Charter Amendment - November 1996
RECORDING REQUESTED BY:
City of Gilroy
WHEN RECORDED, MAIL TO:
Rhonda Pellin, City Clerk
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
DOCUMENT: 16403136 Titles: 1/ Pages: 9
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-0018403138-
Fees,. ,* No Fees
Taxes,
Copies.
AMT PAID
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
F i I ed at the request of
City
ROE ** 010
8/05/2002
3:02 PM
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
Certification and Authentication
For Copies of Text of
Charter Proposals
For November, 1996
7351 Rosanna Street
Gilroy, California
95020.6197
City (408) 846-0400
Residence (408) 842-0693
City Fax (408) 846-0500
Home Fax (408) 847.7931
EMail: springert@aol.com
http://www.ci.gilroy.ca.us
((it!' of ~ilro!,
TOM SPRINGER
MAYOR
CERTIFICATION AND AUTHENTICATION
for
COPIES OF TEXT OF CHARTER PROPOSALS
I, Thomas W. Springer, Mayor ofthe City of Gilroy, under penalty of perjury do hereby
certify as follows:
That on the 3rd day of November, 1998, an election was held in the City of Gilroy
submitting Charter amendments to the electors and ratified by them. Attached are copies of the
revised text of the Charter amendments as ratified by the electors.
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Rhonda Pellin, City Clerk
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Isl Thomas W. Springerc'
Mayor, City of Gilroy
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(Seal)
(Per Government Code Section 34460)
Charter Changes - 1998
Section 800. City Administrative Organization. The Council shall provide by ordinance, not
inconsistent with this Charter, for the organization, conduct and operation of the several offices~
departments and other ageBcies of the City. It may further provide by ordinance for the creation of
additional departments, divisions, offices and agencies or for their alteration or abolition or for their
assignment and reassignment to departments. Each new department so created shall be headed by
an officer as department head who shall be appointed and removed by the City Administrator with
the consent of the Council. Subject to the provisions of this Cl1arter) the Council shall' provide'by.
ordinance or resolution for the number, titles, qualifications, powers, duties and compensation of all
officers and employees.
The Council by ordinance may assign additional functions or duties to officers, departments or
other agencies established by this Charter, but shall not discontinue or assign to any other office,
department, or any other agency any function or duty assigned by this Charter to a particular office,
department or agency. When the positions are not incompatible, the Council may combine in one
person the powers and duties of two (2) or more offices.
The administrative code of the City shall provide for a complete plan of administrative
organization of the City government, and provide for the powers, duties, responsibilities, obligations
and procedures of the officers and employees of the City, including rules and regulations of the City
departments adopted by ordinance.
Rules and regulations governing administrative procedures of the City government, such as those
covering personnel, budgeting, accounting and purchasing methods, shall be included in the
administrative code. The code shall be amended by ordinance as necessary or advisable to keep it up
to date. Sufficient copies shall be available for all officers of the City and other interested citizens.
Notwithstanding the foregoing, the Council may transfer or consolidate functions of the City
government, to or with appropriate functions of the State or County government, and in case of any
such transfer or consolidation, the provisions of this Charter providing for the function of the City
government so transferred or consolidated shall be deemed suspended during the continuance Qf such
transfer or consolidation, to the extent that such suspension is made necessary or convenient and is
set . forth in the ordinance establishing such transfer or consolidation. Any such transfer or
consolidation may be repealed by ordinance. (Amended by vote of the electors on November 3,
1998)
Section 811. Discrimination. Except as otherwise provided by the general laws of this State
heretofore or hereafter enacted, no person employed by the City or seeking employment therewith
shall be employed, refused employment, promoted, demoted, disciplined or discharged or in any way
favored or discriminated against because of political opinion or affiliations or membership in a lawful
employees association or because of race, color, religion, gender, national origin, age, sexual
orientation, physical or mental disability or veteran status. (Amended by vote of the electors on
November 3, 1998)
Section 1000. Competitive and General Service. The Administrative Service of the City shall
be divided into the General Service and the Competitive Service.
(a) The General Service shall comprise the following offices and positions:
(1) All elective offices;
(2) All members ofboai-ds and commissions;
(3) The City Administrator and his deputies, if any, the City Clerk, the City Attorney and
his deputies, if any, and the head of each department; . ,
(4) Persons employed for a special or temporary purpose; and positions of any class or
grade exempted from the competitive service for a maximum period of six (6) months
in any calendar year;
(5) Persons employed to render professional, scientific, technical or expert services of an
occasional or exceptional character;
(6) Part-time positions or employments, and voluntary personnel.
(b) The Competitive Service shall consist of all positions in the City Administrative Service
which are not in the General Service. (Amended by vote of the electors on November 3, 1998)
Section 1104. Budget: Appropriations. From the effective date of the budget, the several
amounts stated therein as proposed expenditures shall be and become appropriated to the several
offices, agencies and departments for the respective objects and purposes therein specified. All
appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been
expended or lawfully encumbered, except as otherwise provided by this Charter.
At any meeting after .the adoption of the budget the Council may amend or supplement the
budget so as to authorize the transfer of balances approptiated for one purpose to another purpose,
or to appropriate available revenue not appropriated in the budget.
No officer, department or agency of the City shal~ during any fiscal year, expend or incur any
obligation to expend money for any purposes not authoiized. by or ii1 excess of the amounts,
appropriated by any budget, as amended, that would affect the total appropriations of any fund or
department. The City Administrator is authorized to transfer unused budgetary amounts from one
account to another as long as the total appropriations authorized by City Council for any fund or
department are not affected by the transfer. (Amended by vote of the electors on November 3, 1998)
/q9g
ARGUMENT IN FAVOR OF MEASURE K
Charter Amendment
Section 800 of the City Charter required that the City Council adopt its first
Administrative Code upon approval of the Charter in 1960. The first Administrative Code was
adopted shortly after the 1960 approval of the Charter. This provision was only needed at that
time and serves no purpose in 1998. To aid in the Charter "clean-up", the City Council
recommends you vote yes on Measure k
ity Council of Gilroy,
Mayor K.A. Mike Gilroy
ARGUMENT IN FAVOR OF MEASURE L
Charter Amendment
Section 811 of the City Charter provides Anti-discrimination and Anti-favoritism policy
statements regarding hiring and job performance for City employees. State and Federal
regulations have become much more specific since the Charter was adopted in 1960. The
proposed language conforms to the latest State and Federal laws. To aid in the Charter "clean-
up", the City Council recommends you vote yes on Measure L-
Ci y Council of Gilroy,
Mayor K.A. Mike Gilroy
ARGUMENT IN FAVOR OF MEASURE M
Charter Amendment
Section 1000 of the City Charter provides a list of jobs under the jurisdiction of the City's
General Services which includes school crossing guards. The City does not and has not provided
school crossing guards in over two decades. To aid in the Charter "clean-up", the City Council
recommends you vote yes on Measure YV\.
ity Council of Gilroy,
Mayor K.A. Mike Gilroy
ARGUMENT IN FAVOR OF MEASURE r-.J
Charter Amendment
Section 1104 of the City Charter currently requires that the City go through a costly and
bureaucratic process to transfer budget allocations from one individual line item to another
within the same department or fund. The City's Independent Auditor has approved this charter
amendment which will reduce the cost of internal transfers. The City Council will continue to
have authority over transfers that increase the total department or city budget, and over transfers
between departments. To make the City more productive and efficient, the City Council
recommends you vote yes on Measure 0
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City Council of Gilroy,
Mayor K.A. Mike Gilroy
COUNTY OF SANTA CLARA
STATE OF CAl:IFORNIA
I am a citizen of the United States and a resident
of the County aforesaid. I am over the age at
eighteen years, and not a party to or interested in
the above entitled malter. I am the printer and
principal clerk of the publisher 01 The Dispatch,
printed and published in the City of Gilroy, County
of Santa Clara, State of Calilornia, daily, for which
said newspaper has been adjudged a newspaper
of general circulation by the Superior Court of the
County of Santa Clara, Stale of California, under
the dale of July 10, 1961, Action No. 80709, that
the notice 01 which the annexed is a printed copy,
has been published in each issue thereof and not
in any supplement thereof on the following dales,
10 wit:
JULY 13, 1998
I certify (or declare) under penally of perjury that
the loregoing Is true and correct and that this
declaration was execuled at Gilroy, California on
JULY 13,
(Dale)
19 98
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(Signalu
he Dispatch
.0. Box 22365
400 Monterey Rd.
Jlroy, CA 95020
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NO'T'T('F. OF F.r. F.CT T ON
Prool of Publication 01
MI;ASURE ( ): .,.'. Chatter
,eY.,~IQNQ,rICI; Amendment. Shall SectIon 1000
,c.,..,,<l'"''''':":?'.''''''':~''"_~'~"'''~~:-.'''k """'0 ...' of the City Charte.. be amended to
NOTIOE PF ehE9t10N' remove .from theli$t of pOsition~
MEASUAJ;S to 13E:VotED ON cQmi('1S within tne,jurisdiction of
' , . , the General Service the position
NOTICE 1$ HERE~YGIVEN.of sGl100l crossing guards?
that a consolidBtl;ld general finq,. MEASURE (): Charter
special municipal election. will be :Amendment.Sh~II.~ection,) 104
held in the City Of Gilrgy 00 :of the City <:;hart~r be ari1~nded to
TueSday, November 3, 1998, fQraltow the City Admini$trator to
the following measures to be transfer unused b)..ldgetary
voted.on: ., .... .' amounts from o~e a~coui1t to
MIiASURE ( ):. " Charter anotHer a510ng as!/1etQfal appro.
ArtI$Qcjm~nt:j)hall S~Ction80q of priation approvea"v tH.e City
the 'Qity Oharter be .amended to QouOCilfor any fund or depart;.
del~tetfjeprovi.sion which rnent.are . nQt. afffilQtedby. the
teqlJiF~(;f,thattH.e , Qity :tFal1~f: 'it
J\drt'lin.i~trator prepare. and submit"PJl; ..;tft~t
to .11'1' it qql!nciltqnd reqlJiring; pursuan
.. Jll!,;j.Q~J:?htn~fjr~~ tip" 9280 .'
Sl~~qet~:;stt~I" tll~' 199~ jsthe laSt' .'"
sfablished1. , the City Clerk direct , ". $Qn
...,.t\$lJl1g ( ): ,Gharte~~aQY9f,these me..s"iand
Artie(la!fl~hti$ha" Sectig" 811' of,AUgust 20, 19~8 i$lh.e1eStdatetQ
ttle . ~ity.gnarter beame.n<:tegt9 lfile rebuttal. argum~nt$. for printing
bart/1$~iWtrom di$Criminatin91~f.1Q'9.j~Jr' '" '. 's,
aQ~io~t..of from favoring, a City r . <<'Qt, i1~
emp.lo.Vee or person seeking th~.),
e.,:...'t\o'litl1 ttl~8itY~()~'Jhei , P9L '. '. ..,. '. .". .' ..,..aen
~~I.lI)Ri~i()!'l qr. ~~ijia"ltf1e J1C&l~C)lZ.~,ID"c..~Mgp.m.
tJ >rtl!\)ElJ'"$tiipi.(la lawtvl/S/ RHGNDA PltLUN,- ..... 10:
~ ......, 'ees liS$Ql5iBti()l'I, OtqitY91~r~ ,.,..,. '.Y .,?
b~Q9Y$e Qf raGe,QQ.IQf, religipfl. Dat~9:J1JIY8, 19S5
gender, natiOnal origin, age: sexu- .
alorientation, physical or mental G37S'4
diSBbiJity,or veteran'S status? PUBLISH: July 13, 1998
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COUNTY OF SANTA CLARA
STATE OF CALIFORNIA
I am a citizen of the United Slates and a resident
of the County aforesaid. I am over the age ot
eighteen years. and not a party to or interested in
tt18 above entitled matter. I am the printer and
principal clerk of ttle publisher of The Dispatch.
printed and published in the City of Gilroy, County
of Santa Clara, State of California, daily, for which
said newspaper has been adjudged a newspaper
of general circulation by the Superior Court of the
County of Santa Clara. State of California, under
the date of July 10. 1961, Action No. 80709. that
the notice of which the annexed is a printed copy.
has been published in each issue thereof and not
In any supplement thereof on the following dates.
to wit:
JULY L3, 1998
! certify (or declare) under penally of perjury that
f18 foregoing Is true and correct and that this
jeclar<ltion was executed at Gilroy, C<1lifom;a on
JULY 13,
(Dale)
, 1 9 98
VJiQwi(~
(Signi1[Ui'
110 Dispatch
.0. Box 22365
'100 Monterey Rd.
ilray, CA 95020
Cl <2c it 0h
NC1TfCE Dr ELECTrON
Proal at Publication of
MEASURE (): Charter
Amendment. Shall Section 1000
. of the City Charte( be amended to
NOTICE OF ELECTION remove from the list of positions
MEASURES TO BE VOTED ON coming within the juhsdiction of
the General SeNice the position
NOTICE IS HEREBY GIVEN of school crossing guards?
that a consolidated general and MEASURE (): Charter
special municipal election will be Amendment. Shall Section 1104
held in the City of Gilroy on of the City Charter be amended to
Tuesday, November 3, 1998, for allow the City Administrator to
the following measures to be transfer unused budgetary
voted on: amounts from one account to
ME AS U R E ( ): C ha rt e r another as long as the total appro-
Amendment: Shall Section 800 of priation approved by the City
the City Charter be amended to Council for any fund or depart-
delete the provision which ment are not affected by the
required that the City transfer during any fiscal year?
Administrator prepare and submit PLEASe JAKq NOTICE that
to the City Council, and requinng pursuant to Elections Code sec-
the Council to adopt, th~ first'tion 9285 and 928~, ALJgust 10,
administrative cOde alter the 1998 is the last date to file with
Charte( was established? the City Clerk direct arguments on
MEASURE () Charter any of, these measures and
Amendment: Stlall Section 811 of August 20. 1998 is the last date to
the City Charter be amended to file rebuttal arguments for printing
bar the City from discriminating and distribution to the voters.
against, or from favoring, a City Copies of the; rm3aslli'es are avail-
employee or person seeking able in the CityOlerk'soffice,
employment with the City, on the The polls wi" M open between
basis of pOlitical opinion or aHilia- the hours of 7 (i.m. and 8 p.m.
tions or membership in a lawful /s/ RHONDA PELLlN, ~
employees association, or City Clerk
because of race, color, religion, Dated: July 8, 199a
gender, national origin, age, sexu'
al orientation, phYSical or mental G3764
disability, or veteran's status? PUBLISH July 13, 1998
PUBL.IC NOTICE
/
Certificate of Election Results
STATE OF CALIFORNIA)
) ss.
County of Santa Clara )
I, Dwight M. Beattie, Registrar of Voters of the County of Santa Clara, State of
California, hereby declare that a General Election was held in the City of Gilroy and
consolidated with the Statewide Gubernatorial General Election on November 3, 1998 for
the purpose of submitting Measures K, L, M & N to the voters of said City; and to wit:
K CHARTER AMENDMENT. Shall Section 800 of the City Charter be amended to
delete the provision which required that the City Administrator prepare and submit
to the City Council, and requiring the Council to adopt, the first administrative code
after the Charter was established?
L CHARTER AMENDMENT. Shall Section 811 of the City Charter be amended to
bar the City from discriminating against, or from favoring, a City employee or person
seeking employment with the City, on the basis of political opinion or affiliations or
membership in a lawful employees association, or because of race, color, religion,
gender, national origin, age, sexual orientation, physical or mental disability, or
veteran's status?
M CHARTER AMENDMENT. Shall Section 1000 of the City Charter be amended
to remove from the list of positions coming within the jurisdiction of the General
Service the position of school crossing guards?
N CHARTER AMENDMENT. Shall Section 1104 of the City Charter be amended
to allow the City Administrator to transfer unused budgetary amounts from one
account to another as long as the total appropriation approved by the City Council
for any fund or department are not affected by the transfer during any fiscal year?
That the official canvass of the returns of said election was conducted by the office
of the Registrar of Voters in accordance with the appropriate provisions of the Elections
Code of the State of California; and
That the Statement of Votes Cast, hereto attached, shows the whole number of
votes cast for and against each measure in the City and in each of the respective precincts;
and that the totals shown for each candidate are true and correct.
WITNESS my hand and Official Seal this 25th day of November, 1998.
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11/25/98 3:03 PM
November 3,1998
Statement of Votes
GENERJtt. tLECTlON '98
407
Measures
25 K. L, M, N
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~9,sl' PQT:W,s 1 833 359 43.1 154 97 185 89 135 114 133 126
39~' pot 3Q~2 622 281 45,2 134 71 154 59 134 74 122 87
395$' pot 3953 762 363 47.6 165 65 206 66 164 89 164 101
3954 - POT 3954 501 185 36.9 66 64 97 46 64 73 69 73
3955 - POT 3955 718 320 44,6 129 91 168 65 130 93 125 106
3956 - POT 3956 434 169 38.9 70 42 84 38 66 48 65 47
3~~7, pcr 617 244 39.5 96 74 124 56 75 95 75 96
M~,pCr 635 275 43.3 103 102 147 71 76 125 99 111
3~~, ; pot 491 263 53.6 122 60 152 39 116 67 118 71
3960 . POT 3960 739 373 50,5 183 99 242 59 179 111 154 140
3962 - POT 3962 839 273 32.5 105 92 131 67 91 106 89 115
3964 - POT 3964 560 263 47.0 118 64 139 49 122 49 114 76
~!l$.. ' POT~!l$ 693 335 48.3 176 74 218 52 185 73 166 93
3~,PCT :W67 749 354 47.3 190 60 224 66 183 95 181 102
3969"POT~ 764 291 38.1 122 62 172 45 106 100 126 91
3970 - POT 3970 609 258 42.4 123 64 142 54 108 85 109 84
3974 - POT 3974 649 265 40,8 123 90 178 45 124 91 127 94
3978 . POT 3978 457 240 52.5 127 51 147 42 121 63 119 68
3~?~+!'CT3IIt!l 5S5 274 49.4 132 74 165 49 131 69 115 92
~~.!i9 F~OT3~~~ 619 278 44.9 124 81 152 64 106 104 115 102
39~" PeT :wal 656 337 51.2 161 97 232 46 164 94 170 103
3962 - POT 3962 815 357 43.8 152 94 219 60 156 113 148 123
3983 ' PCT 3983 347 164 47.3 92 30 108 26 87 38 84 43
8000 126 - ABS 126 14666 1670 11.4 705 465 947 306 718 471 737 511
Absentee T otslS 14668 1670 11.4 705 465 947 306 718 471 737 511
Gram;lTQ\sls 14666 8191 55.9 3672 2223 4733 1559 3543 2440 3524 2655