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Resolution 1996-44 . . RESOLUTION NO. 96-44 A RESOLUTION OF. THE CITY COUNCIL OF THE CITY OF GILROY CALLING A SPECIAL MUNICIPAL ELECTION FOR THE PURPOSES OF SUBMITTING TO THE ELECTORS OF THE CITY AMENDMENTS TO THE CITY CHARTER; REQUESTING CONSOLIDATION OF ELECTIONS WITH THE GENERAL ELECTION TO BE HELD NOVEMBER 5, 1996; AND REQUESTING SERVICES OF THE REGISTRAR OF VOTERS. WHEREAS, Section 1401 of the Charter of the City of Gilroy provides that a Special Municipal Election may be held in accordance with the Elections Code of the State of California; and WHEREAS, the City Council desires to submit to the qualified electors of the City of Gilroy certain measures which propose to amend the Charter of the City by deleting Section 903 in its entirety and amending Sections 611, 904, 906 and 907 of the Charter as said proposals were adopted by the City Council at its duly noticed and regular meeting on June 24, 1996. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GILROY as follows: Section 1. A Special Municipal Election is hereby called in the City of Gilroy to be held on November 5, 1996, at which election there will be submitted to the qualified electors of said City measures proposing to amend the Charter of the City as set forth in Sections 2, 3, 4, 5 and 6 below. Section 2. The form of Measure ] , proposed by resolution of the City Council to delete an obsolete reference in the Charter of the City of Gilroy, as the same is to appear on the ballot is as follows: CITY OF GILROY MEASURE MEASURE [ ]: CHARTER AMENDMENT. Shall the City Charter be amended to delete Section 903, an obsolete procedural reference to the election of 1960 that YES terminated the terms of office of members of boards and commissions in existence at that NO time? IRPJ\310968.01 63-062704706002 -1- RESOLUTION 96-44 . . [Spanish translation of same.] Section 3. The form of Measure ] , proposed by resolution of the city Council to update Section 611 of the City Charter, as the same is to appear on the ballot is as follows: MEASURE [ ]: CHARTER AMENDMENT Shall Section 611 of the City Charter be amended to allow the City to update the YES penal ties imposed when the City prosecutes misdemeanor violations of its ordinances to NO the maximum extent allowed by law? [Spanish translation of same.] Section 4. The form of Measure ] , proposed by resolution of the City Council to amend Section 904 of the City Charter, as the same is to appear on the ballot is as follows: MEASURE [ ]: CHARTER AMENDMENT Shall Section 904 of the City Charter be amended to authorize the Secretary of any YES City board or commission, in addition to the City Clerk, to perform certain NO administrative tasks for that board or commission, and to further allow any City board or commission to make recommendations by a majority vote of a quorum of the board or commission while continuing to require a maj ori ty vote of the entire membership of any City board or commission to take final actions? [Spanish translation of same.] Section 5. The form of Measure [ ], proposed by resolution of the City Council to update Section 906 of the City Charter, as the same is to appear on the ballot is as follows: MEASURE [ ]: CHARTER AMENDMENT Shall Section 906 of the City Charter be amended to simplify the obligation of the YES Planning Commission to annually review and recommend to the City Administrator and NO Council the five year Capital Improvement Budget? [Spanish translation of same.] IRPJ\310968 01 62.()61904706002 -2- RESOLUTION 96-44 . . Section 6. The form of Measure [ ], proposed by resolution of the city Council to update Section 907 of the city Charter, as the same is to appear on the ballot is as follows: MEASURE [ ]: CHARTER AMENDMENT Shall Section 907 of the City Charter be YES updated and amended to delete obsolete duties of the Personnel Commission while NO continuing to require the Commission to advise the City on personnel matters and hear appeals of employees in disciplinary actions? [Spanish translation of same.] Section 7. Pursuant to Section 9280 of the Elections Code, the City Clerk is directed to transmit a copy of this resolution to the City Attorney for preparation of an impartial analysis of the ballot measures showing the effect of the measures on existing law and the operation of the measures. Section 8. The City Council hereby requests, consents to and orders that the Special Municipal Election be consolidated with the general election to be held on November 5, 1996, and that upon consolidation, the election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, election supplies provided, polls opened and closed, ballots opened and returned, returns canvassed and certified to the Council, and all other proceedings in connection with the election be regulated and done by the Registrar of Voters of the County of Santa Clara. Said election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. Section 9. Pursuant to Section 10403 of the Elections Code, the City Clerk is hereby directed to file with the Board of Supervisors and the Registrar of Voters of the County of Santa Clara certified copies of this Resolution at least eighty-eight (88) days prior to the herein referenced general municipal election. IRPJ\310968.01 62.()61904706002 -3- RESOLUTION 96-44 . . Section 10. The City Clerk is hereby directed to publish the Notice of said Election as required by Section 12109 of the Elections Code. PASSED AND ADOPTED this 24th day of June, 1996 by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, VALDEZ, GAGE NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None APPROVED: Do~~e~~~ IRPJ\310968.01 62.()61904706002 -4- RESOLUTION 96-44 meeting of said Council held on the 24th day of June 19~, . . I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 96-44 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the I . Official Seal of the City of Gilroy this 28th 19 96. day of June i.' (Seal)