Chapter 2
ADMINISTRATION1

Sections:

ARTICLE I. IN GENERAL

2.1    Administrative organization.

2.2    Powers and duties of department heads.

2.3    Commissions—Establishment.

2.4    Same—Qualifications and terms of members.

2.5    Same—Powers and duties of members.

2.6    Same—May utilize services of city personnel.

2.7    City policies.

2.8    Bond—Officers to be bonded; amount.

2.9    Same—Provision as to public employees; amount.

2.10    Same—Amount of indemnification; payment of premiums; execution.

2.11    Reserved.

ARTICLE II. CITY COUNCIL

2.12    Powers and duties.

2.13    Regular meetings.

2.14    Special meetings.

2.15    Council chambers.

2.16    Council agenda.

2.17    Presiding officer—Mayor.

2.18    Same—Mayor pro tempore.

2.19    Conduct of meeting.

2.20    Quorum.

2.21    Order of business.

2.22    Rules of order/debate.

2.23    Addressing the council—After motion made.

2.24    Same—Manner.

2.25    Voting.

2.26    Adjournments—Generally.

2.27—

2.29    Reserved.

2.30    Administrative procedures.

ARTICLE III. CITY ADMINISTRATOR

2.31    Creation of office.

2.32    Powers and duties.

2.33    Reserved.

ARTICLE IV. CITY CLERK

2.34    Creation of office.

2.35    Powers and duties.

2.36    Reserved.

ARTICLE V. CITY ATTORNEY

2.37    Creation of office.

2.38    Powers and duties.

2.39    Reserved.

ARTICLE VI. DEPARTMENT OF ADMINISTRATIVE SERVICES

2.40    Creation.

2.41    Administrative services director—appointment.

2.42    Same—Powers and duties.

2.43    Administrative service—Finance division; functions.

2.44    Same—City treasurer; appointment.

2.45    City treasurer—Power and duties.

2.46    Administrative service—Human resources and risk management; functions.

2.47    Administrative service—Fleet; functions.

2.48    Administrative service—Facilities; functions.

2.49    Administrative service—Information technology; functions.

2.50—

2.52    Reserved.

ARTICLE VII. DEPARTMENT OF COMMUNITY SERVICES

2.53    Creation.

2.54    Community services director—Appointment.

2.55    Same—Powers and duties.

2.56    Same—Functions.

2.57—

2.59    Reserved.

ARTICLE VIII. DEPARTMENT OF COMMUNITY DEVELOPMENT

2.60    Creation.

2.61    Community development director—Appointment.

2.62    Same—Powers and duties.

2.63    Community development—Function.

2.64—

2.66    Reserved.

ARTICLE IX. DEPARTMENT OF FIRE

2.67    Creation.

2.68    Fire chief or public safety director—Appointment.

2.69    Same—Powers and duties.

2.70    Functions.

2.71—

2.74    Reserved.

ARTICLE X. DEPARTMENT OF POLICE

2.75    Creation.

2.76    Chief of police or public safety director—Appointment.

2.77    Same—Powers and duties.

2.78    Functions.

2.79    Reserved.

ARTICLE XI. SPECIAL GAS TAX STREET IMPROVEMENT FUND

2.80    Creation.

2.81    Payments into fund.

2.82    Expenditures.

ARTICLE XII. CAPITAL OUTLAY PUBLIC SAFETY FUND

2.83    Establishment; purpose.

2.84    Deposits.

2.85    Expenditures.

ARTICLE XIII. PARKS AND RECREATION DEVELOPMENT FUND

2.86    Establishment; purpose; deposits.

2.87    Definitions.

2.88    Fees; applicability, amount, when paid.

2.89    Dedication of land in subdivision in lieu of fee.

2.90    Expenditures.

ARTICLE I. IN GENERAL

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

City administrator

 

Office of the city clerk

City clerk

 

Office of the city attorney

City attorney

City operations

Administrative services

Administrative services director

 

Community services

Community services director

 

Community development

Community development director

 

Fire

Fire chief

 

Police

Police chief

(Ord. No. 2005-24, § 1, 11-21-05)

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:

(1) 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.

(2) To make recommendations regarding recruiting, disciplining and discharging of departmental personnel in accordance with the personnel rules and regulations of the city.

(3) To transfer or reallocate personnel from one division to another in accordance with the personnel rules and regulations of the city.

(4) 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.

(5) To administer the departmental budget and permit no purchase requisitions to be issued or other expense incurred, unless an appropriation therefor has been duly authorized.

(6) To attend meetings of the council when required.

(7) To attend meetings of their respective boards and commissions.

(8) To carry on an active public relations program for their respective services.

(9) 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.

(10) 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. (Ord. No. 2005-24, § 1, 11-21-05)

2.3 Commissions—Establishment.

The following commissions are established by the Charter:

Name

Members

Planning commission

7

Personnel commission

5

Parks and recreation commission

7

Library commission

5

Arts and culture commission

7

(Ord. No. 2005-24, § 1, 11-21-05)

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. (Ord. No. 2005-24, § 1, 11-21-05)

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:

(1) To utilize all appropriate techniques in crystallizing and testing public sentiment on major public issues in their respective fields.

(2) To hold official hearings as requested by the city council.

(3) To advise and recommend on city policies and procedures pertinent to their respective activities and functions.

(4) To support and adhere to all city policies promulgated by the council, and to establish interim policies in the absence of such city policies.

(5) To provide information and promote good public relations between the city and the general public.

(6) To perform such other related functions as may be assigned by the city council. (Ord. No. 2005-24, § 1, 11-21-05)

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. (Ord. No. 2005-24, § 1, 11-21-05)

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. (Ord. No. 2005-24, § 1, 11-21-05)

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. (Ord. No. 2005-24, § 1, 11-21-05)

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. (Ord. No. 2005-24, § 1, 11-21-05)

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 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. (Ord. No. 2005-24, § 1, 11-21-05)

2.11 Reserved.

ARTICLE II. CITY COUNCIL

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. (Ord. No. 2005-24, § 1, 11-21-05)

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 6:00 p.m. Whenever the day fixed for any regular meeting of the council falls upon a day designated by law as a legal or national holiday, such meeting shall be held at the same hour on the next Monday. If said Monday is also a legal or national holiday, the council meeting shall be held on the next weekday not a holiday following said Monday.

Notwithstanding the above, at least one regular council meeting shall be held in July. The date of the first regular meeting shall be held on the first day of July not a holiday and excluding Friday, Saturday or Sunday.

(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. of the Government Code. (Ord. No. 2005-24, § 1, 11-21-05; Ord. No. 2011-01, § 1, 1-10-11; Ord. No. 2013-13, § 1, 12-2-13)

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. (Ord. No. 2005-24, § 1, 11-21-05)

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. (Ord. No. 2005-24, § 1, 11-21-05)

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. (Ord. No. 2005-24, § 1, 11-21-05)

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. (Ord. No. 2005-24, § 1, 11-21-05)

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. (Ord. No. 2005-24, § 1, 11-21-05)

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. (Ord. No. 2005-24, § 1, 11-21-05)

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. (Ord. No. 2005-24, § 1, 11-21-05)

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. (Ord. No. 2005-24, § 1, 11-21-05)

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. (Ord. No. 2005-24, § 1, 11-21-05)

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. (Ord. No. 2005-24, § 1, 11-21-05)

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. (Ord. No. 2005-24, § 1, 11-21-05)

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. (Ord. No. 2005-24, § 1, 11-21-05)

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 meetings from which such adjournments were taken and shall be deemed to be a continuation of the meeting from which the adjournment was taken. (Ord. No. 2005-24, § 1, 11-21-05)

2.27—2.29 Reserved.

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. (Ord. No. 2005-24, § 1, 11-21-05)

ARTICLE III. CITY ADMINISTRATOR

2.31 Creation of office.

The office of city administrator is established by the Charter. (Ord. No. 2005-24, § 1, 11-21-05)

2.32 Powers and duties.

The powers, duties and responsibilities of the city administrator shall be as set forth in the Charter. (Ord. No. 2005-24, § 1, 11-21-05)

2.33 Reserved.

ARTICLE IV. CITY CLERK

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. (Ord. No. 2005-24, § 1, 11-21-05)

2.35 Powers and duties.

The powers and duties of the city clerk shall be set forth in the Charter. (Ord. No. 2005-24, § 1, 11-21-05)

2.36 Reserved.

ARTICLE V. CITY ATTORNEY

2.37 Creation of office.

The office of city attorney is established by Charter. (Ord. No. 2005-24, § 1, 11-21-05)

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. (Ord. No. 2005-24, § 1, 11-21-05)

2.39 Reserved.

ARTICLE VI. DEPARTMENT OF ADMINISTRATIVE SERVICES

2.40 Creation.

The department of administrative services is hereby created. (Ord. No. 2005-24, § 1, 11-21-05)

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. (Ord. No. 2005-24, § 1, 11-21-05)

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. (Ord. No. 2005-24, § 1, 11-21-05)

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;

(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.

(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 therefor.

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. (Ord. No. 2005-24, § 1, 11-21-05)

2.44 Same—City treasurer; appointment.

The city treasurer shall be appointed by the city administrator with the consent of the city council. (Ord. No. 2005-24, § 1, 11-21-05)

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. (Ord. No. 2005-24, § 1, 11-21-05)

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) Tests for 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.

(l) Other Duties. Perform such other duties as may be required by the city administrator and administrative services director. (Ord. No. 2005-24, § 1, 11-21-05)

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. (Ord. No. 2005-24, § 1, 11-21-05)

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. (Ord. No. 2005-24, § 1, 11-21-05)

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.

(d) Facilitate the collection, storage, security and integrity of electronic data while ensuring appropriate access. (Ord. No. 2005-24, § 1, 11-21-05)

2.50—2.52. Reserved.

ARTICLE VII. DEPARTMENT OF COMMUNITY SERVICES

2.53 Creation.

The department of community services is hereby created. (Ord. No. 2005-24, § 1, 11-21-05)

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. (Ord. No. 2005-24, § 1, 11-21-05)

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. (Ord. No. 2005-24, § 1, 11-21-05)

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.

(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;

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. (Ord. No. 2005-24, § 1, 11-21-05)

2.57—2.59 Reserved.

ARTICLE VIII. DEPARTMENT OF COMMUNITY DEVELOPMENT

2.60 Creation.

The department of community development is hereby created. (Ord. No. 2005-24, § 1, 11-21-05)

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. (Ord. No. 2005-24, § 1, 11-21-05)

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. (Ord. No. 2005-24, § 1, 11-21-05)

2.63 Community development—Function.

The department of community development shall be responsible for the following functions:

(a) Engineering:

(1) 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 Works 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;

(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;

(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) Inspect 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 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 (SCRWA) Ordinance 93-1 and chapter 19 of this Code, as those ordinances, laws and regulations may be amended from time to time.

(f) 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 (HHC). 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 Enforcement. Administer and facilitate zoning ordinance and city code research, field investigations, and enforcement duties.

(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. (Ord. No. 2005-24, § 1, 11-21-05)

2.64—2.66 Reserved.

ARTICLE IX. DEPARTMENT OF FIRE

2.67 Creation.

The department of fire is hereby created. (Ord. No. 2005-24, § 1, 11-21-05)

2.68 Fire chief or public safety director—Appointment.

The department of fire shall be under the direct supervision of the fire 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. (Ord. No. 2005-24, § 1, 11-21-05)

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 fire chief or public safety director to protect life and property by preventing and eliminating fires hazards and by controlling and extinguishing fires, providing emergency medical services and those other services needed to protect the lives and property of the community. It shall be the duty of the fire chief or public safety director to manage the functions of the department of fire. (Ord. No. 2005-24, § 1, 11-21-05)

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 fires 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) Emergency Medical Services. Provide emergency response to protect the public due to medical related emergencies.

(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:

(1) Inspection of Buildings. Inspect buildings for fire safety, maintenance of means of egress, and conduct school fire drills;

(2) Fire 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.

(2) Training. Develop such courses of training so as to develop the efficiency 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.

(f) 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. (Ord. No. 2005-24, § 1, 11-21-05)

2.71—2.74 Reserved.

ARTICLE X. DEPARTMENT OF POLICE

2.75 Creation.

The department of police is hereby created. (Ord. No. 2005-24, § 1, 11-21-05)

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. (Ord. No. 2005-24, § 1, 11-21-05)

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. (Ord. No. 2005-24, § 1, 11-21-05)

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 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:

(1) Establish, maintain and supervise a crime prevention program utilizing all the best methods and modern techniques for eliminating conditions conducive to the commission of crime, especially among juveniles; promote and support all worthwhile activities which encourage observance of law and high standards of good citizenship.

(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. (Ord. No. 2005-24, § 1, 11-21-05)

2.79 Reserved.

ARTICLE XI. SPECIAL GAS TAX STREET IMPROVEMENT FUND

2.80 Creation.

There is hereby created in the city treasury a special fund to be known as the Special Gas Tax Street Improvement Fund. (Ord. No. 2005-24, § 2, 11-21-05)

2.81 Payments into fund.

All moneys received by the city from the state under the provisions of the Streets and Highways Code for the acquisition of real property or interests therein, or for the construction, maintenance or improvement of streets or highways other than state highways shall be paid into the fund provided in the preceding section. (Ord. No. 2005-24, § 2, 11-21-05)

2.82 Expenditures.

All moneys in the fund established by section 2.64 shall be expended exclusively for the purposes authorized by, and subject to, applicable provisions of the Streets and Highways Code. (Ord. No. 2005-24, § 2, 11-21-05)

ARTICLE XII. CAPITAL OUTLAY PUBLIC SAFETY FUND

2.83 Establishment; purpose.

There is hereby established by the city council a fund to be known and designated as the capital outlay fund for public safety for the purpose of providing money for capital expenditures for public safety facilities in the city. (Ord. No. 2005-24, § 3, 11-21-05)

2.84 Deposits.

There shall be deposited in the capital outlay public safety fund all fees assessed to and collected from developers for the purpose of funding necessary public safety capital improvements required by the impact of new development. Such fees shall be fixed from time to time by council resolution based on calculations of such capital costs required by new development in the city. Such fees shall be collected upon issuance of the building permit. (Ord. No. 2005-24, § 4, 11-21-05)

2.85 Expenditures.

The moneys in the capital outlay public safety fund, shall be expended only for equipment and facilities and other capital purposes for the department of fire and department of police. (Ord. No. 2005-24, § 3, 11-21-05)

ARTICLE XIII. PARKS AND RECREATION DEVELOPMENT FUND2

2.86 Establishment; purpose; deposits.

There is hereby established by the city council a fund to be known and designated as the parks and recreation development fund, formerly known as the capital recreation development fund, formerly known as the capital outlay recreation fund, for the purpose of providing money for capital expenditures for recreational facilities in the city. The continued increase in the development of dwelling, commercial and industrial units in the city with the attendant increase in the population of the city has created an urgent need for the planning, acquisition, improvement and expansion of public parks, playgrounds and recreation facilities to serve the increasing population of the city and the means of providing additional revenues with which to finance such public facilities. There shall be deposited in the fund and made a part thereof, such sums as may, from time to time, be collected under the provisions of this article. (Ord. No. 2005-24, § 4, 11-21-05)

2.87 Definitions.

Except where the context otherwise requires, the definitions given in this section govern the construction of this article.

“Dwelling unit” means each single-family dwelling and each unit of an apartment, duplex, multiple-dwelling structure or trailer designed as a separate habitation for one or more persons.

“Person” means every person, firm or corporation constructing a dwelling, commercial and/or industrial unit itself or through the services of an employee, agent or independent contractor. (Ord. No. 2005-24, § 4, 11-21-05)

2.88 Fees; applicability, amount, when paid.

The fees imposed by this article shall be applicable to every dwelling, commercial and industrial unit constructed in the city from and after the effective date of this article. Every person constructing any dwelling, commercial and industrial unit in the city shall pay fees to the city in such rates and amounts as are established by council resolution. The fees imposed by this section shall be due and payable upon application to the city for a building permit for the construction of any such dwelling unit; provided, however, that there shall be a refund of such fees in the event the building permit is not approved or is not used for such construction. (Ord. No. 2005-24, § 4, 11-21-05)

2.89 Dedication of land in subdivision in lieu of fee.

In the case of subdivisions of land within the city, maps of which are approved by the council after this article becomes effective, the subdivider, owner or developer of the subdivision may offer to the city for dedication a portion of the subdivision for use for public park and recreational purposes in lieu of the fee hereinbefore provided for to be assessed against each dwelling thereafter constructed upon lots in the subdivision, and if the dedication is accepted by the city council in lieu of the fee, then the property so dedicated shall be used for park and recreational purposes, and no dwelling thereafter constructed in the subdivision shall be subject to the fee provided for in this article. (Ord. No. 2005-24, § 4, 11-21-05)

2.90 Expenditures.

The moneys in the parks and recreation development fund, shall be expended only for equipment and facilities and other capital purposes in connection with any recreation program or undertaking for the people of the city or any group thereof. (Ord. No. 2005-24, § 4, 11-21-05)


1

Prior legislation: Ord. Nos. 124, 412, 610, 621, 624, 627, 781, 76-10, 78-5, 81-33, 84-5, 84-8, 86-19, 88-7, 91-14, 91-23, 93-13, 94-18, 95-9, 98-5 and 2004-06.

    Cross references—Salaries, vacations, holidays, etc., of city employees generally, Ch. 17.


2

Editor’s note: The editor has changed the section numbering of this article from that set out in section 4 of Ord. No. 2005-24 in order to simplify the numbering.