Ordinance 2014-10ORDINANCE NO. 2014-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY AMENDING PROVISIONS WITHIN CHAPTER 21
OF THE GILROY CITY CODE ENTITLED "CITY
SUBDIVISION CODE"
WHEREAS, the California Constitution, Article XI, Section 7, confers on the City of Gilroy
( "City ") the power to make and enforce within its limits all local, police, sanitary and other
ordinances and regulations not in conflict with general laws; and
WHEREAS, pursuant to the provisions of the California Subdivision Map Act (Government
Code Section 66410 et seq.), and pursuant to other regulations provided by law, the regulations
contained in Chapter 21 of the Gilroy City Code ( "City Subdivision Code ") apply to all subdivisions
made of land wholly or partially within the City and to the preparation of subdivision maps thereof
and to other maps provided for by the Subdivision Map Act; and
WHEREAS, Section 21.77 of the City Subdivision Code provides that if any improvements
be not completed to the satisfaction of the city council before the final map of subdivision is
recorded or filed, the developer shall, prior to the approval by the city council of the final map, enter
as contractor into an agreement with the city whereby, in consideration of the acceptance by the city
of the dedications offered on the final map and the approval of the final map, the developer, as such
contractor, agrees to furnish all necessary equipment and material and to complete such work within
the time specified in such agreement; and
WHEREAS, Section 21.78 of the City Subdivision Code provides that such an improvement
agreement shall be accompanied by a faithful performance bond guaranteeing the faithful
performance of all work, the inspection of which is the duty of the city engineer, in a penal sum
which, in the opinion of the city council, equals the cost thereof; and
WHEREAS, Section 21.80 of the City Subdivision Code provides that in lieu of any required
faithful performance bond, the developer may deposit with the city council a sum of money or
TMOR LL1047 6 ORDINANCE NO.2014 -10
TMORELL104706002
negotiable bonds equal to the required amount of such bond as security for the faithful performance
thereof; and
WHEREAS, this Ordinance is exempt from environmental review pursuant to Section
15061(b)(3) of the State Guidelines implementing the California Environmental Quality Act of 1970,
as amended.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
Section 21.80 of the City Subdivision code entitled "A sum of money or negotiable bonds may be
substituted for performance bond" is hereby deleted in its entirety and is hereby replaced to read as
follows:
21.80 Alternative security for performance bond.
In lieu of any faithful performance bond required by this article, the developer may deposit
with the city council a sum of money or negotiable bonds equal to the required amount of such bond
as security for the faithful performance thereof, or deliver any other form of security permitted under
the Subdivision Map Act for such an undertaking, provided that such alternative form of security is
approved in advance by the city engineer.
SECTION II
If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance is for any
reason held to be unconstitutional or otherwise void or invalid by any court of competent
jurisdiction, the validity of the remaining portion of this Ordinance shall not be affected thereby.
Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full
force and effect thirty (30) days from and after the date of its adoption.
PASSED AND ADOPTED this 4t` day of August, 2014 by the following roll call vote:
AYES: COUNCILMEMBERS: ARELLANO, AULMAN, BRACCO, LEROE-
MUNOZ, TUCKER, and GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: WOODWARD
TMORE°s °45s�� ORDINANCE NO.2014 -10
TMORELL104706002
I_1»:Zelyl a
J
Donald Gage, Mayor
ATTEST:
4829- 6709.0459v1
TMORELL104706002
ORDINANCE NO. 2014-10
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2014 -10 is an original ordinance, or 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 4t' day of August, 2014, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 6'" day of August, 2014.
pia Freels, MMC
Clerk of the City of Gilroy
(Seal)