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HomeMy WebLinkAboutOrd 1049ORDINANC':: N0. � � n AN ORDINANCE AMENDING AND REPEALING VARIOUS SECTTONS OF THE BURLINGAME MUNICIPAL CODE RELATING TO SUBJECTS PREEMPTED BY STATE LAWS, NON -SUBSTANTIVE CLARIFICATIONS OF CONFLICTING SECTIONS REQUIRING PLANNING COMMISSION DECISIONS BY A VOTE OF A MAJOR- ITY OF THE COMMISSIONERS, ELIMINATING RE- STRICTIONS UPON POLITICAL ACTIVITIES OF EMPLOYEES, AND ELIMINATING LICENSE REQUIRE- MEDITS FOR FISH PONDS The CITY COUidCIL of the CITY OF BURLINGAME, California, does ORDAIN as follows: Section 1. Chapters 2.08, 2.40, 3.18, 3.60, 8.20, 10.08 and 10.52 of the Burlingame Municipal Code are repealed. Section 2. Sections 3.28.060, 3.32.060, 3.52.011, 3.52.050, 3.52.090 and 10.20.020 of said Code are repealed. Section 3. as follows: Chapter 3.18 is added to said Code to read CHAPTER 3.18 DIRECTOR OF PARKS 3.18.010 Director of Parks - Duties lished. The office of director of parks is created and estab- (a) The park director shall attend meetings of the park and recreation commission and the beautification commission, shall advise the commissions in the perform- ance of their duties, and .,hall make such reports to the commissions or to the city manager or city council as shall be required; (b) The park director shall: (1) Be responsible for the administration and operation of the park department in accordance with the policies recommended by the park and recreation commission as approved by the city manager and the city counci_1, and shall perform the following specific functions within the budgetary limits as approved annually by the city council, and provided all expenditures shall be approved by the city manager andJor the city council. -1- 9/17/75 (2) Recommend for employment required personnel of work in police and according to the standard procedures as set forth departments. by the City of Burlingame and, upon employment, shall supervise them in the performance of their A. various duties. (3) Administer, operate and maintain existing park the City of and recreation areas and facilities and plan for the acquisition, development and operation of proposed facilities in accordance with the policies recommended by the park and recreation commission and as approved by the city manager and the city council. (4) Inform the general public of the services and facilities provided by the park department. (5) Solicit suggestions from the general public to improve or increase the effectiveness of the services. (6) Cooperate with governmental and voluntary organizations and agencies in the furtherance of recreation opportunities. (7) Prepare manuals, bulletins and reviews on park problems. (8) Provide upon request assistance of technical nature to community agencies and organizations having problems relating to park areas, facilities and programs. (9) Counsel with officials of public and private organizations and other interested groups concern- ing community recreation and leisure activities and assist them in promotion of recreation services. (10) Prepare a budget request for the review of the park and recreation commission and present this request to the city manager and the city council. The budget shall provide for park services and operating costs for the ensuing fiscal year. Section 4. Section 2.16.020 is amended to read as follows: 2,16.020 Hours of work in police and fire departments. A. POLICE. All persons employed by the City of Burlingame in full-time positions in the police department shall work forty hours per week. B. FIREMEN. All persons employed by the City of Burlingame in full-time positions in the fire department shall work such work weeks as may be established from time to time. C. SCHEDULE. The chief of police and the chief of the fire department are hereby authorized to arrange an effective schedule of working hours for the employees in their respective departments to comply with the fore- going. D. ON CALL. Notwithstanding anything herein contained, the personnel of the police and fire depart- ments shall be subject to call and must respond on any occasion when the chief of the department may deem it necessary for the protection of life, property or the safety of the citizens of Burlingame. Section 5. Section 3.32.050 of said code is amended to read: 3.32.050 Powers and duties. It shall be the duty of the park and recreation commission, subject to the approval of the city council, to: (1) Act in an advisory capacity to the city council, the city manager, the director of parks and the director of recreation, in all matters of public parks and recreation, and to cooperate with other governmental agencies and with civic groups in the advancement of sound recreation planning and programming. (2) Recommend policies on recreation and park service for approval of the city council. (3) Advise the directorof parks and director of recreation on problems of development of recreation areas, facilities, programs and improved recreation services. (4) Recommend the adoption of standards on areas, facilities, programs and financial support. -3- or expedient. A majority of the voting members of the commission shall constitute a quorum for the purpose of transacting the business of the commission. No official action shall be transacted by less than the vote of at least four members. The commission shall elect a chairman and secretary from among the appointed members for a term of one year, and in the event of a vacancy of either office may elect a successor. The commission may appoint such other officers for the purpose of carrying on its business and functions as it may determine. The commission shall adopt rules to be approved by the city council for the transaction of its business, and shall keep a record of all proceedings, resolutions, findings and transactions of the commission for public inspection, and shall file a copy thereof with the city clerk for the city council. The commission may, with the approval of the city council, contract for and employ planning consultants and other specialists for such services as it may require. Section 7. Section 3.52.010 is amended to read as '..follows: 3.52.010 Classified and unclassified services - Generall The civil service of the city shall be divided into the unclassified and the classified service. (a) Unclassified Service. The unclassified service shall include the following officers and positions: (1) A11 elective officers. (2) City manager and one private secretary to the city manager. (3) Positions on appointive boards, commissions or committees. (4-1) The head of each department and one private secretary to the head of a department, where applicable. -5- (5) Make or cause to be made, periodic inventories of park and recreation services that exist or may be needed. (6) Aid in coordinating the park and recreation service with the programs and other governmental agencies and of voluntary organizations. (7) Review the effectiveness of the park and recrea- tion programs with the directors of parks and recreation. (8) Interpret the policies of the city and the functions of the park and recreation departments to the public. (9) Make studies and recommend rules and regulations for adoption by the city council for the use and enjoyment of all public parks and recreational facilities, and particularly of specific recreational facilities, includ- ing, but not limited to, playgrounds, play fields, recrea- tional centers, swimming pools, ball diamonds, basketball courts, golf courses, boating areas, and such other recreational areas and facilities as may require regulation from time to time. (10) Review the annual budget of the park and recreation departments before presentation to the city manager and make recommendations thereto to the city council and the city manager and, in the case of capital improvements, also to the planning commission. Section 6. Section 3.40.non of said code is amended to read as follows: 3.40.030 Meetings - Officers and employees - Record of proceedings. The commission shall hold regular meetings at least once a month and such other meetings as may be necessary -4- (4-2) Assistant finance director and one accountant in the finance department. (4-3) Assistant planner. (5) Part-time or volunteer firemen and other fire department employees paid on an hourly or per diem basis. (6) Special police officers and other police department employees paid on an hourly or per diem basis. (7) Casual or seasonal employees in any office or department of the city. For the purpose of this chapter, casual or seasonal employees shall be deemed to have synonymous meaning and shall be treated alike. Such casual or seasonal employment shall not continue for a period longer than six months, and no person shall be eligible to serve as a casual or seasonal employee for more than an aggregate period of six months in any one fiscal year. (8) Part-time employees in any office or department of the city. A "part-time employee" is defined as an employee appointed to a position which requires service of four hours a day or less. (9) Hourly or per diem employees in any office or department of the city. An hourly or per diem employee shall be deemed to be any person paid on an hourly or per diem basis, employed in any position, but such service or employment shall in no case exceed nor continue for a longer period than six months in any one fiscal year. (10) Emergency employees in any office or department of the city. For the purposes of this chapter, an "emergency employee" is defined to be any person appointed to a position or employment, the neces- sity for which has been created by reason of riot, insurrection or other extraordinary emergency. No position shall be created, or employment made, hereunder until the existence of a state of emergency has been proclaimed by the Mayor of the city. All such positions and employments shall be for the duration of the emergency and shall terminate immediately thereafter. (b) Classified Service. The classified service shall comprise all positions not specifically included by this section in the unclassifed service. (c) Status on Effective Date of Ordinance. Any person holding a position or emrolovment included in the classified service who, on the effective date of the ordinance codified herein, shall have served continuously in such position, or in some other position included in the classified service, -6- for a period of twelve months immediately prior to such effective date, shall automatically continue his regular status in the classified service in the position held on such effective date, and shall continue thereafter to be subject in all respects to the provisions of the civil service system provided for in this code until his office or position becomes vacant. (d) Removal of unclassified officers and employees. Any unclassified officer or employee of the city except the city manager and attorney may be suspended or removed from office or employment by the officer by whom appointed. Written notice of layoff, suspension or removal served personally on an officer or employee, or written notice left at or mailed to his usual place of residence, shall be sufficient to effect any such layoff, suspension or removal, unless the person so notified shall within five days after such notice, demand a written statement of the reasons therefor and the right to be heard publicly before the officer by whom such notice was given. Upon such demand the officer making the layoff, suspension or removal shall deliver to the person notified thereof a written statement of the reasons therefor and shall fix a time and place for the public hearing. Following the public hearing the officer ordering the layoff, suspension or removal shall by a decision in writing, make such disposition of the case as, in his opinion, the good of the service may require, and such decision shall be final. A copy of the statement of reasons for any layoff, sus- pension or removal, a copy of the written reply thereto by the officer or employee involved, and a copy of the final decision of the officer by whom the layoff, suspension or removal was made shall be filed as public records in the office of the city clerk. -7- Section 8. Section 12.08.060 of said code is amended to read as follows: 12.08.060 Iron or steel pipes. Whenever any public street, lane, alley, court or highway in the city is about to be improved by the paving thereof and pipe, pipes, or conduits are to be lowered or replaced, such pipe, pipes or conduits so lowered or replaced shall be of such materials as the city engineer may determine. Section 9. The ordinance shall be published as required by law. HERBERT K. WHITE, City Clerk of the City of Burlingame, does hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on theme_ day of OC toter , 1975, and adopted thereafter at a regular meeting of the City Council held on the 3xd. day of 1�ovember 197 AYES: COUNCILMEN: �nt�t�°�� G�°€�sd,�eraas�tk�}i�r�� Pis-.M� �r�3�� NOES: COUNCILMEN: Nolle ABSENT: COUNCILMEN: Icne. HERBERT K. WHITE, City Clerk De, ty City C -8-