (lmended by Stats. 195.5, Ch. 1644)
65511. When it deems it to be for the public interest, the
legislative body PlaY cho..nge or add to all or part· of an adopted
master or general plan. (Amend~~d by Stats. 1955, Ch. 1644)
· 65512. The leglLslati~re body shall first refer the proposed
change or addition. to the planning contmission for e report.
:Before making a r•;:port, the planning comm.iss.ion shall hold at
least. otte hearing on th•l proposed change or addition. It sha!l
give notice of any· such hearing, pursuant to the procedure p:'l';'e
scribed by this a1~ticle for the adoption of the master or ge.··.:;:,.ral
plan or any part, amend:nent, or addition by the planning cOUIL>ission.
(Amended by Stats. 1955, Ch. 1644.)
65513. F'ailure of th~ planning commission to report to the
legislative body (.tn a p··~oposed change or addition within 90 days
after tb.e referen•::e or :uch longer period as may be desi~ated
by the legislativ1e body, shall be deemed to be approval of. the
proposed change o1· addi :ion by the planning commi.ssion.
65514. After title rec,~tpt of such report, the legislative body
shall hold at lea:st one public hearing on the proposed change or
addition. Notice of th·a time and place of the hes:.ring shall be
published pursuant to s.~ction 6061 in the ci.ty or county at least
10 days before the heartng. (Amended by Stats. 1957, Ch. 357.)
65515. 'Ihe master or general plan or any part, amendment, or
:.addition sha;).l be endorsed to show that it hes be,en adopted by
the legislative body. (,Vc!ended by Sts.ts. 1955, Ch~ 1644.)
7.39
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Con~d.
65516. Any master ('r general plan of a _county~ o:C" of any
J:netropolitan ·'or urban .. area of ,g county shall be certified to all
city planning commissj.ons and said plan or any port:Lon thereof
1n.ay: be adopted ns a pH:Ct of the city master or gene:~:al plan.
· (l~IDended by Stats. 1955, Ch. 16~14.)
(Adopted by Ordin.ancn #2090 7-23-62, pursuant to W:t"it of Mandate
:i.n Fletch.er v. J?o·rter 20.3 CA2d) .
SEC. 2.252 l~!Lf.Q.MPENSAT!ON REE_EREE§. Ufl277, 7-1-50)
SEC. 2. 25 2 • 1 J~UIID FOR WORKMEN I s COMPENSATION
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The City shall c;trry a special insurance fund to compensate
claims for injT.t:ry; si·:J.mess, disability or death of its officers
and employees, .a.risin ~ out of an<!. during the course of their
employment. Ea•:h :':iS•!al year there shall be added to the fund
·R-uch sums as ·the Coun·~il may from time to time deem necessary.
nH~· ftJnd shall b~ depos~ted with the T-reasurer and dis
bu,rsed as herein prov Ld;ed by: wan: ants drawn by t:he Controller. . . (11277, 7-1-50)
. SEC. 2.252.2 ;~!EMBER~
'Th.e Board. of Com)en.sation Referees shall c•;,n.sLst of the
City Manager, the Cit,r Controller, and one de:pa:t"tme:-n.t head
selectEd by the City M1nager who shall be appoin1::ed for a term
of one year. The Cit 1J Manager shall be Chairman of the Board.
The City Atton1.ey shall ~e present at all meeti1:1gs .:md advise
the Board. (4/1277, 7 -1-50)
SEC. 2.252.3 .FILINGS]:AI~
All employees and officers of the City who bel::Leve that
they have sustained c::>:mpensable injury arising out •>f and in the
course of·. cheir employment by this C.it:y may file a c:laim for
c•ompensation; and the legal representatives of .:~.ny c.~loyee or
officer of the City w:1ose death it is believed has resulted
f:rom sickness or injury arising out of and in the course of
.. enployment by the City may file a claim for compensation. The
· g•eneral law of the St a.te in regard to such comptensat~ion is
e:ttpressly made applicable to all proceedings under this Code
rc::.lating to such compensation except as hereir4 !nodi:Eied.
-. . (#1277, 7-1-50)
Sl~C. 2 .• 252.4 REQ_UIR~NTS OF CLAD1S
Claims shall be filed with the City Clerk, subject to the
time limits as p,rescribed by State la.w, and th~ fil:Lng of said
claim shall be 'notice to ~loyer" as provided in t:he State
Statutes relating to .-1o.;:l<men s compensation. Report of injury
shall be made i:!mlledia te)~y, signed by the employee's immedi.ate
supervisor, .and inclu:ie names and witnes&es whenever possible.
. (#1940, 5-9-60)
7 .. 40
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Sec. 2.252.5
SEC. 2.252.5 ~:OTICE TO THE B~
When any claim is filed and appears to be in due form and
complete, the City Attorney shall notify the Chai.r.nan of the
Board. (4Fl277, 7-1-5 0)
SEC~ 2.252.6 ACTION BY THE BOARD _.,____
Upon notice of the filing of any cldim the Chairman shall
convene the Board at t 1e ear lies:t pra<:t icab:le tinte, giving
reasonable notice to claimant, a,nd requiring him to present all
evidence on his behalf at that time., Such evidence may be
affidavits, where the 3.oard considers them sufficient, or personal
testimOn.y.
Provided~ that t.h~ Board may, in its discretion, dispense
with affidavits •:>r per ~onal testimony of licensed physicians or
su.rgeons in SUPP''~t of their bills for services, or their state
m.e.nt.s of the con.dition of .:!my injured or disabled employee,
where. the Board t:onsid• :rs the bills or statement:S> Sllffi.cient and
authentic; a.ffidavits ur personal testimony shall be required,
however, in case~: invo:.v:f.ng total disability o~ dieath.
·. • . . (#1277. 7-l-50)
SEC. ·2. 252. 7 .f!MLR$_! IF -r:HE BQ!.~
':i'he members of th~.: Board shall meet at the C:Lty Hall at the
call of the Chaix:m.an; ~hall receive evidence; may subpoena witnesses
if advisable.; sluill afford the: claimant the utmos1: co'"l.sideration
compatible with t:he enc:s of justice; snd, upon th«~ conclusion of
the evidence, sh.c:ll mail¢ fin.dings of fact and findings as to
liability and awa.rd of compe.nsation, if any is duE~~ Two members
of the Board shall co.nstitut:e a quorum. The Board, having con
vened, may adjourn when necessary; but all claims shall be acted
\.tpon within thtrty . (30) days after their submissic1n. The. Board
shall ha.ve the power tc establish forms and proced:ure needed for
the performance of its :iuties. (4ftl277, 7-l-50)
··SEC .• 2.252 •. 8 !IrNESSE.i
All officers an.d e:1ployees of the City shall appear before
the Board .and giv,e test inony when required to do so by the Board.
They shall receiv·~ thei·.:: usual compensation during the period of
such appearance. ·
Any person who faL .. s to appear before the Boe:rd in response
to a summons personallv served on him shall be gujLlty of a mis
demeauor.
When, in the disc:r~ t.ion of a majority of said :Soard. it ap-
pears that expert testin ony is necessary for the s~~ttlement of
claims, the Board may st.mmon e:;q:·erts, such as phys1~ciar.s and
surgeons, to give expert testimony; and the cost ~o;f such ser
vices, ovez:~-an.d above d:ewitness fAes allowed by law, shall be
7.41
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payable fr6m the City com.>ensation .fund.
():3ec. 2.252.8
Contd.
Any witness or witne ;ses summoned. to give testbnony as
he·rein provided shall. be .mtitled to receive the wit:o.ess fees
and mileage allowed by la1.r in civil suits; and the same shall
be a charge against the C:.ty compensation fund.
. The Controller is he:·eby authorized to draw warrants for
the payment of the 'Hitnes~ fees and mileage herein provided~
upor. receiving a clili.m fo.l such payment signed by tht! Chairman·
of the Board, or twc1 of its m~ers. (411277, 7-1-50)
:;SEC. 2.252.9 EOC.J~!/Y.
The pr()cedure of said Board of Campensation Refe:rees shall
be informe.l~ shall be desi ~ed to give speedy and substan.t:la!.
jus tic:~ i.n the deter:minat:l. :m of claims, and shall be subj et~t to
the general r.lles ap[>lic.ab le to hearings of claims before State
Boards for determination o E thest~ matters. U/:1277, 7-1.-50)
SEC.·· 2. 252.01 AWARD
As soon as . th:! Board :;hall .lt.l.(:ike findings ()f fact and deter
mine on the amo·unt oJ: the uwa.rd, it shall caust~ the same to be
enterad in writ:f.ng on the rainutes of said Board, at'ld n. claim
upon the City shall be·prepared therefor. The Controller, upon
receipt of :·said claim sign.t d by ·the Chairman of the Bc>ard, or
two of its members, is herEby directed to d:raw a warr.s~nt and
celiverthe same, in the st:m. or sums provided, to the successful
claimants, l..tpon; such terms or conditions as arE~ presct•ibed by
the Board~. and shall charge the Si.ml so drawrl to the City compen
sation i.nL~:ura:nce fund. EetC·~ month, the Controller shall report
the number and amount of su.::h awards and the names of claimants
to the Council. This paragraph shall not apply tc1 claims for
death,or total disability.
In all .claims for deat.'l or tc,tal disability, the Board shall
enter its findings of fact md the. amount of award, a.).ld shall
transmit: the same thr.:nlgh t:H! City Attorney to the State Indus
trial Ac::c.ident Commis::don, ·::ogeth(~r with a swom statem.ent of
claimant that he or she wiL. ·accept the sum aw;a.rded in full pay
ment of .·said claim against ;:h1s Ci:ty; and such award shall not
became .final until it has rt.'!Ceive<i: the approval of the State
Commission; and the C' .. ontroU er shall not pay out any S1JJ.D. award'd
in such claims until ~:uch ai:proval has been given, and until
specific directions are givt:n by the Council, by resolution, for
such payment~ (4!1277 ~ 7-1-50)
SEC. 2.252~02 APPEAL
The decision of 'the Boa:cd shall be final whe:re it is shown
that claimant per&onally, o:r by at:torney, appeared befc•re the ·
Board and testimony was take::'l subject, however, to the right'of
a.ppeal to the Industrial Ace tdet'lt Commission, as provided by
State law. (#1277, 7-1-50)
T .42
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~ve-e. 2.252.0.3
SEC. 2.2.52 •. 03 RULES Ff!~ D'E;~~MINING LIAB!L!~~
11le law governing ~md stating liabilitY: de:finitioru; of
terms, m:notmt of ~ompens.ation., limitati.ons at~d procedure:• so far
as is applicable, set fc·rth in &:"ly and a.ll a-::ts 10£ the l~~gislature
of the State of Californ.ia relating to WorkmE:n' s Compensation
shall. control said Board in its operations an.d determinations,
and said laws sha];l govern all applications.
·. · . Whenever liability as imp::>sed by State law may exist: against
the ·city, it shall b~ the duty of the Board cf Compensati.on
Referees to. make the .awards, s·1bj ect to the right of cla.i.mants to
appeal to ·the State :Lndus·trial Ac:ci.dent Commission. .
Tile Board shall be ;govern,~d in all matters of compertsation,
so far as Rpplicable, by the S1:atutes of the State relative tQ
Workmen's Compensation and the decisions of .the Courts there
under; and the rules adopted b!' the State Coo.pensation Insurance
· Bo,!rds or agen~.ies may b~a appl:.ed, wherever s.ppl:Lcable.
t_4Jl277' 7-.L-50)
SEC. 2. 2~ 2. 04 SUBROGATION OF ,_,;l!_€ CI.TI
·,Whenever an employe«~ of tl:e City is inj'Ured by the action ...
able negligence ().f any pt~rson (•r persons whereby the City becomes
; liable for :eanpensation and pa:ys the same, it: shall be the duty
of the City Attorney to bring suit to recover agr.inst said party
or parties to the ext.:m.t: that the City may_ become subrogated;
and any monies received i:n such actions sl:,_.all be paid into the
compensation fund. (~;1277, 7wl-50) ·
SEC. 2. 25.2. 05 AMOUNT OF' AWARD
Upon proof of their claim, claimants shall be entitled to
compensation as follows:
L .. -Accrued sick leave may be applied for the first seven (7)
days of disability, and after the first seven (7) days of
disability emp,loyees shall receive 65% c,f 95% of their base
salary for the duration of the disability, except in the
case o.f the Police a:nd Fir~ services, '&oi"b.ere such employee~ ..
shall: receive full base pa:r for the peri.od of disability
from t;he date of accident; such period shall not: exceed
one (l).year.
2~ In the case of parti.ril dis.lbility ·where the employee returns
•. to workwith the app:roval 1>£ his physic:i.an, the Council may
at its• dis.cretiotl pay the ':mrployee his awarded com.pen~<1tion
and i.n addition pay .1:he employee the difference between such
award and his full normal pay, for a pe1~iod not to exceed
thirty-one (Jl) workllng da~·s. {4!1277, 7~·1-50)
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SEC. 2. 252 .. 06 S'L'PPLIES
The cost of necessary· supplies furnished to the Board for
its use shall be a charge i!~gainst the compensEJtion fund, and
shall be charged against the samE by the Controller.
·· . (f.1:1277 ~ 7··1-SC)
SEC. 2. 252.07 MINUTES AND SECRE'JMl!,
· The minutes of 'the Board of Compen.sa~ion Referees shall be
filed with the City Clerk~ and stall be attested by che Chairman
.and the Secretary of the Bc)ard.
The. Board shall select a se< retary from i.ts number, or in
.lieu thereof» the City Clerk, Ci1y Attorney, or their deputies
·.may, as requ~Efted by the Bol.rd, ! o act. (~fl27'?, 7-1-50)
SEC. 2.252.08 REPORTS ---
The Board shall report to tl:,e Council, ft·om ti:me to time as
required, concerning all ctaims l'assed upon ar:.d the amount of
funds. on hand in the compensatiot': fund. (ffl277, 7-1-50)
SEC. 2.252.09 WAGE SCALE
In computing any and :tll suns due as compensation, the
officer or employee shall be ent: .. tled to compe:nsation figured on
the basis of the pay. received wh•'ln disability or injury occurred,
and computed in the same m;:tnner. Unless otherwise -provided by
St.ate law under the Compensation Acts, S'I.I!IlS du.e or installments
thereof shall be payable at: regu:.ar payroll periods.
. . . (1i12'77, 7-' .-50)
SEC. 2.252.001 Eb"Yl!r~TS t]~ING. FINAL DETERMINATIO~
Whenever it shall apptea.r up·m hearj.ng of a claim, that the
liability of the City is e:stabli.:Jhed, the Board may order part
payments of comp:ensation ::,:;, be m.'1.de to any persons eD.titled
chereto, to be cred).ted to;,;ard a~1y final .awa.rci in the matter;
such partial awards to b~ m.ade i: l an amount not to exceed the
minimum compensation to whlch th :~ Board has determined the
claimant to be entitled. (,F127 7, 7-1-50)
7.44
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sec.· 2.301
DIVISION 3
SEC. 2.301
ADMINISTRATIVE POLICIES AND PROC:EDURES --__ ,_p!'T'""t: .. , • w_.....,_..,._
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3.
4.
The follmiing shall be considered as officers of the City:
City Clerk
City Attorney
City Controller
City Assessor
5 .• Cit~· Manager
6. City Engineer
7. City Treasurer
SEC. 2.302.
(#1277, 7-l-50; #1526, 2-23-54)
~PROVAL OF CITY. MANAGER'S APPOIN'IMEN'!'S
Appointments to the follo'Vt ing positions shall be~ made by
the City Manag'l!r with the apprcval of the Council:
1.
2.
3.
4.
5.
6.
7.
.. 8.:.
9.
10.
Chief of Police
Fire Chief
Poundmaster
for (~s~Watcr,_Sewer~
for Light <: nd Power
of Re:crea.t:i on
City Engineer
Chief Engineer
Chief Engineer
Superintendent
City Librarian
City Treasurer
Planning Officer
SEC. 2.303
(#12:7~ 7-1-50; #1526, 2-23-54)
DUTIES OF OFF!Cl~t§
Each officer shall perfon: all duties .requi1~ed of hi.s office
by State law, the Charter, and ordinances of the City ancl such
duties not in .conflict therewith as may be requi2~e.d eithE!r by·.
the· Council or the Ci.ty NanageJ ··, whichever appoints him .
. (tlrt277, ~··-l-50)
SEC. 2.304 GENERAL Rl~gONS].]ILITIES
'Ttt.e head· of each-dep.artmeat shall be imro.edi.sLtely responsible
to either the Council or the C: .. ty Manager, whichElVer appoints
him, for the effective administration of his respecti,e depart
ments and all activities assigned thereto. In case of vcLc·ancy
in office or during the a.bsenc~! of any department: head,. the
Council or the City Manager ma:• designate an intE!rim acttng head
or the City Manager may, with l.:he app.coval of the. Council, perform
personally the functions of an;r depart·ment head utnder his control·.
All departmeo.t heads shall keep info:rmed as to the lates1: prac
tices in their particula:r fiel1ls-and shall inaug~J~rate wi1:h the
approval of the .Council 1:>r the C.ity Manager, whichever i4; appro
priate, such new praetic,es as ,lppear to be of ben.efit to the
municipal service and to the p· Jblic. (411277, 7-1-50)
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SEC. :2.305 RULES :~ RE ~ti'LATI ONS
The City: Manager may prescribe and enforce such rules and
·regulations as may be deeme :i necessary for th~ crperation and
management ·of all offices a:'l.d departments coming und•ar his
control, and rnay. recormaend !:o the co~.mcil for approv<ll rules
snd regulations for the management: of all offic•es and depart
ments of the Ciiy. The Citr Manager shall con:aunicate to all
parties concerned the conteo.t of such rules and regulations,
and in addition shall file. rith the City Clerk a tru(~ copy~
which is to be kept in a suitable record" This record shall
be available for. the in.spec t:ion of a.ll persons ,~hose operations
are governed thereby. (#1277, 7-1-50)
SEC. 2.306
All department h:ea~ds shall. advise and assist all other
. department heads on mat.ters within their respec·t:ive provinces
and will coordinate t.hE:ir ·.E ctivities and cooperate with each other
on matters of mutual ccmcen,. .. UF1277, 7-1-50)
SEC. 2.307
.. Any department head m~.y delegate to member:s of the depart-
ments or -~i visions <:oming \:.nde:t:' his direction S"..lch dtlties and
responsibilities· as he deet:tS advisable, togethe·r witb proportionate
&utho.rity for their ::ullfi: .. lment, but in no case may he delegate
his overall responsibility or a·ny of his accoun1tabil:l.ty.
Ufl2"'7 7-1-50) • ) -II
SEC. 2.308 PRESEl~Y!\TIOl~ OF RECORDS
Each department h~~ad 1;hall be responsible for· the preser
vation of all recordH unde:~ his jurisdiction and sha.JLl provide
a system of filing and ind·~xing the s: .. lme. No r.ecords, reports,
corraspondence~ or ot:her data relative to the business of any
dep.n:rtment shall be destro:red or removed permanently:, unless
authorized by the Ci1:y Man.1ger. (111277, 7-1-50)
SEC. 2.309 DEP~~_&;.. RECORDS Al'il'D REPOlTS
Reports of the .activi ;ies of each depart.:nent shall be made
. to the City Manager 1,;hen h ~ so desires, and an ;annual written
report shall also be filed with the City :Manage:!:' within thirty
( 30) days after the end of the fiscaL year. Such reports shall
be in proper form and in s.:fficient detai.l to furnish adequate
informatiOn for the proper control of departmental a•:tivities.
(?il277) 7-1-50)
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Sec:. 2.310
SEC. 2.310
For the trans.a.ction of the municipal business of the City,
the following days a.re d~clared to be holidays on which municipal
.business may be su:spendei:
Every Sun ia.:;r,
J a.nua·ry 1.; t·.~
February 22nd,
May 30th,
July 4th,
Labor Day,
September 9th,
November L 1,
Thanksgiving Day,
December 25th,
and every Saturday,
an.d such other days .as ma.y be proclaimed ·holidays by the Mayor.
In the ;avent that any of tne aiore•·o.entioned days, ej(cept
Sunday itself, fall on Sunday, the following Monday shaD. b~
considered a holiday. {111277. 7-1-50; .f/1526, 2-23-54).
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DIVISION 4.
SEC. 2.401
FISCAL PROCEDURES
ltUDG~~ ESTIMArES
~·~. 2..401
The fiscal year <·:f the City shall begi:n on the fit·st day of
July of each ye.n:r. A;.l budget: estimates -shall be compiled in
such detail and. .in such form as is required by the Controller.
The .City Manager shal: .. submit a consolidated budget to the
Council wi.t.h · re,·:on:;mendations 'thereon, at: a date not l~lter than
thesecond regular CoHncil Meeting in June.
·. u~1211 ~ 1-1-so; tJ:l526, 2-23-54)
SEC. 2.402 BUDGET ADOPTim!
After a public h·~aring~ the Council shall ~,.dopt annually a
budget for the •:>perat:.on of the City. This budget shall include
the estimated r•eceipt:) and expenditures of all public funds,
except those wh:tch ar·! trust f,mds, from whatever source they
• are derived.
A notice tha.t a :mblic hearing will be held on the annual
budget shall be publi :;hed at least once in an o:fficisl newspaper
of the City five (5) iays preceding the date of public hearing.
UP1277, 7-1-50)
SEC. 2.403 ,CONTIN :;ENT ACCOUNT
Th~ budget may c :mtain a Contingent Account which shall
read as follows:
. The Contingent Acco~t of the City shall be expended
only on. written autb.oriz&tion of the City :Manager for
items for which rAO provision or insufficient provision
h~s been xn:ade by the appropriations therein contB~ined
il1 the budget. Expenditures f:rOlb. the Contingent Account
shell be :reported monthly in the Ccmtroller' s report
to the Council.
SEC. 2.404
(#1277, 7-1-50; #1526, 2-23-54)
SY~. OF ACCOUNTS
All City accounts shall be kept in the ft:~rm presc:ribed by
. the budget. Uil277, 7-1-50; 4H526, 2-23-54)
· SEC. 2.405 CITY fXPENDITlJRES ---...--
All expenditures made on behalf o! the City, directly or
. through any a.gt.<tt.c:y, t xcept those. required to be made by State
law, must be. mElde in acoeordance with the .authorization contained
. in th~ appropr:Lat.ion ordinances. (411277, 7-1-50; #1526:r 2-23-54)
7.48
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S•~c. 2.406
~UMBERED BIJ..ANCES SHALL BE REFLECTED.
The necessary accounting records shall be m.a:Lntained to reflect
the un.encwribere,d balances of all appropriations. In determining
the unenc~bered balances of appropriations, the estimated
amounts of cowmitmfmts for goods or services ordered but not
paid for shall be talten into consideration. (1!12:77, 7-1-50)
SEC. 2.407 REDISiB1BUTlON OF APPROPRIATIONS •.
·The Controller J.pon written authorization <)f the City Manager
may redistribute bud:geted appropriations within .a department or
division under the c::>ntrol of the City Manager; but, shall not
make transfers o:f ap:~ropr.iations am.ong the cla1;;sifications of
Salaries and Wages, Supplies and Expense~ or Capital Outlay, or
from one departmen.t. to another without the affirmative vote of
at least eight (8) membt'!rs ¢f the Council.
The redistribut :Lon of budge'Ced appropriat::L(:ms for depart
ments not un.der tJ1e ~ontrol of the City MatU1.$e1C shall be made
upon the affirmat:lve vote of at least eight (8) members of the
Council. Uf:l277, 7-1·50)
SEC. 2.408
SEC. 2.408.1
CLAIMS UF1.277, 7-1-50) ---
!E?..!Q IJAL OF CLAIMS
The Control:t•~r shell draw warrants on the City Treasury for
the payment of cli3.itns against the City when such claims have
· been legalli and pro;')erly established, as pr<>v:lded here.in, or
have been approved br an affirmative Vl:>te of a:~ least eight (8)
members of the Council, or the City Atii:orney, <:lS herein provided,
or tY; Bl.)ard of C.ompensa.tion Referees, provided. t:here is suffi
cient money in the City Treasury to pa:.r such warrants ~d suffi
-cient unenc1..1.mbered balance in the appr~opriatiot'l chargeable
therewith. · ·
Claims fer :t:ra:n:sporta:tion expense:s and allowances s·ubmitted
.in connection wi:th traveling on official business shall be
:allowed by the cc,ntroller only when such claimi~ are submitted
. in confo:onity wi:th tbe rules and regulations e:stablished for
, that purpose. .· :~:4tl277, 7-l-50)
. ·, ,, ·.~·
SEC. 2.408~2 E:K&'f!.NATION OF CIAIYiS .---
The Controller shall examine all ;payrolls, bills~ claims
and other demands. against the City and shall issue no warrant
for payment unle:ss the claim is in proper form, correctly com
puted, and approved, is legally due and payablte, an appropriation
has been made therefor which has not bsen exha1.1:;ted, and unless
there is sufficient: :uoney in the City 'Treasury to make payment.
(1,!12.7;7 , 7-l·N5,Q)
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SEC. 2.408.3
'The Contro:~le:r m.!Ly pay claims for which appropriations
have previously betm D1.ade, -when t:he claim was im:urred by
purchase or<.~.er, as hex ein provided~ or .';)y agreemE~nt .approved by
the. City Council, or t.:pon. approval of tlle City Attorney where
t:he claim does o.ot exceed Two Hundred an.d Yifty Dollars ($250.00).
All claims approved by the City Attorney shall be reported monthly
to the Council by the Controller.. No other claims shall be paid
·. without approval o .. f the City Council. (1:~1277, 7-1-50)
SEC. 2.408.4 THE CRE..\TION OF .DEBTS
~ ·---FW'IP' ---
. .Neither the Cc·unc:.l nor a.ny officer or employee of the City
···shall create: aud.it ;, a1 .. 1ow o·r permit to scc~ue any debt or lia
b:Lli.ty for any purpose in excess of the available monies in
: tht! Treasury legally ar. po:t:tion~!d or appr::rpriated for that pur-.
pose. (#1277~ 7-J.-50; i1526 1 2-~3-54)
SEC. 2.408. 7 £1A!t-i5 TQ._§E 1TEMIZED..M£,.,.Y§SJI.!.§!l
All claims aga:i:lst the City other than those authorized by
the Council, department.'S or exe1~utive officers the:reof shall be
itemized and verified u::r.der oath, b~fore any offic1er duly author
.ized to administe:t" oath:;, befor('! the same are filed with the
City Clerk. The City c::.e.rk is .;1,u.thorized to administer the
oath hereby required .. u:1277 ~ 7-1-50; 1fo15.26) 2-23-54)
SEC. 2. 408.8 CU~l_!i§. _Arf\INST EM'~OYEE~
No suit for c:amages or mone:r shall bi: .br-ought against any
. offi.cer, or employee until a claim for such damages or money has
been served upon such officer or employee and a copy of said
claim. filed with the Cit; Clerk and ha.s been rej~cted in whole
or in part.
Any such claim shal.~ be signed and ve:::-ified by the claimant;
shall state the titr1e, place. and manner in ~rhich the claim arose;
shall sta":\e>the nature ax1:d extent of the irijury or damages claimed
and all details necessary fer det<e.rminatior: of the merits of such
.. ·.claim; shall l:.,e itEmized if consi!~ting of more than one item;
shall be served anc: fileo within 90 days after the occurrence,
event or transaction upon which it is found.ed.
· (4il894, 10-26-59; Repealed #2.079, 6-11-62; Emergency 1!2111,
9-24-62)
SEC. 2 .. 409
. All money collt~cted hy agencit~s of the Cit:y shall be depos.:f.ted
with the City Treasurer. within thre~e (3) days aft,;r collection,
unless.otherwis:e pruvid.ed herein.
7 •. 50
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Contd.
All money collected in th~: name of or for the use of units
of the/ City government shall bt: reported to the City Mana.ger
within five (5) days aftt~r colJ ection, and a statement of expend
itures shall be made to ·~:he Cot .. nci.l annually.
(4~l277, 7~1-50)
SEC. 2. 409. 1 MONIES COI.LECTEt !N THE !~"'E OF OR FOR UNITS
lW m~ c11!:~ RNME"Nr--~
The solicitation nne collection. of all monies made in the
name of or for the use of units of the City government by non
governmental agencies or agen.ts shall bE: governed by the fol
lowing procedure:
The purpose for which n1on.ies are to be solicited or
collected shall be refc~rrei to th-e City Council.
2. Obtain approval of the Cit:; Council to enter into suc:h
activities on behalf of: un:lts of the City· government.
3. Obtain approval of the Cit·.r Council on the manner and
technique by which the mon:.es are t(> be solicited
and/e1r collected.
4.
5.
Establish with the CJLty. Council pri('r to the time of
solicitation and/ or c~ollect.ion the eondit:ions under
which the monies are to be given to the City of Palo
Alto.
Report to the City Council the total amount of money
collected and such cost:s as were inc:·ident to the
solicitation and collec;ciot of said monies withir1
thirty (30) days aftE:r coU ection.
(#12?7, 7~1-50; #1526, 2-23-54)
SEC. 2.410 ~VENUES _Q£· SECIJR ll!!§.
.. All revenues and proceeds from securities owned by the City
'shall be collected by the City X'reasurer :promptly when due and
reported immediately by hi:rn to t tle Controller. (tF1277, 7-l-50)
SEC. 2.411 . DEPOSIT OF SECURI I.!!§.
All securities shall. :be dep.:>sited in a safe deposit box in
a ~ank, which is app:rov~d by the Council, to which access shall
be ·had only upon the signa:t:ure o.: the City Controller and the
City Treasurer or their deputies. (#1277, 7-1-50)
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SEC. 2. 412
S•eC. 2.412
CAJ.'JCELLATION O:f AC :omiTS RECEIVABLE AND REFUNDS
OF ''ERRONEOUS' _P.~YME:nS =-·
The.: Controller may, on appro-11al of the City Manager, car.ocel
any acco\mt receivable except bilLs which may become a lien
against property or taxes, but shdl report such cancellations
.to the City CounciL Taxes or bills which may become a lien
against property may be cancelled only when on written formal
claim by the Ow'ller, when supporte:i by substantial evidence of
its propriety, and appl.·oved by th:~ City Council.
Any refunds of overpayments ::>r erroneous paymm ts may be
made by. the Controller with the a:?proval of the City 1-Iana.ger ,
provided however, that Utilities Customer DE~posits can be
refunded by the Cont-roller with ti~e approval of the City
Treasurer. (~fl277, 7--:1-50; #1958·~ 7-11-60)
'SEC. 2. 413 . CONTRACTS ANJLE:._~HASING PROCEDURE
a. Th~~ City of Palo Alto shall not be and is not bound by any
contract or purchase c·rder, except as hereinafter provided,
unless the ssme shall be made in writin~g by order of the
City Council and signe:d by some d·uly a~.::thorized officer
in behalf of the City.
b. The approval of the fc,mt of all contracts shall be endorsed
thereon by the City At.to,rne) before the execution thereofv
c. Subject .. to the bid prc~cedun outlined in Sec. 2.414 of this
Code) the City Manager. i.s hEreby autho-rized to bind the
City by written contr.s,ct. or purchase oxde:r,. without previous
action; by the City Council, for the purchase of any ms.terials,
supplies and equiprnertt:. All such purchase orders shall be
signed by the City Manager: ~nd the Ci.ty Controller .
. d. 1'he Purchasing Agent :i.s herE by authorized to sign for the
City Manager purchase order~ for materials:, supplies and
. equiptilent which do not ex~eui $150 in value, in. conformance
·with control procedu-r-Ps to [.e established by the City
MD.nager for t.hat purpose~
e. The City Manager is h(~reby c,uthorized to bind the City, by
written contract, without ac.vertising or previous action by
the City Counci 1., for the p< :yment for labor, services or other
valuable considerations to l'e furnished to the City, or for
the lease or purchase of real property, in amounts not ex
ceeding $5 ~000 in any cme contract. The City Manager is
furthe.-r authorized to sign : .. n behalf of' the City all contracts
with s.ubdi.viders for t:he in:~tallation of improvements ..
:·f. All con.t~acts for lab()r or r:ervices or fo'r' labor, services
and materials exceeding $5,DOO wust be 1nade by the City Council.
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Sec. 2.413
Contd.
The:ce is hereby establish•~d in the office of the Purchasing
Agent a revolving fund in the sum of $100.00 to be expended
upon authorization ()f the Purchasing Agent for services,
transportation, mat~~rials or supplies, the sec·urir,g or
purchase of which is .a iet;al charge against the City. The
Purchasing Agent :i.s p•ersoua.lly responsible for ss.id fund
and shall give an ;.u:count thereof at ar..y ti:ne on demand
of the City Control1Ler. I:iemand shall be. made ·upon the City
fot' the reimbursement of ~:.aid fund in the same manner thclt
other demands are mta.de ..
Purch.as.e orders may be us·~d in contracting for skilled or
unskilled labor or fox la;)or and materials when the total
cost does not exceed :H,Oi}Q. 'Where thE! materials or labor
des.ired are,, in fact a si:1gle purchase or operation,
separate purchase o-rder:s :hall not be :i.ssued for th~e
purpose of avoiding the li.m:l:.tat:tons of this section.
i. . Purchase orde-rs shall be tssued upon requisi'Ci.ons s:i.gned
by :the head of the depart:nent or other authorized personnel.
All requisi.tions shall be filed with the Purchasing Agent,
and no pu:r·chase shall be "nade until an order has been
obtained from him.
SEC. 2.414
(#1277, 7-1-50; #1526, 2-23-54; #1535,
~-26-54)
BID PROCE!ll![g
a. Where the cost of equipmeat, supplies, materials and/or
labor required by the City exceeds the sum of $5,000 the
Ci.ty Manager shall call for bids by advertising at least
once in a daily ne:w·spap~r of general c:Lrcul.a.tion in the
City not Jess than five (5) days prior to the date set
for receiving bids"
b. All bids must, be accompan i.ad by cash, .a certificate of
deposit o:c certifie:d check or draft or a cashier's check or
draft of or on somE: respc nsible bank in the United States,
in favor of and payable c:: t sight to the City of Palo Alto,
for an amount equal to five per cent (5%) of the bid. If
the bidder to whom the cc ntre,ct is awarded shall, for fif
teen (15) days aftE~r suer award, fail or neglect to enter
into the contract and file the required bond, the Controller
shall draw the monE~Y due on such certificate of deposit or
check or draft and pay d.e sarJ.e or any cash d•eposited into
the treasury, <md under r ,O circurn.<;tances shall it be
returned to the defaultir .g bidder. In lieu of the fore
going, any bid· may be accompanied by a surety bond in said
· amount £urni.shed ·by .;t surety authorized to do a surety
business in t:he State of Califo:mia guaranteeing that. said
bidder .will enter j.nto t},;e contract a.nd file the required
bond within said period ..
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Contd.
All bi.ds shall be placed in a sealed envalope and delivered
to the City Clerk .e:nd opEned by the City Manage.r or Pur
chasing Agent in pu:blic .at th~ time and place designated in
the notice.inviting bids, and the contract let to the lowest
responsible bidder either by the City Council,. if the pay
ment is for labor c1r for labor and mat,erials tn excess of
$5 1 .000, or in ail c~ther cases, by the City Manager who shall
make a :r·eport:. thereof to the City Coun~cil. The City Council
or the City. Managei~ may teject any and all bids and may
waive minor irregulariti~s in the bids.
The City Clerk shc.\1.1 rett rn to the unsuccessful bidders
their certifica.te c>f depc sit, drafts, ·checks or cash and
shall retain the cE~rtifi< ate of deposit, check, C:raft or
cash of the successful bjdder until after the approval of
the bond or other security furnished by said bidder fo:r the
·faithful perfor.nanc:e o.f ~.is contract, and then shall ret1Jrn
such certificate of depo~it, check, draft or cash to such
successful bidder.
e. The restrictions and prod.sions of this section shall not
apply to contracts for ir.dividual services requiring special
koowledg~ and judga1ent Ol" professional services or for the
P'..lrchase of a patented article or Where an emergency makes
t.he delay incident tc> canpetitive biclding unreasonable, or
to the placement oi~ insul·ance coverage:.
(fi1277, 7-1··50; t~:.535, 4-26-54; Emergency ffl944,
5-23-60; it:L947' h;..l3-60)
SEC. 2.415
. The responsibility for the inspection and acceptance of all
material~ supplies, and equipnent shall rest with ·c:he department
head concerned. (111277, 7-1~50) .
. SEC. 2.416 SALE OF Pi :.OPERTY . --11111111'--:11-
· Whenever the head .:>£ a d·~pa:rtment shaTLl make a written find
ing that any personal p:r:opert:r of the City is no longer needed
for .corporate or public purpo;les, the same may be offered for sale
when the written findings hav·~ been approvlad by the City Manager.
The sale shall be held in acc.,rdance with the procedure followed
in the awa.rdi.ng of purchases, but to the h:lghest responsible
bidder~ (#1277~ 7-1-50)
7.54
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. SEC. 2.450
.a. The provisionf> of D: ,vision I of thE~ Revenue and Taxation
Code of the State o; ~ California relating to the assessment,
le·v-y and· coll(::ction of proper,::y tali:es is hereby adopted as
the procedure for the assessment, levy and collection of
City of Palo Alto p::operty taxes e~:cept for the provisions
of Chapter 3, Part 1 : of Divis ion I of said Code, providing
for the. payme::'l.t of ~lelinquent taxe::• in installments. For
the pu.rpose. o:f prop.~rty taxation by the City of Palo Alto,
the Assessor :sh.'ill :1se as his val·•tation basis for assess
ment, fifty p~er cen: (50%) of the full cash value of the
property asse:ssed~ In the event a conflict exists between
the prov:f.sion:s t'f slid Revenue and Taxation Code and the
previsions of this ,\.dministrative Code the pr.ovisions of
.this Code shatl pre1ail.
b. In the application 1nd interprE:tation of said Revenue
and Taxation Code p ~ovisions, t:he words "City of Palo Alto"
shall be substitute! for the words nstate" and "State of
Californiat', the wo::d "City" for the word '1County", t!'le
words, "City Counci .l 11 for the 'lllrords "Board of Supervisors''
and "County Board 11
, the words 1 'Cit:y Assessor" for the
.words "County Assessor" and thE~ words "City Controller11
for the word 11 Audit.:>r".
c. ·The City Treasurer shall collect t;axes both o:a the secured·
and unsecured roll.
d. lb.e Council shall. meet at theij~ usual meeting place at
7:30 P.M. on the foJrth Monday in July of each year and
sit as a Board ·Of Eiualization:; and shall continue in '
session,. from day to day, until all the rc~turns of the
City Assessor have been rectif:led. The Council shall be
governed by the provisi.ons of Chap:ter 1, Part 3, of
·. · Division I of the Revenue and ·raxation Code of the Sta~e
of·~califomia in the eqt.talizat:lon of t_axes.
(#1277, 7-1-50; #2122~ 1-28-63)
7.55
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DIVISION 6
SEC. 2.601
P·ERSON~ EL PROCEDURES
tl~~
j '· ·sec. 2.601
The City Ma.nager shall formulate and recommend to the Council
for its approval rules and regulations pertaining to the operation
of a merit persc~nnel program. These rules ,et,nd regulations shall
cover the promot.ion~ c emotion, suspension'" and release of per
sonnel connecteci with the municipal servi.ce and all other matters
governing the status cf employee:s and conditions of their employ-
ment. (#1277, 7-1-50)
SEC. 2. 602 CLASS IF I CATION. PI..AN --------
All positictnS of the munici.pal SE~rvice shall be classified
within a positi.c1n c:lassific.'ltion plan,. which shall be maintained
and operated by tht! City Ma."'l.ager. (#1277, 7-1-50)
7.56
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DIVISION 7
SEC. 2.701
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Se.;.:·. 2. 701
MISCEI.LANWDS PROVISIONS
PROCEDURE FOR MUNICIPAL ELECTIONS u __ ___._._
Except as otherwise p"t"ovided in this Code, all elections
called and held in said :ity shall be held and conducted in
manner and fcrm as requi ~ed by the ge:o.eral lar11s of the State
governing elections withln mun.icip.alities, (#:2127 :..· 2-25-63)
SEC. 2.702 CANVASS 0: ELECTION RETtJRNS
--·-.,.__._.. "17
When the Council a.c:s ~s a canvassing board t<> canvass
election returns, it shall meet for said purpose and duly
canvass the election ret.1rns at its next regular meeting or at
a special meeting called for that purpose. (412127, 2-25-63)
SEC. 2.703 FILING OF NOMINATION PETITIONS
....._,..__ -~ ---·-
Any person othe:t:"Wise qualified may be: a candidate for an
elective office at any election, regular OX" special~ by filing
with the Clerk within the ti.me prescribed in the Elections Cede
of ·Galiforniaa petition signed by at least twenty-five qualified
and registered voters. ( ffo2127, 2··25-63)
SEC .. 2.705 .QffiClAL N£WSPAPEli
Any newspaper de~ignated and authorized to make a publication
shall be. deemed tb.e offir.ial newspaper for the work so ordered;
provided, however, that when publication of any resolution or
ordinance is required by State Law, the newspaper must be qualified
for such pu.blicati.on:s as by State law provided. (#1277, 7-1-50)
SEC. 2.709 'BO<)KS ANJ. RECORDS
All pub:lic rE:cords of the C.lty shall be available at all
times during offic:e hom: s, and a:ny person .may inspect the same,
provided, he shall. specify the record des ir. :i, ar.d such record
shall not be take.r.~ fr.om the office. (1J:l277, 7-1-.50)
SEC. 2.710
Each councilman of the City, all officers appointed by the
Cotmcil, and all c~fftce:t s of the Police Department, shall take
and file with the City ( lerk the constitutional oa·th of office
before entering ut:~on thE dut:ies thereof.
. ·.Said oath may be ac ministered by the City Cle:ck, and is as
follows:
· "I-L--· . ·-, do swear (or affir~n) that I ~11
support: tli'e. Consti.tutior ortn'e United States, the Constitut.l.on
of the State of C.ed.iforr .. ia, and the Charter of the City of Palo
Alto, .. at'id that 1 will f¢ ithfu.lly discharge the dut:i.es of the
office of . according to the best of my ability."
Sueh oath of of.fict shall be subscribed by all perscns
making it, a·s her~~in pr<vided. (#:1277, 7-1-.50)
7.57
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DIVISION 10 ..
SEC. 2.1001
CIVIl.. DE'~NSE AND DISASTER
PUiRPOSES --·-'"""-
111:e declared: pu:rposes of thi.s division are to pr•~vide for
the preparation and ca.r:rying out of plans for the civ:U defense
of persons aad property wi::hin this City in the event of a
disaster from natura:L ct:lUS{~S or acts of war and to pr<>vide for
the coc:1rd:!.nation of t:he cis·il defense and disaster functions of
this Ci.ty with all ether. pi.~blic. age:ncies and affected private
persons) corporation~; and c·rganizations. Any expenditures made
.. in connection with Sttch ci\ 11 defen.se and disaster act:ivitie$,
~·including mutual aid act:i~t:l. ties shall be deemed exclus:iv~ly to
be for the protectiOl'lt at:\d benefit of the inhabitants .a:nd property
of the City of Palo Alto.
SEC. 2.1002
. The following words ani phrase:)' when.ever used in this
division, shall be co:1:1strue.:i as defined in this section:
a. '~Ci.vil Defense 1
' :shall 11ean preparation for and carrying out
of. all P.mergency fur."J.ct:~ons, other than functions :for which
military forces are pr:.marily responsi.ble, to prevent,
minimize, and .repair i1::jury and damage resulting from
disasters. It shall n.:"t include, nor does any pr<>vision
of this division apply to any c:onditi.on resulting from a
la.bo·r controversy.
b~ "Disaster" shall me.a:n actual 0x· threatened enemy s.ttack,
sabotage, air pollution, extl.,;eordinary fire, flood., storm
epidemic, riot, earthquake. or c·ther similar public calamity w
c. "State of Extreme Emerg~ncy11 shall mean the duly proclaimed
existence of conditions of extreme peril to the safety of
persons and prope:rty 1r::t:hin the City caused by an •enemy
attack, or threat~~ned a :tack, or other cet.•se such .as air
polluticrt, nuclea:::-o:r: chemical accident, :eire, flet:>d, storm,
epidemic, riot or ea:rth<iuake, which conditions by 1reason
of. their magnitude are· c•r are likely to be beyond t:he
control of the services: personnel~ equipment and i:acilities
of the City and rE!quire the combined forces of mutual aid
d.
tc combat. A "St.e~te of Extreme Emergency" exists :i.mmediately
and w.ithout a p:roclattlZl.ti on ther,aof by the Governor whenever
the State of california is atta~::ked by an enemy of the
United States or 1Jpon .receipt o:f warning from autho·rized
federal . or state agency indicat:i.rt~ that such an enemy
attack is probable or irrrninent. 'State of Extreme Emergency"
does not include nor doei any pll:ovision of this division
apply to any condition r~s.uiting from a labor contr·oversy.
"State of Disaster''' shal~ mean the duly proclaimed existence
of conditions of e~t.:tr~=me peril to the safety of persons and .
property within tht~ City caused by such conditions as air
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polluti.on, nuclear or cheilical accident, fire, flood,
storm, epidemic, ri1ot or !art:hql.Uike, or ether conditions
except as a re-sult fJf war· .. caused disaster, which conditions
by :t'ea.son. of the services . personnel, equipment and faci
lities of the Citv and reouire the combined forces of
mutual a.:f.d to co~..be.t. "St 'ate of Disaster" does not
include nordoes it apply to any condition resulting from
a<labor controversy.
"Civil Defense and JJlisast<: r Service Worker" shall mean and
include all City employ-ees, all volunteers registered with
the civil defense and disaster organization, and any
unregistered person prE! sse d into service during a st.ttte
of disaster or state of: extremre e·mergency by a persorL
having authority to .comman:i the aid of citizens in the
execution of his duties.
"I.ocal Peril", _"Local Ero.er;;ency" ~or "Lccal Disaster" shall
mean the· existence o:f cond: .tions 1;;ithin the terl."itorial
limits of th~. City, :Ln the absenc:<:-of a duly proclaimed
state of ·.~xtreme emergency or state of disaster, which
conditions are a result of an emergency created by great
public calamity such a.s extraordinary nuclear or chemical
ace;ident, fire, flco~l~ stoJ rn, epidemic, earthquake, o·r
other disaster whic~l .is, 01 is likely to be beyond th1e
control of 'the·: services, pE rsonne 1, equipment an.d faci
lities of the City and require t!':te combined forces of
other local agencies to conbat.
SEC. 2.1003
The Palo Alto Civil Defense and Disaster Council is ho;~reby
created and shall consist ·~>f the follow:Lng:-
a. The Mayor, who will b:e c:hai ::-man.
b·. . The Director of Civil Defen::1e and Disaster, appoirtted
by the City Cou:~.cil, \11ho sbtll be vice-chairman.
c.
d.
The Assistant Director of C:.vil Def.er..se and Disaster,
appoirtted by th~ City Manag\ r with the advice and consent
of the City Council who~ un( er the :supervision of the
Director, shall devel.-::p ·civll defense and disaster pla:o.s
and orga~ize the civil defer se a1~d disaster program of
this City, and_shall have s1.c!1. other duties as may be
assigned by the. Di:tector.
SUc:h rep,resenta.tives of civic, businessz labor, veterans,
professional orother organizations having an official .
group or organizati01'1. ·civil iefen:si: and. disa"!'ter respons1-
bii:tty ,:, as ·may be appotnted .>y tht::: Mayor with the advice
.and· consent of t.he City Coun!iL • ·
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SEC. 2.1004
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CIVIL DE~'ENSE MID DISASTER COUNCIL; POWERS
ANI!~oof~~ --~---
It shall be the duty of the Palo Alto Civil Defense and
Disaster Council) and it is hereby empowered, to re\l.!ew and
recommend for adoption by the City Council; civil defense and
disaster and mutual aid plans and :agreements; and such ordin· ..
ances ~ re~ol1Jtioris, rules and regulations as are necessary t•=>
implement such plans and agreements. The C:lvil Defense and
Disaster Council shall meet upon call of th~~ Chairman or in his
absence from t:he City or inability to call such meeting~ upo1r1 ·
the call of the Vice-chairman .
SEC. 2.1005 DIRECTOR OF CIVIL DEFENSE: .AND DISASTERi lmlERS ANll"'mJ'H;;S ... __ -
n1ere is hereby created the Office of l)irector of Civil
Defense and Di.saster. The City Ma:tager shall be the Director
of Civil Defense and Disaster.
· The Director is hereby empowe :red:
a. To request the City Counc.il t., proclaim the exi.stence o:r
threatened existence of a loc .~1 disaster or local exaerg1ency
and the termination thereof, tf the City Council is in
session, o:r to issue such pr.o::lamation. if the City Council
is not in session, o:r t·o issu.~ such pro•clamat:ion if the
City Cotmcil is not in sessioJ, subject to confirmation by
the City Council at the ea.x-li~st practicable time;
b. To request the Governor to pr:>clairn a state of disaster
or a state of extreme e:mergen ::y when in the opinion of ·the
Director, the resources of th~ area or 1::-.egion are inadequate
to cope with the disaster;
c ~ To control and direct the ef.fn·t of the civil defense and
disaster organization of this City for the accomplishme:nt
of the purposes of this divislon;
d. T'> .direct coordination and co::"Jperation between divisions,
services C!'ld staff of the civil defense and disaster
organization of this City, ani to resolve questions of
authority and respl..">nsibility chat may ax·ise between the:m;
e. To represent the civil defense .and disaster organizatio·n
O·f this City in all dealings . .;oith public or private age·ncies
pertaining to civil defense a::1d disaster.
SEC. 2.1006 POWERS IN EVENT OF DISASTER OR STATE OF
U'tR~l1!~~
In the event of the proclamation of disaster or local
emergency, as herei·n provided, or ·t:he proclamation of a state of
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disas·ter or ,a .state of extreme emergency by :the Governor or the
Director Df the: California Disaster Office, 11:he director is hereby empowered;
a.: To m.ik-e and issue rules an:i regulations on matters reason ...
ably reltrted to the protection of li.fe and property .ss
affected by such disaster 'r emergency, provided, however,
such rules and regulat:ions must be conftrmed 'by the 'earliest
' practicable. time by the Ci :y Council;
b. To ·:=~btain vital suppli,:!s, ~quipment and such other properties
found lacking and ne·eded f >r the protection of the life and
property of the people) al'd bind the Cit:y for the fair value
thereof, and if requ.ired !:::mediately, tc) commandeer the
same for public use.;
c. To require emergency servi(!es of any City officer or employee
and in the event of :::he pr(:~clamat:ton of a state of disaster
or a state of extrenu:-: emergency by t.he Governor in the
region in which this City :.s located, to command the aid
of as many' citizens of thi:~ comznunity as he thinks necessary
.. in the execution of his duties; such persons shall be
entitled to all priv:Lleges ben~fits and immunities as are
provided by State la'<J for l"egistered civil defense and
disaster volunteers; .•
d. To requisition necessary pc:rsonnel or material of any City
· depa·rtm2nt or agency;:
e. To execute all of M.s ordit·.ary powers as City Mana~er, all
of the special po•..,1e:n; c:onfE rred upon him by this division
or by resolution adopted pt.rsuant thereto, all powers
conferred upon him by an s1atute, agreement approved by the
City Council, or by a~y ot!:er lawful authority, and in
conformity with Sectj~o.n 38192 of the Gov·ernment Code, to
exerc:ise complete authorit} over the City and to exercise
all' power vested in the City by the Constitution and general laws. ·
SEC. 2.1007 CIVIL DEFENSE AND DISASTER ORGANIZATION
All officers and employees .of this Ci.ty, together with those
volunteer forces enr•.:.'lled to aici them during .a disaster, and all
groups, organizations snd.persot1s who may by .agreement or opera
tion of :taw, including persons pressed into service under pro
visions of subsection (c) of Section 2.1006 b1e charged with duties
iuc:ident: to the .protection of l!fe and property in this City during s~. diuster~ shall eonstitui.:e and be known •as the civil defense
and disaster organization of the City of Palo Alto.
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SEC. 2.1008 ~~§~Nmi ;ERVICES AND STAFF OF THE CIVIL
> 15tSl§'Nlt OllGDfZATION. . .
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'nle ft.mctions and duties of the Palo Alto Civil Defense and
Disaster organization shall b4~ distributed among such divisions,
services and special staff .as the Ci.ty Manager, acting as Director
of the Civil Defense and Disa:>ter Organization, may prescribe.
. The City Council shall concurrently with the .adoption of.
this Division, adopt th~~ civi:. defense and disaster operations
plan for the City o~f Palo Alto which:
a. Sets forth the form of o:·ganization;
b. Establishes and de:;ignatc:s divisions and services;
c.· Assigns functions, dutie:;, powers and responsibilities of
civil defense and di.sast,~r services personnel;
d. Designates services and 1:he respective chiefs of services; and ·
e. · Establishes operatjLon pr(ncedures to be carried out in
the event of s. local disttster or emergency of the procla.m-
. ation of· a. state of disa::ter or extreme emergency as h~rein
defined.
Insofar. as possiblE~ the form of the o:r_ganizatio~, . ti:tJes
and terminology shall ccmform to the recommendations of the civil
defense and disaster agEmcies of both federal government and the
State of California.
SEC. 2.1009 QQ.NTJ:NUITY OF GOVERNMENT
To provide for the contiruance of the legislative &nd
executive departments of the City in case of a disaster, the
City Council shall appo:l.nt fij teen standby councilmen who will
assume their positions tn alprabetical order and who shall have
the qualifications$ tent;:re, dt; ties and po~-;ers specified in
Sections 1500.3 to.lSSO.OS inclusive of the Milltary·arid -Veterans ~ode insofar as such sec:tions are not inconsistent with the
charter or other ordinartces oi the City. In case a standby
office: becomes vacant be:<:ause of removal, death, resignation or
other cause the City Cottncil ~hall appoint another person to fill said office.·
SEC. 2.1010 VIOLATIONS
It shall be unlawfl:tl for any person du:c-ing a disaster:
a.. Wilfully to obstruc:t, hirder or delay any member of the
civil defense and disastEr organization in the enforcement
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of. &ny lawful rule or I egul.ation. issued pursuant to this
ordinance, or in the performance of any duty iq)osed
upon him by virtu.e of this ordinance;
To do any act forbidden by any lawful rules or regulations
issued pursuant to this ordinance, if such act is of such
a nature as to give, ot be likely to give assistance to
the enemy, or to imperil the lives or property of inhabitants
of this Ci:y, or to prevent, hinder or delay the defense or
protection the:reo·f.
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