Ordinance 2005-24
ORDINANCE NO. 2005-24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING
CHAPTER 2, ADMINISTRATION, OF THE GILROY CITY CODE.
WHEREAS, Chapter 2, Administration, of the Gilroy City Code describes the
organization, composition, powers, and duties ofthe Gilroy City Council, the City Clerk, the City
Attorney, and the City Departments; and
WHEREAS, the City of Gilroy ("City") over time has modified its organization,
functions, and duties in response to changed circumstances and to further the public welfare; and
WHEREAS, the City Council wishes to amend the Gilroy City Code to better reflect the
current organization and operation of the City government; and
WHEREAS, the adoption of this Ordinance is exempt from review under the California
Environmental Quality Act ("CEQA") because it will not cause either a direct physical change in
the environment or a reasonably foreseeable indirect physical change in the environment and thus
is not a "project" within the meaning of California Public Resources Code section 21065; and
WHEREAS, the City Council held a duly noticed public meeting on October 17, 2005,
regarding the proposed amendments to Chapter 2 of the Municipal Code; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
1. Articles I through XIII and Articles XVI and XVII of Chapter 2 the Gilroy City
Code pertaining to City offices and departments are hereby repealed, and new Articles I through
X of Chapter 2 are hereby adopted.
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Ordinance No. 2005-24
2. Article XIV, entitled "Special Gas Tax Street Improvement Fund," and its
sections 2.64 through 2.66, respectively, are hereby renumbered to Article XI, sections 2.80
through 2.82, respectively.
3. Article XVIII, entitled "Capital Outlay Public Safety Fund," and its sections 2.95
through 2.97, respectively, are hereby renumbered to Article XII, sections 2.83 through 2.85,
respectively.
4. Article XV, entitled "Parks and Recreation Development Fund," and its sections
2.67 through 2.69, respectively, are hereby renumbered to Article XIII, sections 2.86 through
2.88, respectively.
5. The new Chapter 2 of the Gilroy City Code is set forth in full in Exhibit A,
attached hereto and incorporated herein by this reference.
PASSED AND ADOPTED this 21st day of November, 2005, by the following vote:
AYES: COUNCILMEMBERS:
CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO and
PINHEIRO
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
APPROVED:
~c--/
rt PInheiro, Mayor
ATTEST:
~~^)( ~ -0 / /. .
t Ie t ttu:...c\ I c.A../CL~('ll
RhoIida Pellin, City-Clerk
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Ordinance No. 2005-24
Chapter 2 ADMINISTRATION*
Art. I. In General, ~~ 2.1--2.11
Art. II. City Council, ~~ 2.12--2.30
Art. III. City Administrator, ~~ 2.31--2.33
Art. IV. City Clerk, ~~ 2.34--2.36
Art. V. City Attorney, ~~ 2.37--2.39
Art. VI. Department of Administrative Services, ~~ 2.40--2.52
Art. VII. Department of Community Services, ~~ 2.53--2.59
Art. VIII. Department of Community Development, ~~ 2.60--2.66
Art. IX. Department of Fire, ~~ 2.67--2.74
Art. X. Department of Police, ~~ 2.75--2.79
Art. XI. Special Gas Tax Street Improvement Fund, ~~ 2.80--2.82
Art. XII. Capital Outlay Public Safety Fund, ~~ 2.83--2.85
Art. XIII Parks and Recreation Development Fund, ~~ 2.86--2.88
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EXHIBIT A
ARTICLE I. IN GENERAL'"
Sec. 2.1. Administrative organization.
The governmental forces of the city shall be organized into the following
departmental and official categories and the head of each department or office shall be
known by the respective title as shown:
Department or Office
Title
Legislative
City council
Mayor
General Administration
Office of the city administrator
Office of the city clerk
Office of the city attorney
City administrator
City clerk
City attorney
City Operations
Administrative services
Administrative
services director
Community services
director
Community
development director
Fire chief
Police chief
Community services
Community development
Fire
Police
(Ord. No. 627, S 1.0; Ord. No. 781, S 1; Ord. No. 76-10, S 1 ,5-3-76p Ord. No. 86-19, S
2, 10-6-86)
Sees. 2.1-1, 2.1-2. Reserved.
Sec. 2.2. Powers and duties of department heads.
The heads of the various departments established by this chapter shall have the
following general powers, duties and responsibilities:
(a) To organize the department into divisions in such a manner as to efficiently
perform the functional responsibilities allocated. For this purpose, the department head
may create such sections and subunits within such division as deemed necessary.
(b) To make recommendations regarding recruiting, disciplining and discharging of
departmental personnel in accordance with the personnel rules and regulations of the city.
(c) To transfer or reallocate personnel from one division to another in accordance
with the personnel rules and regulations of the city.
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(d) To keep correct attendance records on each employee for payroll purposes, and to
submit such other information as required for the proper maintenance of individual
personnel records, including leaves of absence, job efficiency and personal conduct.
(e) To administer the departmental budget and permit no purchase requisitions to be
issued or other expense incurred, unless an appropriation therefore has been duly
authorized.
(f) To attend meetings of the council when required.
(g) To attend meetings of their respective boards and commissions.
(h) To carry on an active public relations program for their respective services.
(i) To promulgate and administer internal rules and regulations for the proper
conduct of personnel and the efficient handling of the department's duties and functions.
(j) To discharge such other duties as may be assigned by the City Administrator or
required by the ordinances, resolutions or official orders of the city council.
Sec. 2.3. Commissions--Establishment.
The following commissions are established by the Charter:
Name
Members
Planning commission
Personnel commission
Parks and recreation commission
Library commission
Arts and culture commission
7
5
7
5
7
Sec. 2.4. Same--Qualifications and terms of members.
All members of the commissions shall meet all qualifications for membership and
shall serve such terms as are established by the Charter.
Sec. 2.5. Same--Powers and duties of members.
In addition to the powers and duties of the individual commissions as outlined in the
Charter, the commissions shall have the following general powers, duties and
responsibilities;
(a) To utilize all appropriate techniques in crystallizing and testing public sentiment
on major public issues in their respective fields.
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(b) To hold official hearings as requested by the city council.
(c) To advise and recommend on city policies and procedures pertinent to their
respective activities and functions.
(d) To support and adhere to all city policies promulgated by the council, and to
establish interim policies in the absence of such city policies.
(e) To provide information and promote good public relations between the city and
the general public.
(f) To perfonn such other related functions as may be assigned by the city council.
Sec. 2.6. Same--May utilize services of city personnel.
The various commissions may utilize the services of the appropriate city departmental
personnel in carrying out their respective functions subject to the administrative control
of the department head assigned to that commission.
Sec. 2.7. City policies.
(a) The policies of the city shall be adopted by resolution or formal motions of the
city council upon the advice and recommendation of the city administrator.
(b) In the absence of council policy, the city administrator may establish an interim
policy pending the formal action of the city council on the subject.
Sec. 2.8. Bond--Officers to be bonded; amount.
Officials of the city designated by the council shall be bonded with statutory public
official's bonds, which shall include faithful performance provisions or conditions, in
such amounts as may be set forth from time to time by council resolution.
Sec. 2.9. Same--Provision as to public employees; amount.
The bond required by the preceding section shall be so written as to include
provisions constituting a "public employees' honesty blanket position bond" in such
amounts and covering such officers and employees in all city offices and departments as
may be designated by the council.
Sec. 2.10. Same--Amount of indemnification; payment of premiums; execution.
All bonds specified in sections 2.8 and 2.9 shall indemnify the city against loss up to
the penal sum of the bond relating to such loss, and the premium on the bond shall be
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paid by the city. All bonds shall be executed by a responsible corporate surety whose
financial standing and qualifications shall be approved by the city administrator.
Sec. 2.11. Reserved.
ARTICLE II. CITY COUNCIL*
Sec. 2.12. Powers and duties.
The city council is the governing body of the city and its powers and duties shall be
as set forth in the Charter.
Sec. 2.13. Regular meetings.
(a) Time. Regular meetings of the city council shall be held on the first and third
Mondays of each month at 7:00 p.m. If deemed necessary, the city council may amend,
with due notice, the start time of any regularly scheduled meeting. Whenever the day
fixed for any regular meeting of the council falls upon a day designated by law as a legal
or national holiday, such meeting shall be held at the same hour on the next Monday not a
holiday. If said succeeding Monday is also a legal or national holiday, the council
meeting will be held on the next weekday not a holiday.
(b) Place. All regular meetings of the council shall be convened in the council
chambers in the City Hall. If it shall be unsafe to meet in the place designated, the
meetings may be held for the duration of the emergency at such place as is designated by
the presiding officer of the council.
( c) Public. All meetings of the council shall be open to the public; however, the city
council may hold closed sessions under the provisions of the "Ralph M. Brown Act,"
section 54950 et seq. ofthe Government Code.
Sec. 2.14. Special meetings.
Special meetings of the city council shall be held under the conditions and in the
manner set forth in section 408 of the Charter and pursuant to the provisions of the Ralph
M. Brown Act.
Sec. 2.15. Council chambers.
The room designated as the city council chambers in the City Hall at 7351 Rosanna
Street in the city, is hereby fixed as the place of regular meetings of the city council, and
such council chambers and the adjacent offices and rooms used and occupied by the city
clerk and administrative officers of the city, shall henceforth be known and designated as
the City Hall of the city.
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Sec. 2.16. Council agenda.
In order to facilitate the orderly conduct of the business of the council, the city clerk
shall be notified not later than 5:00 p.m. on Tuesday preceding a regular council meeting
of all reports, communications, ordinances, resolutions, contract documents, or other
matters to be submitted to the council at such meeting. Immediately thereafter, the city
clerk shall arrange a list of such matters according to the order of business and furnish
each member of the council, the city administrator, the city attorney and each department
head with a copy of the same prior to the council meeting, and as far in advance of the
meeting as time for preparation will permit.
Sec. 2.17. Presiding officer--Mayor.
The mayor shall preside at all meetings of the council and shall have a vote but shall
have no veto power. The mayor shall have authority to preserve order at all council
meetings and to remove or cause the removal of any person from any meeting of the
council for disorderly conduct, to enforce the rules of the council, and to determine the
order of business under the rules of the council.
Sec. 2.18. Same--Mayor pro tempore.
In case of the temporary absence or inability of the mayor to act as presiding officer
the mayor pro tempore shall preside. In case of the absence or inability of both the mayor
and mayor pro tempore, the council shall elect one of its members to act as mayor pro
tempore. Upon the arrival of the mayor, the mayor pro tempore shall relinquish the chair
upon the conclusion of the business immediately before the council.
Sec. 2.19. Conduct of meeting.
The mayor, or in the mayor's absence, the mayor pro tempore, shall take the chair at
precisely the hour appointed for the meeting and shall immediately call the council to
order. The mayor or mayor pro tempore shall preserve strict decorum at all regular and
special meetings of the council and shall state every question coming before the council,
call for the vote, announce the decision of the council on all subjects and decide all
questions of order, subject, however, to an appeal to the council, in which event a
majority vote of the council shall govern and determine such question of order.
Sec. 2.20. Quorum.
A majority of the entire membership of the council shall constitute a quorum to do
business, but a less number may adjourn from time to time. In the absence of all
members of the council from any meeting, the city clerk may declare the same adjourned
to a stated day and hour. If the city clerk does declare the meeting so adjourned, then the
city clerk shall cause written notice of the adjournment to be given in the same manner as
provided for special meetings in section 408 of the Charter and pursuant to the provisions
of the Ralph M. Brown Act.
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Sec. 2.21. Order of business.
Promptly at the hour set by this article on the day of each regular meeting, the
members of the council, the city administrator, the city clerk, and the city attorney shall
take their regular stations in the council chambers, and the business of the council shall
be taken up for consideration and disposition in the order appearing on the council
agenda, unless the mayor with the consent of the council directs an item of business to be
taken out of order.
Sec. 2.22. Rules of order/debate.
Except as otherwise provided in this chapter, the most recent edition of "Robert's
Rules of Order" shall govern the conduct of the meetings of the city council. The mayor
or mayor pro tempore may debate from the chair, subject only to such limitations of
debate as are imposed upon all councilmembers.
Sec. 2.23. Addressing the council--After motion made.
After a motion is duly made and seconded by the council, no person other than a
member of the council shall address the council without first securing the permission of a
majority of the council to do so. This address, upon the subject to be voted upon, may
not exceed three minutes duration and no person may speak more than once at this time.
Sec. 2.24. Same--Manner.
Each person addressing the council is requested to approach the podium and give his
or her name in an audible tone of voice for the records. All remarks shall be addressed to
the council as a body and not to any member thereof. No person, other than the council
and person having the floor, shall be permitted to enter into any discussion, either directly
or through a member of the council, without permission of the presiding officer. No
question shall be asked a councilmember except through the presiding officer.
Sec. 2.25. Voting.
No member of the council shall be allowed to explain his or her vote or discuss the
question while the roll is being called, and no member shall be allowed to change his or
her vote after the vote is announced by the presiding officer, except in accordance with
Robert's Rules of Order for reconsideration of a matter.
Sec. 2.26. Adjournments--Generally.
The council may adjourn any regular, adjourned or special meeting to a time and
place specified in the order for adjournment. All matters may be considered and passed
upon at such adjourned meetings as could have been considered and passed upon at the
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meetings from which such adjournments were taken and shall be deemed to be a
continuation of the meeting from which the adjournment was taken.
Sees. 2.27--2.29. Reserved.
Sec. 2.30. Administrative procedures.
(a) The administrative procedures of the city shall be established through formal
documents or written memorandums of the city administrator after consultation with the
appropriate department heads.
(b) In the absence of an established administrative procedure, the appropriate
department head may establish an interim procedure pending the formal action of the city
administrator on the subject.
ARTICLE III. CITY ADMINISTRA TOR*
Sec. 2.31. Creation of office.
The office of city administrator is established by the Charter.
Sec. 2.32. Powers and duties.
The powers, duties and responsibilities of the city administrator shall be as set forth in
the Charter.
Sec. 2.33. Reserved.
ARTICLE IV. CITY CLERK*
Sec. 2.34. Creation of office.
The office of city clerk is established by the Charter. This office shall be under the
direct control of the city clerk as to statutory duties but subject to the general
administrative direction of the city administrator.
Sec. 2.35. Powers and duties.
The powers and duties of the city clerk shall be set forth in the Charter.
Sec. 2.36. Reserved.
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ARTICLE V. CITY ATTORNEY*
Sec. 2.37. Creation of office.
The office of city attorney is established by Charter.
Sec. 2.38. Powers and duties.
The powers and duties of the city attorney are set forth in the Charter. In addition to
said powers and duties, the city attorney shall attend designated meetings of boards,
commissions and special committees of the city government, and represent city
departments and offices before state or local courts, boards or commissions where there is
opposing counsel.
Secs. 2.39. Reserved.
ARTICLE VL DEPARTMENT OF ADMINISTRATIVE SERVICES
Sec. 2.40. Creation.
The department of administrative services is hereby created.
Sec. 2.41. Administrative services director - Appointment.
The administrative services director shall be the head of the department and shall be
appointed by the city administrator with the consent of the council.
Sec. 2.42. Same--Powers and duties.
Under the direct supervision of the city administrator, the director plans, organizes,
administers, and directs the administrative services department, which includes the
human resources/risk management, finance, information technology, and fleet and
facilities divisions.
Sec. 2.43. Administrative service - finance division - Functions.
The division of finance shall be responsible for the following functions:
(a) Fiscal supervision over officers. Exercise general supervision over all officers of
the city regarding the proper management of the fiscal concerns of their respective
offices;
(b) Accounts. Maintain a general account system and accounting controls for all
departments, offices, boards, commissions and agencies of city government;
(1) Prescribe form. Prescribe the form of accounts and reports;
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(2) Audit accounts. Examine and audit the accounts of all officers and
departments, and be responsible for causing the annual city audit to be
conducted;
(3) Financial statements. Make available to the city administrator monthly
statements of all receipts and disbursements, cash on hand, fund balances and
such other financial statements as the city administrator may require:
(4) Budget duties. Give such assistance in the preparation of the budget as may
be required by the city administrator;
(5) Payroll and claims. Prepare and record the monthly payroll and voucher all
claims against the city and prepare the necessary warrants and checks for
payment thereof;
(c) Purchasing
( 1) Purchasing. Do all the purchasing of centralized materials, supplies,
equipment and services for all departments, divisions, offices, boards,
commissions and institutions of city government;
(2) Specifications. Prepare standard specifications for materials, supplies,
equipment, and services wherever possible;
(3) Purchase orders. Maintain a purchase order system and issue a purchase
order when required by the city's purchasing policy, which shall be signed by
him/her or the city administrator, and authorize for payment no claim of any
vendor unless the purchase order number appears on the invoice;
(4) Bids and Proposals. Verify that all bids and proposals shall be in accordance
with the city's adopted purchasing policy.
(5) Stores. Establish and operate a system of stores for the bulk purchases of
commonly used items;
(6) Sell personal property. Sell, subject to the approval of the city administrator,
such personal property as, in the opinion of the department head, officer,
board or commission controlling it, will not be needed for further public use,
except that such personal property having a value of more than the amount
specified in the purchasing policy shall have the approval of the council prior
to sale;
(d) Legality. Conduct the transactions of his or her office in strict conformity with
sections 703 and 1109 of the Charter and with provisions of state law applicable thereto.
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(e) Billing and collection
(1) The billing section. The responsibilities and duties of this section shall be:
Billing of license fees, permit fees, rentals, water charges, sewer rental
charges, charges for special services, deposit charges, and any and all other
charges for services or materials to be made by the city.
a. Accepting of application for service and handling of customer complaints.
b. Maintaining of accounts receivable and customer's deposit ledgers.
c. Maintaining of meter reading schedules for the billing of water and sewer
servIces.
(2) The collection section. The responsibilities and duties of this section shall be:
a. Performing of all the functions of collecting and depositing of monies
receivable and due the city.
b. Collection of all taxes, special assessments, water charges, deposit charges,
sewer rental charges, license fees, permit fees and any and all other revenues
collectable by the city.
c. Receiving and custody of all monies receivable by the city from any source,
and issuing of receipts therefore.
d. Safe keeping and the depositing of all monies received, in such depositories
as may be designated by the city council, in compliance with the provisions of
the state laws governing the handling, depositing and securing of public funds.
(f) Interest. Interest calculated on a monthly basis or any fraction thereof shall be
imposed upon a delinquent obligation from the date such obligation becomes delinquent
to the date it is paid. The rate of interest imposed pursuant to this section shall be
eighteen (18) percent per annum.
Sec. 2.44. Same - city treasurer - Appointment.
The city treasurer shall be appointed by the city administrator with the consent of the
city council.
Sec. 2.45. City treasurer - Power and Duties.
The city treasurer shall invest all city funds on hand in a prudent manner consistent
with state law and the City of Gilroy Investment Policy adopted by the city council.
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Sec. 2.46. Administrative service - human resources and risk management -
Functions.
The Division of human resources and risk management shall be responsible for the
following functions:
(a) Attend meetings. Attend all meetings of the personnel commission and act as its
secretary .
(b) Ordinance. Cause to be prepared and the council shall adopt a human resources
ordinance which shall provide for the adoption by resolution of human resources rules
and a position classification and compensation plan for city employees.
( c) Administrator rules. Administer all human resources rules not specifically
reserved to the council.
(d) Human resources rules. Prepare and recommend to the council the adoption,
amendment, revision or repeal of such human resources rules as the personnel
commission may advise.
(e) Position classification plan. Maintain a position classification plan for city
employees and make such recommendations to the council for its improvement as the
personnel commission may advise.
(f) Compensation plan. Maintain a plan of compensation for city employees and
recommend such revisions to the council as the personnel commission may advise, or as
adopted by the council as a result of collective bargaining.
(g) Testsfor positions. Publish or post notices of test for positions in the classified
service; receive applications therefore; conduct the tests; certify to the person having the
power of appointment a list of all persons eligible for appointment to the appropriate
position in the classified service; or recommend that these services be performed under
contract.
(h) Human Resources history. Maintain appropriate human resources history records
of each employee and notify the city administrator and department head of dates for
performance evaluation and step increases in pay for those eligible for the same.
(i) Job requirement. Provide each new employee with information regarding his or
her job requirements.
(j) Employee benefits. Maintain a cost effective employee benefits program.
(k) Insurance and claims. Maintain appropriate insurance coverage and process all
insurance matters and claims against the city.
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(1) Other duties. Perform such other duties as may be required by the city
administrator and administrative services director.
Sec. 2.47. Administrative service - fleet - Functions.
The fleet division shall be responsible for the following functions:
(a) Coordinating the purchase of all city vehicles.
(b) Maintaining all city vehicles and other motorized equipment in safe operating
condition by appropriate preventative maintenance and repairs.
Sec. 2.48. Administrative service - facilities - Functions.
The facilities division shall be responsible for the following functions:
(a) Custodial services. Provide custodial services for all city offices and public
buildings as assigned to maintain clean and healthy facilities for city employees and the
public.
(b) Facilities maintenance. Provide safe and functional city public buildings and
facilities by appropriate maintenance, repairs and remodels.
Sec. 2.49. Administrative service - information technology - Functions.
The information technology division shall be responsible for the following functions:
(a) Coordinate the purchasing of all computer and network related hardware and
software. These include but are not limited to:
(1) Desktops, laptops and servers.
(2) Software running on these devices.
(3) Peripheral equipment (e.g. printers, scanners, etc.).
(4) Cabling or connectivity-related devices.
(5) Audio-visual equipment including projectors and telephones.
(b) Develop and maintain effective, reliable and secure information systems to
support city operations.
( c) Provide fast and reliable access to information systems.
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(d) Facilitate the collection, storage, security and integrity of electronic data while
ensuring appropriate access.
Sees. 2.50-2.52. Reserved.
ARTICLE VII. DEPARTMENT OF COMMUNITY SERVICES
Sec. 2.53. Creation.
The department of community services is hereby created.
Sec. 2.54. Community services director -- Appointment.
The community services director shall be the head and shall be appointed by the city
administrator with the consent of the council.
Sec. 2.55. Same--Powers and duties.
Under the direct supervision of the city administrator, the director plans, organizes,
administers, and directs the activities of a comprehensive community services
department, which includes recreation, golf course operations, public information,
environmental services, and the operations division which includes the streets, sewer,
trees, water, and parks and landscape sections.
Sec. 2.56. Same-- Functions.
The department of community services shall be responsible for the following
functions:
(a) Staffing. Provide staffing to the parks and recreation commission, youth
commission, library commission, arts and culture commission and to such other
commissions as may be appointed by the council.
(b) Recreation. The division of recreation shall have the following duties and
responsibilities:
(1) Recreation programs. Administer programs of public recreation for all age
groups, designed to encourage and maintain interest and participation by
individuals and by organizations, both public and private; utilize city
facilities and school facilities year round.
(2) Recreational activities. Administer and supervise the various recreational
activities sponsored by the city under contract or agreement with other
agencIes.
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(3) City museum. Administer and supervise the historic museum artifacts and
displays as well as historic or cultural activities of the city museum.
(4) Cultural and arts programs. Administer and supervise the various cultural
and arts facilities and programs sponsored by the city under contract or
agreement with other agencies.
(c) Golf course. The Gilroy Municipal Golf Course provides for public golf play,
instructions and golf equipment sales operated by independent concession and
management contracts.
(d) Public information. The public information office is responsible for keeping the
public well informed on city government related issues. This includes maintaining
operating equipment and positive relations with the media to communicate with the
Gilroy community and organizations. The office is also responsible for internal staff
communications such as an employee newsletter, and is a resource for internal visual,
written and graphic arts.
( e) Environment services. The environmental services section monitors and
improves the sustainability of the Gilroy environment through education, awareness and
management of resources including: energy and water conservation, solid waste
recycling, solid waste source reduction, and air quality programs.
(f) Operations.
(1) Streets
a. Maintain the city's streets and alley system in a state of good repair and in
safe condition;
b. Oversee a regular sweeping and cleaning schedule to keep the streets and
alleys in a clean and sanitary condition;
c. Perform all necessary cleaning and maintenance on public parking lots;
d. Perform such maintenance of parkways and medians as may be assigned;
e. Work in cooperation with other divisions and sections of the department as
assigned.
(2) Sanitary sewer/storm drain systems
a. Maintain and operate sanitary sewer and storm drain systems; including the
removal and prevention of stoppages and the making of any necessary repairs;
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b. Perform all authorized projects for the extensions, improvements and
betterments to the sewage disposal and storm drain systems, not let to private
contract;
c. Establish a program of annual maintenance of the sewer and storm drain
systems and keep appropriate records as required.
(3) Water system.
a. General water system. Operate and maintain the general water system for
supplying the requirements of the various water consumers of the city;
b. Pumping plants and reservoirs. Operate and maintain the pumping plants,
reservoirs, supply lines, central and storage valves of the system;
c. Fire hydrants. Maintain the general fire hydrant system of the city;
d. Construction. Perform all authorized construction projects for the extensions,
improvements and betterments to the water system, not let to private contract.
(4) Park and landscape maintenance.
a. Maintain the various parks of the city with landscaping and parkways;
b. Maintain lawn, shrubs, trees and parkways. Maintain and cultivate the lawns,
shrubs, trees, parkways and public landscaping around civic buildings and other
public areas;
c. Construction. Perform all authorized construction of landscaping and park
features not let to private contract.
(5) Urban Forestry. The urban forestry section is responsible for implementing
the city tree planting and maintenance program which contributes to the
beauty and healthy environment of Gilroy.
a. Implement and enforce the city tree ordinance and policies;
b. Ensure that appropriate street trees are planted along all of the city streets;
c. Provide routine and emergency tree maintenance for all street trees in the city.
Sees. 2.57-2.59. Reserved.
ARTICLE V1IL DEPARTMENT OF COMMUNITY DEVELOPMENT
See 2.60. Creation
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The department of community development is hereby created.
See 2.61. Community development director -- Appointment
The community development director shall be the head of the department of
community development and shall be appointed by the city administrator, with the
consent of the council.
Sec 2.62. Same -- Powers and Duties
Under the direct supervision of the city administrator, the director organizes and
administers the operations of the community development department, which involves
the activities of the engineering, planning, and building, life and environmental safety
divisions.
Sec. 2.63. Community development -- Function
The department of community development shall be responsible for the following
functions:
(a) Engineering:
(I) Public improvements. Supervise and perform the preparation of all required
plans and specifications relating to any and all public improvements,
including the designing, drafting and estimating;
(2) Staking, mapping and inspection. Provide the staking, mapping and
inspecting of work in progress in the field and perform other related work as
required;
(3) Changes on public lrorks projects. Engineer and process for approval any
essential changes on public works projects found to be necessary while work
is in progress;
(4) Filing of documents. Prepare and file all necessary permanent official maps,
records, reports, documents and data in connection with the completed work
as performed;
(5) Prepare documents. Prepare all the necessary forms, notices and contract
documents for public works and other projects to be let by bid and make
necessary reports for payment.
(6) Lands, easements and rights-of-way. Supervise and perform the acquisition
of all lands, easements and rights-of-way required by the city and maintain
suitable maps and records showing these holdings;
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(7) Subdivision maps and agreements. Certify approved subdivision maps,
prepare and process subdivision improvement agreements, and supervise,
coordinate and inspect the required installation;
(8) Contract services. Any of the above listed services may be performed under
contract with a public or private firm or agency.
(9) Public works and utilities. Supervise the construction of all the city's
infrastructure systems;
(10) Laws and regulations. Enforce the laws, ordinances and regulations relating
to work done in public streets, easements and rights-of-way, and administer
all rules and regulations governing the connection to and use of the sewer,
storm drain and water supply systems;
(11) Engineering work. Perform or direct all phases of public works engineering
work required in connection with the functions of the city;
(12) Contract work. Approve for acceptance after proper inspection all contract
work let by the city affecting streets/alleys, and the sewer, storm drain, or
water supply systems;
(13) Oversee all authorized construction projects for the extension, widening,
rebuilding or other improvements to the street or alley system;
(14) Oversee all authorized projects for the extensions, improvements and
betterments to the sewage disposal, storm drain, and water systems;
(15) Provide accurate infrastructure mapping and record keeping.
(b) Traffic:
( 1) Traffic devices. Provide for authorized installation of traffic-control signs
which includes traffic signals, stop signs, warning devices, center stripes on
streets and highways and pedestrian crosswalks;
(2) Traffic surveys. Conduct traffic analyses and surveys which includes the
taking of speed surveys, ascertaining traffic volume and making studies for
crash! collision prevention;
(3) Studies and recommendations. Make street system studies which includes
reports and recommendations as to the city's existing system and the need for
future street extensions, widening and new installations;
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(4) Coordination with police department. Coordinate activities with department
of police traffic safety functions;
(5) Contract services. Any of the above listed services may be performed under
contract with a public or private firm or agency, such contract to be signed by
the city administrator on behalf of the city with the advice of the community
development director.
(c) Building inspections and building plan review:
(1) Impect plans. Review and inspect all preliminary and final plans, drawings,
and tracings which are submitted for approval prior to the construction,
erection or alteration of any building or structure to insure compliance with
the applicable building, plumbing, electrical, mechanical, fire and other
pertinent codes adopted by the council;
(2) Issue permits. Issue the proper permits for the construction, erection or
alteration as specified in the approved plans;
(3) Make inspections. Make required inspections during the various stages of
work progress to insure that all construction meet the demands and
requirements of the applicable code;
(4) Condemn buildings. Condemn unsafe buildings and enforce the correction of
hazardous conditions, or cause their removal by the use of proper legal
procedure in accordance with the code for abatement of dangerous buildings
or other applicable laws;
(5) Licensing of contractors. Enforce all laws and ordinances relating to the
proper licensing of contractors and subcontractors;
(6) Maintain records. Maintain proper and adequate files and records as required.
(7) Inspections. Inspect new and existing businesses to assure compliance with
codes and business license procedures, including hazardous material permits.
(d) Housing and community development
(1) CDBG. Apply for and administer the federal community development
block grant for community support services, fair housing program
implementation, and activities promoting housing and economic development
opportunities for low income residents.
(2) Housing trust fund: Administer the housing trust funds for the creation
and maintenance of affordable housing, the development of housing
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opportunities for special needs populations, and homebuyer assistance
programs.
( e) Pretreatment programs:
( 1) Supervise the pretreatment program function under state law and pursuant to
South County Regional Wastewater Authority (SCRW A) Ordinance 93-1 and
Chapter 19 of this code, as those ordinances, laws and regulations may be
amended from time to time.
(t) Planning:
(1) General plan: Prepare and administer a general plan for the orderly
development of the city, including such precise plans and policy plan as may
be deemed essential.
(2) Studies and surveys: Conduct studies, surveys and other investigations
considered necessary to prepare for the city's future development.
(3) Subdivision review: Make recommendations, together with the division of
engineering, on the acceptability of proposed subdivisions and their
compliance with minimum requirements for public facilities, street and traffic
patterns, land use regulations and necessary dedications.
(4) Environment impacts: Consider and make recommendations on
environmental impacts of any plans and studies, pursuant to the California
Environmental Quality Act (CEQA). Review and make recommendations to
insure a high quality environment in and around the city. Administer the
environmental clearance and environmental impact report processes.
(5) Zoning ordinance: Administer the zoning ordinance together with the
building division, investigate and report on requests for variances, use permits
and applications for zoning changes.
(6 ) Planning commission: Provide all necessary staff assistance to the planning
commission, attend all meetings, and act as its secretary.
(7) Historic heritage committee {HHCj: Provide all necessary staff assistance to
the HHC, attend all meetings, and act as its secretary.
(8) Development applications: Administer and facilitate all development
applications outlined under the city's zoning ordinance.
(9) Code eriforcement: Administer and facilitate zoning ordinance and city
code research, field investigations, and enforcement duties.
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(10) Special studies: Administer and facilitate special studies and/or work
groups as directed by the city administrator and city council.
(g) Other duties. Perform such other duties as may be required by the city
administrator.
Sees. 2.64-2.66. Reserved.
ARTICLE IX. DEPARTMENT OF FIRE
Sec. 2.67. Creation.
The Department of Fire is hereby created.
Sec. 2.68. Fire chief or public safety director -- Appointment.
The department of tire shall be under the direct supervision of the tire chief, or if
management is merged with that of the department of police by council resolution then a
public safety director, who shall be appointed by the city administrator, with the consent
of the council.
Sec. 2.69. Same-Powers and duties.
In all cases where the duty is not expressly charged to any other department or office,
it shall be the duty of the tire chief or public safety director to protect life and property by
preventing and eliminating tires hazards and by controlling and extinguishing fires,
providing emergency medical services and those other services needed to protect the lives
and property ofthe community. It shall be the duty of the tire chief or public safety
director to manage the functions of the department of tire.
Sec. 2.70. Functions.
The department of fire shall perform the following functions:
(a) Fire protection and emergency response. Responsibilities and duties:
(1) Fire extinguishment. Extinguish all tires and protect persons, property and
the environment from fire or related emergencies.
(2) Rescue. Provide emergency rescue services to remove the public from
entrapments and associated harm.
(3) 1<-mergency medical services. Provide emergency response to protect the
public due to medical related emergencies
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(4) Other emergency response activities. Respond to other emergencies, such
as hazardous material incidents, earthquakes, etc., to protect the public,
property and environment.
(5) Enforce laws. Enforce all laws and ordinances relating to the prevention and
extinguishing of fires;
(6) Investigation. Investigate and report to the department of police in all cases
where there is reason to believe that any fire or other emergency is the result
of a crime or that a crime is committed in connection therewith;
(7) Maintain equipment. Maintain in efficient, operable condition the fire
fighting equipment and fire prevention systems and facilities assigned to the
department of fire;
(b) Fire prevention. Administer and enforce all ordinances and codes pertaining to:
(I) Inspection of buildings. Inspect buildings for fire safety, maintenance of
means of egress, and conduct school fire drills;
(2) }<ire prevention. Make frequent inspections of all property within the city, for
the maintenance of fire protection and elimination of fire hazards on land, in
buildings, structures and other property, including those under construction.
Review and inspect the installation and maintenance of automatic, manual and
other private fire alarm systems and fire -extinguishing equipment;
(3) Abatement. Cause the abatement or removal of fire hazardous buildings,
litter, junk, uncultivated weeds and shrubs and other hazardous conditions.
(4) Hazardous materials. Regulate the use, handling and storage of hazardous
materials and waste in the city. Investigate unauthorized releases of
hazardous materials.
( c) Training. This shall be under the supervision of the fire chief or public safety
director who shall promote the proficiency of the department's members by the
administration of training, study and physical conditioning programs.
(d) Volunteer personnel. They shall be under the supervision of the fire chief or
public safety director. These personnel shall be subject to the rules and regulations of the
fire department insofar as they are in conformance with the provisions of the Charter,
ordinances and rules and regulations adopted by the council. The following shall be the
responsibility and duty of the fire chief or public safety director:
(1) Recruiting. Recruit such volunteers and auxiliary personnel as may
reasonably be required to augment regular department of fire personnel.
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(2) Training. Develop such courses of training so as to develop the etliciency
and abilities of the volunteer firefighters so that they are of assistance to the
department of fire in the event of emergency.
(e) Records. It shall be the responsibility and duty of the fire chief or public safety
director to keep standard records of inspections, fires, fire losses and all other activities of
the department and submit quarterly reports thereof to the city administrator.
(t) Divisions and command staff
(1) Field operations division. The chief of this division will develop and
implement division goals, objectives, policies, and procedures, develop and
administer a budget, direct associated departmental activities including
personnel, fire suppression, rescue and special operations, emergency
preparedness, communications, fire investigation and prevention activities,
fire station and apparatus maintenance, supervise the emergency response and
operational readiness of a platoon of personnel as assigned, and may assume
command of the department of fire in the absence of the fire chief
(2) Training and education division. The chief of this division will develop and
implement division goals, objectives, policies, and procedures, develop and
administer a budget, direct associated departmental activities including
personnel, department safety program, recruitment and promotional activities,
probationary testing certification, employee physical fitness and wellness,
manage the department training and public education program, coordinate
training activities, paid-call firefighter and volunteer programs, personal
protective equipment and respiratory protection, supervise the emergency
response and operational readiness of a platoon of personnel as assigned, and
may assume command of the department of fire in the absence of the fire
chief
(3) Emergency medical services division. The chief of this division will develop
and implement division goals, objectives, policies, and procedures, develop
and administer a budget, direct associated departmental activities including
personnel, manage the paramedic and EMS programs, EMS patient transport
operations, EMS contract compliance and reporting, EMS training, testing,
and certification, EMS equipment and supplies, public access defibrillation
program, supervise the emergency response and operational readiness of a
platoon of personnel as assigned, and may assume command of the
department of fire in the absence of the fire chief
Sees. 2.71-2.74. Reserved.
ARTICLE X. DEPARTMENT OF POLICE
Sec. 2.75. Creation.
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The department of police is hereby created.
Sec. 2.76. Chief of police or public safety director - Appointment.
The department of police shall be under the direct supervision of a police chief, or if
management is merged with that of the department of fire by council resolution then a
public safety director, who shall be appointed by the city administrator, with the consent
of the council.
Sec. 2.77. Same - Powers and duties.
In all cases where the duty is not expressly charged to any other department or office,
it shall be the duty of the police chief or public safety director to act to preserve the peace
and maintain law and order in the city. It shall be the duty of the police chief or public
safety director to manage the functions of the department of police.
Sec. 2.78. Functions.
The department of police shall perform the following functions:
(a) Police operations. The responsibilities and duties of this division shall be to:
(1) Exercise all powers that are now or may hereafter be conferred upon the
police chief and other police officers for keeping the citizenry secure in their
persons or property;
(2) Control nuisances, prevent disorderly conduct and keep the peace;
(3) Enforce the general laws and ordinances of the city, county and state;
(4) Investigate complaints, interrogate suspected persons, apprehend felons,
secure warrants, book prisoners, examine and present valid evidence to the
courts;
(5) Patrol assigned areas of the city, operate the radar unit, issue citations, make
arrests, inform the community development director of any inoperative or
damaged street lights, signs, traffic-control devices and structures, and
perform related services as required;
(6) Make accident investigation and reports for the correction of traffic hazards,
patrol streets, alleys and highways, and enforce traffic laws;
(7) Enforce the city ordinance pertaining to animal regulation and control,
impound stray animals, remove and dispose of dead and injured animals from
streets or public places and remove and dispose of dead and injured animals
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from streets or public places in according with the animal control ordinance
found in Chapter 4 of this code.
(8) Perform other duties as may be appropriate to this division.
(b) Support services. The responsibilities and duties of this division shall be to:
( I) Establish, maintain and supervise a crime prevention program utilizing all the
best methods and modem techniques for eliminating conditions conducive to
the commission of crime, especially among juveniles; promote and support all
worthwhile activities which encourage observance of law and high standards
of good citizenship.
(2) Keep such records of police activity as may be deemed necessary by the
police chief or public safety director, or required by the council and maintain
report and record files of the disposition of cases; such records shall be open
to persons having proper interest there in provided that such inspection shall
be in conformity with the specific provisions of the various state codes.
(3) Maintain a public safety dispatch center to receive emergency and non-
emergency requests for public safety services.
(4) Promote the proficiency of the department's members by the administration
of training, study and physical conditioning programs. Training shall be under
the direct supervision of the police chief or public safety director.
(5) Supervise the jail and prisoners in conformity with the specific provisions of
the various state codes.
(6) Maintain property and evidence.
Sec. 2.79. Reserved.
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2005-24 is an original ordinance, or a true and correct copy of a city ordinance,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
21 st day of November, 2005, at which meeting a quorum was present, and has been published or
posted pursuant to law.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 11 th day of January, 2006.
../.J.).
L/fWJlitZ J~ ([~i'
City Clerk of the City of Gilroy
(Seal)